Terms of Service

www.directbooking.co.za

Operated by Direct Booking (Pty) Ltd (Reg. No. [Registration Number])

Physical address: [Physical Address, City, Province, Postal Code]

Effective Date: 1 August 2025

 

1. Definitions

In these Terms, unless context indicates otherwise:

 

“Accommodation Owner” means any natural or juristic person who lists a Property on the Platform.

“Agreement” means the binding contract formed directly between an Accommodation Owner and a Guest upon confirmation of a Reservation.

“Booking Fee” means the platform service fee charged by Direct Booking, as set out in Section 10.

“Cancellation Policy” means the policy selected by the Accommodation Owner from Direct Booking’s published set of standard cancellation policies, as displayed on the Platform at the time of booking.

“CPA” means the Consumer Protection Act 68 of 2008.

“Direct Booking”, “we”, “us” or “our” means Direct Booking (Pty) Ltd (Reg. No. [Registration Number]), a private company incorporated under the laws of the Republic of South Africa.

“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002.

“Guest” means any natural or juristic person who searches for, requests, or books a Property through the Platform.

“Guest Funds” means the Total Price collected from a Guest by Direct Booking on behalf of an Accommodation Owner.

“Member” means any registered user of the Platform, including Guests and Accommodation Owners.

“Platform” means the website at www.directbooking.co.za, any associated applications, and all related services operated by Direct Booking.

“POPIA” means the Protection of Personal Information Act 4 of 2013.

“Property” means any accommodation listed by an Accommodation Owner on the Platform.

“Reservation” means a confirmed booking of a Property by a Guest through the Platform.

“Total Price” means the nightly or total accommodation rate, applicable taxes, cleaning fees, and any other charges disclosed to the Guest at checkout.

“Terms” means these Terms of Service, as amended from time to time.

 

 

2. Nature of the Platform and Direct Booking’s Role

 

  1. Direct Booking operates a technology platform enabling Accommodation Owners to list Properties and Guests to discover and book those Properties.
  2. Direct Booking is not a party to the Agreement formed between an Accommodation Owner and a Guest. Direct Booking is not a real estate agent, travel agency, insurer, or accommodation provider.
  3. The Agreement is a contract solely between the Accommodation Owner and the Guest. Direct Booking facilitates its formation but assumes no liability for the performance, quality, safety, or legality of any Property or accommodation service.
  4. Direct Booking acts as a limited payment collection agent for Accommodation Owners solely for the purpose of collecting Guest Funds and disbursing payouts, as described in Section 9.
  5. Accommodation Owners are independent contractors. Nothing in these Terms creates an employment, agency (save as set out in clause 2.4), partnership, or joint venture between Direct Booking and any Member.

 

 

3. Acceptance of Terms

 

  1. By accessing the Platform, registering an account, listing a Property, or completing a Reservation, you agree to be bound by these Terms, the Privacy Policy, and all applicable South African law.
  2. If you do not agree to these Terms, you must immediately cease using the Platform.
  3. Where a Member is a juristic person, the individual accepting these Terms warrants that they are duly authorised to bind that entity.
  4. Members must be at least 18 years of age. By registering, you confirm that you meet this requirement.
  5. These Terms constitute an “electronic transaction” as defined in the ECT Act and are legally binding.

 

 

4. Member Accounts

 

  1. Registration requires accurate, current, and complete information. You must update your account information promptly if it changes.
  2. You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account.
  3. You may not transfer your account to any other person.
  4. Direct Booking may verify identity documents or conduct background screening at its discretion. Any such verification confirms only that the process was completed and does not constitute a warranty as to a Member’s suitability.
  5. Direct Booking may suspend or terminate accounts in accordance with Section 13.

 

 

5. Guest Terms

5.1 Searching and Booking

5.1       Search results are generated by the Platform’s algorithms. Direct Booking does not warrant that search results are complete or accurate.

5.1       By completing a booking, a Guest enters into a direct Agreement with the Accommodation Owner on the terms displayed at checkout, including the applicable Cancellation Policy and any House Rules.

5.1       You agree to pay the Total Price at checkout. Payment is collected by Direct Booking as payment collection agent on behalf of the Accommodation Owner.

5.1       A Reservation constitutes a limited licence to occupy the Property for the agreed period only. It does not create a lease or tenancy interest.

