1.
DEFINITIONS

1.1.
The terms “LekkeSlaap”, “ourselves”, “our”, “us” and “we” refer to the company Tripco (Pty) Ltd (Reg no. 2013/076256/07) t/a LekkeSlaap, 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 Properties using the LekkeSlaap Software.

1.3.
The term “Property” refers to one or many accommodation establishments that you advertise, have advertised or seek to advertise on the LekkeSlaap Software. “your Property” refers to both the physical building and/or location of your accommodation establishment, as well as your business operations as an accommodation provider and related hospitality services.

1.4.
The terms “LekkeSlaap Software” or “our Software” refer to all websites or software applications owned or controlled by LekkeSlaap or Related Entities, and all other websites or software applications powered by LekkeSlaap or Related Entities’ systems, and all third-party websites or software applications that make use of data provided by LekkeSlaap or Related Entities, and all databases or file storage owned or controlled by LekkeSlaap or Related Entities, and all social media or blog accounts owned or controlled by LekkeSlaap or Related Entities.

1.5.
The term “Guest” refers collectively to the person who, with the aid of LekkeSlaap Software, found and/or booked at your Property and to those persons for whom the booking was made.

1.6.
The term “Related Entity” refers to LekkeSlaap’s subsidiaries, holding company or a company which is a subsidiary of that holding company; provided that a Related Entity shall be controlled by LekkeSlaap or be under common control with LekkeSlaap. For this purpose, the term ‘control’ or ‘controlled’ refers to the power of a person or entity to acquire or take (directly or indirectly) a legally binding decision for and on behalf of the controlled person or entity.

1.7.
The term “your Content” refers to any information provided by you to LekkeSlaap with respect to your Property. This includes, but is not limited to: photographs, descriptions, rates, seasons, contact information, personal information, characteristics, availability information, location information, and the Applicable Cancellation Policy. It includes information provided to us through our Software, via email, verbally, or collected with your permission. It also includes any information related to your Property that is provided to us via third-party availability software.

1.8.
The term “Applicable Cancellation Policy” in relation to a booking is the authoritative description of the refund due by you to the Guest if they cancel or have cancelled their booking at your Property.

1.9.
The term “your Listing” refers to elements of your Content and other associated material that collectively comprise the display of your Property on LekkeSlaap Software, whether it is displayed publicly or not.

1.10.
The terms “Listed”, “to List” or “the Listing” refer to the general public display of your Listing, in whole or in part, in any place on the LekkeSlaap Software.

1.11.
The terms “Delist” or “Delisting” refer to the removal of the Listing from public display, in whole or in part, from some places on the LekkeSlaap Software or from all places on the LekkeSlaap Software.

1.12.
The term “LekkeSlaap Account” refers to the access-controlled section of the LekkeSlaap Software that you can use to update your Listing, your Content, and manage your quotations and bookings, amongst other functions.

1.13.
The term “Guest Expectations” refers to the Guest’s reasonable expectation, formed at the confirmation of their booking, of the quality and nature of their stay and experience at your Property. This expectation can, inter alia, be derived from your Content, quotations, messages, emails or verbal communication between you and the Guest or you and our staff. Omission of pertinent information from your Content and communication with Guests can also have an impact on such expectations.

1.14.
The term “Satisfactory Stay” refers to the Guest’s stay at your Property that does not fall significantly short of their Guest Expectations.

1.15.
The term “Unsatisfactory Stay” refers to the Guest’s stay or attempted stay at your Property that, in our sole discretion, falls significantly short of their Guest Expectations.

1.16.
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. “Total Booking Value” includes any and all 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 Guest, verbal communication with the Guest or our staff, or described in any of your Content.

1.17.
The terms “Payout” and “Pay Out” refer to us paying you any amount we have received from a Guest as payment toward any outstanding Deposit or Balance, in part or in full, due on the Guest’s booking at your Property, less any commission, fees or amounts due to us.

1.18.
The term “Deposit” refers to the percentage of the Total Booking Value requested by you on the LekkeSlaap Software and payable by the Guest to confirm the booking.

1.19.
The term “Balance” refers to the difference between the Total Booking Value and the Deposit (if any), where same was paid to LekkeSlaap.

1.20.
The term “agreement” or “this agreement” refers to these terms and conditions as amended from time to time.

1.21.
The terms “Party”, “party”, “Parties” and “parties” refer to both you and us, or either you or us.

1.22.
The terms “provisionally confirming” and “provisionally confirms” refer to the instances where a Guest has accepted your offer or quotation, but has not yet paid the necessary Deposit.

1.23.
Any use of the above terminology in the singular, plural, capitalisation, past tense, present tense, future tense and/or he/she or they, is taken as interchangeable and therefore refers to the same.



2.
YOUR LISTING

2.1.
We reserve the right to suspend, Delist or deny the Listing of your Property on LekkeSlaap Software.

2.2.
We shall not be liable for any damage, loss or liability of whatsoever nature that you may suffer arising from: us suspending or denying the Listing of your Property or the Delisting or temporary Delisting of your Property on LekkeSlaap Software, or from any loss of your Content.

