The HoneyStays Programme

Subscriber Terms and Conditions

1. Definition and Interpretation

1.1 accommodation: accommodation listed on the website and/or the programme site which offers benefits in terms of the programme;

1.2 application form: the form completed by the subscriber, online through the programme site in order to subscribe to the programme;

1.3 benefit: a benefit or discount offered by a product provider to a subscriber;

1.4 Gotland: Grand Gotland Investments 278 (Proprietary) Limited,registration number 2008/019440/07.

1.5 domicilium: Domicilium citandi et executandi. The parties choose

domicilium as follows:-

1.5.1 Gotland: 3 Amberley, 6 Milbank Road, Assagay, 3610;

1.5.2 the subscriber: the physical address set out in the application form;

1.6 effective date: the date upon which the subscriber subscribes to the programme by successfully completing the application form or, in the case of a linked subscriber, the date upon which that linked subscriber is entitled to benefits from the linked programme provider;

1.7 family: the immediate family of the subscriber, limited to the subscriber’s spouse and natural or adopted children;

1.8 linked programme provider: a provider of a loyalty, benefit or similar programme which offers benefits to its members, which include the programme.

1.9 linked subscribers: persons who subscribe to the programme indirectly, through a linked programme provider, and not as envisaged in 3 and 4.

1.10 the programme site: the website hosted by Gotland and dedicated to the programme, currently www.honeycard.co.za;

1.11 paragraph: any reference to a paragraph of this agreement will be by its number;

1.12 the programme: the HoneyStays programme and/or the Honeyguide programme, a benefit programme in terms of which subscribers pay a monthly fee in return for benefits and which is owned and operated by Gotland;

1.13 product provider: the provider of a product or service, including, but not limited to, a property owner, which offers benefits to subscribers;

1.14 property owner: the owner of accommodation;

1.15 subscriber: a person who subscribes to the programme, including alinked subscriber, subject to 9.1.

1.16 subscriber card: a card, membership certificate and/or electronic certificate,issued by Gotland to the subscriber upon a valid subscription;

1.17 the website: www.wheretostay.co.za, which is operated and hosted by WTS or any other website to be operated and hosted by WTS for the same or similar purpose and which lists the accommodation;

1.18 WTS: Clockwork Orange Advertising CC, registration number 1998/018625/23, and WTS-Garden Route CC, registration number 2004/057363/23, jointly and severally.

2. Introduction

2.1 Gotland has established and operates The HoneyStays Programme, previously known as and incorporating The Honeyguide Programme, which offers subscribers certain benefits.

2.2 The subscriber has subscribed to the programme on the terms and conditions which follow.

3. Subscription

3.1 The subscriber hereby subscribes to the programme and Gotland hereby accepts that subscription.

3.2 The subscriber acknowledges that the completion of the application form constitutes a binding application for subscription to the programme, and warrants that the information contained in the application form is true and correct.

3.3 The subscription shall commence on the effective date and shall endure for a minimum period of 12 (twelve) months, after which the subscription shall continue on a monthly basis, terminable by either party on 1 (one) calendar month's written notice. The subscriber shall not be entitled to terminate its subscription in the initial 12 (twelve) month period.

3.4 Gotland shall issue the subscriber with a subscriber card as proof of subscription to the programme. A product provider shall have the capacity and right to check whether or not the subscriber’s subscription has expired and, if so, may refuse to offer the subscriber the benefit.

3.5 By signing the application form, the subscriber acknowledges that it has read and understood and is bound by these terms and conditions.

4. Subscription Fee

4.1 The subscriber shall pay a once-off administration fee upon subscribing to the programme, as prescribed by Gotland. In the event that a subscriber's subscription lapses or is cancelled for whatsoever reason, a further administration fee shall be payable in the event that the subscriber wishes to restore that subscription.

4.2 The subscriber shall pay to Gotland a monthly subscription fee as determined by Gotland from time to time, which fee shall be published on the programme site.

4.3 Payment shall be effected by the subscriber on monthly, by way of debit order as set out in the application form, or such other method of payment as may be acceptable to Gotland. Payment by debit order shall be effected on the date of the debit order run closest to the date specified by the subscriber.

