TERMS AND CONDITIONS
In using this website, booking system, event pages or any other part thereof you are deemed to have read and agreed to the following terms and conditions 1. Company Information This agreement sets out the booking terms and conditions pertaining to the business Villas And Hotels for Africa PTY ltd or any of its affiliates owned and operated by Villas And Hotels For Africa PTY ltd based at 27 Gladstone Street Boston 7530 Cape Province South Africa. (registration number: CK2009/020494/04 2. Acceptance of this agreement This agreement is valid, binding and enforceable against all persons who access the company’s website/ quote system or any other electronic version or any part thereof. 3. Definitions 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; in the South African time zone. CPA means the Consumer Protection Act 68 of 2008, and as amended from time to time; ECT Act means the Electronic Communications and Transactions Act, 2002, and as amended from time to time; 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 Villas And Hotels for Africa PTY ltd. Villas And Hotels For Africa Pty ltd , ourselves, our, us and we, refer to a business which operates in the travel and tourism industry sector in South Africa whose physical address is 27 Gladstone street Boston 7530, South Africa. Words importing the singular shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine and neuter genders, and vice versa, and words importing persons shall include partnerships, trusts and body corporates, and vice versa; The headings to the paragraphs to this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate; Each of the provisions contained in this Agreement shall be construed as independent of every other such provision to the effect that if any provisions to this Agreement shall be determined to be illegal, invalid and/or unenforceable then such determination shall not affect any other provisions to this Agreement all of which shall remain in full force and effect. 4. Disclaimer Exclusions and Limitations The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company: ecludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. To the extent permitted by applicable law, Villas And Hotels For Africa PTY ltd shall not be liable to you for any direct damages howsoever arising and you shall be liable 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. 5. Agreement You hereby warrant that you have the contractual capacity to enter into this Agreement. If the Agreement is signed by a person acting in a representative capacity on your behalf, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to Villas And Hotels PTY ltd at any time will be true, accurate and complete. Villas And Hotels PTY ltd reserves the right to treat all misrepresentations by you as a fraud and you hereby indemnify Villas And Hotels PTY ltd against any loss or damage that Villas And Hotels PTY ltd 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 Villas And Hotels For Africa will provide you with an opportunity in respect of all electronic transactions to: - review the entire electronic transaction - correct any mistakes; and / or - withdraw from the transaction, before finally making the booking. Villas And Hotels For Africa PTY ltd is in terms of Section 43 of the ECT Act required to make its contact details, its physical address and other details available to you when you enter into electronic transactions with us. This information is available in this agreement and on the website villasandhotels.co.za 6. Links from this website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Villas and Hotels will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. 7. Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. 8. Log Files You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. 9. Cookies You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. 10. Privacy Statement We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. 11. Confidentiality Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, hand-outs or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. 12. Availability of downloads and programs You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. 13. Warranties and indemnity You hereby warrant the following: You have the right to enter into this agreement; and All information provided by you is accurate and true in all material respects. You have no intention of defrauding Villas And Hotels For Africa PTY ltd it’s subsidiaries, staff or suppliers. You hereby indemnify Villas And Hotels For Africa PTY ltd unconditionally and irrevocably and agree to hold Villas And Hotels For Africa PTY ltd, its subsidiaries and staff, harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred as result and without limitation. 14. Booking policy and guarantee of service Bookings cannot be confirmed prior to the payment of the deposit, as set out in the quotation, to secure the booking. Therefore, the availability of any accommodation cannot be guaranteed until such time as the required funds are received and a confirmation message has been sent to you. Please note that we cannot control or facilitate the process whereby funds are reflected in our bank accounts. We are not responsible for the lapsing of any quotation or for any bookings being lost due to a delay in the processing of any payment. 15. Payment options. Payment may be made via Visa or MasterCard credit cards 3D secure link wirecard or EFT. The merchant outlet country at the time of presenting payment options is South Africa. Transaction Currency is South African Rand (ZAR). 16. Cancellation and refunds policy We deal with a host of service providers and each one has their own cancellation and refunds policy that we are forced to adhere to. Please check your invoice for the terms and conditions applicable to your booking. 17. Standards and exclusions Wherever possible, Villas and Hotels For Africa PTY ltd perform site inspections of the properties and services we advertise on our site, quote on, or verbally discuss with clients. In the instances where it is not possible to do site inspections, all information about a property or service provider is provided by the property or service provider themselves. 18. Communication with our clients. Villas And Hotels For Africa PTY ltd is committed to protecting your privacy and your personal information. We will use your information to send you important operational messages, for example providing you with information requested by you in an enquiry or notifying you when your quotation is about to expire. These details will not be used for marketing or promotional purposes, unless agreed to by you. 19. Service delivery Villas And Hotels For Africa PTY ltd will use all measures available to us to make our services available to you, and to maintain the availability thereof. We do not warrant or guarantee that these services will at all times be free of errors or interruptions, be always available, fit for any purpose or use, not infringe any third-party rights, or will conform to your delivery timeline requirements. 20. Agreement amendments and changes Villas And Hotels for Africa PTY ltd reserves the right, in its sole discretion, to amend this agreement or any part thereof at any time without prior notice or justification. Any such changes will be published on the site. It would be advisable to review this agreement regularly or at least during every booking process, as you will be deemed to have accepted any such changes which shall come into effect once posted on this website. 21. Country of domicile. The business of Villas And Hotels For Africa PTY ltd, its website, quoting system, event pages and all affiliated business is governed by the laws of South Africa and Villas And Hotels For Africa PTY ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, as 27 Gladstone street Boston 7530, Cape Town, South Africa. Villas And Hotels For Africa PTY ltd is in terms of Section 43 of the ECT Act required to make its contact details, its physical address and other details available to you when you enter into electronic transactions with us. This information is available in this agreement and on the website www.villasandhotels.co.za 22. 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. 23. Copyright Infringement As Villas and Hotels asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Villas and Hotels violates your copyright, you are encouraged to notify us immediately. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 24. Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. 25. General The laws of the South African Communication Media Authority (SACMA) govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the South African courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. Copyright © 2019. Villas and Hotels For Africa. All Rights Reserved