Terms & Conditions

1 DEFINITIONS

1.1 The terms "Host-Namibia", "ourselves", "our", "us" and "we" refer to the owner of the software whose physical address is 20 Heuningstreet, Jan Kempdorp, 8550, South Africa, and who is incorporated as African Sun Productions (Pty) Ltd 2013/155329/07.
1.2 The terms "you" and "your" refer to the person or entity listing accommodation using the Host-Namibia software.
1.3 "Party" and "parties" refer to both the "you" and "ourselves", or either "you" or "ourselves".
1.4 The term "customer" refers to a person who browses and/or books accommodation using the Host-Namibia software.
1.5 The term "quotation value" refers to the total amount paid or payable by a customer for an accommodation booking, but does not include any extra items or services purchased from the establishment during the customer's stay.
1.6 The terms "website" or 'site" refer to the Host-Namibia.com web site, other web sites powered by the Host-Namibia.com system (whether owned by Host-Namibia.com or another entity) on which details of your property are listed and/or hosted.
1.7 The term "listing" refers to any information that you have loaded into the Host-Namibia.com software for the purposes of marketing your website. One such instance of your listing is your published personalised webpage on the Host-Namibia.com site. "Listing" may refer to the information used for your personal page on the Host-Namibia.com site whether it has been published publicly or not, and including when it is displayed on another website or via another medium.
1.8 Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.


2 DISCLAIMER

2.1 The Host-Namibia software is owned and operated by Host-Namibia. All databases, information and systems are the property of Host-Namibia.
2.2 Neither Host-Namibia 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 Host-Namibia software or the services or content provided from and through the Host-Namibia website. Furthermore, Host-Namibia 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. You are encouraged to report any possible malfunctions and errors to info@Host-Namibia.com.
2.3 The Host-Namibia software is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with Host-Namibia that the service available from and through this software will meet your individual requirements and be compatible with your hardware and/or software.
2.4 The Host-Namibia software and website contain material which is owned by or licensed to Host-Namibia. This material includes, but is not limited to, the design, layout, look, appearance and graphics, and may be subject to copyright and/or other design or intellectual property rights. You may not copy, replicate or use such information, other than as agreed to between us and/or the right holder, or to the extent that such use is incidental to your use of the website.
2.5 You shall not post content to your listing that in any way breaches or infringes the copyright of any third party, whatsoever, and you hereby indemnify us against any and all claims by third parties in respect of any breach or alleged breach of intellectual property rights as a result of your listing or content you provided to us.
2.6 Unauthorised use of Host-Namibia software may give rise to a claim for damages by Host-Namibia and/or be a criminal offense.
2.7 Your use of this software and any dispute arising out of such use of the software is subject to the laws of South Africa.


3 YOUR LISTING

3.1 We reserve the right to withdraw or deny the listing of your accommodation via Host-Namibia's software. We also reserve the right to delete or edit any or all information supplied by you in our database. Furthermore, we shall not be liable for any damage, loss or liability of whatsoever nature arising from us withdrawing or denying the public listing of your accommodation on our website, or from any loss of information supplied by you.
3.2 You agree that Host-Namibia may publish guest comments/reviews on your accommodation listing and you further agree that Host-Namibia is not liable or responsible in any way for the verification or accuracy of any such guest comments published.
3.3 We shall not be liable for any direct or indirect loss or damage of whatsoever nature and howsoever arising as a result of any guest comments published on or in respect of your listing.
3.4 Host-Namibia may publish, on your establishment listing or anywhere else on the Host-Namibia website or on any medium powered by Host-Namibia software, hyperlinks to any other Internet addresses. These hyperlinks may have destinations that are internal or external to Host-Namibia's website. 
3.5 Host-Namibia continuously endeavours to tailor the search functionality on our site to best meet the customer's needs and Host-Namibia thus reserves the right to present accommodation options to customers in any order. Our criteria for ordering your listing in search results need not be transparent, and may be changed at any time without notice.
3.6 Your listing may be displayed alongside any other media and/or content, including banners and adverts for any product. You will not be entitled to any revenue that may be generated from said advertising.


