Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY, SINCE YOU’RE USE OF ANY OF THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE ANY OF THE SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED.
Section A - Terms and Conditions of use and Reservation Rules and Regulations
A. WEBSITE TERMS AND CONDITIONS
- GoMelo provides the information and services offered to you via this website ("services") subject to the terms and conditions set out hereunder. By accessing the GoMelo website ("website") and using any of the services and information offered via the website, you agree to all the terms and conditions contained herein.
- GoMelo reserves the right to change, add or remove any part of the terms and conditions and notices under which this website is offered, and you agree to accept and be bound by the terms and conditions and / or any notices that may be in force at the time of use. GoMelo will post such changes on its website under “terms and conditions” and advice that you review these terms and conditions periodically. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.
- The 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.
- GoMelo may discontinue or suspend the website at any time without notice, and it may block, terminate or suspend any user's access at any time for any reason in its sole discretion, even if access continues to be allowed to others.
- You acknowledge that GoMelo has the right to enforce the guidelines contained herein as it deems appropriate in its sole discretion.
1. Use of the Website
- The GoMelo reservations feature of this website is provided solely to assist you in determining availability and to make reservations. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential
- 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 GoMelo.
- You agree to comply with all the rules and regulations regarding rates and charges as well as in respect of the availability of products or services. You shall be responsible for all charges, fees, duties, taxes and assessments arising from the use of this website
- You undertake to pay for reservations or any services or products offered by way of credit card or Electronic Funds Transfer on presentation and no payment shall be withheld or deferred on account of any claim, counter-claim or setoff.
2. Content of the Website
- Whilst every effort is made to update the information provided on this website on a regular basis, GoMelo makes no representations or warranties, whether express or implied, 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. GoMelo 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.
3. Copyright and Intellectual Property Rights
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to GoMelo and / or its affiliates, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws
4. External Links
- External links are provided which will allow you to visit the sites of third parties. These links are for your convenience and the inclusion of hyperlinks to such websites does not imply endorsement or association and no representation is made as to the integrity of their content and / or the quality and acceptability of the products or services offered. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the relevant website's terms and conditions of use.
- You shall not create any hyperlinks to this website without the prior written consent of GoMelo.
- You should research and assess the risks which may be involved in accessing and using any software on the internet before using it and GoMelo will not be liable for claims for loss or damage arising from your use of or of information gained from or from accessing any such linked sites.
5. Eligibility to transact
- The Site is available only to individuals and entities that can form legally binding contracts under South African law. You must accordingly be over the age of 18 (eighteen) years in order to book accommodation, or must be transacting with the consent of your parents / guardian. If you do not qualify, you have to leave the site.
- You will be responsible for all bookings made under your username and password, regardless of whether such transactions were in fact entered into or authorised by you and should therefore carefully safeguard your account information
- You acknowledge and agree that GoMelo shall be entitled to verify the authenticity of any communication transmitted to it via the internet.
- You agree that all communications purportedly sent from you via the internet, and which communication may as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever, differ from the details actually sent or given, or communications not emanating with your consent shall be deemed to have been given by you in the form received by GoMelo and you agree to be bound by such details and to indemnify GoMelo from any liability with regard thereto
- You are waiving all rights you may have or obtain against GoMelo arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that GoMelo acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify GoMelo 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 GoMelo has acted on your instructions or instructions which purport to emanate from you.
7. System Availability
- GoMelo will use reasonable endeavours to maintain full system availability, except during scheduled maintenance periods
8. Warranties and Liability Disclaimer
- You warrant that the details of every instruction and all information given by you to GoMelo shall be accurate, true and correct.
- The information, software, products, and services published on this website may include inaccuracies or typographical errors. GoMelo does not guarantee the absolute accuracy of the information displayed on this website (including, without limitation, photographs, lists of amenities GoMelo disclaims liability for inaccuracies relating to the aforementioned information and descriptions. Ratings displayed on this Website are intended as only general guidelines, and GoMelo does not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. GoMelo and/or their respective suppliers may make improvements and/or changes on this Website and the Mobisite at any time.
