1. TERMS OF USE

These Terms and Conditions ("the Terms and Conditions") govern your relationship with Yuppiestay and use of the Yuppiestay Website located at the domain name www.yuppiestay.com ("the Website"). Reference herein to our Website includes reference to the Yuppiestay system. By listing your property and using the Website, you agree to be bound by these Terms and Conditions. Your use of this Website constitutes your agreement to all the terms, conditions, and notices listed on the Website.

 

  1. DEFINITIONS

In this agreement and in any annexes thereto (other than documents/accounts prepared before the date of signature of this agreement) -

                2.1           clause headings are for convenience and are not to be used in its interpretation;      

                2.2           unless the context indicates a contrary intention an expression which denotes –

                                                any gender includes the other genders;

                                                a natural person includes a juristic person and vice versa;

                                                the singular includes the plural and vice versa.

                2.3           the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings –

 

                                “Booking Fee” refers to the total booking rental fee specified by you on the Yuppiestay system for a particular booking in respect of your Property;

                                “Client” refers to the person(s) who booked your Property on the Yuppiestay system and includes any persons and/or guests that will occupy your Property

                                     under the booking;

                                “your Listing” refers to the listing of your Property as displayed on the Yuppiestay system;

                                “your Property” refers to the physical property advertised by yourself on the Yuppiestay system.            

 

  1. AGENCY, PAYMENTS AND COMMISSION PAYABLE

Yuppiestay is hereby appointed your agent to facilitate bookings for your Property and to collect and receive any payments and/or deposits for any bookings for your Property as described herein. The right to collect money is not limited to, but includes the right to receive deposits, balance -and any other payments in respect of your Property. Yuppiestay shall not be responsible in any way and shall not incur any liability for fraudulent transactions and/or payments of any nature by a client.

In the event that your policy accepts deposits of less than 100% of the Booking fee it shall be your responsibility to collect any amount due by the client after payment of the deposit to Yuppiestay.

Within 3 working days of Yuppiestay receiving payment, be it deposit or full booking fee, and after deduction of commission and fees as specified in this agreement, Yuppiestay shall pay to you any balance of payments received from such client in respect of such booking. Payments will be made into your nominated bank account. It is your responsibility to keep your bank account details updated to ensure that payments are made into your existing account. Yuppiestay reserves the right to apply set-off against any amount owing by you to Yuppiestay for whatever reason.

For Clients introduced to you by Yuppiestay and/or who have made bookings at your Property, you shall pay to Yuppiestay commission calculated at 12% (VAT inclusive) of the Booking Fee. Such commission is earned on introduction and/or booking as may be the case. You hereby irrevocably authorize Yuppiestay to retain the non-refundable commission described herein for Yuppiestay’s services in facilitating the introduction of the client and/or the booking of your Property. The commission of 12% will be calculated on the Booking Fee as displayed on the Yuppiestay system at the time of the booking.

 

  1. ACCEPTANCE OF TERMS AND LISTING

On condition that you accept these terms and conditions you are entitled to enlist and register your Property on Yuppiestay’s Website. We reserve the right to deny your listing or to withdraw and/or deregister same from our Website without prior notice or having to furnish reasons. You hereby consent that your Listing may be displayed in any position on our site in our absolute and unqualified discretion. We may post hyperlinks anywhere on your listing in our absolute discretion.

Should you wish to deregister your listing you can only do so after 30 days prior written notice to Yuppiestay of your intent to do so. In the event of deregistration, the pre-existing rights of Clients shall persist and you shall honor any prior existing bookings for your listing.

You hereby warrant to Yuppiestay that your Listing and its content accurately and fairly represents your Property in all respects. You undertake to notify Yuppiestay immediately of any changes to your Property and shall keep your Listing updated at all times regarding the description of your Property, your tariffs and rates. Yuppiestay reserves the right to amend your Listing at any time.

 

  1. APPROVAL OF YOUR LISTING

Yuppiestay shall approve your Listing and its contents and shall be entitled at any time and without notice to amend your Listing. Yuppiestay is granted your irrevocable permission to make use of the information uploaded and/or contained in your Listing, which you warrant to be original. You hereby give Yuppiestay the express warranty that your Listing and its content does not infringe on copyright of any other person or party. You hereby grant Yuppiestay the irrevocable permission to use your Listing and its content on any media platform, whether printed, televised or social media. You agree that Yuppiestay may enter into relationships with third parties with the purpose to, amongst others, further promote your Listing as displayed on our system.

 

  1. SECURE ACCESS

You are required to safeguard your password, login -and other personal details. Yuppiestay will not be liable for any loss or damage arising from unauthorized access to our Website and will assume that any access to your Yuppiestay login account has been authorized by yourself. You will be bound by any action performed through access to your login account, obtained through your login details, whether such action has been performed by yourself and/or other persons who obtained your login details.

 

  1. AVAILABILITY

You irrevocably agree to make your Property available to the Client for the booking period once the booking has been confirmed by Yuppiestay. You shall not have the right to refuse the Client occupation of your Property on the grounds that the Booking fee or any part thereof is outstanding. You shall only be deemed to have complied with your obligations in this clause 7 once the Client has taken unhindered and unrestricted possession of your Property for the duration of the Booking period.

 

  1. REVIEWS

You hereby irrevocably consent to Yuppiestay publishing Client comments and/or reviews of your Property, the accuracy of which Yuppiestay will not be responsible for. Yuppiestay reserves the right to publish any reply that you may make to such reviews and/or comments.

 

  1. YOUR CANCELLATION POLICY

You are responsible to keep your cancellation policy updated on the Yuppiestay system at all times. All cancellations will therefore be dealt with in accordance with the terms of your cancellation policy displayed on the Yuppiestay Website at the time of the cancellation. You are therefore responsible to repay any moneys due to Clients under your cancellation policy. In general, you will furthermore be solely responsible for repayment of money owing to Clients unless otherwise agreed by Yuppiestay in writing.

 

 

  1. YOUR PROPERTY

You will be solely responsible for the management of your Property and your business associated therewith. Yuppiestay does not accept any responsibility associated with the management of your Property and such associated business. In the event of the sale of your Property this agreement will subsist and will be honored by yourself and any new owner and such responsibility shall remain with you.

 

  1. GENERAL

Should you continue to use this Website or enter into any agreement through this Website, you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the terms and conditions or the use of the Website.  This Website is hosted, controlled and operated from the Republic of South Africa and therefore at all times governed by South African Law.  You agree that no joint venture, partnership, or employment relationship exists between you and Yuppiestay as a result of this agreement or use of this Website.  This Agreement constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Yuppiestay shall not be construed as a waiver or variation of any of our rights or remedies.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from this Agreement and shall not affect the enforceability and validity of the remaining items of the Agreement.  In the event that you need to contact Yuppiestay for purposes related to these Terms and Conditions, please use the following:  Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

  1. LIMITATION OF LIABILTY

Yuppiestay shall not be liable to you and you hereby indemnify Yuppiestay for any loss or damage of any type suffered as a result of the use of this Website however arising.

 

 

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