Reservation Agreement Terms

1. INTRODUCTION

1.1

These Terms form an agreement between the Guest, the Agency and the Owner and apply to the Guest’s booking and the use and enjoyment of the Property as private short-term accommodation. By booking the Property via the Reservation Platform, you agree to these Terms.
1.2

The Guest acknowledges and records that, he/she/it has read and understood any and all of the Terms contained herein and undertakes to comply with these Terms and furthermore ensure that the Affected Parties do the same, failing which the Guest hereby accepts any and all liability arising out of or in connection with the failure of any Affected Party to comply with these Terms.

2. INTERPRETATION

2.1
In these Terms, the following words mean:
1. 2.1.1
  
  “Acceptance Date” means the date upon which these Terms are consented to and acknowledged by the Guest;
2. 2.1.2
  
  “Accommodation Fee” means the total accommodation fee payable by the Guest to the Agency in respect of the Guest’s use and enjoyment of the Property during the Term of Stay as contemplated on the Reservation Platform;
3. 2.1.3
  
  “Affected Parties” means any individual who is granted access to the Property and permitted to make use of the Property, at any time during the Term of Stay, as specified in the booking details, including the Guest, the Guest’s dependents, the Guest’s guests and/or guests of any of the foregoing;
4. 2.1.4
  
  “Agency” means Casa Mira Property Management Proprietary Limited t/a Revo Stay (registration number: 2024/440547/07);
5. 2.1.5
  
  “Breakages Fee” subject to clause 11, means the refundable breakages fee, as contemplated on the Reservation Platform;
6. 2.1.6
  
  “Card Authority” has the meaning ascribed to it in clause 4.4;
7. 2.1.7
  
  “Business Day(s)” means any day(s) other than a Saturday, Sunday or an official Public Holiday in the Republic of South Africa;
8. 2.1.8
  
  “Check-in Date” means the date upon which the Guest is granted access to the Property and permitted to make use of the Property for the duration of the Term of Stay and for purposes of private short-term accommodation, with access from the Check-In Time;
9. 2.1.9
  
  “Check-Out Date” means the date upon which the Guest is required to cease all use of the Property and relinquish access of the Property to the Agency and/or the Owner, by no later than the Check-Out Time;
10. 2.1.10
  
  “Check-In Time” means the time from which the Guest is entitled to access the Property on the Check-In Date, which shall be 14:00 unless otherwise specified on the Reservation Platform or agreed in writing by the Agency;
11. 2.1.11
  
  “Check-Out Time” means the time by which the Guest is required to vacate the Property and return all keys and access devices on the Check-Out Date, which shall be 10:00 unless otherwise specified on the Reservation Platform or agreed in writing by the Agency;
12. 2.1.12
  
  “Cleaning Fee” means the cleaning fee payable by the Guest to the Agency, for cleaning services rendered to the Guest, from time to time, during the Term of Stay (if applicable);
13. 2.1.13
  
  “Guest” means the person who has booked the Property via the Reservation Platform, for and on behalf of the Affected Parties, for the duration of the Term of Stay and for private short-term accommodation;
14. 2.1.14
  
  “Indemnified Parties” means the Owner, and the Agency and each such Party’s employees, directors, consultants, independent contractors, licensees and assigns;
15. 2.1.15
  
  “Holdover” has the meaning ascribed to that term in clause 10;
16. 2.1.16
  
  “Holdover Penalty” has the meaning ascribed to that term in clause 10;
17. 2.1.17
  
  “Owner” means the registered owner of the Property, as reflected on the Title Deed of the Property in the applicable Deeds Registry;
18. 2.1.18
  
  “Parties” means the Guest, the Owner and the Agency and “Party” means either of them, as required by the context;
19. 2.1.19
  
  “Property” means the immovable property owned by the Owner, which property is advertised and marketed on the Reservation Platform and made available to the Affected Parties for private short-term accommodation purposes;
20. 2.1.20
  
