Terms and Conditions

Ballito Stay General Terms & Conditions & Privacy Policy

Name: Ballito Stay

BALLITO STAY’S CONTACT DETAILS

Email: ballitostay@gmail.com

ACCEPTANCE OF TERMS

By accessing or using Ballito Stay’s website or services, you agree to comply with and be bound by the terms and conditions set forth in this agreement. These terms apply to all users who visit or interact with any part of our website or use any of the services offered by Ballito Stay. Please review this agreement carefully. If you do not agree to these terms, you are required to discontinue your use of our website and services immediately. Continued use of the website or any service will be considered as your acceptance of these terms.

ACCEPTANCE OF TERMS BY ALL TRAVELLERS

By agreeing to these terms, you also accept them on behalf of all travellers included in your bookings made through Ballito Stay. Your acceptance confirms that all individuals in your party are bound by the terms of this agreement.

CHANGES TO THE AGREEMENT

Ballito Stay reserves the right to modify or update this agreement, or any part of it, at any time and without prior notice. Any changes will be reflected on this page, and it is your responsibility to review the terms regularly. By continuing to use Ballito Stay’s website or services after changes have been posted, you acknowledge and accept the updated terms, which take effect immediately upon posting.

ENTIRE AGREEMENT

This agreement represents the complete and final understanding between you and Ballito Stay, overriding all prior agreements, representations, policies, and understandings, whether written or oral. Should any provision of this agreement be deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, that specific provision will be severable, while the remainder of the agreement will continue to be fully enforceable, as allowed by law.

NON-WAIVER

Ballito Stay’s failure to enforce or exercise any provision or right under this agreement will not be considered a waiver of that provision or right. Ballito Stay reserves the right to transfer, assign, or delegate its rights and obligations under this agreement to any third party at its discretion.

LEGAL COSTS

Ballito Stay shall not be liable for any legal costs incurred by users in relation to their use of the website or services, including but not limited to costs associated with any disputes or claims arising from this agreement. Should any legal action be taken against Ballito Stay, the user agrees to bear their own legal expenses, unless otherwise ruled by a court of law.

JURISDICTION

This agreement is governed by the laws of South Africa. You agree that any legal disputes or claims arising from this agreement will be subject to the jurisdiction of the appropriate courts in South Africa, and any proceedings will take place within this jurisdiction.

Booking Terms

BALLITO STAY’S SERVICES

Ballito Stay operates as a travel agency, providing a self-service platform where the public can book short-term rental accommodations and related travel services offered by third-party providers. We act as an intermediary between travellers and suppliers, facilitating bookings and services through our website.

SELF-SERVICE RESPONSIBILITY

You are solely responsible for providing accurate information during the booking process and for assessing the suitability of any accommodation or service prior to booking. While Ballito Stay may communicate with you through various channels or assist in using the website on your behalf, the final responsibility to review all details, confirm the accuracy of information, and ensure the appropriateness of the service rests with you before completing a booking.

DIRECT BOOKING WITH SUPPLIERS

When you make a reservation through Ballito Stay’s services, you are booking directly with a third-party supplier (referred to as a “Supplier”). You acknowledge that Ballito Stay serves solely as an agent for the Supplier, who is responsible for providing the agreed-upon travel services. Any claims or recourse related to the services provided will be directed to the Supplier. However, Ballito Stay is committed to assisting you as much as possible throughout the process.

QUOTES, RATES AND PRICES

All rates listed on this website are subject to change without prior notice and are intended for informational purposes only. Only quotations provided directly to a user through the website constitute a formal offer. Such quotations are contingent upon the availability of the Supplier.

While Ballito Stay strives to present accurate pricing at all times, occasional pricing errors may occur. In such cases, Ballito Stay reserves the right to adjust prices, even if the incorrect amount has been quoted or previously paid.

