PrimeStays Terms and Conditions

Effective Date: 1 September 2026

These Terms and Conditions ("Terms") govern the use of the PrimeStays website, the booking of accommodation through PrimeStays, and stays at properties advertised on the PrimeStays platform.

By making a booking through PrimeStays, you confirm that you have read, understood and agreed to these Terms and the applicable property-specific rules.

PrimeStays operates in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"), and the Protection of Personal Information Act 4 of 2013 ("POPIA"), where applicable.

Where any provision of these Terms conflicts with a mandatory provision of applicable law, the applicable law will prevail.

1. Definitions

For purposes of these Terms:

"PrimeStays", "we", "us" or "our" means PrimeStays and/or the applicable accommodation provider operating a property listed on the PrimeStays website.

"Guest", "you" or "your" means the person making a booking and any person staying at or visiting the Property under that booking.

"Property" means the accommodation advertised and booked through PrimeStays.

"Booking" or "Reservation" means a confirmed reservation for accommodation at a Property.

"Booking Amount" means the total amount payable for the Reservation, including the accommodation rate and any applicable fees disclosed during the booking process.

"Check-in Date" means the date on which the Guest is scheduled to commence occupying the Property.

"House Rules" means the rules and requirements applicable to a particular Property, as communicated to the Guest before or after booking.

2. Acceptance of Terms

By accessing the PrimeStays website, submitting a booking request, making payment, or occupying a Property, you agree to be bound by these Terms.

If you are making a booking on behalf of other persons, you confirm that you have authority to accept these Terms on their behalf and that all members of your party will comply with them.

The person making the booking remains responsible for the conduct of all members of the booking party and any visitors permitted onto the Property.

Guests must be at least 18 years old to make a booking unless otherwise expressly agreed by PrimeStays.

3. Bookings and Confirmation

A booking is only confirmed once:

1. the booking has been accepted by PrimeStays or the applicable accommodation provider; and
2. the required payment has been successfully received.

An enquiry, booking request or payment authorisation does not necessarily constitute a confirmed Reservation until confirmation has been issued.

The Guest is responsible for checking the booking confirmation and ensuring that the following information is correct:

• Property;
• check-in date;
• check-out date;
• number of guests;
• number of vehicles, where applicable;
• total price;
• applicable House Rules; and
• any additional requirements disclosed during booking.

Any errors should be reported to PrimeStays as soon as possible.

4. Prices and Payment

The total price payable for a booking will be displayed to the Guest before the booking is confirmed.

Unless otherwise stated, the booking price includes only the services specifically described in the Property listing.

Additional charges may apply where disclosed in advance, including:

• refundable security deposits;
• additional cleaning;
• additional guests;
• additional services;
• damages or breakages;
• excessive cleaning;
• lost keys, access devices or remotes; and
• other charges specifically disclosed in the listing or House Rules.

Bookings may be cancelled by PrimeStays where payment is unsuccessful, reversed, fraudulent or otherwise not received.

5. Cancellation Policy

PrimeStays operates a strict cancellation policy.

5.1 Guest cancellations

Unless a different cancellation policy is expressly displayed for a particular Property:

A Guest may cancel a booking and receive a refund only where the cancellation is made at least 14 days before the scheduled Check-in Date.

Where the cancellation is made less than 14 days before Check-in, the booking will ordinarily be non-refundable.

No refund will ordinarily be provided for:

• change of personal plans;
• change of travel arrangements;
• change of employment or work commitments;
• transportation problems;
• incorrect travel dates selected by the Guest;
• choosing to leave early;
• dissatisfaction with matters that were clearly disclosed in the Property listing;
• weather conditions affecting the Guest's travel plans; or
• failure to arrive at the Property.

The above is subject to any rights the Guest may have under applicable South African law.

5.2 Reasonableness of cancellation charges

PrimeStays reserves the right to apply the cancellation charge described above to compensate for the loss and administrative costs associated with holding accommodation for a Guest and the difficulty of re-selling accommodation close to the Check-in Date.

