Terms of Service

1. DEFINITIONS

2. INTRODUCTION

1. HMR acts as an agent for the Host by arranging bookings and taking payment from Guests for the Properties that appear on our website.
2. HMR do not own any of the Properties but we reserve the right to refuse any booking in accordance with these booking Terms and Conditions.
3. These terms and conditions apply to any booking a Guest makes with HMP and/or HMR for the Property, whether by telephone or via our website and/or through any third-party websites we may use.

3. ACCEPTANCE OF THIS AGREEMENT

4. CAPACITY, CONSUMER PROTECTION AND ECT ACT

1. By making use of this website, you hereby warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement is signed by a person acting in a representative capacity on your behalf, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to HMP and/or HMR at any time will be true, accurate and complete. HMP and/or HMR reserves the right to treat all misrepresentations by you as a fraud and you hereby indemnify HMP and/or HMR against any loss or damage that HMR may sustain resulting from such misrepresentation.
2. The provisions of the ECT Act apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper-based transaction, e.g. where you apply for a service or product by completing an agreement in writing.
3. You acknowledge that HMR will provide you with an opportunity in respect of all electronic transactions to:
   1. review the entire electronic transaction;
   2. correct any mistakes; and
   3. withdraw from the transaction, before finally placing the order.
4. In terms of Section 43 of the ECT Act HMR are required to make its contact details, its domicilium citandi et executandi and certain other information available to you when you enter into electronic transactions with HMR. This information is available on our website under Terms and Conditions.
5. Under section 42(1)(d) of the ECT Act the cooling off period set out in section 44 of the Act does not apply in respect of services which began with the consumer’s consent before the end of the 7-day period referred to in section 44(1).
6. Under section 42(1)(f) of the ECT Act the cooling off period set out in section 44 of the Act does not apply in respect of goods which by reason of their nature cannot be returned.
7. The cooling-off period does not apply in respect of the Services.
8. Under section 43(1) and (2) of the ECT Act HMR is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that HMR has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 (fourteen) days of receiving the relevant services under the transaction.
9. Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accept technological standards at the time of the transactions and the type of transaction concerned.
10. Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).

5. AVAILABLE PAYMENT OPTIONS

6. CONTRACTUAL RELATIONSHIP

7. BOOKINGS AND DELIVERY POLICY

1. Bookings can only be confirmed and secured once payment of the total fee (as set out in the quotation) has been received. HMR do not control or facilitate the process whereby funds are reflected in our bank account.
2. Please note: HMR does not provide the quotation information. This is provided by the Host and forms the basis of the Agreement between the Guest and the Host. If the Guest is quoted incorrectly by HMR based on information provided by the Host, the Host will be responsible for any shortfall between any quotation and the actual price of any accommodation. HMR will never be responsible for any incorrect quotations.
3. The Property can only be guaranteed when the required funds are reflected in the Trust Account and a booking confirmation has been sent to the Guest. HMR are not responsible for the lapsing of any quotation or for any booking(s) being lost due to a delay in the processing of any payment.
4. Subject to receipt of payment, requests for accommodation will be processed within one hour of receipt thereof and confirmed by way of an email to the Guest containing a booking reference number. Upon receipt of the confirmation of the booking the Guest will be required to courier HMR a certificated copy of their Identity Document (both sides in the case Identity cards) or passport for foreign travellers and certified copy of proof of permanent address certification having taken place within the last 3 (three) months.
5. Once HMR have confirmed a booking, a legally binding Rental Contract will be formed between the Guest and Host under which the Host will make the Property available to the Guest for the holiday period and provide the rental service.
6. HMP and HMR shall not be a party to the rental contract between the Guest and the Host.
7. The deposit and booking fee are held in the Trust Account and are paid to the Host 7 (seven) days prior to a Guest taking occupation of the Property.
8. PAYMENT, CANCELLATION AND REFUNDS POLICY
   • For bookings of less than R2 500 (two thousand five hundred rand) and bookings made less than 14 days prior to arrival the full fee is payable upon confirmation of the booking.
   • For bookings made between the 16th of January and the 24th November a 50% deposit is required to secure the booking and the balance is payable 15 days before arrival.
   • For bookings made between the 25th November and the 15th January AND long stay bookings a 50% deposit is required to secure the booking and the balance is payable 45 days before arrival.
9. Each Property on the Website has its own cancellation policy. This policy is viewable by the Guest during the booking process and is legally binding. If you are not satisfied that the policy is reasonable, please do not make a booking.
10. In the event that there is no booking policy for a particular establishment then the following default policy will be applicable:
    • No show or cancellation within 14 days of stay – no refund due.
    • Cancellations between 15 and 30 days before stay – 25% of the deposit will be refunded.
    • Cancellations between 30 and 60 days before stay – 50% of the deposit will be refunded
    • Cancellations more than 60 days before stay – full refund.
11. For bookings made between the 25th of November and the 15th of January as well as for bookings of over 45 days the following default policy will be applicable:
    • No shows or cancellation within 40 days of stay – 100% of total cost of booking will be forfeited.
    • Cancellations between 40 and 60 days before stay – 100% of the deposit will be forfeited
    • Cancellation between 60 and 90 days before stay – 50% of the deposit will be refunded
    • Cancellations more than 90 days before stay – full refund.

