Lekker Holidays

Terms And Conditions

These Website Terms and Conditions ("Terms") govern your use of this website ("Site") and services provided by Lekker Holidays ("we", "us", or "our"). By accessing or using this Site, you agree to be bound by these Terms. If you do not agree with these Terms, you should immediately stop using the Site.

  1. Purpose of the Website
    1. This website serves as a platform designed to bring sellers and purchasers together for the sale and purchase of timeshare interests. It also features an electronic contracting module, enabling parties to facilitate and complete transactions electronically. The use of this module and any resulting agreements are further governed by the terms and conditions that will be agreed upon by the parties involved at the time of the transaction.
  2. Definitions
    1. "Agreement" means these Website Terms and Conditions, as amended from time to time.
    2. "User" or "You" means any person who accesses the Site or uses any service provided on or through the Site.
    3. "Content" includes all materials, information, text, images, graphics, software, and other content available on the Site.
    4. "Services" means any services provided by us through the Site.
  3. Use of the Website
    1. The website is available only to individuals and entities that have the legal capacity to form binding contracts under South African law. You must be at least 18 (eighteen) years of age to access and use the website’s features. If you are under 18, you may not use the Site.
    2. You agree not to use the Site to transmit any unlawful, harmful, or offensive content, including but not limited to content that violates any intellectual property rights, is defamatory, or infringes upon privacy rights.
    3. This website may contain links to third-party websites for your convenience. The inclusion of such links does not imply endorsement, approval, or association with the linked sites. We make no representations regarding the accuracy, integrity, or content of these external sites, nor the quality or acceptability of any products or services offered. Any use or reliance on external links is at your own risk. When visiting these external sites, you are advised to review their respective terms and conditions.
    4. You may not create hyperlinks to this website without the prior written consent of Lekker Holidays.
    5. You are advised to research and assess any potential risks associated with accessing or using software or information from third-party websites. Lekker Holidays will not be held liable for any claims, loss, or damage resulting from your use of, or reliance on, information obtained from or through external links.
  4. Intellectual Property
    1. All Content on this Site, including but not limited to text, images, logos, graphics, and software, is protected by consent use, copyright, trademark, and other intellectual property laws. You may not use any Content for commercial purposes without prior written consent from us.
    2. You may not modify, copy, distribute, or otherwise exploit the Content unless expressly permitted by us.
  5. Account Registration
    1. To access certain features of the Site, you may be required to register an account. You agree to provide accurate and complete information during registration and to update your information as necessary.
    2. You may only register an account on your own behalf. You are not permitted to create an account for another person or entity without their express written consent you. Additionally, you may not represent yourself as a seller or purchaser, nor may you engage in transactions on their behalf or in their name, unless you have a written resolution, power of attorney, or other valid legal instrument authorising you to do so.
    3. You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account. You are solely responsible for all transactions conducted under your username and password, regardless of whether such transactions were initiated or authorised by you.
  6. Electronic Communications and Transactions
    1. By using the Site, you consent to receiving electronic communications from us, including but not limited to email, SMS, or other notifications. These communications may include important notices, offers, and updates.
    2. In accordance with the Electronic Communications and Transactions Act (ECTA), you acknowledge that electronic contracts entered into on the Site are valid and binding. You agree to be bound by any electronic agreement you enter into while using the Site.
    3. You may electronically accept or reject any offers, contracts, or agreements made on the Site, subject to applicable terms and conditions.
  7. Privacy and Data Protection
    1. We are committed to protecting your privacy in accordance with the Protection of Personal Information Act (POPIA). Your personal information will only be used in accordance with our Privacy Policy.
    2. By using the Site, you consent to our collection, use, and processing of your personal information as described in our Privacy Policy that can be found at https://lekkerholidays.co.za/Home/PrivacyPolicy.
    3. We will take all reasonable measures to safeguard your personal information but cannot guarantee the security of information transmitted over the internet.
    4. Card transactions will be acquired for First National Bank via Payfast by Network who are the approved payment gateway for all South African acquiring banks. Payfast by Network uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.payfast.io to view their security certificate and security policy.
    5. Customer details will be stored by Lekker Holidays separately from card details which are entered by the client on Payfast by Network’s secure site. For more details on Payfast by Network refer to https://payfast.io/.
  8. Pricing and Payment
    1. All prices displayed on the Site are in South African Rand (ZAR) and exclude of Value Added Tax, unless stated otherwise.
    2. Payment may be made via Visa or MasterCard or by way of bank transfer into the bank account of Lekker Holidays, the details of which will be provided on request.
    3. You agree to pay all fees associated with using the Site or purchasing our Services. Payments will be processed through a secure third-party payment gateway. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa and the transaction currency is South African Rand (ZAR).
    4. Time-sharing listings for sale will be subject to a listing fee. A fee may be applied to promote listings, at Your election.
    5. The first service you can purchase through our site is the listing of your timeshare module. Once you have provided us with the necessary information via our site, we will verify that you are the owner, whereafter we will publish your listing on our site. We will endeavour to do this within 5 (five) business days from receiving your payment, subject to ownership confirmation from the managing agent of your timeshare module within this time. If confirmation is not received, we will keep you updated. Should you decide to withdraw your listing during this time, an administration fee of 30% of the listing fee will apply. Any request to promote an ad will be actioned immediately after ownership is confirmed. Promotions cannot be cancelled after publication.
    6. You understand and agree that any sale on the Lekker Holidays site shall be subject to commission. We will add the commission portion to your listing price. Commission will be determined by the following sliding scale:
      Sale price Commission %
      1 - 60 000 15
      60 001 - 150 000 13
      150 001 - 300 000 12
      300 001 - 500 000 10

