NO PLACE IS EVER AS BAD AS THEY TELL YOU IT'S GOING TO BE
Terms and Conditions
1.1 "Accommodation24", "Ourselves", "Our", "Us" and "We": Refer to the owner (or its representative) of the software used on the accommodation24.com website (and all other related intellectual property) who is incorporated as Investrim CC and whose physical address is Pretoria, South Africa.
1.2 "You" and "Your": Will refer to the person or entity listing an accommodation facility using the accommodation24.com software and related products.
1.3 "Party" and "parties": Will mean both "you" and "ourselves", or either "you" or "ourselves".
1.4 "Visitor": Will mean a person who browses and/or books accommodation using the accommodation24.com software and/or related intellectual properties.
1.5 "Payment Gateway Service Provider": This will be the services of a payment gateway supplier chosen by Accommodation24.
1.6 "Quotation Value": Will mean the total amount paid or payable by a visitor for an accommodation booking, but does not include any extra items or services purchased from the establishment during the visitor's stay.
1.7 "Website" / "Site": Refer to the accommodation24.com website or any other websites in the Investrim CC Group on which details of your property are listed and/or hosted.
1.8 "Listing": Will mean any information that you have loaded into the accommodation24.com software for the purposes of marketing your establishment/event/website. For instance your published personalized webpage on the accommodation24.com site. "Listing" can also refer to the information used for your personal page on the accommodation24.com website whether it has been published publicly or not, and including when it is displayed on another website or via another medium.
1.9 Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2.1 The accommodation24.com software is owned and operated by Accommodation24. All databases, information and systems are the property of Accommodation24.
2.2 Neither Accommodation24 nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use accommodation24.com software or the services or content provided from and through the accommodation24.com website. Furthermore, Accommodation24 makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com.
2.3 The Accommodation24 software has not been compiled or supplied to meet the establishments individual requirements. The software is supplied on an "as is" basis. It is your sole responsibility to satisfy yourself prior to entering into this agreement with Accommodation24 that the service available from and through this software will meet your individual requirements and be compatible with your hardware and/or software.
2.4 The accommodation24.com software and website contain material which is owned by or licensed to Accommodation24. This material includes, but is not limited to, the design, layout, look, appearance and graphics, and may be subject to copyright and/or other design or intellectual property rights. You may not copy, replicate or use such information, other than as agreed to between us and/or the right holder, or to the extent that such use is incidental to your use of the website.
2.5 You may not post content to your listing that in any way breaches or infringes the copyright of any third party, whatsoever, and you hereby indemnify us against any and all claims by third parties in respect of any breach or alleged breach of intellectual property rights as a result of your listing or content you provided to us.
2.6 Unauthorized use of accommodation24.com software may give rise to a claim for damages by Accommodation24 and/or be a criminal offense.
2.7 The use of this software and any dispute arising out of such use of the software is subject to the laws of South Africa.
2.8 Either point 7. or point 8. below will be applicable to your specific establishment’s listing, depending on which payment package were chosen by you.
3) YOUR LISTING
3.1 Accommodation24 reserve the right to withdraw or deny the listing and the use of accommodation24.com's software. Accommodation24 also reserve the right to delete or edit any or all information supplied by you in our database. Furthermore, we shall not be liable for any damage, loss or liability of whatsoever nature arising from us withdrawing or denying the public listing of your accommodation on our website, or from any loss of information supplied by you.
3.2 You agree that Accommodation24 may publish guest reviews of your accommodation listing and you further agree that Accommodation24 is not liable or responsible in any way for the verification or accuracy of any such guest comments published.
3.3 Accommodation24 shall not be liable for any direct or indirect loss or damage of whatsoever nature and howsoever arising as a result of any guest comments/reviews published on or in respect of your listing.
3.4 Accommodation24 may publish, on your establishment listing or anywhere else on the accommodation24.com website or on any medium powered by accommodation24.com software, hyperlinks to any other Internet addresses. These hyperlinks may have destinations that are internal or external to accommodation24.com's website.
3.5 Accommodation24 continuously endeavours to tailor the search functionality on our site to best meet the visitor's needs and Accommodation24 thus reserves the right to present accommodation options to visitors in any order. Our criteria for ordering your listing in search results need not be transparent, and may be changed at any time without notice.
3.6 Your listing may be displayed alongside any other media and/or content, including banners and adverts for any product. You will not be entitled to any revenue that may be generated from said advertising.
4) CORRECTNESS OF INFORMATION
4.1 You hereby take responsibility to ensure that all of the information that you supply to Accommodation24 is correct and continuously updated, including, but not limited to, the description of your establishment, rates and the services offered. Accommodation24 shall not be liable for any damage, loss or liability of whatsoever nature arising from any misrepresentation by you.
