Terms and
Conditions
1. Disclaimer
1.1 The
Classy Guesthouse website is owned and operated by Classy Guesthouse.
Databases, information and systems are the property of Classy Guesthouse. Apart
from the provisions of sections 43(5) and 43(6) of the Electronic
Communications and Transactions Act, neither Classy Guesthouse 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 this web site or the
services or content provided from and through this web site. Furthermore, Classy
Guesthouse 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. Users are encouraged to report any possible malfunctions and errors
to info@classyguesthouse.co.za.
1.2 This
web site is supplied on an "as is" basis and has not been compiled or
supplied to meet the user's individual requirements. It is the sole
responsibility of the user to satisfy himself prior to entering into any
agreement, that the service available from and through this web site will meet
the user's individual requirements and be compatible with the user's hardware
and/or software.
1.3 Information,
ideas and opinions expressed on this site should not be regarded as
professional advice or the official opinion of Classy Guesthouse and users are
encouraged to consult professional advice before taking any course of action
related to information, ideas or opinions expressed on this site.
1.4 Neither
Classy Guesthouse 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 any service sold as a result of using this web site.
1.5 Classy
Guesthouse makes no representation regarding any other web sites that may be
accessed through this service and accordingly accepts no responsibility for the
content or use of such web sites or information contained therein. In addition,
it shall not be liable to any party for any form of loss or damage,
consequential or otherwise, incurred as a result of any use or reliance on any
information contained on such a web site or any web sites which can be accessed
through this web site.
2. Delivery
2.1 The
user of the website makes an availability enquiry of the establishment. If the
establishment has accommodation available for the required period a quotation
is sent to the user. This constitutes an offer by the establishment, which can
be accepted or declined. If the offer is accepted, the user is directed to the
payment page of the website. However, acceptance is only finalized when payment
is made and processed. The offer has an expiry date specified by the
establishment and is thus open for acceptance by the guest during the period
prior to the expiry date. If the offer is subject to availability, the booking
will only be confirmed by the establishment once they are informed that the
funds have been received by Classy Guesthouse and provided the accommodation is
still available.
2.2 Payment
is made either of the minimum deposit required or the full amount. In certain
circumstances the minimum deposit is equal to the full amount of the quotation.
2.3 As
soon as payment has cleared the Classy Guesthouse bank account and been
processed, delivery has taken place on the part of the guest and the
establishment is required to confirm the reservation and a reservation
confirmation reference number is issued. Delivery on the part of the
establishment takes place when the guest has physically taken up the
accommodation reserved.
2.4 Establishments
may apply cancellation policies and these are clearly displayed on every
quotation. Cancellation policies will have implications for refunds and these
are dealt with in section 6.
2.5 Value
added tax at 15% is charged on bookings by VAT registered establishments and is
included in the price quoted.
3. Availability
3.1 Where
the establishment makes use of online availability software, a booking can be
made immediately without the sending of an enquiry or quote. These
establishments are identified by a Book Now button. The system interfaces with
the availability server operated by the availability software provider and
allows the guest to view availability of different accommodation and make an
immediate online booking.
3.2 The guest can only pay for this type of
booking by credit card.
3.3 It
is the establishment's responsibility to ensure their booking availability is
kept up to date. Guests should be aware that from time to time the
establishment may lose contact with the availability server for various
technical reasons and therefore Guests should rely on a confirmation from the
establishment in order to be certain that the booking has been accepted.
3.4 Establishments
whose availability software indicates no availability, will be shown as
unavailable on the search results.
4. Availability Calendar
4.1 Establishments
also have the option to mark certain dates on their availability calendar as
fully booked and establishments will be shown as unavailable for these.
However, as the marking of the availability calendar by the establishment is
optional and is also a manual process, establishments shown as available may
sometimes be unavailable.
4.2 Guests
should therefore rely on the establishment's quote as to whether there is
availability or not.
5. Governing Law
5.1 This
site is managed, controlled and operated from the Republic of South Africa and
is therefore governed by South African law.
6. Privacy
6.1 Classy
Guesthouse shall take all reasonable steps to protect the personal information
of Users. For the purpose of this clause, "personal information"
shall be defined as detailed in the Promotion of Access to Information Act 2 of
2000 (PAIA). The PAIA may be downloaded from: act2.pdf
6.2 Classy
Guesthouse shall take all reasonable steps to protect the personal information
of every user on the system and may store, notwithstanding other information,
the following; name and surname, birth date, e-mail address, telephone numbers,
cellular numbers, physical addresses, other personal information including
surfing habits, IP numbers, username and passwords for the system booking and
client preferences and any other information the user submits to this website. Classy
Guesthouse only stores this information when a user has consented to these
terms and conditions. Users are required, in every instance, to specifically
indicate their consent before they are able to send an availability enquiry or
a booking to an establishment. Personal information regarding establishments
listed on the website is stored on the system when the owner registers. Owners
are required, in every instance, to specifically indicate their consent to
these terms and conditions before they are able to send a quotation in response
to a guests booking enquiry.
6.3 Where
users are required to furnish copies of IDs, utility bills and other personal
documents, these will be securely stored and not made available to any
unauthorized third parties.
7. Security
7.1 Any
person that delivers or attempts to deliver any damaging code to this web site
or attempts to gain unauthorized access to any page on this web site shall be
prosecuted and civil damages shall be claimed in the event that Classy
Guesthouse suffers any damage or loss.
7.2 Users
may click on the PayGate logo to view their security certificate
9. General Information
9.1 Currency
and merchant outlet country
9.1.1 Transaction Currency is ZAR (South African Rand) The merchant outlet
country at the time of presenting payment options to the cardholder is South
Africa.
10. Legal
10.1 Users
may contact Classy Guesthouse by sending an e-mail to info@classyguesthouse.co.za
or by using the contact us button on the website. Users may also contact Classy
Guesthouse by dialing +27116810178.
10.2 Guests
agree that Classy Guesthouse may send them newsletters and emails from time to
time (Opt In).
10.3 Classy Guesthouse may, in its sole
discretion, change this agreement or any part thereof at any time without
notice.
10.4 Classy
Guesthouse does not buy or sell accommodation. The Classy Guesthouse website
operates as a guide to enable users to find, book and pay for, accommodation. Classy
Guesthouse thus acts as an advertising medium for the establishment and
facilitates payments through the use of a payment gateway. However, the
contract is based on an offer by the establishment which is accepted by the
guest and therefore exists legally between these two parties.
10.5 Classy
Guesthouse also provides support to users of the website by means of email,
telephone (call centre) and online chat facility. Classy Guesthouse's normal
office hours are 8:00am to 7:00pm Mon - Fri and 8:00am to 1:00pm Sat excluding
public holidays but may vary from time to time.
10.6 The
information provided by establishments and displayed on Classy Guesthouse is
loaded by the establishment themselves and responsibility for its accuracy
rests with the establishment.
10.7 In
the event of a dispute between the guest and the owner, Classy Guesthouse will
assist in resolving such dispute. Classy Guesthouse does not, however,
underwrite or guarantee bookings between guest and establishment or the
accuracy of the information portrayed by the establishment or in its quote and
is not liable to either party for any claims, damages or refunds of any type.