GENERAL
Ponta Bookings Services
Ponta Bookings is a provider of leisure accommodation which provides electronic booking platforms which allows the public to make accommodation reservations from third-party suppliers.
Acceptance of this Agreement by You
The Ponta Bookings website and services may be used subject to the terms and conditions outlined in this document.
By using this website or associated services, you will be deemed to have agreed to be bound by it. If you do not agree to be bound by this agreement, please log out and refrain from using the Ponta Bookings website and its services.
This agreement or any part thereof may be amended at any time without prior notice. Any amendments will be posted on this page.
Acceptance of this Agreement by All Travellers
By accepting this agreement, you also do so on behalf of behalf of all travellers included in your booking made through Ponta Bookings’s website or services and represent that you have the authority to do so.
The Entire Agreement
This agreement constitutes the entire agreement between you and Ponta Bookings and supersedes any and all prior
representations, agreements, policies and understandings of whatsoever nature.
To the extent that any part of this user agreement is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall to that extent be severable from the remaining terms, all of which shall remain enforceable and applicable, as permitted by law.
Failure to Enforce
Any failure by Ponta Bookings to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. Ponta Bookings has the right to cede, assign or otherwise transfer its rights and obligations in terms of this user agreement to any third party.
Legal Fees
In the event that Ponta Bookings has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Ponta Bookings is successful in the enforcement of such rights, the client will be liable for all legal fees.
Jurisdiction
The laws of South Africa govern this agreement. You agree that any cause of action that may arise under this user
agreement shall be commenced and heard in the appropriate court in South Africa.
Disclaimer
Neither Ponta Bookings, nor any of its owners, employees, representatives, agents, consultants, suppliers, service providers or sub-contractors (“Indemnified Parties”), shall be liable for any direct, indirect, special or consequential losses or damages of whatsoever nature that may result from:
- your access to or use of this website; or
- your purchasing and/or using any of the products and services available on this website; or
- the unavailability of any of the products or services provided on this website; or
- the use of hyperlinks on this website or the use of or reliance on any website from which you hyperlink to or from this website; or
- information or material which you have submitted to Ponta Bookings which violates any law or breaches any third party’s rights (including, but not limited to, defamation, invasion of privacy, breach of confidence or infringement of copyright or any other intellectual property rights).
- your interaction with any Supplier. Such interactions may include but are not limited to, any stay made at any accommodation booked through Ponta Bookings’s website or services provided.
- the interaction of any traveller associated with any booking made through Ponta Bookings’s website or services with any Supplier. Such interactions may include but are not limited to, any stay made at any accommodation booked through Ponta Bookings or any services provided by Ponta Bookings.
You hereby indemnify and hold harmless the Indemnified Parties against any losses, damages, liability, claims or costs of whatsoever nature, whether compensatory, direct, incidental, consequential or otherwise, incurred by the Indemnified Parties arising from or in any way related to (1) to (7) above.
The Company reserves the right to defend and control any claims arising from the preceding information, and you agree to co-operate fully with Ponta Bookings in any such defences.
WEBSITE USE
If you use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern Ponta Bookings’ s relationship with you in relation to this website. The term ‘Ponta Bookings’ or ‘us’ or ‘we’ refers to the owner/s of the website.
Users may access and browse this website for legitimate personal purposes only and may not use this site for harmful, illegal, offensive or prohibited purposes.
Names, e-mail addresses or telephone numbers published on the website may not be used for electronic or tele-marketing purposes.
Intellectual Property Rights
This website contains material which is owned by or licensed to Ponta Bookings. This material includes, but is not limited to, the design, layout, look, logo/s, text, copy, photographs, software, databases, hyperlinks, domain names, appearance and graphics.
As a visitor to this website, you may view, download and / or print parts of this website as may reasonably be required for your own private and non-commercial purposes only. Copying or downloading for commercial or business purposes is prohibited.
You may not;
Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties.
Amend, copy, use, decompile and/or reverse engineer the source code of this website.
Use logos or images from this website as hyperlinks or for any other purpose without Ponta Bookings’s written consent.
Link to any other pages in a manner that would incorrectly suggest endorsement or support from Ponta Bookings, or that suggests you are the owner of any intellectual property belonging to Ponta Bookings.
Use the website other than to make legitimate accommodation reservations and/or enquiries.
Use the website to make any false, fraudulent or speculative reservation for personal financial gain or otherwise.
Supplier Content on this Website
Ponta Bookings undertakes to take reasonable care to ensure that the information provided by third-party suppliers on this website is accurate and up to date.
However, we make no warranties concerning the accuracy or completeness of the information supplied by the Suppliers listed on this website or of information supplied by users of this website.
We endeavour to maintain the technology supporting our website so that the service will be free from errors or interruptions. You are encouraged to contact us regarding any malfunctions or site errors.
You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on this website to Ponta Bookings and we shall endeavour correct and/or remove such content, or any part thereof.
While every effort is made to ensure that all information on the site is updated and correct, Ponta Bookings shall not be liable for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to Ponta Bookings through this website.