5.1       You may not exceed the maximum number of guests stated in the listing.

5.2 Guest Responsibilities

5.2       You are responsible for your own conduct and the conduct of all persons you invite to or bring onto a Property.

5.2       You must leave the Property in the condition in which it was found, fair wear and tear excepted.

5.2       You must comply with all applicable laws and the Accommodation Owner’s House Rules.

5.2       You assume full responsibility for assessing whether a Property is suitable for your needs, including any health, safety, or accessibility requirements.

5.2       You must not conduct or permit any unlawful activity on a Property.

5.3 Cancellations and Refunds

5.3       Refunds upon Guest cancellation are governed exclusively by the Cancellation Policy selected by the Accommodation Owner and displayed at the time of booking. Direct Booking applies that policy to determine any refund due.

5.3       The Platform offers three standard Cancellation Policy tiers, the full terms of which are published on the Platform:

  • Flexible: Full refund if cancelled at least 24 hours before check-in.
  • Moderate: Full refund if cancelled at least 5 days before check-in; 50% refund thereafter.
  • Strict: 50% refund if cancelled at least 14 days before check-in; no refund thereafter.

5.3       If an Accommodation Owner cancels a confirmed Reservation, Direct Booking will refund the Guest the full Total Price paid.

5.3       If a Guest experiences a material failure of the Property (for example, the Property is uninhabitable or materially misrepresented), the Guest must notify Direct Booking within 24 hours of check-in. Direct Booking may, in its discretion, provide a refund or rebooking assistance.

5.3       The Booking Fee is non-refundable, except where a cancellation is caused by the Accommodation Owner or where refund of the Booking Fee is required by the CPA.

5.3       Where the CPA applies, nothing in this Section limits a Guest’s statutory rights, including the right to cancel a booking where the Property is not as described.

5.4 Consumer Protection

5.4       Where a Guest qualifies as a “consumer” as defined in the CPA, Direct Booking and Accommodation Owners shall comply with the CPA in respect of that transaction.

5.4       Consumer Guests may refer unresolved disputes to the National Consumer Commission or the relevant Consumer Court, in addition to any other remedy available under these Terms.

 

 

6. Accommodation Owner Terms

6.1 Listing Requirements

6.1       By creating a listing, you represent and warrant that:

  • you have the legal right to list and offer the Property for short-term rental;
  • all listing information is accurate, complete, and not misleading;
  • the Property complies with all applicable laws, including municipal bylaws, zoning regulations, and short-term rental regulations in the relevant jurisdiction;
  • you hold all necessary permits, licences, and permissions required to offer short-term accommodation at the Property;
  • the Property is fit for habitation and materially corresponds to its listing description.

6.1       You must maintain one listing per Property, unless the Property has multiple distinct, self-contained accommodation units.

6.1       You are solely responsible for setting your price, House Rules, availability, and for selecting a Cancellation Policy from the standard tiers provided by Direct Booking (see Section 5.3). You may not impose a custom cancellation policy that falls outside the published tiers.

6.1       You may not list Properties that you have no right to rent, including where a lease, body corporate rules, or sectional title scheme rules prohibit short-term letting.

6.2 Contracting with Guests

6.2       Upon confirmation of a Reservation, you enter into a direct Agreement with the Guest and are responsible for delivering the accommodation as listed.

6.2       Any additional House Rules must be consistent with these Terms and must be clearly disclosed in your listing description prior to booking.

6.2       You may not collect any fees or charges from Guests outside the Platform, except where expressly permitted in writing by Direct Booking.

6.3 Accommodation Owner Responsibilities

6.3       You are solely responsible for complying with all applicable laws, including:

  • municipal and zoning regulations governing short-term rentals in your area;
  • health, safety, and habitability regulations;
  • body corporate, homeowners association, or sectional title scheme rules;
  • income tax and VAT obligations where applicable;
  • tourist levy obligations where applicable;
  • POPIA obligations in respect of Guest personal information you receive.

6.3       You are responsible for obtaining and maintaining appropriate insurance for the Property and for your liability to Guests. Direct Booking does not provide any insurance or host damage protection.

6.3       Any disputes regarding damage to a Property must be pursued by the Accommodation Owner directly against the Guest. Direct Booking may facilitate communication through the Resolution Centre (Section 12) but is not liable for the outcome of any damage claim.