2.3.
There are various types of properties that we will categorically decline to list, including, but not limited to, properties that participate in the hunting of 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 must let us know so that we can advise as to whether we will approve your Listing.

2.4.
LekkeSlaap reserves the right to present accommodation options to Guests in any order, or in any position in the LekkeSlaap 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.
LekkeSlaap may publish, on your Listing or anywhere else on LekkeSlaap Software, hyperlinks to any other internet addresses. These hyperlinks may have destinations that are internal or external to the LekkeSlaap Software.



3.
DELISTING

3.1.
LekkeSlaap may, in its sole discretion, Delist your Property from our Software at any time without notice.

3.2.
If you request that your Property be Delisted from our Software, LekkeSlaap will Delist your Property within five working days.

3.3.
You do not have an explicit or implicit right for your Property to be Listed on LekkeSlaap Software. This is irrespective of any prior relationship, time period of listing, number of properties or guests referred, payments made, potential effect on your business or any other factor.

3.4.
You will have no recourse against LekkeSlaap or any related person or Related Entity for being Delisted.

3.5.
While we can Delist you or your Property 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 Guests;
- low quality service;
- bad value for money;
- an inability to pass a risk, security and/or verification checks;
- owing us money;
- bad press related to your Property; and/or
- using the LekkeSlaap Software or platform for any purpose other than its intended purpose.

3.6.
LekkeSlaap need not provide any reason for Delisting your Property.

3.7.
In the event of your Property’s Delisting:

3.7.1.
the rights and obligations of all parties under the terms of this agreement will persist;

3.7.2.
the rights of any Guests already introduced via LekkeSlaap Software will persist;

3.7.3.
LekkeSlaap 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; and/or

3.7.4.
LekkeSlaap reserves the right to always retain your Content in the LekkeSlaap Software and to display your Listing to Guests who made enquiries or bookings at your Property prior to the Delisting.



4.
YOUR CONTENT

4.1.
We reserve the right to alter your Listing at any time to be in line with best practices on LekkeSlaap 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 nothing in your Content in any way breaches or infringes the copyright or intellectual property rights of any third party, and you hereby indemnify us against any and all damages, fines, penalties, costs payable by LekkeSlaap or claims by third parties in respect of any breach or alleged breach of intellectual property rights as a result of your Content.

4.4.
Nothing in your Content, including Property name, products and services, nor any products, services or requirements that you or your authorised representative communicated to a Guest, may use a mark or name that, in our discretion,:

4.4.1.
is visually, aurally and/or phonetically similar or confusingly similar to our registered trademarks (including “LekkeSlaap” and the LekkeSlaap logo);

4.4.2.
takes unfair advantage of, or can be detrimental to, the distinctive character or the repute of our registered trade marks; or

4.4.3.
might result in passing off or cause confusion, or suggest a false connection between us and such Property, products, services or requirements.

4.5.
By uploading your Content, you permit us to make perpetual use of this content for any reason, including, but not limited to, advertising or promoting your Listing, advertising or promoting any tourism destinations, advertising or promoting LekkeSlaap Software or advertising or promoting any brands owned by LekkeSlaap, Related Entities or partnered with LekkeSlaap. This right will survive beyond this agreement.

4.6.
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.

4.7.
We may use your Content in any media, including but not limited to social media, print and television without notice.

4.8.
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 AND YOUR LISTING

5.1.
You acknowledge and agree that Guest Expectations are derived from, among other things, your Content and your Listing, and as such, you undertake to ensure that your Content and your Listing at all times accurately represent your Property, as well as to notify us of material changes to your Property that would be relevant to LekkeSlaap and/or Guests introduced by LekkeSlaap.

5.2.
You will ensure that all of your Content and the Listing are correct and continuously updated, including, but not limited to, the description of your rates, availability, and the services offered.

5.3.
In the event that you fail to keep your Content and the Listing current and updated, we reserve the right to change your Content or the Listing to reflect the status of your Property.

5.4.
If your Content or your Listing is inaccurate, out-of-date, misleading or lacks any material information resulting in an Unsatisfactory Stay, it will be regarded as a non-delivery on your part, and clause 13 will apply.

5.5.
LekkeSlaap shall not be liable for any damage, loss, or liability that you may suffer or liability of whatsoever nature arising from any misrepresentation by you or any inaccuracy in your Content or your Listing, and you hereby indemnify LekkeSlaap against any claim, damage, loss or liability that may arise as a result of such misrepresentation or inaccuracy.



6.
PASSWORDS AND ACCESS

6.1.
You will be legally bound by any action performed using LekkeSlaap Software and any information provided on LekkeSlaap Software by any person with access to your LekkeSlaap Account.

6.2.
You acknowledge and agree that you are solely responsible for the security of your LekkeSlaap Account, and you undertake to implement such physical and cyber security measures as may be necessary to ensure that only persons duly authorised by you can access your LekkeSlaap Account.

