In these terms and conditions, the “CHECKT’IN Explored & Approved Rating Programme” (Programme) means a programme operated by CHECKT’IN Explored & Approved Hospitality (Pty) Ltd. The “Applicant” means the person or body (incorporated or non-incorporated) who or which applies to have an establishment and/or activity endorsed by the CHECKT’IN under its Programme and the “Establishment” means the hotel, guest house, bed and breakfast, inn or any other hospitality business in relation to which an application for Endorsement has been made.
1. Once it has received the Applicant’s completed application form and the appropriate non-refundable fee, CHECKT’IN will arrange for an assessment of the Establishment and for the Establishment’s application for Endorsement to be considered by the appropriate Endorsement Committee (the “Committee”).
2. The Committee will consider the content of the relevant inspection report but any decision as to the Establishment’s Endorsement, including any continuing endorsement, is entirely at the discretion of the Committee. The Endorsement criteria may vary from time to time and are only indicative of the matters the Committee will consider and in no way restrict the Committee’s discretion with respect to Endorsement.
3. If the Committee endorses an Establishment and the appropriate annual Quality Assurance fee, as notified to the Establishment from time to time, has been or is paid to CHECKT’IN, then throughout the currency of the Establishment’s Endorsement, the Applicant shall be entitled:
a) to order and display appropriate Endorsement signage at the Establishment site, subject to payment of the relevant rental if it applies. This sign (or signs) may only be obtained from CHECKT’IN.
b) to display an accurate reproduction of the appropriate CHECKT’OUT by CHECKT’IN Endorsement status on the Establishment’s letterheads, brochures, website and appropriate promotional material in a manner which correctly indicates the Establishment’s Endorsement status.
4. The Applicant shall ensure that it complies with all rules and regulations in connection with any promotion of its CHECKT’IN Endorsement. If there is any change in the nature or level of an Establishment’s status the Applicant shall, without delay, ensure that this is accurately reflected in any materials it produces or exhibits (including any CHECKT’IN signage) in relation to such CHECKT’IN status.
5. The Applicant acknowledges that the Endorsement logos of the Programme are the exclusive property of CHECKT’IN Explored & Approved Hospitality and that it obtains no rights to or in the said CHECKT’IN logos other than such rights as are set out in these terms and conditions. Accordingly, the applicant shall not in any way represent that it has any title or right in and to any trademark owned by CHECKT’IN.
6. The Applicant warrants that any information provided, directly or indirectly, by it to CHECKT’IN, in relation to or in connection with the Establishment is accurate and that it will notify CHECKT’IN promptly of any changes to such information.
7. The Applicant grants to CHECKT’IN, an irrevocable licence to include details, information and any photographs provided by it in relation to the Establishment in any domestic or international publication (including that in digital and electronic format, in existence or created in the future) in which CHECKT’IN considers it appropriate to include same from time to time and/or distribute internationally. Applicant agrees that CHECKT’IN shall not be responsible for any errors or omissions in the entries utilised in such publications or other distribution methods and that CHECKT’IN shall not be liable for any loss, damage, cost or expense thereby incurred. CHECKT’IN shall not, in any event, be liable for any indirect or consequential loss (including, without limit to the generality, loss of profit) resulting from or in connection with the subject matter of its agreement with the Applicant howsoever caused (whether by negligence, breach of contract or otherwise).
8. Throughout the currency of the Endorsement of the Establishment the Applicant shall:
a) immediately advise CHECKT’IN of any change of ownership or control of the Establishment, whether this be of the immediate owner or of a parent organisation.
b) supply information relating to the Establishment to CHECKT’IN upon request or as otherwise required by these terms and conditions.
c) investigate promptly any complaint or dispute received by CHECKT’IN, regarding the Establishment and to co-operate fully in the resolution of such complaint or dispute.
d) allow and facilitate access to assessors accredited by CHECKT’IN Explored & Approved Hospitality to the Establishment for the purposes of any inspection CHECKT’IN wishes to carry out in connection with any Endorsement (existing or prospective).
e) pay to CHECKT’IN on receipt of an invoice, any fee that may be required in connection with the acquisition of the Endorsement signage.
f) not do anything which may bring the CHECKT’IN Explored & Approved Hospitality (Pty) Ltd trademark into disrepute or which may adversely affect CHECKT’IN’s good will in and to its trade mark.
9. The Applicant warrants that it is fully entitled and authorised to enter into an Endorsement agreement with CHECKT’IN in accordance with these terms and conditions. The Applicant indemnifies CHECKT’IN against all losses, costs, expenses, damages or claims resulting from the Applicant’s breach of these terms and conditions.
10. Accommodation Establishment and Activity/Adventure Endorsements are on an annual basis. Restaurant Endorsements are on a bi-annual basis and unless notified in writing by either party to the contrary prior to the end of an annual period, shall automatically continue a month to month basis unless cancelled or renewed. The CHECKT’IN Endorsement shall be renewed on receipt of payment of the appropriate Endorsement fee. At all times CHECKT’IN reserves the right to make further inspections of the Establishment/Activity and if following such inspection, the Committee alters or withdraws the Endorsement, the Applicant shall observe and shall be bound by such a decision and the provisions of Clause 12 shall apply in if the Endorsement is altered.
11. The Establishment’s CHECKT’IN Endorsement will immediately terminate upon the occurrence of any of the following events:
a) where no further Endorsement fee has been received by CHECKT’IN within a period of 28 days of the relevant renewal date.
b) notification by CHECKT’IN that the Committee has withdrawn the Establishment’s Endorsement, which it is able to do at its sole and absolute discretion.
c) any change in ownership or control of the Establishment, whether this be in relation to the immediate owner or any parent organisation. On termination of the Establishment’s CHECKT’IN Hospitality Business Endorsement, howsoever caused, the Applicant shall immediately:
a) unless otherwise notified by the CHECKT’IN, at his own expense remove all CHECKT’IN endorsement signage from the establishment site and return them at their own expense.
b) make no further use of and withdraw from circulation any documents or other material (including, but not limited to, headed writing paper and promotional brochures, websites) showing the CHECKT’IN logo or otherwise indicating a CHECKT’IN endorsement.
12. If, after 28 days following termination of the CHECKT’IN Endorsement, the Applicant has not returned any CHECKT’IN Endorsement signage to CHECKT’IN then without prejudice to any other remedy the Applicant shall allow a representative of CHECKT’IN such access as they require to the Establishment site to remove all.
13. These terms and conditions constitute the entire contract between the parties and supersede and replace all prior arrangements between CHECKT’IN and the Establishment relating to the CHECKT’IN Endorsement of the Establishment. No amendment to these terms and conditions shall be effective unless agreed in advance in writing by CHECKT’IN Explored & Approved Hospitality (Pty) Ltd
14. These terms and conditions are to be interpreted in accordance with South African law and subject to the jurisdiction of the South African courts. CHECKT’IN may assign its rights and obligations hereunder without consent of the applicant. The Applicant may not assign its rights and obligations to any party without the consent of CHECKT’IN which consent may not be unreasonably withheld.