The following information describes how the relationship between Just Reserves (PTY) LTD 2020 / 849571 / 07 and your establishment will work going forward. When you register to list on justreserves.com/za, and utilise our services offered via the Just Reserves website, you are deemed to have read, understood and agreed to all these terms. Should you not agree to these terms in full, do not continue to list on the Just Reserves website.
No sales representative, affiliate, dealer, agent, office, officer or employee of Just Reserves (PTY) LTD has the authority to amend these terms.
You warrant that you have the contractual capacity to enter into this agreement with Just Reserves (PTY) LTD. If the agreement is signed by a person acting in a representative capacity, the party signing hereby warrants that all of the information relating to the entity, partnership, association or any other person whom he/she represents and which he/she has supplied to Just Reserves (PTY) LTD at any time will be true and accurate. You indemnify Just Reserves against any loss or damage that Just Reserves (PTY) LTD may sustain resulting from such misinterpretation.
Just Reserves (PTY) LTD will referred to as justreserves.com/za in the context of the website.
1.1. Just Reserves (PTY) LTD shall not be liable for loss, liability or damage of whatsoever nature arising from us withdrawing or denying the listing of your establishment on justreserves.com/za.
1.2. There are types of establishments that we will decline to list or will be removed from justreserves.com/za if found to be controversial or unethical e.g., hunting of endangered species.
1.3. Just Reserves (PTY) LTD reserves the right to present accommodation and activity options to customers in any order or position.
1.4. Your listing may be displayed alongside particular media and/or content including but not limited to banners and adverts for any product. You will not be entitled to any revenue generated from said advertising.
1.5. Hyperlinks may be published on your listing or anywhere on justreserves.com/za. These said hyperlinks can be linked to other internet addresses, internal or external.
1.6. Just Reserves (PTY) LTD will endeavour to always make our services available to you, however, we do not guarantee that the system will at all times be free of errors or interruptions.
2.1. justreserves.com/za may at its election, in its sole and absolute discretion delist your establishment from our website at any time without notice.
2.2. You have the right to delist your establishment from our website, Just Reserves (PTY) LTD will delist your establishment within 10 working days from your instruction.
2.3. Any establishment has no explicit or implicit right to be listed on justreserves.com/za, irrespective of any prior relationship, number of clients referred, time period of listing, payments made, potential effect on your business or any other factor of whatsoever cause, nature or effect.
2.4. If you are delisted, you have no recourse against Just Reserves (PTY) LTD or any related or associated person.
2.5. Just Reserves (PTY) LTD reserves the right to delist an establishment at its absolute discretion for any reason including but not limited to:
2.7. The rights and obligations of all parties under the terms of this agreement will still persist in the event your establishment’s delisting.
2.8. In the event of your establishment’s delisting, the rights of the customers introduced via justreserves.com/za will continue.
2.9. In the event of your establishment’s delisting, Just Reserves (PTY) LTD reserves the right to use your content for advertising space that may have been purchased prior to delisting.
2.10. Should the establishment be delisted, you undertake to honour any bookings that have already been made, prior to your delisting on justreserves.com/za. You specifically indemnify Just Reserves (PTY) LTD from any and all damages you may suffer as a result hereof.
3.1. Just Reserves (PTY) LTD reserves the right to alter your listing at any time.
3.2. Just Reserves (PTY) LTD is not required to notify you of any such changes.
3.3. You agree that
3.3. You undertake to ensure that your content is accurate. You shall notify Just Reserves (PTY) LTD of any material changes that would be relevant to justreserves.com/za or our customers.
3.4. In the event of change of ownership or management of your establishment, it is your responsibility to notify Just Reserves (PTY) LTD.
3.5. If you make use of a third-party availability provider that is integrated with justreserves.com/za, then Just Reserves (PTY) LTD may assume that the data we obtain from the provider is accurate and up to date.
3.6. You will be responsible for any issues that may arise from any inaccurate or outdated information that we receive from said third-party.
3.7. Just Reserves (PTY) LTD should not be held liable for any damage, loss or liability of whatsoever nature, cause and effect, arising from misrepresentation by you.
3.8. Just Reserves (PTY) LTD encourages customers to leave reviews. You will be provided with an opportunity to respond to a review.
4.1. You hereby appoint Just Reserves (PTY) LTD as your agent with eligibility to receive payments on your behalf with respect to any bookings made through justreserves.co.za.
4.2. If a deposit is effected of less than full payment, it shall be your responsibility to collect any outstanding amount from the customer.
4.3. Just Reserves (PTY) LTD will pay you the amount collected from the customer for their booking, subject to the deductions specified elsewhere in this agreement.