6.3.
Anybody with access to your email account or with the password to your LekkeSlaap Account, or with access to a device on which you are logged into your LekkeSlaap Account, will have access to your LekkeSlaap Account. You acknowledge, and we will accept, that you have granted such person access.

6.4.
You hereby indemnify LekkeSlaap against any damage, loss or liability of whatsoever nature arising from unauthorised access to your LekkeSlaap Account or to the LekkeSlaap Software via your LekkeSlaap Account.

6.5.
You hereby acknowledge and agree that you will have no claim whatsoever or howsoever arising against LekkeSlaap due to any damage or loss that you may suffer as a result of unauthorised access to your LekkeSlaap Account.



7.
REVIEWS

7.1.
LekkeSlaap may publish Guest comments and/or reviews on or in connection with the Listing and/or the Guest experience.

7.2.
LekkeSlaap is not liable or responsible in any way for the verification or accuracy of any such Guest comments and/or reviews published.

7.3.
LekkeSlaap will not be liable for any direct or indirect loss or damage that you may suffer, of whatsoever nature and howsoever arising, as a result of any Guest comments and/or reviews published on or in connection with the Listing and/or the Guest experience.

7.4.
In the event that you write a response to a comment and/or review, you agree that LekkeSlaap may publish the response on the Listing or edit the response before publication or choose not to publish it publicly on the Listing.



8.
REQUEST TO BOOK

8.1.
The terms “request to book” or “request” shall mean a booking enquiry by a Guest or an availability enquiry from a Guest.

8.2.
When a Guest uses LekkeSlaap Software to make an availability enquiry for a stay at your Property, you are invited to send an electronic quotation to the Guest using LekkeSlaap Software. This quotation can also be sent automatically by the LekkeSlaap Software on your behalf if this has been arranged.

8.3.
If, for whatever reason, you are unable to accommodate the Guest under the conditions for which they requested, you are obliged to mark the request as unavailable using LekkeSlaap Software and not to simply ignore it.

8.4.
In the case where you have not responded to a request within a reasonable length of time:

8.4.1.
we will assume that your Property is fully reserved for the requested dates, and we may report as such to the Guest; and/or

8.4.2.
your Listing’s ranking position on the LekkeSlaap Software may be negatively affected.

8.5.
If you repeatedly ignore such requests, your Property may be subject to Delisting.

8.6.
Should a quotation be sent, this constitutes a legal offer by you, which may be accepted or declined by the Guest.

8.7.
Each quotation is sent with a specified expiry time, and it is thus open for acceptance by the Guest during the period prior to the expiry time, subject to your right to withdraw the quotation as indicated in clause 8.8 below. Acceptance by the Guest prior to the quotation expiring and/or the withdrawal of the quotation as indicated in clause 8.8 below constitutes a binding contract between you and the Guest.

8.8.
Until a Guest indicates an intention to accept a quotation by provisionally confirming the booking on the LekkeSlaap Software, you are not required to hold the availability for that Guest exclusively. During the period before provisional confirmation by a Guest, you will be able to withdraw the quotation using LekkeSlaap Software.

8.9.
Once a Guest provisionally confirms on the LekkeSlaap Software, LekkeSlaap will inform you as such, and you will thereafter be required to reserve the quoted accommodation for the Guest exclusively.

8.10.
We may put a temporary block on your Listing availability in accordance with a booking that is provisionally confirmed. Should the Deposit not be received timeously following the provisional confirmation, we will unblock your Listing’s calendar or notify you accordingly where we are not able to remove the block on your Listing’s calendar.

8.11.
After provisionally confirming, the majority of Guests will proceed to payment. However, if a Guest does not pay the Deposit before the expiration time specified in your offer, then the quotation has lapsed and is automatically withdrawn, notwithstanding the provisional confirmation.

8.12.
Your Applicable Cancellation Policy will not apply where a quotation lapsed due to the failure of the Guest to pay the Deposit timeously.

8.13.
The booking is confirmed and/or finalised when the Deposit is paid to LekkeSlaap or when LekkeSlaap receives proof of such payment.

8.14.
Once a booking is confirmed and/or finalised, whether via request to book or instant bookings (see clause 9), a direct legal agreement is established between you and the Guest, with LekkeSlaap not being a party to such agreement.



9.
INSTANT BOOKINGS

9.1.
If you make use of third-party availability software which is integrated with LekkeSlaap Software or use the instant bookings feature on LekkeSlaap Software, then Guests will be able to see your Property’s real-time availability on the LekkeSlaap Software, and they will be able to make instant bookings at your Property through the LekkeSlaap Software.

9.2.
You warrant, and LekkeSlaap accepts, that the availability and price data we receive from you or the third-party availability software is always accurate and up-to-date. You will be liable for any damages, costs or fees that arise, directly or indirectly, as a result of any out-of-date or inaccurate information we receive from you or said third-party.

