Terms of Service

DRAFT — for attorney review. Not yet approved for publication or use.

Last updated: [DATE] · Version: draft 1

These Terms of Service (“Terms”) are a legal agreement between you and [STAYHUB LEGAL ENTITY NAME], a company incorporated in Zimbabwe under registration number [REGISTRATION NUMBER], with its registered address at [REGISTERED ADDRESS] (“StayHub”, “we”, “us”), governing your access to and use of the StayHub website, booking platform, and related services (together, the “Service”).

By creating an account, making a booking, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who these Terms apply to

StayHub connects independent hotels, lodges, guest houses, and similar accommodation providers (“Hotels”) with travellers (“Guests”) who search for, book, and pay for accommodation through the Service. These Terms apply to Guests using the public booking site. Hotels and their staff are additionally bound by the Master Services Agreement between StayHub and the Hotel, which takes precedence over these Terms for matters it specifically addresses.

2. What StayHub is — and isn’t

StayHub is a booking platform and technology provider. Unless stated otherwise for a specific booking, the Hotel — not StayHub — is the party that contracts with you to provide accommodation. StayHub facilitates the search, booking, and payment process and charges its own separate booking service fee for doing so (see Section 6). StayHub is not the operator of any Hotel, does not control room quality, safety, or service standards at any Hotel, and is not a party to the accommodation contract between you and the Hotel except as expressly stated in these Terms.

3. Accounts

• Guests may book without creating an account; your email and booking reference are used to manage your booking (“Manage booking”).
• You are responsible for the accuracy of the information you provide and for any activity under your booking reference.
• You must be at least 18 years old (or the age of majority in your jurisdiction) to make a booking. Bookings for minors travelling with an adult are permitted; the adult guest is the contracting party.

4. Making a booking

• A booking is confirmed only when you receive a confirmation from StayHub showing a booking reference. Availability and pricing shown before confirmation are not guaranteed until that point.
• You must provide accurate stay dates, guest counts, and contact details. Hotels may refuse check-in, or charge additional amounts under the Hotel’s own policies, where the information provided was inaccurate (for example, more guests arriving than declared).
• Special requests communicated through the Service (dietary needs, accessibility, room preferences) are passed to the Hotel but are not guaranteed unless the Hotel confirms them in writing.

5. Prices, taxes, and the booking service fee

• Room rates are set by each Hotel. Displayed prices include or exclude applicable taxes and levies depending on the Hotel’s configuration, shown clearly in the price breakdown before you pay.
• Every booking includes a booking service fee charged by StayHub, in addition to the Hotel’s room charges. The amount is shown in the price breakdown before payment and may vary by Hotel or be waived at StayHub’s discretion. The booking service fee compensates StayHub for operating the Service and is separate from any amount owed to the Hotel.
• All prices are in the currency shown at the time of booking, which is set by the Hotel.

6. Payment

• Payment is processed through the payment method(s) available for the Hotel you’re booking, which may include Paynow (operated by Softwarehouse (Private) Limited), Stripe, PayPal, PayFast, Ozow, Flutterwave, Yoco, or payment on arrival at the property, depending on the Hotel’s settings.
• StayHub does not store your full card details; payment is handled by the relevant payment gateway. See the Privacy Policy for details on data shared with payment processors.
• Where a Hotel’s policy is pay-at-property, your card or payment method may be used only to guarantee the booking, per that Hotel’s stated terms.

7. Cancellations and refunds

Cancellation terms are set by each Hotel and shown to you before you book (and referenced on your confirmation). See the separate Refund & Cancellation Policy for the full terms, including your statutory rights under Zimbabwean consumer protection law, which apply regardless of what a Hotel’s individual policy states. The booking service fee’s refundability is addressed in that policy, not repeated here.

8. Guest conduct

You agree not to:

• provide false information when booking, including impersonating another person or misrepresenting your party size;
• use the Service for any unlawful purpose or in a way that could damage, disable, or impair the Service;
• attempt to circumvent the Service to book directly with a Hotel in a way that avoids fees owed under these Terms, where a booking was initiated through the Service;
• harass, threaten, or abuse Hotel staff or other users.

We may suspend or terminate your access to the Service for breach of this section, without affecting any booking already confirmed with a Hotel except where the breach relates directly to that booking.

9. Hotel responsibilities (informational — governed by the MSA)

Hotels using StayHub are independently responsible for the accuracy of their listings, compliance with applicable health, safety, and hospitality regulations, their own tax obligations, and honouring confirmed bookings. StayHub is not responsible for a Hotel’s failure to do so, though we provide a channel for reporting issues (Section 12).

10. Intellectual property

The Service, including its software, design, and content (excluding Hotel-provided content such as photos and descriptions), is owned by StayHub or its licensors. You may not copy, modify, reverse-engineer, or create derivative works from the Service except as the Service’s own functionality permits (for example, downloading your own booking confirmation).

11. Disclaimers and limitation of liability

• The Service is provided “as is.” To the maximum extent permitted by Zimbabwean law, StayHub disclaims warranties of any kind regarding the Service’s availability, accuracy, or fitness for a particular purpose, and regarding the quality, safety, or legality of any Hotel’s accommodation.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Zimbabwean law, including under the Consumer Protection Act [Chapter 14:44].
• Subject to the above, StayHub’s total liability to you arising from your use of the Service is limited to the amount of the booking service fee you paid for the booking giving rise to the claim. StayHub is not liable for the acts or omissions of any Hotel, including failure to honour a booking, property condition, or on-site incidents — these are matters between you and the Hotel, without prejudice to any assistance StayHub may provide in resolving a dispute.

[Attorney note: liability caps and exclusions must be reviewed against the Consumer Protection Act’s prohibition on unfair contract terms and any non-excludable statutory rights before this section is relied upon.]

12. Disputes and complaints

• If you have an issue with a Hotel or a booking, contact the Hotel directly first using the details on your confirmation; StayHub can assist in escalating unresolved issues.
• Complaints about the Service itself can be made to [SUPPORT CONTACT EMAIL].
• You may also have the right to lodge a complaint with the Consumer Protection Commission established under the Consumer Protection Act [Chapter 14:44], or to pursue mediation/arbitration under that Act, in addition to any other legal remedy.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified through the Service or by email before they take effect for existing bookings; continued use after changes take effect constitutes acceptance.

14. Governing law and jurisdiction

These Terms are governed by the laws of Zimbabwe. Any dispute not resolved under Section 12 is subject to the exclusive jurisdiction of the courts of Harare, Zimbabwe, without prejudice to any statutory right to bring a matter before the Consumer Protection Commission.

15. Contact

[STAYHUB LEGAL ENTITY NAME]
[REGISTERED ADDRESS]
[SUPPORT CONTACT EMAIL]