Where to Stay - South Africa
 

Establishment – Terms of Use

TERMS OF TRADING

Introduction

The following information describes how our trading relationship works. 

By registering your establishment on the Where2Stay-SouthAfrica.com website, and responding to enquiries, and submitting quotes using the Where2Stay-SouthAfrica.com you are deemed to have read, understood and agreed to these terms as unmodified by you. If you do not agree to these terms you should not use the Where2Stay-SouthAfrica.com website. 

No sales representative, affiliate, dealer, agent, officer or employee of Where2Stay-SouthAfrica.com t/a Panzafusion CC 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. 

The Terms of Trading 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.

Definitions

Business Day means Monday to Friday, but excludes days designated as 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” or “Submit” 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;

Long Stay 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 Where2Stay-SouthAfrica.com;

Where2Stay-SouthAfrica.com, we, us and our means Where2Stay-SouthAfrica.com t/a Panzafusion CC, Registration Number 2009/204853/23.

 

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 Where2Stay-SouthAfrica.com t/a Panzafusion CC at any time will be true, accurate and complete. 

Where2Stay-SouthAfrica.com t/a Panzafusion CC reserves the right to treat all misrepresentations by you as a fraud and you indemnify Where2Stay-SouthAfrica.com t/a Panzafusion CC against any loss or damage that Where2Stay-SouthAfrica.com t/a Panzafusion CC 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 Where2Stay-SouthAfrica.com t/a Panzafusion CC will provide you with an opportunity in respect of all electronic transactions to:

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

Under the terms of section 43 of the ECT Act Where2Stay-SouthAfrica.com t/a Panzafusion CC 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 Where2Stay-SouthAfrica.com. This information is available on our Website.

You agree to provide us with valid and up to date copies of the following documentation per listing on our Website:

  • A copy of the establishment’s legal registered owner’s 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 registered establishment.

Cooling Off Period
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.

Commission Fees
You agree to pay commission fees to Where2Stay-SouthAfrica.com on any bookings made by customers who are introduced to you via Where2Stay-SouthAfrica.com

The minimum commission charge is 10% (ten percent) inclusive of VAT which will be levied on all commission payable.

Commission is deducted from the total quote value.

Commission includes payment processing and on-payment charges.

Quotations provided must be consistent with the direct or walk in rate applicable to customers staying at your establishment. All costs payable by customers must be included in the quotation. You undertake not to split the quotation into basic accommodation and then levy additional costs directly to the customer.

The rates and quotations must also be inclusive of all applicable rates, levies and taxes.

You agree not to attempt to take conversations with customers ‘offline", in order to avoid Where2Stay-SouthAfrica.com commission fees. Bookings which are taken ‘offline’ are deemed commissionable and will be invoiced accordingly. 

Furthermore such action on your part will be deemed to be a material breach of this agreement.

Cancellations
In the event of a cancelled booking, your own cancellation policy will apply provided same can be shown to have been communicated to any customer. If you don’t have your own policy, or such policy has not been communicated to any customer then the following default policy will be applicable:

In the event of a cancellation:

  • No show or cancellation within 14 days of stay – No refund due.
  • Cancellation between 15 and 30 days before stay – 25% of the deposit that was required will be refunded.
  • Cancellation between 60 and 30 days before stay – 50% of the deposit that was required will be refunded.
  • Cancellation more than 60 days before stay – full refund.
  • For all long stay bookings, where a cancellation occurs within 24 (twenty four) hours of arrival, you may retain the full amount quoted for the first four weeks, 25% (twenty five percent) of the amount quoted for the following four weeks and the balance of the amount quoted for the remainder of the booking must be refunded.

Please note that in terms of the CPA you are required to ensure that your cancellation policy is reasonable. You indemnify us from any loss we may suffer as a result of your failure to implement a CPA compliant cancellations policy.

Refunds
On receipt of a request from a customer to cancel a reservation, Where2Stay-SouthAfrica.com will:

Where2Stay-SouthAfrica.com will notify you and be entitled to claim this amount back from you.

Where2Stay-SouthAfrica.com will then refund the relevant amount (if any) to the customer within 3 (three) working days of having received amount from you and same having cleared in our bank account.

