TERMS AND CONDITIONS FOR OWNERS
When you register your Property on the AWI website or by accession, browsing and using our website, or any of our applications through whatever platform (hereafter collectively referred to as the “website”) you are deemed to have read, understood and agreed to these terms and conditions (including the privacy statement as set out on this site), as may be amended from time to time. Should you not agree to these terms and conditions do not continue to use the website.
Please make sure you have read and understand these terms and conditions which deal with various aspects of our relationship with you.
Important clauses that limit our responsibility or involve some risk for you may be in bold. You must pay special attention to these clauses.
Agreement means these terms and conditions including the privacy statement located on this website;
Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;
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;
Guests means people reserving the property for rent via this website;
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;
Longstay Booking means a reservation for a period in excess of four continuous weeks
Marks means any trademarks, logos, brand names, domain names or other marks of AWI;
Payment Tool means AWI credit card payment facility (Paygate) 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/guest cottage/chalet/budget accommodation/boutique hotel/cottage/luxury apartment or beach bungalow listed on the website; and ;
Service means an online platform with live availability linked to a secure payment gateway for guests convenience through which visitors to the website can make reservations in the Property;
- Conclusion of Agreement and ECT Act
You 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 behalf of you, 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 AWI. at any time will be true, accurate and complete. AWI reserves the right to treat all misrepresentations by you as a fraud and you indemnify AWI against any loss or damage that AWI may sustain resulting from such misrepresentation.
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.
You acknowledge that AWI 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.
AWI is in terms of section 43 of the ECT Act is required to make its contact details, its domicilia citandi et executandii and certain other information available to you when you enter into electronic transactions with AWI. This information is: 021 434 1500; 084 434 1500 and 397 Main Road Sea Point.
You agree to provide us with valid and up to date copies of the following documentation per listing on our Website:
- A copy of your South African Identity document or passport document in the case of a non-resident; and
- A current (not older than 3 months) utility bill that reflects the physical address of the Property.
- Cooling Off Periods
Should section 44 of the ECT Act be applicable, or should section 16 of the CPA apply, you are entitled to cancel without reason and without penalty this agreement, within 5 (five) business days after the date of the conclusion of the agreement, subject to the exclusions in section 42 (2) of the ECT Act and the CPA.
- Scope of our Service
Through the website we provide an online platform for guests from South Africa and abroad who visit the website to make reservations at the Property by using our services which specialize in Cape Town along the Atlantic Seaboard and City Bowl offered in conjunction with a unique professional service with a personal touch with hands on friendly and efficient agents who are dedicated to you the Property owner to maximize your return on your investment. By guests making a reservation through www.forrent.co.za, they enter into a direct (legally binding) contractual relationship (agreement drafted by AWI) with you the property provider. When rendering our services, the information that we disclose is based on the information provided to us by you. 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. You shall remain 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.
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.
You agree to pay commission to AWI on any bookings made by guests who are introduced to you via AWI in terms of clause 7 below. This commission shall be deducted from the gross rental paid once the guest has paid in full and within 72 hours of check in.
You agree not to attempt to take conversations with guests ‘offline”, in order to avoid paying AWI commission. Bookings which are taken ‘offline’ are still commissionable and will be invoiced accordingly. Furthermore such action on your part will be deemed to be a material breach of this agreement.
Rental Service Package
SELF MANAGE/AD HOC RENTAL SERVICE
AWI shall draw up agreements with guests on your behalf and take payments and deposits and pay over same to you within 72 hours of the guest checking in to the Property.
Holiday/daily rentals fee: 10% exclusive of vat of all confirmed bookings paid in full on holiday/daily rate bookings booked through AWI (you shall bear the cost for electricity and post cleans)
Long Stay furnished or unfurnished rental fee: 8% exclusive of vat paid upfront from first month’s rent on all concluded leases through AWI.
AWI to assist with correct pricing and offer advice according to the market and comparable properties with your input.
FULL COMPREHENSIVE MARKETING AND RENTAL MANAGEMENT SERVICE –
If you elect this package our team will do it all for you from coming to meet you to list your Property. If you don’t have suitable photographs we will arrange them on your behalf which will be included at no additional cost, and fully manage your Property on a daily basis. All contracts to be done by AWI as well as check ins and outs, service checklists/inventories and day to day running of the Property.
