Terms & Conditions

1. Introduction

1.1  Welcome to the ExecTravel & Conferencing website at www.exectravel-venues.co.za ("the website"). The purpose of the website is to provide information and detail of services and products offered by ExecTravel CC trading as ExecTravel & Conferencing (“we” or “our”) in the hospitality industry and to set the terms and conditions upon which we offer our services, as provided for in this website. 

1.2  The website is owned and maintained by ExecTravel CC. The website is hosted by Microplanet and is located within the Republic of South Africa.

1.3  By accessing and using the website, you, the user, agree to be bound by the terms and conditions that are set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download and/or otherwise copy or distribute any of the content of this website.

1.4  We may at any time modify these terms and conditions and your continued use of the website will be subject to the terms and conditions in force at the time of your use.

2. Your use of the website

2.1  You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including but not limited to the commission of a criminal offence, to gain unauthorised access to other computer systems or for the transmission of unlawful material.

3. General disclaimer

3.1 You agree to access and use this site entirely at your own risk. Please read the Exclusion of Liability clause 12 here under in this regard.

4.  Terms and Condition applicable to Suppliers

4.1 Any supplier agreeing to contract with us, agree to be bound by the following terms and conditions applicable to suppliers specifically, subject to the provisions of clause 4.2 below, namely:

4.1.1  the supplier undertakes to pay our yearly advertising fee as set out on our marketing page.  The supplier can make use of our special rates that we offer from time to time;  

4.1.2  suppliers don't need to pay pco commission if  they receive the e-mail address of the client as we don't organize the event in this case;

4.1.3  the supplier undertakes to pay commission to us if we ORGANIZE/BOOK the event, as agreed in each circumstances, but failing agreement, the supplier shall pay commission equivalent to the sum of 10% on land arrangements and 7% commission on air arrangements, calculated on the aggregated invoice of the supplier, issued to the client in respect of the products or services supplied or rendered by the supplier to the client introduced by us;

4.1.4  the supplier grants us permission to market and promote their products and services, by means of their brochures, marketing material and displaying their pictures and information on our website or otherwise;

4.1.5 we are only involved in the facilitating of booking of events at suppliers, as an independent contractor, and consequently, the supplier agrees to indemnify us, our directors, members, shareholders, employees and/or agents (“the Released Parties”) against any and all liability, loss, costs (including our reasonable legal costs) or damages (including consequential damages and pure economic loss) that may be incurred by the Released Parties as a result of claims or charges made against the Released Parties (whether at the instance of the supplier or a third party) related to any injury, illness, damage, loss, harm or death of any person (including our client) or which any person (including our client) may suffer arising out of or pursuant to the event facilitated or booked by us with the supplier;

4.1.6  the supplier undertakes and binds itself to supply it’s products free of any defects of whatsoever nature and render its services with due and proper care, maintaining the highest professional standards at all times and devote all reasonable time and attention to the provision of the services as is reasonably necessary in the circumstances.  The supplier shall be liable to the client for any damages suffered by the client as a result of any actions, omission or failures on the part of the supplier in this regard;

4.1.7 the supplier shall be solely responsible to handle and deal with all complaints raised by a client in respect of a supplier’s products or services;

4.1.8 the supplier shall render its final tax invoice to a client by no later than date of departure of the client.  It is the responsibility of the supplier to ensure full payment of its outstanding tax invoice from a client.  We are not responsible to collect any payment from the client.  It remains the responsibility of the supplier at all times.

4.2 Although this clause 4 contains specific provisions applying only to our suppliers, the suppliers shall also be subject to all the other provisions hereof.  Should there be a conflict between a specific agreement, entered into by and between the supplier and us, and this Website Terms and Conditions, the provisions of the specific agreement shall prevail.

