Endless Holidays Terms and Conditions

1. GENERAL

1. These Endless Holidays Terms and Conditions (“Terms and Conditions”) set forth a legally binding agreement between VACATION RENTALS INTERNATIONAL (PTY) LTD ( “We”, and “Our”) d/b/a Endless Holidays (“Endless Holidays”) and each Endless Holiday user (“Customer”, “User”, “Subscriber”, “Traveler”, and “You”) who purchases accommodation stays through Endless Holidays.
2. From time to time, Endless Holidays products and services may be fulfilled by a third party provider, under contract with Endless Holidays or its affiliates. In that instance, the terms and conditions of such third party provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through Endless Holidays (collectively "Provider Terms").
3. By purchasing products and services through Endless Holidays, the User acknowledges and agrees to be bound by these Terms and Conditions, and User accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively “Guests”).
4. Additionally, the User agrees that it is solely the User’s responsibility to inform any travelling companion(s), Guests, or the users of any product or service purchased through Endless Holidays of the contents of these Terms and Conditions and all applicable Provider Terms.
5. You should not rely on any representation other than those expressly set out in these terms and conditions.

2. PROVISION OF INFORMATION

1. Travel, travel provider, and product and service information provided to the User may be based on information received from third party providers. While Endless Holidays makes reasonable efforts to ensure that this information is accurate and complete, Endless Holidays expressly disclaims liability for inaccurate, incomplete, or misleading information.

3. MODIFICATIONS OF THE TERMS AND CONDITIONS

1. These Terms and Conditions are subject to change at any time at the sole discretion of Endless Holidays without prior notice to Users. By purchasing products and services through Endless Holidays, the User acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.

4. ENDLESS HOLIDAYS’S ROLE

1. The User and Endless Holidays are dealing at arms’ length. Endless Holidays is not the User’s agent or fiduciary.
2. In connection with products or services not directly supplied and fulfilled by Endless Holidays, Endless Holidays is acting as an intermediary for the provider of any such product or service, and for any travel provider in selling such services, or in accepting reservations or bookings for such services.

5. AVAILABILITY

1. All products and services offered through Endless Holidays are available for purchase for Users only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier through Endless Holidays. User participation may be denied if their account with Endless Holidays is not in good standing.

6. PRICES AND RATES

1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at the time of booking. All information is subject to change without notice. In addition, all travel providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the travel provider will be passed on to the User in full, and the User agrees to pay Endless Holidays for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.

7. TRANSACTION FEES

1. Processing fees may be charged and are subject to change, from time to time, at the sole discretion of Endless Holidays without prior notice. Additional service fees may also be charged as detailed in these Terms and

8. HOTEL TAXES AND FEES

1. To facilitate your transactions with Us, We may charge your payment method for “Taxes and Fees”. Taxes and Fees includes all applicable governmental taxes.
2. Depending on the type of booking You make through Us, You may be charged additional fees by Our suppliers, including, but not limited to:
   1. Certain mandatory hotel specific service fees, including but not limited to: resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, security deposits and/or housekeeping fees; and
   2. Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals.
3. Our suppliers may require You to put a payment method on file upon check-in to pay these or other charges directly to the supplier upon check-out. Contact the supplier directly to determine what charges apply to your reservation.
4. Additionally, suppliers may charge destination marketing fees that are collected by the hotel for payment to a local tourist bureau. If you are a citizen of a country you travel to, you may owe additional taxes to the hotel at check-out.
5. Contact the supplier with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to your booking.

9. CURRENCY

1. All fees and charges are payable in South African Rands (ZAR).

10. PAYMENT

1. Endless Holidays products and services may be purchased with a valid credit card, with the exception of American Express.
2. If using a debit card, the User may purchase products or services with a debit card that displays a Visa or MasterCard logo.
3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with the User’s credit card or debit card transaction, Endless Holidays will make reasonable efforts to contact the User, but Endless Holidays reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by the Users’ financial institution. The User will be solely responsible for any travel provider penalties assessed due to a payment being rejected by the User’s financial institution. To make different final payment arrangements or if the User experiences technical difficulties with the website or if the User is not sure of the status of the User’s reservation or payment, please call Endless Holidays customer service.

11. BOOKING CANCELLATION/CHANGES

1. The fees assessed by Endless Holidays, and the travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through Endless Holidays.
2. Each travel provider has specific cancellation policies and penalties separate and apart from Endless Holidays. Travel provider policies may treat name changes and check-in date changes as cancellations.
3. In the event the User must cancel any travel booking, please request the cancellation on the Endless Holidays website. User may cancel a booking and receive a full refund of the booking fee if the booking is cancelled within five (5) working days after the date of the booking being confirmed. User will only be entitled to one cancellation and refund request within a five (5) working days period. Any booking cancellation request received by Endless Holidays after the check-in date and time of User’s holiday booking, whether received by Endless Holidays within the five (5) working days period or not, will not be accepted by Endless Holidays or qualify for any refund of the booking fee. All booking fee refund payments that may be due to User are subject to Endless Holidays having first received full payment of the booking fee into Endless Holidays’ bank account and subject to any banking confirmation and administration refund process. Endless Holidays will only make booking fee refunds to User fifteen (15) working days after the date of receipt from User of the applicable booking fee.
4. In the event that User must cancel any travel booking due to (a) lockdown mandated by a governmental authority or (b) riot, User may cancel a booking and receive a full refund of the booking fee. Provided as always that all booking fee refund payments that may be due to User are subject to Endless Holidays having first received full payment of the booking fee into Endless Holidays’ bank account and subject to any banking confirmation and administration refund process. Endless Holidays will only make booking fee refunds to User fifteen (15) working days after the date of receipt from User of the applicable booking fee.
5. Cancellations will be effective as of the date of receipt of the request by Endless Holidays (“Cancellation Date”). It is the Users’ responsibility to ensure cancellation requests are properly received by Endless Holidays. Refunds, if any, may take up to 15 working days from the Cancellation Date.