4.4. You are responsible to provide Just Reserves (PTY) LTD with correct bank details as well as proof of bank details if requested. Should a change in ownership or bank account take place, you must immediately notify Just Reserves (PTY) LTD. Just Reserves (PTY) LTD will not be held responsible for payments made into incorrect accounts.
4.5. You agree that on occasion that certain payments may be delayed due to unforeseen circumstances, including but not limited to:
4.6. Just Reserves (PTY) LTD may offset any amounts you may owe for any reason against any amounts that Just Reserves (PTY) LTD owes you, including but not limited to our commission earned on any bookings or refunds we may effect on your behalf to customers.
4.7. Just Reserves (PTY) LTD aims to pay all monies within 2-5 working days of receipt thereof, including balance payments. You agree to honour bookings created by justreserves.com/za prior to receipt of these funds.
4.8. Should you require a SWIFT payment, Just Reserves (PTY) LTD aims to pay you all monies owed to you after 5 working days upon receipt of the SWIFT payment. You agree to honour bookings created by Just Reserves (PTY) LTD prior to receipt of these funds.
4.9. If your bank account is located outside of South Africa, bank charges including SWIFT fees and the cost of converting the payment into your local currency may be charged by your bank, in order to deposit the funds into your account. These costs shall be for your account.
5.1. You agree to pay our commission rate on any bookings made at your establishment by customers who make use of justreserves.com/za or Just Reserves (PTY) LTD.
5.2. We retain a non-refundable confirmed booking commission of 15%, excluding VAT, for introducing the customer or facilitating the booking. If any other amendment at the prevailing rate is agreed upon, this shall be recorded in writing, and signed by both parties.
5.3. VAT, at the prevailing rate, will be added to the stated commission.
5.4. Just Reserves (PTY) LTD will calculate the commission based on the VAT exclusive total booking value, and will invoice you a tax invoice for said commission. The invoice will be sent to you once the customer’s payment has been effected.
5.5. In the event of a particular booking being adjusted for any reason, we will reissue tax invoices.
5.6. You hereby agree that you shall not bypass Just Reserves (PTY) LTD i.e. approach the customer directly when a customer is introduced to you by us, until the customer has paid the deposit or amount for booking at your establishment. Should you bypass Just Reserves (PTY) LTD you will still be liable to pay our commission on the total booking value.
6.1. In the event of cancelled bookings, your own cancellation policy and terms will apply and must be communicated to the customer.
6.2. The cancellation policies that you have made available on the respective third-party availability software will apply.
6.3. The cancellation policy that is presented at the time of booking is the applicable cancellation policy for said booking.
6.4. In the event where you present a more favourable cancellation policy to the customer after their booking has already been confirmed, that more favourable cancellation policy will become the applicable cancellation policy for that booking. You will be bound to this new cancellation policy, regardless of whether this was offered before or after the booking was cancelled or whether you had presented it via Just Reserves (PTY) LTD, third-party availability software, messages, emails or verbally.
6.5. You agree that any ambiguity in the applicable cancellation policy with respect to any booking shall be interpreted to the benefit of the customer.
6.6. Just Reserves (PTY) LTD reserves the right to retain all the commission earned on cancelled bookings.
6.7. Just Reserves (PTY) LTD shall not be liable in the case of ‘no shows’. Just Reserves (PTY) LTD does not have control over whether or not the customer will comply with their obligations to you. Any recourse must be sought against the customer themselves by you. Just Reserves (PTY) LTD shall not be liable or responsible in this regard.
7.1. On the occasion that a customer requests to cancel their booking, Just Reserves (PTY) LTD will:
7.2. If Just Reserves (PTY) LTD has already paid you for the cancelled booking, you will receive an invoice for any amounts owing to Just Reserves (PTY) LTD. The amount must be paid back to Just Reserves (PTY) LTD in full on the first working day following our request for you to do so. Just Reserves (PTY) LTD will be entitled to deduct the outstanding amount from any future payments owed to you by Just Reserves (PTY) LTD.
7.3. Just Reserves (PTY) LTD highly encourages a policy of full refund, if a customer is cancelling because of sickness or death in their immediate family. Should you deem this policy appropriate, and refund any payments made in full, we will refund our commission in full.
8.1. In the event that a customer sends justreserves.com/za a specific enquiry, you are invited to send us an electronic quotation.
8.2. If we receive an enquiry from a customer, that requires specifics that are not available on justreserves.com/za, we will contact you directly for a quote.
8.3. Should a quotation be sent, this constitutes a legal offer by yourself, which may be accepted or declined by the customer. If you have quoted the customer incorrectly, and the customer accepts said quotation, if the booking has been accepted by you, you are required to honour the amount so quoted.
8.4 Each quotation needs to be sent with a specified expiry time. Acceptance by the customer prior to quotation expiration constitutes a binding contract between you and the customer.