Nothing in this policy is intended to exclude any statutory right that cannot lawfully be excluded under the CPA or other applicable legislation.

Where applicable law requires a cancellation charge to be assessed as reasonable in the circumstances, PrimeStays will comply with that requirement.

5.3 Cancellation due to death or hospitalisation

Where applicable law provides a specific right to cancel without a cancellation fee, including circumstances involving the death or hospitalisation of the person for whom the booking was made, PrimeStays will comply with the applicable statutory requirements.

Reasonable supporting documentation may be requested where legally permissible.

6. Booking Amendments and Date Changes

Requests to change the dates of a confirmed booking are not automatically permitted.

Any amendment is subject to:

• availability;
• the applicable rates for the new dates;
• the Property's cancellation policy;
• operational considerations; and
• PrimeStays' approval.

A request to change dates should not be treated as approved until PrimeStays has confirmed the change in writing.

Moving a booking to another date may be treated as a cancellation of the original booking and creation of a new booking where appropriate.

7. PrimeStays Cancellation

PrimeStays will make reasonable efforts to honour confirmed bookings.

In exceptional circumstances, however, PrimeStays may need to cancel a Reservation, including where:

• the Property becomes unavailable;
• the Property becomes unsafe or uninhabitable;
• a serious maintenance issue occurs;
• the Property is affected by a natural disaster;
• required utilities or essential services cannot reasonably be restored;
• the Property suffers significant damage;
• a regulatory, municipal or legal requirement prevents the stay;
• circumstances outside PrimeStays' reasonable control make the booking impossible; or
• circumstances arise that create a significant health or safety risk.

Where PrimeStays cancels a booking before the Guest's arrival for reasons attributable to PrimeStays, the Guest will ordinarily be entitled to a refund of amounts paid for the affected accommodation.

Where reasonably possible, PrimeStays may instead offer alternative accommodation or alternative dates, subject to the Guest's agreement.

8. Property Condition and Material Defects

PrimeStays aims to ensure that Properties are clean, safe, functional and substantially consistent with their descriptions.

Minor defects, cosmetic imperfections, ordinary wear and tear, or temporary inconveniences that do not materially affect the Guest's ability to use the Property will not automatically entitle the Guest to a refund.

Examples may include:

• minor cosmetic damage;
• ordinary wear and tear;
• non-essential appliances or amenities being temporarily unavailable;
• minor maintenance issues;
• temporary internet interruptions; or
• other issues that do not materially affect the use or habitability of the Property.

8.1 Serious or material defects

Where a Property has a serious defect that materially affects the Guest's ability to use or occupy the Property, the Guest must notify PrimeStays as soon as reasonably possible, preferably immediately after discovering the issue.

PrimeStays will have a reasonable opportunity to investigate and, where reasonably possible, remedy the issue.

Depending on the circumstances, PrimeStays may:

• repair the issue;
• provide an alternative solution;
• relocate the Guest;
• provide a partial refund; or
• provide a full refund where the Property is materially unsuitable or uninhabitable.

The appropriate remedy will depend on the severity, duration and circumstances of the problem.

9. Electricity, Water and Other Utilities

Guests acknowledge that certain Properties may be affected by circumstances outside PrimeStays' reasonable control, including interruptions to:

• electricity;
• municipal water;
• internet;
• gas;
• telecommunications;
• municipal services; or
• other utilities.

Where an interruption occurs because of circumstances outside PrimeStays' reasonable control, PrimeStays will make reasonable efforts to restore or mitigate the service where possible.

Examples include:

• municipal electricity outages;
• load shedding;
• municipal water interruptions;
• infrastructure failures;
• utility provider failures;
• emergency repairs;
• storms;
• floods;
• fires;
• natural disasters; or
• other events outside PrimeStays' reasonable control.

Where a prolonged or severe interruption materially affects the Guest's ability to occupy the Property, PrimeStays may, depending on the circumstances, provide an appropriate remedy including a partial refund, alternative accommodation or full refund for the affected portion of the stay.