4 CORRECTNESS OF INFORMATION

4.1 You hereby undertake to ensure that all of the information that you supply to Host-Namibia is correct and continuously updated, including, but not limited to, the description of your rates and the services offered. Host-Namibia shall not be liable for any damage, loss or liability of whatsoever nature arising from any misrepresentation by you.
4.2 In the event that you fail to keep your information current and updated, we reserve the right to suspend, remove or alter your listing to reflect the status of the information contained therein.
4.3 We reserve the right to alter your listing to be inline with best practices on the Host-Namibia software. We are not required to notify you of such change.
4.4 If you make use of a live booking (or similar) system such as NightsBridge's real-time booking software, Host-Namibia may assume that this data is always accurate and up-to-date. If an issue arises because of out of date or inaccurate information you agree to assume liability.


5 BANK DETAILS AND PASSWORDS

5.1 It is your responsibility to provide Host-Namibia with your correct bank details. Should a change in ownership or bank account take place, you must immediately notify Host-Namibia accordingly. Host-Namibia will not be held responsible for payments made into incorrect accounts if not notified timeously of the change.
5.2 You hereby undertake to keep secure any and all passwords that are required for your access to, or use of, Host-Namibia software. You will be legally bound by any action performed using the software by any person with access to your Host-Namibia account.
5.3 You hereby indemnify Host-Namibia for any damage, loss or liability of whatsoever nature arising from unauthorized access to the site.
5.4 You acknowledge that anybody with access to your email account will be able to access your Host-Namibia account. We will reasonably assume that you have granted said person access. You will therefore be legally bound by any action performed using the software by any person with access to your email account.


6 DELIVERY

6.1 When the customer makes an availability enquiry of the establishment, you are invited to send an electronic quotation to the customer. This quotation constitutes a legal offer by yourself, which can be accepted or declined by the customer. The offer is accepted when payment by a customer is made to Host-Namibia by credit card, electronic funds transfer, some other payment method or when Host-Namibia receives proof of such payment. Your offer has an expiry date specified by you and it is thus open for acceptance by the customer during the period prior to the expiry date. Acceptance by the customer prior to the offer expiring constitutes a binding contract between you and the customer.
6.2 Host-Namibia will notify you via email after your offer is accepted by a customer. It is your responsibility to ensure that all emails from "Host-Namibia.com" are whitelisted (i.e. will not go into the "junk" folder) by your email software.
6.3 Customer payment is made of either the deposit requested by you in your electronic quote or the full amount quoted to the customer.
6.4 Delivery on the part of yourself takes place when the customer has physically taken up the accommodation reserved.
6.5 Host-Namibia may offer the customer additional services in connection with your accommodation offer. These services may come at a fee to the customer and will be charged by Host-Namibia to the customer directly. You will have no claim over any such fees paid to Host-Namibia for additional services.


7 COMMISSION

7.1 You agree to pay commission on any bookings made by customers who are introduced to you by Host-Namibia or via Host-Namibia software or the Host-Namibia website.
7.2 We retain a non-refundable booking commission of 15% (VAT exclusive) on the VAT exclusive quotation value for facilitating the booking. If any amount other than 15% is agreed upon, this should be done so in writing or using the Host-Namibia software.
7.3 VAT will be added onto the stated commission.
7.4 Host-Namibia pays for all payment processing and on-payment charges pertaining to the initial customer deposit.
7.5 The customer will NOT be liable to pay any amount in addition to the amount specified in the quotation, except for extra items or services purchased from the establishment or from Host-Namibia directly. However, by making a booking on the Host-Namibia website, the customer has acknowledged that Host-Namibia is entitled to retain the commission in the event of a booking cancellation. In addition, in the event that you retain a deposit payment, then under no circumstances shall Host-Namibia be held liable for repayment thereof.
7.6 Host-Namibia will calculate the commission based on the total quotation value, and will issue you an invoice for said commission. You can download this invoice at the end of the month by using the Host-Namibia software. Host-Namibia reserves the right to deduct the commission amount, including VAT, from the deposit received from the customer. The balance of the deposit will be on-payed to you.
7.7 A minimum commission of R15.00 (VAT exclusive) shall apply.
7.8 You hereby agree that you shall not bypass the Host-Namibia booking process when engaging with any customer introduced to you by the Host-Namibia software. Any communications between you and any prospective customers using the Host-Namibia software must be conducted via the software until the customer has paid the deposit to Host-Namibia. If this process is bypassed you will be liable to pay over to us the equivalent of the commission that we would have earned and to transfer such payment to us immediately upon receipt of an invoice.


