DEFINITIONS AND INTERPRETATIONS
In these Terms and Conditions unless the context indicates otherwise:
Activities and Additional Items means any activity or item offered by a Host to a Guest for purchase, licence, lease, use or otherwise. By way of example, Activities and Additional Items may include:
(a) both guided and self-guided activities, such as hiking, horse riding, fishing, bicycling, motorcycling, four-wheel driving; and
(b) sale of items such as food, drink, firewood, essential items, grocery supplies, outdoor and recreational equipment and supplies.
Account means a Campfly account, which may be applied for pursuant to the process contained in clause 4.
Account Holder means a User who has registered for an Account pursuant to the process contained in clause 4.
Adjustment Event has the meaning given to that phrase in the VAT Act;
Adjustment Note has the meaning given to that phrase in the VAT Act;
Agreement means the agreement between you and Campfly in accordance with the Terms and Conditions.
Campfly System means the whole of the system which Campfly uses to provide the Services and includes the website and any software, applications, programs, interfaces and databases used to provide the Services.
Combined Fees means both the Property Licence Fees and the Guest Fees, plus any Taxes.
Confirmation Period means the period of time commencing when a booking request is made by a Guest, in which a Host may accept or decline the Guest’s booking request. The Confirmation Period will be displayed on the Website, Property Listing or otherwise in the Campfly System.
Consideration means any amount or consideration payable or to be provided pursuant to any provision of this Agreement (including but not limited to the Host Fees and the Guest Fees).
Guest means an Account Holder who requests to book a Property from a Host using the Campfly System or an Account Holder who stays at a Property (other than the Host of that Property).
Guest Fees means the fee Campfly charges a Guest for using the Services. Campfly will advise the Guest of the Guest Fees before the Guest confirms the sending of a booking request to a Host and by sending the booking request, the Guest accepts the Guest Fees.
Host means an Account Holder who creates a Property Listing via the Campfly System.
Host Fees means the fee that Campfly charges a Host for using the Services. Campfly will advise the Host of the Host Fees before the Host confirms the acceptance or decline of a booking request from a potential Guest and by accepting the booking request, the Host accepts the Host Fees.
Mandatory Insurance Fee means the insurance premium charged by the Insurance Issuer for the Mandatory Insurance. Property means a parcel of land which includes a range of accommodation, campgrounds, buildings, rooms or other places or facilities and includes any fixtures, fittings and other property located on them, and includes any Activities and Additional Items where offered by a Host to a Guest through the Campfly System.
Property Listing means a Property which is listed on the Campfly System by a Host, and includes any Activities and Additional Items where offered in conjunction with a Property by a Host to a Guest through the Campfly System.
Rate means the rate at which the VAT Act from time to time imposes or levies VAT on a supply under this Agreement.
RCTI means Recipient Created Tax Invoice.
Services means the service offered by Campfly to connect Guests who are wishing to rent Properties with Hosts who are wishing to rent Properties, offered by way of an online platform being the Campfly System.
Tax includes any tax, levy, impost, deduction, charge, rate, duty, compulsory loan or withholding which is levied or imposed by a government authority, including without limitation any withholding, income, value added tax, occupancy or accommodation tax, fees, stamp or transaction tax, duty or charge together with any related interest, penalty, charge, fee or like amount.
Taxable Supply has the meaning given to that phrase in the VAT Act.
Terms and Conditions means these terms and conditions as may be amended from time to time.
User means a user of the Campfly System and shall include a Host, Guest and Account Holder. A reference to “you” shall mean a User.
VAT means any form of value added tax and includes that pursuant to the VAT Act 89 of 1991;
VAT Amount means the Consideration (after deducting any VAT Exempt Component) multiplied by the Rate.
VAT Act means the Value-Added Tax Act 89 of 1991 or (as appropriate to the context) any legislation or regulation which imposes, levies, implements or varies a VAT.
VAT Exempt Component means any part of the Consideration to the extent that it relates to a supply that is free or exempt from the imposition of VAT.
Website means the Campfly website at www.campfly.co.za and includes other websites which Campfly uses to provide the Services.
In these Terms and Conditions unless stated otherwise or the context indicates otherwise:
(a) headings are for convenience and do not affect interpretation.
(b) references to legislation or regulations include any:
(i) modification or re-enactment of them; and
(ii) instrument, regulations or orders issued under them.
(c) the singular includes the plural and the plural includes the singular.
(d) a reference to more than one person or party is to all or any of those persons or parties.
(e) a reference to a thing includes the whole or any part of that thing.
(f) if a word or phrase is defined, its other grammatical forms have a corresponding meaning.
(g) reference to a party includes that party’s executors, administrators, successors (including any entity resulting from a permitted amalgamation), permitted assigns and substitutes.
(h) reference to a “person” or a word denoting an individual, person, firm, partnership, association (whether or not incorporated), corporation, authority, government, government agency or any other body or entity (in each case whether or not having separate legal personality), includes any of them.
(i) reference to a month or year is to a calendar month or year.
