TERMS OF TRADING
The following information describes how our relationship works. When you register your establishment on the SafariNow website, respond to enquiries, and submit quotes via the SafariNow system or in any way utilise any other services offered via the SafariNow website, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms do not continue to use the SafariNow website.
No sales representative, affiliate, dealer, agent, officer or employee of SafariNow 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. These Terms 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.
Important clauses that limit our responsibility or involve some risk for you may be in bold. You must pay special attention to these clauses.
Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;
Business Hours means the hours between 08h00 and 17h00 on a Business Day;
CPA means the Consumer Protection Act 68 of 2008;
Effective Date means the date on which you accepted the terms and conditions for a service or product, be that in writing or by way of electronic medium, for example by clicking “I agree”, or "Submit Quote" 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;
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 SafariNow;
NCA means the National Credit Act of 2005; and
SafariNow, we, us and our means SafariNow (Pty) Limited
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 SafariNow at any time will be true, accurate and complete. SafariNow reserves the right to treat all misrepresentations by you as a fraud and you indemnify SafariNow against any loss or damage that SafariNow may sustain resulting from such misrepresentation.
The provisions of the ECT Act apply.
You acknowledge that SafariNow 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.
SafariNow is in terms of section 43 of the ECT Act 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 SafariNow. 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 certified copy of the establishment’s legal registered owner’s South African Identity document or passport document in the case of a non-resident.
Your application for registration as an establishment may be subject to a credit referencing or risk assessment process. This means that SafariNow may request and receive your Confidential Information, Consumer Credit Information and Prescribed Information (as defined in the NCA) (“Assessment Information”) from registered credit bureaus in order to perform a financial means test to determine whether you will be in a position to meet your obligations under the intended agreement.
SafariNow is entitled to perform this financial means test on a regular basis.
In this regard you consent to SafariNow requesting, receiving and reporting your Assessment Information from and to registered credit bureaus in accordance with the provisions and for the purposes of the NCA; and the sharing of such Information by registered credit bureaus and such other persons as contemplated in the NCA, for the prescribed purposes of the NCA.
You will not be registered as an establishment or this agreement may be terminated upon receipt of a negative credit reference.
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.
You agree to pay commission to SafariNow on any bookings made by customers who are introduced to you via SafariNow.
The commission payable is set out at Annexure A hereto.
You agree not to attempt to take conversations with customers ‘offline", in order to avoid SafariNow 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.
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:
· No show or cancellation within 14 days of stay – No refund due.
· Cancellation between 15 and 30 days before stay – 25% of the deposit will be refunded.
· Cancellation between 60 and 30 days before stay – 50% of the deposit will be refunded
· Cancellation more than 60 days before stay – full refund.
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.
On receipt of a request from a customer to cancel the reservation, SafariNow will:
• apply the cancellation policy you have specified on your listing or, if you have not specified one, will apply SafariNow’s default cancellation policy.
• charge our commission (excluding VAT) based on the amount that you have retained from the cancelled booking.
• then refund the relevant amount (if any) to the customer within 3 (three) for 5 (five) working days of the cancellation request.
• You will receive an invoice for any amounts owing to SafariNow if the cancelled booking was already onpaid to you. The amount must be paid back to SafariNow in full on the first working day following SafariNow requesting you to do so, failing which SafariNow will be entitled to deduct the outstanding amount from any future monies payable from SafariNow to you, howsoever arising.
• In the event of customers cancelling because of sickness or death in their immediate family, SafariNow 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.
SafariNow aims to on pay all monies owed to you after 5 (five) to 8 (eight) working days of receipt thereof, including balance payments. You agree to honour bookings processed by SafariNow prior to receipt of these funds.
Should you require a SWIFT onpayment, SafariNow aims to on pay you all monies owed to you after 5 (five) working days of receipt of an accurate invoice from you. You agree to honour bookings processed by SafariNow prior to receipt of these funds.
SafariNow 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.
SafariNow reserves the right to offset any amounts owing to it against any payments due and payable by SafariNow to you.
Please note that SafariNow is reliant on their online banking service to pay you monies owed. Whilst SafariNow 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, SafariNow 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 SafariNow's net income. In the event you are required to withhold any amounts towards payment of tax on payments made to SafariNow under this Agreement (“Withholding Tax”), you shall deduct same from the amount and furnish all proof required by Safarinow to enable Safarinow to claim a credit from any relevant tax authorities. You shall hold Safarinow harmless from all claims and liability arising from your failure to provide the said documentation.
Correctness of information and Reviews
You hereby warrant that all information you supply 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, all live calendars and the services offered.
