1 DEFINITIONS
1.1
The terms "Tripco", "ourselves", "our", "us" and "we" refer to the company Tripco (Pty) Ltd (Reg no 2013/076256/07) whose physical address is The Pavilion, Corner Portswood and Beach Rd, V&A Waterfront, Cape Town
8001, South Africa.
1.2
The terms "you" and "your" refer to the person or entity advertising, having advertised or seeking to advertise one or many accommodation establishments using the Tripco Software, or any person or entity representing this/these establishments while using Tripco Software, or any person or entity representing this/these establishments in any form of communication with Tripco or Tripco Customers.
1.3
"Party" and "parties" refer to both the "you" and "ourselves", or either "you" or "ourselves".
1.4
The terms "Tripco Software" or “our Software” refer to all websites or software applications owned or controlled by Tripco, and all other websites or software applications powered by the Tripco system, and all third-party websites or software applications that make use of data provided by Tripco, and all databases or file storage owned or controlled by Tripco, and all social media or blog accounts owned or controlled by Tripco.
1.5
The term “your Establishment” refers to one or many accommodation establishments that you advertise, have advertised or seek to advertise on Tripco Software. “Your Establishment” refers to both the physical building and/or location of your accommodation establishment, as well as its business operations as an accommodation provider and related hospitality services.
1.6
The term “your Content” refers to any information provided by you to Tripco with respect to your Establishment. This includes, but is not limited to, photographs, descriptions, rates and seasons, contact information, personal information, characteristics, availability information and location information. It includes information provided to us via our software, via email, verbally or collected by ourselves with your permission. It also includes any information related to your Establishment that is provided to us via third-party availability software.
1.7
The term "your Listing" refers to elements of your Content and other associated material that collectively comprise the display of your Establishment on Tripco Software whether it is displayed publicly or not.
1.8
The term “Listed” or “to List” or “the Listing” refers to the general public display of your Listing on Tripco Software, in whole or in part, in any place in the Tripco Software.
1.9
The term “Delist” or “Delisting” refers to the removal of your Listing from public display on Tripco Software, in whole or in part, from some places in Tripco Software or from all places in Tripco Software.
1.10
The term “Tripco Account” refers to the access-controlled section of the Tripco Software that you can use to update your Listing, your Content, and manage your quotations and bookings, amongst other functions.
1.11
The term “Customer” refers collectively to the person who, with the aid of Tripco Software, found and/or booked at your Establishment and to those guests for whom the booking was made,
1.12
The term “Total Booking Value” refers to the total booking value quoted by you, or the total booking value returned by third-party availability software for a particular booking, as the case may be. “Total Booking Value” includes any extra fees that you charge, such as admin fees, cleaning fees or booking fees. It also includes any meals or other services that are specified as ‘included’ in your quotation, messages to the Customer, verbal communication with the Customer or our staff, or described in any of your Content.
1.13
The term “Customer Expectations” refers to the Customer’s expectation of the quality and nature of their stay at your Establishment, that they would reasonably have expected at the time of confirming their booking. This expectation can be derived from your Content, quotations, messages, emails or verbal communication between you and the Customer or you and our staff. Omission of pertinent information from your Content or from any of the above mediums of communication can also have an impact on the Customer’s expectation.
1.14
The term, “Satisfactory Stay” refers to the Customer’s stay at your Establishment that does not fall significantly short of their Customer Expectations (as defined in clause 1.13).
1.15
The term, “Unsatisfactory Stay” refers to the Customer’s stay at your Establishment that falls significantly short of their Customer Expectations (as defined in clause 1.13).
1.16
The term “Applicable Cancellation Policy” in relation to a booking, is the authoritative description of the refund due by you to the customer in the event that they cancel or have cancelled their booking at your Establishment.
1.17
Any use of the above terminology or other words in the singular, plural, capitalization, past tense, present tense, future tense and/or he/she or they, are taken as interchangeable and therefore are referring to the same.
2 YOUR LISTING
2.1
We reserve the right to withdraw or deny the Listing of your Establishment on Tripco's software.
2.2
We shall not be liable for any damage, loss or liability of whatsoever nature arising from us withdrawing or denying the Listing of your Establishment on Tripco Software, or from any loss of information supplied by you.
2.3
There are various types of establishments that we will categorically decline to List, including, but not limited to, establishments that participate in hunting of the big cats, endangered species, primates or those that offer canned hunting experiences. If you offer these or any other services that may be considered controversial you should let us know so that we can advise as to whether we will approve your Listing.