Holiday/daily rental fee: 20% exclusive of VAT on all confirmed bookings paid for in full through AWI
Long term furnished or unfurnished rental fee – 15% exclusive of VAT on all concluded leases through AWI.
AWI to assist with correct pricing and offer advice according to the market and comparable properties with you input.
There is no registration cost, setup fee or annual listing fee to have access to list your Property on our website.
- Preferred standards
You must provide the following in offering you Property through this website:
- professional photographs or images taken by AWI at no cost
- 3 sets of linen (of good quality in whit 200 thread count cotton percale), which lasts long enough for the replacement cycle (one set to be replaced every year so this enables us to rotate the linen once every 3 years;
- a minimum basic inventory (one can be provided if you do not have at a cost as this is outsourced, a basic guide will be provided to you)- we do not do detailed inventory checks but only on most used and large items. If items are missing or break and AWI cannot relate to a specific guest, the owner/landlord will carry the risk;
- standard Goldina marathon 440g towels as these allow for 200 washes;
- waterproof mattress and pillow protectors on all beds;
- washable and durable bathroom mats;
- 3 sets of keys per unit;
- extra blankets (winter);
- heater for winter and fans for summer if no under floor heating or aircon;
- dstv – minimum of compact package;
- wi-fi (Telkom has month to month contracts with no installation fees );
- pool loungers with cushions for pools and at least one umbrella
- flat screen televisions
- Where any cancellation by a guest 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 back from you.
AWI will then refund the relevant amount (if any) to the guest within 3 (three) working days of having received the amount from you and same having cleared in its bank account.
The amount must be paid back to AWI in full on the first working day following AWI requesting you to do so, failing which AWI will be entitled to deduct the outstanding amount from any future monies payable from AWI to you, howsoever arising.
In the event of guest cancelling because of sickness or death in their immediate family, AWI encourages a policy of full refund. Should you determine this policy appropriate and refund any payments made in full, we will refund our commission to you. Cancellations made by Guests before the time and date beyond which a cancellation fee applies will not attract commission. Cancellations made by Guests after the time and date beyond which a cancellation fee applies will attract commission in accordance with the terms of this Agreement.
You shall provide the Property booked and in the event that you are not able to meet your obligations under this Agreement for any reason whatsoever, you shall promptly inform us. You will use your best endeavours to procure alternative arrangements of equal or superior quality at your own expense and in the event that no Property is available on arrival, you will:
- (a) find suitable alternative Property of an equal or better standard;
- (b) provide free private transportation to the alternative Property for the Guest and other members of the guest’s party who are listed in the guest’s guaranteed booking, and
- (c) reimburse and compensate us and/or the guest for all reasonable costs and expenses (e.g. costs alternative accommodation, transportation, telephone costs) made, suffered, paid or incurred by the guest and/or AWI due to or caused by the overbooking. Any amount charged by AWI in this respect shall be paid within 14 days after receipt of the invoice.
AWI aims to on pay all monies owed to you within 72 hours of guest check in. You agree to honour bookings processed by AWI prior to receipt of these funds.
AWI reserves the right to withhold or delay any on payment of funds if they have reason to suspect that there is any fraudulent activity associated with the booking or the payment of the funds to you. Any payment will be withheld pending investigation of the transaction and verification of the parties involved.
AWI reserves the right to offset any amounts owing to it against any payments due and payable by AWI to you.
Please note that AWI is reliant on their online banking service to pay you monies owed. Whilst AWI will at all times endeavours to make all payments timeously, sometimes during high-usage periods this platform becomes temporarily inaccessible and payment may be delayed. Although payment will be made as soon as is reasonably possible, AWI disclaims any and all liability arising out of late payments.
Certain bank charges may apply on settlement. For example if your bank account is located outside of South Africa, bank charges including SWIFT fees and the cost of converting the payment into your local currency may be charged by your bank in order to deposit the funds into your account. You agree to accept these costs.
You shall calculate and pay all taxes, duties, levies, tariffs or similar charges of any kind (including withholding or value added taxes) imposed by any state, local, or other governmental entity for services provided under this Agreement, excluding only taxes based solely on AWI”s net income. In the event you are required to withhold any amounts towards payment of tax on payments made to AWI under this Agreement (“Withholding Tax”), you shall deduct same from the amount and furnish all proof required by AWI to enable AWI to claim a credit from any relevant tax authorities. You shall hold AWI harmless from all claims and liability arising from your failure to provide the said documentation.
