Legal

    Termos e Condições

    Version 4.5 • Effective 1 June 2025 • Governed by South African Law

    Version 4.5 • Effective Date: 1 June 2025

    Governing Law: Republic of South Africa


    IMPORTANT NOTICE TO CONSUMERS — PLEASE READ CAREFULLY BEFORE BOOKING

    In terms of section 49 of the Consumer Protection Act 68 of 2008 ("CPA"), your attention is specifically drawn to the following clauses which limit or exclude Fluent's liability or impose obligations on you: Clause 3 (non-refundable rates and cancellation penalties), Clause 3.4 (peak period and special event cancellation terms), Clause 3.7 (best available rate policy), Clause 3.9 (designated cancellation and amendment channel), Clause 5 (apartment reallocation), Clause 6 (access, keys, and access devices), Clause 7 (guest obligations and occupancy limits), Clause 8 (valuables, safe, and liability cap), Clause 9 (property damage), Clause 15 (limitation of liability), Clause 25 (right to deny check-in), Clause 26 (failure to vacate), Clause 27 (immediate vacation), Clause 28 (no refund on early departure), Clause 30 (managing agent capacity), and Clause 31 (management contract termination). These clauses are highlighted in bold throughout this document. BY COMPLETING A BOOKING, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL TERMS HEREIN. IF YOU DO NOT AGREE, DO NOT PROCEED WITH YOUR BOOKING.

    These Terms and Conditions ("Terms") constitute the entire agreement between BLOKSTAY (Pty) Ltd (Registration No: 2023/882769/07), trading as Fluent ("Fluent", "we", "us", or "our"), a company registered in the Republic of South Africa, and the Guest ("Guest", "you", or "your") (including any other parties that may accompany the Guest) in respect of any reservation, booking, occupancy, or use of any Fluent serviced apartment or associated service. These Terms supersede all prior representations, negotiations, or arrangements, whether oral or written, except as expressly incorporated herein.

    These Terms are governed by and comply with the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ("PEPUDA"), the National Buildings Regulations and Building Standards Act 103 of 1977, the Rental Housing Act 50 of 1999 (to the extent applicable), and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ("PIE Act"), where applicable.


    1. DEFINITIONS

    In these Terms, the following words and expressions bear the meanings assigned to them:

    • "Booking" means any reservation of a Fluent apartment, made directly, via the Fluent website, or through a third-party Online Travel Agent ("OTA") or booking platform. The terms "Booking" and "reservation" are used interchangeably throughout these Terms and bear the same meaning.

    • "Check-In Date" and "Check-Out Date" mean the dates and times specified in the written Booking confirmation issued by Fluent. The terms "arrival" and "Check-In Date" are used interchangeably and bear the same meaning.

    • "Discounted Rate" or "Non-Refundable Rate" means any rate published or offered at a reduction from the standard flexible rate and expressly designated as non-refundable at the time of booking.

    • "Flexible Rate" means the standard rate offered by Fluent that is not designated as a Non-Refundable Rate and which is subject to Fluent's standard cancellation and payment policy as communicated at the time of booking.

    • "Fluent" means BLOKSTAY (Pty) Ltd (Registration No: 2023/882769/07), trading as Fluent, its directors, employees, agents, contractors, and permitted successors and assigns.

    • "Guest" means the individual or juristic person that completes a Booking and/or occupies a Fluent apartment, including all persons in the Guest's party.

    • "Management Agreement" means any agreement entered into between Fluent and a Partner in terms of which Fluent is appointed as the managing agent of a Partner's property for short-term accommodation purposes.

    • "Online Payment Gateway" means any third-party electronic payment processing service used to process card or digital payments, including but not limited to Peach Payments, PayGate, PayFast, Stripe, PayPal, or any bank-hosted payment portal.

    • "Partner" means the registered owner of any property managed by Fluent under a Management Agreement, on behalf of whom Fluent operates the relevant apartment as a short-term serviced accommodation unit.

    • "Force Majeure Event" has the meaning ascribed to it in Clause 12.

    • "Body Corporate" means the owners' association, homeowners' association, or building management body responsible for the common property and shared infrastructure of any building in which a Fluent apartment is situated.

    • "Safe" means the electronic or key-operated security safe installed in each Fluent apartment for securing Guest valuables.

    • "OTA" means any Online Travel Agent or third-party booking intermediary, including Booking.com, Airbnb, Expedia, Hotels.com, Agoda, TripAdvisor, and any web-based booking engine or wholesaler.

    • "POPIA" means the Protection of Personal Information Act 4 of 2013.

    • "CPA" means the Consumer Protection Act 68 of 2008.

    • "Business Day" means any day other than a Saturday, Sunday, or South African public holiday.


    2. LEGAL CAPACITY AND ACCEPTANCE OF TERMS

    2.1 By completing a Booking, you warrant and represent to Fluent that:

    • You are at least 18 years of age and legally competent to enter into binding contracts under South African law;
    • All information provided at the time of booking is true, accurate, complete, and not misleading;
    • You are acting in good faith and solely for bona fide short-term accommodation purposes;
    • You have full legal authority to bind any other occupants of the apartment to these Terms;
    • You are not making the Booking for purposes of resale, assignment, commercial subletting, or any other purpose not expressly authorised by Fluent in writing.

    2.2 Fluent reserves the right to refuse or cancel any Booking where these warranties are found to be untrue, where the Booking is suspected to be fraudulent, or where the Booking is made in bad faith, without incurring any liability to the Guest beyond refunding amounts actually received by Fluent in respect of the affected Booking, subject to Clause 3.

    2.3 Corporate and Juristic Person Bookings. Where a Booking is made by a juristic person (including a company, close corporation, trust, or other legal entity) on behalf of an individual Guest or employee, the juristic person and the individual Guest shall be jointly and severally liable for all obligations arising under these Terms, including payment obligations, cancellation penalties, and liability for damage. By completing a Booking on behalf of another person, the juristic person warrants that it has full authority to bind that individual to these Terms.


    3. RESERVATIONS, RATES, AND PAYMENT

    3.1 Booking Confirmation

    A Booking shall only be deemed confirmed upon receipt of a written confirmation from Fluent and receipt of the required payment as set out below. No reservation is binding on Fluent until such confirmation is issued in writing. Availability is not guaranteed until the Guest receives written confirmation.

    3.2 Non-Refundable and Discounted Rates

    IMPORTANT — NON-REFUNDABLE RATES: IN TERMS OF SECTION 17(4) OF THE CONSUMER PROTECTION ACT 68 OF 2008 AND THE APPLICABLE ACCOMMODATION INDUSTRY CANCELLATION GUIDELINES, ALL BOOKINGS MADE UNDER A DISCOUNTED, PROMOTIONAL, OR NON-REFUNDABLE RATE ARE SUBJECT TO A CANCELLATION PENALTY EQUAL TO 100% OF THE TOTAL BOOKING VALUE. THIS IS EXPRESSLY DISCLOSED BELOW AND WAS DISCLOSED TO YOU PRIOR TO AND AT THE TIME OF BOOKING.

    3.2.1 Non-Refundable Rates are offered at a material discount from the standard Flexible Rate, specifically in exchange for the Guest's acceptance of a 100% cancellation penalty. The commercial basis and pricing of the Non-Refundable Rate Booking are wholly dependent upon the Guest's acceptance of this condition.

    3.2.2 The Guest expressly acknowledges and agrees that:

    • The decision to book under a Non-Refundable Rate is made freely and voluntarily by the Guest, who had the option to book a standard Flexible Rate at the time of booking;
    • Where the Guest cancels a Non-Refundable Rate Booking for any reason, including personal, medical, employment, or travel circumstances, a cancellation penalty equal to 100% of the total Booking value is payable to Fluent. For the avoidance of doubt, "total Booking value" includes all accommodation charges, cleaning fees, linen fees, and any other ancillary service charges forming part of the confirmed Booking. This cancellation penalty is a reasonable and proportionate consequence of cancellation, having regard to the discount received and the advance revenue commitment made by Fluent.
    • Fluent shall retain 100% of the total Booking value in all cases where a Non-Refundable Rate has been applied, including, without limitation, where the Guest cancellation fails to arrive (no-show), departs early, or is unable to travel for any reason;
    • No credit note, voucher, future stay credit, or accommodation offset shall be provided in lieu of a monetary refund, save at Fluent's sole discretion as a goodwill gesture which does not constitute an admission of liability;
    • The Guest is strongly advised to purchase independent travel insurance to cover risks associated with cancellation, illness, or unforeseen events. Fluent does not provide or arrange travel insurance.

    3.2.3 This cancellation penalty structure is consistent with section 17 of the CPA and applicable accommodation industry standards. The cancellation penalty was clearly and conspicuously disclosed to the Guest prior to and at the time of confirming the Booking.

    3.2.4 Fluent-Initiated Cancellation. Where Fluent cancels a confirmed Booking for reasons within its own control, and where such cancellation is not covered by Clause 12 (Force Majeure) or Clause 31 (Management Contract Termination), Fluent shall refund to the Guest the full amount paid in respect of that Booking. Such refund shall constitute the Guest's sole remedy in respect of the cancellation, and Fluent shall bear no further liability for consequential losses, travel costs, or alternative accommodation.

