Terms and Conditions
Hermanus experiences is an online platform/marketplace that enables registered users, members, to list their retreats, tours, activities, workshops and/or courses for online bookings. We also have a subscription based directory for all business listings and an event calendar.
Collectively these members will be referred to as “hosts” and all retreats, tours, activities, workshops, courses, listings and events will be referred to as “listings”, “services” and or “experiences”
All users of the Hermanus Experiences platform will need to sign up as an online member in order to book listings or communicate with hosts. For all event and listings visitors to the platform can click on direct links and communicate directlly with the listings and event providers. All online user members will be referred to as “participants” and/or “guests” By signing up you are agreeing to the terms and conditions listed here and in our, cancellations and privacy and cookies policy.
The services and functions of Hermanus Experiences
Hermanus Experiences, owners, staff and assigns will be referred to collectively as ‘’we”, “us” or “platform”.
We do not provide, manage, own, control, supply or organise any hosts listings and/or services.
We are not a travel agency and do not sell or organise travel packages under the packaged travel directive (2015/2302 EU).
All hosts, and participants are responsible in full for their own travel arrangements.
Hosts are solely responsible for their listings and services. When participants book a service or listing, they are entering into a contract directly with the host. We are not then party to any contractual relationship between hosts and participants.
Although, we will assist with the resolution of disputes. We have no control over or guarantee the existence, safety, quality and suitability of any listings or services, or the truth and accuracy of listing and services; descriptions, ratings, reviews, or host profiles, or the performance of any host, participant or third party.
Host verification only verifies that hosts have completed a verification of identity and or contact details, submitted and nothing else. Verification or any such description does not guarantee, endorse or certify any host or participant by the platform. You should always act with caution and due diligence when dealing with any hosts and participants on this platform or in person.
As we develop new services and advance our platform there may be times of disrupted use and functionality. We ask you in advance for your patience in this regard. It is our goal to produce the best user experience for all of our hosts and participants.
We may experience some growing pains along the way but will do our best to notify you in advance of any upgrades that may disrupt the use and access of information on the platform.
The terms and conditions listed here will also be updated and changed from time to time. All registered users will be notified of any such changes where possible, however it is advised that you regularly check and ensure you are aware of the latest terms and conditions of use.
It is the responsibility of all participants and hosts to keep their user registration details updated to receive notifications of any changes to any of our terms, conditions, privacy and cookie policies.
Booking your Hermanus Experience
There are no service fees associated with you discovering and booking your experiences, retreats, tours, activities, workshops and/or courses on our platform.
All our hosts agree to our best rate guarantee, whereby they confirm that you will not be able to book or pay for their experiences, retreats, tours, activities, workshops and/or courses anywhere else for less.
Subject to meeting any requirements by this platform and or the host you can book any available listing or service on the platform by following the booking process.
You will be guided to our 3rd party payment platform where full details of the full cost and your payment obligations will be presented.
The 3rd party payment platform will collect full payment at the time of your booking request. The terms and costs involved in this will be fully explained and visible during checkout.
You agree to full payment for any booking on the platform. Once your booking has been processed and you have received the booking confirmation a legally binding agreement is formed between yourself and the host, subject to any additional terms and conditions of the host that apply, including the cancellation policy and any rules and restrictions specified in the listing.
If you are booking on behalf of or for additional participants, you need to ensure that the participants meet the requirements set by the host, failing which, the hosts have the right to cancel the service without refund.
Please discuss bookings for minors with hosts as in some or most cases the nature of the listed retreats, tours, activities, workshops and/or accommodation rentals are not suitable for minors as they may be disruptive to other participants.
Please carefully review the description of the experiences, retreats, tours, activities, workshops and/or courses you are booking to ensure you understand exactly what is being offered and what is expected of the host by your participation.
You are welcome to contact the host for more information or read through their profile and reviews to ensure the experiences, retreats, tours, activities, workshops and/or courses are a good fit for you.
You may not bring additional participants along with you to the experiences, retreats, tours, activities, workshops and/or courses unless they have been booked for on the platform.
Hosts plan in advance and most likely will not favour or be able to accommodate last minute arrivals. Should you have a family member or friend you would like to have join you on the experiences, retreats, tours, activities, workshops and/or courses you have booked. Please check availability on the platform or use the contact button to discuss with the host as additional participants may be turned away if not booked prior to arrival.
