Guest Booking Terms & Conditions

Part A – Your booking agreement

1. Parties, definitions and application

1.1 These terms are an agreement between the person who makes and pays for the booking (the “Booking Guest”, “you”) and Serenity Stays, acting for the owner of the booked property and through its appointed manager (“Serenity Stays”, “we”, “us”).

1.2 In these terms: “Property” means the Serenity Stays apartment named in your booking confirmation, with its furniture, equipment, keys and access devices; “Guests” means everyone included in the booking, including children; “Visitors” means anyone who is not a registered Guest; “Stay” means the period from check-in to check-out; and “booking amount” means the total price of the booking shown in your booking confirmation.

1.3 These terms apply to every direct booking with Serenity Stays, made on this website or confirmed by us in writing. Bookings made through a third-party platform, such as Airbnb or Booking.com, are governed by that platform’s terms, although the house rules in Parts C to E still apply while you are at the Property.

1.4 Headings are for convenience only. Words in the singular include the plural, and “including” means “including without limitation”.

2. Booking confirmation and formation of the contract

2.1 A quotation, availability result or unpaid checkout does not reserve the Property. A binding agreement comes into existence only when (a) you have accepted these terms at checkout, (b) we have received the payment required at booking (the deposit or the full amount), and (c) we have sent you a booking confirmation by email.

2.2 If a payment is not completed, the dates are released and no agreement is formed. If the Property becomes unavailable between your payment and our confirmation, we will refund your payment in full.

2.3 The agreement consists of the booking confirmation, the price summary, the property description shown when you booked, any property-specific rules we gave you before you paid, and these terms.

3. Minimum age and authority of the Booking Guest

3.1 The Booking Guest must be at least 18 years old, have full legal capacity to contract, and stay at the Property for the booking unless we agree otherwise in writing.

3.2 The Booking Guest is responsible for every Guest and Visitor, must make sure they know and follow these terms, and is liable to us for their conduct as set out in these terms.

4. Accurate guest, identity and payment information

4.1 You must give us complete, accurate and current information, including the names and number of Guests, your contact details, your identity document or passport, and payment details. Please tell us promptly if anything changes.

4.2 For the safety of our guests, neighbours and properties, we ask for a copy of the Booking Guest’s identity document or passport. We may refuse check-in, as far as the law allows, if the person arriving cannot be reasonably identified as the Booking Guest.

4.3 You may only pay with a card or account you are authorised to use. Card payments are processed by our payment provider; we do not see or store your full card number.

Part B – Price, payment and cancellation

5. Prices, deposits and payment deadlines

5.1 Prices are in South African rand and include the nightly rates and fees shown in the price summary at checkout. Anything not shown there is not included.

5.2 If you book more than 7 days before check-in, you may pay either the full amount or a 50% deposit. If you pay a deposit, the balance must reach us no later than 7 days before check-in. The due date is shown at checkout, in your confirmation email and in your account, and we will send you a reminder.

5.3 If you book 7 days or fewer before check-in, the full amount is payable when you book.

5.4 If the balance is still unpaid after the due date and reasonable notice, we may cancel the booking. Any funds already paid are then dealt with under clause 6 and clause 7: they are subject to these terms and to an assessment of a reasonable cancellation charge, any charge will comply with the applicable law, and any refund due to you will be confirmed in writing and processed separately.

6. Cancellation, changes and refunds

6.1 How to cancel. You may cancel a confirmed booking by giving us written notice by email to bookings@serenitystay.co.za or by WhatsApp message to +27 68 611 9013. The cancellation takes effect on the day we receive it.

6.2 Cancelling more than 7 days before arrival. We may impose a reasonable cancellation charge, as permitted by section 17 of the Consumer Protection Act. In deciding the charge we take into account the nature of the accommodation, how much notice you gave, whether we are reasonably able to re-let the dates, and general industry practice. We will tell you the amount of any charge and refund the rest of what you paid.

6.3 Changing a booking. You may ask to change the dates or number of Guests. Changes depend on availability and on any difference in price, and take effect only once we confirm them in writing. While your arrival is more than 7 days away, you can make date changes yourself in your online account. Clause 7 applies to dates moved within 7 days of arrival.

6.4 Refunds. Any refund due to you will be confirmed in writing and paid, within a reasonable time, to the card or account used for the payment, unless we agree another method with you. Refunds are not made automatically by the booking system.

6.5 If we cancel. If we have to cancel because the Property is no longer available, we will offer you suitable alternative dates or accommodation where possible, or refund everything you paid for accommodation that is not provided. This does not limit any remedy you have under the law.

7. Cancelling or moving a booking within 7 days of arrival

7.1 If a confirmed booking is cancelled, or its dates are moved, within 7 days of the expected arrival date, a charge of 50% of the full booking amount applies. “Within 7 days” means that we receive the cancellation or change request on or after the day that falls 7 days before the original check-in date. A Guest who does not arrive and has not cancelled is treated as having cancelled on the arrival date.

