Between:

Cape Town Luxury Escapes (Pty) Ltd (Hereinafter referred to as “CTLE” or “Local Agent”)

And

The Travel Agency / Booking Agent (Identified in the Portal Registration and Booking Confirmation) (Hereinafter referred to as “The Trade Partner”)

1. Background and Appointment

  1. Nature of Relationship. CTLE carries on business as a Destination Management Company and Local Booking Agent. The Trade Partner carries on business as a Travel Agency or Booking Intermediary for end-user travelers (“Guests”). 
  2. Appointment. The Trade Partner hereby appoints CTLE as its local sub-agent to source, negotiate, and secure accommodation and concierge services in South Africa on behalf of the Trade Partner’s Guests. 
  3. Non-Exclusivity. This appointment is Non-Exclusive.

2. Status of the Parties (The “Chain of Agency”)

  1. Trade Partner Warranties. The Trade Partner warrants that: a) It has a valid mandate from the Guest to act as the Guest’s agent for the purpose of booking travel; b) It has the authority to bind the Guest to the Property Supplier’s house rules and terms of occupation; and c) It is not a resident of the Republic of South Africa for tax purposes. 
  2. CTLE Role. CTLE acts solely as an intermediary agent. CTLE is not the Owner, Operator, or Principal Supplier of the accommodation (the “Property”). The Property is supplied by the third-party Owner or Manager (“The Supplier”). 
  3. The Supplier. The legal contract for the provision of accommodation is between The Supplier and the Guest. CTLE facilitates this contract but is not a party to it.

3. Booking Process Via Portal

  1. Availability. Availability on the CTLE Partner Portal is subject to real-time confirmation. A booking is only confirmed once CTLE issues a formal Booking Confirmation/Invoice. 
  2. Instant Book. Where “Instant Book” is enabled, the Trade Partner acknowledges that this constitutes an immediate binding agreement with The Supplier subject to the cancellation terms displayed. 
  3. Guest Details. The Trade Partner is responsible for providing accurate Guest details (names, ages, special requirements). CTLE accepts no liability for errors resulting from incorrect information provided by the Trade Partner.

4. Rates, Fees, and Payments

  1. Portal Rates. The rates displayed to the Trade Partner on the Portal are “Net Payable Rates.” These rates are inclusive of: a) The Supplier’s Net Rate; and b) CTLE’s Facilitation/Service Fee.
  2. Agent Markup. The Trade Partner is free to add their own professional service fee or markup to the Net Payable Rate when quoting the Guest. CTLE is not responsible for collecting the Trade Partner’s markup unless expressly agreed in writing.
  3. Payment Liability. The Trade Partner is liable to CTLE for the full settlement of the Net Payable Rate. This obligation exists regardless of whether the Trade Partner has successfully collected funds from the Guest. 
  4. Currency. All payments must be settled in South African Rand (ZAR) free of bank charges and exchange rate deductions.
  5. VAT (Value Added Tax). a) Where The Supplier is a VAT vendor, VAT on the accommodation portion is included in the rate. b) CTLE’s Service Fee is zero-rated for VAT purposes (0%) on the basis that the Trade Partner is a non-resident entity and the facilitation service is exported. The Trade Partner indemnifies CTLE against any VAT liability arising should this warranty of non-residency be incorrect.

5. Cancellations and Refunds

  1. Supplier Policy. Every Property has a specific cancellation policy displayed on the Portal. The Trade Partner agrees to be bound by these terms.
  2. Refunds. If a cancellation occurs and a refund is due under The Supplier’s policy, CTLE will refund the Trade Partner within 7 business days of receiving the funds back from The Supplier. CTLE is not required to advance refunds before recovering them from The Supplier. 
  3. CTLE Fee. In the event of a cancellation where funds are forfeited, CTLE’s Service Fee portion is non-refundable.

6. Liability and Indemnity

  1. Property Condition. The Trade Partner acknowledges that CTLE does not own or manage the Properties. CTLE makes no warranty regarding the safety, habitability, or condition of the Property.
  2. Liability Bridge. CTLE warrants that it holds a valid agreement with The Supplier wherein The Supplier has accepted responsibility for the safety and compliance of the Property.
  3. Limitation. CTLE’s total liability to the Trade Partner or the Guest for any claim arising out of a booking shall be limited to the value of the CTLE Service Fee earned on that specific booking. 
  4. Indemnity. The Trade Partner indemnifies CTLE against any claims made by the Guest against CTLE that exceed the scope of CTLE’s liability as an intermediary agent.

7. Security Deposits

  1. Requirement. The Trade Partner must ensure the Guest is aware of the Security/Breakage Deposit requirement.
  2. Collection. CTLE will collect the Security Deposit directly from the Guest via credit card hold prior to arrival. The Trade Partner agrees to provide the Guest’s direct contact details for this specific purpose. 
  3. Deductions. The Trade Partner acknowledges that The Supplier may claim against this deposit for damages, and the Guest is liable for amounts exceeding the deposit.

8. General

  1. Non-Circumvention. The Trade Partner agrees not to bypass CTLE to book directly with a Supplier introduced via the CTLE Portal for a period of 24 months following the introduction. 
  2. Governing Law. This Agreement is governed by the laws of South Africa. 
  3. Electronic Acceptance. Clicking “I Accept” or proceeding with a booking via the Portal constitutes a binding electronic signature and acceptance of these terms.
  4. Relationship of Parties (No Legal Partnership). The term “Partner” is used in this Agreement and on the Portal solely for commercial convenience. Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency (other than the specific sub-agency disclosed herein), or employment relationship between the Parties. The Parties are independent contractors, and neither Party has the authority to bind the other to any third-party obligation outside the scope of this Agreement.