A temporary utility interruption does not automatically entitle a Guest to a full refund.

10. Force Majeure

PrimeStays will not be responsible for failure or delay in performing its obligations where the failure or delay results from circumstances beyond its reasonable control.

Such circumstances may include:

• natural disasters;
• floods;
• fires;
• severe storms;
• earthquakes;
• civil unrest;
• war;
• terrorism;
• government action;
• municipal restrictions;
• infrastructure failure;
• prolonged utility failures;
• epidemics or pandemics;
• strikes;
• labour disruptions;
• major telecommunications failures;
• acts of third parties; or
• other circumstances that could not reasonably have been prevented or avoided.

Where a force majeure event materially affects a Reservation, PrimeStays will communicate with the Guest and determine an appropriate remedy based on the circumstances and applicable law.

11. Check-in and Check-out

Guests must comply with the check-in and check-out times specified for the Property.

Early check-in or late check-out is not guaranteed and may only be granted with prior approval.

Unauthorised early check-in or late check-out may result in additional charges.

Guests must vacate the Property by the stated check-out time unless a later departure has been expressly approved.

Failure to vacate may result in additional accommodation, cleaning, operational or other reasonable costs.

12. Occupancy and Visitors

Only the number of Guests stated in the confirmed booking may stay overnight at the Property unless prior written approval has been obtained.

Guests must not exceed the maximum occupancy specified for the Property.

Visitors may only be permitted where the Property's House Rules allow them.

The booking Guest is responsible for the behaviour of all visitors and members of their party.

Unauthorised additional Guests or visitors may result in additional charges or termination of the stay.

13. House Rules

Each Property may have additional House Rules.

House Rules may include restrictions relating to:

• noise;
• parties and events;
• smoking;
• pets;
• visitors;
• parking;
• swimming pools;
• use of entertainment facilities;
• occupancy;
• security;
• waste disposal;
• use of appliances;
• children and supervision;
• and other Property-specific requirements.

Guests must comply with all House Rules.

A serious breach of the House Rules may result in the booking being terminated and the Guest being required to vacate the Property, subject to applicable law.

14. Parties, Events and Excessive Noise

Unless expressly authorised in writing, Properties are intended for accommodation purposes and not for parties, events or functions.

Guests must not:

• host an unauthorised party or event;
• create excessive noise;
• disturb neighbours;
• use the Property for unlawful activities;
• exceed permitted occupancy; or
• engage in conduct that creates a safety or security risk.

Guests may be responsible for costs arising from breaches, including:

• security call-outs;
• additional cleaning;
• repairs;
• replacement of damaged items;
• municipal or body corporate fines where legally recoverable; and
• other reasonable costs caused by the breach.

15. Damage, Loss and Breakages

Guests are responsible for damage, loss or breakage caused by themselves, members of their party or their visitors, excluding normal wear and tear.

Guests must report damage as soon as reasonably possible.

PrimeStays may seek reimbursement for reasonable costs associated with:

• repairing damaged property;
• replacing damaged or missing items;
• excessive cleaning;
• lost keys;
• lost access devices;
• damaged appliances;
• damaged furniture;
• damage to fixtures and fittings; and
• other losses reasonably attributable to the Guest.

Where a security deposit applies, authorised deductions may be made from the deposit for qualifying losses.

Where the cost of damage exceeds the security deposit, PrimeStays may seek payment of the remaining amount from the Guest.

16. Security Deposits

Certain Properties may require a refundable security or breakage deposit.

Where applicable, the amount and payment requirements will be disclosed before booking or before check-in.

The security deposit is intended to cover qualifying damage, loss, excessive cleaning and other costs attributable to the Guest.

Subject to inspection and any outstanding claims, the remaining security deposit will be returned within a reasonable period after check-out.

Where a deduction is made, PrimeStays may provide the Guest with reasonable details of the deduction.

17. Cleanliness

Guests must leave the Property in a reasonably clean and orderly condition.

Normal cleaning following a stay is included where stated in the listing.

