DIRECT STAY SA — TERMS AND CONDITIONS

Welcome to Direct Stay SA. By accessing our platform, booking a stay as a Guest, or listing a property as a Host, you agree to be bound by these Terms and Conditions. Please read them carefully.

PART A: GENERAL TERMS (APPLICABLE TO ALL USERS)

1. About Direct Stay SA & The "Activated Happiness" Model

Direct Stay SA is a direct-to-host accommodation booking engine designed to empower local South African tourism. We charge a transparent, flat 5% platform commission, ensuring that 95% of guest payments go directly to the property host. We are a technology and marketplace platform connecting Guests and Hosts; we do not own, manage, or control listed properties.

2. User Accounts & Eligibility

• You must be at least 18 years of age and possess the legal authority to enter into binding contracts.
• You agree to provide accurate, current, and complete information during registration and checkout, including valid South African contact numbers for instant communications.

3. Intellectual Property

All content, design language, trademarks, logos, and software associated with the "Activated Happiness" (AH) brand are the exclusive property of Direct Stay SA. Unauthorized reproduction or scraping is strictly prohibited.

PART B: GUEST TERMS & CONDITIONS

1. Booking, Payments & Transparent Pricing

• No Hidden Fees: The nightly rate displayed on Direct Stay SA includes our flat 5% platform fee. No unexpected guest service markups or hidden processing fees are added at checkout.
• Instant Payments via Ozow & Capitec Pay: Bookings are processed securely via Ozow and Capitec Pay. Funds are held in escrow/cleared in accordance with our secure gateway protocols.
• 10-Minute Hold Window: When you initiate checkout, your dates are peacefully held in a temporary reservation lock for 10 minutes. If payment is not finalized within this window, the dates are automatically released back to availability.

2. Cancellation & Refund Policy

• Standard Cancellation: Guests may cancel free of charge up to 14 days prior to check-in, unless a specific property listing states a stricter non-refundable policy during peak holiday periods (e.g., December school holidays).
• Force Majeure: Direct Stay SA is not liable for changes or cancellations caused by events beyond reasonable control (e.g., severe weather in Mpumalanga or the Western Cape, national load shedding affecting municipal services, or civil disruption).

3. Guest Conduct & Property Care

• Guests agree to treat the host property with utmost respect, adhere to maximum occupancy limits, observe quiet hours, and comply with all local municipal bylaws and estate/condo rules.
• Smoking & Pets: Smoking indoors and unauthorized pets are strictly prohibited unless explicitly permitted in the specific room listing.

PART C: HOST TERMS & CONDITIONS

1. Host Payouts (The 95% Guarantee)

• Direct Stay SA guarantees a 95% direct host payout on all confirmed, completed bookings, retaining only a transparent 5% platform commission.
• Payouts are reconciled via our automated host ledger and disbursed to the host's designated South African bank account in accordance with our payout schedule.

2. Inventory Accuracy & Channel Synchronization

• Hosts warrant that all property details, photos, and nightly rates published are accurate.
• Through our automated Channex integration, hosts agree to maintain synchronized calendars. Double-bookings resulting from unmanaged external OTA calendars (such as un-synced Airbnb or Booking.com accounts) may result in platform penalties or listing suspension.

PART D: DAMAGE POLICY & RECOVERY CLAUSE

(Crucial Protection for Hosts)

1. General Wear and Tear vs. Intentional Damage

• Hosts acknowledge that minor wear and tear is normal. However, Guests are fully responsible for any loss, breakage, or damage caused to the property, its furnishings, or amenities during their stay (excluding normal wear and tear).

2. Proven Intended Damages & Credit Card Charge Authorization

MANDATORY HOST PROTECTION CLAUSE:

By booking through Direct Stay SA, the Guest expressly authorizes the platform and its payment processors to charge the Guest's provided credit card, debit card, or payment method on file for the full repair, replacement, or professional cleaning costs associated with any proven, intended, malicious, or gross-negligence damages caused to the Host's property during their stay.

3. Dispute & Evidence Procedure

• Reporting Window: The Host must report damages, accompanied by time-stamped photographic/video evidence and itemized repair/replacement quotes, to Direct Stay SA within 48 hours of the Guest's check-out.
• Investigation: Direct Stay SA will review the evidence provided by the Host and give the Guest a 48-hour window to respond.
• Final Determination: If Direct Stay SA determines, acting reasonably and in good faith, that the damage was proven and intentional/grossly negligent, the platform reserves the immediate right to execute the card charge against the Guest. The Guest waives any right to dispute charges verified under this damage policy.

PART E: LIABILITY, GOVERNING LAW & DISPUTES

1. Limitation of Liability

Direct Stay SA (and the "Activated Happiness" brand) shall not be held liable for any indirect, incidental, special, or consequential damages arising out of or in connection with a stay, including personal injury, loss of property, or travel delays.

2. Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of South Africa.