12. LIMITATION OF LIABILITY

1. Endless Holidays shall not be liable for and expressly disclaims any liability or responsibility for any loss, damage, delay, death or injury to person or property arising from or as a result of the acts or omissions or representations (whether oral, written, or by conduct) of the travel providers, regardless of the form of action, whether in contract, equity, tort including negligence, strict liability or otherwise. Endless Holidays’ liability for any claim arising from or as a result of the acts or omissions or representations (whether oral, written, or by conduct) of Endless Holidays, will be limited to the fees paid by Member to Endless Holidays, for the travel purchase. In no event will Endless Holidays be liable for special, consequential, liquidated, incidental, indirect, exemplary, moral, or punitive damages even if notified of the possibility of the same. This limitation shall also apply to Endless Holidays, its affiliated companies, and their respective successors, assigns, and agents of Endless Holidays.

13. DISCLAIMER OF WARRANTIES

1. All of Our content, products, and services provided to You are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, about the products and services We provide, the operation of Our program, our Website, or the accuracy of any of the information, content or materials We provide You. To the fullest extent permitted by law, We disclaim all representations and warranties, including but not limited to: the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. We do not warrant or make any representations that Our program or website will operate error-free or uninterrupted, that defects will be corrected, or that Our website or its servers will be free from viruses or other harmful components. In addition, We expressly reserve the right to correct any pricing errors on our Website, bookings or reservations made under an incorrect price. In such event, if available, We will offer you the opportunity to keep your reservation at the correct price or We will cancel your reservation without penalty.
2. We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material provided by Endless Holidays to You, including but not limited to information, content, products, services, text, and graphic or video content.
3. Without limiting the foregoing, no representation, warranty, or guarantee is made:
   1. Regarding the acceptance of any request;
   2. That You will receive the lowest possible price for the products, services, or goods We advertise or You purchase;
   3. Regarding the availability of products, services, and goods advertised by Endless Holidays;
   4. Regarding the results that may be obtained from using Our products or

14. CLASS ACTION WAIVER

1. The User and Endless Holidays agree that any proceeding to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither the User nor Endless Holidays will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which the User or Endless Holidays acts or proposes to act in a representative capacity. The User and Endless Holidays further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of the User, Endless Holidays, and all parties to any such arbitration or proceeding.
2. If the class action waiver (which includes a waiver of private attorney-general actions) herein is found to be illegal or unenforceable as to all or some parts of a dispute, whether by judicial, legislative, or other action, then this section will not apply to those parts. Instead, those parts of the dispute will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

15. DISPUTE RESOLUTION POLICY

1. Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any travel benefits, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by the courts of South Africa, to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the court proceeding taking place in South Africa.
2. This Dispute Resolution Policy shall be governed by the laws of South Africa without regard to its choice of law and conflict of law rules.
3. The parties agree that any court proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person.
4. The parties further expressly agree that (i) the court's decision will be final and binding; (ii) the court proceedings shall be conducted in the English language; and (iii) the party in whose favor the court judgment is rendered shall be entitled to recover its costs and expenses of the court proceedings including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the court proceedings, and any costs and attorneys' fees incurred in executing on or enforcing the court judgment.
5. Endless Holidays may as necessary apply to a court of competent jurisdiction to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to court.

16. GOVERNING LAW

1. These Terms and Conditions shall be governed, construed and enforced exclusively in accordance with the laws of South Africa. Any action at law or in equity by a User or User’s guest, whether using any product or service or traveling with the User or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against Endless Holidays, or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of South Africa, to the exclusion of all other forums. In the event a User or User’s guest initiates an action at law or in equity and Endless Holidays prevails, that User or User’s guest shall pay all costs incurred by Endless Holidays defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court

17. AGE RESTRICTIONS

1. Users are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 21 years or older as part of the travel transaction. Some travel providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.

18. PRIVACY POLICY, TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED

1. You acknowledge that you have read and understood Endless Holidays’ Privacy Policy available at www.endlessholidays.co.za and which may be obtained in print from Endless Holidays upon request. You consent to the collection, use and disclosure of your Personal Information by Endless Holidays for the purposes set out in the Privacy Policy.
2. You consent to receive marketing communications from Endless Holidays, including updates on products and services, promotions, and any new product or service offered by Endless Holidays or its Affiliated Entities from time to time, for the maximum period of time permitted by law or until You opt-out from such communication.
3. You acknowledge that telephone calls to or from us may be monitored and recorded and you agree to such monitoring and recording.
4. You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
5. You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from us related to offers, your account, any transaction with us, or your relationship with us. You also agree that we may obtain, and you expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by you directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your reservations or account, and account collections and reminders. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or
6. Calls or text messages to you may be made by or on behalf of us unless we are notified that your telephone number is registered on Do Not Call list in South Africa. You acknowledge that you may incur a charge for these calls or text messages by your service provider and that we are not responsible for these charges. The service providers are not liable for delayed or undelivered messages.
7. You may opt-out of calls or text messages at any time. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of calls, we reserve the right to still make calls to you relating to your account, any transaction, account collections, or otherwise relating to your relationship with us. Your obligations under this Section shall survive termination of these Terms and Conditions.