Terms and Conditions
Holiday Rentals Cape Town, subsidiary of Accommodation Daddy, Guest Terms and Conditions
Accommodation Daddy provides property listing, marketing, booking administration and related management services to property owners and suppliers (“Accommodation Providers”) including through the provision of access to booking systems, including Accommodation Daddy websites and contact centers (“the Services”). Our Services enable Accommodation Providers to let out their properties directly to Guests, who are able to make property enquiries and bookings via the Services.
These Terms and Conditions apply to all persons wishing to make enquiries and bookings with Accommodation Providers via the Services. By proceeding to access or use any part of our Services, you agree to comply with and be legally bound by the terms and conditions of these Accommodation Daddy Guest Terms and Conditions. When you proceed to make a booking, you accept the Accommodation Provider Terms and Conditions of Rental (currently called TERMS AND CONDITIONS OF ACCOMMODATION PROPERTY BOOKING) located here. Please read these Accommodation Daddy Guest Terms and Conditions and the Accommodation Provider Terms and Conditions of Rental carefully, especially those pertaining to exclusions of liability and privacy of personal information.
These Terms and Conditions do not detract from your statutory rights as a consumer in terms of any applicable legislation.
You represent that you have the capacity to accept these Terms and Conditions, and if you are acting on behalf of an entity, that you have the authority to bind that entity. If you are under 18, you agree to only make bookings via the Accommodation Daddy Platform with the consent and involvement of your parent or legal guardian.
Before you continue, you should print or save a local copy of these Terms and Conditions for your records.
INTERPRETATION, GOVERNING LAW AND JURISDICTION
In these Terms and Conditions, any words expressing the singular shall be deemed to include the plural and vice versa and reference to any one gender shall include the other. Any reference to persons includes both legal and natural persons.
Unless otherwise agreed to between the parties to these Terms and Conditions or unless otherwise mandated by law, where any dispute arises in relation to a particular property marketed or booked via Accommodation Daddy, these Terms and Conditions shall be interpreted and applied in accordance with the laws of the territory in which that property is located. In all other respects, these Terms and Conditions shall be interpreted and applied in accordance with the laws of the [Republic of South Africa/consider an international jurisdiction]. Any rule of interpretation whereby an ambiguity, gap or inconsistency shall be interpreted against the party responsible for its drafting shall be excluded from these Terms and Conditions.
HOW THE SERVICES WORK
The Accommodation Daddy Platform can be used to facilitate the listing and booking of residential and other properties for holidays and/or short-term rentals. Such properties are included in listings on the Services by the Accommodation Providers.
Accommodation Daddy is not an owner or operator of such properties, including, but not limited to, hotel rooms, other lodgings or accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, other lodgings or accommodations and Accommodation Daddy does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, other lodgings or accommodations or transportation or travel services.
We endeavor to work with reputable property Accommodation Providers. However, Accommodation Daddy cannot and does not control the content contained in any listings and the condition, legality or suitability of any accommodations. Accommodation Daddy is not responsible for and disclaims any and all liability related to any and all listings and accommodations. Accordingly, any bookings and the use of any properties will be at the Guest’s own risk.
LEGAL RELATIONSHIP AND EXCLUSION OF LIABILITY
The Accommodation Providers who advertise their properties for rentals via Accommodation Daddy have appointed Accommodation Daddy as their agent or intermediary. Accommodation Daddy is not directly involved in the transaction between Accommodation Providers and Guests and any accommodation agreement is directly between the Accommodation Provider and the Guest. As such, when you rent a property from an Accommodation Provider, a legal contract comes into effect between you and that Accommodation Provider.
You agree that Accommodation Daddy shall have no liability to you for any errors, exaggerations or inaccuracies contained in the listings on the Services in relation to an Accommodation Provider’s advertised property, nor for any claims arising out of or in relation to an Accommodation Provider’s property, including but not limited to any claims of damage, quality, safety, non-suitability for purpose and the like, nor for any damage or loss caused by or in connection with any Accommodation Provider’s inability to rent out or deliver occupation or possession of listed properties.
Should you have a dispute with any Accommodation Provider that is not resolved to your satisfaction, we may attempt to help resolve the dispute but we shall have no obligation to do so.
Subject to the provisions above, where any such exclusions of liability do not apply, you agree that our total aggregate liability to you for any and all claims arising against us in relation to a particular booking shall be limited to an amount equal to 15% of your total booking costs. Where we think a Accommodation Provider has acted unfairly to you, we will provide you with our reasonable co-operation to enable you to make a claim against the Accommodation Provider, including through the provision of the name and contact information of the relevant Accommodation Provider.
