Terms & Conditions

THE COMPANY

Rimari (Pty) Ltd t/a Cul-de-Stay
Registration number: 2020/012254/07

THE COMPANY’S CONTACT DETAILS

Email: bookings@culdestay.co.za
Address: 6 Olivier Street, Elim, Kuilsriver, Cape Town, 7580, SOUTH AFRICA

ACCEPTANCE OF THIS AGREEMENT BY YOU

You may make use of The Company’s services and websites, subject to the terms and conditions outlined in this document.

VARIATION

The Company maintains the right, at any time and without prior warning or justification, to modify this agreement or any portion of it in its sole discretion. Such modifications will be announced on this page. You should read this agreement carefully before starting each session because if you use The Company’s websites or services after those changes have been posted, you will be deemed to have accepted them. Any modifications will be effective when they are posted on this website.

THE ENTIRE AGREEMENT

This Agreement supersedes all past agreements, policies, promises, statements, and understandings of any kind. It represents the full understanding between you and The Company. Any portion of this user agreement that is determined to be invalid, illegal, or unenforceable by any court with jurisdiction shall, to the extent so determined, be severable from the remaining provisions, all of which shall remain enforceable and applicable, to the fullest extent permitted by law.

FAILURE TO ENFORCE

Any failure by The Company to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. The Company has the right to cede, assign or otherwise transfer its rights and obligations in terms of this user agreement to any third party.

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.

Booking Terms

QUOTES, RATES AND PRICES

All prices listed on this website are liable to change at any time without prior notice. Additionally, all rates shown on this page (outside of a quotation) are meant to be suggestions only. Only direct quotes provided to a user via the website qualify as legal offers. All quotations are contingent upon availability.

Although The Company makes every effort to provide accurate rates, there are occasionally pricing mistakes. Even if the sum is part of a quotation or has already been paid for, The Company will reprize in such cases.

CANCELLATION POLICY

30 Days or more before check-in | 100% of the deposit refunded
14 to 30 Days before check-in | 50% of the deposit refunded
7 Days or less before check-in | 0% of the deposit refunded

CREDIT CARD PAYMENT OPTIONS

South Africa is the country of the merchant outlet at the time that the cardholder is given payment alternatives. The South African Rand (ZAR) is the transactional currency.

Credit cards from Visa or MasterCard are one of the additional payment methods that The Company accepts. The Company takes measures to ensure that payment with a credit card on The Company website is secure. The following are the main steps taken to ensure this security:

Credit card transactions will be acquired for The Company via Payfast (Pty) Ltd. (www.payfast.io)

The Company does not store any complete credit card details on our system. Credit card details are forwarded to Payfast (Pty) Ltd. which authorises the transaction

The Company and Payfast (Pty) Ltd. use strict encryption. No credit card details are ever sent via unsecured methods such as email.

Save as otherwise provided for in this agreement, the rules, processes and procedures of Payfast (Pty) Ltd. and the relevant paying bank, clearing bank and card association shall apply to all payments and transactions concluded on this website and your rights and obligations in respect of payments due to or by you shall be governed accordingly.

Notwithstanding The Company adhering to the above primary measures, you hereby indemnify and do not hold The Company liable for any loss, damage or liability of any nature arising from payments and transactions concluded on this website.

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 that you have paid to us.

The Company and any of its directors, employees, officers, or representatives (collectively, the “Indemnified Parties”) are not responsible for any losses or damages of any kind, whether direct, indirect, special, or consequential, that may arise from:

Your use of or access to this website; Your purchase of or use of any of the goods or services made available through this website; Your inability to use or access this website or any of the goods or services made available through this website; Your inability to use or access 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

access to or the inability to access websites linked to this website; or

access and/or use of this website by any person in a jurisdiction from which such activity is prohibited; or

the submission or transmission of information or material on or through this website by you; or

the violation of these conditions of use or any other laws, regulations and rules by you; or

information or material that you have submitted to The Company that 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).

The Company reserves the right to defend and control any claims arising from the preceding information, and you agree to cooperate fully with The Company in any such defences.

Website Use

ALLOWED USE OF THIS WEBSITE

You may only access and browse this website for legitimate personal and non-commercial purposes and may not use this website for:

harmful purposes; or

illegal purposes; or

disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; or

the creation, storage and sending of unsolicited commercial communications.

Names, e-mail addresses, telephone numbers and fax numbers published on this website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this website may be used to communicate unsolicited communications to The Company and all rights detailed in section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002 (“ECT Act”) are reserved.

If you use information from this website in breach of this user agreement, The Company reserves the right to claim damages and/or institute criminal proceedings against you.

CORRECTNESS OF YOUR INFORMATION

You hereby agree to take all reasonable steps to ensure that all information you provide to The Company, including but not limited to your name and email address, is accurate and kept current. The Company will not be responsible for any harm, loss, or responsibility of any kind brought on by any false statements made by you. We have the right to suspend or delete your account if you don’t maintain your information current and updated.

INTELLECTUAL PROPERTY RIGHTS

This website and all its content and rights to it are reserved under the name of The Company.

You may view, download, and/or print any portions of this website that you reasonably need for your own private, non-commercial use only, unless expressly prohibited by a notice published on any page of this website. Any copy must have any applicable proprietary notices and/or disclaimers attached to it, and the content of this website may not be copied, modified, adapted, or processed in any way.

Other than what has already been stated, no one else is allowed to use this website or its contents in any other way. Without limiting the generality of the aforementioned, nobody is allowed to copy, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, use, or exploit such content for commercial or non-private purposes, or to create derivative works from it. 