Additional cleaning costs may be charged where the Property requires cleaning substantially beyond normal checkout cleaning, including where caused by:

• excessive rubbish;
• spills or stains;
• bodily fluids;
• excessive food waste;
• smoking;
• unauthorised pets;
• parties or events;
• excessive mess; or
• other unreasonable use of the Property.

18. Smoking

Smoking is prohibited inside Properties unless the applicable Property expressly permits it.

Where smoking is prohibited, Guests may be charged for additional cleaning, odour removal, damage or other reasonable costs resulting from smoking inside the Property.

19. Pets

Pets are only permitted where expressly authorised by the applicable Property.

Guests must not bring animals onto a Property without prior approval.

Where unauthorised pets cause damage, additional cleaning or other losses, the Guest may be responsible for the resulting reasonable costs.

20. Safety and Security

Guests must take reasonable care of themselves, their party and the Property.

Guests must:

• lock doors and windows when appropriate;
• use appliances responsibly;
• follow safety instructions;
• supervise children around swimming pools and other hazards;
• comply with Property-specific safety rules; and
• immediately report serious safety concerns to PrimeStays.

Guests use swimming pools, outdoor areas, entertainment equipment and other amenities at their own risk, subject to applicable law.

Children must be supervised by a responsible adult at all times where appropriate.

21. Personal Belongings

Guests are responsible for their personal belongings.

PrimeStays is not responsible for loss, theft or damage to personal belongings unless liability arises under applicable law.

Guests should not leave valuables unattended or unsecured.

Lost property should be reported to PrimeStays as soon as possible.

If an item is found after checkout, PrimeStays may arrange its return subject to reasonable delivery or handling costs.

22. Early Departure

If a Guest chooses to leave a Property before the scheduled Check-out Date, the unused portion of the booking will ordinarily not be refundable.

This does not affect any statutory rights the Guest may have where the Property is materially defective, uninhabitable or otherwise fails to comply with applicable legal requirements.

23. Guest Complaints

Guests should report any significant problem as soon as reasonably possible so that PrimeStays has a reasonable opportunity to investigate and, where possible, resolve the issue during the stay.

Complaints raised only after checkout may make it more difficult for PrimeStays to investigate or remedy the issue.

Nothing in this clause prevents a Guest from exercising a statutory right.

24. Photography and Inspection

PrimeStays or its authorised representatives may need to access a Property for legitimate operational purposes, including:

• emergency situations;
• urgent maintenance;
• safety inspections;
• repairs;
• investigating reported damage; or
• preparing the Property for subsequent Guests.

Except in emergencies, reasonable notice will be provided where practicable.

25. Prohibited Activities

Guests may not use a Property for:

• unlawful activities;
• commercial activities without permission;
• unauthorised events;
• activities that create an unreasonable safety risk;
• activities that damage the Property;
• activities that disturb neighbours; or
• any purpose materially different from ordinary short-term accommodation without prior written approval.

26. Right to Terminate a Stay

Where permitted by law, PrimeStays may terminate a Guest's stay where the Guest materially breaches these Terms or the applicable House Rules.

Examples include serious:

• overcrowding;
• unauthorised events;
• excessive noise;
• property damage;
• unlawful activity;
• threats or abusive behaviour;
• security violations; or
• repeated refusal to comply with reasonable Property rules.

Where a stay is terminated because of a serious breach by the Guest, the Guest may not be entitled to a refund for unused accommodation, subject to applicable law.

27. No Guarantee of Amenities

Amenities advertised for a Property are provided subject to availability and ordinary maintenance.

PrimeStays will make reasonable efforts to keep advertised amenities operational.

An amenity may occasionally be unavailable due to:

• maintenance;
• repairs;
• safety concerns;
• weather;
• utility interruptions;
• equipment failure; or
• circumstances outside PrimeStays' reasonable control.

The temporary unavailability of a non-essential amenity does not automatically entitle the Guest to a refund.

Where the unavailability of an amenity materially affects the accommodation or was caused by PrimeStays' failure to provide a material advertised service, an appropriate remedy may be considered.