  “Reservation Platform” means the Website and the online booking facilitation platform commonly known as “Guesty” utilised by the Agency and/or the Owner, for purposes of (i) marketing the Property and (ii) facilitating the reservation of the Property for purposes of private short-term accommodation;
21. 2.1.21
  
  “Term of Stay” means the period of time commencing from the Check-In Date and terminating on the Check-Out Date (both dates inclusive); and
22. 2.1.22
  
  “Website” means the Agency’s website, which website can be found at http://www.revo-stay.co.za.
2.2

Unless the context clearly indicates a contrary intention, any word denoting any gender includes the other gender, the singular includes the plural and vice versa, natural persons includes artificial persons and vice versa and insolvency includes provisional or final sequestration, liquidation or business rescue.
2.3

The ejusdem generis rule will not apply and in these Terms the word "including" shall mean "including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word", and the word "include" and its derivatives shall be construed accordingly.
2.4

Any reference to a statutory enactment is a reference to that enactment as at the Acceptance Date and as may be amended or re-enacted from time to time.
2.5

Expressions defined in these Terms shall bear the same meanings in annexures to these Terms, which do not themselves contain their own definitions.
2.6

The expiration, cancellation or termination of these Terms shall not affect such provisions of these Terms which, out of necessity, must continue to have effect after such expiration, cancellation or termination, notwithstanding that the clauses themselves do not expressly provide for this.

3. USE OF THE PROPERTY

The Owner hereby offers the use and enjoyment of the Property, for purposes of private short-term accommodation, to the Guest, who hereby accepts the offer, subject to the terms and conditions of these Terms.

4. RESERVATION AND PAYMENT TERMS

4.1

The Accommodation Fee and Breakages Fee shall be due and payable by the Guest to the Agency forthwith upon reservation of the Property.
4.2
For the avoidance of doubt, the Guest’s reservation will only be deemed to have been secured, and be binding on the Owner, once the Agency furnishes the Guest with written confirmation of the Guest’s reservation (“Confirmed Reservation”). Such written confirmation shall be provided to the Guest against:
1. 4.2.1
  
  acceptance of these Terms, by the Guest; and
2. 4.2.2
  
  upon receipt by the Agency of payment in full of the Accommodation Fee and the Breakages Fee as contemplated in clause 4.1 above.
4.3

Payment of the Accommodation Fee and the Breakage Fee shall be made by or on behalf of the Guest (i) via the Reservation Platform or (ii) by electronic fund transfer into the Agency’s nominated bank account, free of any deductions, withholding or set-off whatsoever, in the currency of the Republic of South Africa.
4.4

Within 2 Business Days of the reservation being confirmed, the Guest shall provide the Agency with valid credit or debit card details (“Card Authority”). The Guest hereby authorises the Agency to debit the card provided pursuant to the Card Authority for any of the following amounts that become due and payable in terms of these Terms: (i) any Cleaning Fees incurred due to the Guest requesting cleaning services during the Term of Stay, (ii) any charges for in-room inventory consumed or utilised during the Term of Stay, including consumables, beverages and snacks; and (iii) any other amounts owing by the Guest to the Agency or the Owner in terms of these Terms. The Agency shall notify the Guest in writing prior to processing any debit against the Card Authority (other than in respect of amounts already due and payable), and the Guest shall have no right of recourse against the Agency for amounts correctly debited in accordance with this clause.

