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WCS Big Five Terms and Conditions

WEBSITE, SERVICES & PRODUCTS TERMS AND CONDITIONS

1. Introduction

1. WCS Big Five Promotions (Pty) Ltd provides the information and services offered to you via this website subject to the terms and conditions set out herein. These terms and conditions govern the use of the website located at www.wcsbig5.com.


2. By accessing the WCS Big Five Promotions (Pty) Ltd website and using any of the services and information offered via the website from time to time, you shall be deemed to have agreed to all the terms and conditions set out herein.


3. WCS Big Five Promotions (Pty) Ltd may at any time update and/or amend, add or remove from these terms and conditions from time to time and your continued use of the website will be subject to the terms and conditions in force at the time of your use. Changes to the terms and conditions will become effective upon such changes being posted to this website.


4. It is the user’s obligation to periodically check the terms and conditions. Accordingly, you agree to review these terms and conditions periodically, and your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions of this website.

2. Use of the Website

1. The WCS Big Five Promotions (Pty) Ltd website is provided to assist you in determining the availability of accommodation and related goods and services and to make legitimate reservations.


2. You agree to be responsible for your use of this website (as well as for use of your account by others, including without limitation any person under the age of eighteen years of age).


3. You understand that abuse of the facilities of this website may result in you being denied access to such facilities at the sole discretion of WCS Big Five Promotions (Pty) Ltd.


4. For any reservations or other services of which fees may be charged, you agree to abide by these terms and conditions as well as that payment of all other accounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services.


5. You shall be completely responsible for all charges, fees, duties and taxes arising out if the use of this website.


6. The user 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 e-mail address or any other distinguishing information. This information is aggregated to measure the number visits, average time spent on the website, pages viewed, etc.


7. WCS Big Five Promotions (Pty) Ltd. uses this information to determine use of the website and to improve the content thereon.


8. The website, content and all products and/or services are offered on an “as is” basis and may include inaccuracies or typographical errors.


9. WCS Big Five Promotions (Pty) Ltd. assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation.

3. Content of the Website

1. Whilst every effort is made to update the information provided on this website on a regular basis, WCS Big Five Promotions (Pty) Ltd makes no representations or warranties, whether express or implied in law or otherwise, as to the accuracy, completeness or reliability of information contained on any of the pages comprising the website and shall not be bound in any matter by any information contained on the website or any of the pages comprising the website.


2. No opinions, information, data or content contained on the website shall be construed as advice and same are offered for information purposes only.


3. WCS Big Five Promotions (Pty) Ltd gives no warranties and makes no representations as to the accuracy, completeness or reliability to any such opinions, information, data or content.


4. WCS Big Five Promotions (Pty) Ltd reserves the right to make changes to the website and/or content or to products and/or services offered through the website at any time without prior notice.

4. Copyright and Intellectual Property Rights

1. This website is solely for your personal and non-commercial use.


2. Copyright and all intellectual property rights in all materials made available through this website are owned by WCS Big Five Promotions (Pty) Ltd or is the lawful user thereof and is protected by both South African and international intellectual property right laws.


3. The user may not access, display, use, download and/or otherwise copy or distribute the content obtained on the website for marketing or other purposes without the written consent of WCS Big Five Promotions (Pty) Ltd.


4. Nothing contained on this website should be construed as granting any licences or right to use any content or information without the prior written permission of WCS Big Five Promotions (Pty) Ltd.

5. External Links

1. External links may be provided for your convenience, but they are beyond the control of WCS Big Five Promotions (Pty) Ltd and no representation is made to their content.


2. Use of any external links provided is at your own risk.

6. Children

1. If you are under the age of eighteen years of age, you may use this website only with the supervision of a parent or guardian.


2. If you represent that you are of sufficient legal age to use this website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of this website and the services.


3. You agree to supervise all usage by minors of this website under your name or account.

7. Verification

1. You acknowledge and agree that WCS Big Five Promotions (Pty) Ltd shall be entitled to establish the authenticity of any communication transmitted to it by way of the internet which purports to emanate from you.


2. You agree that all instruction, consents, commitments, reservations and any other communications which purport to emanate from you which are sent to WCS Big Five Promotions (Pty) Ltd by way of the internet and which may (as a result of, inter alia, interception, equipment, malfunction, the distortion of communication links or any other reason whatsoever) be different from the details, actually sent or given or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by WCS Big Five Promotions (Pty) Ltd in regard thereto.