8.5. Once a customer has confirmed their intention of paying for said booking, Just Reserves (PTY) LTD will inform you of such. Either Just Reserves (PTY) LTD or your establishment will then provisionally reserve said booking. In the event that the customer does not pay within the specified expiration time, then the quotation has lapsed, and the provisional booking will be cancelled.
9.1. Just Reserves (PTY) LTD integrates a variety of third-party availability software. Customers will be able to see your establishment’s real-time availability and be able to make instant bookings through justreserves.com/za.
9.2. Just Reserves (PTY) LTD will assume that all availability and price data that we receive from third-party software is always accurate and up to date. You will be liable for any issues that may arise as a result of any inaccurate information that we receive from said third party.
9.3. An instant booking is confirmed when a customer makes payment to Just Reserves (PTY) LTD via credit card or EFT payment or any other relevant payment option.
9.4. Once the booking is confirmed, Just Reserves (PTY) LTD will automatically inform you via email.
10.1. In the event of a customer’s payment being fraudulent i.e. credit card, bank deposit or proof of payment or if the customers payment has been reversed for any reason whatsoever by the bank or any other agency, Just Reserves (PTY) LTD’s responsibility is limited to the forfeiture of any commission it may have earned in the booking and you are responsible for the reimbursement of any payment you may have received in respect of the booking, irrespective of any cancellation policy. The amount should be refunded to us in full immediately upon us notifying you of a transaction in terms of this clause.
11.1. Just Reserves (PTY) LTD has the right to amend this agreement. Any new version of this agreement shall be emailed to you, at your designated email address, with a copy of or link to the new agreement. The amended agreement shall be deemed effective after 48 hours from dispatch of same, to your designated email address.
12.1. Just Reserves (PTY) LTD shall not be liable to you for any direct or consequential damage whatsoever as a result of using Just Reserves (PTY) LTD or listing your establishment on justreserves.com/za by any person.
12.2. You indemnify us against any claim of whatsoever nature, cause and effect for loss or damage that may arise.
12.3. Our liability shall be limited to the commission paid to us.
12.4. Just Reserves (PTY) LTD shall not be liable for any damage or theft of any property at your premises, nor does Just Reserves (PTY) LTD take any responsibility for the actions of customers.
13.1. The software of justreserves.com/za is owned and operated by Just Reserves (PTY) LTD. All data, collected information and systems are the property of Just Reserves (PTY) LTD.
13.2. Neither Just Reserves (PTY) LTD nor any of its agents shall be liable for any damage, loss or liability of whatsoever nature, cause and effect, arising from the use or inability to use justreserves.com/za software, content or its services. Just Reserves (PTY) LTD makes no representations or warranties of whatsoever nature, cause and effect, that the content and technology on justreserves.com/za, are free from errors, omissions or that the services will be uninterrupted and error free. We encourage you to report any possible malfunctions and errors directly to us.
13.3. Just Reserves (PTY) LTD contains material which is owned by or licensed to J Just Reserves (PTY) LTD. This material includes but is not limited to, the design, layout, look, appearance and graphics, and may be subject to copyright and/or other design or intellectual property rights. You may not copy, replicate or use such information, other than as agreed to between us.
13.4. Just Reserves (PTY) LTD has been designed holistically and has not been compiled to meet your individual requirements. It is your responsibility to satisfy yourself prior to entering this agreement with Just Reserves (PTY) LTD that our service meets your individual requirements and are compatible with your hardware and/or software.
13.5. Any dispute arising from use of our website is subject to the laws of South Africa. All applicable South African law shall apply to this agreement.
13.6. We shall maintain justreserves.com/za including the reservation service, listing service and any technology that supports the website. We shall not be held liable for any damage, loss of liability of whatsoever nature arising from any defects that may be found to exist, or may occur from time to time using justreserves.com/za.
13.7. Just Reserves (PTY) LTD shall not be liable for any direct or consequential loss or damage whatsoever nature, cause and effect, as a result of hacking of justreserves.com/za, planned or unplanned outages or the action of service providers. You hereby indemnify and hold us harmless in respect of any claim arising from hacking or any other outage of service.
14.1. Should you fail to pay any amount whatsoever on due date for payment, then Just Reserves (PTY) LTD may take whatever steps are necessary to recover the outstanding amount.
14.2. In this respect, you hereby derestrict to the Magistrate’s Court.
14.3. We shall be entitled to institute proceedings in the High Court of South Africa.
14.4. You agree that you shall be responsible for our costs on the scale as between attorney and his/her own client.
15.1. This agreement constitutes the sole record of the agreement between the parties.
15.2. No addition, variation or cancellation of this agreement shall be of any force or effect unless reduced to writing and signed by all parties.
15.3. No relaxation or indulgence by any party shall constitute a waiver of such parties’ rights.