GUEST TERMS AND CONDITIONS

General

The Company

The company name: YouStay (Pty ) Ltd

The Company’s Contact Details

Email: host@Youstay.ca.za
Number: +27 861176222
Address: 43 Regent Street, Cape Town, South Africa, 8001

ACCEPTANCE OF THIS AGREEMENT BY YOU

This agreement is binding and applicable to all persons who access this website (or any part thereof), as well as to any persons using YouStay’s services (which are outlined below). Please note that you may make use of YouStay’s services and websites, as long as it is subject to the terms and conditions that are outlined and stipulated in this document.

By using YouStay’s website or services you will be deemed to have agreed to be bound by this agreement. If you do not understand or agree to be bound by this agreement, you must exit this website right away and refrain from using YouStay’s websites or services, as further use will bind you to this agreement.

Overall Acceptance Of This Agreement

Through your acceptance of this agreement, you are also accepting it on behalf of all travellers included in or affected by your bookings made through YouStay’s website or services and will be representing that you have the authority to do so.

The Entire Agreement

The entire agreement between you and YouStay is constituted through this website and as such overrides any and all prior policies, promises, agreements, representations, and/or understanding, in all cases and instances. If any part of this user agreement is found to be unlawful, invalid or unenforceable by any court of competent jurisdiction, such part shall to that extent be severable from the remaining terms. Remaining terms of this agreement shall continue to be applicable and enforced accordingly.

Variations Of This Agreement

The right is reserved by YouStay, in its own authority, to at any time vary this agreement or any part thereof without prior notice or need for justification. Any such changes will be reflected on this page and as such you are urged to review this agreement at the onset of each session. You will be considered to have accepted any changes (which shall come into effect once reflected on this website) if you continue to use YouStay’s websites or services after they have been posted.

Failure To Exercise Or Enforce

YouStay possesses the right to relinquish, assign or otherwise hand over its obligations and rights in terms of this user agreement to any third party. In the event that YouStay should fail to exercise or enforce any right or provision of this agreement, it shall not constitute a waiver of such right or provision.

Jurisdiction

South Africa’s laws govern this agreement. You hereby agree that any cause of action that may arise under this user agreement shall then be commenced and heard or tried in the appropriate court in South Africa.

Liability Of Legal Costs

In the event that you seek legal advice or guidance regarding this user agreement, YouStay shall not be liable for any costs incurred by you in obtaining this professional advice.

Booking Terms

Services By YouStay

YouStay runs other self-service websites that are similar to this website, open to use by the general public under the terms outlined in this agreement. YouStay is a travel agency that allows persons to book travel services and, where applicable, additional services, from various third-party suppliers.

Booking Is Directly With Third-party Supplier

When you make a reservation using YouStay’s Website or services, this will be booked for you with a third-party supplier, also referred to as “Supplier.” YouStay acts as an agent of the Supplier, undertaking to render the agreed to travel service to you. Although YouStay will attempt to assist, any right of recourse on your behalf as it pertains to the supplied travel service will be with the Supplier directly.

Prices, Rates & Quotes

Rates displayed anywhere on this website, other than a quotation, serve as guidelines only. All rates published on this website are subject to change without notice. Quotations are subject to the availability of the Supplier Only. Quotations offered directly through the website constitute legal offers. Despite YouStay’s best intentions, pricing errors occur on occasion. In these instances, YouStay will proceed to reprice accordingly, even if the amount forms part of a quotation or has already been paid for.

Assess Your Booking

Defining and providing the correct information during the booking process is entirely your responsibility alone. It is also your sole responsibility to assess the suitability of any travel service before placing a booking. YouStay may engage you via various communication channels and can even use the website on your behalf; however, it is still your responsibility to make the final assessment of suitability and check the accuracy of all information before confirming a booking.

Your Responsibilities

You are deemed to understand and accept the responsibilities of using a self-service booking website such as that operated by YouStay. These responsibilities include, but are not limited to, the below points as well as useful considerations that follow:
• The proper assessment and selection of the correct Supplier with your required characteristics
• Ensuring that all details have accurately been supplied and captured in the booking
• Ensuring that all the proper, updated travel documentation and permissions have been obtained before completing your booking
• Confirming the eligibility of all travellers, including age, health, financial status or other relevant factors, as well as consider the list of vaccinations or medication recommended for those travelling to your destination
• Consider any other factors which could influence your ability to take-up or enjoy your booking.

Example, where the following documents are required, it is your sole responsibility to ensuring that the relevant travellers have them on hand: valid identification, valid passport(s), valid visa(s), valid birth certificate(s) and any other documents which may be required during your travels. Furthermore, YouStay urges you seek out insurance products to protect you from the risks associated with your booking and with travel, none of which are guarded against by YouStay. Associated risks include illness, cancellation, and injury, damage to your baggage or theft, where certain insurance products ensure you are prepared.

