Terms of Use for Guests

Terms of Use for Guests using the SA-Venues.com website to make Accommodation Bookings

Terms of Use

Please note, use of this website (sending booking requests and confirming bookings) amounts to a tacit acceptance of the below terms.

1. INTRODUCTION

1.1 Company information:
This agreement sets out the booking terms and conditions pertaining to the website available at https://www.sa-venues.com (“the SA-Venues.com website” or “this website”) owned and operated by Net-Focus Interactive CC based in South Africa trading as SA-Venues.com (registration number: CK2002/107221/23 ) (hereinafter referred to as “SA-Venues.com”) with members: S.K. Searle and C. Searle.

1.2 Acceptance of this agreement
This agreement is valid, binding and enforceable against all persons who access this website or any part thereof. Please read this agreement carefully as by using this website you will be taken to have agreed to be bound by it. If you do not agree to be bound by the provisions of this agreement, you must leave the SA-Venues.com website immediately as further use will automatically bind you to this agreement notwithstanding any disagreements by you to the terms of this policy.

Kindly pay special attention to important clauses (highlighted in bold and/or Italics) that limit our responsibility or involve some risk for you.

No sales representative, affiliate, dealer, agent, officer or employee of SA- Venues.com has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.

2. DEFINITIONS

2.1 "Business Day" means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;

2.2 "Business Hours" means the hours between 08h00 and 17h00 on a Business Day;

2.3 "CPA" means the Consumer Protection Act 68 of 2008, and as amended from time to time;

2.4 "ECT Act" means the Electronic Communications and Transactions Act, 2002, and as amended from time to time;

2.5 "Intellectual Property Rights" means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;

2.6 "Marks" means any trademarks, logos, brand names, domain names or other marks of SA-Venues.com;

2.7 "SA-Venues.com", "ourselves", "our", "us" and "we" refer to a business in the South African tourism industry that markets accommodation online whose physical address is 13 Linda Road, Claremont, 7708, South Africa, and who is incorporated as Net- Focus Interactive CC t/a SA-Venues.com (CK2002/107221/23);

2.8 "Website" or "site" refers to the SA-Venues.com website, other websites powered by the SA-Venues.com system (whether owned by SA-Venues.com or another entity) on which details of your property are listed and/or hosted;

2.9 Words importing the singular shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine and neuter genders, and vice versa, and words importing persons shall include partnerships, trusts and body corporates, and vice versa;

2.10 The headings to the paragraphs to this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate;

2.11 Each of the provisions contained in this Agreement shall be construed as independent of every other such provision to the effect that if any provisions to this Agreement shall be determined to be illegal, invalid and/or unenforceable then such determination shall not affect any other provisions to this Agreement all of which shall remain in full force and effect.

3. CONCLUSION OF AGREEMENT AND ECT ACT

3.1 You hereby warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement is signed by a person acting in a representative capacity on your behalf, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to SA-Venues.com at any time will be true, accurate and complete. SA-Venues.com reserves the right to treat all misrepresentations by you as a fraud and you hereby indemnify SA-Venues.com against any loss or damage that SA-Venues.com may sustain resulting from such misrepresentation.

3.2 The provisions of the ECT Act apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper based transactions, e.g. where you apply for a service or product by completing an agreement in writing.

3.3 You acknowledge that SA-Venues.com will provide you with an opportunity in respect of all electronic transactions to:

  • review the entire electronic transaction;
  • correct any mistakes; and
  • withdraw from the transaction, before finally placing the order.

3.4 SA-Venues.com is in terms of Section 43 of the ECT Act required to make its contact details, its domicilium citandi et executandi and certain other information available to you when you enter into electronic transactions with SA-Venues.com. This information is available on our Website.

4. CONTRACTUAL RELATIONSHIP

4.1 Please note that by accepting the terms and conditions herein, no agreement as to the provision of accommodation is entered into by and between you and SA-Venues.com. The agreement for providing accommodation lies between you and the establishment itself. Our responsibility to you in terms of this agreement ends once you have booked or chosen not to book your accommodation.

5. BOOKINGS AND DELIVERY POLICY

5.1 Bookings can unfortunately not be confirmed prior to the payment of the deposit (as set out in the quotation) to secure the booking. Therefore, the availability of any accommodation cannot be guaranteed until such time as the required funds are received and a confirmation message has been sent to you. Please note that SA-Venues.com cannot control or facilitate the process whereby funds are reflected in our bank account(s). We are not responsible for the lapsing of any quotation or for any booking(s) being lost due to a delay in the processing of any payment.