2.4
Tripco reserves the right to present accommodation options to Customers in any order, or in any position in the Tripco Software. Our criteria for the ordering or position of your Listing in our software need not be transparent, and may be changed at any time without notice.
2.5
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.
2.6
Tripco may publish, on your Listing or anywhere else on Tripco Software, hyperlinks to any other Internet addresses. These hyperlinks may have destinations that are internal or external to Tripco Software.
3 DELISTING
3.1
Tripco may, in its sole discretion, unilaterally Delist your Establishment from our software at any time without notice.
3.2
If you request for your Establishment to be Delisted from our software, Tripco will Delist your Establishment within five working days.
3.3
You do not have an explicit or implicit right for your Establishment to be Listed on the Tripco 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.
3.4
You will have no recourse against Tripco or any related person for being Delisted.
3.5
While we can Delist you for any reason, whether or not this has been agreed to by you, here is a non-exhaustive list of reasons for Delisting:
- unfair discrimination against Customers
- low quality service
- bad value for money
- an inability to pass a security check
- owing us money
- bad press related to your Establishment
3.6
Tripco need not provide any reason for Delisting your Establishment.
3.7
In the event of your Establishment’s Delisting, the rights and obligations of all parties under the terms of this agreement will persist.
3.8
In the event of your Establishment’s Delisting, the rights of any Customers already introduced via the Tripco Software will persist.
3.9
In the event of your Establishment’s Delisting, Tripco reserves the right to use any of your Content for any marketing material that may already have been designed or advertising space that may already have been purchased.
3.10
In the event of your Delisting, Tripco reserves the right to always retain your Content in the Tripco Software, and to display your Listing to Customers who may have already made past enquiries or bookings at your Establishment.
4 YOUR CONTENT
4.1
We reserve the right to alter your Listing at any time to be in line with best practices on the Tripco Software. We are not required to notify you of any such changes.
4.2
You warrant that your Content (including, but not limited to, text and photographs) is original and that you have the right to use it for marketing purposes.
4.3
You warrant that none of your Content 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 Content.
4.4
By uploading your Content, you grant us permission to make perpetual use of this content for any reason including, but not limited to, the advertising or promoting your Listing, advertising or promoting any tourism destinations, advertising or promoting Tripco Software or advertising or promoting any brands owned by Tripco or partnered with Tripco. This right will survive beyond this agreement.
4.5
You grant us the right to make adaptations of your Content including, but not limited to, cropped photographs, rewritten descriptions, and translations, and to display this adapted content on your Listing. You do not have ownership of this adapted content, and cannot make use of this adapted content without written permission from us.
4.6
We may use your Content in any media, including but not limited to social media, print and television without notice.
4.7
We shall not be liable for any damage, loss or liability of whatsoever nature arising from any unintentional misuse of your Content.
5 CORRECTNESS OF YOUR CONTENT
5.1
You undertake to ensure that your Content accurately represents your Establishment, as well as to notify us of material changes to your Establishment that would be relevant to Tripco and/or Customers introduced by Tripco.
5.2
You undertake to ensure that all of your Content is correct and continuously updated, including, but not limited to, the description of your rates, availability, and the services offered.
5.3
In the event of a change of management or ownership of your Establishment, it is your responsibility to notify Tripco as such.
5.4
In the event that you fail to keep your Content current and updated, we reserve the right to your Content to reflect the status of your Establishment.
5.5
If you make use of a third-party availability provider that is integrated with Tripco Software, then Tripco may assume that the data we obtain from this provider with respect to your Establishment is always accurate and up-to-date. You will be liable for any issues that arise as a result of any out-of-date or inaccurate information we receive from said third-party.
5.6
Tripco shall not be liable for any damage, loss or liability of whatsoever nature arising from any misrepresentation by you.
6 PASSWORDS AND ACCESS
6.1
You will be legally bound by any action performed using the Tripco Software by any person with access to your Tripco Account.
6.2
Anybody with access to your email account or with the password to your Tripco Account; or with access to a device on which you are logged into your Tripco Account, will have access to your Tripco Account. We will reasonably assume that you have granted said person access.
6.3
You hereby indemnify Tripco for any damage, loss or liability of whatsoever nature arising from unauthorized access to the Tripco Software.
7 REVIEWS
7.1
Tripco may publish guest comments and/or reviews on or in connection with your Listing.
7.2
Tripco is not liable or responsible in any way for the verification or accuracy of any such guest comments published.
