MidTermStays — Standard Terms and Conditions

Last updated: 22 June 2026

1. The Company

Legal name: Guest House Accommodation of South Africa CC Registration number: 2006/203297/23 (close corporation under the Close Corporations Act 69 of 1984) Member: David Nurick (sole member) Trading as: MidTermStays Registered / postal address: 9 Zastron Road, Milnerton, Cape Town, Western Cape, 7441

In these Terms, “MidTermStays” and “the Company” refer to Guest House Accommodation of South Africa CC in its capacity as operator of the MidTermStays platform. When MidTermStays is later registered as its own dedicated entity, these Terms will be updated and Users notified of the transfer of operator.

Contact:

• Anything regarding these Terms, any legal request, ECTA s.77 notice & takedown: legal@midtermstays.co.za (primary)
• General business enquiries (not legal): info@midtermstays.co.za
• Customer support (account, bookings, platform issues): support@midtermstays.co.za
• Privacy / POPIA data subject requests: privacy@midtermstays.co.za (routes to legal@ during initial operation)
• Website: https://midtermstays.co.za

2. About this Agreement

These Standard Terms and Conditions (the “Terms”) form a binding legal agreement between you and MidTermStays. They govern your access to and use of midtermstays.co.za (the “Site”), the related services (the “Services”), and the content available on or through the Site (the “Collective Content”, which includes all content posted by Users and content created or curated by MidTermStays).

These Terms apply whether you visit the Site, register an Account, list a property as an Owner, search or book as a Tenant, or otherwise interact with the Services in any capacity. Please also read our Privacy Policy carefully — it forms part of these Terms.

By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

If you agree to these Terms on behalf of a company or other legal person, you represent and warrant that you have authority to bind that entity. In that case “you” and “your” refer to that entity.

3. MidTermStays’ role — what we do and what we do NOT do

This section is the heart of these Terms and the basis on which the rest of the document must be read.

3.1 What MidTermStays IS

MidTermStays is a marketing and lead-generation marketplace for furnished mid-term residential rentals (1 to 6 months) in South Africa. Our role is limited to:

• Operating the Site and the Services
• Marketing and displaying listings supplied by Owners
• Providing a search and enquiry function for Tenants
• Applying fraud filters to listings (this is not an endorsement — see §3.3 below)
• Facilitating a one-time, secure first-month payment from the Tenant to the Owner through a regulated third-party payment processor
• Connecting Owners and Tenants, on request, to optional third-party tenant-vetting and lease-template service providers

That is the full scope of our role.

3.2 What MidTermStays is NOT

MidTermStays is NOT, and accepts no liability or obligation as if it were:

• A party to any rental agreement between an Owner and a Tenant
• A landlord, sub-lessor, head-lessee, or property manager
• An estate agent or “property practitioner” within the meaning of the Property Practitioners Act 22 of 2019
• The collector, holder or trustee of any deposit
• The vetting authority for Tenants (a third-party partner provides vetting, on the Owner’s request, at additional cost)
• The drafter, signatory, witness or enforcer of any lease (a sample mid-term lease template may be made available to Users through a third-party we work with, but the template is a starting point only — see §7.6, §14.5 and §15.9 — and Owner and Tenant must engage their own attorneys to draft, review, and finalise their Lease)
• The collector of rent beyond the first-month payment described in §7
• A property inspector, cleaner, photographer, channel manager, or operational manager of any listed property
• The handler of complaints, repair requests, maintenance issues, or disputes arising during a Tenant’s occupation — those are between the Owner and the Tenant under the lease
• An adjudicator of disputes between Owners and Tenants (we may facilitate communication where reasonably practicable; we do not adjudicate)
• An insurer of any property, payment or person

3.3 No endorsement

We do not endorse any User, Owner, Tenant, listing or property. Any “fraud-screened” marker, fraud filter, or identity check that MidTermStays applies — or that an optional third-party service provider applies on a User’s request — is a fraud-prevention function only. It is not a guarantee of identity, title, condition, safety, suitability, or legality. Users must conduct their own due diligence on any counterparty and any property before entering into a lease.

3.4 The lease is between Owner and Tenant

Where these Terms refer to a “Lease” or “rental agreement”, that is the agreement between the Owner and the Tenant for the occupation of the property. MidTermStays is never a party to that agreement. The rights, obligations, deposit handling, term, renewal, cancellation, dispute resolution, and remedies under the Lease are matters between the Owner and the Tenant, governed by the Lease itself and applicable South African law.

4. Acceptance, modifications and eligibility

4.1 Acceptance

By accessing or using the Site or Services you accept these Terms. If you do not accept them, you have no right to use the Site or Services.

4.2 Modifications

We may modify these Terms from time to time. When we do, we will post the updated Terms on the Site and update the “Last updated” date.

• Material adverse changes (changes that materially decrease a User’s rights or materially increase a User’s obligations — including changes to the marketing fee, the liability cap, the cancellation regime, or the off-platform circumvention rules) take effect 30 days after notice is sent by email to the User’s registered address. During that 30-day notice period the User may terminate without penalty by closing their Account; existing confirmed bookings are honoured.
• Non-material changes (clarifications, additions of optional add-on services, corrections, statutory updates) take effect on posting.
• Continued use of the Site or Services after the effective date constitutes acceptance of the updated Terms.

4.3 Eligibility

The Site and Services are intended for natural persons aged 18 years or older and for legal entities lawfully represented by an authorised natural person. By using the Site or Services you represent and warrant that you meet these requirements.

4.4 User verification

We may, directly or through third-party service providers, ask Users to provide identity documents, address verification, employment verification, or other information; perform fraud screens; and check Users against third-party databases. These checks are conducted for fraud prevention and platform integrity. They are not an endorsement of any User, and they do not transfer to MidTermStays any responsibility for the conduct, identity, trustworthiness, suitability or background of any User.

5. Account registration

5.1 Creating an Account

You must register an Account (“MidTermStays Account“) to list a property, send enquiries, or book. You may register an Account for yourself or for a legal entity you are authorised to bind.

You agree to provide accurate, current and complete information at registration and to keep it accurate while your Account is active. Inaccurate, fraudulent, outdated or incomplete information is grounds for suspension or termination of your Account.

You may not have more than one active MidTermStays Account.

5.2 Account security

You are responsible for keeping your Account credentials secret and for any activity that occurs through your Account. You agree to notify us immediately at support@midtermstays.co.za if you suspect unauthorised use of your Account.

5.3 Authority to act for an entity

If you register an Account on behalf of an entity, you warrant that you have authority to bind that entity, and these Terms apply to that entity.

5.4 Cross-reference to the Privacy Policy

Your Account information is processed in accordance with our Privacy Policy. The categories of data collected, the lawful bases, and your data-subject rights are set out in the Privacy Policy.

5.5 Booking on behalf of another natural person (corporate / agent bookings)

Where you create an Account or make a booking on behalf of another natural person (for example, a corporate-relocation manager booking accommodation for an executive, an HR or mobility administrator booking for an employee, or a personal assistant booking for a principal), you warrant that:

• You have express authority to bind that natural person to these Terms and to the Lease as the Tenant
• The natural person whose name appears as Tenant is the person who will occupy the property
• You have provided that natural person with copies of these Terms, the Privacy Policy, and the Owner’s house rules and cancellation policy before the booking is confirmed
• The booking person and the Tenant are jointly and severally liable to the Owner in respect of the Lease (rent, deposit, damages, overstay) and to MidTermStays in respect of these Terms

The data-subject rights of the actual Tenant under POPIA are exercised by the Tenant, not by the booking person. MidTermStays may at any time require direct confirmation from the Tenant of consent and accuracy of profile data.