Accommodation Daddy will not sell or disclose any of your personal information, including any information relating to your name, age, gender, address, telephone number or other contact information that it may hold about you without your explicit consent except as provided for in these Terms and Conditions. We will always uphold and observe any data protection laws to which we are subject.
When you visit Accommodation Daddy, we may collect technical and other user data, including the types and versions of operating system and browsers used to access our website, Internet protocol addresses, the website pages visited and the time spent on the website. This data may be used, for example, to identify software compatibility issues, or it may be analysed to improve our website design. We may also gather data using cookie technology, for example, to help remember your personal settings and preferences. We, or our authorised service providers, may use the technical and other user data we collect to analyse and improve our website design and to help us measure the performance of our online advertising campaigns.
FEES AND CHARGES
Should you enter into a legal contract to rent a property from a Accommodation Provider, you shall be liable to pay all fees and charges which become due and payable to the Accommodation Provider in relation thereof.
You agree to indemnify Accommodation Daddy fully and on demand against any liability, penalty, claim, loss, cost or damages suffered by Accommodation Daddy where attributable to any wrongful act or omission by you or any person at any time or arising in any way as a result of the use of the Services and/or any rental agreement entered into with a Accommodation Provider via the Accommodation Daddy Platform.
No warranty is given nor is to be implied as to the suitability of the Accommodation Daddy Platform nor of any Accommodation Provider properties made available on the Services, for any particular purpose notwithstanding that any such purpose may be known or ought reasonably to have been known by Accommodation Daddy. All such warranties are expressly disclaimed.
Accommodation Daddy supplies and provides the Services “as is” and does not warrant that the operation thereof will be uninterrupted or error free or that the Services will be functional over all Internet connections or compatible with any particular electronic devices, browsers or other software applications.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that ownership of all intellectual property rights to the Accommodation Daddy online Platform including, but not limited to, copyright, trademarks, patents, designs and any content posted at Accommodation Daddy shall at all times remain vested in Accommodation Daddy and its licensors.
You understand and agree that you shall be strictly liable and responsible for compliance with any and all laws, rules, regulations and obligations that may apply to your use of the Services. You agree that you shall be strictly liable and responsible for all information, text and other content (individually and collectively referred to in this section as “content”) that you upload, publish or submit (collectively referred to as “posts”) to Accommodation Daddy or any Accommodation Daddy website, forum or review platform, whether such post was authorised or unauthorised.
In connection with your use of the Services, you may not and you agree that you shall not:
violate the property rights of others, including copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks;
systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
communicate in a defamatory, threatening, offensive, harassing or intimidating way;
contain or carry any code or electronic information of a malicious or destructive nature or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of Accommodation Daddy users and Accommodation Providers;
advertise or promote chain letters, charity requests, petitions for signatures, employment opportunities, investment or savings opportunities, requests relating to Ponzi or pyramid schemes or any other content or information that is not a bona-fide representation or enquiry about available rentals;
impede the operation of the Accommodation Daddy website or service infrastructure or that negatively affects the availability of the website or the Services to others;
provide information that is false, inaccurate or misleading;
violate the terms of these Terms and Conditions or any applicable local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Where you make use of any Accommodation Daddy forum hosted by a third-party service provider, you agree to follow any policies or rules published by that third-party service provider, including social media platforms like Facebook, Twitter, LinkedIn, Pinterest and others.
In the event that any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
The terms and conditions contained in these Terms and Conditions constitute all of the terms and conditions agreed to between the parties and no addition to or variation, amendment, cancellation or novation of these Terms and Conditions shall be of any force or effect unless reduced to writing and signed by the duly authorised representatives of both of the parties.
The termination, cancellation or expiry of these Terms and Conditions shall not affect the enforceability of the terms which are intended to and/or which of necessity must operate after expiry or termination.
You acknowledge and agree that no promises, undertakings, warranties or representations of whatsoever nature were given to you prior to the entering into these Terms and Conditions other than as may be recorded in this document.
DISCLOSURES OF INFORMATION
As a consumer, you may have a right to request information prescribed in any applicable consumer protection legislation and regulations and you agree that where we receive such a request from you we may send the requested information to you by email to the address you used to submit an enquiry or to make booking via the Services.
RIGHT TO MODIFY AND REFUSE ACCESS TO THE SERVICES
Accommodation Daddy reserves the right, at our sole discretion, to change, modify or otherwise alter the terms of these Terms and Conditions at any time and without prior notice and such change, modification or alteration shall take effect immediately upon posting to our website. You should review these terms on a regular basis to keep informed of any changes prior to making any further bookings.
Accommodation Daddy also reserves the right to terminate access to the Services or to refuse access to the Services to anyone, for any reason, at any time.