Table of Contents
In these Terms and Conditions, unless the context clearly indicates otherwise the following words and expressions bear the meanings assigned to them and similar expressions bear corresponding meanings:
1.1 “Accommodation” means the various different products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Accommodation Provider;
1.2 “Accommodation Provider” means the provider of accommodation and any other related product or service as from time to time available for Accommodation Reservation on the Platform;
1.3 “Accommodation Reservation” means the order, purchase, payment, booking or reservation of Accommodation;
1.4 “Accommodation Service” means the online purchase, order, facilitated payment or reservation service as offered or enabled by All Out Bookings in respect of various products and services as from time to time made available by Accommodation Providers on the Platform;
1.5 “All Out Bookings”, “us”, “we” or “our” means All Out Bookings (Pty) Ltd, a private company incorporated and registered under the laws of South Africa, with company registration number 2018/336649/07 and having its registered address at 95 Emily Hobhouse Street, Pretoria North, Pretoria, Gauteng, Republic of South Africa;
1.6 “Platform” means the website and application on which the Accommodation is made available, controlled, managed, maintained and/or hosted by All Out Bookings; and
1.7 “Terms and Conditions” means these terms and conditions, as may be amended from time to time.
2. Introduction
2.1 The terms and conditions set out herein govern and regulate the use of this website. Any usage of this website, for whatever purpose, shall be in in strict adherence to these terms and conditions without any leniency extended in terms thereof.
2.2 We do hereby agree to provide our personal information to All Out Bookings and any of their Accommodation Providers on the express understanding that:
2.2.1. This constitutes our consent as required under Section 11(1)(a) of the Protection of Personal Information Act, Act 4 of 2013 (“POPIA”).
2.2.2. The professional and administration staff as well as the staff of any of our approved Accommodation Providers are hereby authorised to release your personal information to Statutory Bodies required to do so, or any clients of All Out Bookings or their affiliated partners / clients.
2.2.3. The personal data will only be used as stated in this document.
2.2.4. Should the above mentioned not be completed you will not be able to proceed with the said booking.
3. Use of website and its contents
3.1 This website may only be accessed or used to browse the content, to download data from the download page earmarked for download from this website and for users of this website to make legitimate reservations and payments by email or any other device able to access this website.
3.2 These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by All Out Bookings and are provided for your personal, non-commercial use only, subject to the Terms and Conditions. The relationships that we have with the Accommodation Providers are governed by separate agreements which govern the commercial relationship we have with each of these Accommodation Providers. Each Accommodation Provider acts in a professional manner vis-à-vis All Out Bookings when making its product and/or service available on or through the Platform and/or All Out Bookings.
3.3 All Out Bookings is an online reservation service for Accommodation Providers only and is neither an employee nor agent of any Accommodation Provider nor did all out bookings enter into any joint venture or partnership with any of the Accommodation Providers and may therefore not be defined or held liable as employee, agent or partner of any Accommodation Provider.
3.4 Please note that Accommodation Providers may have, declared applicable and/or require acceptance of (in addition to the policies and/or terms and conditions as disclosed on the Platform) their own terms and conditions and rules for the use, access and consummation of the Accommodation, which may include certain disclaimers and limitations of liability. It is incumbent on and the responsibility of the user to ascertain the terms of conditions of the Accommodation Provider as appear on the Accommodation Provider’s website, Head Office, brochures, or any other relevant documentation in respect thereof.
3.5 This website shall not be used for any other purpose whatsoever, including but not limited to:
3.5.1
the making of fraudulent reservations and payments on this website;
3.5.2 to copy, reproduce, republish, upload, transmit,
distribute, post on any third party site or otherwise violate the content of
this website;
3.5.3 to conduct any systematic or automated data collection
activities, including without limitation scraping, data mining, data
extraction, data harvesting, embedding, deep-linking or use any other analogue
technology in respect of this website;
3.5.4 to sell, rent or sub license material from this
website;
3.5.5 use that causes, or may cause, damage to this website
or impairment of the availability or accessibility of this website;
3.5.6 use that, in any way, is unlawful, illegal, fraudulent
or harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity;
3.5.7 copy, store, host, transmit, send, use, publish,
deep-link or distribute any material which consists of or is linked to any
spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit or
other malicious computer software.