5.2 Subject to receipt of payment, requests for accommodation will be processed within one hour of receipt thereof and confirmed by way of an email to you containing a booking reference number.

6. AVAILABLE PAYMENT OPTIONS

6.1 Payment may be made via Visa or MasterCard credit cards.

6.2 Save as otherwise provided for in this agreement, the rules, processes and procedures of MyGate Communications (Pty) Ltd and the relevant paying bank, clearing bank and card association shall apply to all payments and transactions concluded on this website and your rights and obligations in respect of payments due to or by you shall be governed accordingly. We take all possible measures to ensure that payment with a credit card on the SA-Venues.com website is secure. The primary measures taken to ensure this security are as follows:

  1. Credit card transactions will be acquired for SA-Venues.com via MyGate Communications (Pty) Ltd who are the approved payment gateway for First National Bank.
  2. We do not store any credit card details on our system. We simply forward the credit card details to MyGate Communications (Pty) Ltd who authorise the transaction, without storing them in our system. For more detail on MyGate Communications (Pty) Ltd refer www.mygate.co.za.
  3. SA-Venues.com and MyGate Communications (Pty) Ltd use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). No credit card details will ever be sent via unsecure methods such as email. Please refer to www.mygate.co.za to view their security certificate and security policy.
  4. In the event that you suffer loss, damage or liability notwithstanding SA-Venues.com adhering to the above primary measures, you hereby indemnify and hold SA-Venues.com harmless for any loss, damage or liability of whatsoever nature arising from payments and transactions concluded on this website.

6.3 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

7. CANCELLATION AND REFUNDS POLICY

7.1 Each accommodation establishment on the SA-Venues.com website has its own cancellation policy. This policy shall be viewable by you during the reservation process, and is legally binding. If you are not satisfied that the policy is reasonable please do not make a booking.

7.2 On receipt of a written instruction from you to cancel a reservation, any amount owed to you by the accommodation establishment in question, in terms of its cancellation policy, will be paid to SA-Venues.com, whereafter we shall on-pay the received refund to you within 3-5 working days after our receipt thereof. Late cancellations will be subject to the terms and conditions of the relevant accommodation establishment’s cancellation policy and SA-Venues.com shall not be obliged to make any payments to you in the event that you are not entitled to a refund in terms of the terms and conditions of the relevant accommodation establishment’s cancellation policy.

7.3 Refunded payments are subject to an 8% handling fee on the deposit amount, which may be retained by SA-Venues.com, subject to a minimum charge of R25.00.

Please note that chargebacks on card payments are not an alternative to cancellations of bookings. Chargebacks are a mechanism to prevent fraud and should not be abused. Any abuse will be reported to the card issuing bank.

All cancellations will be dealt with strictly in terms of the default cancellations policy of the establishment. You will remain liable for cancellation fees as set out above irrespective of any chargeback being effected by you.

Note further that all chargeback notices will be investigated with your issuing bank and should it be determined that the chargeback was not validly requested you will be liable for the damages suffered by SA-Venues.com as a result of the chargeback including the fees charged by the issuing bank.

8. DOUBLE BOOKINGS, INCORRECT QUOTATIONS AND NON-AVAILABILITY OF ACCOMMODATION

8.1 In the event that an accommodation establishment accepts more than one booking reservation for the same space of accommodation over the same period of time, and at least one of these reservations is booked through SA-Venues.com, the accommodation establishment will be in breach of contract with SA-Venues.com. In such an event, the accommodation establishment is required in terms of the contract between SA-Venues.com and the accommodation establishment to offer suitable alternative accommodation to you. If the accommodation establishment fails to do so, then SA-Venues.com will do so on its behalf, or refund you in full.

8.2. However, any agreement for accommodation and the associated rights and obligations are between you and the accommodation establishment. Therefore, SA-Venues.com cannot be held and is not liable for any damages or loss you may suffer as a result hereof.

8.3 Please note: SA-Venues.com does not provide the quotation information. This is provided by the establishment and forms the basis of the agreement between yourself and the establishment. If you are quoted incorrectly by an establishment the establishment should be responsible for any shortfall between any quotation and the actual price of any accommodation. SA-Venues.com will never be responsible for any incorrect quotations.

9. USER NAME AND PASSWORD

9.1 You will need a user name and password in order to enable you to gain access to and/or use a service. You will not be able to access and/or use a service without a user name and password.

