1. DISCLAIMER

1.1   The Ahoy SA website is owned and operated by AhoySA Tourism cc.  Databases, information and systems are the property of Ahoy SA.

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Ahoy SA nor any of its franchisees, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Ahoy SA makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to mail@AhoySA.com
 

1.2   This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy himself prior to entering into this agreement with Ahoy SA that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

1.3   Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Ahoy SA and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
 

1.4   The establishment owner and/or operator agrees that guest comments can be published on the establishment listing by guests who have stayed at the establishment and further agrees that Ahoy SA is not liable or responsible in any way for the verification or accuracy of any guest comments made.
 

1.5   All services purchased through Ahoy SA are made pursuant to agreements with owners and operators of accommodation establishments and risk of loss passes from Ahoy SA to such owners and operators upon confirmation of the reservation by such owner or operator, including but not limited to fraudulent transactions whether by credit card or otherwise.
 

1.6   Neither Ahoy SA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any service sold by this web site.
 

1.7   Ahoy SA makes no representation regarding any other web sites that may be accessed through this service and accordingly accepts no responsibility for the content or use of such web sites or information contained therein. In addition, it shall not be liable to any party for any form of loss or damage, consequential or otherwise, incurred as a result of any use or reliance on any information contained on such a web site or any web sites which can be accessed through this web site.

2. PAYMENT METHODS

2.1 Credit card payments.

2.1.1 The Ahoy SA website uses a secure operating system and interfaces with a transaction portal which uses a 128 bit cypher on SSL (Secure Socket Layer) (encrypted communication) for security purposes. The transaction portal is operated by PayGate on behalf of Standard Bank of South Africa Ltd. All credit card payment processing will be done through PayGate's secure payment gateway.

At the time of making the booking, the transaction details are presented to the bank and an authorization is obtained for the amount of the transaction.
 

2.1.2 Payment is only collected when a quotation has been received from the establishment, while the quotation has not yet expired and when the guest accepts the quotation. Following payment the establishment is required to confirm the booking.
 

2.1.3 PayGate use SSL3, two firewalls and no credit card details are stored on the website.
 

2.1.4 Customer details separated from card details :
Credit card details are not stored on the Ahoy SA website and transactions occur in separate places for security reasons.

2.2 Direct deposits

 

2.2.1 Such payments are required to be made at least two days before the expiry of a quotation, in order to allow sufficient time for the payment to clear the Ahoy SA bank account. Establishments will only confirm reservations once such payments have cleared the bank account.
 

 

2.2.2 If the client selects the pay via bank deposit or transfer button, instructions will be given on how to deposit or transfer money into the Ahoy SA bank account. Clients must pay the exact amount and will be provided with a reference number for use on the deposit slip.

3. DELIVERY

3.1   The user of the website makes an availability enquiry of the establishment. If the establishment has accommodation available during the required period a quotation is sent to the user. This constitutes an offer by the establishment, which can be accepted or declined. If the offer is accepted, the user is directed to the payment page of the website, however acceptance is only finalised when payment is made. The offer has an expiry date specified by the owner and is thus open for acceptance by the guest during the period prior to the expiry date. Acceptance by the guest prior to the offer expiring constitutes a binding contract between the owner and the guest.
 

3.2   Payment is made either of the minimum deposit required or the full amount. In certain circumstances the minimum deposit is equal to the full amount of the quotation.
 

3.3   As soon as payment has cleared the Ahoy SA bank account, delivery has taken place on the part of the guest and the establishment is required to confirm the reservation and a reservation confirmation reference number is issued. Delivery on the part of the establishment takes place when the guest has physically taken up the accommodation reserved.
 

3.4   Establishments may apply cancellation policies and these are clearly displayed on every quotation. Cancellation policies will have implications for refunds and these are dealt with in clause 4.
 

3.5   Value added tax at 14% is charged by VAT registered establishments on bookings by South African residents.

4. REFUNDS AND RETURNS

4.1   Bookings will only be processed once funds are CLEARED in the Ahoy SA bank account.

Transactions are accepted as completed when Ahoy SA has been paid the required amount in full for the relevant booking. The required amount may be a deposit or the full amount of the booking. The required amount will always be specified on the website and in communications with the user. Ahoy SA acts as agent for the owners of the establishments who reserve the right to cancel a booking without giving any reasons. The owner will be responsible for any refund required by the client once the funds have been paid to the owner by Ahoy SA.