6. Term, termination and suspension

6.1 Term

These Terms apply for as long as you have a MidTermStays Account or otherwise use the Site or Services.

6.2 Termination for convenience (by you)

You may terminate these Terms at any time by closing your Account through the Site or by emailing support@midtermstays.co.za.

• If you are an Owner and you close your Account, any confirmed bookings must be honoured to their move-in date (or you must reach a mutually agreed cancellation with the Tenant). MidTermStays’ marketing fee on confirmed bookings remains payable.
• If you are a Tenant and you close your Account before move-in, any confirmed booking will be cancelled and refunds will be applied per the cancellation policy that applied to that listing (see §8).

6.3 Termination for convenience (by us)

We may terminate these Terms with you for convenience by giving you 30 days’ notice by email.

6.4 Termination, suspension and the sanction ladder

We may take action against your Account where you have breached these Terms or where action is reasonably necessary to protect the safety or property of other Users, MidTermStays, or third parties.

Sanction ladder. The sanction we apply depends on the nature and severity of the breach.

Trigger	Sanction
Fraud, identity misrepresentation, off-platform circumvention, unlawful discrimination, fake or misleading listings, payment-card abuse, or any conduct that endangers another User’s safety or property	Immediate permanent ban, no warning
Multiple unresolved deposit complaints from Tenants (3 or more in any 12-month period)	Listing flagged → 30-day suspension → permanent ban on the next confirmed complaint
Repeated post-confirmation cancellations by an Owner (3 or more in any 12-month period)	30-day suspension → permanent ban on the next confirmed instance
Repeated minor breaches of these Terms (late responses, incomplete profile, breaches of conduct standards)	Written warning → 30-day suspension on second breach → permanent ban on third
House-rules-related discrimination or harassment of a Tenant	30-day suspension on first confirmed complaint; permanent ban on second

 

Procedural fairness. Where we suspend or permanently ban an Account, we will provide written reasons within 5 business days of the action. The affected User has the right to make written representations to legal@midtermstays.co.za within 10 business days of receiving the reasons, and MidTermStays will reconsider its decision in good faith.

Lesser action. We may also take lesser action short of suspension or termination — such as deactivating a single listing, cancelling a pending booking, removing User Content, requiring re-verification, or limiting Account features — where we reasonably believe such action is appropriate. Lesser actions are still subject to the written-reasons requirement above.

Confirmed bookings already paid. Where we suspend or terminate an Owner Account, confirmed bookings already paid through the platform are honoured to first-month payout (or, where appropriate, the Tenant is refunded under §8.5 and the marketing fee reversed).

6.5 Consequences

On termination of an Account, we are not obliged to delete or return any User Content. You will not be entitled to a restoration of your Account or any associated content, and you may not register a new Account to circumvent a termination.

6.6 Survival

The provisions of these Terms that, by their nature, should survive termination — including §3 (Role), §10 (Disclaimer and Limitation of Liability), §11 (Notices), §12 (Governing Law), §16 (Members’ Conduct), §20 (Privacy), §21 (Intellectual Property), and §27 (General Legal) — will survive.

7. Fees and payment facilitation

7.1 The marketing fee — not a commission

MidTermStays charges a marketing fee of 7.5% of the first month’s rent of each confirmed booking. The marketing fee is the only fee charged by MidTermStays in v1. It is taken once per booking, from the first-month payment.

The marketing fee is deliberately and structurally not a commission, an agency fee, a brokerage fee or a property-management fee, and these Terms are to be construed accordingly. MidTermStays does not act as the Owner’s agent in respect of any rental and is not party to the Lease.

7.2 How the first-month payment works

Once the Owner confirms a booking, the Tenant pays the first month’s rent to a regulated third-party payment processor that MidTermStays uses from time to time. The payment processor acts as a separate responsible party under POPIA in respect of card data and operates under its own applicable financial-services regime. MidTermStays does not hold rent in a fiduciary capacity, does not operate a property-trust account, and does not act as an estate agent or property practitioner. MidTermStays may change payment processors from time to time without notice to Users, provided the change does not materially reduce User protections.

On receipt of the first-month payment by the payment processor:

1. The Tenant’s first-month rent obligation under the Lease is extinguished as against the Owner.
2. The marketing fee of 7.5% is deducted by MidTermStays.
3. The net first-month payment is released to the Owner’s nominated bank account on the payout cycle described below.

Payout cycle. MidTermStays releases the net first-month payment to the Owner’s nominated bank account on the first Thursday that falls at least 24 hours after the Tenant’s scheduled check-in time. MidTermStays operates a single weekly payout run on Thursdays.

• Example 1: Tenant checks in on a Monday at 14:00. Payout is released on the Thursday of the same week.
• Example 2: Tenant checks in on a Thursday at 14:00 (the same day as the regular run). Payout is released on the following Thursday (because we require at least 24 hours since check-in and only run payouts on Thursdays).
• Example 3: Tenant checks in on a Friday. Payout is released on the following Thursday.

The 24-hour window between check-in and payout gives the Tenant a brief opportunity to flag a materially misrepresented property under §15.16. Where a Tenant raises a documented complaint of material misrepresentation within that window, MidTermStays may suspend the payout pending good-faith resolution between the parties (see §15.21).

7.3 Subsequent months

From month 2 onwards, the Tenant pays the rent directly to the Owner in accordance with the Lease. MidTermStays has no role in any subsequent payment. The Owner is responsible for collection of subsequent rent; the Tenant is responsible for payment of it.

7.4 Deposit

MidTermStays does not collect, hold, or refund the deposit. The deposit is set by the Owner, paid by the Tenant directly to the Owner (or to a trust account nominated by the Owner where required by law), held by the Owner, and refunded by the Owner subject to the terms of the Lease. The Rental Housing Act 50 of 1999 s.5(3) interest-bearing-account requirement, where applicable, is a matter for the Owner to comply with.

7.5 VAT

The marketing fee is VAT-exclusive. Where MidTermStays is registered for VAT, VAT will be added to the marketing fee on the invoice; where MidTermStays is not registered, no VAT is charged. A tax invoice will be issued to the Owner with each payout.

7.6 Optional third-party fees

Optional tenant vetting. Where MidTermStays facilitates a tenant-vetting check, that check is performed by an independent third-party vetting provider that MidTermStays works with from time to time. Any fee for vetting is between the User who orders the check and the vetting provider directly. MidTermStays’ role is limited to referral and (with consent) the transmission of the necessary profile data.

Optional Lease template — use at your own risk. A sample mid-term Lease template may be made available to Users through a third-party we work with (often the vetting provider). The template is offered as an option only, as a possible starting point. It is not legal advice. MidTermStays does not draft, supply, review, warrant, witness, sign, hold, or enforce any Lease.