3.5.8 to send or transmit unsolicited commercial
communications; and/or
3.5.9 to exploit the material on this website for commercial
purposes.
3.6 Any usage of this website, for whatever purpose, shall be in in strict adherence to this terms and conditions without any leniency to be extended by All Out Bookings in terms hereof. Any unauthorized use of this website and/or the content thereof is a violation of the applicable copyright, trademarks and/or other intellectual property of All Out Bookings and may be in violation of the intellectual property laws or other laws applicable in the Republic of South Africa.
3.7 The user, by using this website, accepts these terms and conditions in full. Any user not accepting these terms and conditions shall refrain from using this website for any purpose whatsoever.
3.8 Use of this website is strictly forbidden where these terms and conditions are not protected and/or upheld by any laws in respect of anything herein contained, any change or applicability of the laws of the Republic of South Africa to be specifically excluded from this clause.
3.9 All Out Bookings may modify or withdraw, temporarily or permanently, this website or any part thereof,with or without notice and shall not be held liable by the user or any third party for any modification to or withdrawal of this website.
3.10 All Out Bookings reserves the right to change these terms and conditions of use from time to time and the user acknowledges that the user’s continued use of this website following such change shall be deemed to be an acceptance by the user of such change. It is the sole responsibility of the user to regularly determine whether the terms and conditions have been changed.
4. Scope and nature of our service
4.1 We provide an online platform through which Accommodation Providers can advertise, market, sell, promote and/or offer, as applicable, their products and service for order, purchase, reservation, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment. By using or utilizing the Accommodation Service, you enter into a direct and legally binding contractual relationship with the Accommodation Provider with which you make a reservation or purchase a product or service. From the point at which you make your Accommodation Reservation, we act solely as an intermediary platform between you and the Accommodation Provider, transmitting the relevant details of your Accommodation Reservation to the relevant Accommodation Provider and sending you a confirmation email for and on behalf of the Accommodation Provider. All Out Bookings does not as agent to sell, rent out, or offer any product or service.
4.2 When rendering the use of our platform, the information that we disclose is based on the information provided to us by Accommodation Providers. As such, the Accommodation Providers that market and promote their Accommodation on the Platform are given access to our systems and they are fully responsible for updating all rates/fees/prices, availability, policies and conditions and other relevant information which is displayed on our Platform. All Out Bookings provide no guarantee in any way whatsoever that, any or all information is accurate, complete or correct, and will not be held responsible for any erroneous, misleading, inaccurate, or fraudulent information or representations, any interruptions of our Platform, or the non-delivery of or updated of information.
4.3 Each Accommodation Provider remains responsible at all times for the accuracy, completeness and correctness of the information, including the rates, fees, prices, services, policies and conditions and availability displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality of services or qualification or rating of any Accommodation Provider or its facilities, products promotions and/or services.
5 Disclaimer
5.1 The material on this website, any amendment, variation or chance thereto and products marketed thereon is provided as is without any warranty, express or implied, of whatsoever nature to the maximum extent permitted by applicable law.
5.2 No warranty is extended in respect of the use of this website for any purpose, merchantability, safeguards against infringement or any other aspect pertaining to this website.
5.3 No warranty, guarantee or representation made in respect of the safety, reliability, accuracy, correctness or completeness of this website is extended.
5.4 Neither All Out Bookings, nor the owner of this website, nor the authors of this website or any content therein nor in general anybody connected to this website, shall assume any responsibility or liability for any loss of whatsoever nature, including but not limited to damages be it direct or indirect, general or special, incidental or consequential which may result from the use, misuse or abuse of this website, or for errors or omissions in the contents of the website even where the above persons or entities had full knowledge of such defect and did not act thereon be such omission intentional or negligent.
6. Intellectual property
All Out Bookings own the intellectual property rights in this website and material on this website and no permission is granted by All Out Bookings to utilize such by any user or third party in contravention of this clause. All intellectual property rights are reserved.