The amount must be paid back to Where2Stay-SouthAfrica.com in full on the first working day following Where2Stay-SouthAfrica.com requesting you to do so, failing which Where2Stay-SouthAfrica.com will be entitled to deduct the outstanding amount from any future monies payable from Where2Stay-SouthAfrica.com to you, howsoever arising.

In the event of customers cancelling because of sickness or death in their immediate family, Where2Stay-SouthAfrica.com encourages a policy of full refund; should you determine this policy appropriate and refund any payments made in full, we will refund our commission for these compassionate refunds.

On-Payments
Where2Stay-SouthAfrica.com aims to on pay all monies owed to you within 5 (five) to (8) working days of receipt thereof. You agree to honour bookings processed by Where2Stay-SouthAfrica.com t/a Panzafusion CC prior to receipt of these funds.

Where2Stay-SouthAfrica.com t/a Panzafusion CC 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 the establishment. Any payment will be withheld pending investigation of the transaction and verification of the parties involved.

Where2Stay-SouthAfrica.com reserves the right to offset any amounts owing to it against any payments due and payable by Where2Stay-SouthAfrica.com to you.

Please note that Where2Stay-SouthAfrica.com is reliant on their online banking service to pay you monies owed. Whilst Where2Stay-SouthAfrica.com will at all times endeavour 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, Where2Stay-SouthAfrica.com 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.

Correctness of information and Reviews
You hereby warrant that all information you supply Where2Stay-SouthAfrica.com is correct and that you have the right to all intellectual property, 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.

Where2Stay-SouthAfrica.com invites all guests who stay at your establishment to submit a review of their stay which you hereby consent to us publishing on your homepage on our website. You hereby agree to allow Where2Stay-SouthAfrica.com to publish these reviews and acknowledge that Where2Stay-SouthAfrica.com 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 Where2Stay-SouthAfrica.com has correct bank details on record. Should you fail to provide us with your correct banking details, Where2Stay-SouthAfrica.com 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, Where2Stay-SouthAfrica.com must immediately be notified so that old account details can be removed. Where2Stay-SouthAfrica.com 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.

Where2Stay-SouthAfrica.com is not responsible for payments made into incorrect accounts if not timeously notified in writing of the change.

Once the bank details have been uploaded you are sent an acknowledgement of changes made and are required to re-verify the account details. Should we not hear from you within 24 (twenty four) hours of such acknowledgement being sent, such lack of response will be deemed to be an acknowledgement as to the accuracy of the changes made.

Quotation Errors
Please note that if you quote a customer incorrectly and the customer accepts this quotation you are required to honour the quotation.

Chargebacks – Your Responsibility
Online payments processed by Where2Stay-SouthAfrica.com can in certain circumstances (typically fraud) be contested by the cardholder, and the transaction reversed. This is known as a "charge back".

In this case, Where2Stay-SouthAfrica.com is obliged to pay the credit card transaction amount back to our merchant bank. 

You agree that Where2Stay-SouthAfrica.com t/a Panzafusion CC can either off-set this sum against future monies due and payable to you by Where2Stay-SouthAfrica.com (Pty) Ltd. t/a Panzafusion CC or that you will refund to Where2Stay-SouthAfrica.com any amounts on-paid to you, which are subsequently charged back, within 3 (three) working days of being advised thereof.

Double Bookings and Failure to Honour Bookings
Double bookings are the result of quoting for a customer’s enquiry, or accepting a customer’s booking and then selling the same accommodation to another customer.

Your quote is legally binding (for as long as you make it valid), and you must honour the quote, or booking.

You are responsible for any liability that may arise as a result of any double booking or your failure to honour any booking for any reason.

Where2Stay-SouthAfrica.com will seek to relocate customers to another similar establishment on our website. You undertake to pay any difference in the cost of the stay together with any reasonably necessary ancillary costs associated therewith including without limitation any transport costs required. Where2Stay-SouthAfrica.com will be entitled to recover this difference from you, be it directly or via set off against other amounts owing to you. Furthermore you undertake to refund any deposit paid to Where2Stay-SouthAfrica.com within 1 (one) working day of your failure to honour any booking. Should such amount not be received in a timely manner Where2Stay-SouthAfrica.com reserves the right to set off such amount against any sums owing to you by Where2Stay-SouthAfrica.com, or held by Where2Stay-SouthAfrica.com on behalf of a customer in which event you undertake to utilise such deposit against further deposits required by customers booking through our website.

