TERMS & CONDITIONS

Introduction

On using the e-beds website and services (information, quotes or reservations), you are deemed to have read, understood and agreed to these terms as unmodified by you. These Terms and Conditions include the Copyright Notice, Privacy Policy, Data Collection Policy and Electronic Communications and Transactions Act information under “insert URL” (collectively “the Terms”).

No sales representative, affiliate, dealer, agent, officer or employee of ebeds.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. 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.

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 ebeds.co.za;
• ebeds.co.za, we, us and our means e-beds CC, Registration Number [insert];

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 ebeds.co.za at any time will be true, accurate and complete. ebeds.co.za reserves the right to treat all misrepresentations by you as a fraud and you indemnify ebeds.co.za against any loss or damage that ebeds.co.za may sustain resulting from such misrepresentation.

The provisions of the ECT Act, apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper based transactions, e.g. where you apply for a service or product by completing an agreement in writing.

You acknowledge that ebeds.co.za 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.

ebeds.co.za 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 ebeds.co.za. This information is available under “Company information” on our Website. [NOTE: this needs to be changed to reflect correct location].

Cooling Off Periods

Should section 44 of the ECT Act be applicable, you are entitled to cancel without reason and without penalty an electronic transaction and related credit agreement that was concluded electronically for the supply of services, within 7 (seven) days after the date of the conclusion of the agreement, subject to the exclusions in section 42 (2) of the ECT Act which include (without limitation), services that began with your consent before the end of the aforementioned 7 (seven) day period.

Cancellations

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.

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.

• 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).
• 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).

On receipt of a written instruction from you to cancel the reservation, ebeds.co.za will refund whatever amount is due within 3 (three) working days of having received the refund from the establishment in question. Whilst ebeds.co.za undertakes 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.
Refund payments are subject to a 4.5 % (VAT inclusive) handling fee on the refunded amount unless a refund is necessitated as a result of the fault of the establishment or of ebeds.co.za. Determination as to who is at fault is solely in ebeds.co.za’s reasonably exercised discretion.
If a SWIFT transfer is necessary this will carry an additional R180.00 (one hundred and eighty rand) charge.

Double bookings and Non-Availability of Accommodation

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.

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 ebeds.co.za cannot and is not liable for any damages or loss you 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 ebeds.co.za and change your password;
• you, as the holder of the user name and password acknowledge you are solely responsible for all payments in respect of a service charged to you, 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 ebeds.co.za 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 ebeds.co.za’s user authentication processes or engage in attempts to access ebeds.co.za’s network where not expressly authorised to do so.
• ebeds.co.za may offer a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us thereof and to update your details. We 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.

Complaints

It is important to us that your accommodation experience meets your expectations.

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.

If you have a complaint about an accommodation establishment, or about us, please contact us.

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.

Although ebeds.co.za might perform site inspections of the establishments listed on the site. All information about an establishment is provided by the establishment themselves and not by ebeds.co.za. While the descriptive and qualitative information about each establishment on ebeds.co.za is of "best effort" accuracy, we make no warranties as to the accuracy or veracity thereof. Every effort is made to ensure accuracy - establishments legally commit to supplying correct information and previous customers’ criticisms may be publicly published on ebeds.co.za. The truth does tend to prevail!

Reviews

When you make a booking with us, you will be given an opportunity to submit feedback about your stay. ebeds.co.za reserves the right not to publish any comments which may be defamatory, or which are not verifiable or for any reason as determined in our sole discretion. We hope you have a great stay, but if not we will investigate and take any steps deemed necessary.

Service Delivery and Interruptions

ebeds.co.za 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.

Breach

Should you be in breach of any provision of this agreement ebeds.co.za shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith suspend or access to the service and bar you from utilising same.

Warranties and Indemnity

You hereby warrant the following:

• You have the right to enter into this agreement; and
• All information provided by you is accurate and true in all material respects.

You hereby indemnify ebeds.co.za unconditionally and irrevocably and agree to hold ebeds.co.za harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by ebeds.co.za or instituted against ebeds.co.za 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;
• any other cause whatsoever relating to our provision of services to you.

Disclaimer and Limitation of Liability

To the extent permitted by applicable law, ebeds.co.za 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 ebeds.co.za is liable to you for any damages, ebeds.co.za’ liability to you for any damages howsoever arising shall be limited to the sum of R1000.00 (one thousand rand) only.

General

Amendments: ebeds.co.za 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.

Amendments: ebeds.co.za 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.

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.

Thank you for using ebeds.co.za.