9.3.
We may put a temporary block on your Listing availability for a booking that is provisionally confirmed. Should the Deposit not be received timeously following the provisional confirmation, we will unblock your Listing’s calendar or notify you accordingly where we are not able to remove the block on your Listing’s calendar.

9.4.
An instant booking is confirmed when payment of the Deposit is made by a Guest to LekkeSlaap or when LekkeSlaap receives proof of such payment.

9.5.
Your Applicable Cancellation Policy will not apply where a provisionally confirmed booking was not confirmed.

9.6.
When the booking is confirmed, we will:

9.6.1.
inform you as such via email;

9.6.2.
if you are using the instant bookings feature on the LekkeSlaap Software, mark the booking as confirmed thereon; and/or

9.6.3.
if you are using third-party availability software, endeavour to mark the booking as confirmed thereon.

9.7.
Should LekkeSlaap, for whatever reason, be unable to mark the booking as confirmed on the third-party availability software or LekkeSlaap Software, you will still be obliged to honour the booking, provided we have sent you a timeous email confirmation thereof.



10.
PAYMENTS

10.1.
You hereby appoint LekkeSlaap as your agent, eligible to receive payments on your behalf for any booking at your Property made through the LekkeSlaap Software. These payments include Deposits or any other amounts the Guest may pay to LekkeSlaap concerning their booking at your Property, including payment of the Balance.

10.2.
You hereby authorise LekkeSlaap to appoint any sub-agents or sub-contractors to receive payments on your behalf and/or assist LekkeSlaap with payouts to you.

10.3.
For such payments, you agree to accept as paid by the Guest any amount that LekkeSlaap reports to have received.

10.4.
If you request a Deposit of less than 100% of the Total Booking Value on the LekkeSlaap Software, then it is your responsibility to collect any additional amount from the Guest that may still be outstanding. LekkeSlaap cannot take responsibility for any such outstanding payment not collected from the Guest.

10.5.
LekkeSlaap will Pay Out all amounts we collected from the Guest, subject to the deductions and qualifications stipulated in the agreement.

10.6.
LekkeSlaap reserves the right to withhold any amounts that the Guest has paid to us for any booking at your Property until 7 days after the Guest’s checkout from your Property. This allows us to ascertain whether the Guest has had a Satisfactory Stay.

10.7.
Although LekkeSlaap may offer different Payout timings than those specified in 10.6, this leniency in enforcing our right specified in the above clause shall not prejudice our right to enforce it in future.

10.8.
Some Payout timing options may offer a delayed Payout to, inter alia, simplify your accounting, and if you select one of these options, you acknowledge that a delay beyond the timings in clause 10.6 is provided as a convenience upon your request.

10.9.
The specific Payout timing options available to you via LekkeSlaap Software may vary depending on various factors and are subject to LekkeSlaap’s sole discretion. These factors may include, but are not limited to, your booking history or location and may be subject to additional fees as shown in the LekkeSlaap Software.

10.10.
Depending on various factors, including but not limited to your location, you may have a choice of various Payout methods, such as Bank Transfers or Virtual Credit Card (VCC). Payout methods made available by LekkeSlaap may incur additional fees, which will be detailed in the LekkeSlaap Software.

10.11.
It is your responsibility to provide LekkeSlaap with your correct Payout details (such as bank details), as well as proof thereof if requested. Should a change in ownership or bank account take place, you must immediately notify LekkeSlaap accordingly. LekkeSlaap will not be held responsible for payments made into incorrect accounts due to cyber-attacks, hacking or otherwise, or payments to outdated accounts if we are not notified timeously of changes to your bank details.

10.12.
You acknowledge and agree that on occasion, certain Payouts may be delayed due to unforeseen circumstances, including high usage periods that may render online banking services unusable, situations where the satisfaction of a Guest’s stay is under dispute, 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.

10.13.
LekkeSlaap may offset any amounts you may owe to LekkeSlaap for any reason against any amounts that LekkeSlaap owes you, irrespective of whether the amount to be offset and the amount due to you arose in respect of different Properties. The amounts that may be offset include, but are not limited to, our commission, fees, refunds we’ve made to Guests, costs incurred in securing a replacement booking for Guests, and interest on any of the aforementioned.

10.14.
LekkeSlaap may charge the Guest additional fees in connection with our services provided in assisting them with their accommodation booking at your Property. You will have no claim over any such fees paid to LekkeSlaap for additional services or otherwise.

10.15.
Unless the booking details have materially been adjusted, the Guest 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.

10.16.
While the funds LekkeSlaap collects from the Guest and holds on behalf of the Property for bookings made via LekkeSlaap Software may accrue interest, any such interest earned will be retained by LekkeSlaap. LekkeSlaap operates solely as an accommodation booking platform and does not fall within the legal definition of a bank as defined in the Banks Act 94 of 1990. As such, paying out interest on collected funds is beyond the scope of our business. You will have no claim or entitlement to any interest accrued on these funds and waive any right to request or receive such interest.