(j)the expression “R” or the word “Rand” means South African rand.
(k) reference to a “party” is to a party to these Term and Conditions.
(l) a reference to any agreement or document is to that agreement or document as amended or replaced from time to time.
(m) references to people include corporations, associations, partnerships, government authorities, and other legal entities.
(n) references to writing include any means of representing or reproducing words, figures, drawings or symbols in a visible, tangible form, in English.
(o) references to content include text, graphics, images, music, software (excluding software comprising the Campfly System), audio, video, information or other materials.
(p) no rule of construction of documents shall apply to the disadvantage of a party, on the basis that the party put forward this document or any relevant part of it.
2. ACCEPTANCE AND CONDITION OF USE
2.1 Campfly will only grant you use of and access to the Campfly System on the condition that you accept all of these Terms and Conditions. Please read these Terms and Conditions carefully. By accessing or using the Campfly System you indicate your agreement to these Terms and Conditions. If you agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant to Campfly that you have the necessary authority to bind that company or other legal entity. If you do not agree to these Terms and Conditions, you are not permitted to use the Campfly System.
2.2 You are not permitted to use the Campfly System unless you are 18 years of age or older. By accessing or using the Campfly System and agreeing to these Terms and Conditions, you are representing and warranting to Campfly that you are at least 18 years of age.
2.3 You acknowledge and agree that Campfly is not a party to any agreements entered into between Hosts and Guests and that Campfly does not make any representation that is an agent or insurer for you. Your relationship with Campfly is that of an independent third party contractor and nothing in these Terms and Conditions shall create a relationship of an employee, partner, agent, representative, trustee or joint venturer of Campfly for any reason.
2.4 Campfly may vary these Terms and Conditions and the Campfly System from time to time in its sole discretion and in doing so may require you to accept the revised Terms and Conditions before allowing you further use of the Campfly System. By continuing the use the Campfly System, after any such change, you agree to accept any change and to be bound. If you do not accept any such change, you are not permitted to use the Campfly System and this is your only remedy.
2.5 Campfly grants you, in accordance with these Terms and Conditions, a limited, non-exclusive, non-transferrable licence to access the Campfly System and view content on the Campfly System which you are permitted to view but solely for your personal and non-commercial purposes. You shall not be permitted to licence your rights under this clause or these Terms and Conditions.
3.1 The Campfly System provides an online platform to allow Guests and Hosts to meet online and arrange bookings for Properties directly with each other, displays information about Properties and other places or facilities made available for activities and provides a facility for potential users of such Properties and other places or facilities to enter enquires about any Property or Properties and other places or facilities displayed on the Campfly System and to request a booking of a Property. Campfly accepts no responsibility for the actions of Hosts or Guests or for any other user of the Campfly System.
3.2 Campfly is not an owner or operator or provider of any travel or transport services, properties, campsites, lodgings or other accommodations and Campfly does not rent, manage or control any of the foregoing. The responsibilities of Campfly are limited to operating the Campfly System in accordance with these Terms and Conditions.
3.3 Whilst Campfly requires Hosts to provide correct information about Properties, Campfly expressly disclaims any liability for any information about any Property or any other part of the Campfly System not being correct or being misleading or deceptive. Campfly gives no warranty that such information is accurate, and it is your responsibility to verify information regarding a Property with Hosts directly.
4. USER REGISTRATION
4.1 The Campfly System can be used to list and book Properties. You may view Property Listings as an unregistered User of the Campfly System, however in order to book a Property or to create a Property Listing, you must register for an Account. You may register for an Account on using the Campfly System or by other means which Campfly may make available from time to time for such purpose.
4.2 The personal information that you provide to Campfly (or which Campfly otherwise obtains) during the registration process, shall be used to create your Account. You must give us current, accurate, and complete information about yourself during the registration process and you must ensure that any such information is always kept up to date. If any such personal information provided by you during the registration process or after the registration process is not accurate, current, complete or if it is fraudulent or otherwise in breach of these Terms and Conditions, Campfly may suspend or terminate your Account and your use and/or access to the Website or the Campfly System.
4.3 You may only have one (1) Account and you may only register an Account for yourself. If you create more than one (1) Account, Campfly may suspend or terminate your Account/s and your use and/or access to the Website or the Campfly System. If your access to the Website or the Campfly System has been limited or your Account has been suspended terminated, then you must not register or attempt to register a new Account and you must not access or attempt to access the Campfly System. You are not entitled to any restoration of your Account if this Agreement is terminated.
4.4 You may be provided a password for your Account. You are responsible to and must take all necessary steps to keep the password safe and secure at all times and you must not divulge the password to anyone. You are solely responsible for any actions or activities that are undertaken using your Account regardless of whether or not you have authorised those actions or activities. If you become aware of any unauthorised use of your Account you must immediately notify Campfly.
