GENERAL

The terms and conditions contained herein ("the Terms") govern the respective rights and obligations between Roomeo ("Roomeo") and you, and constitute a legally binding agreement ("this Agreement") between us. Roomeo provides an online market place ("the Services") that allows users seeking to rent accommodation ("Guests") to search for and liaise with various parties who wish to make rental accommodation available ("Hosts"), with the Services being accessible at https://roomeo.one ("this Website") or through any other third party website or application which Roomeo may, at its sole discretion, elect to use from time to time. This Agreement governs your use of this Website and your use of any Services accessed through it. Please note that your use of this Website is also governed by other documents and policies incorporated into these Terms. In case of any conflict among these Terms and the other documents or policies, these Terms shall govern unless expressly stated herein. Please read this Agreement carefully before using this Website. This Agreement contains provisions that limit our liability. By continuing to visit or use this Website as a visitor or user you signify your acceptance of these Terms. If you do not agree with these Terms, you do not have the right to access this Website. The access or use of this Website and/or of the Services is done at the sole risk of the visitor or user.

SERVICES

Roomeo seeks to facilitiate ("the Services") the listing by Hosts of residential property ("the Accommodation") for use as short-term and/or vacation housing and the pursuant rental of and payment for the Accommodation by Guests. Roomeo serves as an intermediary between the Host and the Guest for the above purpose. A Host may post an Accmmodation in a listing ("the Listing") on this Website. Visitors of this Website may view listings and proceed to book an Accommodation, thus becoming a Guest, without registering an account with Roomeo ("Roomeo Account"). However, should you wish to create a Listing as a Host, you are required to register a Roomeo Account.

REGISTERING A ROOMEO ACCOUNT

In order to create a Listing as a Host, you will need to register a Roomeo Account using your email address. You agree to create a unique password that you do not use with any other online product or service. By registering a Roomeo Account, you further agree to (i) provide accurate, truthful, current and complete information; (ii) maintain and promptly update your account information upon any changes; (iii) maintain the security of your account by protecting your password and restricting access to your account; (iv) promptly notify Roomeo if you discover or otherwise suspect any security breaches related to your account and/or to the Services; and (v) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.

CREATING A LISTING

Hosts may create a Listing for an Accommodation through this Website. A Host will be required to provide the following information in order to create a Listing through this Website: (i) a physical, valid address of the Accommodation; (ii) the maximum occupancy of the Accommodation; (iii) an inventory of the facilities, amenities and the furnishing available at the Accommodation; (iv) the availability of the Accommodation for bookings by Guests; (v) pricing and other financial terms; (vi) and, any additional rules and stipulations detailed by the Host and related to the use of the Accommodation by Guests. All listings are made public through this Website and may be published on certain third party websites which Roomeo may elect to use in order to market the listings from time to time.

GENERAL OBLIGATION OF A HOST

Once a Guest booked an Accomodation, a Host will be unable to change the availability or the pricing of the Accommodation. Hosts are solely responsible for their acts and omissions and expressly accept all responsibility and liability with regard to the acts and omissions of any Guest or third party, who may use, reside or otherwise be present at the Accommodation on invitation by a Guest. Roomeo recommends that Hosts obtain an adequate insurance cover for the Accommodation. Hosts are encouraged to review any insurance policy that they may have for the Accommodation carefully, having special provisions to any exclusions to, and any deductibles that may be part of, such an insurance policy, including, but not limited to, whether or not the insurance policy covers the actions or ommissions of Guests (and any individuals who may be present at the Accommodation on invitation by a Guest, if applicable).

In listing an Accommodation on this Website Hosts undertake and warrant that: (i) they comply with all applicable rules, laws and regulations which may apply to the Accommodation that is the subject of the listing, including but not limited to laws governing the letting of properties and zoning laws; (ii) they are not in violation of any agreements which may have been entered into between them and any third party that prohibits the offering of the Accommodation on this Website; (iii) they will not interfere with or otherwise violate the rights of a third party.

Once a Guest booked an Accommodation, the Host is solely responsible for fulfilling any and all obligations flowing from the booking of the Accommodation. Respectively the Guest enters into an agreement with the Host and undertakes to accept and follow any conditions, terms, regulations and limitations related to the Accommodation as set out by the Host.

It is the responsibility of the Host to ensure the correctness and completeness of the bank details which you provide to Roomeo for payments. Roomeo will not be liable for any funds being paid into a wrong bank account due to incorrect or incomplete bank details.

