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Terms & Conditions

CONNECTING TRAVELLERS AND TRAVEL EXPERIENCES IN SOUTH AFRICA,
THROUGH CUTTING-EDGE TECHNOLOGY AND DATA INTELLIGENCE
TERMS AND CONDITIONS FOR THE JURNI ONLINE BOOKING PLATFORM

Last updated: September 2022

These Terms and Conditions are applicable to your access and use of the Jurni Platform and contains exclusions and limitations of the liability of Jurni Proprietary Limited and its affiliates and imposes legal obligations on you. By using the Jurni Platform you indicate your acceptance of an agreement to these Terms and Conditions. If you do not agree, please notify us in writing and we will terminate your access to the Jurni Platform. It is suggested that you print a copy of these Terms and keep it for your records. Please read the Terms and Conditions carefully. All the terms and conditions are important, but please pay special attention to the parts that are inside a box with bold writing. The wording in the boxes is only intended to bring the Terms and Conditions to your attention, and to explain their nature and effect. They are aids to understanding only and are not terms and conditions themselves. They do not limit the meaning or application of the provisions of these Terms and Conditions, and do not apply to situations and examples described in the boxes or to similar situations or examples.

1. Thank you for using the Jurni Online Booking Platform (the “ Jurni Platform ”) which is owned and operated by Jurni Proprietary Limited (“ Jurni ” / “we”). Please carefully review these terms and conditions before utilising the Jurni Platform.

2. By accessing and/or using the Jurni Platform in any way, you (the “User”/“You/“Your””) agree that You enter into a legally binding contract with us upon these terms and conditions (“Terms and Conditions”/ “Agreement” ),and our privacy policy, which is accessible at https://www.jurni.travel/privacy-policy (“Privacy Policy” )The provisions of the Privacy Policy are hereby incorporated by reference into this Agreement and any reference to this Agreement shall include the provisions of the Privacy Policy, which have been so incorporated by reference. To the extent allowed by law, Your access and/or use of the Jurni Platform is deemed to mean that You agree to the Agreement and the Privacy Policy. If You do not so agree, please do not access or use the Jurni Platform.

3. The Jurni Platform offers an online venue that enables a natural person or juristic entity service provider (“Supplier”) to advertise, market, sell, promote and/or or offer various services, including but not limited to accommodation, activities, excursions and events (referred to as “Supplier Services”). These Terms and Conditions shall apply separately to any additional Supplier terms and conditions that may be applicable to you in respect of using the Supplier Services.

4. Jurni also provides certain ancillary and administrative related services on behalf of the Supplier, which services include (but are not limited to) the collection of payments and the processing of refunds in certain limited circumstances, pursuant to the Supplier Services. The Jurni Platform enables Users to search through Supplier Services and to book the services offered from time to time via the Jurni Platform.

5. By using the Jurni Platform, You acknowledge that Jurni merely provides an online platform through which Suppliers can advertise, market, sell, promote and/or or offer its Services to Users. The Suppliers are in themselves solely responsible for the performance of their Supplier Services and You accordingly understand that Jurni does not represent itself as a contracting party to any agreement concluded between the Supplier and yourself as the User for the provision or utilisation of Supplier Services. Jurni merely transmits the relevant details of your reservation/purchase to the relevant Supplier, collects the purchase price on behalf of the Supplier and may send a confirmation email to You on behalf of the relevant Supplier(s). Jurni does not own, create, control, offer, manage, deliver, or supply any of the Supplier Services on the Jurni Platform. Jurni also does not own any of the listed property/accommodation premises at which you may choose to book.

6. Jurni shall not be held liable for any direct, indirect or consequential damage(s), howsoever arising, pursuant to the utilisation of the Jurni Platform, the performance by the Supplier or utilisation by the User of the Supplier Services or in respect of any damage or destruction to any property or accommodation premises. The User hereby irrevocably and unconditionally indemnifies Jurni, its directors, employees, representatives, and associates and agrees to hold them harmless from and against any and all loss, damage, injury and/or claims, of whatsoever nature, howsoever arising from or connected with the utilisation of the Supplier Services or the use of the Jurni Platform.

The above clause limits Your rights and remedies against us, and this clause limits and excludes Your right to recover or make claims for losses, damages, liability or harm that You may suffer. You will also be responsible for, and You accept, various risks, damages, harm and injury which may be suffered by You.

The clause also constitutes an assumption of liability and risk by You, as You agree to take full responsibility and risk for the utilisation of the Supplier Services and the Jurni Platform.

