Terms of service

We know it’s tempting to skip these , but it’s important to establish what you can expect from us as you use our services, and what we expect from you

BERTH PLATFORM TERMS OF SERVICE

Updated  04 July 2025

These Terms of Service ("Terms") govern your access to and use of the Berth platform, operated by Berth Marine (Pty) Ltd (Registration Number: 2025/325496/07), a company incorporated under the laws of South Africa ("Berth", "we", "us", or "our").

By using our website or platform, you agree to comply with and be legally bound by these Terms. If you do not agree to these Terms, you may not access or use our services.


1. Who We Are

Berth is a marina management platform that enables boaters to book berth space at marinas and pay digitally. We provide the booking platform and associated services but are not the provider of the marina services themselves.


2. Services Provided

Berth connects boaters with independent marina operators ("Service Providers") who manage available berth spaces. Our platform facilitates bookings, collects payments, and helps manage communication, but the contractual relationship for the berth service is directly between you and the Service Provider.


3. Account Creation and Eligibility

You are not required to manually register to use Berth. Your profile is automatically created when you complete a booking inquiry.

By using our platform, you represent that you are at least 18 years old or that you have the consent of a parent or legal guardian to enter into this agreement. If you are under 18 and do not have such consent, you may not use this platform to submit a booking inquiry.

By clicking 'I accept' or submitting your booking, you agree to be bound by these Terms, and acknowledge that this constitutes a legally binding electronic contract.

You must provide accurate and truthful contact information and update it if necessary. You are responsible for all activity that occurs under your profile.


4. Bookings and Payments

Pricing Structure and How We Make Our Money

Berth charges a combination of fees and commissions to marinas in return for facilitating bookings and providing other marina-related services through the platform. These charges may vary depending on the level of service and integration provided to the Service Provider.

There are three ways you might pay for your Booking:

  • The Service Provider charges you at the Accommodation.

  • The Service Provider charges you in advance. We (or our affiliate) will take your Payment Method details and forward them to the Service Provider.

  • We organise your payment to the Service Provider in advance. We (or our affiliate) will take your Payment Method details and make sure the Service Provider is paid.

  • Berth deducts a commission from the Service Provider's earnings.


If you cancel a booking or don’t show up, any cancellation/no-show fee and any refund will depend on the Service Provider’s cancellation/no-show policy. Service Providers may require full payment or deposits.


What happens if a booking is mispriced?

Sometimes (very rarely), you might spot an obviously incorrect price on our Platform. If that happens, and if you make your booking before we correct the mistake, your booking may be cancelled, and we’ll refund anything you’ve paid. We will remove any obvious pricing errors we find as soon as we become aware of them.


Overbooking

Once your booking is confirmed, your Service Provider is required to honour it.

If the Service Provider is ‘overbooked’, they’re responsible for finding a solution as soon as possible. We provide them with guidelines as well as practical support.


If they can’t give you the option you booked, and cannot offer you a suitable alternative:

  • You’ll be able to cancel your booking at no cost (with a full refund of anything you’ve paid)



When it comes to refunds:

  • If your Service Provider organised your payment, we’ll try to make sure they refund you as soon as possible.

  • If we organised your payment, we’ll refund you ourselves. We aim to have the money in your account within five working days, counting from the cancellation of your original booking.

5. Cancellations and Refunds

Cancellations must be made directly with the Service Provider via WhatsApp or any designated contact method.


6. Your Responsibilities

You agree to:

  • Provide accurate and truthful information

  • Use the platform in compliance with applicable laws

  • Treat marina staff with respect

  • Not make fraudulent bookings or abuse the system


7. Platform Use and Disclaimers

Berth provides the platform "as is" and does not guarantee the availability or quality of the marina services. We are not responsible for issues arising from overbooking, cancellation by the Service Provider, or any other dispute related to service delivery.


8. Limitation of Liability

Berth is not liable for direct or indirect losses arising from use of the platform or services. Our liability is limited to the amount of fees paid to us in connection with your booking.


9. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes will be subject to the exclusive jurisdiction of South African courts.


REFUND POLICY

If you cancel a booking or don’t show up, any cancellation/no-show fee and any refund will depend on the Service Provider’s cancellation/no-show policy.

Refunds are processed within five (5) working days.

Berth does not initiate refunds for cancellations; you must request a cancellation through the Service Provider, who will communicate the status back to us.


CANCELLATION POLICY

To cancel a booking, you must contact the marina directly through WhatsApp or other contact details provided in your booking confirmation. Berth does not currently provide an in-app cancellation interface.

Service Providers are responsible for processing cancellations and reporting eligibility for refunds based on our policy timelines above.


Contact Information
 Berth Marine (Pty) Ltd
Cape Town, South Africa
Email: info@berthapp.com