5. USER CONDUCT
5.1 In using the Campfly system you agree that you must not:
(a) tamper with or hinder the operation of the Campfly System;
(b) interfere with or otherwise damage the Campfly System, including but not limited to transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Campfly System;
(c) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Campfly System;
(d) modify, adapt, translate or reverse engineer any portion of the Campfly System;
(e) copy, store, access or use any information on the Campfly System except as expressly allowed under these Terms and Conditions;
(f) remove any copyright, trade mark or other proprietary rights notices contained in or on the Campfly System;
(g) breach any authentication or security measures of the Campfly System or scan or test (or attempt to scan or test) any vulnerability of the Campfly System;
(h) remove, bypass, circumvent, avoid or undertake similar action (or attempt to) in relation to any security or technological system in place in respect of the Campfly System;
(i) reformat or frame any portion of the web pages that are part of the Campfly System;
(j) create Accounts by automated means or under false or fraudulent pretences;
(k) use the Campfly System to violate the security of any computer or other network or engage in illegal conduct;
(l) use the Campfly System to use or expose any Campfly content that is not otherwise publicly displayed;
(m) take any action that imposes or that would, in Campfly’s reasonable opinion, result in an unreasonable or disproportionately large load on Campfly’s infrastructure;
(n) post or upload any content containing viruses, political advertising, commercial solicitation, mass mailings, or any form of spam;
(o) use the Campfly System for any commercial or other purposes which are not expressly permitted under these Terms and Conditions;
(p) infringe upon Campfly’s rights or the rights of any third parties;
(q) imply to others any endorsement by Campfly or other relationship with Campfly or which misleads others as to your affiliation with Campfly;
(r) disparage, damage or otherwise cause harm to the Campfly brand in any way, including but not limited to using or registering any similar or derivative names, trade marks, domains, business names or other similar identifiers that are misleading or confusing similar to any of the foregoing owned, licensed or otherwise used by Campfly;
(s) post or otherwise make available any person’s personal information without their express permission;
(t) harass or solicit (including but not limited to a request to join third party services) any other user of the Campfly System;
(u) act in a manner which is abusive, threatening or harassing;
(v) create a Property Listing as a Host for property that you do not own or otherwise have sufficient legal right to rent or otherwise create a Property Listing for. By creating a Property Listing, you warrant to Campfly that you own or otherwise have sufficient legal right to rent or otherwise create a Property Listing;
(w) create a Property Listing as a Host where you are acting in the capacity as a rental or listing agent for a third party;
(x) make a booking request for a Property Listing for or on behalf of any third party;
(y) contact another User for a purpose other than asking a bona fide question in relation to a Property Listing;
(z) use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to your origin or affiliations (except to the extent that Campfly permits the use of a pseudonym, moniker or username);
(aa) use the Campfly System to find a Guest or a Host but then act in any way which circumvents the Campfly system (for example, making a booking outside the operation of the Campfly System) and the obligation to pay either the Guest Fees or the Host Fees or for any other reason;
(bb) make or accept any payment for a Property Listing outside of the Campfly System. If you do you, then you acknowledge that it is in breach of these Terms and Conditions and that you accept all risk and responsibilities for any such payment. You indemnify and hold harmless Campfly from any liability for payment made or received outside of the Campfly System;
(cc) create a Property Listing which contains any information that is false or misleading or which you do not intend to honour;
(dd) post, upload, publish, submit or transmit any content that is illegal (or promotes illegal activity), fraudulent, obscene, pornographic, offensive, threatening, defamatory, invasive of privacy, infringes intellectual property rights (including but not limited to third party copyright) or is otherwise injurious to third parties;
(ee) breach any other policies of Campfly; or
(ff) breach any law or court order.
5.2 You acknowledge and agree that it is your sole responsibility to ensure that you comply with any laws that may be applicable to your use of the Campfly System.
5.3 Campfly has no obligation to review or monitor the Campfly System, any content on the Campfly System or your use of it. Notwithstanding that fact, Campfly may from time to time do so at its sole discretion, including but not limited to for monitoring compliance with these Terms and Conditions or to comply with law. Campfly may also, at its sole discretion, remove or disable access to any content on the Campfly System that it believes is in breach of these Terms and Conditions or which is otherwise objectionable or harmful.
5.4 If you are a Guest or Host and you believe that someone has acted inappropriately (for example, offensive, violent or other inappropriate behaviour or theft), or in respect of a Property Listing, the actions should be immediately reported to the police and / or other relevant authorities and then to Campfly. Campfly shall not liable to you in respect of any such inappropriate actions and Campfly shall not be liable to take any action except as may be required by law.
5.5 Campfly reserves its rights in relation to any breach of these Terms and Conditions and without limiting any action which Campfly may take, Campfly may suspend, cancel, deactivate or terminate your Account or Property Listing, or pending or accepted bookings or limit your access to the Campfly System if:
(a) you have breached these Terms and Conditions (whether the breach is material or not);
(b) you receive poor ratings from Guests or Hosts;
(c) you provide inaccurate, misleading, fraudulent or incomplete details during the registration of your Account;
(d) as a Host, you provide inaccurate, misleading, fraudulent or incomplete details in any Property Listing;
(e) you breach any law or rights of third parties; or
(f) Campfly believes that it is reasonably necessary:
(i) to ensure the safety of any person or property,
(ii) to prevent a breach of law; or
(iii) for security or investigation purposes.