By choosing to use the template, you expressly agree that:

• You use the template entirely at your own risk and at your sole discretion
• MidTermStays makes no representation or warranty of any kind, express or implied, as to the template’s suitability, legality, completeness, accuracy or fitness for any purpose
• MidTermStays accepts no liability for any loss, damage, dispute, claim or cost that arises from your use of the template, the Lease you produce from it, or any provision of that Lease
• You are responsible for engaging your own attorney to review, customise, and finalise the Lease for your specific property, parties, and circumstances
• The Lease you actually sign with your counterparty must still satisfy Annex A (Minimum Lease Content Checklist)

If you do not agree to use the template on these terms, do not use it. Engage your own attorney to draft your Lease from scratch. The 7.5% marketing fee applies regardless of whether you use the template.

MidTermStays may change or withdraw the third-party vetting and lease-template providers from time to time without notice to Users.

7.7 Recovery of amounts owed to MidTermStays

Where any amount owed to MidTermStays (including the marketing fee, any reversed payout, or any other fee under these Terms) is overdue, MidTermStays may charge interest at the prime lending rate published from time to time by the South African Reserve Bank plus 3% (three percent) per annum, calculated from the due date to the date of full payment. Where MidTermStays incurs legal costs to recover any overdue amount, the User responsible for the debt is liable for those legal costs on the scale as between attorney and own client. A certificate signed by an authorised representative of MidTermStays is prima facie proof of the amount owed and the rate of interest applicable.

8. Cancellation, refunds and no-show

8.1 Listing cancellation policy

Each listing displays a cancellation policy set by the Owner (subject to a platform minimum that may be published from time to time). The cancellation policy forms part of the Lease and is between the Owner and the Tenant. The Owner is responsible for ensuring the cancellation policy is consistent with applicable law, including the Consumer Protection Act 68 of 2008.

8.2 Owner cancellation after confirmation

If an Owner cancels a confirmed booking, or withdraws the listing, before the Tenant takes occupation:

• The full first-month payment is refunded to the Tenant
• The marketing fee is reversed (no fee is retained by MidTermStays)
• The Owner is liable to the Tenant for any reasonable consequential costs as may be agreed between them or determined under the Lease and applicable law

8.3 Tenant cancellation after confirmation

If a Tenant cancels a confirmed booking before taking occupation, the refund treatment follows the cancellation policy of the listing. The marketing fee is retained by MidTermStays where the booking was confirmed and the marketing function was performed, except where the cancellation policy expressly provides otherwise.

8.4 Tenant no-show

If a Tenant pays the first month and then fails to take occupation, the marketing fee is retained, the Owner receives the net first-month payment in accordance with §7.2, and the Owner’s recourse for any further rent or losses is under the Lease — not against MidTermStays.

8.5 MidTermStays cancellation

In the rare cases described in §6.4 (suspected fraud, breach, regulatory action) we may cancel a confirmed booking. Where we do, we will refund the Tenant in full and reverse the marketing fee, and we will not be liable for any further loss either party suffers.

8.6 Booking modifications during a stay

Where the Owner and Tenant wish to extend or vary the booking after move-in (extended end date, additional occupants within the listed occupancy, change of monthly rent, mid-stay early termination, etc.), this is a matter between the Owner and the Tenant under the Lease. The Owner and Tenant should record the variation in writing as an addendum to the Lease.

MidTermStays is not a party to any mid-stay variation. Where a variation extends the stay materially beyond the original term in a way that effectively constitutes a new booking (for example, an open-ended extension with a fresh first-month payment), MidTermStays may, at the Owner’s election, treat the variation as a new booking to which a new marketing fee may apply on the new first-month rent. MidTermStays’ role in such a new booking is limited to facilitating the new first-month payment via the payment processor; the underlying Lease variation remains between Owner and Tenant.

Where a Lease is shortened early by mutual agreement after move-in, MidTermStays’ marketing fee (having been earned on the original booking) is not refunded.

9. Force majeure / disruptive events

Neither party is liable for failure to perform under these Terms (or under any Lease facilitated through the Services, as between Owner and Tenant) where the failure is caused by events outside that party’s reasonable control — including (without limitation) acts of God, natural disasters, pandemics or epidemics, civil unrest, war, terrorism, fire, flood, explosion, infrastructure failure (including extended electricity load-shedding or water shortage), government action, regulatory restriction, sanctions, strikes, lockouts, or industry-wide labour disruption.

9.1 Force-majeure event before move-in

Where a disruptive event prevents a confirmed booking from being honoured before move-in:

• MidTermStays will refund the first-month payment to the Tenant, net of any irrecoverable third-party processor fees
• The marketing fee will be reversed
• Neither MidTermStays nor the Owner is liable to the Tenant for any further loss arising from the cancellation, save to the extent the Lease provides otherwise

9.2 Force-majeure event mid-stay

Where a disruptive event renders the property unusable or substantially impairs the Tenant’s occupation during the stay:

• The pro-rata refund of subsequent months’ rent is a matter between the Owner and the Tenant under the Lease (MidTermStays is not the holder of those funds and is not the refunding party)
• The Owner and Tenant may, by mutual written agreement, terminate or vary the Lease without further consequences as between them under these Terms
• The marketing fee already received by MidTermStays on the first-month payment is not refundable

9.3 Reasonable substitution

The Owner may (with the Tenant’s written consent) offer alternative accommodation of materially equivalent standard. MidTermStays may, at its discretion, support communication between the parties about a substitution but does not arrange or guarantee any substitute property.

10. Disclaimer, limitation of liability and indemnification

10.1 Disclaimer / your own risk

To the maximum extent permitted by law, your use of the Site, Services and Collective Content is at your own risk. The Site, Services and Collective Content are provided “as is” and “as available” without warranty of any kind, express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose, accuracy, completeness, quiet enjoyment, or non-infringement.

MidTermStays does not warrant:

• The conduct of any Owner, Tenant or third party
• The condition, legality, title, suitability, safety or accuracy of any listing or property
• The accuracy or completeness of any review, rating or User-submitted content
• The continuous, uninterrupted, secure or error-free operation of the Site or Services

10.2 Limitation of liability

Subject to any liability that cannot be excluded by law (including under the Consumer Protection Act 68 of 2008 and POPIA s.99) and to the maximum extent permitted by law:

• MidTermStays will not be liable for any indirect, incidental, special, consequential or exemplary damages, including (without limitation) loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption, or substitute services, arising out of or in connection with these Terms, the Site, the Services, the Collective Content, any Lease, or any conduct of an Owner, Tenant or third party.
• MidTermStays will not be liable for any personal injury, illness, emotional distress, property damage, theft, or death arising out of any Lease or any conduct of an Owner, Tenant or third party.
• Where MidTermStays is found liable for direct loss to a User in respect of a specific booking, MidTermStays’ liability to that User is capped at the value of the marketing fee MidTermStays charged on the booking giving rise to the claim — being 7.5% of the first month’s rent of that booking. This cap applies per claim and in aggregate.

This cap does not apply to liability that cannot lawfully be excluded or limited — including liability for gross negligence, wilful misconduct, fraud, death or personal injury caused by MidTermStays’ own act or omission, or any liability that the Consumer Protection Act or POPIA expressly preserves.