    3.3 Flexible Rate Cancellations

    Where a Booking is made under a Flexible Rate, the specific cancellation terms applicable to that rate will be communicated in writing at the time of booking and will form part of the Booking confirmation. Unless the Booking confirmation expressly states otherwise, the following default cancellation schedule applies to all Flexible Rate Bookings:

    • Cancellation received 14 (fourteen) or more days prior to the Check-In Date: no cancellation penalty; full refund of amounts paid;
    • Cancellation received between 7 (seven) and 13 (thirteen) days prior to the Check-In Date: cancellation penalty equal to 75% of the total Booking value;
    • Cancellation received less than 7 (seven) days prior to the Check-In Date: cancellation penalty equal to 100% of the total Booking value.

    These penalties are reasonable and proportionate, having regard to the nature of the accommodation commitment and Fluent's fixed cost base. This schedule is subject to the amended cancellation terms in Clause 3.4 for peak periods and special events.

    3.4 Peak Periods, Special Events, and Amended Cancellation Terms

    NOTICE: DURING PEAK PERIODS AND MAJOR EVENTS, THE STANDARD CANCELLATION NOTICE PERIOD IS EXTENDED TO THIRTY (30) DAYS. CANCELLATIONS WITHIN THIS PERIOD ARE NON-REFUNDABLE.

    3.4.1 During peak demand periods — including but not limited to South African school holidays, public holidays, long weekends, and major events taking place within the Cape Town Metropolitan area — the standard Flexible Rate cancellation notice period shall automatically increase from fourteen (14) days to thirty (30) days prior to the Check-In Date.

    3.4.2 For the purposes of this clause, a "major event" includes, but is not limited to, concerts, sporting events, conferences, exhibitions, festivals, cultural events, or any organised event attracting 2,000 or more participants, delegates, attendees, spectators, or associated persons within the Cape Town Metropolitan area.

    3.4.3 Where any portion of a Guest's Booking falls within or overlaps with a peak period or major event as contemplated in this clause, the amended thirty (30) day cancellation notice requirement shall apply automatically to the Booking in its entirety, and not solely to the dates directly affected by the peak period or event.

    3.4.4 Cancellations received within thirty (30) days of the Check-In Date during such periods shall be treated as non-refundable, and Fluent reserves the right to retain the full Booking value in accordance with the cancellation penalty provisions set out in Clause 3.2.

    3.4.5 Fluent reserves the sole and absolute right to determine whether specific dates, events, demand periods, or market conditions qualify as a peak period for the purposes of this clause. A current schedule of designated peak periods and major events is published on the Fluent website at www.fluentliving.co.za. Where a Guest completes a Booking during or in respect of a period that is already designated as a peak period on the website, the Guest is deemed to have been aware of and to have accepted the amended cancellation terms.

    3.4.6 Guests are strongly advised to confirm the applicable cancellation policy at the time of booking.

    3.5 Full Payment at Booking

    Full payment of the total Booking amount is required at the time of reservation unless Fluent expressly provides otherwise in writing. Fluent is not obliged to hold any reservation without receipt of full payment. Failure to make payment within the prescribed timeframe will result in the automatic cancellation of the provisional reservation.

    3.6 Rate Fluctuations

    Rates are dynamically priced and may change at any time before a Booking is confirmed. Once a Booking is confirmed in writing and payment is received, the confirmed total value for the contracted period is fixed. No price adjustment, price matching, or retrospective rate reduction shall be made in respect of any confirmed Booking. Rates offered via OTA platforms are subject to those platforms' pricing structures, and Fluent makes no warranty regarding rate parity across all channels.

    3.7 Best Available Rate Policy

    3.7.1 All accommodation rates are dynamic and subject to change at any time without prior notice. Rates fluctuate based on a range of factors, including but not limited to demand, occupancy levels, seasonality, length of stay, booking window, availability, special events, and prevailing market conditions.

    3.7.2 The "Best Available Rate" is defined as the lowest unrestricted publicly available rate offered by Fluent at the specific time and date that a reservation is confirmed. The rate applicable to a Booking is therefore the rate displayed and accepted by the Guest at the exact time of Booking confirmation.

    3.7.3 Once a reservation has been confirmed, the agreed rate is fixed for that reservation. Should accommodation rates increase or decrease following confirmation, no amendment, adjustment, refund, credit, or reduction shall be made to the confirmed Booking value. Rate fluctuations after confirmation are a normal feature of a dynamic pricing environment and do not entitle the Guest to any rebate, refund, amendment, credit, or cancellation outside of the applicable cancellation terms set out in these Terms.

    3.7.4 Fluent reserves the right to update, modify, increase, decrease, or withdraw rates, promotions, packages, and availability at any time prior to Booking confirmation, without obligation to the Guest.

    3.7.5 Nothing in this clause creates any warranty that rates available through Fluent's direct channels will be equivalent to rates offered on OTA platforms. Rates on OTA platforms are governed by separate agreements and may differ from rates available through Fluent's direct booking channels.

    3.8 Booking Adjustments

    Any amendment to a reservation must be submitted in writing in accordance with Clause 3.9. In the event of an amendment to dates, unit type, or size, the total value may differ from the original booking value, and the new value will be the contracted value upon issuance of the written confirmation and receipt of payment.

    3.9 Written Cancellations and Amendments — Designated Channel

    NOTICE: ALL CANCELLATIONS AND AMENDMENTS TO CONFIRMED BOOKINGS MUST BE SUBMITTED IN WRITING TO amendments@fluentliving.com. REQUESTS SUBMITTED THROUGH ANY OTHER CHANNEL WILL NOT BE RECOGNISED OR ACTED UPON AND SHALL HAVE NO CONTRACTUAL EFFECT.

    3.9.1 All requests to cancel or amend a confirmed Booking, regardless of the nature or urgency of the request, must be submitted in writing and directed exclusively to: amendments@fluentliving.com

    3.9.2 For the avoidance of doubt, the following channels are not recognised for the purposes of processing cancellations or amendments, and any request submitted through them shall be of no force or effect:

    • WhatsApp or any other instant messaging platform;
    • Telephone or voice communication of any kind;
    • Any other email address associated with Fluent, its staff, or its operations;
    • Social media platforms or direct messages;
    • Third-party booking platform messaging systems, unless expressly confirmed in writing by Fluent via the designated address above.

    3.9.3 A cancellation or amendment request shall only be deemed received by Fluent upon delivery of a written request to amendments@fluentliving.com. Fluent will acknowledge receipt of all valid requests within one (1) Business Day. The Guest bears sole responsibility for ensuring that their request was transmitted to and received at the correct address.

    3.9.4 Cancellation penalties and notice periods shall be calculated with reference to the date and time at which the written request is received at the designated email address, not the date on which the request was sent or directed to any other channel.

    3.9.5 Fluent shall not be held liable for any loss, prejudice, or additional cost suffered by a Guest as a result of a cancellation or amendment request that was not submitted to the correct designated address.


    4. ONLINE PAYMENT, PAYMENT GATEWAYS, AND DISPUTED TRANSACTIONS

    4.1 Payment Processing

    Payments made through Fluent's booking website or any third-party OTA platform are processed via secure Online Payment Gateways. By submitting payment, the Guest authorises the full charge as presented and confirms that the payment method used belongs to the Guest or that the Guest has full authority to use it on behalf of the cardholder.

    4.2 Gateway Availability and Errors

    Fluent shall not be liable for any failure, error, delay, or security breach arising from or attributable to any Online Payment Gateway, third-party payment processor, or the Guest's financial institution, including:

    • Declined transactions due to card limits, fraud flags, or bank-imposed restrictions;
    • Technical outages or downtime of the payment gateway;
    • Currency conversion errors or international transaction fees charged by the Guest's bank;
    • Duplicate transactions caused by browser errors or connection interruptions.

    In the event of a duplicate charge attributable solely to Fluent's system, Fluent will investigate and, where confirmed, process a correction within a reasonable period. The Guest must notify Fluent in writing of any alleged duplicate charge, accompanied by supporting documentation. The Guest retains the right, in accordance with applicable South African banking law, to dispute any transaction within six months of the transaction date, and Fluent will cooperate in good faith with any such valid dispute raised within that statutory period.

    4.3 Disputed Transactions and Chargebacks

    NOTICE: GUESTS ARE ADVISED THAT INITIATING A CHARGEBACK OR PAYMENT REVERSAL IN RESPECT OF A VALIDLY PROCESSED NON-REFUNDABLE BOOKING DOES NOT CONSTITUTE A CONTRACTUALLY AGREED REMEDY UNDER THESE TERMS. FLUENT WILL CONTEST ALL SUCH DISPUTES WITH FULL DOCUMENTARY EVIDENCE.

    4.3.1 The Guest acknowledges and agrees that:

    • A payment dispute or chargeback initiated against a valid Non-Refundable Rate Booking, where the booking was completed, confirmed, and accommodation was available, does not constitute a valid basis for recovery of the applicable cancellation penalty;
    • Where a chargeback is initiated, Fluent will vigorously dispute the claim by submitting these Terms, the Booking confirmation, payment authorisation records, and all supporting evidence to the relevant card network and payment gateway;
    • If a chargeback dispute is found in Fluent's favour, the Guest shall be liable for any reasonable bank, gateway, or administrative fees incurred by Fluent in defending the dispute. Fluent reserves the right to recover such fees through available legal processes.
    • Fluent reserves the right to pursue recovery of amounts owed through civil proceedings in a court of competent jurisdiction in South Africa;
    • Nothing in this clause limits the Guest's rights under section 56 of the National Credit Act or any other applicable South African banking law governing the relationship between the Guest and their financial institution.

    4.4 Consumer Rights Under the CPA

    The Guest's statutory rights under the CPA, including the right to approach the National Consumer Commission ("NCC") or the National Consumer Tribunal ("NCT"), are not affected or excluded by these Terms. Nothing in Clause 4.3 shall be construed as preventing the Guest from exercising any right that cannot lawfully be waived under the CPA or any other applicable South African law.