5. CANCELLATION

5.1
Where the Guest requests a cancellation of any Confirmed Reservation the following reasonable cancellation fee (“Cancellation Fee”) will apply:
1. 5.1.1
  
  in respect of Confirmed Reservations cancelled more than 30 days prior to the Check-in Date, the Guest shall be liable to pay 30% of the Accommodation Fee; and
2. 5.1.2
  
  in respect of Confirmed Reservations cancelled 30 days or such fewer days prior to the Check-in Date, the Guest shall be liable to pay 50% of the Accommodation Fee.
5.2

The Agency shall be entitled to deduct the Cancellation Fee from any amounts paid by the Guest to the Agency/Owner (including the Breakages Fee) in terms of the respective Confirmed Reservation.
5.3
If the Guest requests a change in dates from the initial confirmed dates (being the Term of Stay), and such revised period is of a shorter duration than the Term of Stay, notwithstanding any indulgence granted by the Agency and/or the Owner to change the Term of Stay, the provisions of clause 5.1 shall apply mutatis mutandis to such portion of the Term of Stay cancelled. By way of example, if the Term of Stay per a Confirmed Reservation was 10 days and the Guest requests to reduce such Term of Stay to 8 days, the Guest shall remain liable for:
1. 5.3.1
  
  30% of the Accommodation Fee on account of the ‘cancelled’ 2 days if the request for change was made more than 30 days prior to the Check-in Date; or
2. 5.3.2
  
  50% of the Accommodation Fee on account of the ‘cancelled’ 2 days if the request for change was made 30 days or such fewer days prior to the Check-in Date.
5.4

Other than as recorded in this clause 5, refunds and waiver of cancellation policies are at the sole discretion of the Agency.
5.5

In the event that the Owner cancels these Terms for any reason other than breach by the Guest of these Terms, the Owner shall be liable to reimburse the Guest a pro rata portion of the Accommodation Fee for the portion of the Term of Stay cancelled by the Owner.
5.6

All refunds under this clause 5 shall be made by the Owner to the Guest within 20 Business Days of the Guest’s request for same, provided that where the Owner disputes the Guest’s entitlement thereto, such refunds shall only become due upon determination by a competent court or otherwise by agreement between the Guest and the Owner.
5.7

Notwithstanding anything to the contrary contained in these Terms, the Agency will be entitled to refuse the Guest access to the Property in the event that the Guest has failed for any reason to fulfil its obligations as per these Terms.

6. USAGE OF THE PROPERTY

6.1

The Guest shall use the Property only for the purpose of private short-term accommodation.
6.2

The Property shall be used for no other purpose whatsoever, without the Owner or the Agency’s prior written consent.

7. MAXIMUM NUMBER OF GUESTS

7.1

The maximum number of Affected Parties who are entitled to remain in the Property overnight, during the Term of Stay, shall be as indicated on the Reservation Platform.
7.2
The maximum number of Affected Parties entitled to visit the Property at one time shall be as specified on the Reservation Platform. The Agency may consent to a higher number but such request for consent must be made in writing to stay@revostay.co.za at least 1 day in advance. In the event of the Guest failing to request consent for whatever reason for any additional persons, the Agency will be entitled, at its election:
1. 7.2.1
  
  to cancel the Term of Stay and require that the Affected Parties cease access to and vacate the Property with immediate effect; or
2. 7.2.2
  
  require that the Guest pay an additional fee on account of such additional persons, which additional fee shall be equal to 75% of the daily accommodation rate for the Property per day during the Term of Stay.

8. THE GUEST’S RIGHTS AND OBLIGATIONS

8.1
During the Term of Stay, the Guest must:
1. 8.1.1
  
  at his own cost look after and maintain the Property, and ensure that the Property is kept clean and in good order and condition. Notwithstanding the aforementioned, should the Guest request cleaning services during the Term of Stay, such services shall be provided subject to availability and at the sole cost of the Guest. In this regard, the Guest agrees to pay the Cleaning Fee as specified by the Agency and/or the Owner at the time of the request. The Agency shall be entitled to debit the Cleaning Fee against the Card Authority provided pursuant to clause 4.4 above;
2. 8.1.2
  
  notify the Agency in writing within 12 hours after the Check-In Date of any defects in the Property, failing which the Guest shall be deemed to have acknowledged that the Property were received in good order and condition and the Guest shall have no claim against the Agency or the Owner for any defect subsequently therein;
3. 8.1.3
  