- GoMelo makes no representations about the information, software, products, and services contained on this Website for any purpose, and the inclusion of any products or services on this Website does not constitute any endorsement or recommendation of such products or services GoMelo. All such information, software, products, and services are provided "as is" without warranty of any kind. GoMelo hereby disclaim all warranties and conditions with regard to information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
- The providers of the accommodation on the GoMelo website are independent bodies and not agents or employees of GoMelo. GoMelo will not refund in the event of a double booking, strike, force majeure or other causes beyond their direct control, and will have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
- In no event shall GoMelo and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this website or with the delay or inability to use this Website or for any information, software, products, and services obtained through this Website, or otherwise arising out of the use of this whether based on contract or delist, even if GoMelo. And/or their respective suppliers have been advised of the possibility of damages.
Where personal information (such as your name, address, telephone number and e-mail address) is submitted to the web the following principles are observed in the handling of that information:
- This web site collects, processes and stores only such personal information regarding users as is necessary to provide the services offered. The specific purpose for which information is collected is apparent from the context in which it is requested.
- This web site will not use the personal information submitted for any purpose other than the efficient provision of services, including this web site, without obtaining the prior written approval of the user or unless required to do so by law.
- This web site will keep records of all personal information collected and the specific purpose for which it was collected for a period of one year from the date on which it was last used.
- This web site will not disclose any personal information regarding a user to any third party unless the prior written agreement of the user is obtained or the web site is required or permitted to do so by law.
- This web site will destroy or delete any personal information which has become obsolete.
Note that, as permitted by the ECT Act, this web site may use personal information collected to compile profiles for statistical purposes and trade in these profiles. No information contained in the profiles or statistics will be able to be linked to any specific user.
Section B - GoMelo Reservation Rules Guidelines and Conditions
1. Registration and Information
- By registering as GoMelo Member the user guarantees that all information given is correct and valid.
- The user undertakes to provide GoMelo with a valid email address and agrees to keep profile information updated at all times.
- By Registering as a GoMelo member you agree to receive information pertaining to GoMelo and affiliates.
2. Renting out of GoMelo Weeks
- The renting of GoMelo weeks to another party is strictly prohibited.
- Should a member rent a week out to a third party, GoMelo reserves the right to suspend the member portfolio, and to block the member from confirming any further reservations through GoMelo. Should there be any Reservations still due for occupation, GoMelo reserves the right to cancel the reservations with no refund.
- GoMelo availability is not allowed to be advertised.
3. Guest Certificates
- GoMelo Members will be restricted to 1 Guest Certificate per year, or alternatively GoMelo will charge a nominal fee of R 125.00 per Guest Certificate thereafter.
- When making a Guest Certificate, GoMelo requires the Name, Surname, Valid ID number, Contact number and e-mail address of the guest to verify that the guest information is valid and to ensure that the resort can be informed of the guest checking in. Should there not be any Guest Details on the confirmation letter, or the Guest details do not correspond with the client checking in at the Resort, the Resort reserves the right to refuse occupancy to the Guest
- All reservations with an occupation date less than 14 days from date of booking has to be secured with full payment upon booking date. Only Credit Card Payments accepted.
- Any reservations placed on hold that exceeds an occupation date of 14 days, has to be secured with full payment within 72 hours from making the reservation. Only Credit Card Payment and EFT Payments accepted.
- Reservations that are not secured will be automatically released.
- GoMelo will not be held responsible for any double bookings or bookings not honoured not due to its negligence and complaints must be must be taken up with the Resort/Share block/Points Club in question.
- All accommodation displayed on the GoMelo website is subject to availability.
6. Undertaking by the lessor (Rental Accommodation)
- By placing ownership (accommodation Interval) on rental with GoMelo, the owner agrees not to rent it out privately / sell the ownership (accommodation interval) without:
- Notifying GoMelo accordingly at least 1 (one) full business day before concluding the private rental, provided the ownership is still available.
- Up until notification is received, GoMelo will enjoy preference to rent out / sell the ownership (accommodation interval).
- It is the responsibility of the Owner to check the status of their ownership.
- In the instance where both parties (owner and GoMelo) sold/rented the ownership in consequence of the owner's failure to notify GoMelo of a private rental GoMelo will have the option to:
- Demand cancellation of the private rental agreement
- Demand a reasonable penalty of not more than 75% of the fee, which amount will be due on demand.