7.2 Dates released at such short notice are rarely re-let, and we will normally have turned other guests away. We therefore regard 50% of the booking amount as a reasonable cancellation charge in these circumstances under section 17 of the Consumer Protection Act.

7.3 If we manage to re-let the released dates, or if a lower charge is reasonable in the circumstances or required by law, we will reduce the charge accordingly and refund the difference.

7.4 When dates are moved within this period, the original booking is treated as cancelled under clause 7.1 and the new dates as a new booking at the price that applies to them. With your agreement, amounts you have paid above the charge may be applied to the new dates instead of being refunded. Date changes within 7 days of arrival cannot be made online; please contact us.

7.5 This clause does not apply where clause 8.2 (death or hospitalisation) applies, or where we cancel or cannot provide the Property.

8. Consumer Protection Act

8.1 These terms are intended to comply with the Consumer Protection Act 68 of 2008 (the “CPA”), to the extent that it applies to your booking. If any term is inconsistent with a right you have under the CPA, the CPA prevails, and any term that the CPA prohibits is unenforceable to that extent.

8.2 Death or hospitalisation. No cancellation charge will be made if you are unable to honour the booking because of the death or hospitalisation of the person for whose benefit the booking was made. We may ask for reasonable supporting proof, such as a death certificate or a hospital letter.

8.3 We have drawn your attention to the terms that may limit our liability or create risks or obligations for you in the important notice at the top of this page and in bold text, as the CPA requires.

Part C – During your stay

9. Check-in and check-out

9.1 Check-in is from 14:00 on the arrival date and check-out is by 10:00 on the departure date. Access details and arrival instructions are sent before or on the day of arrival.

9.2 Early check-in or late check-out is only possible with our written approval and may cost extra; we will tell you the cost before you agree to it.

9.3 If you check out late without approval, we may charge the reasonable costs this causes, including extra cleaning or staff time and any loss to an incoming guest.

10. Maximum occupancy

10.1 The number of people staying overnight may not exceed the maximum occupancy shown in the listing and booking confirmation. Children and infants count towards the maximum occupancy.

10.2 Exceeding the maximum occupancy is a material breach (see clause 26). We may refuse access to the extra people and may recover the reasonable additional costs or losses this causes.

11. Registered guests and visitors

11.1 Only the Guests named or counted in the booking may stay at the Property. You may not sublet the Property, transfer or resell the booking, or let anyone else use it, without our written consent.

11.2 Day Visitors need our prior approval, must comply with these terms and any estate rules, must leave when asked, and may not stay overnight. You are responsible for your Visitors.

12. No parties, events or disruptive behaviour

12.1 Parties, functions, events, loud music, excessive noise and disruptive gatherings are not allowed at any Serenity Stays property. This applies inside the Property, on balconies and in common areas.

12.2 Please be considerate of neighbours and other residents at all times.

13. Estate, body-corporate, security, parking and quiet-hour rules

13.1 Our properties are in residential estates and complexes with their own rules. You must comply with the estate or body-corporate rules, security procedures, gate and visitor controls, and parking rules that we give you or that are displayed at the Property.

13.2 You must respect the quiet hours set by the estate or body corporate and, where none are set, keep noise to a minimum between 22:00 and 07:00.

13.3 Vehicles may only be parked in the bays allocated to the Property or in visitor bays where permitted. You are responsible for any fine or charge imposed on us because a Guest or Visitor broke an estate rule.

14. Misconduct, illegal activity and threatening behaviour

14.1 Illegal activity, including the possession or use of illegal drugs, is prohibited at the Property.

14.2 Threatening, abusive, violent, discriminatory or harassing behaviour towards our team, contractors, security staff, neighbours or other residents is not tolerated, nor is any conduct that endangers people or property.

14.3 We may contact estate security, the South African Police Service or emergency services where we reasonably believe it is necessary.

Part D – Care of the property

15. Care of the property

15.1 Please treat the Property as you would your own home. Use the furniture, appliances, equipment and common areas with reasonable care and in line with any instructions provided.

15.2 Do not move heavy furniture, remove items from the Property, or tamper with electrical, plumbing, security or gas installations. Leave the Property reasonably clean and tidy at check-out: wash or load dishes and put rubbish in the bins provided.

15.3 Please report any breakage, damage, loss, maintenance problem or safety hazard to us as soon as possible.

16. Damage, breakages, missing items and exceptional cleaning

16.1 As far as the law allows, the Booking Guest is liable for the reasonable, evidenced cost of repairing damage, or replacing items that are broken or missing, where this was caused by a Guest or Visitor, whether deliberately or through negligence.