The above clause further requires You to indemnify Jurni against claims, loss, damages or harm that may be suffered by Jurni as a result of the events that set out in the above clause. You are also required to indemnify Jurni against claims for loss, damages and harm that may be made by any person or entity as a result of the events set out in the above clauses. This places various risks, liabilities, obligations and legal responsibilities on You, and You will be responsible and be liable for the payment of the value of the claims, loss, damages and harm that may be suffered or claimed.

7. Jurni does not purport to act in any capacity as an agent, insurer, organiser or retailer of the Supplier or the Supplier Services. The Supplier acts exclusively on its own behalf and for its own benefit, and not on behalf, or for the benefit, of Jurni. The relationship between Jurni and the Supplier is limited to the Supplier being an independent, third-party contractor, and not an employee, agent, joint entity or partner of Jurni for any reason.

8. Any concerns, issues or disputes regarding, including but not limited to, bookings and payments, overbooking and double booking, modification of confirmed bookings, damage to accommodation premises / property, non-arrival or late arrival, and /or dissatisfaction with the Supplier Service/s must be directed to the Supplier for resolution in terms of the policies and/or processes of the Supplier concerned. You hereby indemnify and hold Jurni, its shareholders, directors, employees, agents and its affiliates and subsidiaries harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with (i) your breach of this Agreement; (ii) the improper use of the Jurni Platform; (iii) your interaction with any User or Supplier (iv) Your use of or participation in any of the Supplier Services; (v) any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) You, the Supplier or a third party may suffer as a result of Your use of or participation in any of the Supplier Services; or (vi) Your breach of any laws, regulations or third party rights.

The above clause limits Your rights and remedies against Jurni, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that You may suffer. You will also be responsible for, and You accept various risks, damages, harm and injury which may be suffered by You.

You are also required to indemnify Jurni against claims for loss, damages and harm that may be made by any person or entity as a result of the events set out in the above clauses. This places various risks, liabilities, obligations and legal responsibilities on You, and You will be responsible and be liable for the payment of the value of the claims, loss, damages and harm that may be suffered or claimed.

9. When submitting content on Jurni's community or discussion forum, or rating or writing a review on behalf of a Supplier or Supplier Services, you hereby acknowledge and accept that the content thereof will be publicly visible on the Jurni Platform, and other sites of Jurni’s partners/affiliates and may exist even after the Jurni Account is terminated. You acknowledge that any photographic images used on the Jurni Platform are intended only to indicate a photographic representation of a Supplier or Supplier Service at the time the photograph was taken and does not constitute an endorsement or verification by Jurni of any Supplier or Supplier Service.

10. In order to fulfil our obligations under these Terms and Conditions, Jurni will be required to process certain data and personal information provided to us by You and You will be required to process our data and personal information provided to You. Please refer to our Privacy Policy for more information on our data privacy obligations.

11. You may be required to register a Jurni account (“Jurni Account”) to access and use certain features of the Jurni Platform. If you are registering a Jurni Account for a business, organisation or other legal entity, you hereby represent and warrant that you have the requisite authority to legally bind that entity and grant Jurni all permissions and licences provided in this Agreement. Users warrant that all information provided on the Jurni Platform is accurate and complete at the time of making a booking for a Supplier Service. Jurni shall not be liable for any incorrect information provided to the Supplier when a booking is made.

12. You are responsible for maintaining the confidentiality and security of your Jurni Account credentials and may not disclose your credentials to any third party. You must immediately notify Jurni if your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Jurni Account. You will be liable for any and all activities conducted through your Jurni Account, unless such activities are not authorised by yourself and are not otherwise negligent (such as failing to report the unauthorised use or loss of credentials).

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that You may suffer. You will also be responsible for, and You accept various risks, damages, harm and injury which may be suffered by You.

13. When making a reservation and/or a purchase on the Jurni Platform for Supplier Services, You will be given the option to store your payment method information for future use on the Jurni Platform. Should You exercise this option, you hereby authorise Jurni to store your payment method information and charge your payment method if necessary. If your payment method’s account information (e.g. account number, routing number, expiration date) changes for any reason whatsoever, You provide your consent that we may acquire any updated information from our financial services partner or your bank and update your payment method details in our Jurni Account accordingly.

14. You are solely responsible for the accuracy and completeness of your payment or refund method information. Jurni is not responsible and shall not be held liable for any loss or damage suffered by You as a result of incorrect payment or refund method information provided by You. The payment services used by the Jurni Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices which Users should review independently. Jurni is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services and any links to such content, products or services are not an endorsement by Jurni of such Third-Party Services. You acknowledge and understand that the payment or refund method for Third-Party Services may involve the use of other third-party payment service providers who may charge additional fees when processing any payments and/or refunds in connection with the payment services. You agree that Jurni is not liable for any such additional fees that may be charged by any Third-Party Services and You indemnify Jurni accordingly.

