Property & Conveyancing

Festive rentals and holiday lets: what to check before paying

A careful booking record can prevent holiday rental disputes and make problems easier to resolve.

Festive rentals and holiday lets: what to check before paying

The photographs show a bright apartment near the beach. The dates are available, the price seems reasonable and the person answering messages says another family is ready to pay. A deposit feels like the only thing standing between you and a holiday.

It is worth slowing down. Holiday rental disputes can involve a fraudulent listing, a genuine booking with harsh cancellation terms or accommodation that differs from what was promised. Each problem calls for a different response. A few checks before payment can save far more than a difficult conversation when you arrive.

Establish who is actually supplying the accommodation

Identify the owner, agent or business accepting the booking. A familiar platform’s name in a message does not prove the payment is being made through that platform. If somebody asks you to move off the platform, understand which protections and support arrangements you may lose.

Ask for the full property address and a booking confirmation identifying the supplier. Verify contact details independently where possible. A genuine agent should be able to explain their authority and the basis on which they receive payment.

Be cautious about an unexplained bank account change shortly before payment. Confirm it through a previously verified contact method, not simply by replying to the same message. Keep the account details and confirmation with the booking record.

Know which legal framework applies

The Consumer Protection Act can apply where accommodation is supplied in the ordinary course of business. It should not be assumed that every occasional private arrangement has exactly the same statutory treatment. The parties, nature of the transaction and applicable exclusions matter.

Section 17 deals with advance reservations and bookings. Where it applies, a consumer may cancel, but a reasonable cancellation charge may be permitted. The enquiry includes the notice given and the reasonable prospect of finding another customer.

A phrase such as “non-refundable deposit” does not settle every statutory question. Equally, cancellation does not always mean the consumer must receive every cent back. Ask for the legal and factual basis of the charge rather than treating either position as automatic.

Online booking does not guarantee a free cancellation week

The Electronic Communications and Transactions Act has a cooling off framework, but it excludes accommodation and certain other services supplied on a specific date or during a specific period from that particular right.

That means a person should not assume that a holiday apartment booked online can always be cancelled without charge within seven days. Other rights or a supplier’s voluntary flexible cancellation policy may still be relevant.

The Gauteng Tourism Authority’s cancellation explanation illustrates the distinction between date specific bookings and the general electronic cooling off provision. Check the actual contract and statutory route instead of copying a rule intended for an ordinary online goods purchase.

Read the terms that affect the real cost

Confirm the total price, cleaning charges, service fees, damage deposit and any additional amount for visitors or late arrival. Ask when each payment is due and when any refundable deposit will be returned.

A family booking for six people should establish whether the stated occupancy includes children and whether visitors are allowed. If pets are essential, obtain written permission. A general advertisement saying that a property is family friendly does not answer those questions.

Also ask about parking, stairs, accessibility, backup power and water arrangements where they matter. Be specific about a requirement such as a step free entrance. An attractive photograph cannot establish whether a wheelchair can reach the bathroom.

Keep the description as it stood when you booked

Save the listing, photographs, promised facilities and cancellation conditions. A live listing may be edited before a dispute arises. Your record should show what you relied upon, not merely what the supplier says now.

If a host makes a promise in a call, confirm it by message. For example: “Please confirm that the apartment has exclusive use of the pool for our booking dates.” That gives the supplier an opportunity to correct a misunderstanding before payment.

Where a substitution is proposed, assess it against the features that mattered to your booking. A larger apartment further from the beach is not necessarily equivalent if walking access was the reason you chose the original property.

Inspect and report problems on arrival

Take a reasonable record of the property’s condition when you arrive, particularly where there is a damage deposit. Report existing damage, missing items and serious cleanliness problems promptly through the designated channel.

Give the supplier enough information to respond. A photograph of a broken lock and a clear request for urgent repair is more useful than a general statement that the property is unacceptable. If an immediate safety issue makes staying unreasonable, document the circumstances and seek appropriate help.

Do not assume you can incur unlimited alternative accommodation costs and recover them automatically. Where possible, tell the supplier what is wrong and give an appropriate opportunity to resolve it. Keep receipts and explain why any additional expense was necessary.

If you need to cancel, do it clearly

Send cancellation through the agreed channel and keep proof of the time and date. Ask for an itemised explanation of the amount retained. The timing of cancellation and whether the accommodation can be rebooked may matter when assessing reasonableness.

Where cancellation relates to death or hospitalisation of the person for whose benefit the booking was made, section 17 contains specific protection against a cancellation fee. Obtain advice about the circumstances and supporting documents rather than assuming every illness falls within that provision.

If a platform is involved, check its dispute deadlines while also dealing with the supplier. A complaint to the host does not necessarily preserve a separate platform remedy. Report suspected fraud promptly to the bank and relevant authorities.

A better holiday starts with a clear booking

Keep one folder containing the listing, terms, payment proof and correspondence. Share the arrival details with the person travelling, especially if somebody else made the booking. Know who to contact if access is unavailable.

The point is not to make a holiday reservation feel like a property transaction. It is to establish what you are buying, who must supply it and what happens if plans change. Those answers are much easier to obtain while the booking is still a choice.

Related reading: Property & Conveyancing; Eviction Is a Court Process, Not a Landlord’s Decision; Sectional Title Levies: What a Body Corporate Can and Can’t Charge; Black Friday and festive shopping: your CPA rights before you pay.

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