Thaton Stays by Thaton Property

Legal

Terms of Service

Effective date
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1. Introduction

These Terms of Service (“Terms”) govern your use of the Thaton Stays website, booking platform and related services.

By accessing the website, creating an account, making a reservation or using any Thaton Stays service, you agree to these Terms.

If you do not agree with these Terms, you should not use the platform.

2. About Thaton Stays

Thaton Stays provides an online platform through which guests can browse participating residences, check availability, make reservations and manage certain aspects of their stay.

Individual residences may have different prices, rules, amenities, availability and booking conditions.

3. Eligibility

You must be legally capable of entering into a binding agreement to make a reservation.

You are responsible for ensuring that the information supplied during booking is complete and accurate.

You are also responsible for the conduct of any guests included in your reservation.

4. Reservations

A reservation is not confirmed merely because a booking form has been submitted.

A reservation becomes confirmed only when Thaton Stays' systems record the required payment and issue confirmation of the reservation.

Availability is subject to change until the booking has been successfully completed.

Where the website allows you to select a specific apartment or residence, the booking will apply to the residence identified in the confirmed reservation.

5. Pricing

Prices displayed on the website are provided in the currency indicated during booking.

The amount payable will be shown before payment.

Prices may change before a reservation is completed. Once a reservation is confirmed, the price recorded in the confirmed reservation will govern the booking, subject to any authorised amendment.

6. Payments

Payments may be processed by an independent payment gateway or financial-service provider.

By submitting a payment, you agree that relevant transaction information may be transmitted to the applicable provider for processing.

Thaton Stays does not guarantee the continuous availability of any particular payment network, bank, card scheme or mobile-money platform.

A payment will only be treated as received when it has been verified by Thaton Stays' payment records or confirmed through the relevant payment provider.

7. Third-Party Services

Thaton Stays uses third-party services in providing the platform. These may include payment processors, banks, telecommunications providers, cloud providers, hosting services, authentication providers, email services and other technology suppliers.

These companies operate systems that are independent of Thaton Stays.

Your use of a third-party service may be subject to separate terms imposed by that provider.

8. Third-Party Data Breaches and Cyber Incidents

Thaton Stays takes reasonable precautions in relation to systems under its control.

However, to the maximum extent permitted by law, Thaton Stays shall not be liable for any loss, damage, unauthorised disclosure, misuse of information, account compromise, interruption, fraud or other consequence arising from a cyberattack, data breach, security vulnerability, system failure or unauthorised access occurring solely within the systems of an independent third-party provider and outside Thaton Stays' reasonable control.

This limitation includes incidents involving payment providers, financial institutions, banks, telecommunications networks, cloud-hosting companies, email services, authentication services or other external platforms.

Thaton Stays is not responsible for the security architecture, internal controls or security failures of independent third-party systems.

Nothing in these Terms is intended to exclude liability that cannot lawfully be excluded.

9. Cancellations and Refunds

Cancellation and refund rights may vary depending on the residence, booking type and cancellation conditions displayed or communicated when the reservation is made.

Where a refund is approved, the timing of the refund may depend on the payment provider, bank or financial institution involved.

Thaton Stays is not responsible for delays caused solely by a third-party payment or banking provider after a refund has been properly initiated.

10. Guest Responsibilities

Guests must use residences responsibly and comply with applicable house rules, occupancy limits, security requirements and lawful instructions.

Guests may be responsible for loss or damage caused by themselves or persons included in their booking.

Illegal, dangerous, abusive or disruptive conduct may result in termination of a stay without entitlement to compensation where permitted by law.

11. Accounts

You are responsible for maintaining the confidentiality of your account and login credentials.

You must not attempt to access another user's account or restricted administrative areas.

Thaton Stays may suspend or restrict an account where there is reasonable suspicion of fraud, unauthorised access, misuse, security risk or violation of these Terms.

12. Website Availability

We aim to keep the website and booking system available, but uninterrupted access is not guaranteed.

Maintenance, outages, internet failures, third-party provider failures, cyber incidents or circumstances beyond our reasonable control may temporarily interrupt the service.

We may modify, suspend or replace portions of the platform where reasonably necessary.

13. Accuracy of Information

We endeavour to ensure that property descriptions, photographs, amenities, prices and availability are accurate.

Minor differences may occur between photographs, descriptions and the actual property because of maintenance, furniture replacement, repairs, upgrades or other operational changes.

Material errors discovered before a booking is confirmed may be corrected.

14. Intellectual Property

The Thaton Stays website, branding, text, graphics, software, photographs and other content are owned by or licensed to Thaton Stays or Thaton Property unless otherwise stated.

You may not reproduce, distribute, scrape, copy or commercially exploit such content without permission.

15. Prohibited Use

You may not use the platform to commit fraud, interfere with security systems, attempt unauthorised access, introduce malware, scrape protected information, manipulate payment processes, impersonate another person or engage in unlawful activity.

We reserve the right to investigate and restrict activity reasonably suspected of threatening the platform or its users.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Thaton Stays will not be liable for indirect, incidental, special, consequential or punitive losses arising out of use of the website or services.

Where Thaton Stays is legally liable in connection with a booking, and where applicable law permits limitation, aggregate liability shall not exceed the amount actually paid to Thaton Stays for the booking giving rise to the claim.

Thaton Stays will not be liable for circumstances beyond its reasonable control, including telecommunications failure, internet outages, utility interruptions, government action, extreme weather, natural disasters, labour disruption, cyberattacks against independent providers or failure of third-party payment, banking, hosting or technology infrastructure.

These limitations do not apply where applicable law prohibits such limitation.

17. Indemnity

To the extent permitted by law, you agree to indemnify and hold Thaton Stays harmless from claims, losses or expenses arising from your unlawful use of the platform, breach of these Terms, damage caused during your stay or violation of the rights of another person.

18. Privacy

Use of personal information in connection with the platform is governed by the Thaton Stays Privacy Policy.

19. Governing Law

These Terms are governed by the laws applicable in Zimbabwe, unless mandatory law requires otherwise.

Any dispute arising from these Terms or use of the platform shall be subject to the jurisdiction of the competent courts of Zimbabwe, unless the parties agree to another lawful dispute-resolution process.

20. Changes to These Terms

Thaton Stays may update these Terms from time to time.

The version published on the website at the time of a transaction will generally apply to that transaction unless otherwise required by law.

21. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect.

22. Contact

For questions concerning these Terms:

Thaton Stays
Thaton Property
Harare, Zimbabwe
Email: support@thatonstays.co.zw