4.4 The subscription fee shall be fixed for a period of 12 (twelve) months, after which Gotland reserves the right to increase the subscription fee in its sole discretion.

5. Subscription Benefits

5.1 In consideration for the subscription fee, but subject to the subscriber complying with the provisions of 6:-

5.1.1 the subscriber shall be entitled to the benefits offered by the product providers;

5.1.2 in respect of accommodation, the subscriber shall be entitled to benefit in respect of an unlimited number of bookings in the subscriber's name.

5.2 The benefits and product providers will be publicised on the programme site and/or the website from time to time. Gotland reserves the right to amend or vary or attach conditions to the benefits, in its sole discretion.

5.3 The onus shall be on the subscriber to ensure that a product provider is, at the time of the subscriber wishing to procure a benefit, a participant in the programme.

6. Requirements to Procure Subscription Benefits

In order to qualify for a benefit from a product provider, the subscriber shall:

6.1 present a valid subscriber card to the product provider at the time of applying for a benefit, provided that:

6.1.1 the subscriber or his family are physically present on presentation of the subscriber card;

and

6.1.2 the subscriber himself or his family provide the product provider suitable identification;

6.2 in the case of booking accommodation through a property owner:

6.2.1 be required to occupy the accommodation for the full duration of the booking;

6.2.2 be required to book the accommodation directly with the property owner.

7. Non-transferable

7.1 The subscriber may not cede, assign or in any way transfer his right, title and interest in and to his subscription or any benefits to another person.

7.2 The subscriber card is not transferable, remains the property of Gotland, and may not be redeemed for cash.

8. Lost Cards

8.1 In the event that the subscriber loses or destroys a subscriber card, the card may be replaced at the sole discretion of Gotland, and upon such charge as Gotland may levy.

8.2 The onus is on the subscriber to notify Gotland in the event of the loss or destruction of a subscriber card.

8.3 The subscriber shall have no claim against Gotland in the event of any delay or refusal to restore a subscriber card to a subscriber.

9. Linked Subscribers

9.1 Save for 3 and 4, the provisions of this agreement shall apply to linked subscribers.

9.2 The subscription fee for a linked subscriber shall be paid to Gotland by the linked programme provider.

9.3 In the event of the linked programme provider not paying the subscription fee, or conducting itself in a manner which would constitute a breach of this agreement by the linked subscriber, Gotland shall be entitled to act in terms of 11.

9.4 Gotland shall be entitled to rely on information regarding a linked subscriber as furnished by the linked programme provider, which it warrants is true and correct.

9.5 A linked subscriber shall be deemed to have read and understood these terms and conditions by virtue of that linked subscriber’s membership of the linked programme provider.

10. Limitation of Liability

10.1 Gotland, WTS and a product provider shall not be liable to any subscriber for loss or damage suffered by any subscriber or any family or guest of a subscriber:

10.1.1 directly or indirectly as a result of subscription to the programme;

10.1.2 in the event of termination or suspension of the programme;

10.1.3 in the event of an inability to provide the benefits, due to circumstances beyond their control;

10.1.4 in the event of any delays in the provision of benefits.

10.2 Gotland and WTS give no warranties or representations in respect of the quality, nature or availability of the products, services or accommodation provided by the product providers, the onus being on the subscriber to ascertain his own needs and requirements in respect of the benefits offered by the programme.

11. Breach

Gotland may terminate a subscription in the event that:

11.1 the subscriber fails to pay the subscription fee timeously;

11.2 the subscriber breaches these terms and conditions and fails to remedy such breach within 7 (seven) days of notice by Gotland to do so.

12. General

12.1 Any indulgence granted by Gotland to any subscriber shall not constitute a waiver of its rights against the subscriber, and Gotland shall not thereby be precluded from exercising its rights against any subscriber concerned, whether having arisen in the past or arising in the future.

12.2 Gotland reserves the right, without prior notice to subscribers, to amend these terms and conditions.

12.3 The subscriber consents to the information provided in the application form or furnished by a linked programme provider, as the case may be, being made available to a product provider for verification purposes, and further hereby authorises Gotland and/or WTS and/or the product provider to communicate with the subscriber by short message service (sms) or e-mail for the purposes of marketing its products or services.