11.
COMMISSION

11.1.
You agree to pay commission on any bookings made at your Property by Guests who are introduced to you by LekkeSlaap or via LekkeSlaap 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 Guest. If any amount other than 15% is agreed upon, this should be done in writing or using LekkeSlaap Software.

11.3.
Should we, for whatever reason, not retain a commission on any booking, such commission will be due and payable by you immediately upon LekkeSlaap issuing a tax invoice for such commission.

11.4.
VAT will be added to the stated commission where applicable.

11.5.
LekkeSlaap 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 Deposit is paid. You can download this invoice at the end of the month by using LekkeSlaap Software.

11.6.
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.

11.7.
You hereby agree that you shall not bypass the LekkeSlaap Software when engaging with any Guest introduced to you by LekkeSlaap.

11.7.1.
Any communication between you and such Guest must be conducted via LekkeSlaap Software or LekkeSlaap staff until the Guest has paid the Deposit. If this process is bypassed, and a booking is made by the Guest at your Property, you will still be liable for our commission on the Total Booking Value of the booking.

11.7.2.
You must inform us of any material change in the confirmed or finalised booking and, if necessary, ensure that it is recorded on our Software. Such material change can include a change in booking dates or Total Booking Value.

11.8.
If your Property is VAT registered, it is your responsibility to issue the Guest with a Tax Invoice for the Total Booking Value of their stay at your Property, unless LekkeSlaap has notified you that we will be issuing the invoice on your behalf as described in the clause below.

11.9.
You grant LekkeSlaap, as your agent, the right to issue Tax Invoices to Guests on your behalf using our VAT details. LekkeSlaap 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 Guest yourself, and if your Property 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.

11.10.
You agree that you will not disclose or display LekkeSlaap’s commission to any Guest or third party, save as required by law or in execution of this agreement. For example, it should not be displayed on any statement or invoice that you provide to the Guest.



12.
DELIVERY

12.1.
You hereby agree to honour bookings reported as confirmed by LekkeSlaap, regardless of whether or not you have received any associated payments.

12.2.
Delivery on your part takes place when the Guest has physically taken up the accommodation reserved and had a Satisfactory Stay.



13.
NON-DELIVERY

13.1.
Non-delivery occurs for various reasons, including if a Guest did not have a Satisfactory Stay at your Property.

13.2.
Anticipated non-delivery occurs when LekkeSlaap reasonably expects that non-delivery may occur for an upcoming booking. Anticipated non-delivery is considered non-delivery for all purposes in this agreement.

13.3.
Examples of non-delivery include, but are not limited to, the following:

- any stay where the Guest has an Unsatisfactory Stay;
- instances where your Property has been materially misrepresented or falsely advertised on LekkeSlaap Software;
- instances of double booking, where you cannot honour the Guest’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 Guest’s booking is not honoured by new ownership or management of your Property, or due to your Property having ceased business operations;
- instances where LekkeSlaap or the Guest is unable to contact you on your supplied contact details; and/or
- inadequate or incorrect information provided to the Guest about how to access your Property on their arrival.

13.4.
Examples of anticipated non-delivery include, but are not limited to:

- LekkeSlaap’s loss of faith in your ability to offer a consistently high-quality experience;
- bad press relating to your Property;
- natural disaster in or near your region; and/or
- LekkeSlaap’s suspicion that your Property may be fraudulent.

13.5.
In the case of a non-delivered booking and where the Guest has not commenced or completed their stay, LekkeSlaap will endeavour to find the Guest a replacement booking for those nights not yet completed. LekkeSlaap will attempt to find a replacement booking that, at the very least, meets the Guest Expectation. You acknowledge that due to various factors, including but not limited to seasonality and availability, the replacement booking may cost substantially more than the Total Booking Value of the non-delivered booking.

13.6.
In the case of non-delivery and where clause 13.5 does not apply, the Guest may, at the sole discretion of LekkeSlaap, be fully or partially refunded the Total Booking Value of their booking.

13.7.
Cases of non-delivery are not subject to your usual cancellation policy or the Applicable Cancellation Policy.

13.8.
In cases of non-delivery:

13.8.1.
you will be liable for any amounts, as determined by LekkeSlaap, that may have already been paid to you for the non-delivered booking;

13.8.2.
you will forfeit any amounts, as determined by LekkeSlaap, that may be owed to you for the non-delivered booking;

13.8.3.
LekkeSlaap will retain its right to invoice you for the commission on the Total Booking Value of the non-delivered booking; and

13.8.4.
in addition, where LekkeSlaap secured a replacement booking for the Guest where they have not commenced or completed their stay, you will be liable for the difference in cost between the Total Booking Value of the non-delivered booking and the Total Booking Value of the replacement booking for those nights that were replaced.

13.9.
Any amounts as envisioned in clause 13.8 are payable by you immediately upon LekkeSlaap’s request for payment.



14.
CANCELLATIONS SUBJECT TO YOUR TERMS

14.1.
If a Guest cancels a booking, you will be liable to refund them the amount as calculated in accordance with the Applicable Cancellation Policy for that booking. Any amounts to be refunded to the Guest that have already been paid to you will immediately, upon such cancellation, be due and payable to LekkeSlaap, who will in turn refund the Guest.