Security
Ponta Bookings shall take all reasonable steps to secure the content of this website, as well as the information from you, from unauthorised access and/or disclosure. We do not, however, make any warranties or representations that the content of this website shall be entirely safe or secure.
Ponta Bookings will not be liable for any direct or indirect loss or damage suffered whatsoever as a result of hacking of this website.
We recommend that you install anti-virus software before downloading any material from this website and ensure that such software is compatible with your equipment and regularly updated.
You may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of any restricted pages, products and services on this website and Ponta Bookings reserves the right to claim damages from any persons who are directly or indirectly involved in the development, use and distribution of such devices or programmes.
If you commit any of the offences set out in sections 85 to 88 of the ECT Act, you shall, notwithstanding any criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by Ponta Bookings due to or related to such offences.
No Warranty
This website is supplied on an “as is” basis, without any warranty of any kind, express or implied, as to the operation of this website, the accuracy of the information or the products or services referred to on this website 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 user agreement with Ponta Bookings that the service available from and through this website will meet your individual requirements and be compatible with your hardware devices and/or software.
BOOKING TERMS
Acceptance of This Agreement By All Travellers
By accepting this agreement, you also do so on behalf of behalf of all travellers included in your reservation made through Ponta Bookings and represent that you have the authority to do so.
It is your responsibility to provide correct information when making reservations with Ponta Bookings, as well as to assess the suitability of the accommodation before confirming your booking. Furthermore, you are responsible for checking the accuracy of all information before confirming the booking with a payment.
Accepting Instruction
Ponta Bookings may accept instructions relating to a reservation from any party with access to the email account or cellphone number used for the booking, or with substantive knowledge of the booking (such as the reference number).
Terms of the Suppliers
In some circumstances, Suppliers will have their own Terms and Conditions that apply to your reservation. These Supplier Terms & Conditions will be included in the booking documentation sent to you.
You acknowledge that Ponta Bookings acts as an agent of the Supplier. Any right of recourse that you may have regarding the supplied travel service will be directly with the Supplier, although Ponta Bookings is always willing to assist wherever possible.
Cancellation Policy
The cancellation policy will be included with your booking documentation.
In the event that you cancel your reservation for any reason, such cancellation must be made in writing. You will be liable for the cancellation penalties as stated on the booking documentation.
No refunds will be made for no-shows, late arrivals, early departures or any unused services.
On receipt of a written instruction from you to cancel a reservation, any amount owed to you by the Supplier, in terms of the cancellation policy, will be refunded by the Supplier to Ponta Bookings. Ponta Bookings shall on-pay the received refund to you within 7 days of receiving the funds from the Supplier.
Ponta Bookings shall not be obliged to make any payments to you in the event that you are not entitled to a refund, or the funds cannot be recovered from the Supplier.
Postponements requests are subject to approval by the suppliers and if granted, may incur an admin fee.
Bookings Cancelled by Supplier
In the event that, after you have made payment for a booking, a Supplier no longer has your selected service, or
accommodation available, Ponta Bookings will undertake to find you a suitable alternative or, failing that, will assist as far as possible in recovering your funds from the Supplier.
While Ponta Bookings makes every effort to engage Suppliers who offer quality accommodation, it does not have direct control over the services provided by suppliers and shall not be liable for any loss, damage, injury, additional cost, accident, power outage, plumbing or other irregularity that may be occasioned by any error or default, act or omission of any supplier in carrying out the reservation arrangements.
Furthermore, Ponta Bookings accepts no liability for changes, omissions or delays occasioned by technical difficulties, malfunction of appliances, weather conditions, border closures, civil unrest, strikes, riots, pandemics, epidemics, communication breakdowns or events beyond the control of Ponta Bookings.
If, in the opinion Ponta Bookings or the relative Supplier, the fulfilment of the accommodation is considered impossible or inadvisable because of weather conditions, structural defects, unrest, fire damage, excessive high tide damage, strikes, war and/or any other adverse factors beyond our control, Ponta Bookings may at any time cancel the booking, or what remains of it, as it deems fit, and any losses and expenses resulting from such cancellation or alteration shall be for the account of the customer.
In order to confirm your booking, Ponta Bookings transfers your accommodation payments, in good faith, to the
accommodation Supplier’s (or their agents and representatives) bank accounts. Ponta Bookings will not be held liable should these funds in any way be misappropriated by the Suppliers or their agents. Nor will Ponta Bookings be liable should the Supplier or agent abscond, be insolvent or close /terminate their service.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement or reservation which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, disease, epidemics, pandemics, earthquake, fire, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or reservation entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Rates/Quotations
All rates published on this website are a guide and are subject to supplier availability and confirmation. Rates are subject to change without notice. This may result in a rate change between time of booking enquiry and final quote.
Quotations are subject to availability of the Supplier.
Pricing errors occasionally occur. Should a pricing error occur after quoting or invoicing a client, Ponta Bookings will reprice, even if the amount has been paid for.