6. PROPERTY LISTINGS
6.1 You may use your Account to create Property Listings on the Campfly System. In order to complete the listing of your Property, you will be required to provide various details regarding the Property. These may include (but not be limited to) location, permissible uses, size, capacity, features, availability, price and any other details Campfly may request. You must provide all details which Campfly advises are mandatory to complete the Property Listing. When you add a Payment Method during the Property Listing process, Campfly will automatically save that Payment Method to your Campfly account so it can be used for pay-outs.
6.2 Subject to these Terms and Conditions, your Property Listing shall be displayed on the Campfly System. You acknowledge and agree that the display of the Property Listing is publicly available and may be viewed by any user of the Campfly System. You further acknowledge and agree that the manner in which the Property Listing is displayed and its ranking or appearance in any search results of Property Listings is at the discretion of Campfly and without limitation to that, may vary depending on user ratings, preferences or searching criteria.
6.3 Account Holders may book your Property Listing using the Campfly System, on the basis of the details contained in your Property Listing and any requirements or restrictions which you have applied to your Property Listing. You acknowledge and agree that once a Guest requests to book your Property Listing via the Campfly System, you must not require the Guest to pay a higher amount than the booking request they have made.
6.4 You are solely responsible for all content which you post on the Campfly System, including any contained in a Property Listing. You warrant to Campfly that any such content that you post:
(a) shall not breach any agreements that you have entered into with any third parties;
(b) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties;
(c) not conflict with the rights of any third parties;
and that Campfly shall have no responsibility for an Account Holder’s compliance with the warranties provided in this clause.
6.5 A Property Listing may contain requirements to be met by any prospective Guests to apply for a booking. Any prospective Guest of a Property Listing must meet any such requirements.
6.6 As a Host, you are responsible for your own actions and omissions and the content of any Property Listing you make, including how you use or do not use any tools made available to you as part of the Campfly System. You are also responsible for the acts and omissions of any people who you allow reside or who you allow to be present on or near the Property location.
6.7 As a Host, you acknowledge that regulations and approvals across South Africa vary from province to province and council to council and is your responsibility. However, our brokers advise that the Campfly Insurance Scheme (Mandatory Insurance) has been built to provide coverage irrespective of where you are in South Africa and what approval process is required. The Campfly insurance policy applies to all eligible hosts, independent of local planning laws or exemptions.
7.1 Other Insurances
As a Host, Campfly recommend that you obtain appropriate insurance (which may be in addition to the Mandatory Insurance) and that you are fully aware and understand your insurance policies, their coverage and any restrictions or limitations which may apply. You may wish to seek independent professional advice in relation to insurance.
8. OTHER ACCOUNT HOLDERS AND THIRD PARTIES
8.1 Campfly does not approve or endorse any Property Listing, Property or any Account Holder, even where the Campfly System may suggest otherwise. Without limitation to the foregoing, you agree that Campfly may require forms of identification from you, evidence of your date of birth and any other information which Campfly may request. Campfly may undertake identity checks, background checks and other similar checks on Account Holders.
8.2 You agree that if you experience any loss or damage arising from any acts or omissions of other Users or any third parties, that your liability or remedy will be limited to a claim against the relevant User or third parties and not against Campfly. You agree not to bring a claim or seek to place liability on Campfly for any acts or omissions of any Account Holders or third parties. For the avoidance of doubt, this clause shall not apply to a claim by a Host in relation to payments received by Campfly from a Guest on behalf of the Host (in which case, clause 9.2 shall apply).
9. FEES AND BOOKINGS
All amounts payable (including but not limited to Host Fees, Guest Fees and Property Licence Fees) by any party under these Terms and Conditions shall be in South African rand.
9.2 Host Terms
(a) If a booking request is made for your Property Listing on the Campfly System, as a Host must either:
(i) accept the booking; or
(ii) decline the booking;
within the Confirmation Period.
(b) When a booking request is made for your Property Listing on the Campfly System, Campfly will provide you with the following details of the Guest:
(i) the name of the Guest;
(ii) details of the Account profile of the of the Guest and a link to that profile; and
(iii) any other details which Campfly decide to provide you and which the Guest has agreed may be provided.
(c) Campfly will collect the Combined Fees from the Guest at the time the Host accepts the booking request. Campfly shall remit the Property Licence Fees (less the Host Fees, the Mandatory Insurance Fee, Taxes and other applicable fees) to the Host promptly after the Guest’s scheduled check-in time. Provided however that the Host acknowledges that any such remittance is subject to any refund (in full or in part) that may be due to a Guest either pursuant to a cancellation policy applying to a Property Listing allowing a Guest to cancel a booking or as a result of any other refund right of a Guest under these Terms and Conditions.