6.4 Accommodation Owner Cancellations

6.4       You must not cancel a confirmed Reservation except where required by law or by a genuine force majeure event.

6.4       If you cancel a confirmed Reservation, Direct Booking will refund the Guest in full. Direct Booking may also impose a cancellation penalty on the Accommodation Owner, the amount of which is published on the Platform and may be updated from time to time on 14 days’ notice.

6.4       Repeated or patterns of cancellations may result in suspension or removal of your listing without further notice.

6.5 Taxes

6.5       You are solely responsible for determining and fulfilling your tax obligations in respect of all income received through the Platform, including income tax, VAT (where applicable), and any applicable tourist or accommodation levies.

6.5       Where applicable law requires Direct Booking to collect or remit any tax on your behalf, you authorise Direct Booking to do so, and the relevant amounts will be reflected in your transaction records.

6.5       Direct Booking may withhold or delay payouts where required to comply with any tax reporting, collection, or withholding obligation imposed by applicable law.

 

 

7. Platform Rules and Prohibited Conduct

 

All Members must comply with the following rules. You may not:

 

  • provide false, inaccurate, or misleading information on the Platform;
  • solicit or accept off-platform bookings to circumvent the Booking Fee;
  • list or book a Property that you have no right to offer or occupy;
  • use automated tools, scrapers, or bots to access the Platform;
  • engage in fraudulent conduct, misrepresentation, or identity theft;
  • discriminate against any person on grounds prohibited by the Promotion of Equality and Prevention of Unfair Discrimination Act or any other applicable law;
  • facilitate or engage in any unlawful activity, including human trafficking or prostitution;
  • harass, threaten, intimidate, or abuse other Members;
  • manipulate, fabricate, or incentivise reviews;
  • attempt to manipulate the Platform’s search algorithm;
  • share another Member’s personal information outside the Platform without consent or legal authority;
  • reverse-engineer, decompile, or attempt to extract the Platform’s source code.

 

 

8. Reviews

 

  1. After each completed Reservation, Guests and Accommodation Owners may submit reviews of each other through the Platform.
  2. Reviews must be honest, accurate, and must not contain unlawful, defamatory, discriminatory, or abusive content.
  3. Direct Booking does not verify the accuracy of reviews and accepts no liability for their content.
  4. Direct Booking reserves the right to remove reviews that violate these Terms or applicable law, without prior notice.

 

 

9. Payments

9.1 Payment Gateway

9.1       Direct Booking processes all payments through Paystack, a third-party payment gateway. By using the Platform, you acknowledge and accept that payment processing is subject to Paystack’s terms of service, available at paystack.com/terms.

9.1       Direct Booking is not responsible for errors, delays, or failures caused by Paystack or by banking institutions.

9.2 Appointment as Limited Payment Collection Agent

9.2       Each Accommodation Owner hereby appoints Direct Booking as their limited payment collection agent solely for the purpose of collecting Guest Funds and disbursing payouts.

9.2       Payment by a Guest to Direct Booking is deemed payment directly to the Accommodation Owner for purposes of the Agreement. The Accommodation Owner remains obliged to provide the Property as booked once payment is received.

9.2       In acting as payment collection agent, Direct Booking assumes no liability for the Accommodation Owner’s obligations to Guests.

9.2       Direct Booking guarantees payout to an Accommodation Owner only to the extent that Guest Funds have been successfully received and cleared.

9.3 Guest Payments

9.3       The Total Price is charged to the Guest’s payment method at or before the time of booking confirmation, as disclosed at checkout.

9.3       All amounts are denominated in South African Rand (ZAR) unless otherwise stated on the Platform.

9.4 Accommodation Owner Payouts

9.4       Payouts to Accommodation Owners are the Total Price, less the applicable Booking Fee and any taxes or deductions required by law.

9.4       Payouts are processed via Paystack. As at December 2024, Paystack’s automated payout schedule for ZAR settlements in South Africa is T+2 working days (i.e., 2 working days after the Guest’s payment has been processed). Payouts are not processed on weekends or South African public holidays. This schedule is determined by Paystack and is subject to change; the current schedule is published at support.paystack.com.

9.4       Direct Booking may delay or withhold a payout where:

  • a Guest has raised a Reservation Issue or material complaint within the notification period;
  • Direct Booking reasonably suspects fraud or a material breach of these Terms;
  • required by applicable law, court order, or regulatory authority;
  • the Accommodation Owner’s identity or banking details cannot be verified.