  repair or replace any broken, damaged or missing items within the Property belonging to the Owner and/or Agency, unless these items were recorded as being broken, damaged pursuant to the notice given in terms of clause 8.1.2;
4. 8.1.4
  
  take all reasonable steps to prevent any blockage and/or obstruction of any drains, sewage pipes and/or water pipes in or used in connection with the Property;
5. 8.1.5
  
  respect the rights of use and enjoyment of neighbours;
6. 8.1.6
  
  comply with all laws, regulations and rules relating to the Property and, in this regard, it is specifically recorded that if the Owner and/or Agency is fined or penalised because the Guest has breached any law, regulation or rules, the Owner and/or Agency shall be entitled to recover any costs associated with such breach from the Guest;
7. 8.1.7
  
  comply with all rules relating to the Property, including the house rules, which rules shall be made available to the Guest upon the Check-in Date at the Property;
8. 8.1.8
  
  ensure that the Property is occupied by no more than the number of Affected Parties as specified on the Reservation Platform;
9. 8.1.9
  
  ensure that all windows, doors, gates and/or garage doors are locked when the Property is left unattended and where the Property has a security alarm, the Guest must ensure it is fully activated.
10. 8.1.10
  
  return the Property at the end of the Term of Stay in the same order and condition in which it was received; and
11. 8.1.11
  
  return the keys to the Owner and/or Agency by latest on the Check-Out Date.
8.2
The Guest must not:
1. 8.2.1
  
  sublet or permit anyone else other than the Affected Parties to make use of, or part with possession of the Property or part thereof without the Agency’s prior written consent.
2. 8.2.2
  
  smoke or allow any other Affected Party to smoke inside the house or any building situated on Property;
3. 8.2.3
  
  allow any pets on the Property without the Agency’s prior written consent;
4. 8.2.4
  
  do anything or allow any other Affected Party to do anything which may constitute being a nuisance to the neighbours;
5. 8.2.5
  
  host any large social gatherings without the written consent of the Agency;
6. 8.2.6
  
  allow refuse to gather inside or outside the Property, except in rubbish bins;
7. 8.2.7
  
  deface the Property in any manner whatsoever, including driving nails or other objects into any portion of the Property; and
8. 8.2.8
  
  remove any items or furniture within the Property belonging to the Owner and/or Agency.

9. THE HOST/OWNER’S RIGHTS AND OBLIGATIONS

The Owner and/or the Agency (for and on behalf of the Owner) shall prepare the Property in accordance with the marketed description of the Property on the Reservation Platform.

10. VACATING THE PROPERTY

The Guest shall vacate the Property and return all keys and access devices to the Agency and/or Owner by no later than the Check-Out Date. In the event that the Guest fails to vacate the Property by the Check-Out Date (“Holdover”), the Guest shall be liable to pay the Agency and/or Owner a penalty equal to 150% of the daily accommodation rate for each day or part thereof that the Holdover continues (“Holdover Penalty”). The Holdover Penalty shall be in addition to, and without prejudice to, any other rights or remedies available to the Agency and/or Owner, including the right to claim damages, loss of income arising from subsequent bookings, and any legal costs incurred in recovering possession of the Property. The Agency shall be entitled to debit the Holdover Penalty against the Card Authority provided in terms of clause 4.4. The Guest acknowledges that nothing in this clause confers any right of continued occupation upon the Guest beyond the Check-Out Date, and the Guest’s presence at the Property following the Check-Out Date shall constitute an unlawful occupation of the Property.