14.2.
The last cancellation policy that you had presented to the Guest 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 LekkeSlaap Software, third-party availability software, messages, emails, or verbally.

14.3.
If you present a more favourable cancellation policy to the Guest 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 LekkeSlaap 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. Any aspect of the Applicable Cancellation Policy that demands additional payment beyond the Deposit 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 aforementioned Deposit, that has been paid by the Guest is always 100% refundable upon cancellation. This does not apply to any payments made with respect to any nights already stayed at the Property.

14.6.
You agree that any ambiguity in the Applicable Cancellation Policy concerning any booking will always be interpreted to the benefit of the Guest.

14.7.
LekkeSlaap reserves the right to retain all the commission and fees it has earned on any cancelled booking.

14.8.
Although LekkeSlaap may decide to pro-rata forgo its 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 and fees earned on any cancelled booking shall not prejudice our right to enforce it in future.



15.
REFUNDS TO GUESTS

15.1.
There are occasions when the Guest is due a refund of amounts which they have paid towards their booking at your Property. These refunds can be in whole or in part. Such refunds can be due for various reasons, including, but not limited to, cancellations, booking adjustments or non-delivery.

15.2.
In the event of a refund being due to a Guest, LekkeSlaap will, on your behalf, refund the required portion of the Deposit or Balance payments that the Guest had previously paid to LekkeSlaap, including, where appropriate, the commission retained by LekkeSlaap (subject to clauses 13.8.3 and 14.7).

15.3.
For those amounts that the Guest 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 Guest, unless it has been arranged with LekkeSlaap that we refund them on your behalf.

15.4.
You will be liable for all amounts that LekkeSlaap refunds the Guest in accordance with this agreement to the extent that you had previously received them, whether from us or directly from the Guest.

15.5.
Any amount that you owe to LekkeSlaap or a Guest as a result of a cancellation, a booking adjustment or non-delivery is due immediately upon written request for payment.



16.
DEBT DUE AND OWING TO LEKKESLAAP

16.1.
All amounts due to LekkeSlaap shall be due and payable immediately upon demand, which demand includes but is not limited to the issuing of an invoice and/or email notifications sent to you for amounts due.

16.2.
You may not withhold any amounts due to LekkeSlaap for any reason or offset any amounts LekkeSlaap may owe to you against any amounts due to LekkeSlaap.

16.3.
Any amounts that remain outstanding to LekkeSlaap after it became due and payable will be a debt owed to LekkeSlaap, whether such indebtedness arose from commission, fees, refunds or additional costs resulting from non-delivery.

16.4.
Any debt owed to LekkeSlaap may incur mora interest, as damages, from the date of such debt first becoming due and payable. Such mora interest shall be in accordance with the Prescribed Rate of Interest Act 55 of 1975.

16.5.
LekkeSlaap may offset your debt against other amounts we owe you.

16.6.
Irrespective of your specifications, LekkeSlaap may allocate any amounts received directly from you or via offset as we see fit, including but not limited to allocating any amounts received to the oldest debt.

16.7.
A certificate signed by a Director, Chief Executive Officer or Chief Financial Officer of LekkeSlaap stipulating the debt owing by you and further stating that such amount is due, owing and payable by you shall be sufficient proof of the amount thereof and of the fact that such amounts are so due, owing and payable in order to obtain provisional sentences or other judgment in any competent court. It will not be necessary to prove the appointment of the person signing such certificate.

16.8.
You consent to the jurisdiction of the Magistrate’s Court and that LekkeSlaap shall, at its option, have the right to institute legal proceedings in any competent Magistrate’s Court, notwithstanding that the claim or value of the debt might exceed the jurisdiction of such court.

16.9.
LekkeSlaap shall further, in its sole discretion, be entitled to Delisting your Property, employ a debt collection agency or blacklist you (whether in the industry or as a bad debtor) as a result of any debt owed to us.

16.10.
Should LekkeSlaap take legal action against you arising from a debt, we will be entitled to recover from you on demand all tracing fees, collection commission and legal costs on an attorney and own client basis.



17.
FRAUDULENT TRANSACTIONS AND FALSE PAYMENTS

17.1.
You acknowledge that in the event of a Guest’s payment being a fraudulent credit card payment, fraudulent bank deposit, fraudulent proof of payment or in the event of a Guest’s payment being reversed for any reason by the bank or any other agency, LekkeSlaap's responsibility is limited to the forfeiture of any commission we 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.

17.2.
In the event that LekkeSlaap confirms a booking based on an expectation to receive Guest payment or claims by the Guest that payment has been made, but that claim or expectation is false, you accept that LekkeSlaap 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.