8. System Availability

1. WCS Big Five Promotions (Pty) Ltd will use reasonable endeavours to maintain full system availability, except during scheduled maintenance periods.

9. Warranties

1. You warrant that every instruction and all information given by you to WCS Big Five Promotions (Pty) Ltd shall be accurate, true and correct.


2. WCS Big Five Promotions (Pty) Ltd makes no warranties, representations, statements or guarantees (whether express, implied in law or otherwise) regarding the website, any services provided via this website or the suitability of any of the services for a particular purpose.


3. As WCS Big Five Promotions (Pty) Ltd provides certain services by you via the internet, WCS Big Five Promotions (Pty) Ltd makes no representations, nor gives any warranties or guarantees of any nature as to the availability of any communications network or systems of any third party on whom you or WCS Big Five Promotions (Pty) Ltd rely to provide any of the services.

10. Applicable law

1. The website is controlled, operated and administered by WCS Big Five Promotions (Pty) Ltd from its offices within the Republic of South Africa.


2. Access to the website from territories or countries where the content or purchase of the products sold or services offered are is illegal, is prohibited.


3. The user may not use this website in violation of any South African export laws and regulations.


4. If the user accesses the website from outside the Republic of South Africa, the user is responsible for compliance with all South African Laws.


5. The terms and conditions shall be governed by the law of the Republic of South Africa.


6. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent and purpose of these terms and conditions, and the remainder of these terms and conditions shall remain in force and effect.


7. These terms and conditions shall constitute the entire agreement between the parties.


8. Any claim, dispute or impasse relating to these terms and conditions shall by governed by the laws of the Republic of South Africa without giving any effect to any principles of conflict of law.


9. Headings are for convenience only and not for use in interpretation of these terms and conditions.

11. Disclaimer

1. WCS Big Five Promotions (Pty) Ltd shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect of consequential), personal injury or expense of any nature whatsoever which may be suffered by the user or any third party as a result of or which may be attributable, directly or indirectly, to your use of or reliance on any information provided on and via the website or any pages of the website, any e-mails sent from the website, services provided via this website, any viruses that may infect your computer or other property on account of your access to and/or use of this website, use of content, data or information made available via the website, any failure, delay or unavailability of the website or any services offered via the site for any reason whatever and the supply, or failure or delay in supplying any of the services offered via the website.


2. You indemnify and hold harmless WCS Big Five Promotions (Pty) Ltd in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.


3. You wave any rights you may have obtained against WCS Big Five Promotions (Pty) Ltd arising directly or indirectly of whatsoever nature which you may suffer as a result of the fact that WCS Big Five Promotions (Pty) Ltd acts on your instructions purported to emanate from you.


4. You agree to and hereby indemnify WCS Big Five Promotions (Pty) Ltd against all an any claims, liabilities, losses, costs, fines, damaged and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that WCS Big Five Promotions (Pty) Ltd has acted on your instructions or instructions which purport to emanate from you.


5. WCS Big Five Promotions (Pty) Ltd will supply all goods to the delivery company in good order. WCS Big Five Promotions (Pty) Ltd will not be held liable for the condition.

12. Reservations

1. Rates are for accommodation only unless otherwise specified. Valid passport and/or ID may be required for each guest at the accommodation facility.


2. All accommodation provided in terms of any booking made on this website will be subject to the standard WCS Big Five Promotions (Pty) Ltd terms and conditions of the accommodation facility concerned.


3. Certain special promotions and rates carry their own terms and conditions which shall apply accordingly. Unless otherwise stated, all bookings and benefits are subject to availability.


4. The provision of goods is subject to availability. In case of unavailability, WCS Big Five Promotions (Pty) Ltd will refund the user in full within 30 days.


5. Cancellation of orders will attract a 20% charge for administration costs. The provision of services is subject to availability.


6. In cases of unavailability WCS Big Five Promotions (Pty) Ltd will refund the user in full within 30 days. Cancellation of orders by the user will attract a 50% charge for administration if cancellation is made 7 days before the arrival date.


7. WCS Big Five Promotions (Pty) Ltd reserves the right to cancel an order for products for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet WCS Big Five Promotions (Pty) Ltd’s standards. Should WCS Big Five Promotions (Pty) Ltd exercise this right, the user will receive a full refund.