In the case of a Guest's payment having been made fraudulently, the Host agrees that Roomeo's liability is limited to the loss of any Service Fee that it may have earned.A payment could have been made fraudulently for example by a fraudulent bank deposit, by submission of a fraudulent proof of payment, or by the use of a fraudulent credit card. A payment could also have been made fraudulently in the case of the payment of the Guest being reversed by a bank or by an agency for any reason. In the case of a Guest's payment having been made fraudulently, the Host agrees to repay to Roomeo any amount which you may have received for the booking, regardless of the cancellation policy that was in place for the booking, and to so do within five (5) business days after we have notified you that the payment will be or has been reversed from Roomeo's bank account.

BOOKING AN ACCOMMODATION

Once a Guest booked an Accommodation, Roomeo will confirm such booking by means of email to the Guest. This confirmation shall serve (i) as confirmation of the booking of the Accommodation, (ii) as welcome message from the Host to the Guest containing the contact details of the Host, check-in instructions, and other relevant information which the Guest may require in order to use the Accommodation, and (iii) as invoice with regard to the rental amount set out by the Host for the use of the Accommodation ("Accommodation Fees"), together with Service Fees as defined below, and with all applicable taxes and any other costs related to the booking of the Accommodation due by the Guest and payable to Roomeo (collectively "the Total Fee").

Once a booking of an Accommodation has been confirmed, the payment of the Total Fee by the Guest is due immediately, owing and payable to Roomeo by one of the methods of payment made available to the Guest through this Website. If the Guest fails to effect such payment as stipulated above, this shall constitute a breach of this Agreement and Roomeo shall have the right to issue a claim for the collection of such damages or losses suffered as a result of the breach.

Banks or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to payments made by a Guest or Host to Roomeo. Roomeo shall in no way be liable for any Guest's or Host's bank or credit card fees or charges relating to the Guest’s or Host's payment for the Services to Roomeo.

FLEXIBLE HOURS

When a Guest books an Accommodation for Flexible Hours ("Flexible Hours"), such as a Day Booking, or a booking with Early Check-In, Late Check-In or Late Check-Out, then the Guest acknowledges and agrees that the amenities of the Accommodation which you book are as per the description that opens in a seperate tab/page of your browser once you press the button "Amenities" inside the listing for Flexible Hours.

APPOINTMENT OF PAYMENT AGENT

The Host hereby expressly achknowledges and agrees that any payment done by a Guest to Roomeo in relation to the booking of an Accommodation shall be treated as a payment done directly by the Guest to the Host, and that the Host undertakes to make the Accommodation available to the Guest as per agreement.

SERVICE FEES

In consideration of the supply of the Services, Roomeo charges an all-inclusive fee to the Host ("Service Fees"). The Service Fees levied by Roomeo are calculated as a percentage of the Accommodation Fee stipulated by the Host and as listed on this Website. Once a booking is confirmed, Roomeo will calculate all Service Fees, the applicable taxes and any further deductions to which it is entitled. After collection of payment from the Guest and after deduction of all Service Fees, Roomeo will then make payment to the Host for the remaining balance for the Accommodation, in accordance with the host-payout terms, as published here: https://roomeo.one/list.html. These host-payout terms may be subject to change. Service Fees are non-refundable. Balances will be remitted by Roomeo to the Host by bank transfer or by direct deposit, with the determination of the method of payment being within Roomeo's sole discretion. Additional information on Services Fees in general and on Service Fee percentages is available at https://roomeo.one/list.html.

CANCELLATION OF ACCOMMODATION

In the event of a Guest wishing to cancel a booking, the cancellation policy indicated by the Host in the listing will apply. Any refund of amounts paid by the Guest, which may be due in terms of the Host's cancellation policy indicated in the listing, will be handled by the Host and remitted by and from the Host directly to the Guest as soon as reasonably possible.

For the purpose of a Host indicating the cancellation policy in the listing, the following indications shall have the following meanings: (i) "Non-Refundable": The Total Fee paid by the Guest, including Accommodation Fees and Service Fees, is non-refundable after booking; (ii) "Partial Refund 5 Days Prior Check-In": The full Accommodation Fee paid by the Guest is refundable until five (5) days prior to the day of check-in, while the Service Fees are non-refundable after booking; (iii) "Partial Refund 30 Days Prior Check-In": The full Accommodation Fee paid by the Guest is refundable until thirty (30) days prior to the day of check-in, while the Service Fees are non-refundable after booking.

In the event of a Host cancelling a booking made on this Website, the Host agrees and undertakes to refund and remit directly to the Guest the Total Fee paid by the Guest for the booking, including Accommodation Fees and Service Fees, as soon as reasonably possible.

