Terms of Service
- About Staya
- Acceptance of Terms
- Staya as a Platform
- Eligibility
- Booking Codes & Access
- Bookings & Confirmation
- Payments
- Cancellation & Refunds
- Check-in & Check-out
- Guest Conduct
- Intellectual Property
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Account Suspension & Termination
- Dispute Resolution
- Force Majeure
- App Store Terms
- Changes to These Terms
- Governing Law
- Contact
1. About Staya
Staya is a hospitality management and booking platform operated by Bartholos Pty Ltd, a company registered in South Africa.
| Detail | Information |
|---|---|
| Company | Bartholos Pty Ltd |
| Trading as | Staya |
| Address | Korhaan Crescent 67, Hartswater, 8570, Northern Cape, South Africa |
| info@staya.co.za | |
| Website | https://staya.co.za |
2. Acceptance of Terms
By accessing or using the Staya platform — including the mobile application, web application at staya.co.za, or any related services — you agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these terms, you may not use the Staya platform. These terms constitute a legally binding agreement between you and Bartholos Pty Ltd.
3. Staya as a Platform
Staya operates as a technology platform that connects guests with independently owned and operated guesthouses and accommodation properties ("Property Partners").
Important: Bartholos Pty Ltd is not the owner or operator of any accommodation property listed on the platform (except where explicitly stated). Bookings are made directly with the Property Partner. The accommodation agreement is between you and the Property Partner.
Each Property Partner is responsible for:
- The accuracy of their property listing, pricing, and availability
- The quality and condition of their accommodation
- Their own house rules, policies, and guest conduct requirements
- Compliance with applicable hospitality and safety regulations
Staya facilitates the booking process and provides the technology platform but does not guarantee the conduct, quality, or representations of any Property Partner.
4. Eligibility
To use Staya you must:
- Be at least 18 years of age
- Be capable of entering into a legally binding agreement
- Provide accurate and truthful information when making a booking
- Not be prohibited from using the service under applicable law
By using Staya, you represent and warrant that you meet all eligibility requirements.
5. Booking Codes & Access
Upon confirmed payment, each booking is assigned a unique 8-character alphanumeric booking code. This code:
- Serves as your primary identifier for your booking on the platform
- Grants access to your booking details, room information, and in-app services
- May be required at check-in by property staff
- Is personal and must not be shared with unauthorised individuals
You are responsible for keeping your booking code secure. Bartholos Pty Ltd accepts no liability for unauthorised access to a booking resulting from a shared or compromised booking code.
If your booking code is lost or compromised, contact us immediately at info@staya.co.za.
6. Bookings & Confirmation
- A booking is only confirmed once full payment has been received and processed
- A booking confirmation email containing your booking code will be sent to the email address provided
- It is your responsibility to provide a valid, accessible email address at time of booking
- Property Partners reserve the right to refuse or cancel bookings at their discretion, subject to a full refund
- Staya reserves the right to cancel bookings in cases of fraud, system error, or pricing error
- Group bookings (multiple rooms or guests) are subject to the same terms unless otherwise agreed in writing
7. Payments
- All payments are processed securely by Yoco, a registered payment service provider
- All prices are displayed and charged in South African Rand (ZAR)
- Full payment is required at the time of booking unless otherwise stated
- Card details are processed directly by Yoco and are never stored by Bartholos Pty Ltd
- A payment confirmation will be sent to your email address upon successful payment
- In the event of a payment failure, your booking will not be confirmed
Staya does not store, process, or have access to your card details at any point. All payment data is handled exclusively by Yoco in accordance with PCI DSS standards.
8. Cancellation & Refunds
Cancellation terms are set by each Property Partner and are displayed clearly at the time of booking. General platform-wide terms are as follows:
- Cancellations made more than 24 hours before check-in are eligible for a full refund unless the Property Partner's policy states otherwise
- Cancellations within 24 hours of check-in are generally non-refundable
- No-shows are non-refundable
- If a Property Partner cancels your booking, you are entitled to a full refund within 5 business days
- Approved refunds are processed via Yoco within 5–10 business days
- Special circumstances (medical emergencies, bereavement) are considered on a case-by-case basis with supporting documentation
To cancel a booking, email info@staya.co.za with subject line "Cancellation Request" and your booking code. Full cancellation terms are available at staya.co.za/cancellation.
9. Check-in & Check-out
- Check-in and check-out times are specified in your booking confirmation and in the Staya app
- Valid government-issued identification is required at check-in
- Late check-out may be available at the Property Partner's discretion and may incur additional charges
- Early check-in is subject to availability and the Property Partner's approval
- Failure to check in without prior notification may be treated as a no-show
10. Guest Conduct
As a guest using the Staya platform and staying at a Property Partner, you agree to:
- Treat the property, its staff, and other guests with respect and dignity
- Comply with the Property Partner's house rules as communicated at check-in or via the app
- Not exceed the maximum room or property occupancy stated in your booking
- Not engage in any illegal activities on the premises
- Report any damage to the property immediately to staff
- Not use the Staya platform for fraudulent, deceptive, or abusive purposes
- Not harass, threaten, or abuse property staff or other guests via any communication channel including the in-app messaging system
Violation of these conduct requirements may result in removal from the property, cancellation of your booking without refund, and suspension of your access to the Staya platform.