    5. UNIT ALLOCATION AND APARTMENT REALLOCATION

    NOTICE: FLUENT RESERVES THE RIGHT TO REALLOCATE THE GUEST TO AN ALTERNATIVE APARTMENT AT ANY TIME. SPECIFIC APARTMENT NUMBERS DO NOT FORM PART OF THE CONFIRMED BOOKING. ANY REALLOCATION WILL BE TO AN APARTMENT OF A COMPARABLE STANDARD AND CATEGORY.

    5.1 Fluent operates a portfolio-based serviced apartment model. Specific apartment numbers or unit references do not form part of the confirmed Booking. The Booking is for a category of accommodation within the Fluent portfolio.

    5.2 Fluent may, at its sole and absolute discretion, reallocate the Guest to an alternative apartment before or during the stay for reasons including but not limited to:

    • Maintenance, remedial work, refurbishment, or emergency repairs;
    • Operational necessity or portfolio management decisions;
    • Health, safety, or building compliance requirements;
    • Instructions from the Body Corporate or building management;
    • Force Majeure Events;
    • Any other circumstance that Fluent reasonably determines requires reallocation.

    5.3 Any reallocation shall be to an apartment that meets or exceeds the square meterage of the originally booked unit and is of a comparable standard and category, within a reasonable proximity to the originally booked location, and with equivalent or superior amenities and facilities. Where the replacement unit meets these criteria, such reallocation shall not constitute grounds for cancellation, refund, rate reduction, compensation, or any claim against Fluent.

    5.4 Where reallocation is to a unit of a higher category or larger floor area, no additional charge shall be levied. Where reallocation is to a unit of equivalent floor area and comparable standard, no refund or price reduction shall be due.

    5.5 Mid-stay reallocation will only be effected where operationally necessary due to an emergency, safety risk, or circumstances beyond Fluent's control. Fluent will make every reasonable effort to minimise disruption in such instances.

    5.6 Fluent shall make reasonable efforts to notify the Guest of any reallocation prior to the Check-In Date, where possible. Failure to provide advance notice does not affect Fluent's right to reallocate and does not entitle the Guest to any remedy, provided the replacement unit meets the specifications in Clause 5.3.

    5.7 The Guest acknowledges and agrees that the right of reallocation under this clause is a fundamental and material term of this agreement, without which Fluent would not have entered into the Booking on the stated commercial terms.


    6. CHECK-IN, CHECK-OUT, AND ACCESS

    6.1 Unless otherwise confirmed in writing in the Booking confirmation, standard check-in is from 15:00 and check-out is by 10:00 on the respective dates. Fluent does not guarantee early check-in or late check-out, and any such accommodation shall be at Fluent's sole discretion and may be subject to an additional fee.

    6.2 The Guest is responsible for adhering to the check-in process as communicated by Fluent. Failure to follow the designated access procedure may result in delays, restricted access, or inability to access the apartment, for which Fluent accepts no liability.

    6.3 A no-show occurs when a Guest fails to arrive and does not notify Fluent prior to the original Check-In Date. In the event of a no-show, the Booking shall be treated as cancelled, and 100% of the Booking value shall be retained by Fluent as a cancellation penalty in terms of Clause 3. No refund, credit, or alternative accommodation shall be provided.

    6.4 Any unused portion of the reservation resulting from early departure shall not entitle the Guest to any refund, credit, or compensation, in accordance with Clause 28. This unused portion will not be held for the Guest and will be released for sale.

    6.5 Access Devices — Provision, Loss, and Replacement.

    6.5.1 At the time of check-in, Fluent will provide the Guest with the access tokens, key cards, and/or physical keys required for access to the apartment and the building ("Access Devices"). The Guest is responsible for the safekeeping of all Access Devices throughout the stay.

    6.5.2 Where Access Devices are lost, damaged, or misplaced by the Guest, Fluent reserves the right to levy a replacement charge covering the full cost of replacing and re-programming locks, access cards, and associated security infrastructure. Fluent reserves the right to withhold replacement Access Devices until such replacement charge has been paid in full.

    6.5.3 Where a loss of Access Devices occurs during Business Hours, Fluent will use reasonable efforts to assist the Guest with re-entry and replacement. Where a loss occurs outside of Business Hours, Fluent will make reasonable efforts to assist but cannot guarantee that re-entry will be possible before the commencement of the next Business Day, and Fluent shall bear no liability for any inconvenience or cost arising from the Guest's inability to access the apartment outside of Business Hours.

    6.6 Access Failure Due to Fluent-Side Error. Where the Guest is unable to access the apartment on the Check-In Date due to a failure attributable to Fluent (including a defective access code, missing key, or system error), Fluent will use reasonable efforts to resolve the access failure within two (2) hours of being notified by the Guest. Where the failure cannot be resolved within two hours, Fluent will arrange equivalent temporary accommodation at Fluent's cost for the duration of the access failure, where such accommodation is available.

    6.6.1 The obligations in Clause 6.6 do not apply where the Guest has been requested or required to vacate the apartment under Clause 27. In such circumstances, Fluent reserves the right to restrict building access and to permit only a single identified occupant access to the apartment for the limited purpose of packing and collecting personal belongings, under the supervision of Fluent's authorised representative.


    7. GUEST OBLIGATIONS AND CONDUCT

    7.1 The Guest agrees to use the apartment solely for legitimate short-term residential accommodation purposes and shall:

    • Comply with all applicable laws and regulations of the Republic of South Africa;
    • Respect the rights and comfort of other building occupants and neighbours;
    • Adhere to building rules, Body Corporate conduct rules, and any house rules communicated by Fluent;
    • Not conduct any commercial activity, professional filming, commercial photography, or events without prior written consent from Fluent;
    • Not smoke within the apartment or in common areas where smoking is prohibited by applicable law or building rules;
    • Not keep animals or pets without prior written approval from Fluent and the Body Corporate, where required;
    • Do not make alterations of any kind to the apartment, its fixtures, fittings, or systems;
    • Ensure that access codes, key cards, and physical keys are kept secure and are not shared with unauthorised individuals;
    • Comply with all applicable noise regulations, including municipal by-laws governing residential noise;
    • Do not remove any items from the apartment to another unit, even where the Guest has booked more than one apartment within the Fluent portfolio;
    • Ensure that their guests conduct themselves in accordance with these Terms. The registered occupant accepts full responsibility for the conduct of all persons granted access to the apartment during the stay.

    7.2 Commercial Activity. For the avoidance of doubt, "commercial activity" includes, without limitation, the operation of a business from the apartment, the hosting of paid events, commercial filming or photography conducted for commercial purposes, or any other activity that generates direct revenue from the use of the apartment. Incidental remote working by the Guest for their employer or for their own professional purposes does not constitute commercial activity for the purposes of this clause.

    7.3 Occupancy Limits and Unauthorised Guests.

    NOTICE: ACCESS TO THE APARTMENT IS LIMITED TO THE MAXIMUM NUMBER OF OCCUPANTS CONFIRMED IN THE BOOKING. THE PRESENCE OF ADDITIONAL UNAUTHORISED PERSONS CONSTITUTES A MATERIAL BREACH OF THESE TERMS AND MAY RESULT IN IMMEDIATE TERMINATION OF THE STAY WITHOUT REFUND.

    7.3.1 Access to the apartment is strictly limited to the number of occupants confirmed at the time of booking. Exceptions may be made at the sole discretion of Fluent. Fluent is not obliged to provide reasons for declining a request for additional occupants, and any such request must be made in writing and approved by Fluent before any additional person is granted access.

    7.3.2 Where it is found that the apartment is occupied by more persons than the confirmed booking permits, and such additional occupancy has not been expressly approved by Fluent in writing, this shall constitute a material breach of these Terms. In such circumstances, Fluent reserves the right to enforce the immediate vacation of the apartment within the sixty (60) minute period provided in Clause 27, and to refuse any refund or compensation in respect of any unused portion of the Booking.

    7.3.3 For the purposes of determining whether the maximum occupancy has been exceeded, Fluent may conduct reasonable access inspections of the apartment at any time, subject to providing reasonable prior notice except in circumstances of emergency or reasonable suspicion of a breach.

    7.4 Fluent reserves the right to terminate the Guest's stay and require immediate vacation in the event of a serious or material breach of any of these obligations, including conduct that disturbs the peace of other occupants, causes damage to property, constitutes an unlawful act, or violates Body Corporate rules. Termination under this clause shall not entitle the Guest to any refund or claim of any portion of the Booking, in accordance with Clause 28.


    8. GUEST VALUABLES, PERSONAL PROPERTY, AND THE IN-ROOM SAFE

    IMPORTANT NOTICE: A SECURE ELECTRONIC SAFE IS PROVIDED IN EVERY FLUENT APARTMENT. THE GUEST IS STRONGLY ENCOURAGED TO USE THE SAFE FOR ALL VALUABLES. FLUENT'S LIABILITY FOR ANY LOSS IS LIMITED AS SET OUT IN THIS CLAUSE. THE GUEST IS ADVISED TO OBTAIN COMPREHENSIVE TRAVEL INSURANCE COVERING PERSONAL VALUABLES AS A MATTER OF PRIORITY.

    8.1 Fluent provides an electronic in-room safe in every apartment for the exclusive use of the Guest at no additional charge. The safe is intended to enable the Guest to secure cash, jewellery, electronic devices, travel documents, and other valuables.

