Terms and Conditions

terms and conditions-happy-holiday-homes

Terms and Conditions of booking self-catering accommodation with Happy Holiday Homes cc.

Payment

Payment of the booking deposit constitutes acceptance of these Terms and Conditions. Should you wish to confirm this booking, please ensure that the deposit is in our account before the due date to avoid cancellation? Please be advised that 50% of the total quote or R700.00, whichever is the greater is required for all bookings.

Failure to pay deposit by the stipulated date will result in cancellation of the provisional booking and Happy Holiday Homes will retain the right to re-hire it to another client.

Please quote your booking code on your deposit slip whenever you make a deposit.

Only electronic payments or direct bank deposits – REGRETFULLY NO CHEQUE DEPOSITS ACCEPTED.

Please ensure that your account is settled in full at least one week, (One month for Easter and December bookings), before the date of arrival. NO KEYS WILL BE RELEASED WITHOUT FULL & FINAL PAYMENT.

Breakage deposit

A breakage deposit of R500.00, R1000.00 or R2000.00 per booking will be retained in trust.  The deposit will be refunded approximately two to three weeks after your departure but may take 4 weeks during holiday periods, less any deductions necessary. You will receive the deposit through a bank transfer to the bank account that you stipulate on your breakage deposit form that is supplied in your arrivals envelope.

Inventories must be checked by the tenant upon arrival, and any discrepancies must be reported within 12 hours of arrival to the Happy Holiday Homes office. If no shortages or damages are reported, the contents of the units will be regarded as correct and the tenants will be held responsible for any shortages or breakages incurred as per Terms and Conditions.

Please note that the unit is only inspected after the client has vacated the premises. On departure tenants are required to leave the unit in a clean and tidy state, if not, a cleaning fee of R180.00 will be charged and deducted from the breakage deposit.

Conditions of lease

The premises are let to you for holiday purposes ONLY and only for the period stated on the receipt. NO weddings, parties, or large gatherings are allowed. The number of people occupying the premises must not exceed the number of people that were initially booked and/or had beds provided for (Children inclusive), and only one car unless otherwise stated by management. Tenants will not be allowed to enter and or occupy the unit where their numbers exceed agreed upon and or discussed maximum tenants per unit. 100% of breakage deposit will be retained in such an instance as a penalty fee and you may forfeit your payments should alternative accommodation not be available with Happy Holiday Homes.

Tenants and their visitors must abide by our terms and the rules and Terms and Conditions of the Body Corporate of the Complex in which they stay, as the Body Corporate may request eviction of Tenants or their guests who do not comply, resulting loss of your breakage deposit, admin fee and full payment for your stay.

Pets

No pets are allowed.

Television and DSTV

For all bookings unless specified, PLEASE BRING YOUR OWN DSTV DECODER, CABLES & SMART CARD, towels, black bags, coat hangers, toilet paper and cleaning materials. All bed linen is provided except for sleeper couches.

Arrival and departure

Arrival time is from 2:30pm and departure is 9:30am.

Office hours

Our office hours are from 08:00 to 16:00 Mon to Fri. 09:00 – 12:00 Sat.

Terms and Conditions of Cancellation

Failure to cancel a reservation 60 days before the due date is deemed as acceptance and all monies received will only be refunded should we find an alternative tenant for the full period. The administration fee paid will be forfeit for all bookings cancelled. If the unit that you have booked is suddenly not available due to it being sold or some other disaster, every effort will be made to transfer your booking to another suitable apartment, or to refund the deposit to you without prejudice.

Accommodation recommendations

Any reasonable recommendations will be forwarded to the owner, who has a right to decide on the standard and accessories.

Happy Holiday Homes and the owner of the unit, accepts no responsibility for any Death, Injury, Loss, Damage or Theft, during your stay where death, injury, loss, damage or theft results due to misuse, abuse and or negligence on the side of or by the tenant. This will include failure by the tenant to make use of provided security/alarms and safes.

WEBSITE TERMS OF USE

These Terms (“Terms”) govern your (“User”) use of Happy Holiday Homes cc Reg No. 2005/081094/23 (“Provider”) website located at the domain name: https://www.happyholidays.co.za/ (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute any content obtained from the Website.

  1. UPDATING OF THESE TERMS

Provider may change, modify, add to or remove from portions or the whole of these Terms.    Changes to these Terms will become effective when the changes are posted on the Website. Provider will notify the User of the changes via email or by posting a prominent notice on the Website. The User’s continued use of the Website following the posting of changes or updates will be considered notice of the User’s acceptance of the Terms, including any changes or updates.

  1. COMPLAINTS AND DISPUTES

Users can file complaints via the “Contact us” service of the Website. Currently, Provider does not subscribe to any alternative dispute resolution code or mechanism.

4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

  • Provider provides certain information on the Website. Content displayed on the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content              (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.
  • The Providers may make any changes to the Website, the Content, or to products or services offered through the Website at any time and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in the Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
  1. LIMITATION OF LIABILITY:
  • Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider, Owners, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an internet link.
  • Not any of the Content, including articles published pertaining to specific aspects of the law must be construed as legal advice in respect of such aspect or any other aspect of the law.     Users which choose to act in accordance with the contents of the website, including any article published thereon, completely does so on his or her own risk. Not the Provider, Owners, suppliers, employees, directors, partners, affiliates nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User.
  • Neither Provider nor any holding company, affiliate, agent, subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.
  1. PRIVACY, ACCESS TO AND USE OF INFORMATION

Provider receives various types of information (“Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).

  • Provider may electronically collect, store and use Personal Information, inter alia name, contact details, surfing patterns, email, IP address of the User. Provider voluntarily subscribes to section 51 of ECTA and endeavours to treat Personal Information received by Provider accordingly.
  • Whenever the User is of the opinion that Provider fails to comply with section 51 of ECTA, the User will contact Provider by sending an email relax@happyholidays.co.za. The Provider will review the User’s representations made by email and, if within the Provider’s sole and absolute discretion advisable, take corrective action and in any event within 7 (SEVEN) days respond to User informing about corrective actions taken, if any.
  1. INTERCEPTION OF COMMUNICATIONS.
  • Despite such undertaking, it is possible for internet-based communications to be intercepted.
  • Without the use of encryption, the internet is not a secure medium and privacy cannot be Internet e-mail is vulnerable to interception and forging.
  • The Owners will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or disclosed information that the User make to the Owners or Provider through the internet, or that the User expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
  • To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
  1. PRIVACY – CASUAL SURFING
  • The User may visit the Website without providing any personal information.
  • The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
  • This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
  • Provider uses this information to determine use of the Website, and to improve Content.
  • Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.

9. PRIVACY – PROMOTIONAL INFORMATION

Provider aspires to provide first-class service to its customers, which requires Provider providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to relax@happyholidays.co.za

  1. PRIVACY- INTERCEPTION

Subject to the Regulation of Interception of Communications Act Act 70 of 2002 (“RICA”), the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.

  1. CHOICE OF LAW
  • This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa.
  • The Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of any competent South African Court in the event of any dispute.
  • If any of the provisions of the Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.
  • The Terms constitute the entire agreement between the Provider and the User with regard to the use of the Content and the Website.
  1. CONTACT DETAILS

In the event that you need to contact Provider for purposes related to the Terms, kindly use the contact details on our “contact us” page.

This Website was most recently updated 23 January 2019.

 

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