Reviews
Reviews are a vital part of your participation in ensuring the best possible use of this platform for all hosts and participants.
Reviews are public and not verified by us. We put our trust in all our hosts and participants to operate out of honesty and kindness towards each other when reviewing and rating the experiences, retreats, tours, activities, workshops and/or courses discovered and booked via our platform.
Your ratings and reviews assist other participants with deciding if the service or listing is a good fit for them. Be honest about your experience and detail the high points and low or negative points. This also gives our hosts the opportunity to fine tune experiences, retreats, tours, activities, workshops and/or courses for other participants.
Cancellations
Please refer to our cancellation policies by following this link
Content
In order for the platform to function hosts will be required to store content such as videos, photographs, text and other information (herein after collectively termed “content”) regarding their listings and or services. All hosts and participants agree by uploading any content onto the platform that they are duly authorised to do so and hold full licence for the content and provide the platform full global license to distribute and use the content provided in any measure or on any platform globally for the purpose of marketing the platform.
The platform also stores and makes use of content generated by or licensed to the platform via third parties. Where we may make use of content supplied to the platform by hosts and participants for marketing purposes by no means may anyone copy, repost and/or repurpose any material contained within the platform or found on any or all of our social media platforms for any commercial use without the platforms prior written consent.
We reserve the right to remove any content that is found to be violent, promotes illegal activity, is discriminative, racist or in violation of any of our terms and the loving community we have set out to create with this platform.
Hosts responsibility
Hosts are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their listings.
In many cases hosts may have to register, get a permit or obtain a license before providing certain services like providing accommodation, serving meals or alcohol, guiding or transporting participants.
Host are responsible for identifying and obtaining any required licenses, permits, or registrations for any and all services they offer. Certain services may carry fines or penalties or not be permitted at all. If you are unsure you should seek legal guidance prior to listing your services.
Hosts are responsible for ensuring that all information supplied in their listings is true and accurate including: their cancellation policy, all possible risks involved in participating in their services including those provided by 3rd parties, all requirements for participating, equipment, dress code, minimum age, skills level, level of fitness and any terms, rules, restrictions and conditions necessary for participants to agree and adhere to.
All our hosts are bound by our best rate guarantee whereby you confirm that participants will not be able to book or pay for your retreats, tours, activities, workshops and/or accommodation rentals anywhere else for less than the rates listed for your listings on our platform.
You are welcome to issue discount vouchers to participants on this platform as incentives for early bookings or other promotional activities.
Host fees and pay-outs
We charge 15% commission on the total booking amount paid by participants booking your experiences, retreats, tours, activities, workshops and/or courses discovered on our platform. By listing your experiences, retreats, tours, activities, workshops and/or courses on our platform you agree to our lowest price guarantee that no guest will be able to book your experiences, retreats, tours, activities, workshops and/or courses off our platform for less. You also agree that the commission is due on the total booking amount including all extras relevant for guests to participate in or book your experiences, retreats, tours, activities, workshops and/or courses.
Guests book and pay via our secure online payment platform. Our fee, the 15% commission collected on the total amount paid, is deducted and the remainder of the payment sits in our secure account until payment, pay-outs are due.
Pay-outs will be released within 24 hours of the start of the experiences, retreats, tours, activities, workshops and/or courses booked. This provides time for participants to notify us if there is no legitimacy of the hosts listing created on our platform.
Tax
As a host you are solely responsible for determining your obligations in regards to vat and tax laws
Tax laws may require us to provide tax information to relevant authorities. We do not assume any liability for the failure of any host to comply with any applicable tax reporting or remittance obligations.
Indemnification
The hosts, participants and/or any members listing their venues, services and listings on this platform shall be liable for and indemnifies and shall keep indemnified the platform and any of our directors, employees, representatives, subsidiaries, distributors, affiliate partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the platform and its contents against any liability, loss, expense, damages, claims, suits, actions, demands or proceedings, whether arising under any statue or at common law, in respect of any loss or damages, personal loss, injury (including illness) to or death of any person arising out of or in connection with or caused by any listings and service promoted on this platform and the performance of this platform.
Contact
Any questions or comments on our terms of service can be submitted directly via email to info@hermanusexperiences.co.za or via our contact page submission form
