The terms "Holiday Apartments", "ourselves", "our", "us" and "we" pertain to the owner of the software whose physical address is found at Block 2, Suite 4 Bergzicht office Park, Cnr Christiaan De Wet and Rooibok Street, Allen's Nek, Johannesburg, and who is consolidated as Holiday Apartments.
The terms "you" and "your" pertain to the person or entity listing accommodation utilising the Holiday Apartments software.
"Party" and "parties" pertain to both the "you" and "ourselves", or either "you" or "ourselves".
The term "customer" pertains to a person who browses through and/or books accommodation with the Holiday Apartments software.
The term "quotation value" pertains to the total sum paid or due by a customer for an accommodation booking, but does not comprise any additional services or items purchased from the establishment during the customer's visit.
The terms "website" or "site" pertain to the Holiday Apartments website, other websites controlled by the Holiday Apartments system (whether possessed by Holiday Apartments or another entity) on which features of your property are listed and/or hosted.
The term "listing" pertains to any information that you have loaded into the Holiday Apartments software for the goal of marketing your website. One such case of your listing is your published personalised webpage on the Holiday Apartments site. "Listing" may pertain to the information applied for your personal page on the Holiday Apartments site whether it has been published publicly or not, and comprising the time it is exhibited on another website or via another channel.
Any utilisation of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are understood as interchangeable and therefore as referring to the same.
The Holiday Apartments software is owned and controlled by Holiday Apartments. All databases, systems and information are the property of Holiday Apartments.
Your utilisation of this software and any disagreement resulting from such utilisation of the software is subject to the laws of South Africa.
The Holiday Apartments software and website contain material which is in the possession of or accredited to Holiday Apartments. This material comprises, but is not restricted to, the appearance, graphics, layout and design, and may be subject to copyright and/or other intellectual or design property rights. You are prohibited from copying or using such information, other than as agreed to between us and/or the right holder, or to the degree that such use is incidental to your use of the website.
You shall not publish content to your listing that in any manner infringes or breaches the copyright of any third party whatsoever, and you hereby indemnify us against any and all claims by third parties with regards to any breach, alleged or otherwise of intellectual property rights arising from your listing or content that was provided.
The Holiday Apartments software is provided on an "as is" basis and has not been assembled or offered to cater to your individual requirements. You are liable to satisfy your requirements before entering into this agreement with Holiday Apartments that the service available from and through this software will meet your individual requirements and be suited to your hardware and/or software.
Neither Holiday Apartments nor any of its agents or employees shall be accountable for any loss, damage or liability of any nature resulting from the utilisation or failure to utilise the Holiday Apartments software, services or content supplied from and via the Holiday Apartments website. Moreover, Holiday Apartments makes no warranties or representations, implied or otherwise, that, among others, the technology and content available from this website are free from omissions or errors or that the service will be error free or uninterrupted. You are advised to report any potential errors and malfunctions to email@example.com.
Unauthorised utilisation of the Holiday Apartments software may result in a claim for damages by Holiday Apartments and/or be deemed a criminal offense.
We withhold the right to remove or reject the listing of your accommodation via Holiday Apartments software. We also withhold the right to edit or delete any or all information provided by you in our database. Moreover, we shall not be accountable for any loss, damage or liability of any nature resulting from us removing or rejecting the publishing of your listing on our website, or from any lack of information provided by you.
Holiday Apartments constantly endeavours to adapt the search process on our site to best cater to the customer's requirements and Holiday Apartments therefore withholds the right to present accommodation options to customers regarding any order. Our criteria for ordering your listing in search results need not be visible, and may be altered at any time without notice.
Your listing may be exhibited along with any other content and/or media, including adverts and banners for any product. You will not be entitled to any proceeds that may result from said advertising.
You agree to Holiday Apartments having the right to publish guest reviews/comments on your accommodation listing and you further agree that Holiday Apartments is not accountable in any way for the accuracy or verification of any such guest comments published.
We shall not be held accountable for any direct or indirect loss or damage of any nature and howsoever resulting from any guest comments published on or with regards to your listing.
Holiday Apartments may publish on your establishment listing or anywhere else on the Holiday Apartments website or on any platform controlled by the Holiday Apartments software, hyperlinks to any other internet addresses. These hyperlinks may lead to destinations that are internal or external to Holiday Apartments website.
CORRECTNESS OF INFORMATION
You herewith commence to guarantee that all information supplied to Holiday Apartments by you is correct and constantly updated, including, but not restricted to, the description of the features and services offered, aswell as your rates. Holiday Apartments shall not be held accountable for any loss, damage or liability of nature resulting from any misrepresentation by you.
Should you fail to maintain and update your information, we withhold the right to alter, suspend or remove your listing to reflect the status of the information contained therein.
If you utilise a live booking (or similar) system such as NightsBridge's real-time booking software, Holiday Apartments may presume that this data is constantly correct and up-to-date. Should an issue develop because of incorrect or out-of-date information you agree to accept accountability.
