Terms of Agreement
1. General terms
The following information describes how our relationship works.
1.1. When you register your establishment on the Bela Bela Tourism website or in any way utilise any other services offered via the Bela Bela Tourism website, you are deemed to have read, understood and agreed to the Bela Bela Tourism specified terms of this agreement. Should you not agree to these terms, please do not continue to use the Bela Bela Tourism’s website.
1.2. These Terms and Conditions include the policies found at “http://www.belabelatourism.co.za/terms.html (collectively “the Terms”). Please make sure you read and understand these policies, which deal with various aspects of our relationship with you.
1.3. No sales representative, affiliate, dealer, agent, officer or employee of Bela Bela Tourism.co.za 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. You may not change these Terms and our activation or provision of any services to you, does not indicate our acceptance of any changes made by you to our Terms.
1.4. Clauses that are important and that limit our responsibility or involve some risk for you may be in bold. You must pay special attention to these clauses.
2.1. Business Day means Monday to Friday, but excludes a day, which is an official public holiday in the Republic of South Africa;
2.2. Business Hours mean the hours between 08h00 and 17h00 on a Business Day.
2.3. CPA means the Consumer Protection Act 68 of 2008.
2.4. 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.
2.5. ECT Act means the Electronic Communications and Transactions Act, 2002.
2.6. 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.
2.7. Longstay Booking means a reservation for a period in excess of four continuous weeks.
2.8. Marks means any trademarks, logos, brand names, domain names or other marks of Bela Bela Tourism.co.za.
2.9. Bela Bela Tourism.co.za: we, us and our means Bela Bela Tourism, Company Registration Number 2006/005659/08.
3. Conclusion of Agreement and ECT Act
3.1. 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 Bela Bela Tourism.co.za at any time will be true, accurate and complete.
3.2. Bela Bela Tourism.co.za reserves the right to treat all misrepresentations by you as fraud and you indemnify Bela Bela Tourism.co.za against any loss or damage that Bela Bela Tourism.co.za may sustain resulting from such misrepresentation.
3.3. 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.
3.4. Bela Bela Tourism.co.za is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandi and certain other information available to you when you enter into electronic transactions with Bela Bela Tourism.co.za. This information is available on our Website.
3.5. 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.
4. Cooling Off Periods
4.1. 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.
5.1. You agree to pay commission to Bela Bela Tourism for each customer introduced to you via Bela Bela Tourism’s staff or Bela Bela Tourism’s website.
5.2. The minimum commission charge is 15% (fifteen percent) per guest per room, exclusive 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. A minimum commission of R45.00 (forty five rand) applies if the booking total is under R305.00 (three hundred and five rand).
5.4. The establishment will give Bela Bela Tourism rate and availability parity.
* Rate parity means the same rates for the same establishment, same room type, same dates, same bed type, same number of guests, same or better restrictions or policies, reservation changes and cancellation policy as available on the Establishment’s website, call centres (including the customer reservation system) or directly at the establishment, with any competitor of Bela Bela Tourism (which includes any online or offline reservation or booking agency or intermediary) and/or with any (online or offline) third party.
* Availability parity means that the establishment shall provide Bela Bela Tourism with such availability that are at least as favourable as those provided to any competitor of Bela Bela Tourism (which includes any online or offline reservation or booking agency or intermediary) and/or with any other (online or offline) third party that is a business partner of or in any other way related with or connected with the establishment.
5.5. Rate and availability parity must be applied to all Tourism Quotations. You undertake not to split the quotation and then levy additional costs directly to the customer. You also undertake to include all applicable rates, levies and taxes in your tourism quotations.
5.6. You agree not to attempt to take conversations with customers ‘offline", in order to avoid Bela Bela Tourism 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.
6. Cancellations and No Shows
6.1. 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:
Where cancellation occurs:
* On the date of arrival or during the stay - the full payment due for the entire booking may be retained.
* 0 - 14 days before arrival or 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).
* 28 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).
* 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.
6.2. 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.
6.3. Please note that while Bela Bela Tourism 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 customers themselves and Bela Bela Tourism specifically disclaims any liability or responsibility in this regard.
7.1. On receipt of a request from a customer to cancel the reservation:
* Bela Bela Tourism will notify you and be entitled to claim this amount back from you.
* Bela Bela Tourism 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 Bela Bela Tourism in full on the first working day following Bela Bela Tourism requesting you to do so, failing which Bela -Bela Tourism will be entitled to deduct the outstanding amount from any future monies payable from Bela Bela Tourism to you, howsoever arising.
* You agree that Bela Bela Tourism will be entitled to levy a handling charge of 15% (fifteen percent or the agreed commission percentage), excluding VAT on the amount forfeited by the customer, with a minimum charge of 5% (five percent) excluding VAT on the booking total.
* In the event of customers cancelling because of sickness or death in their immediate family, Bela Bela Tourism 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.
