Terms and Conditions

1. INTRODUCTION

1.1 Holiday Escapes is a business in the leisure, travel, accommodation, and hospitality industry that facilitates short-term rentals and experiences.

1. 2 The terms and conditions set out herein below shall regulate the nature of the agreement between Holiday Escapes and Holiday Escapes customers (“Holiday Escapes Customers”). The terms and conditions contained herein are deemed to be a consumer agreement in terms of the Consumer Protection Act 2008 Act No 68 of 2008 (the “CPA”), which finds application throughout this agreement and as such, the terms and conditions need not be signed in order to find application.

2. BOOKINGS, PAYMENTS, AND CANCELLATION

2.1 All bookings are to be made via the online booking platform on Holiday Escapes website or booking platforms.

2.2 Holiday Escapes cannot guarantee that accommodation seen online, will be available by the time a booking and/or reservation is attempted. All bookings are subject to availability and take place on a ‘first-come-first serve’ basis.

2.3. Bookings shall only be guaranteed upon receipt of a confirmation email from Holiday Escapes.

2.4 Rescheduling of bookings must be requested at least 30 days prior to the arrival date. Late requests may be accommodated at the discretion of Holiday Escapes, subject to availability. If a guest does not arrive and fails to inform Holiday Escapes in advance, a reasonable cancellation fee may be retained in accordance with Section 17(5) of the Consumer Protection Act (CPA).

2.5 Rescheduling of bookings may be subject to an administration fee and adjusted rates depending on seasonality, property, and location. Guests will be informed of any price differences, which must be paid in full before confirmation.

2.6 Bookings are non-transferable. Guests may not assign, transfer, or allow others to occupy the property in their place, whether partially or fully, without the prior written consent of the property owner. Any unauthorised transfer or occupancy will be considered a breach of the rental agreement and may result in cancellation of the booking without refund, and/or forfeiture of the refundable deposit.

3. PAYMENT

3.1 All payments are to be made via Holiday Escapes online payment platform and shall be subject to the terms and conditions of Paystack Payments Limited (“Paystack”), the payment platform service provider.

3.2 Paystack employs advanced encryption technology, including Secure Socket Layer (SSL), to protect all transactions. No card details are stored on Holiday Escapes website. For further details on Paystack’s security measures and policies, users may visit: https://paystack.com/za/compliance.

3.3 Customer details will be securely stored by Holiday Escapes separate from card details, which are entered directly by the client on Paystack’s secure platform. Holiday Escapes does not process or store sensitive payment information, ensuring all payments are handled in compliance with Paystack’s security and privacy standards.

3.4 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR). For additional details regarding Paystack’s terms of service, please visit https://paystack.com/terms.

4. CANCELLATIONS

4.1 All cancellation requests must be submitted in writing and will be processed in accordance with the Consumer Protection Act, specifically Section 17(3)–(5).

4.2 Holiday Escapes’ standard cancellation policy is as follows for bookings made directly via HolidayEscapes.net:

Cancellations made 31 days or more prior to arrival: Full refund, less applicable service fees.
Cancellations made 15–30 days before arrival: 50% refund of total booking amount.
Cancellations made 14 days or less before arrival: No refund, unless the accommodation is rebooked.

4.3 Bookings made through third-party platforms (e.g. Airbnb, Booking.com) are subject to the platform's cancellation policies. Holiday Escapes cannot override or refund these bookings.

4.4 If Holiday Escapes cancels a booking for any reason, the guest will receive a full refund or be offered a reschedule at no extra cost.

4.5 Refunds exclude card transaction fees, except where cancellation is initiated by Holiday Escapes. A standard 15% service fee may apply to all eligible refunds, unless prohibited by applicable consumer law or if waived at Holiday Escapes' discretion.