4.2 We reserve the right to suspend, remove or alter your listing to reflect the status of the information contained therein if you fail to keep your information current and updated.
4.3 Accommodation24 reserve the right to alter your listing to be inline with best practices on the accommodation24.com software and we are not required to notify you of such change.
4.4 If you make use of a live booking (or similar) system such as NightsBridge's real-time booking software, Accommodation24 may assume that this data is always accurate and up-to-date. Accommodation24 will not be held responsible or liable for any out of date or inaccurate information kept by a live booking system.
5) BANK DETAILS AND PASSWORDS
5.1 It is your responsibility to provide Accommodation24 with your correct bank details. Should there be any change, you must immediately notify Accommodation24 accordingly. Accommodation24 will not be held responsible for payments made into incorrect accounts if not notified timeously of the change.
5.2 Its your responsibility to keep secure any and all passwords that are required for your access to, or use of, accommodation24.com software. You will be legally bound by any action performed using the software by any person with access to your Accommodation24 account.
5.3 You hereby indemnify Accommodation24 for any damage, loss or liability of whatsoever nature arising from unauthorized access to the site.
5.4 You acknowledge that anybody with access to your email account will be able to access your Accommodation24 account. We will reasonably assume that you have authorized said person access. Therefore, you will be legally bound by any action performed using the software by any person with access to your email account.
6.1 When the visitor makes an booking enquiry of the establishment, you are invited to send an electronic quotation to the visitor. This quotation constitutes a legal offer by yourself, which can be accepted or declined by the visitor. The offer is accepted when payment by a visitor is made via one of the booking platform's payment gateway or directly into your account by credit card, electronic funds transfer, some other payment method. Your offer has an expiry date specified by you and it is thus open for acceptance by the visitor during the period prior to the expiry date. Acceptance by the visitor prior to the offer expiring constitutes a binding contract between you and the visitor.
6.2 Visitor payment is made of either the deposit requested by you in your electronic quote or the full amount quoted to the visitor.
6.3 Delivery on the part of yourself takes place when the visitor has physically taken up the accommodation reserved.
6.4 No payments from a potential visitor will be handled by Accommodation24.
6.5 All payments from a potential visitor will be handled either by yourselves (mostly with the fixed monthly rate), via the payment gateway of the booking platform being used or the payment gateway service provider used by Accommodation24.
6.6 Accommodation24 may offer the visitor additional services in connection with your accommodation offer. These services may come at a fee to the visitor and will be charged by Accommodation24 to the visitor directly. You will have no claim over any such fees paid to Accommodation24 for additional services.
7) "GOLD" PACKAGE (FIXED MONTHLY RATE)
7.1 You hereby authorize Accommodation24 to display your contact details, as provided by you. Accommodation24 can not be held responsible for any loss of any nature as a result of displaying the contact details provided.
7.2 Payments will occur in advance, for example, you will be liable for your account on the 1st of April for the advertising services for April.
7.3 If payment is unsuccessful for any reason and not rectified in 7 days, Accommodation24 reserves the right to de-list the specific establishment.
7.4 No refunds will be applicable if you cancel your listing for that specific month, for example, you cancel your listing on the 10th of April, the full amount for April will still be applicable.
7.5 Your first payment will be calculated for the first full month of listing. Thus, the month in which you list are free.
7.6 Any person owning more than one property is required to list ALL properties. Owners may not register ONE property and use the enquiries to market the remaining un-registered properties.
7.7 Use of a booking platform is optional.
7.8 There are 2 payment methods namely:
- 7.8.1 Debit order
- You hereby give authorization to Accommodation24 to issue and deliver payment instructions to the bank for collection against your mentioned bank account, on condition that the sum of such payment instruction will never exceed your obligations as agreed to in this agreement, the payment package that was chosen and any additional advertising chosen by you through Accommodation24.
- You hereby authorize Accommodation24 to withdraw, from your account, our service subscription, in the amount of R250 (excl. vat) and any additional services (such as "Featured Listing") rendered by Accommodation24 on the 1st of every calendar month.
- Only establishments that have chosen and completed the "Debit Order Application" will qualify for the first 2 months FREE promotion.
- The first full month that you are listed will be seen as your first free month.
- Do qualify for the first 2 months FREE promotion listing.
- 7.8.2 EFT
- You hereby agree to a 10% (excluding vat) monthly service fee.
- Accommodation24 will send out invoices on the first day of the month and payment is due before the 7th of each month.
- Do not qualify for the first 2 months FREE promotion listing.
8) "COMMISSION" PACKAGE (NOT FIXED)
8.1 Commission is calculated at 10% excluding vat.
8.2 If you chose this package, the use of a booking platform is compulsory. You can either use your current booking platform or make use of Accommodation24's FREE booking platform. See Clause 9. below.