10.3 Indemnification

You agree to indemnify MidTermStays and its members, officers, employees, agents and affiliates against any claim by a third party, and any reasonable cost or expense (including reasonable legal fees on the attorney-and-own-client scale) MidTermStays incurs in respect of such a claim, where the claim arises out of:

• Your breach of these Terms or any policy expressly incorporated into them
• Your User Content (where the claim is that the Content infringes a third-party right or is unlawful)
• Any misrepresentation by you to MidTermStays, to another User, or to a third-party vetting or lease-template provider
• Your conduct (or the conduct of a visitor or co-occupant you bring onto the property) that breaches the Lease, a house rule, or applicable law
• Your listing of a property you do not own or have authority to let (if you are an Owner)
• Your downstream processing of another User’s Personal Information in breach of POPIA (if you are an Owner — see §14.9)
• Any unlawful conduct of yours arising out of your use of the Services

The indemnity does not cover claims arising out of MidTermStays’ own gross negligence, wilful misconduct, fraud, or breach of these Terms. Nothing in this clause requires you to indemnify MidTermStays on terms that are unfair, unreasonable or unjust under the Consumer Protection Act 68 of 2008.

11. Notices

Notices to MidTermStays must be sent to legal@midtermstays.co.za with a copy to support@midtermstays.co.za. Notices to a User will be sent to the email address on that User’s MidTermStays Account.

Notices between an Owner and a Tenant (including notices under the Lease) are between them directly — MidTermStays is not the recipient, conduit or arbiter of those notices and is not bound by them.

12. Governing law and jurisdiction

These Terms and any non-contractual obligations arising out of them are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town, save that MidTermStays may bring proceedings in any other court with jurisdiction over a User.

Nothing in this clause limits any right of a User under the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002 that cannot be excluded by agreement.

13. Tax responsibilities and FICA

13.1 Tax

Each User is solely responsible for their own tax position arising out of any rental or transaction facilitated through the Services. Without limitation:

• Owners are responsible for income tax, VAT (where applicable), and any municipal tourism levies or rates applicable to the property
• Tenants are responsible for any tax obligations applicable to them
• MidTermStays does not withhold or remit any tax on behalf of any Owner or Tenant in respect of rent
• MidTermStays’ marketing fee is treated for tax purposes as a fee for marketing and lead-generation services rendered by MidTermStays to the Owner

13.2 FICA — MidTermStays is not an accountable institution

MidTermStays is not an accountable institution under Schedule 1 of the Financial Intelligence Centre Act 38 of 2001 (“FICA”) and does not perform FICA know-your-customer or reporting obligations in respect of rent or deposit flows. The regulated payment processor MidTermStays uses to facilitate the first-month payment is the FICA-accountable party for the card-payment transaction it processes.

Owners and Tenants remain responsible for compliance with any FICA obligations applicable to their own dealings (for example, where a Tenant is a foreign national subject to enhanced due-diligence requirements in a transaction with an SA-based Owner).

14. Terms specific to Owners

These Terms specific to Owners apply if you list a property on the Site. They form part of the broader Terms.

14.1 Eligibility to list

You warrant that:

• You are the registered owner of the property OR you have written authority from the registered owner to let it on a mid-term basis through MidTermStays
• The property may lawfully be let for the proposed length, including any homeowners’ association, sectional-title body corporate, lease, mortgage, zoning or municipal-bylaw restriction
• You will provide on request supporting documentation of authority to let

14.2 Listing accuracy

You are solely responsible for the accuracy of your listing — description, photographs, rent, availability, house rules, amenities, location, deposit amount, cancellation policy, and all other particulars. You must keep your listing current. You must not list a property you do not have authority to let.

14.3 Fraud-screening, not endorsement

Any “fraud-screened” or similar marker on a listing means only that MidTermStays has applied a fraud-prevention check — for example, confirming that the listing is not a known scam pattern and that the Owner has supplied minimum supporting documentation of authority to let. It is not an endorsement, certification, warranty, or guarantee of identity, title, condition, suitability, safety, legality, or financial standing. Tenants must conduct their own due diligence on the Owner and the property before entering into the Lease.

14.4 Owner sets the deal

You set the rent, the deposit, the lease length (within the 1–6 month range), the house rules, the cancellation policy (where the listing permits it), the tenant criteria (subject to anti-discrimination — see §17), and the check-in arrangements. MidTermStays does not advise on, approve, or guarantee any of these.

14.5 The Lease is between Owner and Tenant

When a Tenant books your property, the Lease is between you and the Tenant. MidTermStays is not a party. You are responsible for the Lease. A sample template may be made available through a third-party we work with (see §7.6) as an option only. By choosing to use the template you expressly agree that you use it at your own risk and that MidTermStays accepts no liability for the template, the Lease you produce from it, or any consequence of either. If you do not agree to those terms, do not use the template — engage your own attorney to draft your Lease. Whichever route you choose, the Lease must satisfy Annex A.

14.6 Deposit handling

You set, collect, hold, and refund the deposit. MidTermStays does not touch the deposit. Where the Rental Housing Act 50 of 1999 s.5(3) interest-bearing-account requirement applies, compliance is your responsibility.

14.7 First-month payment and marketing fee

The first-month payment from the Tenant is processed as set out in §7. You receive the net first-month payment (less the 7.5% marketing fee) within the payout cycle described in §7.2. From month 2 onwards, the Tenant pays you directly under the Lease.

14.8 Marketing fee is earned on booking confirmation

The marketing fee is earned by MidTermStays on confirmation of a booking and is non-refundable to the Owner save in the circumstances described in §§8.2, 8.5 and 9.

14.9 Owner is an independent responsible party under POPIA

Once you receive a Tenant’s contact details or profile information through the Services, you are an independent responsible party under the Protection of Personal Information Act 4 of 2013 in respect of any further processing of that information for your own purposes (your CRM, communications, screening, lease admin, onward disclosure). MidTermStays does not control or audit your downstream processing and accepts no liability for your POPIA compliance.

As an independent responsible party, you specifically warrant and undertake that:

• You will process Tenant Personal Information only for purposes reasonably necessary to manage the booking, the Lease, and your reasonable post-tenancy administration (tax records, dispute records, RHA-mandated retention)
• You will apply reasonable technical and organisational security measures to protect Tenant Personal Information against loss, unauthorised access, disclosure, alteration or destruction (POPIA s.19)
• You will notify MidTermStays at privacy@midtermstays.co.za within 24 hours of becoming aware of any security compromise affecting Tenant Personal Information received through the Services, so that MidTermStays may notify the Information Regulator and the affected Tenant where required (POPIA s.22)
• You will not retain Tenant Personal Information beyond the period reasonably necessary for the lawful purpose for which it was collected, unless retention is required by law (POPIA s.14)
• You will not share Tenant Personal Information with any third party except as necessary for the booking, the Lease, or as required by law, and where you do share, you will impose written confidentiality and purpose-limitation obligations on the recipient
• You will respond promptly and in good faith to any data-subject request from a Tenant whose Personal Information you hold, including requests for access, correction, or deletion under POPIA s.23–s.25

14.10 Vetting is optional and third-party

MidTermStays does not vet Tenants. If you order the optional third-party vetting service, the vetting outcome is a tool to inform your booking decision. The booking decision remains yours. MidTermStays does not warrant the vetting result.

14.11 Communication during the stay is between Owner and Tenant

Maintenance, repairs, complaints, breach of house rules, deposit disputes, and all other operational matters during the stay are between you and the Tenant. MidTermStays is not the channel for, or arbiter of, these matters.

14.12 Eviction

If a Tenant overstays, refuses to leave, or otherwise breaches the Lease, eviction is your responsibility, conducted via lawful process (see the Statutory Notices in §25). MidTermStays does not participate in, advise on, or assist with any eviction.