In the event of a refund being due by the Host to the Guest, it is the responsibility of the Guest to ensure the correctness and completeness of the bank details which you provide to the Host. The Host will not be liable for any funds being paid into a wrong bank account due to incorrect or incomplete bank details.

DAMAGE TO AN ACCOMMODATION

The Guest is responsible for handing back the Accommodation to the Host in the same condition in which you received it. An entry and exit inventory process shall be carried out by the Host and the Guest, with the Host and the Guest being responsible for agreeing upon and carrying out such process. Guests are responsible for both their actions and inactions and the actions and inactions of any third party, who may use, reside or otherwise be present at the Accommodation on the invitation by the Guest, or any third party, who the Guest may permit access to the Accommodation during the duration of the booking.

In the case of a Host issuing a claim to have sustained a loss or damage as a result of the actions or inactions of the aforementioned parties, and where the Host is able to present reasoable evidence of such a loss or damage, the Guest hereby warrants and undertakes to pay the reasonable expenses of repairing or replacing either the Accommodation or the contents of the Accommodation. After the Guest has been informed of a claim issued by a Host, the Guest shall have thirty six (36) hours to respond to the Host's claim. Should the Guest fail to respond to the claim of the Host within the aforementioned time period, then the Host will have the right to make reasonable charges to the Guest for the repair or replacement of the loss or damage caused to the Accommodation or the contents of the Accommodation.

REPORTING MISCONDUCT

If you interact with anyone through our Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting us at https://roomeo.one/contact.html. Please note that although we encourage you to report misconduct, we are not responsible or liable for the actions of the Users of our Services, and we are not obligated to take any action.

INDEMNIFICATION

You agree to indemnify and hold harmless Roomeo from any injury or damage suffered directly or indirectly as a result of the use of your property or use by the Guest of your property and/or your use of the Host’s property including but not limited to: (i) any claims for injury or damage to person or property arising from a property you own, manage or control; (ii) any claims for injury or damage to person or property arising from a rental transaction to which you are a party (including claims by Guest invitees, and including minor invitees); (iii) a violation of these Terms or Privacy Policy by you or anyone using your computer (or Roomeo Account, where applicable); (iv) a claim that any use of this Website by you or someone using your computer (or Roomeo Account, where applicable) infringes any right of any third party; (v) any misrepresentation by you or misuse of this Website; (vii) any claims arising out of any interaction you have with another User or such User's invitees, whether within or without the scope of this Website, including without limitation any breach of any obligation to be fulfilled by you; or (viii) your breach of any laws, rules or regulations of any applicable jurisdiction. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. You further agree to indemnify and hold Roomeo harmless against any and all damages, claims, loss, liability and/or costs, of whatsoever nature and howsoever occurring, suffered by Roomeo as a consequence of any claim instituted against it by a third party as a result of: your access to or use of this Website, any software, services, products, features or facilities offered on this Website in a manner other than as allowed or prescribed; any other cause whatsoever relating to your access to or use of this Website, any software, products, services, features or facilities offered on this Website where you have acted wrongfully or failed to act when you had a duty to so act; your interaction with any Guest or Host in connection with: the booking of an Accommodation; payments made in contemplation of or in accordance with bookings; the creation of a listing; and, the use, booking or occupation of an Accommodation; with such indemnification including, but not being limited to loss, injury, or damages (either direct, consequential, incidental, or otherwise) of any kind resulting from the above.

PROVISIONS OF ECT ACT

For the purposes of this paragraph: "Consumer" means any natural person (not a company, trust, PTY, etc.) who enters or intends to enter into an electronic transaction with this Website as the end-user of the Services offered by this Website. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002. Consumer rights in respect of online transactions are set out in Chapter 7 of the ECT Act. A copy of the Act can be found here: https://www.gov.za/documents/electronic-communications-and-transactions-act. Under section 42 (1) (d) of the ECT Act the cooling-off period laid out in section 44 of the Act does not apply with regard to services which began with the consumer's consent before the end of the seven-day period referred to in section 44 (1). Under section 42 (1) (f) of the ECT Act the cooling-off period laid out in section 44 of the Act does not apply with regard to goods which by reason of their nature cannot be returned. The cooling-off period therefore does not apply with regard to the Services. Under sections 43 (1) and (2) of the ECT Act Roomeo is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that Roomeo has not laid out the procedures and information as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction. Where a transaction has been so cancelled then: the consumer must return the performance of the supplier and/or immediately cease using the services performed; and the supplier must refund all payments made by the consumer minus the direct cost of returning the goods, if any. Under section 43 (5) of the ECT Act the supplier must use a payment system that is sufficiently secure with reference to accepted technological methods at the time of the transaction and the type of transaction concerned. This Website does not use or store user credit card information. At no time is credit card information provided to Roomeo stored together with the personal information of a user. Under section 43 (6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43 (5).