7.3
Tripco will 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 connection with your Listing.
7.4
In the event that you write a response to a review, you agree that Tripco may publish the response on your Listing or edit the response before publication or choose not to publish it publicly on the Tripco Software.
8 ENQUIRY-QUOTE BOOKINGS
8.1
When a Customer uses Tripco Software to make an availability enquiry for a stay at your Establishment, you are invited to send an electronic quotation to the Customer using Tripco Software. This quotation can also be sent automatically by the Tripco Software on your behalf if this has been arranged.
8.2.
If, for whatever reason, you are unable to accommodate the Customer under the conditions for which they enquired, you are obliged to mark the enquiry as unavailable using Tripco Software, and not to simply ignore it. In the case where you have not responded to an enquiry within a reasonable length of time your Listing’s ranking position on Tripco Software may be negatively affected, and we will assume in such cases that your establishment is fully reserved for the enquired dates and we may report as such to the Customer. If you repeatedly ignore enquiries your Establishment may be subject to delisting.
8.3
Should a quotation be sent, this constitutes a legal offer by yourself, which may be accepted or declined by the Customer.
8.4
Each quotation is sent with a specified expiry time and it is thus open for acceptance by the Customer during the period prior to the expiry time. Acceptance by the Customer prior to the quotation expiring constitutes a binding contract between you and the Customer.
8.5
Until a Customer indicates an intention to accept a quotation by “provisionally confirming” the booking on the Tripco Software, you are not required to hold the availability for that Customer exclusively. During the period before provisional confirmation by a Customer you will be able to withdraw the quotation using the Tripco Software.
8.6
Once a Customer has confirmed the intention to pay, by “provisionally confirming” on the Tripco Software, Tripco will inform you as such, and you will thereafter be required to reserve the quoted accommodation for the Customer exclusively. After “provisionally confirming”, the majority of Customers will proceed to payment. However, if a Customer doesn’t pay the deposit before the expiration time specified in your offer, then the quotation has lapsed and is automatically withdrawn.
8.7
The booking is confirmed when payment by a Customer is made to Tripco by credit card, electronic funds transfer, some other payment method or when Tripco receives proof of such payment.
9 INSTANT BOOKINGS
9.1
If you make use of a third-party availability software which is integrated with Tripco Software, then Customers will be able to see your Establishment’s realtime availability on Tripco Software, and they will be able to make instant bookings at your Establishment through Tripco Software.
9.2
Tripco may assume that the availability and price data we receive from the third-party availability software is always accurate and up-to-date. You will be liable for any issues that arise as a result of any out-of-date or inaccurate information we receive from said third-party.
9.3
An instant booking is confirmed when payment by a Customer is made to Tripco by credit card, electronic funds transfer, some other payment method or when Tripco receives proof of such payment.
9.4
When the booking is confirmed, Tripco will inform you as such with an email. We will also endeavor to mark the booking as confirmed on the third-party availability software.
9.5
Should Tripco, for whatever reason, be unable to mark the booking as confirmed on the third-party availability software, you will still be obliged to honour the booking, provided we have sent you timeous email confirmation thereof.
10 PAYMENTS
10.1
You hereby appoint Tripco as your agent, eligible to receive payments on your behalf with respect to any bookings at your establishment made through Tripco Software. These payments include any booking deposit requested by you, or any other payment the Customer may pay to Tripco with respect to their booking at your Establishment, including balance payments.
10.2
For such payments you agree to accept as paid by the Customer any amount that Tripco reports to have received.
10.3
If you request a deposit of less than 100% on Tripco Software, then it is your responsibility to collect any additional amount from the Customer that may still be outstanding. Tripco cannot take responsibility for any outstanding payment not collected from the Customer.
10.4
Tripco will on-pay to you all amounts collected by us from the Customer, subject to the deductions specified elsewhere in the agreement.
10.5
Tripco reserves the right to withhold any amounts that the customer has paid to us on your behalf until 7 days after the Customer’s checkout from your Establishment. This allows us to ascertain whether the customer has had a Satisfactory Stay (as defined in clause 1.14).
10.6
Although Tripco may often on-pay to you the amounts that we have received on your behalf from the Customer shortly after we have received them, this leniency in enforcing our right specified in the above sub-clause shall not prejudice our right to enforce it in future.
10.7
It is your responsibility to provide Tripco with your correct bank details, as well as proof thereof if requested. Should a change in ownership or bank account take place, you must immediately notify Tripco accordingly. Tripco will not be held responsible for payments made into incorrect accounts if we are not notified timeously of changes to your bank details.