7. Restricted access
7.1 All Out Bookings reserves the right to restrict access to certain areas of this website or the whole website in its sole discretion.
7.2 In the event a user or Accommodation Provider is provided with a user ID and password to enable access to restricted areas of this website or other content or services, the user or Accommodation Provider shall ensure that the user ID and password is kept confidential and shall not use any other person’s user ID and password to access this website. The user shall notify All Out Bookings in writing immediately if the user becomes aware of any unauthorized use of the user’s account or password.
7.3 The user shall be responsible for any activity on this website arising out of any failure to keep the password confidential and may be held liable for any losses arising out of such a failure.
7.4 All Out Bookings (Pty) Ltd South Africa may disable a user ID and password in its sole discretion without notice or explanation where the user acts in contravention of anything contained in these terms and conditions.
8. Content submitted by User
8.1 Content submitted by a user means material including without limitation text, images, audio material, video material and audio-visual material that a user submit to this website, for purposes of marketing or publication.
8.2 The user grants to All Out Bookings a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, edit, adapt, publish, translate, distribute and/or remove such user content in any existing or future media. The user also grants to All Out Bookings the right to sub-license these rights, and the right to bring an action for infringement of these rights.
8.3 The user warrants and represents that the content submitted by the user shall comply with these terms and conditions of use and that such content:
8.3.1 is not illegal or unlawful;
8.3.2 is not libellous or maliciously false;
8.3.3 is not obscene or indecent;
8.3.4 does not infringe any third party’s legal rights;
8.3.5 does not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
8.3.6 does not infringe any right of confidence, right of privacy, or right under data protection legislation;
8.3.7 does not constitute negligent advice or contain any negligent statement;
8.3.8 does not constitute an incitement to commit a crime;
8.3.9 is not in contempt of any court, or in breach of any court order;
8.3.10 is not in breach of racial or religious hatred or discrimination legislation;
8.3.11 is not in breach of official secrets legislation;
8.3.12 is not in breach of any contractual obligation owed to any person;
8.3.13 does not depict violence in an explicit, graphic or gratuitous manner;
8.3.14 is not pornographic or sexually explicit;
8.3.15 is not untrue, false, inaccurate or misleading;
8.3.16 does not consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
8.3.17 does not constitute spam;
8.3.18 is not offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory;
8.3.19 does not cause annoyance, inconvenience or needless anxiety to any person; or
8.3.20 is not capable of giving rise to legal action whether against a user, All Out Bookings or a third party.
8.4 All Out Bookings does not undertake to monitor the submission of such content to, or the publication of such content on this website.
9. Cookies and third party links
9.1 This website may use cookie and tracking technology to gather information on operating systems, browser types, the number of website users and the utilization of this website by users.
9.2 No personal information of users of this website shall be solicited by way of cookie or tracking technology accept where the user’s personal information was previously linked with cookie and tracking technology in which All Out Bookings has no control over and shall not be held liable for the sharing of user information with third parties. Information gathered through cookie and tracking technology, other than a user’s personal information, may be shared with third parties.
9.3 Hyperlinks to other third party websites may be provided on this website. Such hyperlinks shall not be construed as a recommendation of such websites by All Out Bookings. All Out Bookings shall not be responsible for the availability of such external sites or resources, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites whatsoever.
10. Privacy statement
10.1 All Out Bookings is committed to the protection of every user’s privacy of information submitted to this website and all webpages directly related thereto. This privacy statement therefore provides information about the use and dealing with personal information so submitted by the user and collected by All Out Bookings.
10.2 All Out Bookings may collect and use the following kinds of personal information:
10.2.1 All the information gathered in the online forms, or otherwise, on this website to personally identify users that subscribe to or utilise this service;
10.2.2 All information about transactions on this website concluded between the user and All Out Bookings be it directly between the user and All Out Bookings South Africa or where the user transact with an Accommodation Provider;
10.2.3 All clientele information, personal or otherwise, submitted by a user; and/or
10.2.4 Any other information submitted by a user All Out Bookings.
10.3 This website may in addition collect certain information about a user’s visits, such as the name of the Internet service provider and the Internet Protocol (IP) address through which the user accessed the Internet; the date and time the user accessed the website; the pages that the user accessed while at this website and the Internet address of the website from which the user linked directly to this website and/or all web-pages directly related thereto. This information is used to help improve this website, analyze trends, and administer this website.