28. Property Descriptions and Photographs

PrimeStays aims to ensure that Property descriptions and photographs are accurate.

Photographs are intended to provide a reasonable representation of the Property. Furnishings, décor, views, landscaping and other non-essential features may change from time to time.

Minor differences between photographs and the Property do not necessarily constitute a material misrepresentation.

If a Guest believes that a Property is materially different from its description, the Guest should notify PrimeStays promptly after arrival.

29. Liability

To the maximum extent permitted by applicable law, PrimeStays will not be liable for indirect, consequential or incidental losses arising from a Guest's stay.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including rights and remedies available to consumers under applicable South African law.

Guests remain responsible for their own actions and the actions of members of their party and visitors.

30. Indemnity

To the extent permitted by law, the Guest agrees to reimburse PrimeStays for reasonable losses, costs or expenses arising from:

• the Guest's breach of these Terms;
• damage caused by the Guest or members of their party;
• unauthorised use of the Property;
• unlawful conduct;
• unauthorised events;
• breach of House Rules; or
• claims arising from the Guest's negligent or unlawful conduct.

This clause does not limit any rights the Guest may have under applicable consumer protection legislation.

31. Personal Information and POPIA

PrimeStays collects and processes personal information necessary to operate the website and provide accommodation services.

This may include information such as:

• name;
• contact details;
• booking information;
• payment-related information;
• communications with PrimeStays; and
• information required to administer a Reservation.

Personal information will be processed in accordance with PrimeStays' Privacy Policy and applicable South African data protection legislation, including POPIA.

Guests should review the PrimeStays Privacy Policy before making a booking.

32. Electronic Communications

By using the PrimeStays website and making a booking, you consent to receiving electronic communications relating to your booking, including:

• booking confirmations;
• payment confirmations;
• check-in instructions;
• important Property information;
• amendments;
• cancellation notices; and
• customer service communications.

Electronic records may be used as evidence of communications and transactions to the extent permitted by law.

33. Fraudulent Transactions and Chargebacks

PrimeStays reserves the right to investigate suspected fraudulent bookings or payment activity.

Where a payment is reversed, charged back or otherwise disputed after accommodation has been provided, PrimeStays reserves the right to seek recovery of any legitimate amount owing.

Nothing in this clause limits a Guest's lawful right to dispute an unauthorised transaction.

34. Disputes

Guests should first contact PrimeStays to attempt to resolve any complaint or dispute amicably.

PrimeStays will make reasonable efforts to investigate complaints and provide an appropriate response.

Where a dispute cannot be resolved through direct communication, either party may pursue any remedy available under South African law.

Nothing in these Terms prevents a consumer from exercising rights available under the CPA or other applicable legislation.

35. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Subject to any mandatory consumer rights and jurisdictional requirements, disputes relating to these Terms will be dealt with in accordance with applicable South African law.

36. Changes to These Terms

PrimeStays may update these Terms from time to time.

The Terms applicable to a booking will generally be the version accepted by the Guest at the time the booking was made, unless a change is required by law.

The latest version will be published on the PrimeStays website.

37. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue to apply.

38. Entire Agreement

These Terms, together with the applicable booking confirmation, Property listing, House Rules, Privacy Policy and any other terms expressly incorporated into the booking, constitute the agreement governing the Guest's Reservation.

Where there is a conflict between these Terms and a mandatory provision of applicable law, the mandatory provision will prevail.

39. Contact Us

If you have a question, complaint or request relating to a booking, please contact PrimeStays using the contact details provided on the PrimeStays website.

PrimeStays
Website: https://primestays.co.za

Please include your booking reference when contacting us about an existing Reservation.

Important Notice to Guests

Please read these Terms carefully before completing your booking. In particular, Guests should note the strict cancellation policy, Property rules, occupancy requirements, damage responsibilities and provisions dealing with refunds, utilities and circumstances outside PrimeStays' reasonable control.

By completing a booking, you acknowledge that you have had an opportunity to read and accept these Terms.