As a deterrent to fraud, refunds for amounts originally paid to Ahoy SA by credit card should be refunded to Ahoy SA so that the refund can be made to the credit card that was used for the original payment. The establishment owner also acknowledges that with the exception of the stipulations detailed in clause 4.3, in the event of a fraudulent credit card payment, bank deposit or reversal of the payment to Ahoy SA for any reason by the bank or any other agency, Ahoy SA’s responsibility is limited to the repayment of any commissions it has received in respect of the booking and the establishment is responsible for the repayment of any payments it has received in respect of the booking, irrespective of the cancellation policy the establishment may have. These amounts are to be immediately refunded to Ahoy SA on notification by Ahoy SA to the establishment that the payment(s)have been reversed out of Ahoy SA’s bank account.
 

4.2   Bookings through this website are subject to any Cancellation policy that may be stipulated by the establishment. Where a direct booking is made via a Ahoy SA partner guests should ensure they are familiar with the establishment and/or partner cancellation policy.
 

4.3   Ahoy SA retains a non-refundable booking commission of 10,0% excl VAT of the total booking value for facilitating the booking. This amount is NOT payable in addition to the stipulated deposit, but is deducted from it before the deposit is paid to the establishment and the user will NOT be liable to pay any amount in addition to the amount specified in the quotation, except for extra items or services purchased from the establishment. However, by using this service, the user acknowledges that Ahoy SA is entitled to retain this commission in the event of a booking cancellation. In addition, in the event that an establishment retains a deposit payment in terms of its cancellation policy, then under no circumstances shall Ahoy SA be held liable for repayment thereof. An offer made to a Guest by an Establishment is binding for the validity period stated in that offer. Should the guest make payment to Ahoy SA within that period and the Establishment either refuses to honour or accept the booking or subsequently cancels the booking for any reason, irrespective of whether the Establishment has received payment from Ahoy SA or not, the Establishment will be deemed to be in breach of the offer made and will be immediately liable for the payment of the standard commission to Ahoy SA. By loading their Establishment details onto this website the Establishment unconditionally expresses their full agreement to the above.
 

4.4   The application of the booking commission is important to funding the development and running costs of the website. Any attempt to pass email addresses, telephone numbers or other contact details by owners or guests to avoid paying commission is expressly prohibited.
 

4.5   Ahoy SA is not liable for incorrect rates specified on the web site and will not be obliged to supply bookings at those rates. The quotation supplied by the establishment is the responsibility of the establishment.

5. GOVERNING LAW

5.1   This site is managed, controlled and operated from the Republic of South Africa and is therefore governed by South African law.

6. PRIVACY

6.1   Ahoy SA 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). The PAIA may be downloaded from:

http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

7. SECURITY

7.1   Ahoy SA shall take all reasonable steps to protect the personal information of every user on the system and may store, notwithstanding other information, the following; name and surname, birth date, e-mail address, telephone numbers, cellular numbers, physical addresses, other personal information including surfing habits, IP numbers, username and passwords for the system booking and client preferences and any other information the user submits to this website. Ahoy SA only stores this information when a user has consented to these terms and conditions. Users are required, in every instance, to specifically indicate their consent before they are able to send an availability enquiry or a booking to an establishment. Personal information regarding establishments listed on the website is stored on the system when the owner registers. Owners are required, in every instance, to specifically indicate their consent to these terms and conditions before they are able to send a quotation in response to a guests booking enquiry.
 

7.2   Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Ahoy SA suffers any damage or loss.
 

7.3   Users may click on the PayGate logo to view their security certificate .

8. GENERAL INFORMATION

8.1 Corporate structure

Ahoy SA is a closed corporation registered as AhoySA Tourism cc Reg No 2008/105535/23

 

8.2 Currency and merchant outlet country

Transaction Currency is ZAR (South African Rand) The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.

 

8.3 Legal

Users may contact Ahoy SA by sending an e-mail to info@AhoySA.com or by using the contact us button on the website. Users may also contact Ahoy SA by dialing +27 82 738 1775.   Ahoy SA may use all information submitted to further promote it and its partners’ websites and or services. Ahoy SA may, in its sole discretion, change this agreement or any part thereof at any time without notice. Ahoy SA 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, 24 Mount Lyric Melody Hartbeespoort South Africa.   The Ahoy SA website operates as a guide to enable users to find, book and pay for, accommodation. Ahoy SA thus acts as an agent for accommodation owners and guests, as such its responsibility with regard to any transaction is to assist both parties to agree on an accommodation booking, to receive payment from the guest of the required amount, to pass such payment to the owner after deducting agreed charges and to provide the guest with a reservation reference number, if applicable.   Ahoy SA is also responsible for providing support to users of the website by means of the contact us button. In the event of a dispute between the guest and the owner, Ahoy SA will assist in resolving such dispute.   This agreement shall come into effect when the user, including an establishment owner, first consents to these terms and conditions by submitting his establishment listing details and shall continue indefinitely until terminated by Ahoy SA for any reason.