18.
RUNNING OF YOUR PROPERTY & YOUR LISTING

18.1.
LekkeSlaap does not assume responsibility for the running or management of your Property in any way.

18.2.
It is your sole responsibility to, and you warrant that you:

18.2.1.
comply with all laws, by-laws, and/or community scheme rules that may apply to your Property and/or your business, which may include but are not limited to the following:

18.2.1.1.
Occupational Health and Safety Act 85 of 1993;

18.2.1.2.
Property Practitioners Act 22 of 2019;

18.2.1.3.
Financial Intelligence Centre Act 38 of 2001; and/or

18.2.1.4.
Protection of Personal Information Act 4 of 2013.

18.2.2.
hold and comply with all licenses, permits, registrations and/or authorisations necessary in terms of this agreement and the applicable laws in the jurisdiction where your Property is located to conduct your business, conclude this agreement and make your Property available on the LekkeSlaap Software;

18.2.3.
adequately and accurately insure your Property and the contents thereof;

18.2.4.
hold adequate third-party liability insurance;

18.2.5.
run a reputable business in connection with your Property that reflects well on LekkeSlaap and its brands; and/or

18.2.6.
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).

18.3.
In the event of a change in representation, ownership or management of your Property, it is your responsibility to notify LekkeSlaap immediately when such change occurs.

18.4.
It is your responsibility to ensure that in the case of new representation, ownership or management of your Property, the new representative,owner or manager will honour this agreement and any existing bookings that have been made via LekkeSlaap. You will, however, also remain liable in terms of this agreement, and you indemnify LekkeSlaap against any claim against LekkeSlaap or loss or damage suffered by LekkeSlaap of whatsoever nature and however arising as a result of the new representative, owner or manager not honouring this agreement and/or bookings that had been made via LekkeSlaap prior to such change in representation, ownership or management.

18.5.
LekkeSlaap takes reasonable steps to confirm the legitimacy of Guests, but it remains your responsibility to verify the identity of the Guests to your satisfaction.



19.
PARTNERS

19.1.
LekkeSlaap may, from time to time, partner with other websites, apps, or entities for various purposes, including but not limited to further promoting properties listed on LekkeSlaap Software.

19.2.
LekkeSlaap may, at its sole discretion, extend all rights granted to it to said partners.

19.3.
LekkeSlaap is under no obligation to inform you of any partnerships or agreements 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.

19.4.
LekkeSlaap will not be liable to you for the actions of such partners, including concerning the use of your Content.



20.
PROTECTION OF PERSONAL INFORMATION

20.1.
You confirm that you are the responsible party, as defined in the Protection of Personal Information Act 4 of 2013 (“POPIA”), (“responsible party”) for any Guest information provided to you or that you have access to via LekkeSlaap Software. And that you will comply with POPIA in all respects.

20.2.
You undertake to protect any personal information provided to you by LekkeSlaap to at least the standard required of you as a responsible party and in terms of any applicable legislation.

20.3.
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 as a responsible party and in terms of any applicable legislation.

20.4.
You undertake to inform LekkeSlaap, at legal@tripco.africa, about any suspected breach of personal information provided by LekkeSlaap or which you received or had access to via LekkeSlaap Software as soon as possible, and no more than 24 hours after your awareness of the breach.

20.5.
You acknowledge and agree that LekkeSlaap may use and process any personal information you provided to us or the we obtain from third parties for any reasonable purpose, including but not limited to, verification, regulatory compliance, fraud prevention, risk management, our legitimate interests in developing and improving our businesses, services and offerings and our legitimate interests in the effective delivery of information and the LekkeSlaap Software to users thereof and in the effective and lawful operation of our business and the legitimate interests of any potential Guest.

20.6.
For LekkeSlaap’s undertakings with respect to the protection of personal information, see our PAIA & POPI manual.



21.
AUTHORITATIVE RECORD

21.1.
LekkeSlaap’s record (automated or manual) shall prevail in any dispute about bookings, communication or transactions. LekkeSlaap may adjust any such records without prejudice upon notification of any speculative, improper or fraudulent records.



22.
CHANGE OF AGREEMENT

22.1.
This agreement or any part thereof may at any time be changed after a 48-hour notice period commencing from such time as LekkeSlaap 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 Property from LekkeSlaap Software before the expiration of said notice period.



23.
INDEMNITY & LIMITATION OF LIABILITY

23.1.
Save as otherwise provided herein, LekkeSlaap will not be liable to you for any direct or indirect loss or damage, howsoever arising, that you may suffer as a result of: the use of LekkeSlaap Software, a booking made on the LekkeSlaap platform or Guest conduct before, during or after their stay.

23.2.
You hereby indemnify us against any claim for loss or damage from a third party or a Guest arising as a result of or from your Listing, your Content, the links on your Listing or the use of the Property, whether instituted against us directly or against you and us.

23.3.
To the extent permissible by law and notwithstanding anything to the contrary set out herein, in the event that we are liable to you for any claims, damages, losses, or expenses, howsoever arising, such liability shall be limited to a maximum of the commission that you paid to us for the 12 months preceding the date on which such liability arose.