10.8
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, or situations where the satisfaction of a Customer’s stay is under dispute, or in situations where the details regarding the amount owed to you is under dispute, or where we have not yet received your banking details or sufficient proof thereof when required.
10.9
Tripco may offset any amounts you may owe to Tripco for any reason against any amounts that Tripco owes you, including but not limited to our commission earned on any bookings, or refunds we’ve made on your behalf to Customers.
10.10
Tripco may charge the Customer additional fees in connection with our services provided in assisting them with their accommodation booking at your Establishment. You will have no claim over any such fees paid to Tripco for additional services or otherwise.
10.11
Unless the booking details have materially been adjusted, the Customer will not be liable to pay you any amount in addition to the Total Booking Value except for additional optional extra items or services they may purchase from you during or before their stay.
11 COMMISSION
11.1
You agree to pay commission on any bookings made at your Establishment by Customers who are introduced to you by Tripco or via Tripco Software.
11.2
We retain a non-refundable booking commission of 15% (VAT exclusive) on the Total Booking Value for facilitating the booking or for introducing the Customer. If any amount other than 15% is agreed upon, this should be done so in writing or using the Tripco Software.
11.3
VAT will be added onto the stated commission where applicable.
11.4
Tripco will calculate the commission based on the Total Booking Value, and will issue you a tax invoice for said commission. The timing of the invoice will coincide with when the booking deposit is paid. You can download this invoice at the end of the month by using the Tripco Software.
11.5
If our commission for a particular booking is adjusted for any reason, including for reasons of cancellations or booking adjustments, we will issue adjusting tax invoices or debit notes as the case may be, the timing of which will coincide with when the cancellation or adjustment was confirmed.
11.6
You hereby agree that you shall not bypass the Tripco Software when engaging with any Customer introduced to you by Tripco. Any communication between you and any Customers using the Tripco Software must be conducted via the Tripco Software or via Tripco staff until the Customer has paid the deposit for a booking at your Establishment. If this process is bypassed, and a booking is made by the Customer at your Establishment, you will still be liable for our commission on the Total Booking Value of the booking.
11.7
If your Establishment is VAT registered it is your responsibility to issue the Customer with a Tax Invoice for the Total Booking Value of their stay at your Establishment, unless Tripco has notified you that we will be issuing the invoice on your behalf as described in the sub-clause below.
11.8
You grant Tripco, as your agent, the right to issue Tax Invoices to Customers on your behalf using our VAT details. Tripco will always notify you if it takes such action, and will forward all such invoices to you. In these cases you should not invoice the customer yourself, and if your Establishment is VAT registered you must still declare the output VAT expressed in the invoices we forwarded you, in accordance with Section 54(1) of the South African Value-Added Tax Act.
11.9
You agree that you will not disclose or display Tripco’s commission to any Customer. For example, it should not be displayed on any statement or invoice that you provide to the Customer.
12 DELIVERY
12.1
You hereby agree to honour bookings reported as “confirmed” by Tripco regardless of whether you have yet received any associated payments.
12.2
Delivery on the part of yourself takes place when the Customer has physically taken up the accommodation reserved and had a Satisfactory Stay (as defined in clause 1.14).
13 NON-DELIVERY
13.1
Non-delivery occurs if a Customer did not have a Satisfactory Stay (as defined in clause 1.14) at your Establishment.
13.2
Anticipated non-delivery occurs when Tripco reasonably expects that non-delivery may occur for an upcoming booking. Anticipated non-delivery is considered as non-delivery for all purposes in this contract.
13.3
Examples of non-delivery include, but are not limited to, the following:
- Any stay where the Customer has an Unsatisfactory Stay (as defined in clause 1.15)
- Instances where your Establishment has been materially misrepresented or falsely advertised on the Tripco Software.
- Instances of double booking, where you cannot honour the Customer’s stay as exactly specified in their booking.
- Unilateral cancellation from your side, or any refusal by you to honour the booking
- Instances where the Customer’s booking is not honoured by new ownership or management of your Establishment, or due to your Establishment having ceased business operations.
- Instances where Tripco or the Customer is unable to contact you on your supplied contact details.
- Inadequate or incorrect information provided to the Customer about how to access your Establishment on their arrival.
13.4
Examples of anticipated non-delivery include, but are not limited to:
- Tripco’s loss of faith in your ability to offer a consistently high-quality experience.
- Bad press relating to your Establishment.
- Natural disaster in or nearby to your region.