9. NO-SHOWS

10. COVID-19 AND SICKNESS OR DEATH CANCELLATION POLICY

1. If a Guest has to cancel a booking due to Government travel restrictions arising from Covid-19 the booking will be cancelled, and the Guest will be entitled to a 100% refund.
2. Please check for travel restrictions before making a booking. Travel may only be permitted for certain purposes and in particular tourist travel may not be allowed.
3. HMR advise you to consider the risk of Covid-19 and associated Government measures. We advise you to carefully review the cancellation policy for the Property before making a booking.
4. Guest’s may be able to cancel due to circumstances related to Covid-19 however this is dependent on the destination, the date the booking was confirmed, the departure date, the arrival date and/or the reason for travelling.
5. Each Property on the website has its own cancellation policy. While HMR encourages a policy of full refund in the event of a Guest cancelling due to sickness or death in their immediate family the policy of the Property will apply.

11. INSURANCE

12. FORCE MAJEURE

13. CANCELLATION BY HOST

1. In the event of a Host cancelling a confirmed booking made via the Website, HMR will make a full remittance of such amounts as it may have received from the Guest.
2. As soon as reasonably possible HMR will communicate the Host’s cancellation of the confirmed booking to the Guest.
3. Where possible HMR will attempt to locate alternative accommodation for the Guest, with such alternative accommodation being subject to availability and the willingness of the Guest to accept.
4. HMR commission is not refundable and is payable by the Host together with all bank charges which have been incurred for the booking.
5. The Host is responsible for any liability that may arise as a result of their failure to honour any booking for any reason.

14. DOUBLE BOOKINGS AND NON-AVAILABILITY OF ACCOMMODATION

1. Once an offer has been accepted by a Guest, a Host will be unable to change the pricing or availability of the accommodation. The Host is responsible for any liability that may arise as a result of any double booking.
2. In the event that a Host accepts more than one booking reservation for the same space of accommodation over the same period of time, and at least one of these reservations is booked via HMR or the HMP website, the Host will be in breach of their contract with HMR. In such an event, the Host is required in terms of their contract with HMR to offer suitable alternative accommodation to the Guest. If the Host fails to do so, then HMR will refund the Guest in full.
3. Any agreement for accommodation and the associated rights and obligations are between the Guest and the Host. Therefore, neither HMP or HMR can be held liable for any damages or loss the Host has suffered as a result thereof.

15. SECURITY DEPOSITS

1. A Host may elect to impose a Security Deposit which the Guest will be required to pay 14 (fourteen) days prior to occupation of the property (“Security Deposit”). The Security Deposit will cover, but is not limited to, breakages, check out cleaning fees, professional cleaning of carpets and furniture, if necessary, replacement of linen stained by makeup and/or suntan lotion/oil, late check-in, replacement of lost keys and/or remotes, or fogging of Property.
2. The Security Deposit stipulated by a Host in a listing will not be included in the calculation of the accommodation fee.
3. Notwithstanding anything to the contrary contained within this Agreement any security deposit stipulated by the Host must be paid to HMR within 14 days prior to occupation of the Property by the guest and held in the Trust Account.
4. Should there be any damage or loss to the Property, this is to be communicated by the Host to the Guest and HMR in writing along with any photographic evidence, if available, and replacement quotes.
5. HMR will on written agreement between the Host and Guest refund the Guest the Security Deposit less costs as stipulated in clause 15.1 within 14 (Fourteen) days of the Guest’s departure from the Property.
6. While HMR is sympathetic of any damaged caused to a Property and/or theft of any property, HMR are unable to assume any liability in this regard. As such any recourse will need to be sought against the Guest by the Host and HMR specifically does not accept any liability or responsibility in this regard.
7. Occupation of the Property cannot take place until the full rental and security deposit has been paid into the Trust Account.
8. While HMR will hold the Security Deposit in their Trust account, we will not get involved in any disputes or be held responsible for any loss or damage incurred during a Guest’s stay.
9. In the event that there is a dispute, the Security Deposit will be held in the Trust account and paid over to the court.