SECURITY

Roomeo makes no warranty or representation, whether express or implied, that this Website is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software.

INTELLECTUAL PROPERTY AND COPYRIGHT

User Content is owned by you or whoever created it. By submitting User Content to Roomeo or posting any User Content on this Website, you grant us a transferable, non-exclusive, royalty-free, sublicensable, irrevocable, worldwide license to use, copy, reproduce, perform, promote, display, publish, and distribute any User Content and all copyright, in and to, each and every image, photograph, video, and all information related to your Listing or other User Content. You grant these rights to us free of charge and without any commitment of an attribution as to ownership, authorship or other similar reference. You represent and warrant that you have the right to grant the rights and license described in this section. Please do not post any User Content unless you have permission from the person who took the picture and anyone who is shown in the picture. We will be entitled to use your User Content without incurring obligations of attribution, confidentiality, or compensation to you. You are responsible for determining whether User Content or information is protected by copyright, trade secret, trademark, right of publicity or other proprietary right. Except for that information which is in the public domain or for which you have been given express written permission you agree not to post, upload, or otherwise transmit any User Content or information that is protected by trademark, trade secret, copyright, right of publicity or other proprietary right without the express permission of the owner of such copyright, trade secret, trademark, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of trademarks, trade secrets, copyrights, rights of publicity or other proprietary rights or any other harm resulting from such a posting or submission, and agree to indemnify, defend (at our request) and hold harmless Roomeo from any claims or losses incurred by us due to your breach of any provision of this section.

This Website and all content and information on this Website are protected by copyright as a collective work and/or compilation, under applicable international copyright laws, conventions and database rights. Any redistribution or reproduction of part or all of the contents of this Website, other than your own User Content, in any form is prohibited, with the following exceptions: you may print or download to a local hard disk extracts for your personal and non-commercial use only; you may copy the content to individual third parties for their personal use, but only if you acknowledge this Website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content, nor may you transmit it or store it in any other website or other form of electronic retrieval system.

OUR PRIVACY POLICY

When you provide your email address, name or other information to us in connection with your access to or use of this Website, any of the Services provided on this Website or otherwise, you agree to allow this Website to add your email address, name or other information provided to our database of users. Please review our Privacy Policy at https://roomeo.one/privacy.html for more information regarding our email and other data collection practices and safeguards. Your use of this Website signifies your acknowledgment of, and agreement with, our Privacy Policy.

MONITORING OF NETWORK

Subject to the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2000, Roomeo monitors its network for the purpose of optimising and securing this Website and the Services. In doing so, anonymised information is used. To the full extent necessary under the law you hereby acknowledge and confirm that you are aware of such potential monitoring and/or interception and consent thereto.

LINKS TO OTHER WEBSITES

This Website may contain links to other sites maintained by third parties, or integrate services provided by third parties ("Third-Party Services"). These Third-Party Services are provided only as a convenience to you. Roomeo has no control over, and is not responsible for any content, products or services offered by Third-Party Services or found on related websites, or their terms of use or privacy policies. Visitors and users of this Website are solely responsible for compliance with such Third-Party Services’ terms of use and/or privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.

DISCLAIMER

Use of this Website and any information obtained from this Website is at your sole risk. Roomeo makes no warranties or guarantees, either express or implied, regarding any booking and/or any Accommodation included in any listing available through this Website. Roomeo makes no warranty of any kind, express or implied, as to the listings, other users, or any other information contained on this Website, including, but not limited to, accuracy and non-infringement. Roomeo has the right, but not the obligation, to pre-screen, monitor or remove any user content. Roomeo does not perform background checks, require references or its prospects, or accept any obligation to independently verify the information posted by the Hosts in their listings. Roomeo makes no warranties or representations as to the conduct of Guests and/or Hosts, or the adequacy of a Host's Accommodation published in a listing, including as to whether a relationship between Guests and Hosts complies with local laws, third party agreements, or other rules and regulations. Roomeo is not an owner nor the operator of the Accommodation being the subject of the Services, nor is it a supplier of properties. Roomeo does not sell, resell, own, provide, furnish, rent, sublet, manage and/or control properties. Roomeo's obligations are limited to: enabling the booking of the Accommodation; and, acting as the limited agent of the Host for the purpose of accepting payments from Guests on behalf of the Host. Roomeo does not serve as an insurer or as a contracting agent for the Host. In the event of a Guest booking an Accommodation forming the subject of a listing posted by a Host, and where the Guest stays at the Accommodation, any agreement entered into by and between such Guest and the Host is between such parties exclusively. Notwithstanding the generality of the above, Roomeo serves as the limited authorised agent of the Host for the purpose of accepting payments from the Guest on behalf of the Host and Roomeo is responsible only for transferring such payments to the Host.