11. BREAKAGES FEE

11.1
The Guest acknowledges and agrees that the Agency shall be entitled to deduct from the Breakages Fee:
1. 11.1.1
  
  any costs in repairing damage to the Property or to any furniture, appliances, cutlery or other property located within or on the Property (“Property Damage”), which Property Damage occurred during the Guest’s Term of Stay;
2. 11.1.2
  
  any professional cleaning or other services required to remove stains, dirt or odour, which stains, dirt or odour were occasioned during the Guest’s Term of Stay; and
3. 11.1.3
  
  any Cancellation Fee incurred by the Guest as contemplated herein.
11.2

Such deduction shall be in addition to any other rights of recourse that the Owner and/or Agency may have against the Guest, including but not limited to a damages claim.
11.3

The balance of the Breakages Fee (without interest) shall be refunded to the Guest within 14 days of the Check-Out Date or the date on which the Agency or the Owner (as the case may be) incurs the cost as stipulated above, whichever is later.
11.4

The Guest shall be liable for any fluctuations in exchange rates and shall have no right of recourse against the Agency in the event of the Guest receiving a lesser Breakages Fee than that given as a result of any such fluctuations in the exchange rate.

12. LIABILITY AND INDEMNITY

12.1
The Guest hereby acknowledges that:
1. 12.1.1
  
  the Property may contain inherent dangers and the Guest hereby agrees that such Property shall be used at the Guest’s own risk. The Guest further assumes all liability for any damage or loss suffered by any of the Affected Parties as a result of their stay and/or use of the Property;
2. 12.1.2
  
  he/she/it is responsible for the safety of all property owned, borrowed or rented by the Guest and the Affected Parties, including where applicable, vehicles, which property may be situated on the Property during his/her/its Term of Stay;
3. 12.1.3
  
  he/she/it is accountable to the Agency and the Owner for his/her/its own conduct and the conduct of the Affected Parties at the Property; and
4. 12.1.4
  
  without detracting from the generality of the aforegoing, he/she/it will be liable for his/her/its failure and/or the failure of the Affected Parties to properly secure the Property and/or for such parties doing or causing to be done anything on the Property which results in the repudiation of any insurance claim instituted by the Owner for loss resulting from fire, theft (or otherwise) under his/her/its household insurance policy or any other policy. In the circumstances, the Guest will be personally liable to the Owner for any loss or damage suffered by the Owner as a result of such repudiated claim.
12.2
The Indemnified Parties shall not in any way be liable to the Guest and/or any of the Affected Parties for any loss, damage, injury or death howsoever arising which the Guest and/or the Affected Parties may directly or indirectly sustain, or by reason of any damage to, loss or destruction of any property owned by or in the possession of the Guest and/or the Affected Parties, by reason of:
1. 12.2.1
  
  any latent or patent defects in the Property or building on or in which the Property is situated;
2. 12.2.2
  
  any safety hazard (including but not limited to pools located on the Property);
3. 12.2.3
  
  fire in the Property or building;
4. 12.2.4
  
  theft from the Property;
5. 12.2.5
  
  the Property or building or any part thereof being in a defective condition or state of disrepair or any particular repair not being effected by the Owner timeously or at all;
6. 12.2.6
  
  the functioning or malfunctioning of the air-conditioning (if any) serving the Property;
7. 12.2.7
  
  any costs incurred by the Guest in procuring alternative accommodation in the event that the Guest is required to vacate and/or cease use and enjoyment of the Property prior to expiry of the Term of Stay as a consequence of the Guest’s breach of these Terms; and/or
8. 12.2.8
  
  any other reason arising or in connection with such persons stay at the Property,
and the Guest hereby indemnifies the Indemnified Parties against any claims made against any of the Indemnified Parties in connection with the foregoing and agrees to pay the costs, on an attorney and own client scale, incurred by the Indemnified Parties in defending such claims.

13. FORCE MAJEURE

Neither Party shall be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by a “Force Majeure Event”, being any event beyond the reasonable control of the affected Party, including acts of God, natural disasters, pandemic or epidemic (including any government-imposed restriction arising therefrom), fire, flood, war, civil unrest, or any government regulation or intervention, provided that the affected Party: (i) promptly notifies the other Parties in writing upon becoming aware of the Force Majeure Event and its anticipated duration and (ii) uses reasonable endeavours to mitigate the effects thereof.