Customer No Shows

While Where2Stay-SouthAfrica.com is sympathetic to the impact upon you of customers 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 customer 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 customer themselves and Where2Stay-SouthAfrica.com specifically disclaims any liability or responsibility in this regard.

Establishment De-listing
Where2Stay-SouthAfrica.com reserves the right to de-list your establishment 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 customer experience or which may potentially damage the reputation of Where2Stay-SouthAfrica.com. 

These reasons include but are not limited to: repeated double-bookings, failure to update your establishment information on request, repeated failure to respond to enquiries timeously, or misrepresentation of the standard / nature of your establishment and services offered, infringement of Where2Stay-SouthAfrica.com or third party intellectual property or severe or consistently negative reviews.

Should this happen you undertake to honour any bookings already made through the Where2Stay-SouthAfrica.com 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 Where2Stay-SouthAfrica.com.

In this regard you specifically indemnify Where2Stay-SouthAfrica.com from any and all damages you or Where2Stay-SouthAfrica.com may suffer as a result hereof.

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

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 Where2Stay-SouthAfrica.com t/a Panzafusion CC and change your password;

4.    you, as the holder of the user name and password acknowledge you are solely responsible for all transactions, irrespective of whether the service has been utilized or is being utilized 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 Where2Stay-SouthAfrica.com t/a Panzafusion CC service;

5.    you agree to cause all persons who use any services under your account or with your authorization to comply with these Terms and acknowledge that the acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;

6.    you will not attempt to circumvent the Where2Stay-SouthAfrica.com user authentication processes or engage in attempts to access the Where2Stay-SouthAfrica.com network where not expressly authorised to do so.

Where2Stay-SouthAfrica.com also offers a password reminder service. Where2Stay-SouthAfrica.com will send your password to your registered email address 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 Where2Stay-SouthAfrica.com thereof and to update your details. Where2Stay-SouthAfrica.com 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.

Service Delivery and Interruptions
Where2Stay-SouthAfrica.com will use reasonable endeavours 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.

Where2Stay-SouthAfrica.com will use its best endeavours to notify you in advance of any maintenance and remedial activities which may result in the unavailability of a service, but cannot always guarantee this.

Breach
Should you be in breach of any provision of this agreement Where2Stay-SouthAfrica.com shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:

1.    afford you a reasonable opportunity to remedy the breach; or
2.    suspend your access to a service;
3.    cancel all agreements concluded between us; or
4.    claim immediate performance and/or payment of all your obligations in terms hereof.

CPA Obligations
It is recorded that the CPA will apply to our promotion of your establishment via the Website and that are thus exposed to wide potential statutory liability to consumers. 
It is agreed that –

1.    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

2.    we shall have the same rights over you, as consumers will have over us under the CPA.

3.    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 its obligation to clearly and accurately describe and/or depict the products and services and their prices in any communications with us.

Warranties and Indemnity
You hereby warrant the following:

1.    You have the right to enter into this agreement;

2.    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 Consumer Protection Act, No 68 of 2008;

3.    You have the right to use all intellectual property including trade marks (registered or unregistered), names and logos and that Where2Stay-SouthAfrica.com will not infringe any third party intellectual property rights by marketing your establishment in any way; and

4.    · All information provided by you is accurate and true in all material respects.

You hereby indemnify Where2Stay-SouthAfrica.com unconditionally and irrevocably and agree to hold Where2Stay-SouthAfrica.com harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Where2Stay-SouthAfrica.com or instituted against Where2Stay-SouthAfrica.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.    your failure to comply with the provisions of any piece of law or regulations applicable to you; and
5.    any other cause whatsoever relating to our provision of services to you.

Disclaimer and Limitation of Liability
To the extent permitted by applicable law, Where2Stay-SouthAfrica.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 Where2Stay-SouthAfrica.com is liable to you for any damages, Where2Stay-SouthAfrica.com’s liability to you for any damages howsoever arising shall be limited to the of R1000.00 (one thousand rand) only.

General
Amendments: 
Where2Stay-SouthAfrica.com 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, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

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.

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.

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.

Certificate of Indebtedness: 
Any amount due and payable by you to Where2Stay-SouthAfrica.com in terms of any agreement between us at any time, shall be determined and proved by a certificate signed by one of the directors of Where2Stay-SouthAfrica.com, 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.