(d) Hosts, not Campfly, are solely responsible for honouring any accepted bookings and making available any Properties booked through the Campfly System.
9.3 Guest Terms
(a) The Campfly System will advise the Guest of the Combined Fees payable before the Guest completes a booking request. Once your booking is received, Campfly may undertake a pre-authorisation of your selected payment method. In the event that a Host does not accept the Guest’s booking request, Campfly will not charge any monies. When you add a Payment Method during the booking process, Campfly will automatically save that Payment Method to your Campfly account so it can be used for booking alterations, refunds and future transactions.
(b) A Guest agrees to pay the Combined Fees for any booking request made in connection with the Guest’s Account. Campfly will collect the Combined Fees pursuant to these Terms and Conditions.
(c) Campfly will contact the Guest and provide a summary of the booking after the booking transaction is complete.
(d) You acknowledge and agree that:
the Host is solely responsible for meeting any accepted bookings and providing the booked Property to the Guest. Campfly is not in any way responsible for this;
(ii) the booking of a Property and provision of a booked Property to the Guest by the Host as contemplated in these Terms and Conditions is a transaction between the Guest and the Host only. The Guest and the Host enter into an agreement for the provision of the Property and the Guest must agree to accept the term and conditions and restrictions applicable to the Property which may be determined by the Host; and
(iii) Campfly is not a party to the agreement between the Guest and Host and is not in any way responsible for performing the obligations of either party under any such agreement and Campfly is not responsible for any liability which may arise or is otherwise related to such agreements except to the extent that Campfly collects and remits payment of the Property Licence Fees (pursuant to clause 9.2).
9.4 Host Fees and Guest Fees
(a) In consideration of the use of the Campfly System by Guests and Hosts, Campfly charges the Guest Fees and the Host Fees. The Guest Fees and the Host Fees are collected by Campfly in accordance with these Terms and Conditions and Campfly may also collect VAT and other Taxes in accordance with these Terms and Conditions.
(b) Host Fees and Guest Fees are only refundable to the extent expressly stated in these Terms and Conditions or to the extent required by law.
9.5 Cancellations and Refunds
(a) Cancellation by Guest
If a Guest wishes to cancel an accepted booking, the cancellation is governed by the cancellation policy of the Host contained in the relevant Property Listing. The ability of Campfly to refund part or all of the Fees or any other amounts charged to the Guest shall be determined by the Host’s cancellation policy. The details of cancellation policies and refunds are provided on the Campfly System. Regardless of the cancellation policy of the Host, any Guest Fee is not refundable due to a cancellation of an accepted booking by a Guest.
(b) Cancellation by Host
If a Host cancels an accepted booking, Campfly:
(i) will notify the Guest of the cancellation;
(ii) will refund the Combined Fees for that cancelled booking to the Guest within a reasonable time;
(iii) may post a notice or review on the Host’s Property Listing to indicate that a booking was cancelled by the Host; and
(iv) may charge the Host a cancellation fee, Campfly will notify the Host of the cancellation fee before the Host cancels the accepted booking.
(c) Cancellation by Campfly
Campfly may, in its sole discretion, cancel an accepted booking for any reason. Without limitation to the foregoing, Campfly may cancel an accepted booking for extenuating circumstances upon request by either the Guest or the Host and:
(i) in the case of the Guest, the Host’s cancellation policy shall not apply and Campfly may provide a refund of the Combined Fees either in whole or in part; and
(ii) in the case of the Host, the cancellation fee otherwise payable by the Host may be reduced or waived.
For the purposes of this clause 9.5(c), Campfly shall determine (at its sole discretion) what constitutes extenuating circumstances. Without limitation to Campfly’s discretion, the following may constitute extenuating circumstances:
(i) Pandemic related;
(ii) death of a family member;
(iii) illness (including illness of a family member);
(iv) natural disaster; and
(vi) damage to a Property.
9.6 Changing a Booking
You are responsible for any changes to a booking that you request, as a Guest or a Host, Campfly to make. You must pay any additional fees which result from a change to a booking.
9.7 Extended Stay
(a) The Guest and the Host acknowledge and agree that the accepted booking represents a licence granted by the Host to the Guest for the Guest to access and use the Property Listing for the agreed duration of the accepted booking only and in accordance with the terms and conditions agreed between the Guest and the Host. The Guest must leave the Property by the checkout time specified in the Property Listing, or such other time which may be mutually agreed.
(b) The Guest is not entitled to remain on the Property past the checkout time without the consent of the Host and the Host shall be entitled to require the Guest to leave the Property at the checkout time.
10. RECIPIENT CREATED TAX INVOICES
Unless otherwise stated, words in this clause 10 have the same meaning as in the VAT Act.