YOUR RESPONSIBILITIES

By using this self-service booking website, you acknowledge and accept your responsibilities, which include, but are not limited to:

• Selecting the appropriate Supplier that meets your requirements.
• Verifying that all details provided during the booking process are accurate.
• Ensuring that you have obtained all necessary travel documentation and permissions prior to finalising your booking.
• Being aware of any recommended vaccinations or medications needed for your destination.
• Confirming the eligibility of all travellers, including age, health, financial status, or any other relevant factors.
• Considering any other aspects that might affect your ability to undertake or enjoy your booking.

You are solely responsible for ensuring that all travellers possess the required documents, such as:

• Valid identification
• Valid passport(s)
• Valid visa(s)
• Valid birth certificate(s)
• Any other documents that may be necessary for your travels

Ballito Stay also strongly recommends that you obtain insurance coverage to adequately protect yourself from the risks associated with your booking. You understand that travel involves various risks, and Ballito Stay does not provide protection against these risks. It is essential to ensure you are covered for potential losses due to illness, cancellation, injury, baggage damage, theft, or any other unforeseen circumstances.

SUPPLIERS TERMS AND CONDITIONS

Each Supplier has its own Terms and Conditions that govern your booking. It is your responsibility to review and understand the Terms and Conditions of the Supplier before finalising your reservation.

ACCEPTANCE OF INSTRUCTIONS

Ballito Stay may accept instructions related to a booking from any individual who has access to the email account or phone number associated with the booking, or who possesses substantial knowledge of the booking details (such as the reference number).

CANCELLATION POLICY

All bookings and associated charges are generally non-refundable unless specified otherwise during the booking process. If a more flexible cancellation policy applies, it will be clearly indicated during the reservation process and included in your booking confirmation. If no cancellation policy is displayed, please assume that the booking is non-refundable or contact us for clarification on the applicable cancellation policy.

Upon receiving a written request from you to cancel a reservation, any amount due to you from the Supplier, according to their cancellation policy, will be directed to Ballito Stay. Once Ballito Stay receives the funds, we will process the refund to you within 7 days, depositing it into your specified bank account (after deducting any applicable fees). Ballito Stay will not be responsible for issuing any payments to you if you are not entitled to a refund or if the funds cannot be recovered from the Supplier.

UNAVAILABLE BOOKINGS

If, after you have completed your payment for a booking, the Supplier no longer has your selected service (such as a room or date) available, Ballito Stay will make every effort to find you a suitable alternative. If a suitable alternative cannot be provided, we will assist you to the best of our ability in recovering your funds from the Supplier.

TRAVEL DELAYS AND RE-SCHEDULING

You acknowledge that flights may be rescheduled or delayed for various reasons, and it is your responsibility to monitor your itinerary for any changes prior to your travel date. Ballito Stay will not be liable for any such changes. Any additional costs incurred, including but not limited to accommodation expenses or alternative travel arrangements, will be your responsibility.

CREDIT CARD PAYMENT OPTIONS

The merchant outlet country when presenting payment options to the cardholder is South Africa, and the transaction currency is South African Rand (ZAR).

Ballito Stay accepts various forms of payment, including Visa and MasterCard credit cards. We implement measures to ensure secure payment transactions on our website. The primary security measures include:

• Credit card transactions are processed by PayFast (Pty) Ltd (https://payfast.io).
• Ballito Stay does not store complete credit card details. Instead, credit card information is securely forwarded to PayFast (Pty) Ltd for authoris
• Both Ballito Stay and PayFast (Pty) Ltd utilise strict encryption protocols. No credit card information is transmitted via unsecured methods, such as email.

Except as otherwise stated in this agreement, all payments and transactions conducted on this website will be governed by the rules, processes, and procedures of PayFast (Pty) Ltd, as well as the applicable banking and card association regulations. Your rights and obligations regarding payments owed to or by you will be subject to these governing terms.

Despite Ballito Stay’s adherence to these security measures, you agree to indemnify and hold Ballito Stay harmless from any loss, damage, or liability of any nature arising from payments and transactions processed on this website.

FEES AND COMMISSIONS

Ballito Stay may impose fees for services associated with bookings, including but not limited to placing, modifying, amending, or canceling a booking. Additionally, Ballito Stay may receive payments or commissions from Suppliers in connection with bookings made through our platform.