16. DAMAGES TO THE ACCOMMODATION

1. The Guest is responsible for returning the Property to the Host in the condition in which it was received.
2. The Property will be subject to an entrance and exit inventory process, with such process to be agreed upon and facilitated by the Guest and the Host.
3. Guests are responsible for both their acts and omission and the acts and omissions of any individuals present at the Property at the Guest’s invitation, or such third parties which the Guests may provide with access to the Property during the duration of the booking.
4. In the event of a Host claiming to have suffered loss or damage as a consequence of the acts or omissions of the aforesaid parties, and where the Host is able to provide reasonable evidence of such damage or loss, the Guest hereby agrees to pay the reasonable cost of replacing or repairing either the accommodation or the contents thereof.
5. A Guest notified of a claim by a Host and/or HMR will be given 48 (forty-eight) hours within which to respond to the Host’s and/or HMR’s claims, failing which HMR will be entitled to make reasonable charges to the Guest for the replacement or repair of damage or loss sustained to the Property or the contents thereof.

17. MISCONDUCT

1. Should you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who has:
   1. Engaged in offensive, violent or sexually inappropriate behaviour.
   2. You suspect, stolen property which belongs to you.
   3. Engaged in any other disturbing conduct.
2. You should immediately report the person to the appropriate authorities and then to HMR by emailing rentals@helenmelonproperties.co.za including a full description of the offending conducts and any supporting documents, such as a copy of the docket opened by the appropriate authorities.
3. While HMR treats all reports of misconduct by Guests or Hosts seriously, we are under no general obligation to act against the party forming the subject of a complaint, save for where action by HMR is mandated by applicable laws.

18. REVIEWS AND COMPLAINTS

1. The purpose of a review is that it should provide fellow travellers with a well-balanced insight into the Property and give them an unbiased account of what they should or should not expect based on your experience.
2. A Guest’s review should be useful and beneficial to other readers who are contemplating making a booking at the Property which you are reviewing. To this end the review should be written by you, the Guest, and include your personal opinion relating to your experience. No second-hand stories, rumours, malicious gossip or opinions of other should form part of your review.
3. The reviews are to be written by Guests who have booked through HMR. We will not accept reviews submitted by Hosts, current or past employees of the Host, or Hosts posing as guests.
4. The reviews should not contain any personally insulting comments, descriptions, or language, smear campaigns or irrelevant and obstructive content. Such content will land up in our recycling bin. In addition, a review is not the place for general, political, ethical or religious opinion and we most certainly will not post questions or comments directed at Hosts and/or management or questions directed to, or about HMR, our employees or Hosts.

• Only reviews received from Guests who booked through the HMP website and paid for their accommodation via HMR will be published.
• We will not publish any reviews that contain profanities, threats, defamatory comments, racial or prejudiced comments or hate speech. In addition, we will not publish any reviews containing information on criminal activity, violent or not.
• Reviews will be limited to one review per booking per establishment. We will not publish repeat reviews of the same establishment by the same reviewer/guest, irrelevant reviews and material from other sources.
• Your reviews need to be short, to the point, in well written English with no CAPS, HTML tags, use of symbols or slang.

19. MARKETING AND OPERATIONAL MESSAGES

1. HMR and HMP are committed to protecting your privacy and your personal information. Please read our privacy policy.
2. HMR and HMP will use your information to send you important operational and service messages, for example providing you with information requested by you in an enquiry or notifying you when your quotation is about to expire. These details will not be used for marketing or promotional purposes unless expressly agreed by you.
3. Please do not mark these operational and service messages as spam or junk mail as you will not be able to receive messages relating to your enquiries or bookings.

20. SERVICE DELIVERY AND INTERRUPTIONS

21. BREACH

22. SEVERABILITY

23. WARRANTIES AND INDEMNITY

1. The Guest, hereby warrants the following:
   • You have the right to enter into this Agreement and
   • All information provided by you is accurate and true in all material respects.
2. The Guest hereby indemnifies HMP and HMR unconditionally and irrevocably and agrees to hold HMP and HMR harmless against all loss, damages, claims, liability, and/or costs of whatsoever nature, howsoever and whenever arising, suffered or incurred by HMR and HMP or instituted against HMR and HMP as a result of (without limitation):
   • Your use of our services.
   • Your failure to comply with these terms and a provision of any agreement concluded between us.
   • Any unavailability of, or interruption in the service.
   • Any other cause whatsoever relating to the provision of services to you by us.

24. DISCLAIMER AND LIMITATION OF LIABILITY