8 PAYMENTS

8.1 You appoint Host-Namibia as agent to receive payment on your behalf with respect to any bookings using Host-Namibia software. In such matters you agree to accept as paid any amount that Host-Namibia reports to have received.
8.2 Host-Namibia will on-pay all monies owed to you within three working days of receipt thereof. You hereby agree to honour bookings processed by Host-Namibia prior to receipt of these funds.
8.3 You agree that on occasion certain on-payments from us to you may be delayed due to unforeseen circumstances, including high usage periods that may render online banking services unusable.


9 RESERVATIONS

9.1 Should a customer accept an offer made by you before the expiry date, and you subsequently either refuse to honour the booking or subsequently cancel the booking for any reason, irrespective of whether you have received payment from us or not, you will be deemed to be in breach of the offer made, and you hereby agree that:
9.1.1 If you are in breach as defined in clause 9.1, the customer may choose to demand a full refund, irrespective of your "cancellation policy". You will then be liable to the customer for the full amount paid by the customer for the booking, including VAT and our commission. This amount is immediately payable to Host-Namibia so that the refund can be made to the credit card that was used for the original payment. We retain our right to invoice you for the commission on the full.
9.1.2 If you are in breach as defined in clause 9.1, provided the customer did not demand a refund, Host-Namibia may choose to assist the customer in finding a replacement booking. We reserve the right to make an alternative booking for the customer and you will forfeit any deposit for the cancelled booking. In addition, you will be liable for the difference between the quotation value of the cancelled booking and the quotation value of the alternative booking, to the extent that the customer refuses to pay same.
9.2 Risk of loss passes from Host-Namibia to you upon your electronic confirmation of receipt of a reservation, including but not limited to fraudulent transactions whether by credit card, electronic funds transfer, proof of payment or otherwise.


10 CANCELLATIONS AND REFUNDS

10.1 The text that you save in the cancellation policy text"box when offering a booking will be considered your cancellation policy for that booking.
10.2 In the event that a customer cancels a booking we reserve our right to retain our commission on the booking, and your cancellation policy will apply to the balance of the deposit paid by the customer. You will be liable to the customer for the refund amount specified in your cancellation policy. As a deterrent to fraud by customers, any amount refundable should be transferred to Host-Namibia immediately after notification of the cancellation so that, in the case where the deposit was paid by credit card, the refund can be made to the credit card that was used for the original payment.
10.3 In the event that a cancellation occurs before we have paid you the amount due to you for the cancelled booking we may settle the refund on your behalf. In this case, the refunded amount will offset any monies owed to you.


11 FRAUDULENT TRANSACTIONS

11.1 You acknowledge that in the event of a fraudulent credit card payment, bank deposit, proof of payment or reversal of the payment to Host-Namibia for any reason by the bank or any other agency, Host-Namibia's responsibility is limited to the repayment of any commissions it has received in respect of the booking and you are responsible for the repayment of any payment you have received in respect of the booking, irrespective of your cancellation policy. This amount should be refunded to us immediately on notification by us to you that the payment has been reversed out of our bank account.


12 USE OF INFORMATION

12.1 Employees of Host-Namibia and any associated companies using Host-Namibia software may use any and all information collected from you.
12.2 We reserve the right to publicly display or use any or all information directly or indirectly supplied by you relating to your establishment or listing. 
12.3 We shall not be liable for any damage, loss or liability of whatsoever nature arising from any unintentional misuse of any supplied information.


