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Terms & Conditions
 
Terms and Conditions

1. TERMS OF USE

These Terms and Conditions ("the Terms and Conditions") govern your use of the Bottom Line Hospitality CC ("Bottom Line") website located at the domain name www.bottomlinehospitality.co.za ("the Website") and www.bedbutler.co.za. By accessing and using the Website, you agree to be bound by the Terms and Conditions set out in this legal notice without modification. Your use of this website constitutes your agreement to all such terms, conditions, and notices. If you do not wish to be bound by these Terms and Conditions, you may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.

Bottom Line Hospitality Consulting CC reserves the rights to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is your responsibility to periodically check these Terms and should you continue to use the Website following the posting of changes or updates your use will be considered notice of your acceptance to abide by and be bound to these Terms including the changes/updates.

For the purposes of this Agreements terms like "our", "we" and/or "us" shall mean Bottom Line Hospitality Consulting CC and the terms "you" and "your" shall mean the user or the customer visiting the Website and/or booking a reservation through us directly through this Website, or indirectly through any of our affiliates through whom we provide services.

2. WEBSITE CONTENTS AND LIMITATION ON USE OF WEBSITE

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to accommodation descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your booking).

This Website is for your personal and non-commercial use. You agree that the accommodation services available on this Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that misuse, exploit, or abuse of the travel,reservation or any other services available on this Website may result in you being denied access to such services and we reserve the right to take legal action if necessary.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Bottom Line Hospitality Consulting CC.

Bottom Line Hospitality Consulting CC reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

3. YOUR WARRANTIES TO US

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this Website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by this agreement.

The content and information on this Website (including, without limitation, price and availability of accommodation services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your accommodation vouchers (and related documents) for travel or services purchased through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website.

In addition, whether or not you have a commercial purpose, you agree not to:

(i) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(ii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or

(iv) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission.

4. TERMS OF SERVICE

4.1 General

This Website is provided solely to assist customers in determining the availability of accommodation and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. Separate terms and conditions will apply to your reservation and purchase of accommodation and services that you select. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products or services. You understand that any breach of any such supplier's terms and conditions may result in cancellation of your reservation(s) or purchase, in your being denied access to any accommodation establishments in your forfeiting any monies paid for such reservation (s) or purchase and in Bottom Line Hospitality Consulting CC debiting your account for any costs Bottom Line incurs as a result of such breach. You shall be solely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website including but not limited to all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf. Whether or not such uses were performed with your consent.

4.2 Prepaid Accommodation Reservations

You acknowledge that Bottom Line Hospitality Consulting CC pre-negotiate room rates with hotel suppliers to facilitate the booking of reservations on your behalf. Bottom Line Hospitality Consulting CC makes rooms available to you after adding additional amounts to the pre-negotiated room rates which Bottom Line Hospitality Consulting CC retains as compensation for their services. You authorize Bottom Line Hospitality Consulting CC to book reservations on your behalf at the room rate quoted when you requested the reservation. You agree that your credit card will be charged by Bottom Line Hospitality Consulting CC for the full fee of your reservation. Upon submitting your reservation request you authorize Bottom Line Hospitality Consulting CC to facilitate accommodation reservations on your behalf, including making payment arrangements with accommodation suppliers. Our service fees vary based on the amount and type of accommodation reservation.

4.3 Cancellations

You may cancel or change your prepaid accommodation reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the accommodation establishment's reservation. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the accommodation establishments you reserved, which varies from establishment to establishment (usually 24 to 72 hours) prior to your date of arrival), you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. You must make refund requests for no-shows or early checkouts within 14 days after checkout. Any refund for the administration fee for BedButler Services with regards to checking out early or for no shows will be given at the sole discretion of Bottom Line Hospitality Consulting CC. You agree to pay any cancellation or change fees that you incur. In limited cases, some accommodation establishments do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the accommodation establishment.. You agree to abide by the terms and conditions imposed with respect to your prepaid accommodation reservations.

5. LIABILITY DISCLAIMER AND INDEMNITY

You expressly agree that use of the Website, specifically including any election by you to provide certain personal information, are entirely at your own risk. Neither Bottom Line Hospitality Consulting CC nor any of its agents or representatives shall be liable for any direct or indirect special, consequential or other damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website or of any linked website, even if Bottom Line Hospitality Consulting CC is expressly advised thereof.

Furthermore, Bottom Line Hospitality Consulting CC makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to Bottom Line Hospitality Consulting CC.

This Website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Bottom Line Hospitality Consulting CC that the service available from and through this Website will meet the user's individual requirements and be compatible with the user's hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Bottom Line Hospitality Consulting CC and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Bottom Line disclaim all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, accommodation or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

You agree to defend, indemnify and hold Bottom Line Hospitality Consulting CC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.

6. LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than Bottom Line Hospitality Consulting CC. Such hyperlinks are provided for your reference only. Bottom Line Hospitality Consulting CC do not control such Websites and are not responsible for their contents or your use of them. Bottom Line Hospitality Consulting CC and BedButler' inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators.

7. PRIVACY POLICY

Bottom Line Hospitality Consulting CC receives various types of information ("the Information") from users who access the Website. Bottom Line Hospitality Consulting CC makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Bottom Line Hospitality Consulting CC will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Bottom Line Hospitality Consulting CC or BedButler through the Internet, or that you expressly or implicitly authorise Bottom Line Hospitality Consulting to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Bottom Line Hospitality Consulting CC, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions.

