TERMS AND CONDITIONS
Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;
Business Hours means the hours between 08h00 and 17h00 on a Business Day;
CPA means the Consumer Protection Act 68 of 2008;
Effective Date means the date on which you accepted the terms and conditions for a service or product, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, including telephonic acceptance;
ECT Act means the Electronic Communications and Transactions Act, 2002;
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;
Marks means any trademarks, logos, brand names, domain names or other marks of AWI;
Payment Tool means the credit card payment facility located on the website;
AWI, we, us and our means Accommodation Warehouse International CC Registration Number CK 2002/058441/23
Property means any guesthouse/hotel/villa/b and b/holiday home/luxury villa/private home/safari lodge/ penthouse/apartment/holiday apartment/luxury apartment/guest cottage/chalet/budget Accommodation/boutique hotel/cottage or beach bungalow listed on the website; and
- Scope of our Service
Through the website we provide an online platform through which all types of property owners can advertise their property for reservation, and through which visitors to the website can make such reservations. By making a reservation through this website, you enter into a direct (legally binding) contractual relationship with the property provider through Accommodation Warehouse you and the property owner, transmitting the details of your reservation to the relevant property provider and sending you a contract and a confirmation email for and on behalf of the property provider. AWI will still be involved if the owner has elected the full management service for meeting guests/check outs but if the owner has elected the self managed option then AWI will not be further involved and all further dealings will be with the property provider.
Please note that, the website is used to facilitate property providers and guests connecting and booking property directly with each other through AWI. Depending on the package the property provider has selected. When rendering our services, the information that we disclose is based on the information provided to us by property owners. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each property provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any property made available. All bookings are made at your own risk.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
- Confirmation of Bookings and deposits
Bookings may only be confirmed once deposits have been received. Funds need to reflect in our account. We will not be responsible for any lost bookings due to a delay in processing of any payments from a third party bank. Please note there are no booking or agents fees.
Any balance remaining as a damages deposit shall be refunded to you within 14 days of termination of a booking.
TO SECURE A BOOKING:
More than nine weeks before booking – 50% deposit of the total booking cost must be paid to us including a refundable damage security deposit (min R3000)
Nine weeks or less before the booking –100% of the total booking must be paid to us plus a refundable damage security deposit (min R3000)
An agreement will be drawn up separately between you and the property provider stating the dates and the rate after the booking is confirmed as well as a booking confirmation and sent to you via email. The rental will then either be fully managed by AWI or the property provider will self manage the property, depending on the service selected by the property provider. At all times the contract in respect of the property will between you and the property provider directly and all claims will be made by you against the property provider directly.
- Cancellation policy
- Where any cancellation occurs:
- 0 – 28 days before arrival–100% of the total property rental cost may be retained;
- 63- 28 days before arrival – 50% of the total property rental cost may be retained;
- 63 days or more before arrival-the full deposit shall be retained.
AWI will notify you and be entitled to claim this amount from you.
AWI will then refund the relevant amount (if any) to you within 3 (three) working days of having received the amount from you and same having cleared in its bank account.
On written instructions by you to cancel a booking, refunds if any will be done within 3 working days with a 10% admin charge, unless a refund is due to a double booking, incorrect quotation or non-availability. Swift transfers will incur an additional charge of R230. Refunds on damage deposits will be done within 7 to 14 working days after checkout.
You shall not be entitled to cancel your booking and be entitled to a refund if you are not satisfied with the property for any reason whatsoever.
Double bookings and non – availabiltiy –
We undertake our best endeavours to ensure that double bookings do not occur or that rooms are available at time of check-inn, however if this should occur then we will use our best endeavours to find alternative property at the same rate. We cannot be held liable for any damages or loss suffered as a result hereof and you hold us harmless in this regard.
AWI shall not be held liable to the Guest for the property not becoming available during their occupation as a result of fire, theft or flood.
It is important that your property experience meets your expectations. Please ensure that if you have any issues to notify AWI. We will treat all complaints seriously but cannot be held responsible for any loss you or any third party may suffer as a result of the property failing to meet advertised standards as we do not perform site inspections of all property listed on our site. Every effort is made to ensure accuracy and commit to supplying correct information. We make no warranties as to the accuracy or veracity of all information supplied in relation to the properties.