Service Fees
Ponta Bookings may charge you fees for services related to bookings, such as for placing, forex transfer costs, postponing, modifying, amending, after hour’s service or cancelling the booking. Service Fees are non-refundable in the case of a cancellation.
Accuracy of Supplier Content
Ponta Bookings undertakes to take reasonable care to ensure that the information provided by Suppliers is current and accurate.
However, we do not perform site inspections of the Supplier properties. We accordingly make no warranties concerning the accuracy or completeness of the information, facilities, electronic equipment and appliances, services or the photographs supplied by the Supplier listed on our website.
Ponta Bookings shall not be liable should the accommodation not be according to client’s expectations.
While we endeavour to ensure that all information on the website is updated and correct, Ponta Bookings shall not be for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever, which may be caused, directly or indirectly.
Dissatisfaction
If, for any reason, on arrival, you are dissatisfied with the accommodation booked, please contact Ponta Bookings
immediately. If your dissatisfaction emerges during the course of your stay at the establishment booked through Ponta Bookings, you are encouraged to contact Ponta Bookings immediately so that, where possible, the situation can be rectified for the remainder of your stay. We do not, however, guarantee that we will be able to resolve the issue to your satisfaction.
Payment and Penalty Fees
Payment shall be due and payable by you on or before the time periods set out in the invoice provided to you. Ponta Bookings, on instruction from the Supplier, shall be entitled to cancel any reservation where payment (including deposits) has not been made by due date.
Where a deposit has been paid and the reservation is subsequently cancelled by Ponta Bookings or the Supplier for failure to pay the balance outstanding, the deposit paid will be forfeited to the Supplier including any commissions due to Ponta Bookings.
Reservation confirmation vouchers will only be emailed to you on receipt of full payment and completed booking forms and travel declarations (if applicable).
Breakages/Losses/Damages to Supplier’s Property
Any loss, breakage or damage to the rented property and/or its contents must be paid for, whether accidental or intentional. Any lost keys or keys not returned may result in locks & keys being replaced and the guest held accountable for such charges.
Should such damage or loss be more than any breakage deposit paid, you will forfeit your deposit and still be liable for the balance of such loss and/or damage.
Any deductions from the breakage/damage deposit for broken/missing items are at the sole discretion of the homeowner’s evaluation and replacement cost.
Should there be any damage to the building, guests will be responsible for any damage caused to the property by acts or omissions, default, accident, or neglect.
Ponta Bookings do not participate in breakage deposit disputes between Suppliers and Clients.
The property owners/suppliers reserve the right to proceed with legal action should the client not re-imburse the supplier with the full replacement cost of the damages to the property and/or contents.
Travel Documents
You will be personally responsible for ensuring that you and your group of travellers are in the possession of and have complied with the correct travel documentation including valid passports, valid birth certificates, visas, vaccinations and health requirements.
Ponta Bookings shall not be responsible for any consequences whatsoever should you fail to ensure that you have complied with the necessary health, passport, visa, re-entry permits, or other legal requirements. Due to the constantly changing requirements of each country, Ponta Bookings shall not be responsible or liable for any information, which it or its representative may furnish to the traveller in relation to the above. The onus shall remain on you at all times to ensure that you have complied with such requirements.
Travel Insurance
Ponta Bookings recommends that you purchase travel insurance cover to ensure that you are adequately protected from the risks associated with travelling. You should ensure that you are adequately protected against loss for reasons of illness, epidemics, pandemics, inclement weather, cancellation, injury, damage to your baggage, theft, border closures or any other possibility.
Social Media
You agree that your use of our social media pages which include but are not limited to Facebook and Instagram, will not be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy, or otherwise contain objectionable comments and/or content. We do not tolerate any form of discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation or age.
We reserve the right to remove any comment, thread or content without prior warning to you. We also reserve the right to bring legal proceedings against any individual for a breach of these rules or law generally or take such other action as we reasonably deem appropriate.
Pandemic Restrictions
Clients acknowledge that travelling during a pandemic is at their own risk.
Travel restrictions and alert levels are subject to change. We recommend checking the official website:
https//sacroronavirus.co.za
Limitation of Liability
In the event that, notwithstanding the remaining provisions of this user agreement, we are liable to you for any damages, such liability shall be limited to a maximum of the monies paid by you to Ponta Bookings.
Indeminity Waiver
You acknowledge and agree that there may be risks associated with your stay and you agree that you specifically indemnify and hold harmless Ponta Bookings, its agents, owners, employees and representatives against any claims, damages, liability or responsibility for any harm, injury, damages or loss to yourself or any person or fellow guest, including to property and including any loss of support or earnings (both past or future) of whatsoever nature and howsoever arising from or connected with your stay at any accommodation/property booked on your behalf by Ponta Bookings, whether or not such claims are caused by any act or omission, negligent or otherwise, of Ponta Bookings or anyone else connected to the accommodation/property.
If you have any questions about these Terms & Conditions, please contact us info@pontabookings.com