- Tripco’s suspicion that your Establishment may be fraudulent.
13.5
In the case of a non-delivered booking, the Customer may choose to receive either a full refund or, in the case where they have not yet completed their stay, a replacement booking for those nights not yet completed.
13.6
Cases of non-delivery are not subject to your usual cancellation policy.
- You will be liable for any amounts that may have already been paid to you for the non-delivered booking.
- You will forfeit any amounts currently owed to you for the non-delivered booking.
- Tripco will retain our right to invoice you for the commission on the Total Booking Value of non-delivered booking.
13.7
In the case where a Customer elects for Tripco to find a replacement booking as a result of your non-delivery, Tripco will attempt to find a replacement booking that meets the Customer Expectation. You acknowledge that in some cases, especially during high season, this may result in the replacement booking costing substantially more than the Total Booking Value. You will be liable to Tripco for the difference in cost between the Total Booking Value of the non-delivered booking and the replacement booking, for those nights that were replaced.
14 CANCELLATIONS SUBJECT TO YOUR TERMS
14.1
In the event that a Customer cancels a booking you will be liable to refund them the amount as calculated in accordance with the Applicable Cancellation Policy for that booking.
14.2
The last cancellation policy that you had presented to the Customer in relation to their booking before they had confirmed their booking, becomes the Applicable Cancellation Policy for that booking, whether you had presented the policy via Tripco Software, third-party availability software, messages, emails, or verbally.
14.3
In the event where you present a more favourable cancellation policy to the Customer after their booking had already been confirmed, that more favourable cancellation policy will become the Applicable Cancellation Policy for that booking. You will be bound to this new cancellation policy, even retrospectively, regardless of whether this was offered before or after the booking was cancelled, and regardless of whether you had presented it via Tripco Software, third-party availability software, messages, emails, or verbally.
14.4
The Applicable Cancellation Policy for a particular booking applies only to the deposit amount requested by you. Any aspect of the Applicable Cancellation Policy that demands additional payment beyond the deposit amount requested is void. Even in the case of a “no show”, you cannot be due more than the requested deposit.
14.5
You agree that any additional amount, over and above the requested deposit, that has been paid by the Customer is always 100% refundable upon cancellation. This does not apply to any payments made with respect to any nights already stayed at the Establishment.
14.6
You agree that any ambiguity in the Applicable Cancellation Policy with respect to any booking will always be interpreted to the benefit of the Customer.
14.7
Tripco reserves the right to retain all the commission it had earned on any cancelled booking
14.8
Although Tripco will often decide to pro-rata our commission earned on a cancelled booking in accordance with the Applicable Cancellation Policy of that booking, this leniency in enforcing our right to retain all commission earned on any cancelled booking shall not prejudice our right to enforce it in future.
15 REFUNDS TO CUSTOMERS
15.1
There are occasions when the Customer is due a refund of amounts which they have paid towards their booking at your Establishment. These refunds can be in whole or in part. Such refunds can be due for various reasons, including, but not limited to, cancellations or booking adjustments.
15.2
In the event of a refund being due to a Customer, Tripco will refund, on your behalf, the required portion of the deposit or balance payments that the Customer had previously paid to Tripco.
15.3
For those amounts that the Customer had paid to you directly for their booking, including, but not limited to, balance payments and payments for optional extras, you will refund the required portion of said amounts directly to the customer, unless it has been arranged with Tripco that we refund them on your behalf.
15.4
For all amounts that Tripco refunds the Customer, we reserve the right to collect these same amounts back from you, to the extent that you had previously received them, whether from us or directly from the customer.
15.5
Any amount that you owe to Tripco or a Customer as a result of a cancellation or a booking adjustment is due immediately.
15.6
Tripco may take action to recover unpaid debts from you, including but not limited to, offsetting your debt against other amounts we owe you, Delisting your Establishment, employing a debt collection agency or blacklisting you in the industry. In such circumstances, interest may be retrospectively applied to any outstanding amounts at a rate of 5 percentage points above the prime lending rate.
16 FRAUDULENT TRANSACTIONS AND FALSE PAYMENTS
16.1
You acknowledge that in the event of a Customer’s payment being a fraudulent credit card payment, fraudulent bank deposit, fraudulent proof of payment or in the event of a Customer’s payment being reversed for any reason by the bank or any other agency, Tripco's responsibility is limited to the forfeiture of any commission it may have earned on the booking and you are responsible for the repayment of any payment you may have received in respect of the booking, irrespective of the Applicable Cancellation Policy for that booking. 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.