We may also offer additional services, whether optional or bundled, either directly from Ballito Stay or as an agent for a Supplier. These additional services may have their own terms and conditions, which will take precedence over these terms in the event of any contradictions.

DISSATISFACTION

If you are dissatisfied with your booking for any reason, please contact Ballito Stay via email as soon as possible. If your concerns arise during your travels, we encourage you to reach out to us immediately so we can address the situation and make necessary adjustments for the remainder of your trip. If you wish to contact us after your travels, please do so within one week of your return or checkout. However, please note that we cannot guarantee a resolution to your satisfaction.

LIMITATION OF LIABILITY

In the event that, despite the other provisions of this user agreement, Ballito Stay is found liable to you for any damages, such liability shall be limited to the total amount you have paid to us.

Disclaimer

Neither Ballito Stay nor any of its directors, employees, officers, representatives, agents, consultants, suppliers, service providers, or subcontractors (collectively referred to as “Indemnified Parties”) shall be liable for any direct, indirect, special, or consequential losses or damages of any kind that may arise from:

1. Your access to or use of this website.
2. Your purchase or use of any products or services available on this website.
3. The unavailability of any products or services provided on this website.
4. Your inability to access this website or use the products and services available on it.
5. The use of hyperlinks on this website or reliance on any website linked to or from this website.
6. Access to or the inability to access websites linked to this website.
7. Accessing or using this website from a jurisdiction where such activity is prohibited.
8. The submission or transmission of information or material on or through this website by you.
9. Your violation of these terms of use or any applicable laws, regulations, or rules.
10. Information or material submitted by you to Ballito Stay that violates any laws or infringes upon the rights of any third party, including but not limited to defamation, invasion of privacy, breach of confidence, or infringement of copyright or other intellectual property rights.
11. Any interactions you have with any Supplier, which may include, but are not limited to, stays at accommodations booked through Ballito Stay’s website or services or flights scheduled through Ballito Stay’s website or services.
12. The interactions of any traveler associated with a booking made through Ballito Stay’s website or services with any Supplier, which may include, but are not limited to, stays at accommodations booked through Ballito Stay’s website or services or flights booked through Ballito Stay’s website or services.

You agree to indemnify and hold harmless the Indemnified Parties from any losses, damages, liabilities, claims, or costs of any kind, whether compensatory, direct, incidental, consequential, or otherwise, arising from or in any way related to the matters listed above.

Ballito Stay reserves the right to defend and control any claims arising from the aforementioned matters, and you agree to cooperate fully with Ballito Stay in any such defence.

Website Use

ALLOWED USE OF THIS WEBSITE

You may only access and browse this website for legitimate personal and non-commercial purposes. You are prohibited from using this website for:

1. Harmful purposes.
2. Illegal activities.
3. Disclosing, sharing, or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing, or damaging to any individual or entity.
4. Creating, storing, or sending unsolicited commercial communications.

Names, email addresses, telephone numbers, and fax numbers published on this website must not be included in any database intended for electronic marketing or similar purposes. No permission is granted, nor should it be implied, that information on this website may be used to send unsolicited communications to Ballito Stay. All rights as outlined in Section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002 (“ECT Act”), are reserved.

If you use information from this website in violation of this user agreement, Ballito Stay reserves the right to seek damages and/or pursue criminal proceedings against you.

SOFTWARE AND EQUIPMENT

You are responsible for acquiring and maintaining, at your own expense, the necessary computer hardware, software, communication lines, and Internet access required to connect to the Internet and access this website and/or download content from it.

LOGIN DETAILS AND PASSWORDS

You agree to keep all passwords required for accessing or using the website secure. You are legally responsible for any actions taken on this website by anyone who has access to your account. You indemnify Ballito Stay against any damage, loss, or liability of any nature resulting from unauthorised access to this website.

