Terms and Conditions | Hideaways, Life Changing Experiences

Terms and Conditions

TERMS AND CONDITIONS – ONLINE PAYMENTS

Detailed description of goods and/or services
Hideaways is a business in the travel industry operating as a lodge portfolio in Southern Africa.

Delivery policy
Subject to availability and receipt of payment, requests will be processed within 1 working day and delivery confirmed by way of email invoice with a booking number and reference number. Delivery of service is applicable and given on the day of travel.

Cancellation / Amendment Policy 

Only written cancellations / amendments will be accepted. Kindly ensure that acknowledgments of cancellations/amendments are received by reservations. A reservation will be considered amended / cancelled only once reconfirmed by reservations to the Agent /client concerned. Should a cancellation be received once a confirmed status is held, 20% of the contracted rate will be charged. Cancellation within 60 – 31 days prior to date of travel will incur a 50% cancellation fee.   Cancellation within 30 – 15 days prior to date of travel will incur a 75% cancellation fee. Cancellation within 14 days prior to date of travel or less will incur a 100% cancellation fee. No refunds will be made for no shows or any unused services due to flight delays, strikes or anything else beyond the control of Hideaways.

Customer privacy policy
Hideaways 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).

Payment options accepted
Payment may be made via Visa, MasterCard or by bank transfer into the Hideaways bank account, the details of which will be provided on request.

Credit card acquiring and security
Credit card transactions will be acquired for Hideaways via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (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.

Customer details separate from card details
Customer details will be stored by Hideaways 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.

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 USD.

Responsibility
Hideaways takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile
This website is governed by the laws of South Africa and Hideaways 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, South Africa.

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

Company information
This website is run by Hideaways (close corporation) based in South Africa trading as Hideaways’ registration number is 2014/008183/07 and Garth Jenman and Katja Quasdorf as the directors.

Hideaways contact details
Support: info@hideawaysafrica.com
Support:  +21 (0) 21 671 7723
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ELECTRONIC COMMUNICATIONS & TRANSACTION ACT

Legal Requirements

With the advances made in online technology some form of regulation and guidelines were needed to regulate this rapidly growing field and offer the consumer some form of protection. The Electronic Communications and Transactions Act of 2002 covers some of this. As far as Websites and especially E-Commerce Websites are concerned, the following sections are especially relevant. Some of it involves certain technical criteria which is the responsibility of the Web designer.

Chapter VII (consumer protection)

Scope of application

43. (1) This Chapter applies only to electronic transactions.

(2) Section 45 does not apply to an electronic transaction—

For financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities; by way of an auction; the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer. For services which has begun with the consumer’s consent before the end of the seven day period referred to in section 45(1); where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;  where the goods—  are made to the consumer’s specifications;  or clearly personalized;  by reason of their nature cannot be returned; or are liable to deteriorate or expire rapidly; where audio or video recordings or computer software were unsealed by the consumer; for the sale of newspapers, periodicals and magazines ; for the provision of gaming and lottery services; or for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.

44. (1) Information to be provided.

Its full name and legal status; its physical address and telephone number; its web site address and e mail address; membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body; any code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically by the consumer; in the case of a legal person, its registration number, the names of its office bearers and its place of registration; the physical address where that supplier will receive legal service of documents; a sufficient description of the main characteristics of the goods or services offered by that supplier to enable a consumer to make an informed decision on the proposed electronic transaction;  the full price of the goods or services, including transport costs, taxes and any other fees or costs;  the manner of payment; any terms of agreement, including any guarantees, that ill apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers; the time within which the goods will be dispatched or delivered or within which the services will be rendered; the manner and period within which consumers can access and maintain a full record of the transaction;  the return, exchange and refund policy of that supplier; any alternative dispute resolution code to which that supplier subscribes and how the wording of that code may be accessed electronically by the consumer;  the security procedures and privacy policy of that supplier in respect of payment, payment information and personal information; where appropriate, the minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently; and the rights of consumers in terms of section 45, where applicable.

(2) The supplier must provide a consumer with an opportunity—. To review the entire electronic transaction; to correct any mistakes; and to withdraw from the transaction, before finally placing any order.