14. NOTICES AND DOMICILIA

14.1

Each of the Parties chooses the physical and e-mail addresses as provided by such Party on the Reservation Platform as their respective domicilium citandi et executandi (“domicilium”) for all purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature (“notice”).
14.2

Any Party may, by delivery of written notice to the other Parties, change the physical address chosen as its domicilium to another physical address in the Republic of South Africa which is not a post office box or poste restante or change its email address, provided that the change shall be effective on the 10th Business Day from the deemed receipt of the notice by the other Parties.
14.3
Any notice given to a Party shall be delivered by hand or communicated by e-mail. A notice shall be deemed to have been duly given:
1. 14.3.1
  
  on delivery, if delivered to the Party's physical address before 17:00 on a Business Day, or, if delivered on a Business Day but after 17:00 on that Business Day, or on any day other than a Business Day, it will be deemed to have been given at 08:30 on the first Business Day after it was delivered;
2. 14.3.2
  
  on dispatch, if sent to the Party’s email address before 17:00 on a Business Day, or, if sent on a Business Day but after 17:00 on that Business Day, or on any day other than a Business Day, it will be deemed to have been given at 08:30 on the first Business Day after it was sent.
14.4

Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.

15. POPIA

The Guest consent to the Owner and the Agency accessing, storing, screening or processing its personal information, as defined in the Protection of Personal Information Act, No 4 of 2013 (“POPIA”), which the Owner and/or the Agency reasonably require. In this regard, the Owner and the Agency undertake to comply with the provisions of POPIA at all times.

16. GENERAL

16.1

No variation of, addition to, consensual cancellation of or waiver of provision, term or any right arising in terms of these Terms shall be of any force or effect unless it is reduced to writing and signed by a duly authorized representative of each of the Parties and “signed” shall, for this purpose, exclude any form of electronic signature.
16.2

Should any clause in these Terms become illegal, invalid or unenforceable in any respect the remaining clauses will not be affected or impaired thereby.
16.3

These Terms shall be governed by, and construed in accordance with, the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto shall be determined in accordance with such laws.
16.4

In the event of any dispute arising out of or in connection with these Terms, the Parties shall first endeavour to resolve such dispute by good faith negotiation within 10 Business Days of written notice of the dispute by the aggrieved Party to the other Parties (“Dispute Notice”). If the dispute remains unresolved within 10 Business Days of the Dispute Notice (or such longer period as the Parties may agree in writing), any Party may refer the dispute to mediation administered by the Arbitration Foundation of Southern Africa (“AFSA”) before instituting legal proceedings. Nothing in this clause shall prevent any Party from seeking urgent relief from a court of competent jurisdiction.
16.5

The Guest consents to the jurisdiction of the Magistrate’s Court irrespective of the amount in dispute but such consent does not preclude the Agency or the Owner from deciding to institute action in a High Court with jurisdiction. In the event that the Agency should take legal action against the Affected Parties, the Affected Parties agree to pay the Agency’s legal costs on an attorney and own-client scale as well as tracing the Agency’s charges and collection fees.
16.6

The Guest may not cede or assign or otherwise make over or dispose of any of the Guest’s rights or obligations in terms of these Terms without the Agency’s prior written consent.
16.7

Any indulgence, leniency or extension of time which the Agency may grant to the Affected Parties shall not, in any way, prejudice the Agency or preclude the Agency from exercising any of the Agency’s rights in the future.

17. ACCEPTANCE OF TERMS

The Guest, by his/her/its acceptance of these Terms confirms that he/she/it has read and fully understood the terms and conditions as set out in the provisions above and the implications thereof, and acknowledges that he/she/it is bound thereby without reservation.

Reservation Agreement Terms.