    8.2 It is the Guest's sole responsibility to:

    • Familiarise themselves with the operation of the in-room safe upon check-in;
    • Store all valuables within the safe whenever such items are unattended in the apartment;
    • Set and safeguard a personal access code for the safe.
    • Report any malfunction of the safe to Fluent immediately upon discovery.

    8.3 Fluent shall bear no liability for any loss, theft, damage, or disappearance of any personal property, cash, jewellery, documents, or electronic equipment:

    • Where such items were not stored in the in-room safe at the time of the loss;
    • Where the Guest fails to demonstrate that the safe was in use and in working condition at the relevant time;
    • Where the Guest contributed to the loss through negligence, failure to secure the apartment, or by sharing access details with third parties.

    8.4 Liability Cap — Safe and Valuables. The use of the in-room safe does not, in itself, create any obligation on Fluent to compensate the Guest in the event of a loss. Where a claim is made in connection with loss of or damage to any item — whether stored in the safe or otherwise — the maximum amount claimable from Fluent shall not exceed the total value of accommodation paid by the Guest for the Booking, subject to an absolute maximum equivalent to five (5) nights' accommodation at the confirmed nightly rate ("Liability Cap"). Fluent retains sole discretion to determine whether any compensation is appropriate and the quantum thereof, subject to Fluent's obligations that cannot be excluded by law under the CPA.

    8.5 The Guest is strongly advised to obtain comprehensive travel insurance that includes cover for personal valuables, theft, and loss, whether or not items are stored in the in-room safe. The availability of the in-room safe does not diminish the importance of independent travel insurance.

    8.6 SAPS Reporting and Information Disclosure. Where the Guest alleges theft from within the in-room safe or from the apartment, the Guest must report such loss immediately to Fluent and to the South African Police Service (SAPS). The Guest must provide Fluent with a copy of the SAPS case number as a precondition of any further engagement by Fluent regarding the alleged loss. Fluent will extend full cooperation to the SAPS, including providing access to any available video footage, electronic access logs, entry and exit records, and any other relevant information requested by the SAPS in the course of their investigation. Fluent is under no obligation to disclose any such information or records to the Guest or to any third party, and will not do so unless compelled by a valid order of a court of competent jurisdiction in the Republic of South Africa or by a lawful directive of the SAPS.

    8.7 Fluent shall not be liable for any loss of, or damage to, items left in the apartment after check-out. Fluent will make reasonable efforts to identify and contact the Guest regarding any found property, but does not guarantee recovery. Storage of found items shall be at Fluent's sole discretion and for a maximum period of 60 (sixty) calendar days, after which unclaimed items may be disposed of or donated. Fluent will use reasonable efforts to notify the Guest at their last known contact address before disposal.

    8.8 Fluent is not a custodian or bailee of any Guest property, and no relationship of bailment arises by virtue of a Booking or occupancy of a Fluent apartment.


    9. PROPERTY DAMAGE, SECURITY DEPOSIT, AND CHECK-IN INSPECTION

    NOTICE: THE GUEST IS FULLY LIABLE FOR ANY DAMAGE CAUSED TO THE APARTMENT, ITS CONTENTS, OR THE BUILDING DURING THE STAY. FLUENT RESERVES THE RIGHT TO CHARGE THE PAYMENT METHOD ON FILE FOR THE FULL COST OF REPAIR OR REPLACEMENT.

    9.1 The Guest shall be fully liable for any damage caused to the apartment, its fixtures, fittings, furniture, appliances, or any part of the building, whether caused by the Guest, members of the Guest's party, or any third party permitted access to the apartment by the Guest.

    9.2 Fluent reserves the right to charge the payment method on file, or to invoice the Guest directly, for the cost of repair, replacement, or restoration of any damaged property, including professional deep-cleaning costs where the apartment is left in an unreasonably unacceptable condition. Fluent will endeavour to notify the Guest of any damage claim within 7 (seven) Business Days of the Check-Out Date. Fluent reserves the right to raise claims beyond this period where damage is not immediately apparent at check-out, where specialist assessment is required, or where the cost of remediation is not determinable within that period.

    9.3 Fluent may require the Guest to provide a refundable security deposit at check-in or at the time of booking. The deposit shall be held as security for any damage, loss, or additional charges incurred during the stay. The deposit shall be refunded within a reasonable period following check-out, less any lawful deductions. In the event of a deduction, Fluent will provide the Guest with a written breakdown of the amounts deducted.

    9.4 The Guest's liability for damage is not limited to the value of any security deposit. Where damage exceeds the security deposit, Fluent reserves the right to pursue recovery of the full balance through all available legal means.

    9.5 Check-In Condition Inspection. Fluent conducts a condition inspection of each apartment prior to the Guest's check-in. A photographic and written record of the apartment's condition at check-in is maintained by Fluent and constitutes the baseline record against which any damage claims shall be assessed. Where the Guest identifies any pre-existing damage or defects upon check-in, they must report this to Fluent in writing within 2 (two) hours of taking occupation. Damage reported after this period may be treated as having occurred during the Guest's stay.


    10. SERVICE DELIVERY, COMPLAINTS, AND REMEDIES

    10.1 Service Standards

    Fluent undertakes to provide serviced apartment accommodation in a reasonable condition consistent with the standard of the property as represented at the time of booking. Fluent does not warrant that the accommodation will be entirely free from all defects or that all services will be available uninterruptedly at all times throughout the stay.

    10.2 Reporting of Issues

    Any issue, defect, or service shortcoming must be reported to Fluent as soon as reasonably practicable during the stay by telephone or written electronic communication to the Fluent operations team. Fluent will use commercially reasonable efforts to address reported issues within a reasonable timeframe, subject to the nature and severity of the issue and resource availability.

    NOTICE: COMPLAINTS NOT RAISED DURING THE STAY WILL BE ASSESSED WITH REFERENCE TO WHETHER A REASONABLE GUEST WOULD HAVE IDENTIFIED AND REPORTED THE ISSUE DURING THE OCCUPANCY PERIOD. FLUENT WILL NOT CONSIDER POST-DEPARTURE COMPLAINTS IN RESPECT OF ISSUES THAT COULD REASONABLY HAVE BEEN RAISED DURING THE STAY, SAVE WHERE THE CLAIM RELATES TO A LATENT DEFECT NOT DISCOVERABLE DURING OCCUPANCY.

    10.3 Limitation of Remedy for Service Issues

    The Guest acknowledges and agrees that:

    • Minor service issues, inconveniences, aesthetic concerns, or non-material operational matters do not entitle the Guest to any refund, discount, rate reduction, or compensation. The appropriate remedy for a minor service issue is for Fluent to address and remediate it during the stay.
    • The resolution of any reported service issue shall be at Fluent's reasonable discretion, which shall determine the appropriate remedial action;
    • Any remediation offered by Fluent (including maintenance attendance, equipment replacement, or a goodwill gesture) shall not be construed as an admission of liability or a general obligation to provide financial compensation;
    • Where an issue renders the accommodation objectively uninhabitable or unsafe, the Guest shall notify Fluent immediately, whereupon Fluent shall take reasonable steps to address the issue or arrange an equivalent alternative where available.

    10.4 Post-Departure Claims

    No refund, discount, or compensation claim will be considered after the Guest has checked out, except where the Guest raised the matter formally during the stay and Fluent failed to resolve it before departure. By departing without raising an unresolved material complaint with Fluent, the Guest is deemed to have accepted the condition of the accommodation and the service delivered during the stay, subject to the Guest's statutory rights that cannot be excluded under the CPA.


    11. BODY CORPORATE, BUILDING INFRASTRUCTURE, AND SHARED SERVICES

    11.1 Fluent apartments are situated within multi-unit residential or mixed-use buildings governed in part by a Body Corporate, homeowners' association, or building management company. Certain shared infrastructure, common areas, and services within the building fall under the exclusive control and responsibility of the Body Corporate and not Fluent.

    11.2 The following matters are within the exclusive jurisdiction and responsibility of the Body Corporate and are outside Fluent's control:

    • Lift and elevator maintenance, failure, or downtime;
    • Building-wide access control, parking facilities, and common entrances;
    • Swimming pool, gym, and communal amenity availability and maintenance;
    • External building maintenance, façade work, and structural repairs;
    • Common area lighting, ventilation, and shared utility supply;
    • Noise, conduct, or disruption caused by other building occupants;
    • Building-wide security systems;
    • Building conduct rules and management decisions issued by the Body Corporate.

    11.3 Fluent shall not be held liable for any disruption, limitation, inconvenience, or loss arising from any action, decision, failure, or omission of the Body Corporate. The Guest expressly acknowledges that any remedy in respect of Body Corporate matters lies against the Body Corporate and not Fluent.

    11.4 Where building works, renovations, or maintenance activities are conducted by the Body Corporate or its agents, Fluent shall notify the Guest where it has prior knowledge of such works. Where prior knowledge is not available, Fluent shall not be liable for the impact of such works on the Guest's stay.

    11.5 Disclosure of Known Disruptions. Where Fluent is aware, at the time of a Booking being confirmed, of any planned works, scheduled closures, or significant disruptions to building amenities under the jurisdiction of the Body Corporate, Fluent will make reasonable efforts to disclose this to the Guest before or at the time of confirming the Booking.


    12. FORCE MAJEURE AND EVENTS BEYOND FLUENT'S CONTROL

    12.1 Fluent shall not be in breach of these Terms, and shall not be liable to the Guest, for any delay or failure to perform any obligation where such delay or failure arises from a Force Majeure Event that directly affects the apartment, the building in which the apartment is situated, or the immediate area in which the property is located.