CORRECTNESS OF YOUR INFORMATION

You agree to ensure that all information you provide to Ballito Stay is accurate and kept up to date, including but not limited to your name and email address. Ballito Stay will not be liable for any damage, loss, or liability arising from any misrepresentation made by you. If you fail to keep your information current, we reserve the right to suspend or remove your account.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, this website, including all text, images, trademarks, trade names, logos, and other content, such as the Ballito Stay logo and all designs, text, graphics, pictures, downloads, information, data, software, sound, video, and other files, as well as domain names, web pages, patents, source code, meta tags, databases, hyperlinks, and the selection and arrangement of this content, is the exclusive property of Ballito Stay or its licensors and users. This content is protected from infringement by South African and international copyright laws and treaties. Reproduction or appropriation of this material in any form is prohibited without the prior written permission of Ballito Stay (or other respective owners, where applicable). All rights to this website and its content are reserved under the name of Ballito Stay.

Unless expressly restricted by a notice on any page of this website, you may view, download, and/or print portions of this website for your personal and non-commercial use, provided that any copies retain all relevant proprietary notices and disclaimers, and the content is not reproduced, modified, adapted, or processed in any way.

All other uses of this website and its content are prohibited. Specifically, without limiting the foregoing, no individual may reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, exploit for commercial or non-private purposes, or create derivative works from such content without obtaining prior written consent from Ballito Stay.

You are not permitted to amend, copy, use, decompile, or reverse engineer the source code of this website. Logos, icons, or trademarks from this website cannot be used as hyperlinks or for any other purpose without Ballito Stay’s prior written consent.

This website contains materials owned or licensed to Ballito Stay, including but not limited to the design, layout, appearance, and graphics, which may be subject to copyright and/or other intellectual property rights. You may not copy, replicate, or use such materials except as agreed upon between us and/or the rights holder, or to the extent that such use is incidental to your use of the website.

ACCURACY OF SUPPLIER CONTENT ON THIS WEBSITE

Ballito Stay commits to exercising reasonable care in ensuring that the information provided by third parties on this website is accurate and current. However, we do not conduct site inspections of the Suppliers and, therefore, make no warranties regarding the accuracy or completeness of the information provided by Suppliers listed on this website or by users of this site.

You are encouraged to report any untrue, inaccurate, defamatory, illegal, infringing, or harmful content found on this website. Ballito Stay will make reasonable efforts to correct or remove such content or any part of it if you provide adequate grounds to substantiate your claims.

While we strive to keep all information on the site updated and accurate, Ballito Stay shall not be liable for any loss, breach, damage (whether direct, consequential, general, or special), or expense of any kind that may arise, directly or indirectly, from the use, supply, or reliance on any information or service provided by or to Ballito Stay through this website.

SERVICE INTERRUPTIONS

While we strive to maintain our reservation service and the supporting technology, we make no representations or warranties, express or implied, that the content and technology available on this website are free from errors or omissions, or that the service will be uninterrupted and error-free. Ballito Stay shall not be liable for any damage, loss, or liability of any kind arising from any defects that may exist or occur intermittently in Ballito Stay’s service. You are encouraged to report any potential malfunctions or errors to us.

Additionally, Ballito Stay shall not be liable for any direct or indirect loss or damage incurred as a result of unauthorised access to this website, planned or unplanned outages, or the actions of service providers, including relevant hosting and equipment providers. You hereby indemnify and hold Ballito Stay harmless from any claims arising from unauthorised access or service outages.

USE OF HYPERLINKS

Ballito Stay is not responsible for the content, availability, products, or services of any other website from which you have accessed this website or to which you may hyperlink from this website. When we provide a hyperlink to a third-party website, it is done in good faith based on our belief that the site contains material relevant to this website. However, such a hyperlink does not indicate that Ballito Stay has reviewed or approved the third party’s website or its contents, products, or services. Additionally, it does not imply any recommendation, endorsement, support, or affiliation by Ballito Stay with the content, products, or services of those websites. You may not frame this website in any manner without obtaining prior written permission from Ballito Stay.

SECURITY

Ballito Stay will take all reasonable measures to protect the content of this website and the information collected from you against unauthorised access and disclosure. However, we do not provide any warranties or representations that the content of this website will be completely safe or secure.