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that You may suffer. You will also be responsible for, and You accept various risks, damages, harm and injury which may be suffered by You.

The clause also constitutes an assumption of liability and risk by You, as You agree to take full responsibility and assume all risk for utilisation of any Third Party Services on the Jurni Platform.

15. Jurni may restrict the availability of the Jurni Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance or upgrades that ensure the proper or improved functioning of the Jurni Platform. Jurni may improve, enhance and modify the Jurni Platform and introduce new Supplier Services from time to time.

16. A Supplier may use third-party service providers to assist with managing their accommodation or providing additional services requested by You, such as cleaning services, maintenance services or security service providers. In some instances, a Supplier may use features on the Jurni Platform to share information about You (including, but not limited to, check-in and check-out dates, your name and your contact details) with such third-party service providers for the purposes of coordinating the stay, managing the accommodation, or providing other services. A Supplier is solely responsible for the third-party service providers that they use. You acknowledge and understand that any concerns, issues or disputes arising as a result of a Supplier utilising any third-party service provider must be raised and resolved with the Supplier directly. You hereby indemnify Jurni, its directors, employees, representatives, and associates and agree to hold them harmless from and against any and all loss, damage, injury and/or claims, of whatsoever nature, howsoever arising from or connected with your use of any third-party service providers contracted by the Supplier.

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that You may suffer. You will also be responsible for, and You accept, various risks, damages, harm and injury which may be suffered by You.

The above clause further requires You to indemnify Jurni against claims, loss, damages or harm that may be suffered by Jurni as a result of the events that set out in the above clause. You are also required to indemnify Jurni against claims for loss, damages and harm that may be made by any person or entity as a result of the events set out in the above clauses. This places various risks, liabilities, obligations and legal responsibilities on You, and You will be responsible and be liable for the payment of the value of the claims, loss, damages and harm that may be suffered or claimed.

17. Cancellation & Non-Arrival Conditions

17.1. You acknowledge that cancellation and non-arrival policies may vary from one Supplier to another.

17.2. Terms and conditions for changes and any related refunds are available to the User at the time of booking and Users are required to accept these terms before making any payments. The same is applicable for changes such as cancellations and date changes.

17.3. Users who are unable to utilise or fail to utilise any Supplier Service/s on the day of the booking for whatever reason will forfeit any deposit paid and the full amount of the booking will be due and payable. If in the event, a User is eligible for a refund, reasonable administration charges may be applied by the Supplier or Jurni and deducted from any refund amount applicable.

17.4. In the event of an overbooking or an erroneous booking by the Supplier, the Supplier or if the Supplier so instructs, Jurni, on behalf of the Supplier, will refund the User for any and all amounts paid by the User for a booking that was overbooked or erroneously booked by the Supplier.

17.5. Users are encouraged to take out appropriate travel insurance where required, from an appropriate insurance provider.

18. Notwithstanding anything to the contrary contained in this Agreement, and as far as the law allows, Jurni shall not be liable for any indirect, consequential, incidental or special loss or damages, loss of profit, loss of revenue or loss of production. The total cumulative liability of Jurni arising from this Agreement, whether arising in delict, contract, warranty, contribution, indemnity or otherwise and irrespective of the number of claims or causes of action giving rise to such claims, shall not exceed the aggregate amount of the booking fee actually paid by the User for a particular booking made on the Jurni Platform.

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims from Jurni for losses, damages, liability or harm that You may suffer in excess of any booking fee you have actually paid. You will also be responsible for, and You accept various risks, damages, harm and injury which may be suffered by You.

19. Jurni reserves the right to modify this Agreement at any time in accordance with this provision. Any changes in terms of this Agreement will be posted on the Jurni website and/or the Jurni application and we will update the “last updated” date at the top of this Agreement. We will also provide you with notice of the modifications via email within a reasonable time before the date that they become effective.

20. Should you disagree with the revised/modified Agreement, you are entitled to terminate the Agreement. Jurni will inform you about your right to terminate the Agreement via email. If you do not terminate the Agreement before the date the revised Agreement becomes effective, your continued access to or use of the Jurni website and/or Jurni application will constitute acceptance of the revised Agreement.

21. No failure by the Jurni to enforce one or more of the provisions within this Agreement shall constitute a waiver of any such provisions or of the rights of Jurni thereafter to enforce each and every term and condition of this agreement. If any provision hereof is held to be illegal, invalid or unenforceable for any reason, such provision shall be deemed to be pro non scripto but without affecting, impairing or invalidating any of the remaining provisions of this agreement which will continue to be of full force and effect.

22. These Terms and Conditions shall be governed in accordance with the laws of the Republic of South Africa. You may indicate your consent to be bound to the Agreement by assenting to same by way of a double click on the Jurni Platform.

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