We withhold the right to modify your listing to be inline with the best practices on the Holiday Apartments software. We are not required to inform you of any such change.
You agree that the fee that you advertise on the Holiday Apartments software is the lowest fee you offer for your establishments on any other marketing material. You accept our lowest Price Guarantee terms and conditions.
LOWEST PRICE GUARANTEE
We guarantee the lowest fee that our clients can find on the internet for your property. You agree that you will not undercut this lower fee on any marketing material, in person or telephonic with a guest. You will be responsible for the difference if our guest finds a cheaper fee for your property.
BANK DETAILS AND PASSWORDS
You are accountable in providing Holiday Apartments with your correct banking details. Should there be any modification in ownership or bank account, you must immediately inform Holiday Apartments. Holiday Apartments will not be accountable for payments made into incorrect accounts if not informed in time of the change.
You are to undertake to secure any and all passwords required for your access to, or use of, the Holiday Apartments software. You will be legally bound by any action performed using the software by any person with access to your Holiday Apartments account.
You recognise that anybody with access to your email account will be able to access your Holiday Apartments account. We will rationally presume that you have granted said person access. You will therefore be legally bound by any action carried out using the software by any person with access to your email account.
You herewith indemnify Holiday Apartments for any loss, damage or liability of any nature resulting from unauthorised access to the site.
Holiday Apartments will inform you via email after your establishment is booked by a customer. You are responsible for ensuring that all emails from "Holiday Apartments" are whitelisted (i.e. will not be delivered into the "junk" folder) by your email software.
Delivery on your part occurs when the guest has physically taken up the accommodation reserved.
Customer payment comprises either the deposit requested or the full amount quoted to the customer.
Holiday Apartments may provide the customer with additional services in connection with your accommodation offer. These services may come at a price to the customer and will be charged by Holiday Apartments directly to the customer. You will have no claim over any such costs paid to Holiday Apartments for additional services.
You agree to pay commission on any bookings made by customers who are introduced to you by Holiday Apartments or via the Holiday Apartments software or the Holiday Apartments website.
Holiday Apartments will determine the commission based on the total quotation value, and will issue you with an invoice for said commission. Holiday Apartments withholds the right to deduct the commission amount, including VAT, from the amount received from the customer. The balance of the customer payment will be paid to you.
We charge a minimum of 15% commission + VAT on the total quotation value of paid-up confirmed bookings.
VAT is payable on the commission amount and a portion may be claimed back by VAT registered vendors.
The non-refundable commission charged covers all payment processing and on-payment charges pertaining to the customer payment.
Daily rate @ R1000 x 3 days (Minimum stay)
Total Inclusive Quote Value
Holiday Apartments Commission
Total due on the total quotation value
* The VAT amount is calculated againt the commission value.
Holiday Apartments pays for all payment processing and on-payment charges regarding the customer payment.
The customer will NOT be accountable for paying any amount in addition to the amount stated in the quotation, except for additional services or items purchased from the property or from Holiday Apartments directly. However, by booking a property on the Holiday Apartments website, the customer has acknowledged that Holiday Apartments is entitled to hold the commission should a booking be cancelled. Furthermore, should you retain a deposit payment, then under no circumstances shall Holiday Apartments be accountable for repayment.
You appoint Holiday Apartments as agent to receive payment on your behalf regarding any bookings using the Holiday Apartments software. In such matters you agree to accept as paid any amount that Holiday Apartments reports to have received.
Holiday Apartments will on-pay all monies due to you within three working days of receipt thereof. You hereby agree to honour bookings processed by Holiday Apartments prior to receipt of these funds.
You agree that on occasion certain on-payments from us to you may be delayed due to unforeseen circumstances, including high usage periods that may render online banking services unusable.
In the event that a customer accepts an offer made by you prior to the expiry date, and you subsequently either cancel the booking or refuse to honour the booking for any reason, irrespective of whether you have received payment from us or not, you will be deemed to be in breach of the offer made, and you herewith agree that:
If you are in breach as defined in clause 9.1, the customer may decide to demand a full refund, irrespective of your "cancellation policy". You will then be accountable to the customer for the full amount paid by the customer for the booking, including VAT and our commission. This amount is immediately due to Holiday Apartments so that the refund can be made to the credit card that was used for the original payment. We retain our right to invoice you for the commission in full.
If you are in breach as defined in clause 9.1, should the customer not demand a refund, Holiday Apartments may choose to assist the customer in finding a replacement booking. We withhold the right to make an alternative booking for the customer and you will forfeit any deposit for the cancelled booking. In addition, you will be accountable for the difference between the quotation value of the cancelled booking and the quotation value of the alternative booking, to the extent that the customer refuses to pay same.
Risk of loss passes from Holiday Apartments to you upon your electronic confirmation of receipt of a reservation, including but not limited to fraudulent transactions whether by credit card, electronic funds transfer, proof of payment or otherwise.