SafariNow uses a network of authorised affiliates to publish information. You hereby authorise us to use such affiliates to publish your information. Due to issues of real time updates certain information provided or amended by you may not update automatically on all affiliate websites. If this occurs, we cannot be responsible for information or misrepresentations on affiliate’s sites. These affiliates serve as traffic generators and although effort is made to ensure correct information SafariNow does not vet the content on these websites and accordingly you agree that we cannot be held responsible for inaccuracies found on websites not owned and updated by SafariNow or as a result of any infringement of any third party rights.
SafariNow 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 will be provided with an opportunity to respond to such review. Such response will be dealt with in terms of our Review Policy and Posting Guidelines available on our website. You hereby agree to allow SafariNow to publish these reviews and acknowledge that SafariNow 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 SafariNow has correct bank details on record. Should you fail to provide us with your correct banking details, SafariNow 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, SafariNow must immediately be notified so that old account details can be removed. SafariNow 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.
SafariNow 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.
Chargebacks – Your Responsibility
Online payments processed by SafariNow 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, SafariNow is obliged to pay the credit card transaction amount back to our merchant bank. You agree that SafariNow can either set off this sum against future monies due and payable to you by SafariNow or that you will refund to SafariNow any amounts on-paid to you, which are subsequently charged back, within 3 (three) working days of being advised thereof.
Please note that if you quote a customer incorrectly and the customer accepts this quotation you have the option to accept or decline the booking; however, if you accept the booking, you are required to honour it at the amount quoted. .
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.
SafariNow 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. SafariNow 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 SafariNow within 1 (one) working day of your failure to honour any booking. Should such amount not be received timeously SafariNow reserves the right to set off such amount against any sums owing to you by SafariNow, or held by SafariNow on behalf of a customer in which event you undertake to utilise such deposit against further deposits required by customers booking through our website.
SafariNow is entitled to charge the full commission on the quote value of the double booking or any booking which you fail to honour.
Your ranking on SafariNow will be negatively affected and you will move down on our search results.
While SafariNow 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 SafariNow specifically disclaims any liability or responsibility in this regard.
Theft or damages caused by customer
While SafariNow is sympathetic to the impact upon you of customers booking and causing damage to your property and/or stealing any property, we are unable to assume any liability in this regard. The agreement for providing accommodation lies between you and the customer directly; SafariNow is not a party to or involved in that agreement, and as such we do not have control over whether they comply with their obligations towards you. As such any recourse will need to be sought against the customer themselves and SafariNow specifically does not accept any liability or responsibility in this regard.
SafariNow 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 SafariNow’s reputation. 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 SafariNow or third party intellectual property or severe or consistently negative reviews.
Should this happen you undertake to honour any bookings already made through the SafariNow 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 SafariNow.
In this regard you specifically indemnify SafariNow from any and all damages you or SafariNow 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 a service. You will not be able to access and/or use a service without a user name and password.
You agree that:
• you will use your user name and password for your own personal use only;
• 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;
• in the event that your password is compromised, you will immediately notify SafariNow and change your password;
• 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 SafariNow service;
• 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;
• you will not attempt to circumvent SafariNow's user authentication processes or engage in attempts to access SafariNow's network where not expressly authorised to do so.
• SafariNow also offers a password reset service. SafariNow will send a password reset link to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reset emails will only be sent to your registered details and should such details change it is your responsibility to notify SafariNow thereof and to update your details. SafariNow 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
SafariNow 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.
SafariNow will use its best endeavours to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this.
We have an establishment support team working Mondays to Fridays from 9:00am to 5:00pm.
The establishment team is responsible for support relating to:
• Written content; general description and rooms
• Loading images
• Booking processes and policies
• Child polices
• Rates; adding seasons
• Calendar updates
• Setting the location of the establishment (GPS location)
• Adding select features; swimming pool, sea views, etc
• Linking to NightsBridge, SiteMinder and eRes (real time systems that we work with)
• Changing commission structure
• Changing contact details
In addition, we have a Customer Service team on call from Monday to Friday between 8:30am and 5:00pm, Saturdays between 9:00am and 2:00pm, and public holidays between 9:00am and 1:00pm.
The Customer Service team can assist with any reservation related queries, including:
• Calendar updates
• Payment queries
• Establishment educationals/how to use the system
• Review resolution
• Getting banking details to facilitate payments
• Getting more information from guests regarding bookings
• Following up with clients that have not responded to establishments online
• Updating booking information, i.e. change in number of room or dates etc.
• Fraud checks
• Assistance with cancellations
All support will be on a best efforts basis. We will endeavour to assist you as soon as is commercially reasonable but cannot guarantee any specific turnaround times.