16.2
In the event that Tripco confirms a booking based on an expectation to receive Customer payment or claims to have received Customer payment, but that claim or expectation is false, you accept that Tripco can cancel the booking in question without penalty. You will have no claim in relation to such a cancellation, even if the stay has already taken place.
17 RUNNING OF YOUR ESTABLISHMENT
17.1
Tripco does not assume responsibility for the running of your Establishment in any way.
17.2
It is your sole responsibility to:
- Comply with laws and/or by-laws that may apply to Establishment.
- Adequately and accurately insure your Establishment.
- Run a reputable business in connection with your Establishment that reflects well on Tripco and its brands.
- Remain contactable at all times. It is your responsibility to ensure that all emails from "lekkeslaap.co.za" and its related websites are whitelisted by your email software (i.e. ensure that our mail will not go into your "junk" folder).
17.3
It is your responsibility to ensure that in the case of new ownership or management of your Establishment, the new owner or manager will honour this agreement and any existing bookings that had been made via Tripco. You will, however, also remain liable in terms of this agreement.
18 AFFILIATE PARTNERSHIPS
18.1
Tripco 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 Tripco Software.
18.2
Tripco may, at its sole discretion, extend all rights granted to it to said partners.
18.3
Tripco is under no obligation to inform you of any partnerships that may be entered into, or to inform you of any sharing of your Content with a partner, or to specifically note which enquiries or bookings were introduced by a partner.
18.4
Tripco will not be liable to you for the actions of affiliate partners, including in respect to our use of your Content.
19 PROTECTION OF PERSONAL INFORMATION
19.1
You undertake to protect any personal information provided to you by Tripco to at least the standard required of you by South Africa’s Protection of Personal Information Act, and any other applicable legislation.
19.2
You undertake that your audit procedures, ongoing system monitoring, secure disposal of data and your technical and organisational security standards are at least the standard required of you by South Africa’s Protection of Personal Information Act, and any other applicable legislation.
19.3
You undertake to inform Tripco about any suspected breach of personal information provided by Tripco as soon as possible, and not more than 24 hours after your awareness of the breach, at legal@tripco.africa
19.4
For Tripco’s undertakings with respect to protection of personal information, see our PAIA & POPI manual.
20 AUTHORITATIVE RECORD
20.1
Tripco’s record (automated or manual) shall prevail in any dispute about bookings, communication or transactions. Tripco may adjust any such records without prejudice upon notification of any speculative, improper or fraudulent records.
21 CHANGE OF AGREEMENT
21.1
This agreement or any part thereof may at any time be changed after a 48 hour notice period commencing from such time as Tripco emails you at your supplied email address with a copy of the new agreement, or a link to the new agreement. After said notice period you are deemed to have consented to the new agreement and will thereafter be contractually bound to the new agreement, unless you have actively Delisted your Establishment from Tripco Software before the expiration of said notice period.
22 INDEMNITY & LIMITATION OF LIABILITY
22.1
Save as otherwise provided herein, Tripco will not be liable to you for any direct or indirect loss or damage that you may suffer as a result of the use of Tripco Software by any person, whatsoever and howsoever arising.
22.2
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, your Content or the links on your Listing.
22.3
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.
23 GENERAL USE OF SOFTWARE DISCLAIMER
23.1
The Tripco Software is owned and operated by Tripco. All databases, information and systems are the property of Tripco.
23.2
Neither Tripco 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 Tripco Software or the services or content provided from and through the Tripco Software. Furthermore, Tripco makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available via the Tripco Software 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@lekkeslaap.co.za.
23.3
The Tripco 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 Tripco that the service available from and through this software will meet your individual requirements and be compatible with your hardware and/or software.
23.4
The Tripco Software contains material which is owned by or licensed to Tripco. 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 Tripco Software.
23.5
Unauthorised use of Tripco Software may give rise to a claim for damages by Tripco and/or be a criminal offence.
23.6
Your use of Tripco Software and any dispute arising out of such use of the software is subject to the laws of South Africa.
23.7
We undertake to maintain the Tripco 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 Tripco Software.
23.8
We shall not be liable for any direct or indirect loss or damage suffered whatsoever as a result of "hacking" of Tripco Software, planned or unplanned outages or the actions of service providers.
23.9
You hereby indemnify and hold us harmless in respect of any claim arising from any "hacking" or other outage of service.
For a copy of the Tripco PAIA & POPI manual, please click here.