5.  Terms and Condition applicable to our Clients

5.1 Any client agreeing to contract with us, agree to be bound by the following terms and conditions applicable to clients specifically, subject to the provisions of clause 5.2 below, namely:

5.1.1  the client undertakes and binds itself not to directly transact with a supplier, introduced and presented by us to the client, upon the client’s special request and instance, without us being involved and earning commission from the supplier.  The client shall not circumvent us in any manner whatsoever vis-à-vis the supplier;

5.1.2 the client shall make a full disclosure to us of all communications, dealings and transactions entered into and concluded between the client and a supplier, introduced by us to the client;

5.1.3  we shall not be liable for any injury, loss, claims or damage of whatsoever nature suffered by the client, its officers, employees, staff, directors, members, shareholders or representatives, as a result of or during the event arranged by us for and on behalf of the client, including but not limited to any injury, loss, claims or damage howsoever arising in respect of any claim or demand by any third party or for any consequential damages;

5.1.4 the client shall be obliged to transact and contract directly with the supplier and consequently, we shall not be liable and responsible for any matters arising from the contractual relationship entered as between the supplier and the client.  In this regard the client shall for instance be responsible to negotiate a refund from the supplier in the event of cancellation of events, changing of the number of guests, arrange directly with the supplier the nature of events, attend to payment directly to the supplier, etc;

5.1.5 we shall not be liable if there are any discrepancies or inaccuracies between the information provided by us to a client in respect of a supplier and the correct situation of facts, save in the event that we do so deliberately;

5.1.6 in addition to any other remuneration, we shall be entitled to receive commission directly from the supplier for referring the event to the supplier;

5.1.7 the client acknowledges that bookings with suppliers are mostly only confirmed by means of payment of either a deposit or the full contract price;

5.1.8  the client shall be obliged to arrange all travel documentation (e.g. visas) prior to departure.  It shall not be our responsibility.

5.2  Although this clause 5 contains specific provisions applying only to our clients, the clients shall also be subject to all the other provisions hereof.  Should there be a conflict between a specific agreement, entered into by and between the client and us, and this Website Terms and Conditions, the provisions of the specific agreement shall prevail.

6. Choice of law

6.1 This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Transvaal Provincial High Court in the event of any dispute.

7.  Accuracy of information

7.1  While every effort is made to ensure that the information provided on the website is current and accurate, you should not assume that the information on the website is always current or accurate, and we should be consulted before making any decision to act on the information displayed on this website.

8. Your privacy

8.1  We respect the privacy of all visitors to this site. You may use this site without providing any personal information. However, so that we can continually assess the popularity of the site and improve it for our visitors, we collect information on the number of visits to the site, pages viewed, etc.

9. Copyright and use of material

9.1 We retain copyright in the website and all current and future content displayed on the website, which is not owned by third parties.

9.2  In terms of a limited licence, granted for general use, we grant you, the user, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the website for your personal, non-commercial and informational purposes only.

9.3 In addition, the website owner grants the user permission to copy and distribute information from the website for non-commercial purposes, provided that: (i) this information has not been sourced from third parties; (ii) the user notifies the webmaster of such use; and (iii) we are acknowledged as the source by reference to the website address.

9.4  The website and its content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial purpose, without our express prior written consent.

10. Your comments

10.  We value comments received from visitors to our website. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and we are not liable to any third party regarding the content of your comments.

11. Links and linking

11.1 External links

11.1.1 This website provides links to other websites. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information and content provided by the external link is done so at your own risk. Third party advertising and promotional material may be displayed on the website from time to time, and the display of such material should not be construed as we are endorsing or creating any relationship between us and that third party. Reliance on any such promotional or advertising material is entirely at your own risk.

11.2 Linking

11.2.1 Any third party wishing to link to the website from their website must obtain permission from us by directing such request to the webmaster, and permission may be granted on terms and conditions agreed.

12. Exclusion of liability

12.1 It is a term and condition of the use of this website that you expressly agree that the use of the website is entirely at your own risk. The website and all content on the website is provided on an "as is" basis, and we make no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the website.  We do not warrant that the functions provided by the website will be uninterrupted or error-free, or that the website or the server is free from viruses or other harmful components.

12.2  ExecTravel CC, its members, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by you the user, which arises directly or indirectly upon reliance of the website and/or its content.

12.3 ExecTravel CC, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where we are expressly advised thereof.

12.4  You will indemnify ExecTravel CC, its members, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of this website.

13.  Contact details

13.1  Our contact details for any purposes related to these terms and conditions are:

13.1.1  Telephone: +27 (0)12 460 8322 or 082 829 1604 (Eileen)

13.1.2  Fax: 086 647 2018