8. Payment Terms
8.1. In the event that a guest arrives at your property with the claim that they have paid Bela Bela Tourism their entire booking charge, and no proof of payment has been sent through to you to confirm this, the property is within its right to request proof of payment from the guest.
8.2. Properties are advised to not allow guests to stay until proof of payment has been provided in the event that this was not sent through by Bela Bela Tourism. If proof has been provided by the guest, they are entitled to make use of the facilities booked.
8.3. Bela Bela Tourism will endeavour to provide you with proof of payment once funds have been cleared or proof of payment has been sent. Bela Bela Tourism under no circumstances withhold any information on payments received from guests and will always inform properties of funds received.
8.4. Bela Bela Tourism will not be held liable for any costs incurred by guests claiming to have paid Bela Bela Tourism and they then stay without having done so. It is the responsibility of the property to ensure that payment has been collected by Bela Bela Tourism, and if no payment notice has been received, the property must request that the guest pay the entire charge due before checking in.
8.5. You will remain responsible for the commission due to Bela Bela Tourism, irrespective of the guest's payment status. Any commissions not paid over to Bela Bela Tourism will be deducted from future reservations.
9.1. Bela Bela Tourism aims to on pay all monies owed to you within 5 (five) to (8) working days of receipt thereof.
9.2. You agree to honour bookings processed by Bela Bela Tourism.co.za prior to receipt of these funds.
9.3. Bela Bela Tourism.co.za 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.
9.4. Bela Bela Tourism reserves the right to offset any amounts owing to it against any payments due and payable by Bela Bela Tourism to you.
9.5. Please note that Bela Bela Tourism is reliant on their online banking service to pay you monies owed. Whilst Bela Bela Tourism 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, Bela Bela Tourism disclaims any and all liability arising out of late payments.
9.6. 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.
10.1. 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 Bela Bela Tourism’s net income.
10.2. In the event you are required to withhold any amounts towards payment of tax on payments made to Bela Bela Tourism under this Agreement (“Withholding Tax”), you shall deduct same from the amount and furnish all proof required by Bela Bela Tourism to enable Bela Bela Tourism to claim a credit from any relevant tax authorities. You shall hold Bela Bela Tourism harmless from all claims and liability arising from your failure to provide the said documentation.
11. Correctness of information
11.1. You hereby warrant that all information you supply relating to the Establishment is correct (including pictures, photos, videos and descriptions) 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 services offered and your rates, be it on Nightsbridge or as supplied to us.
12. Guest Reviews
12.1. Bela Bela Tourism 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. You hereby agree to allow Bela Bela Tourism to publish these reviews and acknowledge that Bela Bela Tourism is not responsible for the content thereof and indemnify us from any and all damages that you may suffer as a result thereof.
12.2 Our review policy states:
* Visitors to our website have the expectation that the site will provide them with unbiased reviews and content of our accommodation providers. Past guests who wish to share their personal experiences with visitors to our website provide this content. Reviews from past guests are a powerful form of marketing. We are committed to ensuring the integrity of the content we receive and provide to our global community of travellers. Any attempts to mislead, influence or impersonate a traveller is considered fraudulent, and is subject to penalties. This may include but is not limited to:
• Attempts by an owner or agent of a property to boost the reputation of a business by:
• Writing a review for their own business, or for any property the reviewing party owns, manages, or has a financial interest in.
• Utilizing any optimization company, marketing organization, or third party to submit reviews.
• Impersonating a competitor or a guest.
• Offering incentives in exchange for reviews, including discounts, upgrades or any special treatment.
• Asking friends or relatives to write positive reviews.
• Submitting reviews on behalf of guests.
• Copying comment cards and submitting them as traveller reviews.
• Selectively soliciting reviews (by email, surveys or any other means) only from guests who have had a positive experience.
• Pressuring travellers to request the removal of their negative reviews from our website, be it in return for a discount or incentive.
• Prohibiting or discouraging guests from posting negative or critical reviews of their experience-
• Attempts to damage competitors by submitting a negative review
• Owners and agents of owners should NOT write reviews of direct competitors, even if they are relaying a genuine experience.
12.3 Guests who submit reviews certify that their reviews are based on my their experience and is their genuine opinion of the establishment they stayed at, and that they have no personal or business relationship with this establishment, and have not been offered any incentive or payment originating from the establishment to write their reviews. We have a zero-tolerance policy on fake reviews.
13. Bank Details - Your Responsibility
13.1. It is your responsibility to ensure that Bela Bela Tourism has correct bank details on record. Should you fail to provide us with your correct banking details, Bela Bela Tourism 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.
13.2. Should a change in ownership or bank account take place, Bela Bela Tourism must immediately be notified so that old account details can be removed. Bela Bela Tourism 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.
13.3. Bela Bela Tourism is not responsible for payments made into incorrect accounts if not timeously notified in writing of the change.
13.4. 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.
