Gateway SA Terms and Conditions
- Entering into this agreement with Gateway SA:
- By signing and entering into this agreement, you are agreeing that you have the capacity and relevant authorisation to do so. In the instance where an individual is signing and entering into this agreement on the basis of representing you or your establishment, you hereby accept and agree that all information supplied to Gateway SA regarding your establishment is correct, up to date and complete.
- In the event of misrepresentation, Gateway SA will not be held liable or responsible for any damage or loss suffered by such misrepresentation. Gateway SA reserves the right to seek legal opinion and bring charges of fraud against you should we deem it necessary to do so.
- Gateway SA facilitates booking transactions between you and a customer and as such a fifteen (15%) percent commission ex VAT is levied against such transaction. By entering into this agreement you agree to comply with the Gateway SA terms and conditions.
- In the event that section 44 of the ECT Act be applicable, you are entitled to cancel without providing a reason within five (5) working days after the date of the conclusion of the agreement and subject to the exclusions in section 42 (2) of the ECT Act and Consumer Protection Act (CPA).
- Point 1.4 is also applicable should section 16 of the CPA apply.
- The provision of quotations:
- All quotations for accommodation as provided by you or representatives at your establishment are deemed to be correct.
- In the event that an incorrect quotation/s is provided to a Gateway SA customer, you hereby accept responsibility for the error.
- You hereby also agree that in the case of the aforementioned event that you will honour the quotation provided to our customer.
- Processing of deposit or full amount payments:
- No costs are charged to you or the customer for using the Gateway SA website to request quotations or booking accommodation.
- Once confirmation is received from you confirming availability of accommodation on the dates specified by the customer, and payment of fifty percent (50%) deposit or payment of total quoted amount is processed and is paid to Gateway SA, the deposit or total quoted amount minus the Gateway SA fifteen percent
(15%) commission will be transferred into your account in fourty eight hours (48) of Gateway SA receiving this money.
- The aforesaid transfer will only take place once Gateway SA is certain that the funds have been verified by our banking institution and reflects in our bank account.
- Please note that Gateway SA will at all times try and process your transfer in fourty eight (48) hours, however, we do accept any responsibility for late payments where banking facilities ie internet banking is offline.
- Double bookings & cancellations:
- Gateway SA does not promote the practice or error of double bookings as this reflects negatively on us.
- Once a quotation is provided by you and the dates for accommodation confirmed, your quotation becomes legally binding.
- It is expected of you to honour the quotation and booking made by the Gateway SA customer.
- In the event that you cannot honour the booking, all attempts will be made by Gateway SA representatives to find alternative and similar accommodation on the Gateway SA website.
- You hereby agree to refund the deposit paid to you by Gateway SA within one (1) working day of not honouring the booking.
- You hereby agree that in the event of a double booking occurring and as a result of an error on your part, Gateway SA and the client that has been affected by the double booking error may claim the full deposit on the total quoted value including the Gateway SA 15% commission from you.
- In the event of a customer wanting to cancel their booking with you, Gateway SA is not responsible for the management and communication of the intended cancellation by the customer.
- When payment to reserve a booking is received from the Gateway SA customer, the Gateway SA customer is informed to familiarise themselves with your establishment’s cancellation policy via email. The email address is provided to the customer at the time when the booking is reserved ie payment of deposit or total quoted amount received.
- Note that with CPA legislation, Gateway SA will not be held responsible for any loss we may suffer as a result of you not adhering or complying to implement a consumer protection act (CPA) compliant cancellation policy.
- Gateway SA does not charge you to list on the Gateway SA website. All successful bookings ie payment received to reserve booking at your establishment will attract a fifteen percent (15% ex VAT) commission charge. In the event of a cancellation, all communication regarding the cancellation resides between you and the customer and Gateway SA reserves the right to hold onto the fifteen percent (15%) commission charged for the cancelled booking.
- Gateway SA Indemnification on No Show and Cancellations:
- Gateway SA is not in control of customer’s decisions or intention to amend, cancel or not showing up for their booking.
- As such Gateway SA is merely facilitating the transaction and is not responsible for the customer’s obligation towards you or your establishment.
- Recourse against customers remains between you and the customer that has reserved their booking with you. Gateway SA accepts no responsibility for cancellations and no shows.
- Information authenticity:
- You hereby confirm that all information provided by you ie establishment information, contact details and bank details is correct. Should information change it is your responsibility to update the information through the Gateway SA customer management system (CMS) or alternatively inform a Gateway SA representative of the new information at info@gatewaysa.com.
- Please ensure that banking details are correct. Gateway SA will not be held responsible should funds be transferred into the wrong account.
- When listing your establishment with Gateway SA, you will be required to create a username and password. Please store this information as you are not able to utilise the Gateway SA customer management system (CMS) without this information.
- You hereby agree that the use of your username and password will be used by you only.
- Should your login details (username & password) be used by someone else, you hereby agree that this person/s has the authority to use your login details and also accepts the Gateway SA terms and conditions that governs the relationship between you, your establishment and Gateway SA.
- In addition to point 6.5, any transactions or amounts that emanates from the use of the Gateway SA website or CMS, whether by you or not, will be deemed that you have accessed the service.
- Providing a Service:
- Gateway SA endeavours to provide a service to you and at all times, where reasonably possible, to maintain the availability of the service to you.
- Gateway SA will not be held responsible and can neither guarantee that the service will always be available or free of interruptions or errors.
- Chargebacks:
- Due to the nature of online payment, fraudulent transactions are a reality and can be contested by the cardholder resulting in a reversed transaction.
- In the event of such a contest, you hereby agree to refund Gateway SA any funds transferred to you with seventy two (72) hours of receiving notification to do so.
- Breach of these Terms & Conditions:
- In the event of a breach by you, Gateway SA reserves the right to:
- Terminate our agreement with you
- Suspend the service and remove your listing from our CMS
- Allow you to remedy the breach
- Based on the breach performed by you, Gateway SA reserves the right to implement any of the aforementioned actions as it sees fit.
- It is noted that Gateway SA complies to the consumer protection act (CPA) with regards to promoting establishments, activity listings etc.
- Customers or consumers, under the CPA, have statutory obligations and certain rights that according to law can be imposed upon us. You hereby agree that these rights are equally imposed upon you as it is with us.
- You and representatives representing you, will at all times adhere and comply to all applicable laws and regulations as set out in the Consumer Protection Act (CPA), Act, No 68 of 2008.
- You hereby agree that by entering into this agreement you are familiar and that you understand all applicable laws as set out in the Consumer Protection Act (CPA), Act, No 68 of 2008.
- General Comments and Considerations:
- This agreement, and terms and conditions set out herewith, represents the agreement between Gateway SA and you.
- By entering into this agreement it is taken as confirmed that you are familiar with Gateway SA disclaimers policies as provided on the Gateway SA website.
- Gateway SA reserves the right to amend this agreement, and disclaimer policies, from time to time. Although Gateway SA will endeavour to inform you about these amendments, it remains your responsibility to visit our website from time to time to note any amendments to the agreement.