(3) If a supplier fails to comply with the provisions of subsection (1) or (2), the consumer may cancel the transaction within 14 days of receiving the goods or services under the transaction.

(4) If a transaction is cancelled in terms of subsection (3)—  the consumer must return the performance of the supplier or, where applicable, cease using the services performed; and  the supplier must refund all payment made by the consumer minus the direct cost of returning the goods.

(5) The supplier must utilize a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.

(6) The supplier is liable for any damage suffered by a consumer due to a failure by the supplier to comply with subsection (5).

Cooling off period

45. (1) a consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply— of goods within seven days after the date of the receipt of the goods; or  of services within seven days after the date of the conclusion of the agreement.
(2) The only charge that may be levied on the consumer is the direct cost of returning the goods.
(3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment which refund must be made within 30 days of the date of cancellation.
(4) This section must not be construed as prejudicing the rights of a consumer provided for by or under any other law.

Unsolicited goods, services or communications

46. (1) Any person who sends unsolicited commercial communications to consumers, must provide the consumer—  with the option to cancel his or her subscription to the mailing list of that person; and with the identifying particulars of the source from which that person obtained the consumer’s personal information, on request of the consumer.
(2) No agreement is concluded where a consumer has failed to respond to an unsolicited communication.

Performance

47. (1) The supplier must execute the order within 30 days after the day on which the supplier received the order, unless the parties have agreed otherwise.
(2) Where a supplier has failed to execute the order within 30 days, the consumer may cancel the agreement with seven days written notice.
(3) If a supplier is unable to perform in terms of the agreement on the grounds that the goods or services ordered are unavailable, the supplier must notify the consumer of this fact and refund any payments the consumer has made within 30 days after the date of such notification.

Applicability of foreign law

48. The protection provided to consumers under this Chapter, applies irrespective of the legal system applicable to the agreement in question.

Non exclusion

49. Any provision in an agreement which excludes any rights provided for in this Chapter is null and void.

Complaints to Consumer Affairs Committee

50. A consumer may lodge a complaint with the Consumer Affairs Committee in respect of any non-compliance with the provisions of this Chapter by a supplier.

Chapter VIII (Protection of personal information)

Scope of protection of personal information

51. (1) This Chapter only applies to personal information that has been obtained through electronic transactions.
(2) A data controller may voluntarily subscribe to the principles outlined in section 51 by recording such fact in any agreement with a data subject
(3) A data controller must subscribe to all the principles outlined in section 51 and not merely to parts thereof.
(4) The rights and obligations of the parties in respect of the breach of the principles outlined in section 52 are governed by the terms of any agreement between them.

Principles for electronically collecting personal information

52. (1) A data controller must have the express written permission of the data subject for the collection, collation, processing or disclosure of any personal information on that data subject unless he or she is permitted or required to do so by law.
(2) A data controller may not electronically request, collect, collate, process or store personal information on a data subject which is not necessary for the lawful purpose for which the personal information is required.
(3) The data controller must disclose in writing to the data subject the specific purpose for which any personal information is being requested, collected, collated, processed, or stored.
(4) The data controller may not use the personal information for any other purpose than the disclosed purpose without the express written permission of the data subject, unless he or she is permitted or required to do so by law.
(5) The data controller must, for as long as the personal information is used and for a period of at least one year thereafter, keep a record of the personal information and specific purpose for which the personal information was collected.
(6) A data controller may not disclose any of the personal information held by it to a third party, unless required or permitted by law or specifically authorized to do so in writing by the data subject.
(7) The data controller must, for as long as the personal information is used and for a period of at least one year thereafter, keep a record of any third party to whom the personal information was disclosed, the date on which and the purpose for which it was disclosed.
(8) The data controller must delete or destroy all personal information which has become obsolete.
(9) A party controlling personal information may use that personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked to any specific data subject by a third party.

General

No third party Copyrighted or Patented material on website unless written permission has been obtained from the owners.

Please note that the Act displayed here is for information only!

Contact Hideaways for further information – info@hideawaysafrica.com

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