4.6 No refunds will be granted for early departures or no-shows.

4.7 No re-entry policy: Once a guest has vacated the property and the departure clean has been completed, the booking will be deemed concluded. No re-entry to the property will be permitted thereafter, even if the original check-out date has not yet passed. Any requests for re-entry must be made in writing and are subject to prior approval by both the property owner and the managing agent. The re-letting of the property following an early departure is at the sole discretion of the property owner and management, in line with occupancy and cleaning schedules.

5. DURING YOUR STAY

5.1 Some properties strictly maintain access control. Guests are kindly requested to complete the required information and provide it to your host so that arrangements can be made for your access with applicable complex management.

5.2 Check In/Out:
• Check-In Time varies from 2 pm onwards and Check Out Time from 10:00 am.
• Please inform your host of your expected arrival time in order to arrange access to the property.
• Please report any faults upon arrival. If you are checking in ‘after hours’ please report any faults by 9:00 am the following day.

5.3 Arrival: Kindly see the Guest Access Guide for instructions on travel, and access to the property upon arrival.
If you have booked through Airbnb, please see the Directions and Check-in features on the Airbnb App for instructions on travel, and access to the property upon arrival.

5.4 We reserve the right to evict for unruly behaviour and overcrowding without refunding.
5.5 Pets are only permitted at specific properties with prior approval. The listing will clearly state whether it's a pet friendly property.
5.6 Departure: Kindly ensure that ALL doors and windows are locked, and if needed, return the keys to the same collection lock
box at the entrance to the property.

5.7 Extra cleaning fees may be charged as required.

5.8 Guests agree to abide by the Body Corporate's strict Rules and Regulations at all times.

5.9 The building's quiet hours are between 10pm and 9am. Guests who breach these times will be liable for an automatic fine of R3000. The property reserves the right to retain guests' Refundable Deposits should any guest be found guilty of such transgressions. Guests who fail to comply with these regulations will be evicted from the property.

5.10 Body corporate fines are payable within 24 hours of issue. Guests agree to payment of such fines irrespective of their reasoning for the fine being issued. Please note that fines can amount to more than R5000 and may result in Guests having to immediately vacate the premises.

5.11 The owner and staff of the property will not be held liable for any damages, loss and injuries of guests.

6. EXEMPTION FROM AND DISCLAIMER OF LIABILITY

6.1 Notice to Guests:
In terms of Sections 49 and 22 of the Consumer Protection Act (CPA), Holiday Escapes hereby notifies guests that it does not accept liability for any losses or damages except as required by law. This clause is drawn to your attention as required by the CPA.

6.2 Limitation of Liability:
Holiday Escapes, including its officers, employees, agents, affiliates, and partners, shall not be liable for any direct, indirect, special, or consequential loss or damage, including but not limited to:

Death, injury, or illness sustained by any person,
Theft, loss, or damage to any property,
whether or not caused by the negligence of Holiday Escapes or any related parties, or arising from the use of any facilities, services, or amenities provided.

6.3 Assumption of Risk: Guests acknowledge and agree that their entry to and use of the property, its amenities, and participation in any activities available on the premises is entirely at their own risk. Holiday Escapes, its employees, agents, and successors in title will not be liable for any damages, losses, theft, injuries, accidents, or deaths occurring on the premises, regardless of cause.

6.4 Exceptions: Holiday Escapes shall only be liable for damages or losses caused by gross negligence or wilful misconduct by Holiday Escapes or its staff.

7. FIRE LIABILITY

7.1 Fire is a major environmental, human and livelihood threat. Anyone caught lighting, using or maintaining a fire or attempting to light, use or maintain a fire in areas other than those demarcated by Holiday Escapes will be in contravention of the National veld and Forest Fire Act 101 of 1998 and will be liable for fines as well as all costs incurred to extinguish the fire, including any legal costs.

8. DAMAGE, THEFT, AND COMPLIANCE

8.1 Guest Responsibility: By booking and staying in one of our beautiful Homes, guests agree to take full responsibility for maintaining the condition of the property and any property within it during their stay.