- Obligations relating to usage of the property
- You are advised to take out holiday insurance covering your own liability and
cancellation / curtailment risks for any reason in relation to the property.
- You accept full responsibility for any accidents caused by or arising out of your own negligent or intentional misuse of the property or failure to comply with applicable statutes and regulations in relation to the property.
- The property will be available for occupation by you from 14:00 on the occupation date.
- You are to leave the property before 10:00 on the departure date, failing which AWI has the right to charge you for an extra day (or longer where applicable). In the event that you fail to leave the property and cause the owner to suffer damages, the owner has the right to claim any damages suffered by him against you.
- You shall notify AWI within 2 (two) days after the occupation date, of any defects in the property, failing which you shall be deemed to have acknowledged that the property was received in good order. The owner, through AWI will arrange for rectification of the defects that affect you having full beneficial use of the premises within 48 hours, or such period as arranged with you.
- You shall advise AWI in advance, or at the time, of any increase in the number of occupants and / or guests above the occupancy limit for the property. AWI will confer with the owner of the property for consent for the additional guest/s and if granted you will be invoiced at the daily occupant rate plus a 20% surcharge for such additional occupants. If the owner of the property declines the consent the then additional occupents shall forthwith leave the property failing which this will be deemed to be a breach of this agreement.
- You may not sublet the whole or any part of the property to any third party.
- You shall not do anything which could damage the property or render any insurance policy in respect of the premises void or voidable.
- You shall comply with the rules of the body corporate (if applicable) relating to the property.
- You may not make any alterations or additions to the property, nor affix anything to the walls of the property.
- You shall only use the property for residential accommodation purposes and the parking places only for parking of motor car/s.
- You shall ensure that refuse does not remain on or outside the property, save in the place provided.
- You shall keep and maintain the interior of the property clean and in good order and condition.
- you shall allow reasonable access to AWI or the owner of the property to inspect/visit the property.
- You shall leave the property in the same condition in which you found it, fair wear and tear excluded failing which such damages shall be deducted from your security deposit and/or claimed from you.
Should you be in breach of any provision of this agreement AWI shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:
- afford you a reasonable opportunity to remedy the breach; or
- suspend your access to a service;
- cancel all agreements concluded between us; or
- claim immediate performance and/or payment of all your obligations in terms hereof.
- Disclaimer and Limitation of Liability
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the services provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the use of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your use of any of our services and or use of the property. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that AWI is liable to you for any damages, AWI’s liability to you for any damages howsoever arising shall be limited to the sum of R1000.00 (one thousand rand) only.
Payments shall be made in terms of clause 3 above.
Payment may be made via Visa, MasterCard, only credit cards or by bank transfer into the AWI’s bank account, the details of which will be provided on request.
Your details will be stored by AWI separately from card details which will be securely sent to us
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Amendments: AWI reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website together with the date on which it will become effective. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. You acknowledge that by visiting the Web Site from time to time, you will become bound to the current version of these terms and conditions and, unless stated in the current version, all previous versions will be superseded by the current version. You are responsible for reviewing the then current version on each visit to the Web Site.
Intellectual Property Rights: Unless otherwise stated, all right, title, interest, and ownership in all intellectual property rights in, to or of this web site are the sole property of or will vest in AWI. All moral rights are reserved. You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our intellectual property rights.
Whole Agreement: This agreement constitutes the sole record of the agreement between us 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.
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.
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.
Governing Law: Save as set out otherwise in this Agreement, this Agreement shall be exclusively governed by and construed in accordance with the laws of South Africa. Save as set out otherwise in this Agreement, any disputes arising out or in connection with this Agreement shall exclusively be submitted to and dealt with by the competent court in Cape Town South Africa.
Cession: You shall not be entitled to assign, transfer, encumber any of you rights and/or obligations under this Agreement without our prior written consent
Hyperlinks: Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other web sites on the part of AWI. AWI makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks. AWI will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).
Framing: No person, business, or website may frame this website or any of the pages on this website, or use any other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;
Linking: We prohibit “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of AWI.
Spiders and Crawlers: No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this website.
Warranty: All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not however warrant that the content or information displayed is always accurate, complete and/or current.
Domicile: AWI 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, ___397 MAIN ROAD, SEA POINT, 8005_______ ______________________________.
Company information: This website is run by Accommodation Warehouse International CC Registration Number CK 2002/058441/23