ASSUMPTION OF RISK

Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Roomeo disclaims all responsibility or liability for any damages, including but not limited to economic, direct, consequential loss or loss of profits, resulting from the use of this Website in any manner. You assume all responsibility and risk for your use of and reliance on this Website and any information obtained from or through this Website, including your interactions with other users, bookings that you make, and your use of other Services provided by Roomeo. Your use of this Website is voluntary and at your own risk. Some Services may carry inherent risk, and by using and participating in such Services, you choose to assume those risks voluntarily. This Website and any feature on this Website is provided on an "as is", "as available" basis. Roomeo and their respective officers, directors, employees, agents, and licensees (the "Roomeo Parties") make no representations or warranties of any kind, express or implied, as to the accuracy of any information included on this Website, the operation of this Website or the information, content, features, materials, or products included therein. To the fullest extent permitted by applicable law, the Roomeo Parties disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components. Roomeo cannot guarantee the continuous and uninterrupted availability or accessibility of this Website. Roomeo has the right to restrict or limit this Website as may be needed to protect its servers, or otherwise carry out maintenance measures. Opinions, advice, statements, offers, or other information or content made available through this Website, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. We do not guarantee the accuracy, completeness, or usefulness of any information on this Website and we neither adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than us.

TERMINATION OF THIS AGREEMENT

If a User acts in violation of these Terms or any other rules or regulations issued by Roomeo, or exhibits any conduct contrary to our rules of good conduct, values or ethics, or breaks any law, rule, regulation, or any other legal order issued by a governing jurisdiction, Roomeo reserves the right, without justification and without compensation, to: terminate the provision of the Services to that User; limit that User’s access to this Website; remove any User Content hosted on this Website; or close a Roomeo Account. Roomeo may close the User's Account without warning or formal notice. By closing a Roomeo Account for breach of these Terms, Roomeo does not waive its right to any damages it may otherwise claim related to such breach. Roomeo reserves the right to sign out, terminate, delete, or purge your Roomeo Account, any related listings and any related information from this Website and our servers if you have not signed in to this Website for a particular period of time, as determined by us, in our sole discretion. The User will be informed by email of the closure of their Roomeo Account. In the event of Roomeo terminating the Roomeo Account of a User, this Agreement or access to this Website, that User will remain liable for all amounts due to Roomeo in terms of this Agreement. You may cancel your Roomeo Account at any time by contacting us at https://roomeo.one/contact.html.

JURISDICTION

You hereby consent to the jurisdiction of the Magistrate's Court having jurisdiction in terms of Section 28 of the Magistrate's Court Act, as amended, in respect of any dispute arising from the operation of this Agreement or otherwise from the use of the Services, irrespective of the fact that the amount of the claim may exceed the jurisdiction of such Court. You hereby agree that you will be liable for the legal costs, including tracing fees, on the scale as between client and attorney in respect of any legal proceedings or claim for damages commenced by Roomeo as a result of any breach of these Terms.

MODIFICATION

Roomeo reserves the right to amend, remove, or add to these Terms at any time with or without notice; however, the date on which these Terms have been last updated shall be displayed at the end of this document. Any modification shall be effective immediately. Please review these Terms whenever accessing or using this Website.

SEVERABILITY AND NON-WAIVER

If at any time, any one or more of the provisions in these Terms (or any section or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed to be omitted from these Terms and the validity and or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Roomeo's rights and remedies shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by us nor by any failure of or delay by us in asserting any such rights or remedies.

ENTIRE AGREEMENT

These Terms (including Roomeo's Privacy Policy) constitute the entire agreement between Roomeo and you with respect to the subject matter hereof and thereof. These Terms (including Roomeo's Privacy Policy) supersede all prior or simultaneous discussions, representations, proposals, negotiations, agreements, letters, exchanges, and understandings between you and Roomeo with respect to the subject matter hereof and thereof, whether written or oral.

Last updated on 10 October 2021