24.
WARRANTIES

24.1.
You warrant that for the entire period of validity of this agreement, you have the necessary authority, mandate and/or power to:

24.1.1.
advertise the Property on LekkeSlaap Software;

24.1.2.
provide short-term leisure accommodation services to Guests in respect of the Property; and

24.1.3.
provide all necessary information, whether personal or not, to complete the Listing of the Property.

24.2.
You warrant that this agreement shall at all times be honoured by you and by the owner(s) and/or manager(s) of your Property, should you not be such owner and/or manager and that you will remain fully liable for such owner and/or manager’s actions.

24.3.
You warrant that any person or entity (whether an employee, representative, assignee, service provider or any other person) which purports to act on your behalf while using LekkeSlaap Software or in any form of communication with LekkeSlaap or Guests is duly authorised to act on your behalf and that you will be bound by their conduct.

24.4.
Should either party hereto be acting on behalf of a juristic person or trust, the party so acting warrants their authority to bind such juristic person or trust.



25.
GENERAL USE OF SOFTWARE

25.1.
The LekkeSlaap Software is owned and operated by LekkeSlaap. All databases, information and systems are the property of LekkeSlaap.

25.2.
Neither LekkeSlaap 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 LekkeSlaap Software or the services or content provided from and through LekkeSlaap Software. Furthermore, LekkeSlaap makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available via LekkeSlaap 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.

25.3.
The LekkeSlaap 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 that the service available from and through this software will meet your individual requirements and be compatible with your hardware and/or software.

25.4.
The LekkeSlaap Software contains material which is owned by or licensed to LekkeSlaap. 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 rights holder, or to the extent that such use is incidental to your use of LekkeSlaap Software.

25.5.
The LekkeSlaap Software may further contain or set out programmes or features available to you; such programmes and features shall be subject to the conditions stated on the Software, as may be amended from time to time.

25.6.
Unauthorised use of LekkeSlaap Software may give rise to a claim for damages by LekkeSlaap and/or be a criminal offence.

25.7.
You, and any person acting on your behalf, may only use the LekkeSlaap Software and platform for bona fide purposes, which is to list and advertise your Property for short-term leisure accommodation.

25.8.
Your use of LekkeSlaap Software and any dispute arising out of such use of the software is subject to the laws of South Africa.

25.9.
We undertake to maintain the LekkeSlaap 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 the LekkeSlaap Software.

25.10.
We shall not be liable for any direct or indirect loss or damage suffered whatsoever as a result of “hacking” of LekkeSlaap Software, planned or unplanned outages or the actions of service providers.

25.11.
You hereby indemnify and hold us harmless in respect of any claim arising from any “hacking” or other outage of service.



26.
GENERAL

26.1.
This agreement will in all respects be governed and construed under the laws of the Republic of South Africa.

26.2.
The parties hereby consent to the jurisdiction of the Cape Town Magistrate’s Court and the Cape Town High Court in relation to any matter to be brought before a court in respect of or arising out of this agreement.

26.3.
This agreement constitutes the whole of the agreement between the parties, save to the extent otherwise provided herein.

26.4.
Any failure or delay on the part of LekkeSlaap to exercise any right, power or privilege hereunder will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

26.5.
LekkeSlaap may transfer any right or obligations (in whole or in part) set out in this agreement to its Related Entities and/ or any third party without obtaining any consent from you.

26.6.
If any term or any part of a term of this agreement is determined to be invalid, illegal, unlawful or unenforceable to any extent, that term, or the relevant part thereof shall be severed from the remaining terms, conditions, provisions and performance of this agreement, or amended to make it valid, legal, lawful and enforceable, in such a manner as to leave the amended agreement substantially the same, and this agreement so amended shall remain in force and effect.

26.7.
Reference to any statutory enactment shall be construed as a reference to that enactment as at the commencement date of this agreement and as amended or substituted from time to time.

26.8.
The rule of construction that this agreement shall be interpreted against the party responsible for the drafting of this agreement shall not apply.

26.9.
You choose as your domicilium citandi et executandi the physical address and/or email address indicated on your LekkeSlaap Account for service of any notices or processes.

26.10.
The termination of this agreement shall not affect the rights and obligations of the parties capable of enduring beyond the termination of the agreement. In particular, the termination of the agreement will not affect the rights and obligations of the parties in respect of:

26.10.1.
any cause of action or claim that arose prior to the termination; and/or

26.10.2.
bookings made by Guest(s) at the Property before the termination and any rights or claims auxiliary to such bookings or arising from such bookings, whether in favour of either of the parties or the Guest(s).

26.11.
Merely Delisting your Property, whether effected by you or LekkeSlaap, shall not result in the termination of the agreement; the agreement, as applicable immediately before the Delisting, shall continue to be enforceable.

26.12.
This agreement is available in English and Afrikaans. In the event of any conflict, inconsistency, contradiction, or ambiguity between the English and Afrikaans versions of this Agreement, the English version shall prevail and be used for purposes of interpretation.

For a copy of the Tripco PAIA & POPI manual, please click here.