TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND/OR THE SERVICES OFFERED VIA THIS WEBSITE BY YOLO SPACES (PROPRIETARY) LIMITED.

Website Terms And Conditions

YOLO Spaces provides the information and services offered to you via this website (“services”) subject to the terms and conditions set out herein. By accessing the YOLO Spaces website (“website”) and using any of the services and information offered via the website from time to time you shall be deemed to have agreed to all the terms and conditions set out herein. YOLO Spaces may at any time modify these terms and conditions and your continued use of the website will be subject to the terms and conditions in force at the time of your use. Accordingly you agree to review these terms and conditions periodically, and your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions of the website. Terms and conditions relating to special offers, which are, from time to time, contained elsewhere on the website, shall, to the extent that those terms and conditions conflict with the terms and conditions contained in this Agreement, take precedence over the conflicting provisions of this Agreement.

Terms & Conditions

  1. Use of the Website

The YOLO Spaces reservations feature of this website is provided solely to assist you in determining the availability of accommodation and to make legitimate reservations. You agree to be financially responsible for any financial transactions made by you on this website (as well as for use of your account by others, including without limitation any person under the age of eighteen years of age). You agree that the reservations facilities of this website shall be used only to make legitimate reservations. You understand that overuse or abuse of the reservation facilities of this website may result in you being denied access to such facilities, at the sole discretion of YOLO Spaces.

For any reservations for which fees may be charged, you agree to abide by these terms and conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

  1. Content of the Website

Whilst every effort is made to update the information provided on this website on a regular basis, YOLO Spaces makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on any of the pages comprising the website and shall not be bound in any manner by any information contained on the website or any of the pages comprising the website. YOLO Spaces reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of this website. No opinions, information, data or content contained on the website shall be construed as advice and same are offered for information purposes only. YOLO Spaces gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.

  1. Copyright and Intellectual Property Rights

This website is solely for your personal and non-commercial use. Copyright and all intellectual property rights in all materials made available through this website are owned by YOLO Spaces alternatively, YOLO Spaces is the lawful user thereof and is protected by both South African and international intellectual property right laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of YOLO Spaces alternatively YOLO Spaces are the lawful users of the trademarks. Nothing contained on this website should be construed as granting any licence or right to use any trademarks without the prior written permission of YOLO Spaces.

  1. External Links

External links may be provided for your convenience, but they are beyond the control of YOLO Spaces and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website whether controlled by you or otherwise to this website without the express prior written permission of YOLO Spaces.

  1. Children

If you are under 18 years of age, you may use this website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of this website and the services. You agree to supervise all usage by minors of this Website under your name or account.

  1. Verification

You acknowledge and agree that YOLO Spaces shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet which purports to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which purport to emanate from you and which are sent to YOLO Spaces by way of the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by YOLO Spaces and you will be bound by such details with no liability of whatever nature attaching to YOLO Spaces in regard thereto.

You waive any rights you may have or obtain against YOLO Spaces arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that YOLO Spaces acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify YOLO Spaces against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that YOLO Spaces has acted on your instructions or instructions which purport to emanate from you.

  1. System Availability

YOLO Spaces will use reasonable endeavours to maintain full system availability, except during scheduled maintenance periods.

  1. Warranties 

You warrant that every instruction and all information given by you to YOLO Spaces shall be accurate, true and correct.

YOLO Spaces makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, any services provided via this website or the suitability of any of the services for a particular purpose. As YOLO Spaces provides certain services to you via the Internet, YOLO Spaces makes no representations, nor gives any warranties or guarantees of any nature as to the availability of any communications network or systems of any third party on whom you or YOLO Spaces rely to provide any of the services.

  1. YOLO Spaces Statement of Privacy

Your privacy is very important to YOLO Spaces. To help protect your privacy, we adhere to the following guidelines.

YOLO Spaces will explicitly ask when they need information that personally identifies you or allows them to contact you (“Personal Information”). Generally this Personal Information is requested when making reservations, registering to use this website or when sending feedback.

YOLO Spaces will use your Personal Information to operate the sites, provide services, and to inform you of new features, services, and products, to enable us to process, validate and verify reservation and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website; to improve and develop new features and services; to alert you to new services and for other purposes.

Should you not wish us to use the Personal Information, please send an e-mail providing so to [email protected].