8.2 Guests are responsible for any damage, breakages, or loss of property occurring during their stay, whether caused intentionally or through negligence. Guests must report any damage or breakages to Holiday Escapes immediately. Following departure, housekeeping will inspect the property to identify any issues. Guests will be held liable for the cost of repair or replacement of damages exceeding reasonable wear and tear. For certain properties, a Refundable Breakages Deposit is required, payable via electronic bank transfer prior to arrival.

8.3 Theft: Any items belonging to Holiday Escapes that are removed from the premises without authorisation will be considered stolen. Holiday Escapes reserves the right to report such instances to law enforcement and to seek reimbursement for any missing items.

8.4 Violation of Booking Rules: Guests must adhere to all rules provided by Holiday Escapes at the time of booking and during their stay. Failure to follow these rules may result in penalties, including but not limited to early termination of the stay without refund.

8.5 Liability and Debit Authorisation: Guests acknowledge and accept full responsibility for any damage, breakages, theft, violations of booking rules, or excessive cleaning charges incurred during their stay. Holiday Escapes reserves the right to charge the payment card used for the booking to cover such costs. Charges will only be applied after Holiday Escapes provides evidence, such as time-stamped photographs or an inventory report. By accepting these terms and conditions, guests expressly authorise Holiday Escapes to debit their payment card accordingly.

8.6 Notification and Dispute Process: In the event that damage is identified, Holiday Escapes will issue a written notice to the guest detailing a breakdown of the charges. Guests will have 2 business days from receipt of this notice to either dispute the charges or settle the outstanding amount.

9. HOLIDAY ESCAPES' USE OF WEBSITE POLICY

Terms

By accessing the website at https://www.holidayescapes.net, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use Licence

a. Permission is granted to temporarily download one copy of the materials (information) on Holiday Escapes' website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence, you may not:

modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Holiday Escapes' website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror”; the materials on any other server.

b. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Holiday Escapes at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

a. The materials on Holiday Escapes' website are provided on an ‘as is’ basis. Holiday Escapes makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

b. Further, Holiday Escapes does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Holiday Escapes or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Holiday Escapes' website, even if Holiday Escapes or a Holiday Escapes authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on Holiday Escapes' website could include technical, typographical, or photographic errors. Holiday Escapes does not warrant that any of the materials on its website are accurate, complete or current. Holiday Escapes may make changes to the materials contained on its website at any time without notice. However, Holiday Escapes does not make any commitment to update the materials.

Modifications

Holiday Escapes may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of South Africa, and you irrevocably submit to the exclusive jurisdiction of the courts of South Africa.

10. PRIVACY & COOKIE POLICY

10.1 Holiday Escapes collects, processes, and stores personal information in compliance with the Protection of Personal Information Act (POPIA). Information is collected directly from guests and used for service delivery, verification, and legal compliance.

10.2 All data processing is limited to the original purposes collected and, where applicable, may be disclosed to trusted service providers under strict confidentiality agreements.

10.3 Guests have the right to request access to their personal data, correction or deletion, and may lodge complaints with the Information Regulator of South Africa.

10.4 Holiday Escapes uses industry-standard safeguards and encryption to protect personal data. Card data is processed via Paystack and never stored by Holiday Escapes.

10.5 International guests, including EU residents, are encouraged to contact Holiday Escapes for GDPR-specific requests and clarifications.

DISPUTE RESOLUTION CLAUSE

11.1 In the event of a dispute, the guest and Holiday Escapes agree to first attempt to resolve the matter through informal communication. If resolution is not reached within 10 business days, either party may refer the dispute to the Consumer Goods and Services Ombud (CGSO) or an agreed-upon independent arbitrator.

11.2 Nothing in this clause limits the guest’s right to seek redress through the courts of South Africa.

House Rules and Guest Policy

Welcome, and thank you for choosing to stay with us! We strive to provide a clean, safe, and enjoyable environment for all our guests. These House Rules are in place to ensure the property is respected and enjoyed by all occupants, and to maintain good relationships with neighbours, building management, and Body Corporate authorities (where applicable).