8.3 You agree to pay commission on any bookings made by a visitors who are introduced to you by Accommodation24 or via accommodation24.com software or the accommodation24.com website.
8.4 We retain a non-refundable booking commission (via our payment gateway service provider and/or booking platform used) based on pricing package (VAT exclusive) on the VAT exclusive quotation value for facilitating the booking. Any amount agreed upon should be done so in writing or using the accommodation24.com software.
8.5 Accommodation24 pays for all payment processing and on-payment charges pertaining to the initial visitor deposit.
8.6 The visitor will NOT be liable to pay any amount in addition to the amount specified in the quotation, except for extra items or services purchased from the establishment or from Accommodation24 directly. However, by making a booking on the accommodation24.com website, the visitor has acknowledged that accommodation24.com is entitled to retain the commission in the event of a booking cancellation. In addition, in the event that you retain a deposit payment, then under no circumstances shall Accommodation24 be held liable for repayment thereof.
8.7 Accommodation24 will calculate the commission based on the total quotation value, and will issue you an invoice for said commission. You can download this invoice at the end of the month by using the accommodation24.com software. Accommodation24 reserves the right to deduct the commission amount, including VAT, from the deposit received from the visitor. The balance of the deposit will be on-paid to you.
8.8 A minimum commission of R15.00 (VAT exclusive) shall apply.
8.9 You hereby agree that you shall not bypass the Accommodation24 booking process when engaging with any visitor introduced to you by the accommodation24.com software. Any communications between you and any prospective visitors using the accommodation24.com software must be conducted via the software until the visitor has paid the deposit via the applicable payment gateway. If this process is bypassed you will be liable to pay over to us the equivalent of the commission that we would have earned and to transfer such payment to us immediately upon receipt of an invoice.
9) BOOKING PLATFORMS
9.1 If you are not currently using a booking platform, we do offer a FREE booking platform. Please take note of Clause 2.2 above when using Accommodatin24's booking platform.
9.2 If you are currently using a booking platform, you can register your establishment by choosing your current booking platform service provider and entering your unique number or you can still make use of the FREE booking platform offered by Accommodation24.
9.3 If your current booking platform service provider is not integrated with our system and you would still like to make use of them, please inform Accommodation24 so that we can integrate with the specific booking platform service provider.
9.4 Accommodation24 will not be held responsible for any damages or loss of any nature arises from the use of any booking platform.
9.5 If using Accommodation24's FREE booking platform, you agree to the following:
- 9.5.1 That Accommodation24 will not be held responsible for any agreements or contracts between yourself and any other third-party such as booking platforms, payment gateway and/or service providers.
- 9.5.2 The payment gateway service provider's contract. Accommodation24 take no responsibility in any sense in regards this agreement.
10.1 Accommodation24 will only facilitate the payment process via the payment gateway service provider and/or the booking platform's payment gateway and all funds (after deduction of the commission %) will be debited directly into your account. You hereby agree to honour the bookings processed by Accommodation24 prior to receipt of these funds.
10.2 You appoint Accommodation24 as agent to facilitate payment on your behalf with respect to any bookings using accommodation24.com software or any other 3rd party. In such matters you agree to accept as paid any amount that Accommodation24 reports to have facilitated with.
10.3 You agree that on occasion certain on-payments from the payment gateway service provider to you may be delayed due to unforeseen circumstances, including high usage periods that may render online banking services unusable.
11.1 Should a visitor accept an offer made by you before the expiry date, and you subsequently either refuse to honour the booking or subsequently cancel the booking for any reason, irrespective of whether you have received payment or not, you will be deemed to be in breach of the offer made, and you hereby agree that:
- If you are in breach as defined in clause 11.1, the visitor may choose to demand a full refund, irrespective of your "cancellation policy". You will then be liable to the visitor for the full amount paid by the visitor for the booking, including VAT and our commission. This amount is immediately payable to the visitor. We retain our right to invoice you for the commission on the full and to keep the commission already paid to us via the payment gateway.
- If you are in breach as defined in clause 11.1, provided the visitor did not demand a refund, Accommodation24 may choose to assist the visitor in finding a replacement booking. We reserve the right to make an alternative booking for the visitor and you will forfeit any deposit for the cancelled booking. In addition, you will be liable for the difference between the quotation value of the cancelled booking and the quotation value of the alternative booking, to the extent that the visitor refuses to pay same.
11.2 Risk of loss passes from Accommodation24 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.
12) CANCELLATIONS AND REFUNDS
12.1 The text entered on your listing in the cancellation policy textbox when offering a booking will be considered your cancellation policy for that booking.