10.4 All Out Bookings may use a user’s personal information to:
10.4.1 administer this website;
10.4.2 better personalize the website for use by users;
10.4.3 enable the user’s access to and use of this website’s services;
10.4.4 publish information about the user on this website;
10.4.5 send to the user or his/her/its clientele products purchased by or through the user;
10.4.6 send statements and invoices to the user if applicable; and
10.4.7 send marketing communications to the user.
10.5 Where All Out Bookings discloses the user’s personal information to its employees or Accommodation Providers for the above purposes, the employee or Accommodation Provider in question will be obligated to use that personal information in accordance with the terms of these terms and conditions of use.
10.6 In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, All Out Bookings may disclose a user’s personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
10.7 The information will not be used for anything other than which is stated above in accordance with the terms and conditions of use of this website. None of the abovementioned personal information will be sold or made available to or at remuneration to third parties.
10.8 All Out Bookings will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of a user’s personal information.
10.9 All user data is stored on secure servers and all information relating to electronic transactions entered into via this website is protected by encryption technology.
10.10 Information that All Out Bookings collects may be stored and processed in and transferred between any of the countries in which All Out Bookings operate to enable the use of the information in accordance with these terms and conditions of use.
10.11 All personal information submitted by a user for publication on this website may be published, in the discretion of All Out Bookings, on this website and may be available around the world.
10.12 By using this website, a user signifies his/her/its acceptance of these terms and conditions of use. If a user does not agree to these terms and conditions of use, please do not use this website. A user’s continued use of the website following the posting of changes to these terms will mean that he/she/it accept those changes.
10.13 All Out Bookings is not responsible for the privacy policies or practices and/or terms and conditions of use of any third party linked to this website or otherwise.
10.14 Any inquiries in respect of this privacy policy or treatment of your personal information should be addressed in writing to:
ALL OUT BOOKINGS (PTY) LTD
95 Emily Hobhouse Street
Pretoria North
Pretoria
Gauteng
Republic of South Africa
11. Pre-payment, cancellation, no-show and fine print
11.1 By making an Accommodation Reservation with an Accommodation Provider, you accept and agree to the relevant cancellation and no-show policy of that Accommodation Provider, and to any additional terms and conditions of the Accommodation Provider that may apply to your Accommodation and/or Accommodation Reservation. The relevant terms and conditions of an Accommodation Provider can be obtained from the relevant Accommodation Provider. The general cancellation and no-show policy of each Accommodation Provider is made available on our Platform on the Accommodation Provider information pages, during the reservation procedure and in the confirmation email. Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Please note that an Accommodation Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) if the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Accommodation Provider and the Accommodation Reservation. Cancellation and prepayment policies may vary per segment, product or service of each Accommodation Provider. You must carefully read the Accommodation Provider’s terms and conditions and important information in your reservation confirmation for additional policies as may be applied by the Accommodation Provider. Late payment, incorrect payment details, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Accommodation Provider agrees or allows otherwise under its payment/prepayment and cancellation policy.
11.2 If you wish to review, adjust or cancel your Accommodation Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Accommodation Provider's cancellation, payment/prepayment and no-show policy or not be entitled to any repayment of any paid/prepaid amount. We recommend that you read the cancellation, payment/prepayment and no-show policy of the Accommodation Provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
11.3 If you have a late arrival on the check-in date or only arrive the next day, make sure to timely/promptly communicate this late or next day arrival to the Accommodation Provider so that they know when to expect you and to avoid cancellation of your Accommodation Reservation or charge of the no-show fee. All Out Bookings does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Accommodation Provider.
12. Further correspondence and communication
12.1 By completing an Accommodation Reservation, you agree to receive:
12.1.1 an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers, including third party offers to the extent that you have actively opted in for this information, relevant to your Accommodation Reservation and destination;
12.1.2 an email which we may send you after arrival to rate the experience with your Accommodation Provider and the Accommodation Service, and
12.1.3 an email which we may send you promptly after your stay inviting you to complete our guest review form.