11. Intellectual Property
All content, design, software, trademarks, logos, and materials on the Staya platform — including but not limited to the Staya name, wordmark, mobile application, web application, and the Cara assistant — are the exclusive intellectual property of Bartholos Pty Ltd or its licensors.
You may not:
- Copy, reproduce, or distribute any part of the Staya platform without written permission
- Reverse engineer, decompile, or attempt to extract source code from the Staya application
- Use Staya's name, logo, or branding without prior written consent
- Create derivative works based on the Staya platform
Your use of the platform grants you a limited, non-exclusive, non-transferable licence to access and use Staya for personal, non-commercial booking purposes only.
12. Disclaimer of Warranties
The Staya platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by South African law, Bartholos Pty Ltd makes no warranties, express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose
- That the platform will be uninterrupted, error-free, or free of viruses
- The accuracy or completeness of any property listing, pricing, or availability information provided by Property Partners
- The quality, safety, or suitability of any accommodation booked through the platform
13. Limitation of Liability
To the maximum extent permitted by applicable law, Bartholos Pty Ltd shall not be liable for:
- Loss or theft of personal belongings during your stay
- Personal injury or property damage occurring at a Property Partner's premises
- Any indirect, incidental, special, or consequential damages arising from use of the platform
- Loss of data, revenue, or profits
- The conduct, actions, or omissions of any Property Partner or their staff
- Service interruptions due to technical failures, maintenance, or circumstances beyond our control
Where liability cannot be excluded by law, our total liability to you shall not exceed the value of the booking giving rise to the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless Bartholos Pty Ltd and its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Staya platform
- Your violation of these Terms of Service
- Your violation of any applicable law or regulation
- Your conduct at any Property Partner's premises
15. Account Suspension & Termination
Bartholos Pty Ltd reserves the right to suspend or terminate your access to the Staya platform at any time, with or without notice, if we reasonably believe that you have:
- Violated these Terms of Service
- Engaged in fraudulent or abusive behaviour
- Provided false or misleading information
- Caused harm to other guests, property staff, or Property Partners
Suspension or termination does not affect any completed bookings or your right to a refund where applicable under these terms.
You may stop using the Staya platform at any time. Completed bookings remain subject to the cancellation policy in effect at the time of booking.
16. Dispute Resolution
In the event of a dispute arising from your use of the Staya platform or a booking made through it, we encourage you to contact us first at info@staya.co.za. We will make every reasonable effort to resolve the dispute informally within 14 days.
If the dispute cannot be resolved informally, it shall be referred to mediation before either party initiates legal proceedings. The mediation shall be conducted in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
17. Force Majeure
Bartholos Pty Ltd shall not be liable for any failure or delay in performance of its obligations under these terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, or severe weather events
- Pandemic, epidemic, or public health emergency
- Government action, regulation, or restriction
- Power outages, internet failures, or third-party service disruptions
- Civil unrest, war, or terrorism
In such events, we will notify affected users as soon as reasonably practicable and work to minimise disruption where possible.
18. App Store Terms
The Staya mobile application is distributed through the Apple App Store and Google Play Store. When you download Staya through these platforms, the following applies:
- These Terms of Service govern your use of Staya, not the terms of Apple Inc. or Google LLC
- Apple Inc. and Google LLC are not parties to these terms and have no obligation to provide support or maintenance for Staya
- Apple Inc. and Google LLC are not responsible for any claims relating to the Staya app, including product liability, legal compliance, or consumer protection claims
- You must comply with applicable third-party terms of service when using Staya through their platforms
- Apple Inc. and its subsidiaries are third-party beneficiaries of these terms for the purposes of the Apple App Store distribution only
19. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will notify you via the app or by email at least 14 days before the changes take effect.
The current version of these terms is always available at staya.co.za/terms. Continued use of the platform after the effective date constitutes acceptance of the updated terms.
20. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes not resolved by mediation shall be subject to the exclusive jurisdiction of the South African courts.
These terms comply with the Electronic Communications and Transactions Act (ECTA), the Consumer Protection Act (CPA), and the Protection of Personal Information Act (POPIA).
21. Contact
For any questions regarding these Terms of Service:
| info@staya.co.za | |
| Address | Korhaan Crescent 67, Hartswater, 8570, Northern Cape, South Africa |
Summary: Staya is a platform connecting guests with guesthouses. Book in good faith, treat properties with respect, and contact us at info@staya.co.za if anything goes wrong. We will always try to resolve issues fairly.