Bottom Line Hospitality Consulting CCrequires certain personal information to provide the services required to you. Bottom Line Hospitality Consulting CC receives and stores all Information you enter on the Website or give to Bottom Line Hospitality Consulting CC, in any other way. You may choose not to provide certain Information, but that may limit the services that you may wish to obtain from Bottom Line Hospitality Consulting CC . Bottom Line Hospitality Consulting CC provides its services in conjunction with its affiliates and service providers. Your information that is required to give effect to transactions that you choose to enter into is shared with those entities.

Bottom Line Hospitality Consulting CC do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our customers and usage of the Website to business partners and affiliates, including, but not limited to, its advertisers, suppliers and other selected third parties. Bottom Line Hospitality Consulting CC may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

You may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Bottom Line Hospitality Consulting CC uses this information to determine use of the Website, and to improve content thereon. Bottom Line Hospitality Consulting CC assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Bottom Line Hospitality Consulting CC aspires to provide first-class service to its customers, which necessitates Bottom Line Hospitality Consulting CC providing information to you regarding new services or special offers. In each instance, you are provided an opportunity to opt-out of such information circulars. For more information, please contact the Bottom Line Hospitality Consulting CC Help Desk.

Bottom Line Hospitality Consulting CC understands that efficiency and customer care translates to good service. Bottom Line Hospitality Consulting CC and may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Bottom Line Hospitality Consulting CC will inform you how the information gathered will be used, and will provide you with the opportunity to opt-out from such surveys.

Bottom Line Hospitality Consulting may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

8. COPYRIGHT AND INTELLECTUAL PROPERTY

Bottom Line Hospitality Consulting CC provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Bottom Line Hospitality Consulting CC, its affiliates and/or subsidiary, or any other third party owners of such content ("the Content"). Users may download, view and print content from this Website for private and non-commercial use only. All such proprietary works, and the compilation of the proprietary works, are copyright Bottom Line Hospitality Consulting CC and is protected by South African and international copyright laws. Bottom Line Hospitality Consulting CC reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by Bottom Line Hospitality Consulting .

Bottom Line Hospitality Consulting cannot screen or edit all the content available from the BedButler Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Bottom Line Hospitality Consulting CC of any content that may be offensive or illegal.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

9. REFERENCING

Referencing pages herein through links is allowable under the following conditions:

There must be no attempt to disguise Bottom Line Hospitality Consulting CC. Bottom Line Hospitality Consulting must be cited in the reference. The URL of the referenced page must be clearly visible. Referenced pages must not be displayed in frames. References may not be made to pages contained within frames. Instead the reference must be made to the parent document.

References to other websites or pages herein have been made in accordance with the conditions which we impose on others. It is never our intention to disguise authorship. We believe that it is in the interest of Internet users that such references are made so long as there is not an unfair attempt to exploit other people's work

10. GENERAL

Should you make a reservation or enter into any agreement through this Website, you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms and Conditions or the use of the Website.

This Website is hosted, controlled and operated from the Republic of South Africa and therefore at all times governed by. South African Law.

You agree that no joint venture, partnership, or employment relationship exists between you and Bottom Line Hospitality Consulting CC as a result of this agreement or use of this Website.

This Agreement constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Bottom Line Hospitality Consulting CC shall not be construed as a waiver or variation of any of our rights or remedies.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from this Agreement and shall not affect the enforceability and validity of the remaining items of the Agreement.

In the event that you need to contact Bottom Line Hospitality Consulting for purposes related to these Terms and Conditions, please use the following:

Telephone: 021 556 1009 or 082 4687111

Fax: 088 021 5561009

Email: adine@bottomlinehospitality.co.za

© (Adine Perel) (insert date) 10 December 2007

This Website was most recently updated on the (insert date of most recent update)

11. Terms and Conditions

BedButler is a marketing tool for accommodation establishments by displaying on line availability and finding suitable accommodation for the members and clients for which they can search, book and pay online.

11.1 Booking policy

Subject to availability and receipt of payment, the bookings can be processed and confirmed immediately and requests will be processed within 24 hours and confirmed by e-mail and/or a telephone call.

11.2 Refunds policy

Accommodation on BedButler is subject to availability. Cancellation of the accommodation will have to be requested by phone or email and a refund will be determined on the nature of the circumstances. Cancellation of accommodation by the client will attract a 100 % administration fee.

11.3 Customer privacy policy

BedButler shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

11.4 Payment options accepted

Payment may be made via Visa, Master Card, credit cards or by bank transfer into the Bottom Line Hospitality or "BedButler" bank account, the details of which are produced on the system.

11.5 Credit card acquiring and security

Credit card transactions will be acquired for BedButler by Paygate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. Paygate use SSL3 and no credit card details are stored on the website.Users may go to www.paygate.co.za to view their security certificate and security policy.

11.6 Customer details separate from card details

Customer details will be stored by BedButler separately from card details which are entered by the client on Paygate's secure site. For more detail on Paygate refer to www.paygate.co.za

11.7 Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).

11.8 Country of domicile

This website is governed by the laws of South Africa and BedButler chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature Table View, Cape Town, South Africa.

11.9 Variation

BedButler may, in its sole discretion, change this agreement or any part thereof at any time without notice.

11.10 Company information

This website is run by "Bottom Line Hospitality Consulting CC" Trading as BedButler based in South Africa with the sole owner Adine Perel (SA);

 
 
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