Terms and Conditions
The
following provides a brief summary of the most important aspects of the
Terms of Service:
1. You agree to provide true, accurate, current and complete information
about your property.
2. Information (content) posted to the web site will be accessible by the
general public and you grant us the right to reproduce, modify, adapt and
publish such Content as we deem fit.
3. You agree to pay us a commission on all reservations made at your
establishment via the use of our service.
4. You agree to honour quotes and bookings which you've made, to comply
to the cancellation policy set by yourselves or alternatively by us and
to refund clients (entitled to it) in good time.
5. It is our policy to respect your privacy and we will not disclose any
personal information about you.
6. You agree to indemnify us from any claims by any client and related
third party due to misconduct or violation of their rights as caused by
your establishment
7. We cannot guarantee that our service will be up and running 100% of the
time and we may make modifications without informing you.
8. We may terminate our service at any time and you may elect to stop using
our service at any time.
Terms of Service
The Service
SA Places acts as booking agent and undertakes to
promote your establishment via this and other web sites with the sole
purpose of obtaining accommodation bookings at your establishment.
Acceptance of terms
By submitting your information for inclusion on our sites you consent
to the use of that information as set out in these Terms and Conditions
(Terms) and our privacy policy.
Due to the global nature of the Internet infrastructure, the information you
provide may be transferred in transit to countries that do not have similar
protections in place regarding your data and its use as set out in these
terms and conditions and our privacy policy. By submitting your information
you consent to these transfers.
Your registration obligations
In consideration of your use of our service, you agree to (a) provide true,
accurate, current and complete information about your property and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or
incomplete, or SA Places has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, SA Places has
the right to suspend or terminate your account and refuse any and all
current or future use of our services.
Information in this context refers to all data, text, photographs, graphics,
video, messages or other materials.
You, and not SA Places, are entirely responsible for all information that
you upload, post, email or otherwise transmit via the Service.
Fees
You agree to pay SA Places a commission of not less than 15% on all reservation made at your establishment via the
use of our Service. Payments will be made within 30 days after you have
received an invoice from SA Places detailing the services rendered on which
commission is payable.
Should you elect SA Places to administer payments for reservations made
at your establishment, SA Places will execute such payments in accordance
to your instructions as provided during the listing process..
Quotes & Bookings
You agree to honour all quotes and bookings provided to SA Places either
in writing (fax or email) or verbally given by any person in employment
of your establishment. You are free not to provide a quote or not to
accept a booking, but once done or accepted, are bound to honour all
quotes and bookings.
Double Bookings
In the case you or your personnel accepted more than one booking for the
same accommodation unit for the same date(s) (commonly referred to as a
double booking), you are responsible for resolving the double booking by
providing the client alternative accommodation which is similar or
better than the accommodation booked.
In the case that you fail to resolve the double booking, SA Places will
try to source alternative accommodation. Whilst SA Places will endeavour
to source alternative accommodation at the same rate as the booking
placed with you, we are under no obligation to do so. Should the
alternative accommodation sourced be at a higher rate than the original
booking, you are liable for the difference in cost. You will undertake
to refund SA Places immediately on request.
Cancellation of Bookings
In the event of a cancellation of a booking, your own cancellation policy
will apply. If you neglect to set your cancellation policy during
registration, the following policy will apply:
- cancellations of 30 days and more from the time of arrival: 100%
refund
- cancellations between 29 to 15 days from the time of arrival: 50% of
total cost be refunded
- cancellations 14 days or less, a no-show or early departure: 0% refund
Reversal of Transactions
Payments processed by SA Places on your behalf can in certain
circumstances (typically fraud) be contested by the cardholder and the
transaction reversed. SA Places is, in terms of an agreement with our
Merchant Bank, obliged to refund the Bank for all reversed transactions.
You agree to refund SA Places the amount of the transaction, which has
been reversed, immediately upon our request to do so.
SA Places Privacy Policy
It is SA Places' policy to respect the privacy of its users. SA Places
will not monitor, edit, or disclose any personal information about you
or your use of the Service, including its contents, without your prior
permission unless SA Places has a good faith belief that such action is
necessary to: (1) conform to legal requirements or comply with legal
process; (2) protect and defend the rights or property of SA Places; or
(3) act to protect the interests of its members or others. SA Places
does provide certain user information in aggregate form to third
parties, including its advertisers, for demographics.
Indemnity
You agree to indemnify and hold SA Places its subsidiaries, affiliates,
officers and employees, harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted by any client and/or related
third party due to or arising out of misconduct, non-performance, negligence, errors or omissions or any other violation of the client and/or third party's rights caused
by the establishment and its employees..
Apart from the provisions of
sections 43(5) and 43(6) of the Electronic Communications and
Transactions Act, neither SA Places nor any of its agents or
representatives shall be liable for any damage, loss or liability of
whatsoever nature arising from the use or inability to use this web site
or the services or content provided from and through this web site.
System Reliability
Uninterrupted and/or secure access to this site is not guaranteed at any
time. SA Places can not be held liable for any loss resulting from you
relying on the site security, supply of information or access to the site.
Modifications to service
SA Places reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that SA Places shall not be liable to you
or to any third party for any modification, suspension or discontinuance of
the Service.
Termination
You agree that SA Places, in its sole discretion, may terminate your use of
the Service, and remove and discard any Content within the Service, for any
reason, including, without limitation, if SA Places
believes that you have violated or acted inconsistently with the letter or
spirit of the Terms. SA Places may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without
notice.
You agree that any termination of your access to the Service under any
provision of this Terms may be effected without prior notice, and
acknowledge and agree that SA Places may immediately deactivate or delete
your account and all related information and files in your account and/or
bar any further access to such files or the Service. Further, you agree that
SA Places shall not be liable to you or any third-party for any termination
of your access to the Service.
Notice
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the Terms or other matters by displaying
notices or links to notices to you generally on the Service.
General
This agreement is governed by the laws of the Republic of South Africa. Use
of the Service is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and SA Places as a
result of this agreement or use of the Service.
SA Places performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of SA Places' right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Service or information provided to or gathered
by SA Places with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and SA Places with respect to the Service
and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and SA Places with respect to the Service. A printed version of
this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form.
You and SA Places agree that any cause of action arising out
of or related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently
barred. The section titles in the Terms of Service are solely used for the
convenience of the parties and have no legal or contractual significance.