- Correctness of information and Reviews
Information provided by you for inclusion on this website shall include information relating to the Property (including pictures, photos and descriptions), its amenities and services and the rooms available for reservation, details of the rates (including all applicable taxes, levies, surcharges and fees) and availability, and other policies and restrictions (the ” Accommodation Information“) and shall comply with formats and standards provided by AWI. The Accommodation Information shall not contain any telephone or fax numbers or email (including skype) address or social media website/app/platform (including twitter and facebook), with direct references to the Property or its websites, apps, platform, tools or other devices, or to websites, apps, platform, tools or other devices of third parties. AWI reserves the right to edit or exclude any information on becoming aware that it is incorrect or incomplete or in violation of the terms and conditions of this Agreement.
You hereby warrant that all information you supply is correct and that you have the right to all Intellectual Property Rights, including without limitation the trademarks in any names and logos, in the information provided to us. You furthermore undertake to ensure that all information will be continuously updated, including the description of your rates and the services offered.
AWI invites all guests who stay at your establishment to submit a review of their stay which you hereby consent to us publishing on our website. You will be provided with an opportunity to respond to such review. You hereby agree to allow AWI to publish these reviews and acknowledge that AWI is not responsible for the content thereof and indemnify us from any and all damages that you may suffer as a result hereof.
- Bank Details – Your Responsibility
It is your responsibility to ensure that AWI has correct bank details on record. Should you fail to provide us with your correct banking details, AWI reserves the right to retain any funds due and payable to you until such time as we have been provided with the correct banking details.
Should a change in ownership or bank account take place, AWI must immediately be notified so that old account details can be removed. AWI reserves the right to request whatever documentation it in its sole discretion determines to be relevant in order to demonstrate a valid and legal change in banking details.
AWI is not responsible for payments made into incorrect accounts if not timeously notified in writing of the change.
- Quotation Errors
Please note that if you quote a guest incorrectly and the guest accepts this quotation you are required to honor the quotation.
- No Shows
While AWI is sympathetic to the impact upon you of guest booking and not arriving we are unable to assume any liability in this regard. Due to the nature of the service we are merely facilitating the transaction between the guest and you and as such we do not have control over whether or not they comply with their obligations towards you. As such any recourse will need to be sought against the guest themselves and AWI specifically disclaims any liability or responsibility in this regard.
AWI reserves the right to de-list your Property without notice, or refuse to take further bookings, where there is non-compliance with these terms and conditions or for any reason as may be determined in their reasonably exercised discretion which may result in a poor guest experience or which may potentially damage AWI’s reputation. These reasons include but are not limited to: repeated double-bookings, repeated failure to respond to enquiries timeously, or misrepresentation of the standard / nature of your Property and services offered, infringement of AWI or third party intellectual property or severe or consistently negative reviews. Should this happen you undertake to honor any bookings already made through the AWI website or to refund in full all monies received in respect thereof within 3 (three) working days of having been requested to do so by AWI.
You may at any time delist you Property without notice or penalty as long as all bookings paid and booked for through the website are honored. In regard to the above you specifically indemnify AWI from any and all damages you or AWI may suffer as a result hereof.
- Service Delivery and Interruptions
AWI will use reasonable endeavors to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.
AWI will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this.
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 any/all agreement/s concluded between us; or
- claim immediate performance and/or payment of all your obligations in terms hereof.
We may terminate this Agreement (and close the Property on the Platforms) or suspend this Agreement with immediate effect and without a notice of default being required in case of :
(i) you failing to pay commissions on or before the due date; or
(ii) you receiving one or more legitimate and serious complaint(s) from one or more guest(s) who made reservations with the Property; or
(iii) you using inappropriate, unlawful or unprofessional behavior towards guests or our staff.
- CPA Obligations
It is recorded that the CPA will apply to our promotion of your Property via the website and we are thus exposed to wide potential statutory liability to consumers. It is agreed that –
- all the statutory obligations imposed upon us vis a vis consumers under the CPA are hereby equally imposed as contractual obligations upon you vis a vis us (“CPA Obligations”); and
- we shall have the same rights over you, as consumers will have over us under the CPA.
- Without derogating from the generality of the aforegoing, your CPA Obligations shall include but not be limited to your obligations under the provisions relating to deposits, promotions, cancellation of advance bookings, over selling, over booking as well as your obligation to clearly and accurately describe and/or depict the products and services and their prices in any communications with us.