10.2 Recipient Created Tax Invoicing
(a) This clause 10 shall apply where both Campfly and the Host are registered for VAT. The Host must advise Campfly whether or not it is registered for VAT before creating any Property Listing. If this clause 10 does not apply, the imposition of VAT (if any is required) on any supply between the Host and a Guest shall be the sole responsibility of the Host. Campfly disclaims all liability in relation to such liability and the Host shall indemnify and hold Campfly harmless in respect of any such liability.
(b) As a Host you agree that Campfly will issue a RCTI for the deemed supply of accommodation, activities and services (“the supply” for the purposes of this clause 10) by the Host to Campfly under the operation of subdivision 153-B of the VAT Act.
(c) The Host will not issue an invoice in respect of the supply.
(d) Both parties agree that they are parties to an RCTI Agreement as outlined in Goods and Services Tax Ruling VATR 2000/10.
10.3 VAT and Agency
(a) Campfly will, on the Host’s behalf, do the following:
(i) make supplies to third parties;
(ii) facilitate supplies to third parties (including by issuing invoices relating to, or receiving consideration for, such supplies);
(iii) make acquisitions from third parties; and
(iv) facilitate acquisitions from third parties (including by providing consideration for such acquisitions).
(b) this clause 10 applies to all supplies and acquisitions associated with the provision of camping and accommodation services at the Property.
(c) For the purposes of this clause 10:
(i) Campfly will be treated as making the supplies to the third parties;
(ii) Campfly will be treated as making the acquisitions from the third parties;
(iii) a Host will be treated as making corresponding supplies to Campfly; and
(iv) a Host will be treated as making corresponding acquisitions from Campfly.
(d) In the case of supplies to third parties:
(i) Campfly will issue to the third parties, tax invoices and adjustment notes relating those supplies; and
(ii) a Host will not issue to the third parties any tax invoices and adjustment notes relating to those supplies.
10.4 VAT Registration
(a) As a Host you warrant that you are registered for VAT and that you will notify Campfly if you cease to be registered.
(b) Campfly warrants that it is registered for VAT and that it will notify Hosts if it ceases to be registered.
(c) If either Campfly or the Host ceases to be registered for VAT then this clause 10 shall not apply and the imposition of VAT on any supply between the Host and a Guest shall be the sole responsibility of the Host. Campfly disclaims all liability in relation to such liability and the Host shall indemnify and hold Campfly harmless in respect of any such liability.
10.5 Other Taxes
(a) You as a Host understand and agree that (except to the extent that clauses 10.1 to 10.4 apply) you are solely responsible for determining:
(i) any tax reporting requirements that may be applicable to you; and
(ii) any Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Property Listings;
(b) You as a Host are also solely responsible (except to the extent that clauses 10.1 to 10.4 apply) for remitting to the relevant authority any Taxes included or received by you. You as a Host acknowledge and agree that Campfly does not offer and will not offer any Tax advice to you.
10.6 Release and Indemnity
You as a Host hereby release, defend, indemnify, and hold Campfly and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, collection or remittance of VAT in any amount or at all as to your transactions or Property Listings.
11.1 If VAT is imposed or levied in respect of any supply by Campfly to a User under or in accordance with this Agreement (including the supply of the Services) to the extent the Consideration otherwise provided for that supply under this Agreement is not stated to already include an amount in respect of VAT on the supply then Campfly may recover the VAT Amount from the User in addition to the Consideration.
11.2 Any VAT Amount payable pursuant to this clause shall be payable at the same time and in the same manner as the Consideration in respect of which the VAT Amount is calculated. Campfly must issue to the User a tax invoice which complies with the VAT Act in respect of the supply.
11.3 If an Adjustment Event has taken place in relation to a supply by Campfly to the User under or in accordance with this Agreement then the VAT Amount payable by the User under this clause shall be adjusted accordingly and an Adjustment Note issued in accordance with the VAT Act.
11.4 This Agreement requires the User to pay, reimburse or contribute to an amount paid or payable by Campfly, in respect of an acquisition from a third party for which Campfly is entitled to a full or partial input tax credit, the amount for payment, reimbursement or contribution will be:
(a) The value of the acquisition by Campfly less any input tax credit to which Campfly is entitled; plus
(b) If Campfly’s recovery from the User of the amount identified in Clause 11.4 (a) above will be a Taxable Supply, the VAT payable in respect of that Taxable Supply.
12. PROPERTY DAMAGE
12.1 A Guest must leave the Property in the same condition as when they arrived at the Property and they are responsible for any damage caused to the Property, including any damage done by any persons who Guests invite or allow on the Property. A Guest shall be liable to the Host for any such damage and must pay to the Host the cost of remedying (including costs of repair or replacement) such damage upon request by the Host.
12.2 A Host may make a claim for damage in relation to a Property and a Guest will be given notice of the claimed damage and a reasonable period to respond to the claim. Campfly may claim the cost of claimed damage from the Guest, provided however that this shall not limit Campfly or the Host’s ability to claim any sum from the Guest where the Guest has, as determined by Campfly (in its sole discretion), damaged the Property.