9.4       If a refund is due to a Guest after a payout has been released to an Accommodation Owner, Direct Booking may recover the refunded amount from the Accommodation Owner by deducting it from future payouts or by invoicing the Accommodation Owner directly.

9.5 Booking Fee

9.5       With effect from 1 January 2026, Direct Booking charges a Booking Fee of 10% (ten percent) of the Total Price per Reservation. The Booking Fee is deducted from the Accommodation Owner’s payout, from the Guest’s payment, or split between both, as disclosed on the Platform at the time of booking.

9.5       The Booking Fee is non-refundable, except as set out in Section 5.3.

9.5       Direct Booking may amend the Booking Fee on 30 days’ written notice to Members. Fee changes do not apply to Reservations confirmed before the effective date of the change.

 

 

10. Content

 

  1. Members may upload text, photographs, and other content (“Content”) to the Platform. By uploading Content, you grant Direct Booking a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and distribute that Content for the purposes of operating and promoting the Platform.
  2. You warrant that you own or hold all necessary rights in all Content you upload, and that such Content does not infringe any third party’s intellectual property, privacy, or other rights.
  3. You are solely responsible for all Content you upload.
  4. Direct Booking may remove any Content that violates these Terms or applicable law, without prior notice.
  5. All intellectual property in the Platform, including trade marks, software, and design elements, vests exclusively in Direct Booking.

 

 

11. Privacy and Protection of Personal Information

 

  1. Direct Booking processes personal information in accordance with POPIA and the Privacy Policy published at www.directbooking.co.za, which is incorporated into these Terms by reference.
  2. By using the Platform, Members consent to the collection and processing of their personal information for the purposes of operating the Platform, facilitating Reservations, and complying with legal obligations.
  3. Accommodation Owners who receive personal information about Guests through the Platform are themselves responsible for processing that information in compliance with POPIA.
  4. Members may exercise their rights under POPIA, including the right to access, correct, or object to the processing of their personal information, by contacting privacy@directbooking.co.za.

 

 

12. Disputes Between Guests and Accommodation Owners

 

  1. Direct Booking operates a Resolution Centre through which Guests and Accommodation Owners may raise complaints and damage claims arising from a Reservation.
  2. A party wishing to raise a complaint or claim must do so through the Resolution Centre within 14 days of the relevant Reservation’s check-out date.
  3. Direct Booking may, in its sole discretion, facilitate communication between the parties, request evidence, and take administrative action (including adjusting payouts). Direct Booking’s involvement is limited to facilitation; it is not an adjudicator and its decisions in the Resolution Centre do not constitute binding arbitration.
  4. Direct Booking is not a party to any dispute between a Guest and an Accommodation Owner and accepts no liability for the outcome of any such dispute.
  5. Either party may pursue formal legal remedies in accordance with Section 15 at any time, regardless of whether a Resolution Centre process has been initiated.

 

 

13. Suspension and Termination

 

  1. A Member may close their account at any time by written notice to Direct Booking via the Platform or at legal@directbooking.co.za.
  2. Direct Booking may terminate a Member’s account on 30 days’ written notice for any reason.
  3. Direct Booking may suspend or terminate a Member’s account immediately and without prior notice if the Member:
  • materially breaches these Terms;
  • violates applicable law;
  • provides fraudulent or materially false information; or
  • engages in conduct that Direct Booking reasonably believes poses a risk to Direct Booking, other Members, or third parties.
  1. Upon termination by an Accommodation Owner: confirmed Reservations will be cancelled and Guests refunded in full. Upon termination by a Guest: refunds will be governed by the applicable Cancellation Policy.
  2. Termination does not affect any rights or obligations accrued before the date of termination.
  3. Sections 2, 10, 11, 14, 15, and 16 survive termination of these Terms.

 

 

14. Disclaimers and Limitation of Liability

14.1 Disclaimer of Warranties

14.1     The Platform is provided “as is” and “as available”. To the maximum extent permitted by law, Direct Booking disclaims all warranties, express or implied, including any warranty as to accuracy of listings, suitability of a Property, fitness of any Member, or uninterrupted Platform availability.

14.1     Any identity or document verification (if conducted) confirms only that the process was completed and does not constitute a warranty as to a Member’s suitability, reliability, or trustworthiness.