14. Quotation Errors
14.1. Please note that if you quote a customer incorrectly and the customer accepts this quotation you are required to honour the quotation.
15. Double Bookings and Failure to Honour Bookings
15.1. Double bookings are the result of quoting for a customer’s enquiry, or accepting a customers 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.
15.2. 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.
15.3. Bela Bela Tourism 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.
15.4. Bela Bela Tourism will be entitled to recover this difference from you, be it directly or via set off against other amounts owing to you.
15.5. Furthermore you undertake to refund any deposit paid to Bela Bela Tourism within 1 (one) working day of your failure to honour any booking. Should such amount not be received timeously Bela Bela Tourism reserves the right to set off such amount against any sums owing to you by Bela Bela Tourism, or held by Bela Bela Tourism on behalf of a customer in which event you undertake to utilise such deposit against further deposits required by customers booking through our website.
15.6. Bela Bela Tourism is entitled to charge the full commission on the quote value of the double booking or any booking, which you fail to honour.
16. Chargebacks – Your Responsibility
16.1. Online payments processed by Bela Bela Tourism can in certain circumstances (typically fraud) be contested by the cardholder, and the transaction reversed. This is known as a "charge back".
16.2. In this case, Bela Bela Tourism is obliged to pay the credit card transaction amount back to our merchant bank. You agree that Bela Bela Tourism.co.za can either set off this sum against future monies due and payable to you by Bela Bela Tourism.co.za or that you will refund to Bela Bela Tourism any amounts on-paid to you, which are subsequently charged back, within 3 (three) working days of being advised thereof.
17.1. Bela Bela Tourism 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 Bela Bela Tourism’s reputation. These reasons include but are not limited to:
* Attempts to take conversations with customers ‘offline", in order to avoid Bela Bela Tourism commission.
* Repeated failure to respond to enquiries timeously.
* Repeated double-bookings.
* Failure to accept a reservation at the cost shown on the quote.
* Charging guests hidden costs or more than quoted
* Failure to update your establishment information on request.
* Misrepresentation of the standard / nature of your establishment and services offered.
* Infringement of Bela Bela Tourism or third party intellectual property.
* Misuse the review process by any behavior that results in a review appearing on the Website that is not an honest expression of a real stay by a real guest at the Establishment.
* Severe or consistently negative reviews.
17.2. Should this happen you undertake to honour any bookings already made through the Bela Bela Tourism 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 Bela Bela Tourism.
17.3. In this regard you specifically indemnify Bela Bela Tourism from any and all damages you or Bela Bela Tourism may suffer as a result hereof.
17.4. Should you wish to de-list your property / services, a written request must be submitted to email@example.com, with firstname.lastname@example.org copied in. The reason for removal must be provided with the full name of your property with authorization to remove. The removal will be done within 72hours of the request after the request has been verified against the registered details at Bela Bela Tourism. Bela Bela Tourism will in return confirm in writing once the relevant HTML file(s) and images have been removed from its domain. Bela Bela Tourism cannot be held liable for any cached pages stored in Google or any similar search engines' history. These pages and / or files may still appear through searches and Bela Bela Tourism does not take any responsibility for their appearance.
18. Service Delivery and Interruptions
18.1. Bela Bela Tourism will use reasonable endeavors 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.
18.2. Bela Bela Tourism will use its best endeavors to notify you in advance of any maintenance and repairs, which may result in the unavailability of a service, but cannot always guarantee this.
19.1. Should you be in breach of any provision of this agreement Bela Bela Tourism 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 and/or claim immediate performance and/or payment of all your obligations in terms hereof.
20. Consumer Protection Act Obligations
20.1. 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.
20.2. 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.
21. Warranties and Indemnity
21.1. 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 Bela Bela Tourism 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.
21.2. You hereby indemnify Bela Bela Tourism unconditionally and irrevocably and agree to hold Bela Bela Tourism harmless against all loss, damages, claims, liability and/or costs (including without limitation reasonable attorneys’ fees and expenses) of whatsoever nature, howsoever and whensoever, suffered or incurred by Bela Bela Tourism or instituted against Bela Bela Tourism as a result of:
* 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.
* Any other cause whatsoever, relating to our provision of services to you.
22. Disclaimer and Limitation of Liability
22.1. To the extent permitted by applicable law, Bela Bela Tourism 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 Bela Bela Tourism is liable to you for any damages, Bela Bela Tourism’s liability to you for any damages howsoever arising shall be limited to the amount of R1000.00 (one thousand rand) only.
23.1. Amendments: Bela Bela Tourism 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. Any objections to new stipulations must be put in writing within 20 days of the policy / change made public.
23.2. 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.
23.3. 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.
23.4. 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.
23.5. 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.
23.6. Certificate of Indebtedness: Any amount due and payable by you to Bela Bela Tourism in terms of any agreement between us at any time, shall be determined and proved by a certificate signed by one of Bela Bela Tourisms 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.