Terms and Conditions of using www.durban-direct.com
Durban-direct.com is a trading arm of Accommodation Direct CC, VAT #4650229505 , REG #2005/097216/23.
We do not charge accommodation seekers to use or access www.durban-direct.com. However, this site is only to be used to contact our advertisers regarding the suitability of their individual property as a vacation destination. Any use by a person or entity for any purpose other than the research and subsequent booking of a vacation property is strictly prohibited. By visiting this site, you are subject to the following terms and conditions:
1) Personal use: The site must not be used for any reason other than to view or make legitimate enquiries to owners regarding your interest in particular vacation rental properties.
2) Downloading of information from the Web site: As a part of the rental enquiry process, for your own purposes and not for further distribution, you may download, display, or print one (1) copy of any portion of www.durban-direct.com content. You may not modify the Content in any way, and you must reproduce the www.durban-direct.com copyright notice in the form © 2006 - 2009 Accommodation Direct as displayed on the relevant page(s) that you might download or wish to copy.
3) Unauthorised use: Unless otherwise provided within these Terms, or unless specific applicable law requires www.durban-direct.com to allow you to do so, you may not do any of the following without the prior written consent of www.durban-direct.com:
4) Limitation of Liability. IN NO EVENT WILL ACCOMMODATION DIRECT CC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF ACCOMMODATION DIRECT CC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LMB WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
5) Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE ACCOMMODATION DIRECT CC AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
6) Enquiries. When you use www.durban-direct.com to send an enquiry to an advertiser, you agree to allow www.durban-direct.com or its affiliated websites to add your email address to our database of customers. You may receive at least one promotional email from either www.durban-direct.com or its affiliated websites - you may opt out from this at any time
Terms and conditions of advertising on www.durban-direct.com1. Layout and copy
1.1 www.durban-direct.com reserves the right to determine the final design, layout and functionality of our website which is subject to change from time to time without notice.
1.2 www.durban-direct.com reserves the right to edit copy or amend the layouts or photographs supplied, in order to create a more uniform and pleasant advertising environment for our visitors.
1.3 www.durban-direct.com reserves the right, at its discretion, to amend and edit copy entered into the www.durban-direct.com online database by owners/listers. All copy edits submitted by owners/listers are subject to review and approval of www.durban-direct.com in its sole opinion.
1.4 Notwithstanding its right to edit and amend copy and photographs, www.durban-direct.com accepts and holds no liability for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the owner/lister or edited by www.durban-direct.com staff.2. Accuracy
2.1 All listings on www.durban-direct.com, as submitted by the owner/lister and amended from time to time by www.durban-direct.com staff, are the responsibility of the owner/lister, and www.durban-direct.com specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on an advertiser's part. By accepting these Terms and Conditions and paying to list on www.durban-direct.com, you agree to indemnify and hold www.durban-direct.com and its affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.
2.2 Owners/listers are solely responsible for keeping their information up to date on www.durban-direct.com, including, but not limited to any and all representations about the property, its amenities, location, and its availability for a specific date or range of dates. www.durban-direct.com makes no representation or warranties that any of the copy or availability information published on www.durban-direct.com is accurate or up-to-date even in the case where visitors have searched for specific special offers, dates, or types of properties.3. Photographs
3.1 By submitting a photograph either electronically through our website or by mailing a paper based photograph to our offices, the Owner/lister is representing an warranting that (a) he holds all intellectual property rights with respect to each submitted photograph, or (b) he has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, and (c) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, and (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph and (d) that he will indemnify and hold harmless www.durban-direct.com and its affiliates from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.4. Liability
4.1 www.durban-direct.com does not warrant that the operation of the www.durban-direct.com site will be uninterrupted or error-free.
4.2 In no event shall www.durban-direct.com be liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits.5. Copyright
5.1 By accepting these Terms and Conditions and by paying and posting a listing on www.durban-direct.com, the Owner/lister grants to www.durban-direct.com and its affiliates a fully paid up license to use the copy, the photographs, the likenesses (if any) on its website or the websites of its affiliates and grants www.durban-direct.com and its holding company Accommodation Direct CC, Inc. the ability to copyright and protect the images, copy, and information available via the Owner/listerís listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. www.durban-direct.com is not responsible for any infringement of copyright laws resulting from material supplied by the Owner/lister and the Owner/lister indemnifies www.durban-direct.com against any action brought for breach of copyright or other rights from the use of such material supplied by the advertiser.
5.2 www.durban-direct.com shall be entitled to reproduce part or whole of any photographic material supplied by the advertiser in the promotion of either the Owner/listerís property or the promotion of www.durban-direct.com.