We recommend that you install antivirus software before downloading any materials from this website and ensure that the software is compatible with your equipment and regularly updated.

You are prohibited from intentionally or negligently delivering any harmful code, such as viruses, bots, or spyware, to this website or the server and computer network that supports it. In addition to any potential criminal prosecution, if you attempt to deliver any harmful code to this website, whether intentionally or negligently, you agree to indemnify and hold Ballito Stay harmless from any and all losses, liabilities, and damages that may result from such actions.

You may not develop, distribute, or use any device or program intended to breach or circumvent the security measures of any restricted pages, products, or services on this website. Ballito Stay reserves the right to seek damages from any individuals directly or indirectly involved in the development, use, or distribution of such devices or programs.

If you commit any offences outlined in Sections 85 to 88 of the ECT Act, you shall be liable for all losses, liabilities, and damages suffered by Ballito Stay as a result of such offences, regardless of any criminal prosecution that may occur.

ACCESS TO THE WEBSITE

Ballito Stay reserves the right to restrict, suspend, or terminate your access to this website at any time if we believe you have violated these terms of use. Such actions will be without prejudice to any rights Ballito Stay may have against you regarding the breach.

Additionally, Ballito Stay may remove the entire website or any specific sections or features at any time without prior notice. We do not guarantee or make any representations regarding the availability of this website at any particular time.

WEBSITE AVAILABILITY AND DISCLAIMER

This website is provided on an “as is” basis, without any warranties of any kind, either express or implied, regarding its operation, the accuracy of the information, or the products or services mentioned. The content of this website has not been tailored to meet your individual needs. It is your responsibility to ensure that the services available through this website will meet your specific requirements and are compatible with your hardware and/or software before entering into this user agreement with Ballito Stay.

Privacy Policy

SCOPE

This privacy policy is applicable solely to the Ballito Stay website. The website may feature hyperlinks to other sites (‘linked sites’) that are not controlled by Ballito Stay and are not governed by this privacy policy. It is your responsibility to review the privacy policies of these linked sites, and Ballito Stay cannot be held liable for any breaches of those policies by the linked site’s owners. Additionally, the presence of hyperlinks does not imply endorsement, approval, or support of the content, products, or services of the linked sites, and Ballito Stay is not responsible for the content or the privacy and security practices of those sites.

INFORMATION WE COLLECT

When you register on the Ballito Stay website, we collect specific information necessary to provide the requested services. This information may include, but is not limited to:

• Full name
• Email address
• Business or home address
• Employer or affiliated organisation
• Contact telephone numbers
• Date of birth
• Reason for accessing the site
• Intended use of the requested information
• Passport number or ID number
• Emails and recordings of phone calls from your interactions with us
• Your voluntary reviews of suppliers

The personal information listed above will be collected either electronically through cookies (as described below) or directly from you when you provide it voluntarily.

PROTECTION OF PERSONAL INFORMATION

We prioritise the integrity and confidentiality of your personal information by implementing appropriate and reasonable technical and organisational measures to prevent loss, damage, or unauthorised destruction, as well as to protect against unlawful access to or processing of personal information.

In the unlikely event that the security of your personal information is compromised, we will notify you as soon as reasonably possible under the circumstances.

To maintain these protective measures, we have established policies, controls, and processes that are regularly reviewed and updated. These controls cover various aspects, including:

• Physical, technical, and network security
• Access monitoring
• Secure storage, destruction, and encryption of personal information records
• Reporting and remediation of personal information breaches

We also enforce security and confidentiality obligations through written agreements with third parties (both within and outside South Africa) who process personal information while providing services to us.

DATA RETENTION AND DELETION

Ballito Stay is committed to ensuring that your information is not retained longer than necessary. We will retain only the minimum amount of information required to fulfil our statutory functions and provide our services.

We will keep your personal information for as long as:

• It is needed to provide our platforms, products, or services to you.
• It is required or permitted by law, in accordance with our internal retention policies.
• It is necessary to uphold the contract between you and us.