- The owner consents to the above and undertake to pay any penalty as provided for in e.2 (as above) on demand, alternatively, that GoMelo is entitled to unilaterally set-off the due amount against any money received on any transaction in the owner’s name.
- When renting ownership (accommodation interval) on GoMelo, GoMelo will retain 20% (Excluding VAT) of the gross amount that the ownership was rented out for.
- GoMelo does not guarantee that any ownership will be rented out.
- GoMelo will pay the owner of the ownership their rental amount due during the Month End period after the occupation date of the ownership (accommodation interval), and not in the month that it was booked. No payments will be done prior to the set Month End dates.
- GoMelo will only accept ownership (accommodation intervals / points) if all levies, management fees and / or annual fees are duly paid and in a current status.
- All ownership placed on rental with GoMelo will be verified by GoMelo with the Resort/Share block to ensure confirmation that all levies, management fees and or annual fees are paid to date and in a current status. This will result in all ownership being held back for initial period of 48 (forty eight) hours from being placed on rental to ensure sufficient time for the verification process. Weekends (Saturday and Sunday), Public Holidays and Office Closures will not form a part of the 48 (forty eight) hours.
- By placing ownership on rental the user agrees that GoMelo can contact the resort/share block/points club on his / her behalf in order to verify the details of the ownership placed on rental as well as the status of the levy.
- Should your ownership (accommodation interval) be rented out, GoMelo reserves the right to first check with your Timeshare Club / Resort that all levies on your portfolio are paid up to date and your account is in good standing. Should your account be in arrears, GoMelo reserves the right to withhold the rental income until such time that your account is in good standing with your Timeshare Club / Resort.
- Please check your confirmation letter after a reservation has been confirmed, to ensure that what you have confirmed, is indeed correct.
- GoMelo reserves the right to only correspond with the member who confirmed a Reservation. GoMelo will not engage in any communication with a Guest / third party.
- GoMelo reserves the right to unilaterally cancel a member’s portfolio with immediate effect and without any prior notice in order to protect its reputation and / or the reputation of its subsidiaries or affiliates. Should a member be blocked from the system, a third party is not permitted to confirm a reservation on the blocked members behalf. Should this occur, GoMelo reserves the right to cancel the reservation with no refund.
- All complaints regarding resorts should be directed to the resorts itself and GoMelo will not be held liable for any complaints regarding inter alia the quality of accommodation, services etc.
- The user shall be bound by the resort rules and the use agreement applicable between the member / shareholder and the Resort/Share block/Points Club.
- GoMelo will not be held responsible for any incorrect information supplied with regards to the resort not due to its negligence.
- It is the responsibility of the user to download/print or email the confirmation letter of any booking from the GoMelo website. GoMelo confirmation letters cannot be amended in anyway
- The resort reserves the right to refuse admittance if the booking confirmation letter is not produced, or if the number of persons exceeds that shown on the confirmation letter /unit configuration. Persons allowed include children of all ages.
- Check-in will only be allowed on presentation of a valid confirmation letter and corresponding guest ID.
- GoMelo Reservations does not take responsibility for any accommodation purchased from a second or third party or incorrect information supplied by a second / third party.
- PLEASE NOTE: Failure to abide by the resort rules or any directive from management may lead to your eviction at the resort. You are required to adhere to the resorts rules especially, but not limited to, noise levels, alcohol and drug abuse, verbal abuse, immoral behaviour and any other rule that contradicts the resorts rules. Non-compliance will lead to immediate eviction at managements and/or security’s sole discretion.
- PLEASE NOTE: The resort will be obliged to refuse admittance if this confirmation letter is not produced or if the person wishing to use the booking is not the member as stated above, or is not in possession of a valid guest certificate. The resort will require Identification documents to validate that the person checking in is indeed the person indicated on this confirmation letter.
- It is your responsibility to ensure that you print the confirmation Letter / guest certificate and produce it at check-in. GoMelo will not be held liable for any refund / replacement booking should the resort not allow you to occupy should you not produce your confirmation letter / guest certificate. It is also your responsibility to ensure the confirmation Letter / guest certificate contains the correct details / particulars of the person checking in, should the details / particulars differ the resort may deny you access. GoMelo will not be held liable for any refund / replacement booking should the resort not allow you to occupy due to incorrect guest information on your confirmation letter / guest certificate.