Accepting Instruction

Booking instruction relating to a booking, from any party with access to the contact details used for the booking, or with substantial knowledge of the booking (such as the reference number), may be accepted by YouStay.

Supplier Terms & Conditions

Apply It is your sole responsibility to acquaint yourself with the Terms and Conditions of the Supplier before completing a reservation. Each Supplier will have unique Terms and Conditions, which will apply to your booking.

Unavailable Bookings

YouStay will endeavour to find you a suitable alternative in instances where you have already made payment for a booking and a Supplier no longer has your selected service (room/date/seat/flight) available. If finding a suitable alternative does not work out, YouStay will fully refund you.

Travel Delays And Re-scheduling

It is your responsibility to check for itinerary changes ahead of travel. On occasion, flights can be re-scheduled or delayed for various reasons, and YouStay will not be held liable for any such changes. Any additional costs including, but not limited to accommodation charges or alternate travel arrangements, will be incurred by you.

Cancellation Policy

The following cancellation policies will apply to any bookings made through YouStay. You understand and accept these cancellation policies when using a self-service booking website such as that operated by YouStay.

All charges relating to bookings are non-refundable unless otherwise stated during the booking process. In cases where a different cancellation policy applies, that policy will be included in your booking and be shown to you during the reservation process. Where no cancellation policy is shown, please assume a non-refundable booking or contact us to confirm. In the event that you are not entitled to a refund, or if the funds cannot be recovered from the Supplier, YouStay shall not be obliged to make any payments to you. Once a written instruction from you is received by YouStay to cancel a reservation, any amount owed to you by the Supplier, in terms of its cancellation policy, will then be paid to YouStay. Following this, YouStay shall on-pay the received refund to you within 7 days of our receipt of the funds. The funds (less any applicable fees) shall then be deposited into your banking details.

Dissatisfaction

You are urged to contact YouStay immediately if you find yourself at all dissatisfied with your booking. If your dissatisfaction emerges during the course of your travel and you call YouStay immediately, we can attempt to rectify the situation for the rest of your travel wherever possible. If you contact us after your travel, please do so within a week of your checkout. We cannot guarantee that we will be able to resolve your experience to your satisfaction.

Payment Options Via Credit Card

Among the other forms of payment accepted by YouStay, payment may be made via MasterCard or Visa credit cards. The merchant outlet country is South Africa, at the time of presenting payment options to the cardholder, and transaction currency is South African Rand (ZAR). The primary actions and measures taken by YouStay to ensure that payments made with a credit card are secure are as follows:
• No complete credit card details are stored by YouStay on our system. All credit card details are forwarded for authorisation of transaction to PayFast (Pty).
• Credit card transactions for YouStay will be acquired via PayFast (Pty) Ltd.
• Strict encryption is used by YouStay and PayFast (Pty) Ltd. YouStay ensures that no credit card details get se

Website Use

Permitted Use Of This Website

You may only access and browse this website for legitimate personal and noncommercial purposes and may not use this website for:
• Harmful or illegal purposes; or
• Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, damaging or infringing to any person; or
• The storage, sending or creation of unsolicited commercial communications.

Names, email addresses, telephone and fax numbers published on this website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this website may be used to communicate unsolicited communications to YouStay and all rights detailed 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 breach of this user agreement, YouStay reserves the right to claim damages and/or institute criminal proceedings against you.

Secure Login And Passwords

You hereby undertake to keep secure any and all passwords that are required for your access to, or use of, the website. You are legally bound by any action performed on this website by any person with access to your account. You hereby indemnify YouStay for any damage, loss or liability of whatsoever nature arising from unauthorised access to this website.

Accuracy Of Your Information

You hereby confirm that all the information that you supply to YouStay is correct and continuously updated, including, but not limited to, your name and email address. YouStay is not liable for any damage or loss of whatsoever nature arising from any misrepresentation by you, or incorrectness of information by you. In the event that you fail to keep your information current and updated, we reserve the right to suspend or remove your account as we see fit.

Software And Equipment

The responsibility and expenses are yours when it comes to acquiring and maintaining the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and this website and/or to download content from this website. Hyperlinks On This Website YouStay is not responsible for the content, availability, products and/or services of any other website from which you have accessed this website or to which you may hyperlink from this website.Such a hyperlink does not signify that YouStay has reviewed or approved of the third party’s website or its contents, products or services, nor does it imply a recommendation, endorsement, support or association by YouStay of the content, products and/or services of such websites.Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to this website. You may not frame this website in any manner whatsoever, without the prior written permission of YouStay.