14.13 Owner’s tax obligations

Income tax, VAT (where applicable), and any municipal tourism levies or rates are the Owner’s responsibility. MidTermStays does not withhold or remit tax on the Owner’s behalf.

14.14 No off-platform circumvention

You will not solicit, encourage, or accept payment from a Tenant outside the Site or Services with the intent of avoiding the marketing fee. This restriction applies for the duration of your use of the Services and for a period of 90 days after any booking or enquiry between you and a Tenant who first contacted you through the Platform.

Breach of this clause constitutes a material breach of these Terms. Without limiting MidTermStays’ other remedies (including suspension or permanent termination of your Account under §6.4):

• You will pay MidTermStays liquidated damages equal to 3 (three) times the marketing fee that would have been payable on the booking, calculated on the first month’s rent of the off-platform transaction. This is a genuine pre-estimate of the damage MidTermStays suffers when its lead-generation function is circumvented and is not a penalty.
• Where the Tenant has also participated in the circumvention, the Tenant and the Owner are jointly and severally liable for the liquidated damages (see §15.12).
• Interest accrues under §7.7 on any unpaid liquidated damages from the date of demand.
• MidTermStays may use information obtained from its records (booking, messaging, enquiry, listing-view logs) as prima facie evidence that an off-platform transaction arose out of a prior on-platform interaction.

14.15 De-listing and termination

You may de-list a property at any time. Confirmed bookings already in place at the time of de-listing must be honoured through to first-month payout, unless cancelled and refunded in accordance with §8.

14.16 Owner indemnity

You indemnify MidTermStays against any claim arising out of the property, the Lease, your conduct, the Tenant’s conduct, or your downstream processing of Tenant data (POPIA). The scope of the indemnity is governed by §10.3.

14.17 House rules

You may set house rules for your property, which must be disclosed on the listing before a Tenant books. House rules may include reasonable conditions on noise hours, occupancy caps consistent with the listed maximum, smoking, pets, swimming-pool safety, gate and access security, environmental considerations (water and electricity use), and similar matters. House rules must comply with §17 (Anti-discrimination and equality) and with applicable South African law. You are responsible for enforcing your own house rules — MidTermStays does not enforce them.

14.18 Property condition and maintenance response

You warrant that, at the start of the Tenant’s occupation, the property is in the condition described in the listing, with all amenities listed in working order and substantially as represented in the photographs. You undertake to respond to material maintenance issues reported by the Tenant within 48 hours of the report, and to attempt resolution within a reasonable time given the nature of the issue. Failure to maintain the property may give rise to claims by the Tenant under the Lease — not against MidTermStays.

14.19 No double-booking

You warrant that the property is available for the dates of a confirmed booking, and that you will not accept a competing booking for the same property and dates on any other platform (Airbnb, Booking.com, direct enquiry, etc.). If a confirmed booking cannot be honoured because of a conflicting booking elsewhere, you are liable to the Tenant for reasonable relocation costs (equivalent or better accommodation for the booked dates) and you indemnify MidTermStays against any claim by the Tenant arising from the conflict.

14.20 Sectional title, HOA, body corporate and bond restrictions

You warrant that you have reviewed and that letting the property for the listed duration is permitted by (without limitation): the rules of any body corporate or homeowners’ association applicable to the property; any municipal by-law (including any short-term-let by-law, where the listing is below 30 days); any mortgage bond or financing agreement over the property; and any underlying lease (where you are sub-letting with permission).

These restrictions are common in South Africa and are frequently breached unknowingly. If you are not certain whether your property is permitted to be let on a 1–6 month furnished basis, obtain confirmation in writing before listing. MidTermStays does not check or verify these restrictions on your behalf and accepts no liability for any breach.

14.21 Chargeback clawback

Where MidTermStays is required to refund a first-month payment as a result of a credit-card chargeback, card-network dispute, processor reversal, or fraud claim relating to a booking on which MidTermStays has already paid out to you, MidTermStays may recover the gross amount of the chargeback (including reasonable administrative and bank charges) from you by:

• Deducting the amount from any future payout owed to you, or
• Invoicing you directly, payable within 7 days of invoice

You indemnify MidTermStays against any chargeback-related costs, including bank charges, processor fees, and the time-cost of investigation. Where the chargeback is found to have arisen from your misrepresentation in the listing, your conduct, or your breach of the Lease, you remain liable for the full amount notwithstanding §10.2.

14.22 Minimum Lease content

You may use your own Lease (drafted by you or your attorney) OR the optional third-party Lease template (see §7.6 and §14.5). Whichever Lease you use, it must contain the minimum content set out in Annex A (Minimum Lease Content Checklist) at the end of these Terms. You warrant that any Lease you put in place with a Tenant on a booking facilitated through the Services satisfies the Annex A requirements. The Lease is between you and the Tenant; MidTermStays is not a party.

15. Terms specific to Tenants

These Terms specific to Tenants apply if you search, enquire about, or book a property on the Site. They form part of the broader Terms.

15.1 Eligibility

You must be 18 years or older. You must provide accurate, current and complete information when registering and when booking. You may have only one active MidTermStays Account.

15.2 Search, enquiry and booking flow

You may search listings, message Owners through the Site’s messaging function, and submit booking requests. The Owner may accept or decline. On acceptance, you pay the first month’s rent via the platform’s payment processor — that payment confirms your commitment and the booking.

15.3 First-month payment

The first-month payment is paid in South African Rand (ZAR) to the platform’s payment processor. Receipt of the payment by the processor extinguishes your first-month rent obligation to the Owner. From month 2 onwards, you pay the Owner directly per the Lease.

15.4 The marketing fee is paid by the Owner

The marketing fee is paid by the Owner out of the first month’s rent. You are not charged a platform fee on top of the rent.

15.5 The Lease is between you and the Owner

When you book, the Lease is between you and the Owner. MidTermStays is not a party. Lease terms — including cancellation, house rules, deposit, length, renewals and notice — are between you and the Owner.

15.6 Deposit

The deposit is paid to the Owner directly, held by the Owner, and refunded by the Owner subject to the Lease. MidTermStays does not touch the deposit and is not the recipient of any deposit complaint.

15.7 Cancellation and refunds

The cancellation policy applicable to your booking is shown on the listing and forms part of the Lease. The treatment of refunds is summarised in §8.

15.8 Optional vetting

Where the Owner orders the optional vetting service, you consent to share the necessary profile data with the third-party vetting provider that MidTermStays uses from time to time. The vetting fee (if any) is paid by the User who orders the check, directly to the provider. You have rights under POPIA s.71 (automated decision-making) — see the Privacy Policy §6.9.

15.9 Optional lease template

A sample mid-term Lease template may be made available through a third-party we work with (often the same provider as the vetting service) as an option. It is not legal advice. By choosing to use the template (and by signing a Lease produced from it), both you and the Owner expressly agree that MidTermStays accepts no liability for the template, the Lease, or any consequence of either, and that you each use the template at your own risk. If you do not agree to those terms, the template should not be used — engage your own attorney to review or draft the Lease independently. See §7.6 and §15.16 for related provisions on Tenant rights at move-in.

15.10 Behaviour during the stay

You will comply with the house rules, with the Lease, with applicable law, and with reasonable directions of the Owner during your stay.