12.2 All Out Bookings disclaims any liability or responsibility for any communication by or with the Accommodation Provider. You cannot derive any rights from any request to, or communication with the Accommodation Provider or acknowledgement of receipt of any communication or request. All Out Bookings cannot guarantee that any request or communication will be duly and timely received by, complied with, executed or accepted by the Accommodation Provider.
12.3 In order to duly complete and secure your Accommodation Reservation, you need to use your correct email address. We are not responsible or liable for and have no obligation to verify any wrong or misspelled email address or inaccurate or wrong mobile or phone number or credit card number.
12.4 Any claim or complaint against All Out Bookings or in respect of the Accommodation Service must be promptly submitted, but in any event within 90 (ninety[TO2] ) calendar days after the scheduled day of consummation of the product or service.
12.5 Due to the continuous updating and adjusting of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position.
13. Risk of loss
13.1 The risk in respect of all reservations, bookings, products or services purchased by the user from an Accommodation Provider shall at all times be that of the user and any damages suffered by the user shall be the sole liability of the Accommodation Provider.
13.2 In the event payment is not received in full for any reservations, bookings, products or services, for any reason whatsoever, it is the sole prerogative of the Accommodation Provider to cancel such reservation or booking or the delivery of any product or services and not All Out Bookings shall in no way be held liable or deemed a party to such cancellation.
14. Disclaimer
14.1 Subject to the limitations set out in the Terms and Conditions and to the extent permitted by law, we shall only be liable for damages suffered by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Accommodation Reservation confirmation email.
14.2 However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its contents shall be liable for:
14.2.1 any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim;
14.2.2 any inaccuracy relating to the information including rates, availability and ratings of the Accommodation Provider as made available on our Platform;
14.2.3 the services rendered or the products offered by the Accommodation Providers;
14.2.4 any damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform; or
14.2.5 any injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by you, whether due to acts, errors, breaches, negligence, gross negligence, wilful misconduct, omissions, non-performance, misrepresentations or delict, wholly or partly, attributable to the Accommodation Provider or any of our other business associates, including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies, whose products or service are directly or indirectly made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
14.3 All Out Bookings is not responsible, and disclaims any liability, for the use, validity, quality, suitability, fitness and due disclosure of the Accommodation and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Accommodation Provider is solely responsible and assumes all responsibility and liability in respect of the Accommodation (including any warranties and representations made by the Accommodation Provider). All Out Bookings is not a seller/reseller of the Accommodation. Complaints or claims in respect of the Accommodation are to be dealt with by the Accommodation Provider. All Out Bookings is not responsible for and disclaims any liability in respect of such complaints, claims and liabilities.
14.4 Whether or not the Accommodation Provider has charged you for your Accommodation, or if we are facilitating the payment of the price or fee, you agree and acknowledge that the Accommodation Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price or fee to the relevant tax authorities. We are not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price or fee to the relevant tax authorities.
14.5 By uploading photos/images onto our system you certify, warrant and agree that you own the copyright to the photos/images and that you agree that All Out Bookings may use the uploaded photos/images on its website and application, and in promotional materials and publications and as All Out Bookings at its discretion sees fit. You are granting All Out Bookings a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as All Out Bookings at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full responsibility of any and all legal claims that are made by any third parties (including, but not limited to, Accommodation owners’ due to All Out Bookings publishing and using these photos/images. All Out Bookings does not own or endorse the photos/images that are uploaded.
15. Intellectual property rights
15.1 Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by All Out Bookings, its Accommodation Providers or providers.
15.2 All Out Bookings exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of the look and feel including infrastructure of the Platform on which the service is made available including the guest reviews and translated content and you are not entitled to copy, scrape, link to, publish, promote, market, integrate, utilize, combine or otherwise use the content including any translations thereof and the guest reviews or our brand without our express written permission. To the extent that you would, wholly or partly, use or combine our content, including guest reviews, or would otherwise own any intellectual property rights in the Platform or any content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to All Out Bookings. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights including copyright and database right.