8. Terms and Conditions for GoMelo Prize winners and Vouchers
- The voucher must be redeemed within 12 months from date of issue.
- The voucher is only redeemable against the number of nights specified on voucher.
- The voucher is valid for any period outside school holidays / public holiday periods.
- Transportation will be for guests own account.
- Refundable Key and Breakage Fee payable upon arrival at Resort.
- The resort reserves the right to refuse admittance if the booking confirmation letter is not produced, or if the number of persons exceeds that shown on the confirmation letter / Unit configuration. This includes children of all ages.
- All accommodation is self-catering and subject to availability.
- All meals, beverages and outside activities will be for guests` own account.
- Vouchers are neither transferable nor exchangeable for cash.
- No amendment or addition to this voucher / prize letters will be accepted.
- No pets are allowed.
- Upon cancellation or amendment of a confirmed reservation, voucher or prize letter will be forfeited.
- Voucher may be redeemed up to a maximum of 21 days prior to occupancy.
- Any additional terms as per the voucher applies and the above terms does not replace the terms on the voucher received.
- Vouchers excludes any owner weeks
- Only 1 voucher may be used per Reservation
9. Cancellation Policy
The following cancellation fees will be applicable to all GoMelo reservations:
120 days and more prior to check in: 20% cancellation fee will be charged
Between 90 and 120 days prior to check in: 25% cancellation fee will be charged
Between 60 and 90 days prior to check in: 30% cancellation fee will be charged
Less than 60 days prior to check in: 100% cancellation fee will be charged
10. Promotional Offers
- When booking on a GoMelo Promotional Offer / Special, the Terms and Conditions of the Promotional Offer / Special will apply
Section C - Use of Content
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING GoMelo (hereinafter referred to as “the site”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
These terms and conditions of use for GoMelo apply to your use of the website and do not alter in any way the terms or conditions of any other agreement you may have with GoMelo, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are a major person of at least 18 years of age and are lawfully able to accept these. If you are using the Site on behalf of any other person or entity, you further represent and warrant that you are duly authorized to do so, and that you accept these Site Terms on behalf of the relevant person.
1. Ownership of the Site and its Contents
The domain is owned by GoMelo and all contents featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("GoMelo Content"), is reserved for the exclusive use by GoMelo, its licensors, or its third-party image partners and is protected by the laws relating to intellectual property, copyright and / or trademarks.
2. Use of the Site
This Site and the GoMelo Content are intended for the exclusive use of GoMelo.. You may not use this Site or the GoMelo Content for any purpose not related to your business. You are specifically prohibited from:
- downloading, copying, or re-transmitting any or all of the Site or the GoMelo Content without, or in violation of, a written license or agreement with GoMelo;
- using any data mining, robots or similar data gathering or extraction methods;
- manipulating or otherwise displaying the Site or the GoMelo Content by using framing or similar navigational technology;
- registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any GoMelo product or service if you are not expressly authorized by such party to do so; and / or
- using the Site or the GoMelo Content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside
PROHIBITION OF USING THE GoMelo LOGO, and any other product or service name or slogan contained in the Site are reserved for the exclusive use of GoMelo and its suppliers or licensors, and shall not be copied, imitated or used, in whole or in part, without the prior written permission of GoMelo or the applicable trademark holder. You may not use meta tags or any other "hidden text" utilizing "GoMelo" or any other name, trademark or product or service name of GoMelo without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the intellectual property of GoMelo and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site remain the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GoMelo.
You may not use a GoMelo logo or other proprietary graphic of GoMelo to link this site to any other site without the express written permission of GoMelo. Further, you may not reproduce and frame any GoMelo trademark, logo or other proprietary information, including the GoMelo Content, without GoMelo' express written consent.
GoMelo are not making any claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site, and shall not accept direct or indirect responsibility for the correctness or reliability of these sites not under the control of GoMelo. GoMelo provides these links for information purposes and to add convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption of the contents by GoMelo.. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
4. Forums and Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site. You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of GoMelo, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose GoMelo or its users to any harm or liability of any type.
The use of all and any material has to be approved in writing by GoMelo.