15.11 Disputes with the Owner

Any dispute arising out of the Lease — including condition of the property, maintenance, deposit return, overstay, or termination — is between you and the Owner. MidTermStays may, on request and at its discretion, facilitate communication. MidTermStays does not adjudicate disputes.

15.12 No off-platform circumvention

You will not solicit, encourage or pay an Owner outside the Site or Services for the first month with the intent of avoiding the marketing fee.

15.13 CPA rights preserved

These Terms govern your relationship with MidTermStays. Your rights under the Consumer Protection Act 68 of 2008 — including your right to cancel a fixed-term agreement on 20 business days’ notice under s.14 (subject to a reasonable cancellation charge) — are rights you exercise against the Owner under the Lease, not against MidTermStays. MidTermStays’ marketing fee, having been earned on booking confirmation, is not refundable by MidTermStays on a s.14 cancellation by you. Whether the Owner accounts for MidTermStays’ marketing fee in calculating the reasonable cancellation charge under the Lease is a matter between you and the Owner.

15.14 Tenant indemnity

You indemnify MidTermStays against any claim arising out of your conduct, the conduct of any visitor or co-occupant you bring onto the property, your misrepresentation to a vetting or lease-template provider, or your breach of the Lease. The scope of the indemnity is governed by §10.3.

15.15 Booking confirmation accuracy

On confirmation of a booking, MidTermStays will provide a booking confirmation listing the property, the dates, the rent, the deposit amount, the cancellation policy applicable to the booking, and other key particulars. You are responsible for verifying that the booking confirmation is accurate and complete. Any error or omission must be reported to MidTermStays at support@midtermstays.co.za within 24 hours of receiving the confirmation, after which the booking is deemed accepted as confirmed.

15.16 Inventory check on arrival

On arrival at the property, you should check the inventory and condition of the property against any inventory list supplied by the Owner. Any discrepancies, shortages or damage must be reported to the Owner — and not to MidTermStays — within 24 hours of arrival, in writing (email or in-platform message). Failure to report within that window will be taken as acceptance of the property and contents as found, and you may be held responsible by the Owner under the Lease for any subsequent shortage or damage.

15.17 Check-in and check-out times

Check-in and check-out times are set by the Owner and displayed on the listing. Default check-in is 14:00 on the move-in date and default check-out is 10:00 on the last day of the Lease, unless the Owner specifies otherwise or unless you mutually agree something different in writing. Early or late check-in/out may be subject to additional fees set by the Owner.

15.18 Overstaying

A confirmed booking grants you a license to occupy the property for the agreed term of the Lease only. If you remain in occupation beyond the end date without the Owner’s written consent, you no longer hold a license to be there. The Owner may charge a daily rate equivalent to (or at the Owner’s discretion higher than) the agreed rent for each additional day, plus any reasonable legal costs the Owner incurs to recover possession. Eviction in South Africa requires a court order under the PIE Act 19 of 1998 (see §25.3) and the Owner is solely responsible for following lawful process. MidTermStays does not participate in or assist with any eviction.

15.19 Health, travel documentation and vaccinations

If you are travelling to South Africa from outside the country, you are solely responsible for ensuring you have the necessary travel documentation (valid passport, visa where required) and any required vaccinations, health declarations, or testing. Neither MidTermStays nor the Owner accepts any responsibility for refusal of entry, quarantine requirements, or other border-related consequences. If you are subject to a refusal of entry or unable to travel for any health- or documentation-related reason before the move-in date, the cancellation provisions of §8 apply — you are not entitled to a special refund from MidTermStays. If you have a pre-existing medical condition that is materially relevant to the property or your occupation of it (for example, mobility needs, allergy to pets where the listing permits pets), you should disclose this to the Owner before booking.

15.20 House rules compliance

By confirming a booking, you agree to comply with the Owner’s house rules as disclosed on the listing, and with any reasonable additional house rules notified to you in writing before or during the stay. Common house rules (which you should expect on most listings) include: noise restrictions during quiet hours (typically 22:00 to 07:00), no parties or events without the Owner’s prior written consent, occupancy not exceeding the number of guests on the booking, no smoking inside the property, environmental conditions on water and electricity use, pool and outdoor safety supervision of minors, and security obligations (closing gates and doors, not admitting strangers). Breach of house rules may give the Owner the right to cancel the Lease and require you to vacate, in accordance with the Lease and applicable law.

15.21 Complaints and dispute facilitation

If you have a complaint about the property or the Owner during your stay, raise it with the Owner first, in writing, as promptly as possible. The Owner has 24 hours to acknowledge and a reasonable period to resolve. If you and the Owner cannot resolve the complaint:

• You may contact MidTermStays at support@midtermstays.co.za with documented details of the complaint and the Owner’s response (or lack thereof)
• MidTermStays may, at its discretion and where reasonably practicable, facilitate communication between you and the Owner — for example, by passing a structured complaint to the Owner with a documented timestamp and follow-up reminder
• Where MidTermStays receives 3 or more documented complaints against the same Owner in any 12-month period that the Owner has not resolved, MidTermStays may flag the Owner’s listing publicly, suspend the listing, or terminate the Owner’s Account per the sanction ladder in §6.4

MidTermStays does not adjudicate disputes between Owners and Tenants. Final resolution of any unresolved dispute is between you and the Owner under the Lease and applicable South African law (including the jurisdiction of the Rental Housing Tribunal and the courts).

15.22 Safety-incident reporting

If during your stay you encounter a serious safety issue — fire, gas leak, serious electrical fault, structural failure, criminal incident, sexual assault, threats, or any incident that endangers the safety of an occupant — your first contact is the appropriate emergency service (SAPS 10111, fire services, ambulance). After ensuring safety, report the incident to the Owner. You may also contact MidTermStays at support@midtermstays.co.za so that we can take appropriate platform-level action (for example, temporarily delisting an unsafe property pending Owner remediation). Reporting does not transfer responsibility for safety from the Owner to MidTermStays.

16. Members’ conduct and off-platform circumvention

You agree that you will not, and will not assist or permit any other person to:

• Violate any law, regulation, by-law, or order of a court
• Use manual or automated tools (bots, crawlers, scrapers, spiders) to access, copy or extract content from the Site or Services without our written permission
• Use the Site or Services for any commercial purpose not expressly permitted by these Terms
• Dilute, tarnish or harm the MidTermStays brand, including by registering domains, trade marks, or social-media handles confusingly similar to ours
• Infringe any intellectual-property right, privacy right, or other right of MidTermStays, another User, or a third party
• Interfere with or damage the Site or Services (viruses, denial-of-service attacks, packet flooding, IP spoofing, reverse engineering)
• Use the Site or Services to transmit unlawful, defamatory, obscene, threatening, harassing, fraudulent, or discriminatory content
• Stalk, harass, or collect personal information about another User except as strictly necessary for the booking
• Offer as an Owner any property you do not own or have authority to let
• Register more than one Account, or register for someone else without their authority
• Impersonate any person or misrepresent your affiliation
• Solicit, accept or make payment for the first-month rent outside the Site or Services with the intent of avoiding the marketing fee. We treat off-platform circumvention as a material breach and may suspend or terminate Accounts and recover the marketing fee that would have been payable.
• Recruit other Users to a competing platform or service
• Engage in disruptive, abusive or harassing behaviour on the Site or in interactions with other Users
• Post Content that infringes intellectual property, violates law, is fraudulent or misleading, defamatory, obscene, threatening, or that promotes discrimination, hatred, violence, or unlawful conduct
• Bypass, tamper with, or attempt to defeat any security or authentication measure

We may investigate and act on any suspected breach of this section, including by deactivating listings, removing Content, suspending or terminating Accounts, and disclosing User information to law-enforcement agencies where required by law.