YOLO Spaces shall be entitled to disclose Personal Information if required to do so to (a) comply with applicable law or with legal process served on YOLO Spaces; (b) to protect and defend the rights or property of YOLO Spaces, and (c) for the purposes of distributing same to various third parties who are involved in the provision of the services provided in accordance with these terms and conditions.

You should also be aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a web site can use to recognize repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on the Websites.

  1. Security

The website is viewed over a secured connection. Any information provided by you on this website cannot be viewed by anyone else over the Internet.

  1. General

Any claim, dispute or impasse relating to these terms and conditions shall by governed by the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or these terms and conditions or any matter related to or in connection therewith.

These terms and conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of YOLO Spaces in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. Headings are for convenience only and not for use in interpretation of these terms and conditions.

All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.

Delay or failure to comply with or breach of any of these terms and conditions if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so failing force majeure, will not be deemed to be a breach of these terms and conditions nor will it subject either party to any liability to the other.

Should either party be prevented from carrying out its obligations by force majeure lasting continuously for a period of 30 (thirty) days, the parties will consult with each other regarding the future implementation of these terms and conditions. If no mutually acceptable arrangement is arrived at within a period of 30 (thirty) days thereafter, YOLO Spaces shall be entitled to terminate all of its rights and obligations in terms of or arising from these terms and conditions and/or any service forthwith on written notice.

  1. Guest queries

All guest related queries should be directed to YOLO Spaces on Tel : +27 11 463 2210 or email : [email protected].

  1. Payment

Payment for any reservations or other services for which fees may be charged by YOLO Spaces shall be payable by you before arrival at the residence in question.

The rates payable by you in respect of the provision by YOLO Spaces of any services and/or goods, including but not limited to the provision of accommodation at the residence of your choice, shall be the current applicable rates of the particular residence specified by you. Those rates are available from the YOLO Spaces website or from the various booking sites.

13.1     Non Refundable Rates /or Refundable Rates

Payment going through our Payment Gateway will secure full payment and debit the credit card used in making the booking.

13.2      Other Rates

Credit card details on the website constitutes payment in respect of the services to be provided by YOLO Spaces.

YOLO Spaces reserves the right to debit your credit card for the full amount if you do not cancel within the time limit. If you do not show up you will be charged  the total price.

The guest hereby agrees that this transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act 2002 and that a binding agreement has been concluded between the residence and the guest authorising the residence to deduct or to debit the credit card for payments for services rendered to the guest. The hand signature of the guest shall not be required for authorisation purposes.

By clicking the “Book Now” button herein, the guest signifies and accepts all terms and conditions contained in this Website.

  1. Conditions of Residence

The guest, warrants that he is duly authorised to sign for and bind all persons represented by him or for whom he is responsible (“his party”) to these conditions of residence and, failing such authority, agrees to be personally liable for all amounts arising from the residence of himself and his party at the residence.

An email confirmation from YOLO Spaces shall constitute proof of indebtedness of the guest and his/or his party and of the particulars therein for all purposes including any action instituted by the residence against the guest and/or any of his party.

The guest agrees that after his departure, the residence may retain goods left behind by him and/or his party up to a maximum of six months and authorises the residence after giving one month’s notice to the address registered by the guest of its attention to do so, to sell same, privately or publicly, at the residence’s discretion at such price as the residence may determine.

The guest hereby agrees on behalf of himself and the members of his party that it is a condition of his/their occupation of the residence that neither the residence, its landlord, employees nor agents shall be responsible for any injury or death of any person or the loss or destruction of or damage to any property upon the premises, whether arising from fire, theft or any cause and by whomsoever caused or arising from the negligence or wrongful act of any person in the employment of the residence. The guest and his party may hand to the residence for safekeeping money and /or valuables, whereupon a special receipt will be issued accordingly.

Where appropriate the masculine gender shall include the feminine gender and vice versa and the singular shall include the plural.

Disclaimer

YOLO Spaces shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your use of or reliance on any information provided on and via the website or any pages of the website, any e-mails sent from the website, services provided via this website, any viruses that may infect your computer or other property on account of your access to and/or use of this website, use of content, data or information made available via the website, any failure, delay or unavailability of the website or any services offered via the site for any reason whatever and the supply, or failure or delay in supplying any of the services offered via the website and you indemnify and hold harmless YOLO Spaces in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.