Accuracy Of Accommodation Content On This Website

Reasonable care is undertaken by YouStay when dealing with third-parties, in order to ensure that the information provided by third-parties on this website is accurate and up to date. We do not perform site inspections of the accommodation establishments; however, accommodation establishments listed on this website legally commit to providing us with accurate and up to date information. We accordingly make no warranties concerning the accuracy or completeness of the information supplied by the accommodation establishments listed on this website or of information supplied by users of this website.If you should come across any inaccurate, untrue, defamatory, illegal, infringing and/or harmful content available on this website, you are encouraged to inform YouStay and we shall use reasonable endeavours to correct and/or remove such content, or any part thereof, if you provide reasonable grounds to prove the alleged nature of such content. Although every effort is made to ensure that all information on the site is updated and correct, YouStay shall not be liable for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to YouStay through this website.

Access To The Website

YouStay reserves the right to restrict, suspend or terminate your access to this website at any time if YouStay is of the view that you have breached these conditions of use in any way whatsoever. Any such restriction, suspension or termination will be without prejudice to any rights which YouStay may have against you in respect of such breach.YouStay does not provide any warranties or make any representations that this website shall be available at any specific time. YouStay has the right to remove this website as a whole, or any sections or features of this website, at any time without notice.

Intellectual Property Rights

This website and all text, images, logos, trademarks, trade names, and other content contained herein, including, without limitation, the YouStay logo and all designs, text, graphics, pictures, downloads, information, data, software, sound, video and other files, domain names, web pages, patents, source code, meta tags, databases, hyperlinks, content and the selection and arrangement thereof are the proprietary property of YouStay or its licensors or users and are protected from infringement by South African and international copyright laws and treaties, except where indicated otherwise.These may not be reproduced or appropriated in any manner without the prior written permission of YouStay (or the other respective owners, if applicable). This website and all its content and rights to it are reserved under the name of YouStay.You may view, download and/or print such parts of this website as you may reasonably require for your own private and noncommercial use only – unless expressly prohibited by a notice published on any page of this website and provided that any copy has attached to it any relevant proprietary notices and/or disclaimers and the content of this website is not reproduced, modified, adapted or processed in any manner whatsoever. Except for the above, all other use of this website and its contents is prohibited, and without limiting the generality of the aforegoing, no person shall be entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, use or exploit for commercial or non-private purposes or create derivative works of such content without YouStay’s prior written consent.You may not use logos, icons or trademarks from this website as hyperlinks or for any other purpose without YouStay’s prior written consent. You are not allowed to amend, copy, use, decompile and/or reverse engineer the source code of this website.This website contains material which is owned by or licensed to YouStay.You may not copy, replicate or use such information, other than as agreed to between us and/or the right holder, or to the extent that such use is incidental to your use of the website. This material includes, but is not limited to, the design, layout, look, appearance and graphics, and may be subject to copyright and/or other design or intellectual property rights.

Interruptions Of Service

While we undertake to maintain our reservation service and the technology supporting it, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions, or that the service will be uninterrupted and error-free. You are encouraged to report any possible malfunctions and errors to YouStay; however, we shall not be liable for any damage, loss or liability of whatsoever nature arising from any defects that may be found or may occur from time to time. YouStay shall not be liable for any direct/indirect loss or damage suffered whatsoever as a result of “hacking” of this website, planned or unplanned outages or the actions of service providers, including relevant hosting and equipment providers. You hereby indemnify and hold YouStay harmless in respect of any claim arising from any “hacking” or other outages of service.

Security

While YouStay takes reasonable steps to secure the content of this website, as well as information collected from you, from unauthorised access and/or disclosure, YouStay does not make any warranties or representations that the content of this website shall be entirely safe or secure. It is our recommendation that you install anti-virus software before downloading any material from this website, and also ensure that such software is compatible with your equipment and regularly updated.In the event that you deliver or attempt to deliver any damaging code such as viruses, robots or spyware, to this website, whether on purpose or negligently, you indemnify and hold YouStay harmless, without limitation, against any and all losses, liabilities and damages which YouStay may suffer as a result of such delivery, attempt or damaging code. You may not develop, distribute or use any device or programme designed to breach or overcome the security measures of any restricted pages, products and services on this website. YouStay reserves the right to claim damages from any persons who are directly or indirectly involved in the development, use and distribution of such devices or programmes.If you commit any of the offences set out in sections 85 to 88 of the ECT Act, you shall, notwithstanding any criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by YouStay due to or related to such offences.

No Warranty

This website is supplied on an “as is” basis, without any warranty of any kind, express or implied, as to the operation of this website, the accuracy of the information or the products or services referred to on this website and has not been

Privacy Policy

Applicability

We are required to collect specific information about you, to provide you with the services you request when you register on YouStay website. This information may include, but is not limited to, your full name, date of birth, passport number or ID number, contact telephone numbers, email address, business or home address, reason for accessing site, intended usage of information requested, employer/affiliated organisation and voluntary reviews of suppliers. Any personal information will either be provided voluntarily by you or be collected electronically by using cookies.