17. Anti-discrimination and equality

Owners may not refuse Tenants on grounds protected under:

• Section 9 of the Constitution of the Republic of South Africa, 1996 (race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth)
• The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“PEPUDA”)
• Section 4(3) of the Rental Housing Act 50 of 1999, which specifically prohibits a landlord from unfairly discriminating against a prospective tenant on any of the grounds set out in section 9(3) of the Constitution

Owners may set legitimate property rules (such as no smoking, no pets, occupancy caps, quiet hours) provided they are applied consistently, disclosed in the listing, lawful, and not a proxy for unlawful discrimination.

Complaint process. Tenants who believe they have been unlawfully discriminated against may submit a written complaint to legal@midtermstays.co.za. MidTermStays will investigate within 10 business days, give the Owner an opportunity to make written representations, and apply the sanction ladder in §6.4 where unlawful discrimination is established. The Tenant retains all statutory rights to lodge a complaint with the Equality Court under PEPUDA, the SA Human Rights Commission, or the Rental Housing Tribunal.

18. Reviews, ratings and content moderation

18.1 Reviews

Where MidTermStays offers a reviews function, reviews must:

• Be based on a confirmed booking
• Reflect first-hand experience
• Not contain personal information about the counterparty beyond what is reasonably necessary
• Not be retaliatory
• Not be defamatory, threatening, obscene, or discriminatory

18.2 Moderation

We may remove reviews or other Content that breach these Terms. We do not edit reviews for substance. We do not endorse the views expressed in any review.

18.3 Manipulation prohibited

You may not pay for reviews, exchange reviews with another User, or post fake reviews. Doing so is a material breach.

19. Reporting misconduct

If you encounter conduct on the Site, in the Services, or arising out of a booking that you believe is unlawful, offensive, threatening or otherwise inappropriate:

• For matters requiring immediate response, contact the appropriate authorities (police, ambulance, etc.)
• Notify us at support@midtermstays.co.za with the User name, listing number, booking reference, and a description of the incident

Submission of a report does not oblige us to act beyond what is required by law.

20. Privacy

Your use of the Site and Services is also governed by the MidTermStays Privacy Policy, which forms part of these Terms. The Privacy Policy explains what Personal Information we collect, how we use and share it, your rights, and the role of third-party processors and partners.

21. Intellectual property and content licences

21.1 MidTermStays’ content

The Site, the Services, MidTermStays’ name, logo, trade marks, software, design, copy, images, and structure (the “MidTermStays Content”) are the property of MidTermStays or its licensors and are protected by intellectual-property laws of South Africa and internationally. Nothing in these Terms transfers any right in the MidTermStays Content to you, save the limited licence in §21.3 below.

21.2 Member Content licence to MidTermStays

By posting, uploading, submitting or transmitting any User Content (listings, photographs, descriptions, reviews, messages, feedback) to or through the Site or Services, you grant MidTermStays a worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to use, copy, adapt, translate, distribute, publicly display, publicly perform, transmit, and otherwise exploit that User Content for the purpose of operating, marketing and promoting the Site and Services. You warrant that you own or are licensed to grant all rights in any User Content you submit.

21.3 Limited licence to you

Subject to your compliance with these Terms, MidTermStays grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site, the Services and the MidTermStays Content solely for your personal, non-commercial use in connection with the Services.

22. Links, third-party services and insurance

22.1 Third-party links and services

The Site may contain links to third-party sites or services, including the regulated payment processor MidTermStays uses to facilitate the first-month payment, any tenant-vetting provider MidTermStays works with, and any provider making a sample mid-term Lease template available. Those sites and services have their own terms and privacy policies and are not under our control. We are not responsible for their content, availability, accuracy, or conduct. Your use of those sites and services is at your own risk. MidTermStays may change Third-Party Applications from time to time without notice to Users.

22.2 Insurance recommendation (non-binding)

MidTermStays does not provide insurance for any User, property, or stay. We recommend:

• Owners maintain appropriate landlord / short-term-let property insurance covering damage to the property, public liability, and (where the Tenant operates a business from the property) any business-use exposure. Standard homeowner’s insurance may not cover let properties — check your policy.
• Tenants consider personal contents insurance, travel insurance (where travelling from outside South Africa), and (where relevant to the reason for the stay) health insurance valid for the duration of the stay in South Africa.

These recommendations are general and non-binding. Each User must make their own assessment of insurance needs. MidTermStays accepts no liability for any uninsured loss.

23. Feedback

If you submit feedback, suggestions or ideas for improvements, you agree that we may use them for any purpose, in any form, without compensation. You assign to us all rights in such feedback.

24. Copyright policy and ECTA takedown

We respect intellectual property and require Users to do the same. If you believe that Content on the Site or Services infringes a copyright you own or are authorised to enforce:

• Send a notice to legal@midtermstays.co.za following the requirements of section 77 of the Electronic Communications and Transactions Act 25 of 2002
• Include: identification of the work, the URL of the infringing Content, a statement of good-faith belief, a statement under penalty of perjury that the information is accurate, and your contact details and signature

We will act on properly-formulated notices in accordance with ECTA and will not be liable to the User whose Content is removed where we have acted in good faith on a takedown notice. We may terminate Accounts of repeat infringers.

25. Statutory notices — ECTA, CPA, PIE Act, Rental Housing Act

These notices are provided for clarity. Nothing in these Terms limits any User’s statutory rights.

25.1 ECTA cooling-off period

MidTermStays bookings of 30 days or fewer fall squarely within the accommodation exclusion in section 42(2)(b) of the Electronic Communications and Transactions Act 25 of 2002, and the seven-day cooling-off right in section 44 does not apply.

For bookings longer than 30 days, the application of the accommodation exclusion is fact-specific. Where a Tenant successfully relies on ECTA s.44 to cancel a longer booking within 7 days of confirmation, the first-month payment will be refunded by MidTermStays subject to deduction of any irrecoverable third-party processor fees, and the marketing fee will be reversed. The off-platform circumvention provisions of §14.14, §15.12 and §16 continue to apply, including for any direct Owner-Tenant transaction entered into within 90 days of an ECTA cancellation.

Nothing in this clause limits any right conferred by the Consumer Protection Act that cannot be excluded by agreement.

25.2 Consumer Protection Act s.14 (fixed-term agreements)

A Tenant’s right under section 14 of the Consumer Protection Act 68 of 2008 to cancel a fixed-term agreement on 20 business days’ written notice (subject to a reasonable cancellation charge) is a right exercised under the Lease against the Owner, not against MidTermStays. MidTermStays’ marketing fee is not refundable on a s.14 cancellation by the Tenant.

25.3 Prevention of Illegal Eviction Act (PIE Act)

Owners are reminded that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 governs the lawful termination of occupation in South Africa, and that — depending on the facts — a court order is required to evict a Tenant. Self-help eviction (changing locks, cutting utilities, removing belongings) is illegal in South Africa. MidTermStays does not participate in, advise on, or assist with any eviction.