14.1     Direct Booking does not warrant that any listing complies with applicable local laws.

14.2 Limitation of Liability

14.2     To the maximum extent permitted by South African law, Direct Booking (including its directors, employees, agents, and affiliates) is not liable for:

  • any indirect, incidental, special, consequential, or punitive loss or damage;
  • any personal injury, death, or property damage arising from a Reservation or a Guest’s use of a Property;
  • any loss arising from a Member’s reliance on information provided by another Member;
  • any loss arising from Platform unavailability, errors, or interruptions.

14.2     Direct Booking’s aggregate liability to any Member for any single claim arising from these Terms or use of the Platform shall not exceed:

  • to a Guest: the Total Price paid by that Guest for the specific Reservation giving rise to the claim;
  • to an Accommodation Owner: the payout amount received by that Accommodation Owner in the 12 months preceding the event giving rise to the claim;
  • to any other person: R1 000 (one thousand rand).

14.2     Nothing in these Terms excludes or limits Direct Booking’s liability for gross negligence, wilful misconduct, or fraud, or any liability that cannot lawfully be excluded, including under the CPA where applicable.

14.3 Indemnification

14.3     Each Member agrees to defend, indemnify, and hold harmless Direct Booking and its affiliates, directors, employees, and agents from and against any claims, losses, damages, and reasonable legal costs arising from:

  • the Member’s breach of these Terms;
  • the Member’s use of, or conduct on, the Platform;
  • the Member’s interaction with any other Member or participation in a Reservation;
  • the Member’s failure to comply with applicable law;
  • any Content uploaded by the Member.

14.4 Assumption of Risk

14.4     Each Member acknowledges that short-term accommodation transactions carry inherent risks and agrees that, to the maximum extent permitted by law, they assume all risks arising from their use of the Platform and participation in any Reservation.

 

 

15. Dispute Resolution

15.1 Governing Law

15.1     These Terms are governed by the laws of the Republic of South Africa.

15.2 Negotiation

15.2     Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of 10 business days from written notice of the dispute.

15.3 Arbitration

15.3     If a dispute is not resolved through negotiation, it shall be referred to and finally resolved by arbitration under the rules of the Arbitration Foundation of Southern Africa (“AFSA”) in force at the time of the dispute, which rules are incorporated into these Terms by reference.

15.3     The seat and venue of arbitration shall be Cape Town, South Africa. The proceedings shall be conducted in English.

15.3     The arbitral tribunal shall consist of one arbitrator agreed upon by the parties within 10 business days, or, failing agreement, appointed by AFSA.

15.3     The arbitral award shall be final and binding and may be made an order of court.

15.3     Either party may approach any court of competent jurisdiction for urgent or interim relief without this constituting a waiver of the right to arbitrate.

15.3     This arbitration clause does not prevent a consumer Guest from exercising statutory rights under the CPA, including referral of a complaint to the National Consumer Commission or a Consumer Court.

 

 

16. Modifications to These Terms

 

  1. Direct Booking may amend these Terms at any time. Material changes will be notified to Members by email or Platform notification at least 30 days before they take effect.
  2. Your continued use of the Platform after the effective date of any amendment constitutes acceptance of the amended Terms.
  3. If you do not accept an amendment, you must cease using the Platform and close your account before the effective date.

 

 

17. General Provisions

 

  1. Entire Agreement: These Terms, together with the Privacy Policy and any policies incorporated by reference, constitute the entire agreement between Direct Booking and each Member regarding use of the Platform and supersede all prior agreements.
  2. Severability: If any provision is held invalid or unenforceable, it will be severed and the remaining provisions will continue in full force.
  3. No Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
  4. Assignment: Direct Booking may assign its rights and obligations under these Terms to any successor or affiliate on 30 days’ notice. Members may not assign their rights without Direct Booking’s prior written consent.
  5. Force Majeure: Direct Booking is not liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, load-shedding, cyberattacks, or government action.
  6. Notices: Notices to Direct Booking must be sent to legal@directbooking.co.za. Direct Booking will send notices to Members at the email address registered on their account.
  7. ECT Act s43 Disclosure: Direct Booking’s full name, registration number, and physical address are published on the Platform in accordance with section 43 of the ECT Act.
  8. Language: These Terms are in English. In the event of any conflict with a translation, the English version prevails.

 

Direct Booking (Pty) Ltd  |  www.directbooking.co.za  |  legal@directbooking.co.za

Last updated: 1 August 2025