Once your information is no longer needed for these purposes, we will securely delete or anonymise it in line with our data retention policies.

DISPERSAL OF INFORMATION TO THIRD PARTIES

In addition to the policies and procedures we employ to safeguard your data, your information is protected by South African law.

Subject to the provisions of this policy, Ballito Stay will not share your personal information with third parties without your permission, except when required by law enforcement action, subpoena, or applicable law or regulation.

Ballito Stay does not lease, sell, rent, or distribute any information you provide to third parties, except in the following circumstances:

• Booking Processing: If you make a booking with a Supplier, we will pass on all necessary information to facilitate that booking. This may include, but is not limited to:
  • Your first and last name
  • Your contact details, including email address and/or phone number
  • Your country of origin
  • Your passport number or ID number
• Data Transfer: Your personal information may be transferred across borders for data consolidation, storage, and simplified customer information management.
• Third-Party Processing: Ballito Stay may disclose your information to its subsidiaries and third-party suppliers engaged to process data on its behalf. In such cases, Ballito Stay will ensure that South African laws regarding the protection of your information are followed.
• Business Transactions: Should Ballito Stay merge with or be acquired by another business entity or organisation, we may share some or all of your personal information with the merging or acquiring entity. Such entities are not permitted to use your personal information for any purposes other than those contemplated in this policy.

Ballito Stay will not be liable for any damage, loss, or liability arising from any unintentional misuse of your information by such merging or acquiring entity.

REVIEWS OF SUPPLIERS

Ballito Stay may invite customers to review suppliers following their travel experiences. Participation in these reviews is always voluntary.

By uploading, submitting, or otherwise contributing any content in a customer review on the Ballito Stay website, you grant Ballito Stay an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid license to:

• Use
• Make
• Have made
• Reproduce
• Display
• Perform
• Publish
• Upload
• Post
• Modify
• Create derivative works from
• Transmit
• Distribute
• Sell
• Offer for sale
• Sublicense, or otherwise transfer those materials or information or their modifications.

Additionally, you grant Ballito Stay permission to authorize third parties to perform any or all of the above actions indefinitely.

You represent and warrant that you possess sufficient rights in the materials or information submitted to grant these rights and licenses. Furthermore, you waive any attribution rights to the content you submit.

By contributing content in a customer review on the Ballito Stay website, you also grant Ballito Stay the right to display your full name and country of origin alongside your submitted review content anywhere on the Ballito Stay website.

NEWSLETTER AND COMMUNICATION OPT-OUT

You can unsubscribe from our newsletter at any time by clicking the unsubscribe link located at the bottom of all our email communications, which will automatically remove you from the mailing list.

If you wish to have your information removed from our active databases at any time, please contact us directly.

CUSTOMER TRACKING

To enhance our service for customers, we reserve the right to:

• Track User Movements: We may track your movements throughout this website and analyse your interactions using third-party tools, including but not limited to Google Analytics. We may also collaborate with third-party tracking services, such as Google Ads, in good faith, believing that your privacy will be adequately protected.
• Utilise Cookies and Related Technologies: Cookies are small pieces of data stored on your local computer by your web browser. When you visit our website, we may provide your computer with a cookie to facilitate identification during subsequent visits. This helps us tailor your browsing experience to your preferences. Please note that some features of the Ballito Stay website may not function correctly if you disable cookies. Additionally, third-party services employed by the website, such as Google Ads, may also use cookies to track users for improved user experience and advertising performance.
• Collect IP Information: When you access the Ballito Stay website, we may collect information such as your IP address, domain name, type of web-browsing software, operating system, and the URL of the webpage from which you arrived. This information is used to enhance user experience and for general statistical purposes.

NON-IDENTIFIABLE AND STATISTICAL INFORMATION

Ballito Stay owns and retains all rights to the non-personal statistical information collected and compiled by the platform. This information may include aggregate data and analytics that do not personally identify individual users. Such data is utilised to improve our services, enhance user experience, and inform strategic decisions.