Personal Information Collected

We are required to collect specific information about you, to provide you with the services you request when you register on YouStay website. This information may include, but is not limited to, your full name, date of birth, passport number or ID number, contact telephone numbers, email address, business or home address, reason for accessing site, intended usage of information requested, employer/affiliated organisation and voluntary reviews of suppliers. Any personal information will either be provided voluntarily by you or be collected electronically by using cookies.

Newsletter And Communication Opt-out

To unsubscribe from our newsletter, simply click on the unsubscribe link at the bottom of all our email communications to be automatically removed from the list. If you wish to have your information removed from our active databases for any reason, please contact us to initiate this process.

Reviewing Suppliers

After their travel experience, YouStay may ask customers to voluntarily review suppliers. By uploading, submitting or otherwise making available or contributing any content in a customer review on YouStay website, you grant YouStay an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid up, license to use, make, have made, reproduce, display, perform, publish, upload, post, modify, create derivative works from, transmit, distribute, sell, offer for sale and sublicense or otherwise transfer those materials or information or their modifications. You grant YouStay permission to authorise third parties to do any, some or all of the foregoing including, sub-licensing others to do any some or all of the foregoing indefinitely. You warrant that you have sufficient rights in those materials or information to grant these rights and license, as well as choose to surrender any attribution rights to the content you submit. By uploading, submitting or otherwise making available or contributing any content in a customer review on YouStay website, you grant YouStay the right to display your full name, country of origin in close proximity to the whole and part or derivation of your submitted review content anywhere on YouStay website.

Dispersal Of Information To Third Parties

Subject to the remaining provisions within this policy, YouStay will not share your personal information with any other third parties without your permission, unless required by subpoena or applicable law enforcement or law regulation. The Electronic Communications and Transactions Act, 25 of 2002 also protects your data, in addition to the policies and processes that we follow to safeguard your data. YouStay does not sell, rent, lease or disperse any information supplied by you to any third parties, other than in instances such as the following: If you make a booking at a Supplier, we will pass onto the Supplier all information necessary for processing of the booking. This information may include, but is not limited to, your first name and last name, contact details, email address and/or phone number, your country of origin and your passport number or ID number. In some cases, personal information given to YouStay may be transferred across country borders for data consolidation purposes and storage and simplified customer information management. Some countries to which your personal information may be transmitted may provide different protocols or protection for your data than South Africa. Furthermore, YouStay shall be entitled to disclose such information to its subsidiaries and affiliates and those suppliers engaged by YouStay to process data on its behalf. YouStay could merge with or be acquired by another business entity or organisation, in which case YouStay shall be entitled to share with the merging or acquiring entity some or all of your personal information (who shall not be allowed to use such personal information for any purposes other than as contemplated in this policy). YouStay shall not be liable for any damage, loss or liability of whatsoever nature arising from any unintentional misuse of any information supplied to such merging or acquiring entity.

Security Of Personal Information

Reasonable precautions shall be taken by YouStay to protect your personal information. In the unlikely event that the security of your personal information in our possession becomes compromised, you will be notified of this as soon as the circumstances allow.

Non-identifiable And Statistical Information

YouStay retains and owns all the rights to the statistical information of a non-personal nature that has been collected and compiled by YouStay.

Customer Tracking

In order to provide a better service for our customers, YouStay reserves the right to:
• Track and analyse your movements through this website through the use of 3rd party tools including but not limited to “Google Analytics”, and collaborate with 3rd party tracking services including but not limited to “Google Adwords.”
• Collect IP information available to us when you enter YouStay website. We may collect information that includes your IP address, domain name address, your type of web-browsing software, the kind of operating system that you use and the URL of the webpage from which you came to visit this website. This information is used by YouStay to improve or maintain the user’s experience, and for general statistical purposes.
• Utilise cookies (and related technologies): Cookies are small pieces of data stored on your local computer by your web-browser. When you visit YouStay, we will provide your computer with a cookie to store, allowing us to identify you on occasions when you next arrive on this website. By doing so, we can better tailor your browsing experience. Some features of YouStay website may not work correctly if you disable cookies. In some circumstances, 3rd party services employed by the website, such as those provided by Google Ads, may also use cookies to track you onto YouStay in order to improve user experience or advertising performance. Any collaboration with a 3rd party is done in good faith that your privacy will be adequately protected.

Access, Accuracy And Amendments To Data

Reasonable endeavours shall be implemented by YouStay, in order to keep all your personal information accurate and available to you. You will have the opportunity to correct any inaccuracies, and we will use reasonable endeavours to ensure that all inaccurate or incomplete information is corrected as soon as possible. Reasonable steps will be taken to verify your identity before granting you access to your information. If you would like your personal information to be deleted from our records, this will be done as soon as reasonably possible, once receiving your notification expressing your request.

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