12.3 Hosts and Guests agree that in relation to any claim for damage or any other complaint or investigation undertaken by Campfly, that they must both cooperate with and assist Campfly and to provide Campfly with any information requested and to take any reasonable actions that Campfly requests. Hosts and Guest must act in good faith to Campfly in any attempts to resolve a claim or damage or other complaint.
12.4 Campfly may attempt to settle claims or complaints brought by a Host for damage or other complaint against a Guest by mediation or other dispute resolution processes and Hosts and Guests agree that they will participate in such, provided that they are reasonable. The processes shall be conducted by Campfly or another third party at the election of Campfly.
12.5 Guests acknowledge and agree that Campfly may make a claim under any applicable insurance policy of a Guest in respect of any damage or loss which is caused by the Guest or for which they are otherwise responsible in respect of a Property. A Guest will provide all assistance and cooperation requested by Campfly (acting reasonably) to make or to progress or finalize any such claim. Such assistance and cooperation shall extend to the signing of any documents and taking any actions Campfly reasonably requests.
13. PRIVACY AND SPAM OBLIGATIONS
13.2 You agree that your use of the Campfly System is subject to the South Africa Privacy Law POPIA and Spam laws and you agree not to breach any requirement of these Acts or any other legislation or laws applicable to your collection, use and disclosure of personal information. In particular, you acknowledge that you are responsible for ensuring that you do not use the Campfly System to collect, use or disclose any personal information, sensitive information or health information regarding any patient other than in accordance with the Privacy Act and any other legislation or laws applicable to your collection, use and disclosure of personal information.
(a) respond to any claim made against Campfly;
(b) enforce or administer any agreement which Campfly may have with you;
(c) to prevent fraud, assess risks, conduct investigations or to improve the Campfly system;
(d) to protect the rights, property and safety of you, Campfly and the public;
provided that any such dealing does not breach of any law applicable to Campfly.
14. INTELLECTUAL PROPERTY
14.1 All software used in conjunction with the Campfly System is the exclusive property of Campfly or its software providers and is protected by copyright laws. You agree that you will not copy, use or alter any of this copyrighted material and will not do anything which may breach copyright in this material.
14.2 All trademarks, logos, business or trade names and any other proprietary designations of Campfly used on or in connection with the Campfly System are the exclusive property of Campfly and may be registered trade marks of Campfly. Any third party trade marks, logos, business or trade names or other proprietary designations are used for reference purposes only and remain the property of their respective owners.
14.3 You must not copy, use, modify, prepare works based on, distribute, transfer, sell, licence, display, or otherwise exploit the Campfly System, except as expressly permitted under these Terms and Conditions. Campfly grants you no licence or right in respect of any intellectual property rights owned or licensed by Campfly except to the extent expressly contained in these Terms and Conditions.
15. CONTENT AND FEEDBACK
15.1 There may be instances in which Campfly (in its sole discretion) permits you to post or upload content to the Campfly System. If you do post or upload any such content, then you grant an irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free, perpetual licence to Campfly to use, modify, prepare works based on, distribute, transfer, sell, licence, display, or otherwise exploit such content for any reason. However and notwithstanding the foregoing, Campfly does not own such content that you post or upload and does not restrict your right to use and exploit such content that you post or upload.
15.2 You acknowledge and agree that if you provide Campfly with any suggestions, feedback, comments or ideas for the Campfly System, that you irrevocably assign to Campfly all right, title and interest in the foregoing including all intellectual property rights which you might otherwise have in same and you agree to waive any moral rights you may have. If Campfly requests, you agree to sign such documents or do such acts as required in order to carry out and give effect to this clause.
15.3 You are solely responsible for any content that you post or upload to the Campfly System or suggestions, feedback, comments or ideas you provide to Campfly and you warrant and covenant to Campfly that:
(a) You are the sole and exclusive owner of any content that you post or upload to the Campfly System or you otherwise have all necessary rights, licences, consents, releases or otherwise to grant to Campfly those rights pursuant to clause 15.1 and clause 15.2; and
(b) The content you post or upload shall or Campfly’s use of it as contemplated by this clause 15.1 and clause 15.2, shall not breach any applicable law or infringe on the intellectual property rights or privacy of any third party.
15.4 If this Agreement is terminated, Campfly is not required to delete, return or restore to you any content that you post or upload to the Campfly System.
16.1 The Campfly System may contain or provide information posted on, contributed to or advertised on the Campfly System by third parties. Campfly does not warrant the accuracy of any third party information and does not endorse or recommend any particular products or services which may be posted, advertised or referred to on the Campfly System. The inclusion of such material is not an endorsement or recommendation by Campfly. The Campfly System may also contain links to other websites. In providing these links, Campfly does not endorse any third party websites or products and accepts no liability for any content on those websites or any loss or damage you may suffer by acquiring any goods or services from the suppliers of those websites.
16.2 You agree that you will use your own expertise and judgment when considering any such material and deciding to obtain third party goods or services and you acknowledge that Campfly is not providing any advice or recommendation in respect of any products, services or other information.