8. All complaints regarding products and/or services bought by clients through the e-commerce facility shall be directed to info@wcsbig5.com.


9. All bookings are subject to existing terms and conditions prevailing at the time, including meal, children’s and other policies.


10. Bookings are not transferable from one person to another.


11. Misuse of the product and/or services can result in its cancellation, forfeiture of any benefits and any other action considered appropriate by WCS Big Five Promotions (Pty) Ltd at WCS Big Five Promotions (Pty) Ltd’s sole discretion.


12. WCS Big Five Promotions (Pty) Ltd can not be held responsible for correspondence sent to the user which is lost or delayed in the mail. Any government taxes levied will be for the user’s account.


13. WCS Big Five Promotions (Pty) Ltd reserves the right to reverse any transaction that is subsequently found to be not in accordance with WCS Big Five Promotions (Pty) Ltd’s stated terms and conditions (as amended from time to time).


14. The participating hosts may be changed from time to time.


15. WCS Big Five Promotions (Pty) Ltd and participating hosts are not liable for any omissions, acts, or defaults made by any of the hosts. No benefit may be redeemed for value or otherwise exchanged.


16. Rates quoted for are in South African Rands (ZAR).


17. The user warrants that he is duly authorized to sign for and bind all persons represented by him or for whom he is responsible (“his party”) to these conditions and, failing such authority, agrees to be personally liable for all amounts.


18. The user and each of his party agrees to pay no later than the time of departure (unless prior written arrangements have been made with the accommodation management) the costs of food, beverage and any other amounts relating to such accommodation which are not included in the payments made together with VAT (if applicable) incurred by the user and his party during his/their stay in the accommodation.

Periodic payments must be made if the account exceeds the credit limit designated by the accommodation facility, and accounts are payable on presentation.

19. A certificate from the accommodation Manager shall constitute proof of indebtedness of the user and his/or his party and of the particulars therein for all purposes including any action instituted by the Host against the user and/or any of his party.


20. The user agrees that after his departure, the accommodation facility may retain goods left behind by him and/or his party and authorizes the accommodation facility to sell same, privately of publicly, at the accommodation facility’s discretion at such price at the accommodation facility may determine and offset proceeds of such sale against possible indebtedness of the user or to hold such proceeds or part thereof for a period at the host’s sole discretion failing which they shall be deemed to have been forfeited to the accommodation facility.


21. The use hereby agrees on behalf of himself and the members of his party that it is a condition of his/their occupation of the accommodation facility that neither the accommodation facility, its landlord, employees nor agents shall be responsible for any injury of death of any person or the loss or destruction of or damage to any property upon the premises, whether arising from fire, theft of any cause and by whomsoever caused or arising from the negligence (gross of otherwise) or wrongful act of any person in the employment of the accommodation facility. The user and its party undertake to take out the necessary travel insurance.


22. The user and his party may hand to the accommodation facility for safekeeping money and / of valuables, whereupon a special receipt will be issued accordingly on the condition that the Host will not be liable for any loss.


23. Extra-person charges may apply and vary depending on hotel policy.


24. Photo identification and credit card or cash deposits may be required at check-in for incidental charges.


25. Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.


26. The user will be responsible for any damages incurred during their stay.

13. Payment

1. Payment for any reservations or other services for which fees may be charged by WCS Big Five Promotions (Pty) Ltd shall be payable by the user on demand.


2. The rates payable by the user in respect of the provision by WCS Big Five Promotions (Pty) Ltd of any services and/or goods, including but not limited to the provision of accommodation of the user’s choice, shall be the current applicable rates of the particular accommodation specified by the user. Provision of banking and/or credit card details on the website is merely to secure a reservation, and does not constitute payment in respect of the services to be provided by WCS Big Five Promotions (Pty) Ltd.


3. WCS Big Five Promotions (Pty) Ltd reserves the right to debit the user’s credit card with a cancellation fee of 50% if a reservation is cancelled on/or after 7 days prior to the reservation arrival date.


4. The user hereby agrees that this transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act 2002 and that a binding agreement has been concluded between WCS Big Five Promotions (Pty) Ltd and the user authorizing WCS Big Five Promotions (Pty) Ltd to deduct or to debit the credit card for payments for services rendered to the user.


5. The hand signature of the user shall not be required for authorization purposes.


6. Credit card transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Users may go to www.mygate.co.za to view their security policy.