    12.2 A "Force Majeure Event" means an extraordinary event or circumstance beyond Fluent's reasonable control that directly and materially prevents Fluent from performing its obligations in respect of the specific apartment, including but not limited to:

    • Acts of God directly affecting the property or its immediate area, including earthquake, flood, fire, storm, lightning, drought, or other natural disaster;
    • Epidemic, pandemic, or public health emergency declared by a competent South African authority that renders the apartment or access to it unlawful or impossible;
    • National or regional load shedding, power grid failure, or electricity supply interruptions by Eskom or any successor entity or municipal provider;
    • Water supply interruptions, water rationing, or municipal restrictions affecting the property;
    • Civil unrest, public disorder, riots, or protest action directly affecting access to or use of the property;
    • Acts of terrorism, war, or armed conflict directly affecting the property or its immediate vicinity;
    • Government action, regulation, proclamation, or prohibition, including area-specific curfews or lockdowns that prevent occupation of the apartment;
    • Strikes, labour disputes, or industrial action by third-party service providers directly affecting the property;
    • Any other extraordinary event beyond Fluent's reasonable control that is not attributable to Fluent's negligence or wilful misconduct and that directly prevents performance of Fluent's obligations.

    12.3 For the avoidance of doubt, events occurring in other parts of South Africa or internationally that do not directly affect the apartment, the building, or immediate access to the property do not constitute a Force Majeure Event for the purposes of these Terms. The determination of whether a Force Majeure Event has occurred, and whether it is of sufficient proximity and severity to affect Fluent's obligations in respect of a specific Booking, shall be made by Fluent in its reasonable discretion.

    12.4 The Guest is strongly encouraged to obtain comprehensive travel insurance that covers Force Majeure events, including cancellations and interruptions arising from circumstances beyond the Guest's or Fluent's control. The existence of a Force Majeure Event does not entitle the Guest to a refund under these Terms, and the Guest's appropriate remedy in such circumstances is to claim against their travel insurance policy.

    12.5 In circumstances of a Force Majeure Event, Fluent's obligations shall be suspended for the duration of the event. Subject to section 17 of the CPA, Fluent shall not be required to provide any refund, alternative accommodation, compensation, or credit as a result of a Force Majeure Event. Nothing in this clause excludes any right of the Guest that cannot lawfully be excluded under the CPA in the event that performance of Fluent's obligations becomes permanently impossible.

    12.6 Where a Force Majeure Event continues for more than 7 (seven) consecutive days and directly renders the apartment unavailable for occupation, Fluent may, at its sole election, cancel the affected Booking by written notice to the Guest. In such circumstances, Fluent may, in its discretion, offer the Guest a credit toward a future stay. Any such offer does not constitute an admission of liability, and the Guest's rights under the CPA are preserved.


    13. ELECTRICITY, UTILITIES, AND ESSENTIAL SERVICES

    13.1 South Africa currently operates under a system of rolling power outages ("load shedding") administered by Eskom and certain municipal electricity distributors. These outages occur without Fluent's control and are a consequence of national energy infrastructure constraints.

    13.2 Fluent shall not be held liable for any interruption to electricity supply, including scheduled or unplanned outages, or the consequential effects thereof, including disruption to electronic access control, lifts, appliances, entertainment systems, or internet connectivity, loss of refrigeration of Guest food items, or any personal inconvenience arising therefrom.

    13.3 No refund, credit, or reduction in rate shall be payable in connection with any interruption to electricity, water, sewage, telecommunications, or any other utility service, whether caused by Eskom, the municipality, the Body Corporate, or any other external party.


    14. ONLINE LIABILITY AND DIGITAL SERVICES

    14.1 Website Use

    The Fluent website and booking platform are provided on an "as is" and "as available" basis. Fluent makes no warranty that the website will be uninterrupted, error-free, or free from viruses or harmful components. Fluent shall not be liable for any loss or damage arising from the Guest's reasonable reliance on materially inaccurate information displayed on the website, technical failures, or unavailability of the booking system.

    14.2 Digital Communications and ECTA Compliance

    Booking confirmations, invoices, and other communications are transmitted electronically in compliance with ECTA. The Guest is responsible for ensuring that email addresses and contact details provided at the time of booking are accurate and functional. Fluent shall not be liable for missed communications resulting from incorrect contact details, spam filtering, or the Guest's failure to monitor their inbox. Electronic contracts concluded via Fluent's booking platform are valid and enforceable in accordance with ECTA.

    14.3 Third-Party Platforms

    Where a Booking is made through an OTA or third-party platform, Fluent is not responsible for the accuracy of information presented on that platform, the platform's policies, or any representations made by the platform's customer service. These Terms shall apply in full to all Bookings regardless of the channel through which they were made. Where there is a conflict between OTA terms and these Terms, Fluent's Terms shall prevail to the maximum extent permitted by applicable law, subject to any non-waivable rights of the Guest under the CPA.

    14.4 POPIA — Data Privacy and Personal Information

    14.4.1 Fluent processes personal information in accordance with POPIA. By making a Booking, the Guest consents to the collection, processing, and storage of their personal information for the purposes of completing the Booking, managing the stay, communicating with the Guest, complying with legal obligations, and improving Fluent's services.

    14.4.2 Guest information will not be sold or disclosed to third parties except as required by law or to fulfil the Booking (e.g., payment processors, building management, Body Corporate). Fluent implements reasonable technical and organisational safeguards to protect personal information from unauthorised access, loss, or misuse.

    14.4.3 The Guest has the right to access, correct, object to, or request deletion of their personal information held by Fluent, subject to applicable legal requirements. Requests may be directed to Fluent's Information Officer at: amendments@fluentliving.com.

    14.4.4 Fluent's POPIA Compliance Framework and Privacy Policy are available on request and on the Fluent website.

    14.5 Cybersecurity

    While Fluent implements reasonable security measures to protect digital data, Fluent shall not be liable for any loss arising from cybersecurity incidents, data breaches, or attacks on third-party payment gateways or OTA platforms where such incidents are outside Fluent's reasonable control and Fluent has not been grossly negligent in its security practices.


    15. LIMITATION OF LIABILITY

    NOTICE: THIS CLAUSE LIMITS FLUENT'S LIABILITY. PLEASE READ CAREFULLY. YOUR ATTENTION IS DRAWN TO THIS CLAUSE IN ACCORDANCE WITH SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008.

    15.1 To the maximum extent permitted by applicable South African law, Fluent's total aggregate liability to the Guest in connection with any Booking or stay shall not exceed the total amount paid by the Guest for the specific Booking giving rise to the claim.

    15.2 Subject to Clause 15.3, Fluent shall not be liable for:

    • Any indirect, consequential, incidental, or special loss;
    • Loss of income, loss of profit, or loss of business opportunity;
    • Loss of enjoyment, loss of anticipated benefit, or disappointment;
    • Costs of alternative accommodation or travel, save where Fluent is expressly required by law to provide these;
    • Psychological distress or emotional harm, save where directly caused by Fluent's gross negligence;
    • Any losses arising from the Guest's own negligence, failure to follow Fluent's reasonable instructions, or breach of these Terms.

    15.3 Nothing in these Terms limits or excludes Fluent's liability for:

    • Death or personal injury caused by Fluent's gross negligence or wilful misconduct;
    • Fraud or fraudulent misrepresentation;
    • Any liability that cannot lawfully be excluded under the CPA, PEPUDA, or any other applicable South African law.

    15.4 The limitations and exclusions of liability in these Terms are reasonable having regard to all relevant circumstances, including the nature of the services provided, the pricing structure, and the availability of travel insurance.

    15.5 Goodwill Assistance. Where Fluent cancels a confirmed Booking other than as a result of Force Majeure, Guest conduct, or management contract termination, Fluent may, entirely at its own discretion and without incurring any obligation to do so, use reasonable commercial efforts to assist the Guest in identifying comparable alternative accommodation. Any such assistance is provided as a goodwill measure only and does not constitute an admission of liability or an obligation to fund, arrange, or guarantee alternative accommodation.


    16. BOOKING MODIFICATIONS AND CANCELLATIONS

    16.1 All confirmed Bookings are final, save where Fluent expressly agrees to an amendment in writing in accordance with Clause 3.8 and Clause 3.9. No modifications to stay dates, apartment category, number of guests, or any other material term shall be permitted once the Booking is confirmed, unless Fluent expressly agrees in writing. Fluent is under no obligation to agree to any modification.

    16.2 Any exception granted by Fluent to this provision shall be at Fluent's sole and absolute discretion and may be subject to administrative fees, rate adjustments, and availability constraints.

    16.3 The Guest may not transfer or assign a Booking to any third party without Fluent's prior written consent. Any purported transfer or assignment without consent shall be void and of no effect.

    16.4 For Flexible Rate Bookings, the default cancellation schedule in Clause 3.3 shall apply unless the Booking confirmation expressly states otherwise, consistent with section 17 of the CPA.

    16.5 All requests to cancel or modify a Booking, regardless of rate type or booking channel, must be submitted exclusively through the designated written channel set out in Clause 3.9. Requests submitted via any other channel shall have no contractual effect.


    17. THIRD-PARTY BOOKINGS AND OTA PLATFORMS

    17.1 Where a Booking is made through a third-party OTA platform, the Guest's contractual relationship with that OTA is separate from the Guest's relationship with Fluent. These Terms apply in full to the actual occupancy and use of the Fluent apartment regardless of the booking channel.

    17.2 Any cancellation or modification policies displayed on an OTA platform apply to the OTA's processing of the Booking and do not alter Fluent's non-refundable position unless Fluent has expressly confirmed otherwise in writing. Guests are strongly encouraged to read both the OTA's policies and these Terms before booking.