16.3 The Campfly System may utilise third party software or systems in its operation (for example, embedded Google Maps). Your use of any such third party software or systems is subject to any terms and conditions of use specified by the relevant third party provider.
17.1 If you wish to terminate this Agreement, you may do so at any time by notifying us in writing. In the event that you terminate pursuant to this clause, the following shall apply:
(a) if you are a Host, then any accepted bookings will be cancelled and any applicable Guests shall receive a full refund of any Property Licence Fees paid; and
(b) if you are a Guest, then any accepted bookings that you have made will be cancelled. Your entitlement to a refund for those bookings will be determined by the applicable cancellation policy on the Host’s Property Listing.
17.2 Without limitation to clause 17.3, Campfly may terminate this Agreement at any time for convenience by giving you at least thirty (30) days’ notice to you by email to the email address which you have nominated.
17.3 Campfly may, without notice to you, terminate this Agreement with immediate effect if:
(a) there is a non-material breach of these Terms and Conditions by you and you fail to remedy that breach to the reasonable satisfaction of Campfly within a reasonable time after being notified to do so by Campfly;
(b) there is a material breach of these Terms and Conditions by you;
(c) you have breached any warranty given to Campfly in these Terms and Conditions;
(d) you provide inaccurate, misleading, fraudulent or incomplete details during the registration of your Account;
(e) as a Host, you provide inaccurate, misleading, fraudulent or incomplete details in any Property Listing;
(f) you breach any law or rights of third parties; or
(g) Campfly believes that termination of this Agreement is reasonably necessary:
(i) to ensure the safety of any person or property,
(ii) to prevent a breach of law; or
(iii) for security or investigation purposes.
17.4 If Campfly suspends, cancels, deactivates or terminates your Account or Property Listing, or pending or accepted bookings or limits your access to the Campfly System in accordance with these Terms and Conditions, Campfly may:
(a) notify your Guests or Hosts of cancellation of a pending or accepted booking has been cancelled;
(b) refund Guests (in full or in part) for any accepted booking that is cancelled, regardless of any refund policy of the Host; and
(c) assist Guests to find alternative Properties; and no Guest or Host shall be entitled to compensation for the cancellation of any accepted bookings.
17.5 If this Agreement is terminated, then any provisions of these Terms and Conditions which should reasonably survive termination shall remain in effect.
18. LIMITATION OF LIABILITY
18.1 Subject to clause 18.2, all statutory and implied warranties on the part of Campfly are excluded. The Campfly System and all information, content, materials, products and services included on or otherwise made available to you through the Campfly System are provided on as “as is” basis. Campfly makes no representations or warranties of any kind, express or implied, as to any Property or the operation of the Campfly System or such information, content, materials, representations, claims, products or services nor does it warrant the suitability of the Campfly System or any product or service for any particular purpose. You expressly agree that your use of Campfly System and any contract or agreement you have with other Users, is at your sole risk. Campfly is not responsible for and disclaims all liability for any acts or omissions of Users or third parties.
18.2 Notwithstanding clause 18.1, Campfly accepts liability for all legal guarantees and warranties expressed or implied to these Terms and Conditions under the Competition Act 1995 or any other applicable legislation the effect of which cannot be excluded by law. However, to extent permitted by law:
(a) Campfly will only, in the case of services, resupply the services or pay you the cost of resupply; and
(b) Campfly will only, in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired;
(c) Campfly’s maximum aggregate liability to you (in contract, tort, statute or otherwise, including negligence) arising out of or in connection with:
(i) this Agreement;
(ii) your use of or inability to use the Campfly System;
(iii) any Property Listing;
(iv) your interactions with any other users; shall not exceed:
(v) the amount you (as a Guest) have paid or owe for bookings via the Campfly System as a Guest in the one (1) year period immediately prior to the matter giving rise to the liability;
(vi) the amount that Campfly has paid to you (as a Host) via the Campfly System in the one (1) year period immediately prior to the matter giving rise to the liability; or
(vii) if no such payments have been made in that one (1) year period referred to above, than the amount shall be R1,000.00.
18.3 To the extent permitted by law, Campfly will not be liable to you for special, punitive, incidental, indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this Agreement or the use or inability to use, the Campfly System however caused, and regardless of the theory of liability (contract, tort or otherwise) even if Campfly or its suppliers have been advised of the possibility of such damages.
18.4 Campfly’s liability to you for loss or damage of any kind arising out of this Agreement or in connection the Campfly System, is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether Campfly’s liability is in contract, tort (including negligence), under any statute or otherwise.
You agree to release, indemnify and hold Campfly and its affiliates, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, (including, without limitation, legal fees) arising out of or in connection with:
(a) your access to or your use (or inability to use) the Campfly System (including but not limited to making a booking as a Guest or creating a Property Listing as a Host);
(b) any material or content on the Campfly System;
(c) your interactions with any other Users;
(d) the use, condition or rental of a Property by you;
(e) your acts or omissions; and
(f) any breach by you of these Terms and Conditions.