16.2 If the Property needs cleaning well beyond normal turnover cleaning, for example because of stains, excessive mess, smoking, or pet hair where pets were not approved, we may charge the reasonable cost of the extra or specialist cleaning.

16.3 We will tell you of any claim in writing within a reasonable time after check-out, with a description and reasonable supporting evidence such as photographs, quotes or invoices, and give you a fair opportunity to respond before we ask you to pay. Amounts due must be paid within 7 days of our written request. We may recover unpaid amounts through lawful collection or legal proceedings.

17. Fair wear and tear

17.1 You are not liable for fair wear and tear, meaning the gradual deterioration that results from normal, reasonable use of the Property.

17.2 You are also not liable for damage caused by a defect that existed before your Stay, by an event beyond your control, or by anyone who is not a Guest, a Visitor or someone you let into the Property.

18. Smoking, vaping, pets and prohibited items

18.1 Smoking, vaping and the use of e-cigarettes or hookahs are not allowed inside any Serenity Stays property. Where an estate allows it, smoking is permitted only in designated outdoor areas; dispose of ash and stompies safely.

18.2 Pets are not allowed unless the listing for the Property says pets are welcome and we have approved them in writing before arrival. If you need to bring an assistance animal, please contact us before booking.

18.3 Fireworks, illegal drugs, hazardous or flammable substances and unlawful weapons are prohibited at the Property.

18.4 We may recover the reasonable cost of any specialist cleaning, odour removal or repairs caused by a breach of this clause, in line with clause 16.

19. Keys, remotes, access codes and property security

19.1 Keep keys, gate remotes, access tags and access codes safe, and do not copy them or share codes with anyone who is not a Guest.

19.2 Lock doors and windows and close the gate whenever you leave the Property, and use the security features provided.

19.3 Lost or unreturned keys, remotes or tags may be charged at their reasonable replacement cost, together with the reasonable cost of re-coding or changing locks where security requires it.

20. Access by management and in emergencies

20.1 We respect your privacy. We, or contractors we authorise, will enter the Property during your Stay only for a reasonable purpose, such as an urgent repair or maintenance, and after giving you reasonable notice.

20.2 In an emergency, or where we reasonably believe there is a serious breach of these terms, a risk to the safety of any person or to the Property, or a welfare concern, we may enter without prior notice to the extent the law allows.

Part E – Safety, facilities and services

21. Balconies, stairs, braais, beach access and common facilities

21.1 Balconies, stairs, braai areas, boardwalks, beach access paths, dunes, and any pools, lifts or other common facilities must be used carefully and in line with any signs, estate rules and our instructions. Do not sit or climb on balcony railings or walls, and do not leave a braai fire unattended.

21.2 Coastal living involves ordinary risks, including uneven or slippery surfaces, sea and surf conditions, rip currents, wind, sun and wildlife, and lifeguards are not always on duty. You use these facilities and the beach at your own risk, except where an injury, loss or damage is caused by our negligence or by a failure on our part for which the law makes us responsible.

22. Supervision of children

22.1 Children must be supervised by a responsible adult at all times, particularly on balconies and stairs, near braai facilities and water, on the beach and in common areas. The Booking Guest is responsible for making sure this happens.

23. Wi-Fi

23.1 Wi-Fi is provided free of charge for reasonable, lawful personal use. You may not use it to download or share illegal or pirated content, access unlawful material, harass anyone, or attack or interfere with any network or system.

23.2 You are responsible for activity on the Wi-Fi by your Guests and Visitors. We do not guarantee the speed, availability or security of the internet connection; please protect your own devices and data.

24. Utility and service interruptions

24.1 Electricity, water, internet, television, lifts, gate access and municipal services can be interrupted by load-shedding, municipal or network failures, or other events outside our control.

24.2 We will take reasonable steps to help and to restore services that are within our control as quickly as possible. We are not responsible for interruptions outside our reasonable control, but if an interruption makes the Property substantially unusable we will work with you on a fair solution, in line with your rights under the CPA.

25. Personal belongings, vehicles and guest safety

25.1 You remain responsible for your own belongings and vehicles. Please use the locks and security measures provided and do not leave valuables visible in vehicles.

25.2 As far as the law allows, we are not liable for loss of, theft of or damage to belongings or vehicles, or for injury, unless it was caused by our negligence or by a failure on our part for which the law makes us responsible. Nothing in these terms excludes liability for gross negligence or any liability that cannot lawfully be excluded.

25.3 Items left behind will be kept for 30 days. We will try to contact you, and can return them by courier at your cost.

Part F – When something goes wrong

26. Material breach and termination of the stay

26.1 A material breach includes exceeding the maximum occupancy, holding a party or event, unapproved overnight Visitors, smoking inside, unapproved pets, illegal activity, threatening or abusive behaviour, deliberate damage, and any conduct that seriously disturbs neighbours or endangers people or property.