13 SERVICE INTERRUPTIONS

13.1 We undertake to maintain the Host-Namibia software including the listing service, reservation service and the technology supporting it, but we shall not be liable for any damage, loss or liability of whatsoever nature arising from any defects that may be found to exist, or may occur from time to time, in Host-Namibia software.
13.2 We shall not be liable for any direct or indirect loss or damage suffered whatsoever as a result of "hacking" of the Site, planned or unplanned outages or the actions of service providers, including Telkom and all relevant hosting and equipment providers. You hereby indemnify and hold us harmless in respect of any claim arising from any "hacking" or other outage of service.


14 INDEMNITY

14.1 Save as otherwise provided herein, we shall not be liable to you for any direct or indirect loss or damage that you may suffer as a result of the use of Host-Namibia software and your listing therein by any party, whatsoever and howsoever arising.
14.2 You hereby indemnify us against any claim for loss or damage arising as a result of your listing, whether instituted against us directly or against you and us, insofar as it relates to your establishment, the content on your listing or the links on your listing.


15 LIMITATION OF LIABILITY

15.1 In the event that, notwithstanding the remaining provisions of this agreement we are liable to you for any damages, such liability shall be limited to a maximum of the commission that you paid to us.


16 CANCELATION OF THIS AGREEMENT

16.1 Host-Namibia may, in its sole discretion, de-list your establishment at any time without notice.
16.2 You do not have an explicit or implicit right to be listed on the Host-Namibia system. This is irrespective of any prior relationship, time period of listing, number of clients referred, payments made, potential effect on your business or any other factor.
16.3 You will have no recourse against Host-Namibia or any party for being de-listed.
16.4 Host-Namibia need provide no reason for de-listing your establishment.
16.5 Correspondingly, you may de-list your establishment from the Host-Namibia system at any time without notice.
16.6 Upon de-listing, certain rights and obligations will persist including:
16.6.1 Rights and obligations of all parties under the terms of this agreement for any bookings/enquiries already initiated.
16.6.2 The right for Host-Namibia to use your name, images and other information for any material that may already have been designed or advertising space that may already have been purchased.
16.6.3 Rights of any customers already introduced via the Host-Namibia software.


17 RIGHTS TO YOUR INFORMATION

17.1 You grant Host-Namibia the right to use your establishment's information, including but not limited to your establishment name, descriptions and images, to promote any of the following:
17.1.1 Your establishment
17.1.2 Your region or country
17.1.3 The Host-Namibia system or website
17.1.4 An affiliated website or system
17.2 This information may be used in any media, including but not limited to social media, print and television without notice.


18 AFFILIATE PARTNERSHIPS

18.1 Host-Namibia may, from time to time, partner with other websites, apps or companies for purposes including, but not limited to, further promoting properties listed on the Host-Namibia system.
18.2 Host-Namibia may, at its sole discretion, extend all rights granted to it to said partners.
18.3 Host-Namibia is under no obligation to inform you of any partnerships that may be entered into, or to inform you of any listing of your information with a partner, or to specifically note which enquiries or bookings were introduced by a partner.
18.4 Host-Namibia will not be liable to you for the actions of affiliate partners, including in respect to their use of your listing information.


19 CHANGE OF AGREEMENT

19.1 This agreement or any part thereof may at any time be changed after a 48 hour notice period commencing from such time as Host-Namibia emails you at your supplied email address with a copy of the new agreement. After said notice period you are deemed to have consented to the new agreement and will thereafter be contractually bound to said agreement, unless you have actively delisted your accommodation from Host-Namibia software before expiration of said notice period. 

Booking Terms and Conditions - South African Establishments
Company information:
This agreement sets out the booking terms and conditions pertaining to the website available at http://www.Host-Namibia.com ("the Host-Namibia.com website" or "this website") owned and operated by African Sun Productions (Pty) Ltd. based in South Africa trading as Host-Namibia.com (registration number 2013/076256/07) (hereinafter referred to as "Host-Namibia.com") with members Martin Müller and Alfred Ryno Müller.


Acceptance of this agreement:
This agreement is valid, binding and enforceable against all persons who access this website or any part thereof. Please read this agreement carefully as by using this website you will be taken to have agreed to be bound by it. If you do not agree to be bound by the provisions of this agreement, you must leave the Host-Namibia.com website immediately as further use will automatically bind you to this agreement notwithstanding any disagreements by you to the terms of this policy.
Detailed description of goods and/or services:
Host-Namibia.com is a business in the Namibian tourism industry that markets accommodation and activities online.