5.3 www.durban-direct.com claims copyright to the electronic images of the photographic material supplied by advertisers , excepting photographs pertaining to the South African National Parks which have been clearly marked as the property of SANParks. The Owner/Lister will assist www.durban-direct.com at www.durban-direct.com expense and controlled by www.durban-direct.com to protect its copyrighted material from unauthorized redistribution.
5.4 It is the Owner/lister's responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The advertiser warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to www.durban-direct.com the rights therein contained.6. Hypertext links
6.1 www.durban-direct.com reserves the right to refuse hypertext links to, or addresses of, other web sites from advertisers' pages, and to remove links or web addresses without notice at our sole discretion.
6.2 www.durban-direct.com reserves the right to charge for hypertext links at any time.7 Guest Books
7.1 Any entries in the guest book section must be genuine comments from guests who have stayed at the property advertised. The e-mail address of the guests whose comments are given must be supplied on request.8. Substitution of properties
8.1 An advertisement relates to a specific property. The property in an advertisement may not be substituted by another property. If an Owner/Manager submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then www.durban-direct.com will have the right to terminate the listing and may choose, in its sole discretion, to retain any unearned fees associated with the term of the previously existing listing as compensation for violating this condition.9. Advertising more than one property on one advertisement
9.1 Each advertisement on the www.durban-direct.com site displays an individual and uniquely identified property available for short term holiday rental. The listing specifically cannot be a mere example of properties in a given area. Only one property/rental unit can appear on each advertisement. www.durban-direct.com reserves the right to amend the copy or remove the advertisement, when more than one property is described in the advertisement, and may choose, in its sole discretion to retain any unearned fees associated with the initial term of such non-conforming listing as compensation for violating this condition.10. Termination of advertising
10.1 All listings are sold to run the full period that is chosen by the Owner/lister. Listings removed at your request prior to the completion of their full run area not subject to a refund.
10.2 www.durban-direct.com reserves the right to refuse any listing submitted to www.durban-direct.com either through its online submission process or sent to our offices for us to load onto the website. We can refuse to publish the ad for no reason, and you specifically agree to hold us harmless for any loss or liability that may arise from such a decision.
10.3 If you submit unsuitable material into the www.durban-direct.com online database, or persistently misuses the online systems, www.durban-direct.com reserves the right to remove the property from the www.durban-direct.com site. No refunds will be paid.
10.4 If www.durban-direct.com receives a complaint from a person who has rented an listerís property which www.durban-direct.com, acting reasonably, considers to be justified, or if you double-book a property for multiple renters on the same date, or if you engage in any business practice that would be considered within the holiday rental industry to be unfair, or if you are in breach of your obligations to www.durban-direct.com, then www.durban-direct.com reserves the right to remove the property from the www.durban-direct.com web site without notice.11. Payment
11.1 Quoted prices are in Rands (ZAR) and payment for listings should also be made in Rands (ZAR) using either a credit card, debit card, or wire transfer. Other alternatives may be acceptable however.Banking details (for wire transfers)
|Account holder||Accommodation Direct|
The SWIFT code needs to be used for international payments
VAT Registration number : 465022950512. Security Policy
12.1 www.durban-direct.com payments
Payments made by credit card for advertising on www.durban-direct.com will be made on the 128 bit SSL (https://) VCS credit card processing webpage. The page is verified by Thawte to ensure that nobody can inpersonate or intercept the credit card information entered by the client. It is the responsibility of VCS for ensuring the proper security measures are in place for facilitating this payment. The merchant (www.durban-direct.com) will have no access to the client's credit card details in this scenario.
12.2 www.accommodationdirect.co.za payments
When tenants make a credit card payment to confirm a booking for a property their information will be acquired from a 128 bit SSL (https://) page on www.durban-direct.com. The page is verified by Thawte to ensure that nobody can inpersonate or intercept the credit card information entered by the client.
www.durban-direct.com will have access to the tenant's credit card in this instance and they will be encrypted and stored in a password-protected database which only the most senior members of www.durban-direct.com will have access to. After full settlement, including any breakage deposits, and upon satisfaction of the services received by the tenant, the tenant's credit card details will be removed from the system completely.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.14. Refunds/cancellation Policy
www.durban-direct.com payments (Applying to advertisers on a commission free basis)
Should you for any reason wish to cancel your payment for advertising on www.durban-direct.com you will be liable for a 15% (maximum) handling fee. We need a signed notification from the person who made the original payment in this regard.
www.accommodationdirect.co.za payments (Applying to tenant)
15.1 Any and all www.durban-direct.com services and products are performable and/or sold in Cape Town, South Africa, and you irrevocably agree to that any cause of action you may submit will be filed in Cape Town, South Africa which will be the venue of any legal dispute. You also agree that any dispute will be governed by the laws of South Africa.