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Delivery Policy


TERMS OF TRADING

Introduction

The following information describes how our relationship works. When you register your establishment on the Coast to Coast  website, respond to enquiries, and submit quotes via the Coast to Coast  system or in any way utilise any other services offered via the Coast to Coast  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 Coast to Coast  website.

These Terms and Conditions include the policies found at “http://www.Coast to Coast /cms/establishment-terms-of-use/irie.aspx (collectively “the Terms”). Please make sure you read and understand these policies which deal with various aspects of our relationship with you including how we deal with reviews.

No sales representative, affiliate, dealer, agent, officer or employee of Coast to Coast  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.
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;

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” 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 Coast to Coast ;

Payment Tool means Coast to Coast ’s virtual credit card payment facility located on the Coast to Coast  site or on your own site; and
Backpackers Guide , we, us and our means Backpackers Guide  cc, Trading as Coast to Coast . Registration Number 1998/0086/1923

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 Coast to Coast  at any time will be true, accurate and complete. Coast to Coast  reserves the right to treat all misrepresentations by you as a fraud and you indemnify Coast to Coast  against any loss or damage that Coast to Coast  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 Coast to Coast will provide you with an opportunity in respect of all electronic transactions to:

Coast to Coast  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 Coast to Coast . 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:

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.

Commission

You agree to pay commission to Coast to Coast  on any bookings made by customers who are introduced to you via Coast to Coast .

The minimum commission charge is 10% (ten percent) which will be levied on all commission payable.

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. You undertake not to split the quotation into basic accommodation and then levy additional costs directly to the customer.

The rates and quotations must also be inclusive of all applicable rates, levies and taxes.

You agree not to attempt to take conversations with customers ‘offline", in order to avoid Coast to Coast  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.

Cancellations

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:

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.

Refunds

On-Payments

Coast to Coast  aims to on pay all monies owed to you within 5 (five) to (8) working days of receipt thereof. You agree to honour bookings processed by Coast to Coast prior to receipt of these funds.

Coast to Coast 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.

Coast to Coast reserves the right to offset any amounts owing to it against any payments due and payable by Coast to Coast  to you.

Please note that Coast to Coast  is reliant on their online banking service to pay you monies owed. Whilst Coast to Coast 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, Coast to Coast  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.

Taxes

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 Coast to Coast "s net income. In the event you are required to withhold any amounts towards payment of tax on payments made to Coast to Coast  under this Agreement (“Withholding Tax”), you shall deduct same from the amount and furnish all proof required by Coast to Coast  to enable Coast to Coast  to claim a credit from any relevant tax authorities. You shall hold Coast to Coast  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 and the services offered.

Coast to Coast  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 Coast to Coast  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 Coast to Coast  or as a result of any infringement of any third party rights.

Coast to Coast 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 Coast to Coast  to publish these reviews and acknowledge that Coast to Coast  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 Coast to Coast has correct bank details on record. Should you fail to provide us with your correct banking details, Coast to Coast  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, Coast to Coast must immediately be notified so that old account details can be removed. Coast to Coast 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.

Coast to Coast  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.

Quotation Errors

Please note that if you quote a customer incorrectly and the customer accepts this quotation you are required to honour the quotation.

Payment Tool

Should you make use of Coast to Coast s Payment Tool you undertake and agree that:

Chargebacks – Your Responsibility

Online payments processed by Coast to Coast 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, Coast to Coast  is obliged to pay the credit card transaction amount back to our merchant bank. You agree that Coast to Coast  can either set off this sum against future monies due and payable to you by Coast to Coast  or that you will refund to Coast to Coast  any amounts on-paid to you, which are subsequently charged back, within 3 (three) working days of being advised thereof.

Double Bookings and Failure to Honour Bookings

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.

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.

Coast to Coast 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. Coast to Coast 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 Coast to Coast within 1 (one) working day of your failure to honour any booking. Should such amount not be received timeously Coast to Coast  reserves the right to set off such amount against any sums owing to you by Coast to Coast , or held by Coast to Coast  on behalf of a customer in which event you undertake to utilise such deposit against further deposits required by customers booking through our website.

Coast to Coast  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 Coast to Coast will be negatively affected and you will move down on our search results.

No Shows

While Coast to Coast  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 Coast to Coast  specifically disclaims any liability or responsibility in this regard.

De-listing

Coast to Coast  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 Coast to Coast ’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 Coast to Coast  or third party intellectual property or severe or consistently negative reviews.

Should this happen you undertake to honour any bookings already made through the Coast to Coast  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 Coast to Coast .

In this regard you specifically indemnify Coast to Coast  from any and all damages you or Coast to Coast  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:

Service Delivery and Interruptions

Coast to Coast  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.

Coast to Coast  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 can not always guarantee this.

Breach

Should you be in breach of any provision of this agreement Coast to Coast  shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:

CPA Obligations

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 hereby indemnify Coast to Coast  unconditionally and irrevocably and agree to hold Coast to Coast  harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Coast to Coast  or instituted against Coast to Coast  as a result of (without limitation):

Disclaimer and Limitation of Liability

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

General

Amendments: Coast to Coast 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 Coast to Coast  in terms of any agreement between us at any time, shall be determined and proved by a certificate signed by one of Coast to Coast "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.

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