- you indemnify and hold us harmless against any possible liability or claims we may suffer or arising from the CPA.
- Warranties and Indemnity
You hereby warrant the following:
- You have the right to enter into this Agreement;
- The price for the Property advertised on this website corresponds to the best available price for an equivalent stay with the Property and a better price cannot be obtained by a guest making a reservation with the Property directly or via another (third) party or via another medium or channel;
- You will at all times act in a lawful manner and ensure compliance with all applicable laws and regulations, including specifically your obligations towards consumers as set out in the CPA;
- You have the right to use all Intellectual Property Rights including trademarks (registered or unregistered), names and logos and that AWI will not infringe any third party intellectual property rights by marketing your Property in any way; and
- All information provided by you is accurate and true in all material respects.
You hereby indemnify AWI unconditionally and irrevocably and agree to hold AWI harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by AWI or instituted against AWI as a result of (without limitation):
- your use of our services and the website;
- your failure to comply with these terms and conditions and a provision of any A/agreement concluded between us;
- any unavailability of, or interruption in the service;
- all claims made by guests concerning inaccurate, erroneous or misleading information of the Property on this website;
- all claims made by guests concerning or related to a stay in the Property, overbooking or (partly) cancelled or wrong reservations or repayment, refund or charge back of the Property Price
- your failure to comply with the provisions of any piece of law or regulations applicable to you; and
- any other cause whatsoever relating to our provision of services to you.
- 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 functions 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.. 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 of R1000.00 (one thousand rand) only.
The parties understand and agree that in the performance of this Agreement, each Party may have access to or may be exposed to, directly or indirectly, confidential information of the other party (the “Confidential Information“). Confidential Information includes Customer Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.
Each Party agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party and receiving party shall not use any Confidential Information for any purpose except in furtherance of this Agreement; (b) it shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the “Permitted Persons“) to maintain, the confidentiality and secrecy of the Confidential Information; (c) it shall disclose Confidential Information only to those Permitted Persons who need to know such information in furtherance of this Agreement; (d) it shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Information; and (e) it shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other Party.
Notwithstanding the foregoing, (a) Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving party, (ii) was possessed by the receiving party prior to the date of this Agreement, (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, and (b) nothing in this Agreement shall prevent, limit or restrict a Party from disclosing this Agreement (including the any technical, operational, performance and financial data (but excluding any Customer Data)) in confidence to an affiliated (group) company.
Parties shall use commercially reasonable efforts to safeguard the confidentiality and privacy of Customer Data and to protect it from unauthorized use or release.
- Your Obligations in regard to the Property
You undertake at your own cost for the duration of the occupation of the Property to:-
- ensure that the Property is clean, in good order and condition and suitable to be
- ensure that the Property (including all contents therein) is adequately insured against damage, destruction and / or any loss which you may suffer as a result of theft or break-in and / or fire, during the occupation period. The insurance should include coverage for public liability, SASRIA and malicious damage;
- ensure that the Property is let with all the furnishings, fittings, appliances, equipment and amenities represented by you as being in or forming part of the Property;
- provide a pool and gardening service (where necessary, not less than once a week);
- make the Property available in good and clean (owner responsible for cleaning the property at end of stays at his/her cost. AWI can arrange the service if required) condition with all fittings, appliances, equipment and amenities in sound and good working order;
- supply a continuous supply of electricity;
- as soon as is reasonably possible, inform the guest, via AWI, of any facts and / or changes in circumstances which may be material to, and or may affect the guests use and enjoyment of the Property, including, but not limited to any alterations of changes to the Property or neighboring the Property including renovations, refurbishing, constructions or reconstructions.
- Comply with the standards in terms of clause 9 above
- Be liable for any plumbing or electrical damage caused to the not caused as a result of the fault of the Guest
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 website on a regular basis in order to determine whether any amendments have been made. You acknowledge that by visiting the website from time to time, you will become bound to the current version of these terms 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 website.
Intellectual Property Rights: Unless otherwise stated, all right, title, interest, and ownership in all Intellectual Property Rights in, to or of this website 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 marks 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
Certificate of Indebtedness: Any amount due and payable by you to AWI in terms of any agreement between us at any time, shall be determined and proved by a certificate signed by one of AWI”s directors, whose appointment, qualification and authority need not be proved. Such certificate shall be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against you.