Delivery policy:
Subject to receipt of payment, requests for accommodation will be processed within one hour of receipt thereof and confirmed by way of an email to you containing a booking ID.


Cancellation and Refunds policy:


•    Each accommodation establishment on the Host-Namibia.com website has its own cancellation policy. This policy shall be viewable by you during the reservation process, and is legally binding.
•    On receipt of a written instruction from you to cancel a reservation, any amount owed to you by the accommodation establishment in question, in terms of its cancellation policy, will be paid to Host-Namibia.com, where-after we shall on-pay the received refund to you within 3 working days after our receipt thereof. Late cancellations will be subject to the terms and conditions of the relevant accommodation establishment's cancellation policy and Host-Namibia.com shall not be obliged to make any payments to you in the event that you are not entitled to a refund in terms of the terms and conditions of the relevant accommodation establishment's cancellation policy.
•    Refunded payments are subject to an 8% handling fee on the deposit amount, which may be retained by Host-Namibia.com, subject to a minimum charge of N$25.00.
•    If a SWIFT transfer is necessary this will carry an additional N$180.00 charge by Host-Namibia.com.


Double Bookings:
In the event that an accommodation establishment accepts more than one booking reservation for the same space of accommodation over the same period of time, and at least one of these reservations is booked through Host-Namibia.com, the accommodation establishment will be in breach of contract with Host-Namibia.com. In such an event, the accommodation establishment is required in terms of the contract between Host-Namibia.com and the accommodation establishment to offer suitable alternative accommodation to you. If the accommodation establishment fails to do so, then Host-Namibia.com will do so on its behalf, or refund you in full. The aforesaid contract between Host-Namibia.com and the accommodation establishment stipulates that the relevant accommodation establishment shall be liable for a severe penalty where it accepts more than one booking reservation for the same space of accommodation over the same period of time. These penalties are significant enough to ensure that such breach of contract by accommodation establishments does not occur regularly.
Payment options accepted:
Payment may be made via Visa or MasterCard credit cards, American Express or Instant EFT.


Credit card acquiring and security:
Save as otherwise provided for in this agreement, the rules, processes and procedures of Peach payments (Pty) Ltd and the relevant paying bank, clearing bank and card association shall apply to all payments and transactions concluded on this website and your rights and obligations in respect of payments due to or by you shall be governed accordingly. We take all possible measures to ensure that payment with a credit card on the Host-Namibia.com website is secure. The primary measures taken to ensure this security are as follows:
•    Credit card transactions will be acquired for Host-Namibia.com via Peach payments (Pty) Ltd who are the approved payment gateway for Nedbank of South Africa.
•    We do not store any credit card details on our system. We simply forward the credit card details to Peach payments (Pty) Ltd who authorize the transaction, without storing them in our system. For more detail on Peach payments refer to www.peachpayments.com.
•    Host-Namibia.com and Peach Payments (Pty) Ltd use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). No credit card details will ever be sent via un-secure methods such as email. Please refer to www.peachpayments.com to view their security certificate and security policy.
•    In the event that you suffer loss, damage or liability notwithstanding Host-Namibia.com adhering to the above primary measures, you hereby indemnify and hold Host-Namibia.com harmless for any loss, damage or liability of whatsoever nature arising from payments and transactions concluded on this website.


Merchant Outlet country and transaction currency:
The merchant outlet country at the time of presenting payment options to the cardholder is Namibia. Transaction Currency is Namibian Dollar (NAD).


Country of domicile:
This website is governed by the laws of Namibia and Host-Namibia.com chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Variation:
Host-Namibia.com reserves the right, in its sole discretion, to vary this agreement or any part thereof at any time without prior notice or justification. Any such changes will be posted on this page. You are encouraged to review this agreement at the inception of each session, as you will be deemed to have accepted any such changes (which shall come into effect once posted on this website) if you continue to use this website after they have been posted.
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