By occupying the property, you confirm your acceptance of the following rules and associated terms and conditions.

1. General Conduct and Respect for the Property

This is a privately-owned holiday home, not a hotel. Please treat the property with the same care and respect as you would your own home.
Keep the property clean and tidy during your stay. Please dispose of all rubbish in the appropriate bins and do not leave food out.
Please do not tamper with or move furniture, electronics, or fixtures.

2. Noise and Disturbance

No parties or events are permitted under any circumstances. Breach of this rule will result in immediate eviction and potential additional cleaning charges.
Out of respect for neighbours and caretakers, quiet hours are strictly observed between 10:00 PM and 9:00 AM.
Excessive noise, music, or disruptive behaviour may result in fines and immediate termination of your stay without refund.

3. Guests, Visitors, and Access

Only registered guests as per the booking agreement may occupy the property.
Any additional overnight guests must be approved in writing in advance and may incur extra charges.
Guests are required to complete a Guest Registration Form and submit valid ID documents prior to check-in.
Vehicle registration details must be submitted for access to secure complexes or gated communities.

4. Safety and Security

Always lock all windows and doors when leaving the property.
Do not leave valuables unattended. The host or property manager will not be liable for any loss or theft.
Children must be supervised at all times. The guest assumes full responsibility for their safety.
Do not use any illegal substances on the premises. Any suspicion of such activity will be reported to authorities, and guests will be asked to vacate immediately.

5. Use of Facilities and Appliances

This is an eco-conscious property. Please switch off air conditioning, fans, lights, and appliances when not in use or when leaving.
Do not touch, reset, or unplug the Wi-Fi router. If you experience connection issues, please contact your host.
No smoking is allowed inside the property. Smoking outdoors is permitted only in designated areas, and all cigarette butts must be properly disposed of.

6. Furniture and Maintenance

Do not sit on couches or beds with wet clothing or swimsuits.
Cover or store outdoor cushions and furniture when not in use to protect from weather damage.
Open bathroom windows after showering to prevent moisture buildup.
Report any damage or maintenance issues as soon as possible. Accidental damage will be reviewed and, where applicable, repair or replacement costs may be deducted from your deposit.

7. Pets (Where Permitted)

Pets are only allowed with prior written approval and must comply with the building or estate’s pet rules.
Pets are not allowed on beds or furniture.
Pet owners are responsible for cleaning up after their pets both inside and in any communal areas. Additional cleaning fees may apply.

8. Environmental Considerations

This area is home to wildlife, including monkeys. Do not feed the monkeys and always keep windows and doors closed when unattended to prevent access.
Do not leave food out or accessible to animals.

9. Cleaning and Housekeeping

Standard cleaning is provided either before arrival or as specified. Additional cleaning during your stay must be pre-booked and is charged separately.
Guests are expected to leave the property in a reasonably tidy condition upon departure.

10. Check-In, Check-Out, and Availability

Check-in and check-out times will be communicated prior to arrival. Requests for early arrivals or late departures are subject to availability and approval.
Final availability for early/late check-in/out will be confirmed on the night before arrival or the morning of departure.

11. Fees and Cancellation

A 15% non-refundable service fee applies to all bookings. This applies to all cancellations, including those related to unforeseen circumstances such as illness, natural disasters, or force majeure.
Refunds, where applicable, will be processed in accordance with the cancellation policy agreed at the time of booking, less the applicable service fee.

12. Agreement to Terms

Occupying the property constitutes agreement to abide by these House Rules and the related Terms and Conditions of your booking. Any breach of these rules may result in immediate cancellation of your stay, forfeiture of payments, and liability for additional damages or costs.

Need Assistance?

If anything is unclear, or if you need help during your stay, please contact your host or the property manager directly.

We hope you enjoy a safe and memorable stay!

Terms and Conditions​