    17.3 Fluent is not responsible for errors, omissions, or misrepresentations made on OTA platforms regarding the apartment, its features, or its cancellation policy. Where a discrepancy exists, the Guest should contact Fluent directly before completing the Booking.


    18. HEALTH, SAFETY, AND SECURITY

    18.1 Fluent undertakes to maintain apartments in a condition that meets applicable health and safety standards under South African law. The Guest is expected to use the apartment in a responsible manner and to take appropriate precautions for their own safety and the safety of all members of their party.

    18.2 The Guest shall not tamper with, disable, or obstruct any safety equipment, smoke detectors, fire extinguishers, sprinkler systems, or emergency apparatus within the apartment or building. Any interference with safety systems may constitute a criminal offence under applicable South African law.

    18.3 In the event of an emergency, the Guest shall follow the building's emergency procedures and contact the relevant emergency services (10111 — SAPS, 10177 — Ambulance, 107 — Fire). Fluent shall not be liable for any injury or loss arising from the Guest's failure to follow emergency procedures.

    18.4 Building-level security is the responsibility of the Body Corporate and its appointed service providers. Fluent does not provide security services within apartments and does not warrant the adequacy of any building security arrangement. Guests are responsible for their own personal security within the apartment.


    19. COMPLAINTS PROCEDURE

    19.1 Any complaint must be submitted in writing to Fluent's operations team during the stay at the earliest reasonable opportunity. Complaints submitted verbally must be confirmed in writing within 24 hours. Written complaints may be submitted via email to: amendments@fluentliving.com.

    19.2 Fluent undertakes to acknowledge all written complaints within a reasonable period and to investigate the matter in good faith. Fluent's response to any complaint shall constitute Fluent's final position in respect thereof, subject to the Guest's rights under applicable South African law.

    19.3 No complaint raised after departure shall entitle the Guest to a refund, discount, or compensation, save where the complaint relates to a matter raised during the stay that remained unresolved at the time of departure, or where a latent defect not discoverable during the stay comes to light post-departure.

    19.4 The Guest's rights to approach the National Consumer Commission (NCC) under the CPA, the National Consumer Tribunal (NCT), or any other relevant consumer protection authority are not affected or limited by this clause or any other provision of these Terms.


    20. NO SET-OFF, WITHHOLDING, OR DEDUCTION

    20.1 The Guest shall not be entitled to withhold, deduct, or set off any amount due to Fluent under these Terms where a bona fide dispute, complaint, or counterclaim is pending, except to the extent that set-off is required by operation of law. All amounts due under a confirmed Booking shall remain payable by the due date, without prejudice to the Guest's right to pursue any legitimate counterclaim through the appropriate legal or consumer protection channels.

    20.2 This clause does not limit any right that arises by operation of law that cannot lawfully be excluded by contract.


    21. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

    21.1 These Terms shall be governed by and construed exclusively in accordance with the laws of the Republic of South Africa.

    21.2 Any dispute arising from or in connection with these Terms or any Booking shall be subject to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town, unless the parties agree otherwise in writing or unless Fluent elects in its discretion to refer the matter to another court of competent jurisdiction. For claims within the jurisdictional limit of the Magistrate's Court, Fluent may elect to institute proceedings in the Magistrate's Court of the jurisdiction in which the relevant property is located.

    21.3 Prior to instituting formal proceedings, the parties shall attempt to resolve any dispute through good faith direct negotiation. If the dispute is not resolved within 15 (fifteen) Business Days of written notice of the dispute being served, either party may refer the matter to a mutually agreed mediator, failing agreement, to a mediator appointed by the Western Cape Mediation Association, at the cost of both parties equally.

    21.4 The Guest's right to approach the National Consumer Tribunal, the National Consumer Commission, or any other consumer protection authority under the CPA is expressly preserved and is not restricted by anything in this clause.


    22. AMENDMENTS TO THESE TERMS

    Fluent reserves the right to amend these Terms at any time. The version of these Terms in force at the time of a confirmed Booking shall apply to that Booking. Updated Terms shall apply to all new Bookings made after the date of publication. The most current version of these Terms shall at all times be available on the Fluent website at www.fluentliving.com. Fluent will endeavour to provide reasonable notice of material changes to these Terms.


    23. ENTIRE AGREEMENT AND SEVERABILITY

    23.1 These Terms, together with the written Booking confirmation, constitute the entire agreement between Fluent and the Guest in respect of the subject matter hereof and supersede all prior agreements, representations, or understandings, whether oral or written, except as expressly incorporated herein.

    23.2 If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction or the National Consumer Tribunal, that provision shall be severed or modified to the minimum extent necessary to make it enforceable, and the remainder of the Terms shall continue in full force and effect.

    23.3 No waiver by Fluent of any breach of these Terms shall constitute a waiver of any prior or subsequent breach. No waiver shall be effective unless made in writing and signed by an authorised representative of Fluent.


    24. THIRD-PARTY BOOKING PLATFORMS: PAYMENT OBLIGATIONS AND RIGHT TO CANCEL

    24.1 Application

    This clause applies to all Bookings made through an OTA or third-party booking intermediary, including Airbnb, Booking.com, Expedia, Hotels.com, Agoda, TripAdvisor, and any other channel through which a reservation is transmitted to Fluent. This clause applies in addition to Clause 17.

    24.2 Fluent's Right to Cancel OTA-Sourced Bookings

    NOTICE: FLUENT RESERVES THE RIGHT TO CANCEL ANY OTA-SOURCED BOOKING WHERE THE OTA HAS FAILED TO COMPLY WITH FLUENT'S BOOKING TERMS OR PAYMENT REQUIREMENTS, OR WHERE FLUENT'S RIGHTS UNDER ANY APPLICABLE OTA AGREEMENT ENTITLE IT TO DO SO. WHERE POSSIBLE, FLUENT WILL PROVIDE REASONABLE NOTICE TO THE GUEST.

    The Guest acknowledges and agrees that:

    • Fluent's obligation to accommodate the Guest is conditional upon the OTA having complied with Fluent's terms, including all applicable payment, communication, and booking protocol requirements, as well as the terms of any OTA-specific agreement between Fluent and that OTA. Fluent's rights under this clause are exercised subject to, and shall not override, the terms of any applicable signed OTA agreement;
    • Where an OTA has not transmitted a confirmed Booking in accordance with Fluent's requirements, Fluent reserves the right to treat the Booking as unconfirmed and to decline accommodation. Fluent will use reasonable efforts to notify the Guest as soon as practicable.
    • Where an OTA engages in conduct that is, in Fluent's reasonable assessment, contrary to Fluent's operational, reputational, or financial interests — including misrepresentation of the property, failure to adhere to agreed commercial terms, or any other material breach of the applicable OTA agreement — Fluent reserves the right to cancel Bookings associated with that OTA. Fluent will provide the Guest with a written confirmation of cancellation to assist in pursuing a claim against the OTA.
    • In the event of cancellation arising from OTA non-compliance, the Guest's primary remedy lies against the OTA. Fluent's liability shall be limited to amounts actually received and held by Fluent in respect of the affected Booking, less any reasonable costs incurred.

    24.3 Direct Payment Where OTA Has Not Settled

    Where Fluent has not received full, confirmed, and cleared payment from an OTA before the Check-In Date, Fluent reserves the right to require the Guest to make direct payment as a precondition of check-in. In such circumstances:

    • Fluent will contact the Guest in advance of the Check-In Date to advise that full settlement has not been received from the OTA and that direct payment is required;
    • The Guest must settle the full outstanding Booking amount directly with Fluent by the method and within the timeframe specified by Fluent. Failure to do so entitles Fluent to cancel the Booking and decline check-in.
    • Where the Guest makes direct payment, the Guest assumes responsibility for recovering amounts previously paid to the OTA directly from that OTA. Fluent does not accept liability for double-payment situations resulting from the OTA's failure to remit funds.
    • Fluent shall not be required to mediate in any dispute between the Guest and the OTA regarding payment.

    24.4 OTA Cancellation Policy Conflicts

    Where an OTA's stated cancellation or refund policy conflicts with Fluent's Non-Refundable Rate policy, Fluent's Terms shall prevail in respect of all amounts paid directly to Fluent. Any refund arising under an OTA's own policy is payable solely by the OTA from amounts retained by that OTA and does not create any obligation on Fluent to refund amounts received by Fluent.


    25. FLUENT'S RIGHT TO DECLINE CHECK-IN

    NOTICE: FLUENT RESERVES THE RIGHT TO DECLINE CHECK-IN IN CERTAIN CIRCUMSTANCES. THIS RIGHT WILL BE EXERCISED REASONABLY, IN GOOD FAITH, AND IN COMPLIANCE WITH PEPUDA AND THE CPA.

    25.1 Fluent reserves the right to decline check-in to a Guest where Fluent has a reasonable basis for doing so, including but not limited to:

    • The Guest has provided false, fraudulent, or materially inaccurate information in connection with the Booking;
    • The Booking is suspected to be fraudulent or made in bad faith;
    • There is a failure to comply with Fluent's identification or verification requirements, or the occupants differ from those confirmed in the reservation;
    • There is a failure by the Guest or the OTA to confirm payment or comply with payment requirements under Clause 24;
    • The Guest has previously caused damage to Fluent property or has been removed from a Fluent property for misconduct;
    • The Guest's conduct at or before check-in is disruptive, threatening, abusive, or in violation of these Terms;
    • The number of occupants at check-in exceeds the confirmed Booking capacity.
    • Any other reasonable ground that Fluent can substantiate.