12.2 In the event that a visitor cancels a booking we reserve the right to retain our commission on the booking, and your cancellation policy will apply to the balance of the deposit paid by the visitor. You will be liable to the visitor for the refund amount specified in your cancellation policy. Any amount refundable should be transferred to the visitor immediately after notification of the cancellation.
13) FRAUDULENT TRANSACTIONS
13.1 You acknowledge that in the event of a fraudulent credit card payment, bank deposit, proof of payment or reversal of the payment via the payment gateway for any reason by the bank or any other agency, Accommodation24's responsibility is limited to the repayment of any commissions it has received in respect of 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 the visitor immediately on notification by us to you.
14) USE OF INFORMATION
9.1 Employees and representatives of Accommodation24 or any associated companies using Accommodation24 software may use any and all information collected from you.
9.2 Accommodation24 reserve the right to publicly display or use any or all information directly or indirectly supplied by you relating to your establishment or listing.
9.3 Accommodation24 shall not be liable for any damage, loss or liability of whatsoever nature arising from any unintentional misuse of any information supplied.
15) SERVICE INTERRUPTIONS
15.1 We undertake to maintain the Accommodation24 software including the listing service, reservation service, booking platform and the technology supporting it.
15.2 We shall not be held responsible for any damage, loss or liability of whatsoever nature arising from any defects that may be found to exist, or may occur from time to time, in Accommodation24 software.
15.3 We shall not be held responsible for any direct or indirect loss or damage suffered whatsoever as a result of "hacking" of the website or related websites, planned or unplanned outages or the actions of any service providers and all relevant hosting and equipment providers. You hereby indemnify and hold Accommodation24 harmless in respect of any claim arising from any "hacking" or other outage of service.
16.1 Accommodation24 shall not be held responsible to you for any direct or indirect loss or damage that you may suffer as a result of the use of Accommodation24 software and your listing therein by any party, whatsoever and howsoever arising.
16.2 You hereby indemnify Accommodation24 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 establishment, the content on your listing or the links on your listing.
17) LIMITATION OF LIABILITY
17.1 In the event that, notwithstanding the remaining provisions of this agreement Accommodation24 are liable to you for any damages, such liability shall be limited to a maximum of the commission received or one month fixed listing fee.18) CANCELLATION OF THIS AGREEMENT
18.1 Accommodation24 may, in its sole discretion, cancel the use of the free booking platform and/or delist your establishment at any time without notice.
18.2 You do not have an explicit or implicit right to be listed on the Accommodation24 software. This is irrespective of any factor.
18.3 You will have no recourse against Accommodation24, its employees or representatives or any party for being delisted.
18.4 We do not need to provide any reason for delisting your establishment.
18.5 You may delist your establishment from the accommodation24.com system at any time without notice.
18.6 If your establishment is listed on the 1st of the month, you will be liable for the full months' listing fee no matter when you decide to delist your establishment.
18.7 Upon delisting, certain rights and obligations will persist including:
- 18.7.1 Rights and obligations of all parties under the terms of this agreement for any bookings already initiated.
- 18.7.2 The right to make use of any of Accommodation24's software and/or any other marketing material.
- 18.7.3 The right for Accommodation24 to use your name, images and other information for any marketing material that may already have been designed or advertising space that may already have been purchased.
- 18.7.4 Rights of any visitors already introduced via the Accommodation24 software.
19) RIGHTS TO YOUR INFORMATION
19.1 Accommodation24 reserves the right to use your establishment's information, including but not limited to your establishment name, descriptions and images, to promote any of the following:
- 19.1.1 Your establishment
- 19.1.2 Your region or country
- 19.1.3 The Accommodation24 software, hardware, system or website
- 19.1.4 Affiliated website, software or system
20) AFFILIATE PARTNERSHIPS
20.1 Accommodation24 may, from time to time, partner with other websites, apps or companies for purposes including, but not limited to, further promoting software and properties listed on the Accommodation24 system.
20.2 Accommodation24 may, at its sole discretion, extend all or certain rights granted to it to said partners or representatives.
20.3 Accommodation24 is under no obligation to inform you of any partnerships that may be entered into, or to inform you of any listing of your information with a partner, or to specifically note which enquiries or bookings were introduced by a partner.
20.4 Accommodation24.com will not be responsible to you for the actions of affiliate partners, including in respect to their use of your listing information.
21) CHANGE OF AGREEMENT
20.1 This agreement or any part thereof may at any time be changed after a 72 hour notice period commencing from such time as Accommodation24 emails you at your supplied email address with a copy of the new agreement. After said notice period you are deemed to have consented to the new agreement and will thereafter be contractually bound to said agreement, unless you have actively delisted your accommodation from Accommodation24 software before expiration of said notice period.