CANCELLATIONS AND REFUNDS
The text that you save in the cancellation policy text box when offering a booking will be understood to be your cancellation policy for that booking.
In the event of a cancelled booking, your own cancellation policy will apply. This policy shall be viewable by the guest during the reservation process and is legally binding.
On receipt of a request from a customer to cancel a booking, My Leisure Group will withhold the right to retain our commission, forfeited by the customer. The establishment owner will be accountable to the customer for the refund amount in accordance with the establishment's cancellation policy. Any refundable amount should be transferred to My Leisure Group immediately after notification of the cancellation. So that, the refund can be made to the credit card that was utilised for the original payment
Should a cancellation occur before we have paid you the amount due to you for the cancelled booking we may settle the refund on your behalf. In this case, the refunded amount will counterbalance any monies owed to you.
All Guest refunds must be paid back to Holiday Apartments. Holiday Apartments will in turn refund the guest.
Should that you not add your cancellation policy, the Holiday Apartments cancellation policy will be the default cancellation policy.
You acknowledge that in the event of a bank deposit, fraudulent credit card payment, proof of payment or reversal of the payment be made to Holiday Apartments for any reason by the bank or any other agency, Holiday Apartments responsibility is confined to the repayment of any commissions it has received with regards to the booking and you are responsible for the repayment of any payment you have received in respect of the booking, irrespective of your cancellation policy. This amount should be refunded to us immediately on notification by us to you that the payment has been reversed out of our bank account.
USE OF INFORMATION
We withhold the right to publicly display or utilise any or all information directly or indirectly provided by you relating to your property or listing.
Employees of Holiday Apartments and any associated companies using the Holiday Apartments software may utilise any and all information collected from you.
We shall not be accountable for any loss, damage or liability of any nature resulting from any unintentional misuse of any provided information.
We agree to to maintain the Holiday Apartments software including the listing service, reservation service and the technology supporting it, but we shall not be accountable for any loss, damage or liability of any nature resulting from any defects that may be found to exist, or may occur from time to time, in the Holiday Apartments software.
We shall not be accountable for any direct or indirect loss or damage suffered whatsoever as a result of "hacking" of the Site, planned or unplanned outages or the actions of service providers, including Telkom and all relevant hosting and equipment providers. You herewith indemnify and hold us harmless with regards to any claim resulting from any "hacking" or other outage of service.
Save as otherwise provided herein, we shall not be accountable to you for any direct or indirect loss or damage that you may experience as a result of the utilisation of the Holiday Apartments software and your listing therein by any party, whatsoever and howsoever arising.
You herewith indemnify us against any claim for loss or damage arising as a result of your listing, whether instituted against us directly or against you and us, insofar as it relates to your property, the content on your listing or the links on your listing.
LIMITATION OF LIABILITY
In the event that, notwithstanding the remaining provisions of this agreement we are accountable to you for any damages, such accountability shall be confined to a maximum of the commission that you paid to us.
CANCELATION OF THIS AGREEMENT
Holiday Apartments may, in its sole judgment, delist your property at any time without notice.
You do not have an implicit or explicit right to be listed on the Holiday Apartments system. This is irrespective of any preceding relationship, time period of listing, number of clients referred, payments made, potential effect on your business or any other factor.
You will have no recourse against Holiday Apartments or any party for being delisted.
Holiday Apartments need not provide any reason for delisting your establishment.
Respectively, you may delist your establishment from the Holiday Apartments system at any time without notice.
Upon delisting, certain rights and obligations will persist including:
Rights and obligations of all parties under the terms of this agreement for any bookings already commenced.
The right for Holiday Apartments to utilise your name, images and other information for any material that may already have been designed or advertising space that may already have been purchased.
Rights of any customers already introduced via the Holiday Apartments software.
RIGHTS TO YOUR INFORMATION
You authorise Holiday Apartments to utilise your property's information, including but not confined to your establishment name, descriptions and images, to promote any of the following:
Your country or region
The Holiday Apartments system or website
An affiliated website or system
This information may be utilised in any media, including but not confined to social media, print and television without notice.
Holiday Apartments may, from time to time, be affiliated with other websites, apps or companies for purposes including, but not confined to, further promoting properties listed on the Holiday Apartments system.
Holiday Apartments may, at its sole judgment, expand all rights granted to it to said partners.
Holiday Apartments is not required to inform you of any partnerships that may be entered into, or to notify you of any listing of your information with a partner, or to particularly note which enquiries or bookings were introduced by a partner.
Holiday Apartments will not be accountable to you for the actions of affiliate partners, including with regards to their utilisation of your listing information.
CHANGE OF AGREEMENT
This agreement or any part thereof may at any time be modified after a 48-hour notice period commencing from such time as Holiday Apartments emails you at your provided email address with a copy of the new agreement. After said notice period, you are considered to have consented to the new agreement and will thereafter be contractually bound to said agreement, unless you have actively delisted your accommodation from the Holiday Apartments software before expiration of said notice period.
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