    25.2 Fluent will, where reasonably practicable, provide the Guest with written notice of the reason for declining check-in. Fluent acknowledges its obligation to act in good faith and not arbitrarily in exercising this right.

    25.3 Where check-in is declined, any refund of amounts paid directly to Fluent shall be determined with reference to the specific circumstances:

    • Where check-in is declined due to the Guest's own conduct, fraud, or breach, no refund shall be payable;
    • Where check-in is declined for reasons unrelated to the Guest's conduct, Fluent shall, where required by the CPA, refund amounts paid less any reasonable cancellation penalty;
    • Under no circumstances shall Fluent be liable for travel costs, flight expenses, car hire, or any other consequential loss arising from a lawful decline of check-in.

    25.4 This clause shall at all times be exercised in strict compliance with applicable South African law, including PEPUDA. Decline of check-in shall not be based on any ground constituting unfair discrimination as defined in PEPUDA, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, or birth.


    26. FAILURE TO VACATE ON CHECK-OUT DATE AND OVERSTAY

    IMPORTANT: THE GUEST IS REQUIRED TO VACATE THE APARTMENT BY THE DESIGNATED CHECK-OUT TIME. FAILURE TO VACATE WILL RESULT IN AN OVERSTAY CHARGE AND MAY RESULT IN FLUENT SECURING THE APARTMENT IN ACCORDANCE WITH THIS CLAUSE.

    26.1 The Guest is required to vacate the apartment and return all keys, access cards, and access devices by the designated check-out time on the Check-Out Date. Time is of the essence in respect of this obligation.

    26.2 Where the Guest fails to vacate by the designated check-out time without prior written authorisation from Fluent for a late check-out, Fluent shall be entitled, after a period of not less than 60 (sixty) minutes from the designated check-out time (or such shorter period as operational urgency requires in connection with an incoming booking), to:

    • Make two (2) reasonable contact attempts by telephone to the Guest before exercising the right of entry;
    • Enter the apartment using Fluent's master key, access code, or management access rights;
    • Pack and remove the Guest's personal belongings, luggage, and other items from the apartment and place them in a designated holding area at the property. Fluent will not accept any liability for any loss or damage occurring during this process.
    • Prepare the apartment for the next Guest or for Fluent's operational purposes.

    26.3 The Guest acknowledges and agrees that:

    • Fluent will exercise reasonable care in packing and removing the Guest's belongings and will endeavour to keep them secure;
    • Items not collected within 7 (seven) calendar days of removal may be donated to charity, disposed of, or otherwise dealt with at Fluent's reasonable discretion, without further obligation to the Guest, subject to the Guest being notified at their last known contact address;
    • Fluent shall be entitled to levy an overstay charge for each hour or part thereof beyond the designated check-out time at a rate communicated to the Guest. Such charges may be applied to the payment method on file.
    • Any damage caused in connection with the Guest's overstay or the removal process may be charged to the Guest.

    26.4 Nothing in this clause shall be construed as creating a tenancy, lease, or right of occupation in favour of the Guest beyond the confirmed Booking period. The Guest occupies the apartment as a short-term accommodation Guest only, and the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) do not apply to this arrangement. Notwithstanding this clause, Fluent will at all times act consistently with applicable South African law in exercising its rights hereunder.


    27. FLUENT'S RIGHT TO REQUIRE IMMEDIATE VACATION

    NOTICE: FLUENT RESERVES THE RIGHT TO REQUIRE A GUEST TO VACATE THE APARTMENT DURING THEIR STAY WHERE THE GUEST HAS MATERIALLY BREACHED THESE TERMS OR IS CAUSING DISRUPTION, DAMAGE, OR ENGAGING IN UNLAWFUL CONDUCT. THE GUEST WILL BE GIVEN ONE (1) HOUR TO VACATE.

    27.1 Grounds for Requiring Immediate Vacation

    Fluent may require a Guest to vacate the apartment before the Check-Out Date, where Fluent has a reasonable and substantiated basis, including but not limited to:

    • Material breach of any provision of these Terms, including persistent failure to comply with house rules or occupancy conditions;
    • Violation of the Body Corporate's conduct rules or building regulations;
    • Conduct that is, in Fluent's reasonable assessment, disruptive, threatening, intimidating, or abusive toward other guests, residents, Fluent staff, security personnel, or any other person;
    • Evidence or reasonable suspicion of illegal or unlawful activity within the apartment or on the building premises;
    • Actual or threatened damage to the apartment, building, or shared property;
    • Failure to make any payment due to Fluent when validly demanded;
    • Overcrowding or admission of unauthorised additional occupants beyond the confirmed booking capacity;
    • Verified complaints from other building occupants, residents, or the Body Corporate regarding the Guest's conduct.

    27.2 Procedure

    Upon Fluent issuing a demand to vacate:

    • The Guest shall be afforded one (1) hour from the time the demand is communicated to gather their possessions and vacate the apartment, returning all keys, access cards, and access devices to Fluent's authorised representative;
    • Fluent's staff or authorised security personnel may be present in the corridor or common area to ensure an orderly departure and to protect Fluent's property. This is a reasonable and proportionate measure that does not infringe the Guest's rights.
    • The Guest shall conduct themselves in a cooperative and orderly manner. Any aggressive, threatening, or physically obstructive behaviour shall entitle Fluent to immediately contact the South African Police Service (SAPS).
    • Fluent will document the condition of the apartment at the time of departure through photographs, video recordings, and a written inspection record.

    27.3 Failure to Vacate Within the Required Period

    Where the Guest fails or refuses to vacate the apartment within the required period:

    • Fluent shall be entitled to take all steps that are reasonably necessary and lawful to effect the Guest's departure, including engaging the SAPS or private security.
    • Fluent shall be entitled to pack and remove the Guest's possessions from the apartment in accordance with Clause 26, and the relevant provisions of Clause 26 shall apply;
    • The Guest shall be liable for all reasonable costs incurred by Fluent in enforcing the departure, including security personnel costs, reasonable legal fees, locksmith costs, and cleaning costs;
    • Fluent may, without further notice, approach a court of competent jurisdiction for any interdict or order necessary to compel the Guest's departure and protect Fluent's property.

    27.4 No Obligation to Source Alternative Accommodation

    Fluent has no obligation to source, arrange, fund, or recommend alternative accommodation for any Guest required to vacate under this clause. Where a Guest's early departure results from their own conduct or breach of these Terms, the sole responsibility for securing alternative accommodation rests entirely with the Guest.


    28. NO REFUND ON EARLY DEPARTURE, EVICTION, OR TERMINATION OF STAY

    IMPORTANT: IN ALL CIRCUMSTANCES WHERE A GUEST DEPARTS BEFORE THE CONFIRMED CHECK-OUT DATE, WHETHER VOLUNTARILY OR AS A RESULT OF EVICTION, FLUENT RETAINS ALL AMOUNTS PAID. THIS IS EXPRESSLY DISCLOSED IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008.

    28.1 General Principle

    The Guest acknowledges and agrees that where a stay is terminated before the Check-Out Date — for any reason whatsoever, regardless of which party initiates the departure — no refund, pro-rated credit, partial repayment, or compensation shall be payable by Fluent in respect of any unused portion of the Booking, subject to any non-waivable rights under the CPA. This position is commercially fundamental to Fluent's pricing model and was clearly disclosed before and at the time of Booking.

    28.2 Eviction Following Breach

    Where the Guest is required to vacate pursuant to Clause 27 as a consequence of their conduct or breach:

    • 100% of all amounts paid — including accommodation charges, deposits, and service fees — shall be forfeited;
    • Fluent reserves the right to withhold the security deposit in its entirety and to levy additional charges where damage, deep-cleaning, security costs, or legal costs arise from the Guest's conduct;
    • Fluent's right to recover further damages is not limited by amounts already retained.

    28.3 Voluntary Early Departure

    Where the Guest elects to depart before the Check-Out Date for any personal reason:

    • No refund shall be payable in respect of any unused nights;
    • Fluent reserves the right to retain the security deposit in full or in part to cover costs associated with early turnover, re-cleaning, and any period during which the apartment cannot be re-let;
    • Any goodwill gesture by Fluent is made without obligation and shall not create any precedent.

    28.4 Early Departure Due to Service Disputes

    Where the Guest elects to depart early as a result of dissatisfaction with any aspect of service delivery, maintenance issues, appliance malfunction, cosmetic or aesthetic concerns, noise, internet connectivity, or any other condition that does not render the accommodation objectively uninhabitable:

    • No refund of any accommodation payment or deposit shall be due;
    • Where the Guest departs without affording Fluent a reasonable opportunity to address and remediate the issue, the Guest shall be deemed to have waived any right to compensation and to have accepted the accommodation;
    • Where the condition complained of renders the accommodation objectively uninhabitable and Fluent fails to remedy it within a reasonable period, the Guest's rights under the CPA shall not be excluded by this clause.

    For the purposes of this clause, "objectively uninhabitable" means a condition that materially prevents the ordinary use of the apartment for its intended residential purpose, including but not limited to: the absence of a functioning water supply for more than 12 (twelve) consecutive hours; the absence of electricity for more than 24 (twenty-four) consecutive hours in circumstances where no backup power is available; a structural failure presenting an immediate and demonstrable physical safety risk; or a pest infestation of a nature and severity that renders continued occupation objectively unreasonable. Subjective dissatisfaction, aesthetic concerns, or minor inconveniences do not meet this threshold.

