T's & C's
Terms & Conditions |
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WEBSITE TERMS AND CONDITIONS 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; Effective Date means the date on which you accepted the terms and conditions for a service or product, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, including telephonic acceptance ECT Act means the Electronic Communications and Transactions Act, 2002; 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 EQuanimity Holiday Bookings (www.cullin.co.za); In these Terms & Conditions, "we", "us" and "our" means EQuanimity Holiday Bookings cc., Reg. No. 2003/103513/23 (www.cullin.co.za) 1. Establishment Descriptions 1.1 We endevour to perform site inspections of the establishments listed on the site from time to time, however all the information and photographs about an establishment is provided by the establishment themselves and not by us. While the descriptive and qualitative information about each establishment on www.cullin.co.za is of "best effort" accuracy, we make no warranties as to the accuracy or veracity thereof. 1.2 Every effort is made to ensure accuracy - establishments legally commit to supplying correct information and previous customers" criticisms may be publicly published on www.cullin.co.za. The truth does tend to prevail! 2. Cancellations 2.1 Cancellation terms vary between establishments, and those pertaining to each establishment are viewable at appropriate times during the reservations process. Please ensure you view these. 2.2 If the establishment has not specified a cancellation policy, our default policy will apply, as set out below. Please note this policy will only apply where there is no establishment cancellation policy and that it is your responsibility to find out if an establishment has such a policy and familiarise yourself with the establishment’s cancellation policy. 2.3 Where cancellation occurs: On arrival or during the stay - the full payment due for the entire booking may be retained. 0 - 14 days before arrival, no show - the full deposit paid may be retained. 15 - 28 days before arrival - 75% (seventy five percent) of deposit , or 25% (twenty five percent) of full quote value may be retained (whichever is the greater). 8 days or more before arrival - 50% (fifty percent) of deposit, or 25% (twenty five percent) of full quote value may be retained (whichever is the greater). 2.4 On receipt of a written instruction from you to cancel the reservation, we will refund whatever amount is due within 3 (three) working days of having received the refund from the establishment in question. Whilst we undertake to get the refund to you as soon as possible, due to the fact that we are merely facilitating the flow of funds from the establishment back to you we do not have control over the entire refund process and are reliant on the establishment. 2.5 Refund payments are subject to a 4.5 % (VAT inclusive) (seven percent) handling fee on the refunded amount unless a refund is necessitated as a result of the fault of the establishment or of us. Determination as to who is at fault is solely in our reasonably exercised discretion. 2.6 If a SWIFT transfer is necessary this will carry an additional R180.00 (one hundred and eighty rand) charge. 3. Double bookings and Non-Availability of Accommodation 3.1 From time to time accommodation establishments double book, which means that they confirm a reservation with a guest, and subsequently accept another booking for the same accommodation or for some reason accommodation becomes unavailable. We take this seriously and do everything we can to try and ensure it doesn’t happen. If it does, we’ll pull out all the stops to find reasonable, alternative accommodation. 3.2 However any agreement for accommodation and the associated rights and obligations are between you and the accommodation establishment. Due to the nature of how the service works we cannot and are not liable for any damages or loss you may suffer as a result hereof. 4. Complaints 4.1 It is important to us that your accommodation experience meets your expectations. 4.2 Please ensure that you take up any issues that you experience directly with the establishment during your stay, in order to give them an opportunity to rectify the situation. 4.3 If you have a complaint about an accommodation establishment, or about us, please contact us. 4.4 We’ll treat it seriously but cannot be held responsible for any loss you or any third party may suffer as a result of any accommodation failing to meet the advertised standards. 5. Site Access 5.1 When you visit our website, we give you a limited licence to access and use our information for personal use. 5.2 You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. 5.3 Except as permitted under the Copyright Act 1978, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. 5.4 The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. 6. Hyperlinks 6.1 This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. 6.2 Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking. 7. Intellectual Property Rights 7.1 The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. 7.2 All trade marks, bRand and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. 7.3 Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. 7.4 If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. 8. Disclaimers 8.1 Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. 8.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 8.3 We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. 9. Limitation of Liability 9.1 To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again. 9.2 We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied. 10. Indemnity 10.1 By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 11. Force Majeure 11.1 If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. 12. Jurisdiction 12.1 These terms and conditions are to be governed by and construed in accordance with the laws of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Africa and you agree to submit to the jurisdiction of those Courts. 12.2 If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect. 13. Privacy 13.1 We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. 13.2 Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. |