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PORT OWEN

Legal

Terms of use

Last updated October 2026

Draft — have this reviewed by a legal professional before launch.

Please read these terms carefully. They explain how Port Owen works for guests, hosts, service providers and restaurants.

1. About these terms

These terms govern your use of the Port Owen website and services (“the platform”, “we”, “us”). By creating an account, making a booking or listing a property, service or restaurant, you agree to these terms and our Privacy Policy.

Nothing in these terms limits any rights you have under the Consumer Protection Act 68 of 2008 (“CPA”) or other South African law that cannot lawfully be excluded.

2. Our role

Port Owen is an online marketplace. We are not the owner or operator of any accommodation, service business or restaurant listed on the platform. Contracts for stays are concluded directly between the guest and the host; agreements for services are concluded directly between the customer and the service provider.

For stays, the host appoints us as their limited commercial agent to accept payment from guests on the host’s behalf. A guest’s payment to us discharges the guest’s obligation to pay the host for that booking.

3. Accounts

  • You must be at least 18 years old to create an account or make a booking.
  • You must provide accurate information and keep your login details secure. You are responsible for activity on your account.
  • We may suspend or close accounts that breach these terms, provide false information or are used fraudulently.

4. Bookings and payments (guests)

  • The price shown at checkout is the total payable in South African Rand, including any cleaning fee. We do not add a guest service fee.
  • Payments are processed securely by our payment provider, Yoco. We do not store your full card details.
  • A booking is confirmed only once payment succeeds. Unpaid reservations are released automatically after a short hold period.
  • You must comply with the house rules, maximum guest numbers and check-in/check-out times set out in the listing.
  • You are responsible for any damage caused by you or your party during your stay, beyond normal wear and tear.

5. Cancellations and refunds

Each stay has one of the following cancellation policies, shown on the listing and at checkout. Refunds are calculated from the date we receive your cancellation:

  • Flexible: Full refund up to 1 day before check-in. No refund after that.
  • Moderate: Full refund up to 5 days before check-in. 50% refund after that, until check-in.
  • Strict: 50% refund up to 14 days before check-in. No refund after that.

If a host cancels a confirmed booking, the guest receives a full refund. Refunds are paid back to the original card and may take several business days to reflect.

Where the CPA gives you a right to cancel an advance booking, a reasonable cancellation charge may apply as set out in the applicable policy above, taking into account the nature of short-term accommodation and the host’s ability to re-let the dates.

6. Hosts

  • We charge hosts a commission of 10% of the booking total on confirmed bookings. There is no listing fee.
  • We pay the balance (booking total less commission and any refunds) by EFT to the bank account in your dashboard, approximately 2 days after the guest checks in. We may hold a payout where a booking is disputed or we suspect fraud.
  • You warrant that you are entitled to let the property (including any body corporate, HOA or municipal requirements) and that your listing is accurate.
  • You are responsible for your own tax obligations, including income tax and VAT where applicable, and for any required insurance and licences.
  • You must honour confirmed bookings and the cancellation policy you selected.

7. Service providers

  • Directory listings require a prepaid subscription (R 149 per month or R 1 490 per year, or as shown at checkout). Subscriptions do not renew automatically; your listing is hidden when the period ends until you renew.
  • Subscription fees are non-refundable and are not refunded pro rata if you pause or remove your listing before the period ends, except where required by law.
  • Quote requests are passed to you directly. Any agreement for work is between you and the customer; we are not a party to it and do not guarantee payment or workmanship.
  • You must hold any registrations, licences or certifications required for your trade and only claim accreditations you actually hold.

8. Restaurants

  • Restaurant listings require a prepaid monthly subscription (R 99 per month, or as shown at checkout). Subscriptions do not renew automatically; your listing is hidden when the month ends until you pay again.
  • Subscription fees are non-refundable and are not refunded pro rata if you pause or remove your listing before the period ends, except where required by law.
  • You are responsible for keeping your menu, prices, specials and opening hours accurate and for compliance with all food safety and liquor licensing laws.

9. Listing approval and content

  • All listings are reviewed before publication. We may decline, request changes to, pause or remove any listing at our discretion, for example if it is inaccurate, misleading or unlawful.
  • You keep ownership of content you upload (text, photos, logos) and grant us a non-exclusive, royalty-free licence to display and promote it on the platform and our marketing channels.
  • You must have the right to use all content you upload and it must not infringe anyone’s rights.

10. Reviews

  • Stay reviews may only be left by guests who completed a confirmed stay. Business and restaurant reviews may be left by signed-in users, once per listing.
  • Reviews must be honest, relevant and respectful. We may moderate or hide reviews that are abusive, discriminatory, fraudulent, contain personal information or are otherwise inappropriate.
  • We do not edit reviews to change their meaning and do not remove reviews simply because they are negative.

11. Liability

To the extent permitted by law, we are not liable for the acts or omissions of hosts, guests, service providers or restaurants, or for the condition, safety or legality of any listing. Our total liability to you in connection with any booking is limited to the commission or fees we received for that booking or subscription.

Nothing in these terms excludes liability for gross negligence, fraud or anything else that cannot be excluded under the CPA.

12. General

These terms are governed by the laws of the Republic of South Africa. We may update these terms from time to time; material changes will be communicated on the platform or by email. Continued use after a change means you accept the updated terms.

Questions or complaints? Email [email protected] or use our contact form.