    28.5 Early Departure Due to Force Majeure

    Where the Guest elects to depart early as a result of a Force Majeure Event as defined in Clause 12:

    • No refund shall be due. The Guest is advised to make a claim under their travel insurance policy.
    • Fluent may, at its sole discretion, offer the Guest a credit toward a future stay as a goodwill gesture. Any such offer does not constitute an admission of liability.

    28.6 Early Departure Due to Personal or Medical Emergency

    Where the Guest departs early due to illness, injury, bereavement, family emergency, employment obligations, or travel disruption:

    • No refund shall be payable by Fluent, as Fluent's non-refundable position forms the commercial and pricing foundation of the Booking;
    • The Guest is responsible for ensuring that adequate travel insurance, including medical and personal emergency cover, is in place at the time of travel;
    • Fluent's expression of sympathy in response to a personal circumstance does not constitute an acknowledgement of liability or an offer of compensation.

    28.7 Security Deposit — Retention and Application

    The security deposit shall be dealt with as follows upon early departure or eviction:

    • Where early departure arises from the Guest's breach or misconduct, the deposit shall be forfeited in full as a contribution toward administrative costs, loss of revenue, and cleaning or damage costs;
    • Where early departure arises from circumstances not attributable to the Guest's breach, Fluent reserves the right to retain the deposit in full or in part to offset actual costs of early turnover and administrative costs. A written breakdown of any deductions shall be provided.
    • Where the deposit is insufficient to cover all costs, Fluent may recover the balance from the Guest's payment method on file or by civil proceedings.

    28.8 Guest Acknowledgement

    The Guest expressly acknowledges that:

    • The non-refund provisions of this clause were clearly disclosed before and at the time of Booking, in a manner consistent with sections 22 and 49 of the CPA;
    • The Guest had a genuine opportunity to obtain independent legal advice and travel insurance before confirming the Booking;
    • The rates offered by Fluent are provided on the commercial basis that Fluent's financial commitment is fixed at the time of Booking confirmation.

    29. CONTACT DETAILS AND INFORMATION OFFICER

    BLOKSTAY (Pty) Ltd, trading as Fluent Registration No: 2023/882769/07 | Tax Reference: 4780314862 Operations & Complaints: amendments@fluentliving.com Cancellations & Amendments: amendments@fluentliving.com Website: www.fluentliving.com POPIA Information Officer: amendments@fluentliving.com National Consumer Commission (NCC): 0860 266 786 | www.thencc.org.za


    30. FLUENT'S ROLE AS MANAGING AGENT — PARTNER INDEMNITY

    NOTICE: FLUENT OPERATES AS A PROFESSIONAL MANAGING AGENT ON BEHALF OF PROPERTY OWNERS. THE GUEST ACKNOWLEDGES THAT FLUENT'S LIABILITY IS LIMITED TO ITS ROLE AS MANAGING AGENT AND DOES NOT EXTEND TO THE INDEPENDENT DECISIONS AND ACTIONS OF PROPERTY OWNERS.

    30.1 Managing Agent Capacity

    The Guest acknowledges and accepts that Fluent operates as a professional managing agent on behalf of property owners ("Partners") under individual Management Agreements. Fluent is not the registered Partner of the apartments in which accommodation is provided and acts in its management capacity as agent for those Partners. Nothing in these Terms creates any joint venture, partnership, or joint liability between Fluent and any Partner.

    30.2 Limitation of Liability for Partner Actions

    Fluent shall not be held liable for any act, omission, decision, instruction, or default of a Partner that affects the condition, availability, or standard of the apartment, including but not limited to:

    • A Partner's decision to withdraw a property from Fluent's portfolio without reasonable notice;
    • A Partner's failure to maintain the apartment to an adequate standard despite Fluent's reasonable management efforts;
    • Structural decisions, alterations, or renovations instructed by the Partner without Fluent's prior knowledge;
    • Any encumbrance, mortgage, legal proceeding, or third-party claim affecting the Partner's title to or right to let the property;
    • Any failure by the Partner to comply with applicable building regulations, Body Corporate rules, or local authority requirements;
    • Any unilateral decision by the Partner to restrict, withdraw, or interfere with the use of the property in a manner inconsistent with the Management Agreement.

    30.3 Guest's Remedy Against Partner

    Where a Guest suffers loss, inconvenience, or damage as a direct result of a Partner's actions or omissions, and where Fluent has acted in good faith and with reasonable professional care in the exercise of its management duties, the Guest's primary remedy lies against the Partner. Fluent will, upon written request, provide the Guest with such reasonable assistance as it is lawfully able to provide in pursuing a claim against the relevant Partner, subject to Fluent's obligations under POPIA.

    30.4 Fluent's Reasonable Efforts

    Nothing in this clause limits Fluent's obligation to exercise reasonable professional care and skill in the performance of its management duties. Where Fluent becomes aware of a Partner's action or omission that materially affects or is likely to affect the Guest's accommodation, Fluent will use reasonable efforts to notify the Guest and, where possible, to mitigate the impact on the Guest's stay.


    31. MANAGEMENT CONTRACT TERMINATION — GUEST RIGHTS AND ALTERNATIVE ACCOMMODATION

    NOTICE: IN THE EVENT THAT THE MANAGEMENT AGREEMENT BETWEEN FLUENT AND A PARTNER IS TERMINATED, FLUENT WILL MAKE EVERY REASONABLE EFFORT TO MINIMISE DISRUPTION TO THE GUEST. THE GUEST'S RIGHTS IN SUCH CIRCUMSTANCES ARE SET OUT IN THIS CLAUSE. WHERE FLUENT IS UNABLE TO PROVIDE SUITABLE ALTERNATIVE ACCOMMODATION AND THE GUEST DECLINES WHAT IS OFFERED, FLUENT MAY CANCEL THE BOOKING AND REFUND ALL AMOUNTS PAID WITHOUT PENALTY.

    31.1 Triggering Event

    This clause applies where, after a Booking has been confirmed, the Management Agreement between Fluent and the Partner in respect of the relevant apartment is terminated, suspended, or otherwise brought to an end for any reason, rendering Fluent unable to honour the original Booking.

    31.2 Obligation to Notify

    Upon becoming aware that a management termination will affect a confirmed Booking, Fluent will use reasonable efforts to notify the affected Guest as soon as practicable and in any event no later than 48 (forty-eight) hours prior to the Check-In Date, where prior notice of the termination has been provided to Fluent. Where termination occurs without prior notice to Fluent, notification will be given as soon as reasonably possible thereafter.

    31.3 Obligation to Source Alternative Accommodation

    Fluent will use all commercially reasonable efforts to identify and offer the Guest an alternative apartment for the duration of their confirmed Booking period. In doing so, Fluent will endeavour to source accommodation that is:

    • Of a comparable standard and category to the originally booked apartment;
    • Of a reasonably similar floor area; and
    • Within a reasonable geographic proximity to the original property.

    Fluent does not guarantee that alternative accommodation will be available within the same building or at the same address as the original Booking, and the availability of suitable alternatives is subject to Fluent's portfolio availability at the relevant time.

    31.4 Limitation of Fluent's Liability — Alternative Accommodation

    The Guest acknowledges that:

    • Fluent's ability to source alternative accommodation is subject to availability at the relevant time and is outside Fluent's full control;
    • Where alternative accommodation is sourced by Fluent and offered to the Guest, Fluent shall not be held liable where the Guest finds the alternative to be unsatisfactory, unsuitable, or not to their preference, provided the alternative meets the criteria in Clause 31.3 to the extent reasonably achievable in the circumstances;
    • Where the only available alternative does not meet one or more of the criteria in Clause 31.3 — for example, where no apartment of a comparable size or standard is available within a reasonable proximity — Fluent shall disclose this clearly to the Guest, who may then accept or decline the offer. Fluent is not liable for any dissatisfaction with an alternative that was accepted by the Guest.

    31.5 Guest's Election and Refund Rights

    Where Fluent is unable to provide alternative accommodation that meets the criteria in Clause 31.3, or where the Guest reasonably declines an alternative offered by Fluent in good faith:

    • Fluent may, at its election, cancel the affected Booking and refund to the Guest all amounts paid directly to Fluent in respect of that Booking, without any cancellation penalty being levied against the Guest;
    • Such refund shall constitute full and final settlement of Fluent's liability arising from the management termination event in respect of the affected Booking;
    • The Guest shall not be entitled to any further compensation, damages, or costs from Fluent in connection with the termination, including travel costs, alternative accommodation costs, or consequential losses, save where Fluent's own gross negligence or wilful misconduct directly caused the management termination.

    31.6 No Liability for Partner's Decision

    For the avoidance of doubt, the termination of a Management Agreement by a Partner is an event outside Fluent's control and shall not, of itself, constitute a breach of these Terms by Fluent. Fluent's liability in respect of such a termination is strictly limited to the obligations set out in this clause. It shall in no event exceed the total amounts paid by the Guest in respect of the affected Booking.


    GUEST ACKNOWLEDGEMENT: BY COMPLETING A BOOKING WITH FLUENT, THE GUEST CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, INCLUDING ALL CLAUSES HIGHLIGHTED AS CONSUMER NOTICES IN TERMS OF SECTION 49 OF THE CPA, AND AGREE TO BE BOUND BY THEM. THE GUEST FURTHER CONFIRMS THAT THEY HAVE HAD A GENUINE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE AND TO OBTAIN TRAVEL INSURANCE BEFORE ENTERING INTO THIS AGREEMENT.


    © BLOKSTAY (Pty) Ltd, trading as Fluent | All rights reserved | Version 4.5 | Effective: 1 June 2025 amendments@fluentliving.com | amendments@fluentliving.com | www.fluentliving.com