WEBSITE AND ONLINE RESERVATION SYSTEM TERMS & CONDITIONS
- Participation on the Portfolio Website provides establishments with electronic enquiries and online reservations subject to the terms and conditions of this Agreement.
Booking Commissions and Payments
- Portfolio charges commission on all bookings processed through its online reservations system or its call centre.
- The applicable commission applies to the total booking value (excluding VAT), plus VAT.
- On direct bookings from Africa Collection, our UK and SA based partner, the commission levied is 20% of the total amount due, unless otherwise directly negotiated with Africa Collection. Portfolio does not charge additional commission on these bookings.
- For bookings from travel agents or tour operators the commission is an additional 10% of the total amount due (excluding VAT) in respect of the booking, plus VAT.
(Portfolio pays 10% to the agent or operator).
- Bookings are confirmed by payment of a deposit from the guest and Portfolio deducts the commission due to it and the bank credit card costs (plus VAT), and pays the balance to the establishment.
- The establishment is responsible to collect the balance due from the guest and Portfolio accepts no liability whatsoever for a failure by a guest to pay any amount so due.
- Upon receipt of deposit payment from a guest and confirmation of the reservation from the establishment, the client’s contact details (email, telephone, fax or other) are made available to the establishment.
- Establishment and client booking contact details are only disclosed to either party upon receipt of a deposit payment from the guest and confirmation of the reservation from the establishment; this will include the establishment’s full contact details and the client’s full contact details (email, telephone or other).
- Offline bookings that originated on portfoliocollection.com, but were subsequently made directly with the establishment, will attract commission. This commission will be invoiced for separately.
- Published rack rates for the applicable period will be the maximum rate quoted on portfoliocollection.com.
- The establishment’s standard cancellation policy will apply provided that such a policy is indicated on its booking confirmation sent to the guest; where no such policy is indicated then Portfolio’s default cancellation policy as set out in the Portfolio Collection 2014 Guide or on the Portfolio website shall apply.
- In the event of a cancellation where the establishment claims a cancellation fee, then Portfolio deducts its applicable commission from that cancellation fee.
- Enquiries or bookings originating through Portfolio’s online reservation service - but not confirmed or paid through the Portfolio website – but subsequently made directly to the establishment, will attract commission. Offline commission will be invoiced separately.
- Portfolio processes deposit payments and information received from guests and uses an industry standard level of security so as to minimise the risk of unauthorised disclosure or interception.
- Whilst all reasonable steps are taken to ensure the security of personal information and other details of the establishment and its guests, there is no 100% secure transmission of data on the Internet, and Portfolio cannot guarantee absolute security of any data or information transmitted between Portfolio, guests, and Establishment.
- Portfolio reserves the right to disclose aggregated information regarding usage of the Website (such as number of enquiries, guest demographics and site traffic) to prospective participants, affiliates and advertisers. Portfolio may disclose personal information in response to a written request by a law enforcement agency, subpoena, court order or as required by law.
Accommodation Availability and Validity Period
All enquiries and quotes are subject to a validity period as specified by the establishment, and the establishment is obliged to honour any such validity which constitutes a Provisional Reservation. Should there be any booking errors in this respect, the establishment will be required to liaise with Portfolio’s call centre in an effort to secure suitable alternative arrangements. Any double-bookings of this nature will entitle Portfolio to cancel this Agreement and remove the establishment’s listing from the Website and reservation service. If it is not the establishment’s policy to hold reservations provisionally, the establishment is obliged to indicate the same to the enquirer in writing.
Portfolio may suspend or remove the establishment’s entry on the Website and the online reservations at any time:
- Should the establishment be in breach of any provision of the Participation Agreement.
- If the establishment does not enter into the Participation Agreement in respect of the latest membership cycle.
- If the establishment is not invited to participate in any of the future Portfolios.
- For any other reason whatsoever at Portfolio’s discretion.
Health & Safety
The establishment's accommodation, premises, contents, facilities, equipment and services comply fully with all applicable national, local, trade and other laws, regulations and codes of practice relating to hygiene, fire, maintenance and safety and other general standards for those using the establishment's services and facilities in all respects. The establishment will hold and maintain in force throughout the period of this agreement the appropriate valid certificates and documents confirming such compliance.
Disclaimers and Liability
- The establishment uses the Website at its own risk, and the Website and its contents are provided on an “as is” and “as available” basis and Portfolio makes no representations or warranties of any kind with regard to the Website, data thereon, the online reservations or the security of the system.
- Portfolio, its directors, employees, designees, representatives, agents, affiliates and suppliers shall not be liable for any loss, damage or expense of any nature whatsoever as a result of the use of or reliance upon the Website, the online reservation system or the internet. This includes, but is not limited to, credit card charge-backs and fraudulent credit card usage.
- The establishment indemnifies Portfolio from any loss or damage suffered in respect of any claim or demand by any third party by reason of any act or omission on the establishment’s part or any of its representatives in connection with transactions concluded on the Website.
- The establishment undertakes not to infect the Website with any programme or virus that may damage or interfere with data or information on the Website.
- The establishment indemnifies Portfolio for any such loss suffered or damage caused to any third party as a result of the establishment’s willful intent or negligence (for example where an establishment fails to install virus protection software, and a virus is transmitted by the establishment to the Website).
- Neither party shall have liability for any down time on the Website or for any corruption of data on the website by reason of any act or omission of any party (including any computer viruses and the like).
- If, for any reason, Portfolio is prevented from carrying out its obligations in terms of this Agreement by acts or events beyond its reasonable control including, but not limited to, statutory or governmental intervention, loss of interruption to electrical and/or telecommunication supply, maintenance and/or downtime of the website, Portfolio shall have no liability to the establishment whatsoever.
- Portfolio shall have no liability to the establishment, its orders and/or assigns of whatsoever nature for any direct or consequential loss howsoever caused.
- Any indulgence or extension of time granted by Portfolio to the establishment shall not be construed as a waiver of any of the establishment’s rights or duties.
- No alteration, cancellation, variation of, or addition hereto shall be valid unless reduced to writing and signed by all parties to the Agreement or their duly authorised representatives.
- Portfolio shall be entitled to bring any claim arising out of this Agreement in any Magistrate’s Court of competent jurisdiction.
- In the event of Portfolio instructing its attorneys to recover fees due to it by the establishment, all legal costs incurred by Portfolio are for the account of the establishment, on the scale as between an attorney and his own client, including collection commission at Law Society tariffs.
- This Agreement is governed by the laws of the Republic of South Africa.