16. Refunds and return policy
16.1 All payments Bookings only provides a platform for users and Accommodation Providers to transact and shall not be liable for any refunds or returns respect of transactions between users and Accommodation Providers. All Out Bookings in no way acts as Paymaster, retain payments in a separate account, in no way facilitate payments or render any financial services on behalf of a user or Accommodation Provider.
16.2 In the event the user wishes to cancel any reservation, booking or services, for whatever reason, the user may do so only prior to the day of delivery by notifying notifying the Accommodation Provider directly in writing, the acceptance of being the sole prerogative of the Accommodation Provider. No reservation, booking or services can be cancelled online ones such transaction is confirmed. The user will be liable for a 5% handling fee to All Out Bookings.
17. Payment options and payment security
17.1 All sales of products shall be done exclusively through the Pay Fast link provided on the All Out Bookings website to the Accommodation Provider or electronic fund transfer directly to the Accommodation Provider.
17.2 Where online payment is made through Pay Fast, a cure third party payment processing service provider, the payment of the relevant product or service, payment is safely processed from your credit/debit card or bank account to the bank account of the Accommodation Provider through the third party payment processing service provider. Any payment facilitated by the Platform using the third party payment processing service provider will in each case constitute a payment of or part of the booking price by you of the relevant product or service in final settlement of full or partial due and payable price and you cannot reclaim such paid monies
17.3 In the event of credit card fraud or unauthorised use of your credit card by third parties you will bear the risk. However, please make sure that you report any such fraud of unauthorised use to us immediately by email.
17.4 All payments shall be processed in South African Rand.
18. Marketing partners of All Our Bookings
No provision of these terms and conditions, nor any course of dealings between All Out Bookings and any marketing partner shall operate to make the marketing partner an employee of All Out Bookings.
19. Indemnity
The user hereby indemnify All Out Bookings and undertake to keep All Out Bookings indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts through the All Out Booking’s portal to an Accommodation Provider or a third party in settlement of a claim or dispute on the advice of All Out Booking’s legal advisers incurred or suffered by All Out Bookings arising out of any breach by the user of any provision of these terms and conditions of use, or arising out of any claim that the user has breached any provision of these terms and conditions of use.
20. Breach
20.1 Without prejudice to any of All Out Bookings’ rights under these terms and conditions of use, in the event a user breach any of the terms and conditions terms and conditions in any way, or if it is reasonably suspected that a user has breached any terms and conditions in way, All Out Bookings may:
20.1.1 send one or more formal warnings to the user in breach;
20.1.2 temporarily suspend the user’s access to this website;
20.1.3 permanently prohibit the user from accessing this website;
20.1.4 block computers using the user’s IP address from accessing this website;
20.1.5 contact the user’s internet services provider and request that they block the user’s access to this website;
20.1.6 bring court proceedings against the user for breach of contract or otherwise said proceedings to include claims for damages or otherwise;
20.1.7 suspend and/or delete the user’s account with this website; and/or
20.1.8 delete and/or edit any or all of the user generated content.
20.2 Where All Out Bookings suspend, prohibit or block a user’s access to this website or a part thereof, the user shall refrain from any action to circumvent such suspension, prohibition or blocking, including without limitation creating and/or using a different account.
21. Assignment
21.1 All Out Bookings may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions of use without notification or consent to any user or third party.
21.2 The user is prohibited from transferring, sub-contracting or otherwise dealing with his/her/its rights and/or obligations under these terms and conditions of use.
22. Applicable law
22.1 These terms and conditions will be exclusively governed in accordance with the laws of the Republic of South Africa whose courts will have exclusive jurisdiction in any dispute arising here from.
22.2 All Out Bookings reserves the right, in its sole discretion, to commence and proceed with proceedings in any alternative jurisdiction.
23. General
23.1 In the event a provision of these terms and conditions of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23.2 These terms and conditions of use are strictly for the benefit of All Out Bookings and the user and are not intended to benefit any third party or be enforceable by any third party.
23.3 These terms and conditions of use, together with the other legal notices on this web page, constitute the entire agreement between the user and All Out Bookings in relation to the use of this website, and supersede all previous agreements in respect of use of this website.