26.2 Where reasonably possible we will first ask that the conduct stop. If it does not stop, or if the breach is serious, we may end the Stay and require the Guests and Visitors to leave the Property, as far as the law allows and in a proportionate way.

26.3 If the Stay ends because of a material breach, any refund for the unused nights and any charge for losses caused by the breach will be decided fairly in the circumstances and in line with the law.

27. Events beyond reasonable control

27.1 Neither of us is liable for failing to perform, or for delay, caused by an event beyond our reasonable control, such as natural disaster, severe weather, fire, flood, epidemic, government action, civil unrest or a major failure of public services, provided that the affected party takes reasonable steps to limit the effects.

27.2 If such an event means we cannot provide the Property, we will agree a fair solution with you consistent with the CPA, such as new dates, alternative accommodation, or a refund for nights that cannot be provided.

28. Complaints and contact details

28.1 If something is not right, please tell us as soon as possible, preferably during your Stay, so that we can try to fix it. Contact us by email at bookings@serenitystay.co.za or by WhatsApp message to +27 68 611 9013 (WhatsApp only, no calls).

28.2 We will acknowledge a written complaint promptly and aim to give you a full response within 10 business days. This procedure does not take away any right you have to approach the National Consumer Commission, an accredited consumer ombud or a court.

Part G – Personal information and communications

29. Personal information (POPIA)

29.1 We process personal information in line with the Protection of Personal Information Act 4 of 2013 (“POPIA”). We collect the personal information needed to manage your booking: names and contact details, your address, identity document or passport details and copy, the number of Guests, and booking and payment records.

29.2 We use this information to take and manage your booking, take payments, verify identity, keep guests, neighbours and properties safe, give access to the estate or complex where required, issue invoices, keep accounting records, communicate with you about your Stay, and comply with the law.

29.3 We share personal information only as needed for these purposes with service providers who process it for us, such as our payment provider, our booking-management and channel-management system, email and website hosting providers, accountants, property-management staff, and estate or body-corporate security. Some of these providers store information outside South Africa; we use providers that are subject to adequate data-protection laws or binding agreements, as POPIA requires.

29.4 We keep personal information only as long as reasonably necessary for these purposes or as required by law, for example tax and accounting records. We keep copies of identity documents only as long as they are reasonably needed, and protect personal information with appropriate technical and organisational safeguards.

29.5 You may ask to see, correct or delete your personal information, or object to its processing, by emailing bookings@serenitystay.co.za. You may also lodge a complaint with the Information Regulator (South Africa) at inforegulator.org.za.

29.6 The Booking Guest confirms that they may share the personal information of the other Guests with us for these purposes.

30. Booking-related electronic communications

30.1 We will send booking confirmations, invoices, payment reminders, arrival instructions, notices under these terms and other booking-related messages by email, WhatsApp or SMS to the details you give us. These messages are written notices and are valid as such under the Electronic Communications and Transactions Act 25 of 2002.

30.2 Please keep your contact details up to date in your account and check your spam or junk folder. A message is treated as received when it reaches the email address or number you gave us.

30.3 We will only send you marketing messages if you have agreed to receive them, and you can opt out at any time.

Part H – General provisions

31. Governing law

31.1 This agreement is governed by the law of the Republic of South Africa. Disputes may be referred to any South African court with jurisdiction. Nothing in this clause prevents you from using a remedy or forum available to you under the CPA, such as the National Consumer Commission, an accredited consumer ombud or the National Consumer Tribunal.

32. Severability, non-waiver and entire agreement

32.1 Severability. If any provision of these terms is found to be unlawful or unenforceable, it will be limited or removed only to the minimum extent necessary, and the rest of these terms will continue to apply.

32.2 Non-waiver. If we do not enforce a right immediately, or allow you extra time, we have not given up that right.

32.3 Entire agreement. The documents listed in clause 2.3 are the entire agreement about your booking, and replace earlier discussions or messages about it. A change to a confirmed booking is valid only once confirmed in writing, which includes email and the change confirmation in your online account.

32.4 Version. The version of these terms that you accepted at checkout applies to your booking. Later updates to this page do not change a confirmed booking unless you agree or the law requires it.

33. Electronic acceptance and authority to accept for all guests

33.1 These terms are available through a link at checkout before payment. By ticking “I accept the Terms & Conditions” and continuing to payment, the Booking Guest accepts these terms and agrees to be bound by them, whether or not they chose to read them. This electronic acceptance is a valid signature and agreement under the Electronic Communications and Transactions Act 25 of 2002.

33.2 The Booking Guest confirms that they have the authority to accept these terms on behalf of everyone included in the booking, and will make sure each Guest knows the house rules.

33.3 We keep a record of the version of the terms you accepted and the date and time of acceptance with your booking. You may save or print this page for your records, or ask us for a copy at any time.