9.2 You agree that:

  1. You will use your user name and password for your own personal use only;
  2. You will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
  3. In the event that your password is compromised, you will immediately notify SA-Venues.com and change your password;
  4. You, as the holder of the user name and password acknowledge that you are solely responsible for all payments in respect of a service charged to you, irrespective of whether the service has been utilised or is being utilised by you or not and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of a SA-Venues.com service;
  5. You agree to cause all persons who use any services under your account or with your authorisation to comply with these Terms and acknowledge that the acts or omissions of all persons who use services under your account or with your authorisation will be treated for all purposes as your acts or omissions;
  6. You will not attempt to circumvent SA-Venues.com’s user authentication processes or engage in attempts to access SA-Venues.com’s network where not expressly authorised to do so.
  7. SA-Venues.com may offer a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us thereof and to update your details. We will not be responsible for any loss arising due to a third party gaining access to your password through your use of this password reminder service and accordingly you indemnify us from any loss you may suffer as a result thereof.

10. COMPLAINTS AND REVIEWS

10.1 Any issues that you experience during your stay must be reported directly to the establishment and handled by them.

10.2 Any complaints about an establishment or SA-Venues.com must be brought under our attention by contacting our office.

10.3 We cannot be held responsible for any loss you or any third party may suffer or have suffered as a result of any accommodation establishment failing to meet the advertised standards.

10.4. SA-Venues.com does not perform site inspections of the establishments listed on our site. All information about an establishment is provided by the establishment themselves and not by SA-Venues.com. While the descriptive and qualitative information about each establishment on SA-Venues.com is of "best effort" accuracy, we make no warranties as to the accuracy or veracity thereof. Every establishment legally commits to supplying correct information.

10.5 When you make a booking with us, you will be given an opportunity to submit feedback about your stay. SA-Venues.com reserves the right not to publish any comments which may be defamatory, or which are not verifiable or for any reason as determined in our sole discretion. All reviews will be dealt with in terms of our Reviews Policy and Posting Guidelines available on our website.

11. MARKETING AND OPERATIONAL MESSAGES

11.1 SA-Venues.com is committed to protecting your privacy and your personal information. Please make sure you read our privacy and data collection policies.

11.2 We will use your information to send you important operational and service messages, for example providing you with information requested by you in an enquiry or notifying you when your quotation is about to expire. These details will not be used for marketing or promotional purposes, unless expressly agreed to by you.

11.3 Please do not mark these operational and service messages as spam as you will not be able to receive messages relating to your enquiries or bookings.

12. SERVICE DELIVERY AND INTERRUPTIONS

12.1 SA-Venues.com will use reasonable endeavours to make its services available to you, and to maintain the availability thereof. However, we provide the services “as is” and “as available” and do not warrant or guarantee that these services will at all times be free of errors or interruptions, be always available, fit for any purpose or use, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.

13. BREACH

13.1 Should you be in breach of any provision of this agreement SA-Venues.com shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith suspend the services or access thereto and bar you from utilising same.

14. WARRANTIES AND INDEMNITY

14.1 You hereby warrant the following:

  1. You have the right to enter into this agreement; and
  2. All information provided by you is accurate and true in all material respects.

14.2 You hereby indemnify SA-Venues.com unconditionally and irrevocably and agree to hold SA-Venues.com harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by SA-Venues.com or instituted against SA-Venues.com as a result of (without limitation):

  1. your use of our services;
  2. your failure to comply with these terms and a provision of any agreement concluded between us;
  3. any unavailability of, or interruption in the service;
  4. any other cause whatsoever relating to the provision of services to you by us.

15. DISCLAIMER AND LIMITATION OF LIABILITY

15.1 To the extent permitted by applicable law, SA-Venues.com shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that SA- Venues.com is liable to you for any damages, SA-Venues' liability to you for any damages howsoever arising shall be limited to R1000.00 (one thousand rand) only.

16. GENERAL TERMS

16.1 Amendments: SA-Venues.com reserves the right, in its sole discretion, to amend this agreement or any part thereof at any time without prior notice or justification. Any such changes will be posted on this page. You are encouraged to review this agreement at the inception of each session, as you will be deemed to have accepted any such changes (which shall come into effect once posted on this website) if you continue to use this website after they have been posted.

16.2 Country of domicile: This website is governed by the laws of South Africa and SA- Venues.com chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, as 13 Linda Road, Claremont, Cape Town, South Africa.

16.3 Intellectual Property: Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.

16.4 Non-Variation: No addition to, variation of, or agreed cancellation of, this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.

16.5 Waiver: No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

16.6 Whole Agreement: This agreement constitutes the sole record of the agreement between the parties with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

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