Bonds - Terms & Conditions
- What these terms cover. These are the terms and conditions on which we supply The Royal Portfolio Bonds “Bond” or “Bonds” to you online. They do not relate to our hotel services, for which please see our separate website at https://www.theroyalportfolio.com/.
- Why you should read them. These terms apply to all purchases made online from the Website. Please read these terms carefully and ensure you understand them. Use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. Important clauses, which may limit our responsibility or involve some risk for you, are reflected in bold and underlined. Some of these provisions have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms. You agree to pay special attention to these clauses.
INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are The Royal Portfolio (Pty) Ltd (“TRP”) a company registered in South Africa. Our company registration number is 2015/434108/07 and our registered address is at 21 Exeter Avenue, Bishopscourt, Cape Town, South Africa.
- How to contact us. You can contact us by telephoning our customer service team at +27 (0)21 671 7068 or by writing to us at email@example.com.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place by way of an email sent to you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Bond. This might be because you have reached your order limit, or because we have identified an error in the price or description of the Bond.
- Your Bond number. We will assign a Bond number to your order and tell you what it is when we accept your order. It will be emailed to you together with your bond. It will help us if you can tell us the Bond number whenever you contact us about your Bond.
AVAILABILITY OF BONDS
- All Bonds displayed on the Website are limited and subject to availability.
- The Bonds available on the Website are for your personal use only. You may not sell or resell the Bonds you receive from us unless you are a Travel Agent or Tour Operator contracted with The Royal Portfolio. If you are a Travel Agent or Tour Operator and you purchase a Bond to resell to a client, you are obliged to pass on the full value of the bond to that client (ZAR12,500) excluding the donation made by The Royal Portfolio to The Royal Portfolio Foundation. If, in our sole discretion, we believe that any order to be filled or Bonds to be provided to you may result in the violation of these terms, we reserve the right, with or without notice, to cancel or reduce the quantity thereof.
- We will make all reasonable attempts to ensure that when stock of a Bond is no longer available, the Bond, in particular, is removed from the Website.
- We cannot guarantee availability of Bonds but will endeavour to where possible fulfil your order. Where you have reached your order limit, we will endeavour to contact the you based on the information you provided at registration, and offer either the option to cancel the order or reduce the quantities, where applicable.
PROVIDING THE BONDS
- When we will provide the Bonds. We will send the Bonds to you via email as soon as reasonably possible and in any event within 48 hours after the day on which we accept your order.
- When you become responsible for the Bonds. The Bonds will be your responsibility from the time we email them to the address you gave us.
- When you own the Bonds. You own the Bonds once we have received payment in full.
- What to do if your Bond has not been sent to you via email. If your Bond has not been sent within the time frames stipulated in clause 5.1 please contact us on firstname.lastname@example.org.
WHAT YOU WILL RECEIVE
- When you purchase a Bond for R 10 000.00 you will receive an additional R 2 500.00 redeemable towards your future stay, the total redeemable value of which is R12 500.00.
- We will in addition donate R 2 500.00 to The Royal Portfolio Foundation Trust with IT Number: 1695/2018(C), to assist with critical projects in South Africa.
- All Bonds can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically Bonds are for a period of 24 months from the date of purchase. If they have not been used within this period they will expire.
- Bonds may not be used together with other promotional offers.
- Should the total value of your purchase exceed the value of the Bond being redeemed, the balance is required to be paid by using a credit/debit card or cash.
- Bonds are redeemable against accommodation and ancillary services.
- Bonds must be redeemed in full.
- Bond purchases are limited, you may not purchase more than 10.
- Bonds are purchased and redeemed in South African Rands (ZAR) only.
- Bonds are commissionable at a flat rate of R1,000 per bond to those that hold contracts with The Royal Portfolio. This commission is payable immediately on purchase of the bond. Normal commission rates will apply on the balance of any future bookings.
- Bonds do not accrue interest and cannot be refunded for cash once purchased.
- Bonds cannot be cancelled once purchased.
- We will not be responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Bond once we have delivered it to the email address you have provided.
OUR RIGHTS TO CANCEL THE CONTRACT
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 working days of us reminding you that payment is due;
- we cannot deliver to the email address you have provided; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Bonds.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 to 8.4 we will refund any money you have paid in advance for the Bonds we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
IF THERE IS A PROBLEM WITH THE BOND
- How to tell us about problems. If you have any questions or complaints about the Bond, please contact us at email@example.com.
- No refunds will be given on the Bonds.
PRICE AND PAYMENT
- Where to find the price for the Bond. The price of the Bond (which includes VAT) will be the price indicated on the website when you placed your order. We take all reasonable care to ensure that the price of the Bond advised to you is correct. All prices displayed on the Website are valid and effective only for the day that they are viewed. We reserve the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this Website without incurring any liability whatsoever.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. Whilst all precautions are taken by us to provide the correct information on the Website, in the event that we identify an inadvertent and obvious error in the price, product or service description, images and any other relevant content, we are not obliged to provide you with the affected Bond. We will make every effort to contact you to alert you of the error.
- When you must pay and how you must pay. You must pay for the Bonds before we dispatch them, by credit or debit card. Payment will be taken on our behalf by PayGate (Pty) Ltd, who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- You can make payments with the following cards: Mastercard, Visa, American Express, and Diner’s Club credit cards, or by bank transfer into the The Royal Portfolio bank account, the details of which will be provided on request.
- Please note that any payments deducted by PayGate from your account or refunded back to you will appear on your statement as being from TRP Travel (Pty) Ltd.
- You undertake that all details you provide to us (and to PayGate) for the purpose of ordering any goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the order.
- When using your credit or debit card, we will attempt to use 3D Secure as an additional security measure if your issuing bank supports it. 3D Secure will authenticate your personal details and will authorise payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
LIMITATION OF LIABLITY
- We expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and we had been advised of the possibility of the same. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.
- You agree to indemnify and hold harmless TRP, its servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of, or access to the Website.
- By placing an order on the Website you agree in the fullest extent permitted by applicable law, that you shall have no claim whatsoever against TRP, and the you hereby agree to release, indemnify and hold harmless the TRP from and against any and all loss, damage, actions, proceedings, claims and demands (including, without limitation, any action, proceeding, claim or demand instituted or made by any customer or other person whomsoever) and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, in connection with or arising from injury or death or any loss of or damage to its or any other person’s property) which you or any other person may incur or suffer arising from the use of products or matters connected therewith or related thereto.
HOW WE MAY USE YOUR PERSONAL INFORMATION
- We will only give your personal information to third parties where the law either requires or allows us to do so. We will give your information to our service providers where this is necessary to process payments.
- Collection of cookies. A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use TRP’s computer server. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of TRP’s Website. The information that TRP collect and may share with TRP’s advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.
All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of this Website are owned by TRP alternatively TRP is the lawful licensee thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of TRP.
OTHER IMPORTANT TERMS
- These terms and conditions contain the record of the entire agreement between users and TRP in respect of access to and use of the Website.
- If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
- TRP’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by TRP in writing.
- Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
- These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and TRP both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.