25.4 Rental Housing Act

The Rental Housing Act 50 of 1999 applies to most residential lets in South Africa, regardless of length, where the Tenant uses the property as a residence. Owners and Tenants should be familiar with their rights and obligations under the Act, including (without limitation) the interest-bearing-account requirements for deposits, the right to a written lease, and the jurisdiction of the Rental Housing Tribunal.

26. POPIA and Information Officer

The Protection of Personal Information Act 4 of 2013 governs MidTermStays’ processing of personal information. The Information Officer designated under section 55 of POPIA is David Nurick, contactable at privacy@midtermstays.co.za. Full details of MidTermStays’ processing, your rights, and the Information Regulator (South Africa) are set out in the Privacy Policy.

27. General legal

27.1 Entire agreement

These Terms, together with the Privacy Policy and any policies incorporated by reference, constitute the entire agreement between you and MidTermStays in respect of the Site and Services, and supersede any prior agreement on the same subject matter.

27.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision is severed to the minimum extent necessary, and the remaining provisions continue in full force and effect.

27.3 No waiver

A failure or delay by MidTermStays in enforcing a right is not a waiver of that right.

27.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign or transfer ours to an affiliate or in connection with a sale, merger or reorganisation of our business.

27.5 No agency / partnership

Nothing in these Terms creates an agency, partnership, joint venture or employment relationship between MidTermStays and any User. We say this twice in the document because it is the load-bearing structural defence of the entire model.

27.6 Legal costs

MidTermStays is not liable for any legal or professional costs that a User incurs in obtaining advice on these Terms or any Lease.

27.7 No third-party rights

These Terms do not confer any right on any third party, save where expressly stated.

28. Contact us

• Anything regarding these Terms, any legal request, ECTA s.77 notice & takedown: legal@midtermstays.co.za (primary)
• General business enquiries (not legal): info@midtermstays.co.za
• Customer support (account, bookings, platform issues): support@midtermstays.co.za
• Privacy / POPIA data subject requests: privacy@midtermstays.co.za (routes to legal@ during initial operation)
• Information Officer (POPIA s.55): David Nurick, contactable at legal@midtermstays.co.za or privacy@midtermstays.co.za
• Postal address: Guest House Accommodation of South Africa CC, 9 Zastron Road, Milnerton, Cape Town, Western Cape, 7441

Annex A — Minimum Lease Content Checklist

This Annex forms part of these Terms. Every Lease entered into by an Owner with a Tenant on a booking facilitated through the Services — whether drafted by the Owner’s attorney, adapted from a sample template, or drawn up by any other means — must contain the minimum content set out below.

Critical disclaimer — template is offered as an option only, at the User’s own risk. A sample mid-term Lease template may be made available to Users through a third-party we work with. The template is offered as an option only. It is not legal advice. MidTermStays does not draft, supply, review, warrant, witness, sign, hold, or enforce any Lease.

By choosing to use the template, you expressly agree that:

• You use the template at your own risk and at your sole discretion
• MidTermStays makes no representation or warranty as to the template’s suitability, legality, completeness, accuracy or fitness for any purpose
• MidTermStays accepts no liability for any loss, damage, dispute, claim or cost arising from the template, the Lease produced from it, or any provision of that Lease
• You will engage your own attorney to review, customise, and finalise the Lease for your specific property, parties and circumstances

If you do not agree to those terms, do not use the template — engage your own attorney to draft the Lease independently. Whichever route you choose, the Lease must satisfy this Annex A checklist. Compliance is the Owner’s responsibility.

A.1 Parties and property

• The full legal name and contact details of the Owner (landlord)
• The full legal name and contact details of the Tenant
• The physical address of the property
• A description of the property and its included contents / amenities (or reference to an attached inventory list)

A.2 Term

• A defined start date (move-in)
• A defined end date (move-out) — the Lease must NOT auto-renew into a 12-month residential tenancy by default
• Any option to extend or renew, and the procedure for exercising it (per §8.6 of these Terms)
• The Owner’s and Tenant’s notice rights (if any) for early termination, consistent with applicable law including Consumer Protection Act s.14

A.3 Rent and payment

• The monthly rent amount in ZAR
• A statement that the first-month rent is paid via MidTermStays’ payment processor, MidTermStays’ 7.5% marketing fee is deducted from that payment, and the net is paid to the Owner
• A statement that from month 2 onwards, rent is paid by the Tenant directly to the Owner
• The Owner’s bank account details for direct payment
• Payment due date and consequences of late payment (interest, breach process)

A.4 Deposit

• The deposit amount in ZAR (recommend: equivalent to one month’s rent)
• Confirmation that the deposit is paid by the Tenant directly to the Owner (NOT via MidTermStays)
• The Rental Housing Act s.5(3) interest-bearing-account treatment where applicable
• The conditions on which the deposit may be deducted (against documented damage, unpaid rent, breach)
• The timeline for refund of the unused balance at end of stay (recommend: within 14 days)

A.5 House rules and conduct

• The Owner’s house rules (or attachment thereof), consistent with §17 (Anti-discrimination) of these Terms
• Occupancy limits (number of permitted occupants; rules on visitors and overnight guests)
• Pet policy, smoking policy, noise policy
• Use of common amenities (pool, garden, parking, fibre)

A.6 Utilities and services

• Which utilities are included in the rent (electricity, water, internet, refuse, gas, security)
• How metered utilities are calculated and recovered (if not included)
• Maintenance responsibility (Owner’s standing 48-hour response obligation per §14.18)

A.7 Inspection and inventory

• Confirmation that a joint ingoing inspection will be conducted at move-in and recorded in writing
• Confirmation that a joint outgoing inspection will be conducted at move-out
• Identification of any inventory list attached

A.8 End of stay

• Required notice period (if any) for early termination by either party
• Conditions for the return of the deposit
• The procedure for the Tenant to vacate (keys, condition, final cleaning)
• The Owner’s remedy if the Tenant overstays — per §15.18 and PIE Act 19 of 1998 (court order required for eviction; self-help is illegal)

A.9 Statutory acknowledgements

The Lease should include short, plain-English acknowledgements that:

• The Lease is a fixed-term residential let and the Tenant has rights under the Consumer Protection Act 68 of 2008 including s.14 cancellation on 20 business days’ notice subject to a reasonable cancellation charge
• The Rental Housing Act 50 of 1999 applies to the Lease, including the right of either party to refer disputes to the Rental Housing Tribunal
• The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) governs the termination of occupation; self-help eviction is illegal

A.10 Governing law

• South African law
• Jurisdiction (the Owner’s choice, typically the High Court division or Magistrate’s Court of the property’s locality)

A.11 Signatures

• Signed by both Owner and Tenant
• Dated
• Witnessed where required by law

Owner warranty. By confirming a booking, the Owner warrants that the Lease the Owner puts in place with the Tenant contains all of the above. MidTermStays may, at any time, require the Owner to produce a copy of the Lease for dispute audit; failure to do so may result in suspension under §6.4.

Tenant note. Tenants are entitled to expect a Lease consistent with this Annex. If you are offered a Lease that materially falls short of the checklist (no written document, no defined end date, no proper deposit terms, no acknowledgement of CPA / RHA / PIE), raise the issue with the Owner — and report it to MidTermStays at legal@midtermstays.co.za if not resolved.

Open items before publication

This document is structurally complete. SA-admitted attorney review (marketplace, e-commerce, POPIA, consumer protection) remains required before the document goes live.