Should you fail to pay any amount on the due date for payment then SafariNow may, without prejudice to any of its other rights:
• take all such further steps as may be necessary to recover the outstanding amount (including all legal costs actually incurred by us in recovering or attempting to recover the sums outstanding) from you, including without limitation the use of debt collection mechanisms; and if the debt arises from an agreement which is a credit agreement, then in accordance with the collection and repayment practices as prescribed in the NCA;
• charge interest at the rate of 2% above the prime overdraft rate published by SafariNow's bankers from time to time on the overdue amount, calculated from the due date until the date of payment (both dates inclusive), which interest, if charged, will be capitalised monthly;
• terminate this agreement with immediate effect.
Should you be in breach of any provision of this agreement SafariNow shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:
• afford you a reasonable opportunity to remedy the breach; or
• suspend your access to a service;
• cancel all agreements concluded between us; or
• claim immediate performance and/or payment of all your obligations in terms hereof.
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 –
• 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 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:
• You have the right to enter into this agreement;
• 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;
• You have the right to use all intellectual property including trade marks (registered or unregistered), names and logos and that SafariNow will not infringe any third party intellectual property rights by marketing your establishment in any way; and
• All information provided by you is accurate and true in all material respects.
You hereby indemnify SafariNow unconditionally and irrevocably and agree to hold SafariNow harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by SafariNow or instituted against SafariNow as a result of (without limitation):
• your use of our services;
• your failure to comply with these terms and a provision of any agreement concluded between us;
• any unavailability of, or interruption in the service;
• 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
To the extent permitted by applicable law, SafariNow 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 SafariNow is liable to you for any damages, SafariNow’s liability to you for any damages howsoever arising shall be limited to the of R1000.00 (one thousand rand) only.
Amendments: SafariNow 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 SafariNow in terms of any agreement between us at any time, shall be determined and proved by a certificate signed by one of SafariNow'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.
Jurisdiction: You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by us arising out of this Agreement, provided that we shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
Costs: Should SafariNow, instruct an attorney pursuant to any breach or failure to perform any obligation on your part (the part of Contracting Party, or be required to direct any correspondence to you regarding such breach or failure to perform, then without prejudice to any other rights which SafariNow may have, it shall be entitled to recover from you all legal costs incurred by it, whether or not legal proceedings are instituted against you, on an attorney and own client scale including tracing fees and collection commission and which costs shall be payable on demand and shall not be required to be taxed
Domicilium Citandi et Executandi:
You hereby select the address of the
Establishment as your address for the service of legal documents. Either Party shall be entitled from time to time by written notice to the other to vary its given address to any other address which is not a post office box or to vary its other domicilium contact details.
Signed at on day of 2017.
For and on behalf of Establishment: Who warrants their authority.
For and on behalf of SafariNow: Who warrants their authority.
Alternatively accepted electronically.
Annexure A: Commission Payable Commission will be calculated as follows:
Bookings below R10,000: 15% VAT excl.
Bookings between R10,000 and R15,000: 12.5% VAT excl.
Bookings above R15,000: 10% VAT excl.
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.
The rates setup and quote submission system allows for the addition of certain commissionable costs (such as cleaning fees) and non-commissionable costs (such as breakage deposits). Please make sure that you utilize this system for these additional charges.
You undertake not to levy additional costs other than those included through the rates setup and quote submission system. You may not charge the customer any additional costs on top of the price displayed on the SafariNow quote submitted, be this before or after their stay, via the quote or via any other mechanism for informing them of any additional charges.
APPOINTMENT AS AGENT FOR VAT PURPOSES
The parties hereby place the following on record:
That whereas the establishment may be registered as vendor as described in the VAT Act 1991
That SafariNow is registered as a vendor as described in the Act (VAT no. 4110197904)
The establishment hereby appoints SafariNow as an agent in terms of section 54 of the Act, and in the context of this agreement.
Where any accommodation is booked by SafariNow who is acting on behalf of the establishment for the purposes of that accommodation, that supply shall be deemed to be made by the establishment and not by SafariNow.
Where a tax invoice or a credit or debit note in relation to a supply of accommodation has been issued by SafariNow as contemplated in part 1.3 above, SafariNow shall maintain sufficient records to enable the name, address and registration number of the establishment to be ascertained.
All the following information in respect of any supply of accommodation, shall be available to the establishment in their online establishment account:
· A description of the goods or services supplied;
· The quantity or volume of the goods or services supplied; and
· The value of the supply, the amount of tax charged and the consideration for the supply or the consideration for the supply and the amount of tax charged of the rate at which the tax is charged.
The establishment shall account for the VAT in respect of supplies made to SafariNow on its behalf under this agreement, in the establishment’s VAT returns.
The establishment shall agree to accept invoices issued in its electronic format and available for download on our website.
It is recorded that “SafariNow (Pty) Ltd” was and is authorised to hold supporting documentation in its name but in the capacity as agent for the establishment in respect of accommodation reservations made by the establishment to “SafariNow (Pty) Ltd”.