The source code of this website may not be altered, copied, used, decompiled, or reverse-engineered. Without The Company’s prior written approval, you are not permitted to use any of the website’s logos, symbols, or trademarks as hyperlinks or for any other purpose.

The Company owns or has a license to use the content on this website. This content may be protected by copyright and/or other design or intellectual property rights, including but not limited to the design, layout, look, appearance, and graphics. Other than as permitted by us and/or the right holder, or to the extent that such usage is incidental to your use of the website, you are not permitted to duplicate, replicate, or use such information.

SECURITY

The Company will take all appropriate measures to protect the information it has gathered about you and the content of this website from unauthorized access and/or disclosure. 

Any harmful code, such as computer viruses, robots, or spyware, may not be delivered to this website or the server or computer network that supports this website, whether intentionally or accidentally. Despite the possibility of legal action, you agree to defend and hold The Company harmless from any and all losses, liabilities and damages that The Company may incur as a result of your delivery, attempt, or delivery of any damaging code to this website, whether intentionally or negligently.

The Company reserves the right to pursue damages against any individuals who are directly or indirectly involved in the development, use, or distribution of any device or program that is intended to circumvent or overcome the security measures of any restricted pages, products, or services on this website. You are not permitted to create, distribute, or use any device or program.

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 The Company due to or related to such offences.

ACCESS TO THE WEBSITE

If The Company believes you have violated these terms of use, The Company has the right to restrict, suspend, or terminate your use of this website at any time. Any such restriction, suspension, or termination will not affect the Company’s right to take legal action against you for the violation in question.

The Company reserves the right to immediately and without prior warning remove any portions or features of this website, as well as the entire website. The company makes no guarantees or assurances regarding the availability of this website at any given moment.

NO WARRANTY

This website has not been put together or provided to fit your specific needs; it is provided on an “as is” basis without any express or implied warranties as to the functioning of the website, the accuracy of the information, or the products or services mentioned on this website. It is your entire duty to ensure that the service offered from and through this website will fulfil your unique requirements and be compatible with your hardware and/or software before engaging into this user agreement with The Company.

Privacy Policy

APPLICABILITY

Only The Company website is covered by this privacy statement. The Company website may link to or from other websites (referred to as “linked sites”) that are not under its control or covered by this privacy statement. It is your duty to study the privacy policies of these connected sites, and The Company will not be held responsible for any violations of those privacy policies on the part of the owners of those linked sites. The Company is not in any way responsible for the content or the privacy and security practices followed by the connected sites, and such hyperlinks do not imply an endorsement, agreement with, or support of the material, products, and/or services of such linked sites.

TYPES OF INFORMATION COLLECTED

In order to provide you with the services you have requested, we must gather specific information about you when you register on the company website. These details might comprise, but are not restricted to:

  • Full name
  • Email address
  • Business or Home Address
  • Contact telephone numbers
  • Date of birth
  • Reason for accessing the Site
  • The intended usage of the information requested
  • Your voluntary reviews

The personal information detailed above will be collected either electronically using cookies (as described below) or voluntarily provided by you.

PROTECTION OF PERSONAL INFORMATION

We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.

In the unlikely event that the security of your personal data in our care is jeopardized, we will let you know as soon as it’s practical under the circumstances.

We have policies, procedures, and related processes in place that are regularly reviewed and updated in order to implement and maintain such measures. Our controls and practices cover things like:

  • Security for networks and technology.
  • Access is being observed.
  • Records containing Personal Information should be securely stored, destroyed, and encrypted.
  • Reporting and fixing data breaches involving personal information.

DATA RETENTION AND DELETION

The Company will make sure that information is not stored for longer than is necessary and will only keep what is necessary to fulfil its legal obligations and deliver services.

We retain your personal data as long as:

  • It complies with our internal retention guidelines and is mandated by or permitted by the law.
  • In order to uphold the terms of our agreement with you, it is necessary.

DISPERSAL OF INFORMATION TO THIRD PARTIES

In addition to the policies and procedures we employ to safeguard your data, your data is protected by the laws of South Africa.

Subject to the remaining provisions of this policy, The Company will not share personal information with any other third parties without your permission unless required by law enforcement action, subpoena or applicable law or regulation.

NEWSLETTER AND COMMUNICATION OPT-OUT

You will be able to unsubscribe from our newsletter at any time by clicking on the unsubscribe link at the bottom of all our email communications which will automatically remove you from the list.

If at any time you wish to have your information removed from our active databases, please contact us.

CUSTOMER TRACKING

We do reserve the right to the following in order to better serve our customers:

Track your online activity on this website, analyze it using third-party tools, such as but not limited to “Google Analytics,” and work with third-party tracking services, such as but not limited to “Google Adwords.” Any collaboration with a third party is made with the intention of protecting your privacy as much as possible.

Use cookie technology (and related technologies): Cookies are little data files that your web browser stores locally on your computer. We will send a cookie to your computer to store when you visit The Website. our enables us to recognize you when you visit our website again in the future. By doing this, we are better able to customize your browsing experience. As a result, if you disable cookies, some elements of The Company website might not function properly. In some cases, third-party services used by the website, including Google Ads, may utilize cookies to follow you into The Company in an effort to enhance user experience and/or the effectiveness of advertising.

Collect IP information: When you visit The Company website, we may keep track of things like your IP address, domain name, the operating system you’re using, the kind of web browser you’re using, and the URL of the website that directed you there. The Company uses this data for general statistical analysis and to maintain and improve user experience on our website.

NON-IDENTIFIABLE AND STATISTICAL INFORMATION

The Company owns and retains all rights to the non-personal statistical information collected and compiled by The Company.

Should you have any questions, please contact us at:
bookings@culdestay.co.za