    7. You further agree that all payments made in the fulfilment of a purchase agreement shall be made directly into the trust account of Lekker Holidays. All interest accrued in this trust account shall be for the benefit of the Property Practitioners Fidelity Fund, unless otherwise agreed to in writing.
    8. The payout to the seller will be affected on transfer.
    9. If the parties mutually agree to cancel the agreement after the agreement has been accepted by both the seller and the purchaser, then the commission shall still be claimable from both parties, jointly and severally. The parties agree and instruct Lekker Holidays to deduct the commission from any amount held in trust prior to any refund following the cancellation of a transaction.
    10. Where a transfer is taking place, the seller hereby authorises and instruct Lekker Holidays to deduct and pay any commission and applicable transfer fees due from the sale proceeds, as a first charge from the funds in trust, before the balance is paid out.
  9. Promotions and Discounts
    1. From time to time, we may offer promotions or discounts on the Site. These offers will be subject to their specific terms and conditions, and availability may vary.
  10. Conclusion of Transaction and Cooling-Off Period and Refund
    1. You may cancel your listing by providing written notice before its publication on our website. Any listing fees paid will be refunded within seven (7) business days.
    2. In accordance with the provisions of the Alienation of Land Act, 1981 (Act No. 68 of 1981), the purchaser shall have the right to cancel the sale agreement within 5 (five) business days after signing the agreement, by providing written notice of cancellation to Lekker Holidays. This right to cancel is referred to as the “cooling-off period”.
    3. The cooling-off period applies only to the purchaser, and no such right is granted to the seller.
    4. If the purchaser exercises their right to cancel the agreement within the cooling-off period, the purchaser will be entitled to a full refund of any amounts paid, without penalty.
    5. The cancellation of the agreement in terms of the cooling-off period will not affect any other rights or obligations accrued by the parties up until the point of cancellation.
    6. You further acknowledge that, save for the terms and conditions listed herein, Lekker Holidays shall only be the agent in any of the purchase agreements conducted on the website. Lekker Holidays does not represent itself as a buyer or seller in these transactions and is not a party to the sale beyond its role as intermediary.
  11. Limitation of Liability
    1. To the extent permitted by law, we will not be liable for any loss or damage arising out of the use or inability to use the Site, including but not limited to direct, indirect, incidental, or consequential damages.
    2. Subject to 11.1, Lekker Holidays takes responsibility for aspects relating to the transaction that is under its control, i.e the services offered on the site, customer services and support and dispute resolution.
    3. We make no representations or warranties regarding the accuracy, completeness, or reliability of any information on the Site.
  12. Termination and Suspension
    1. We reserve the right to suspend or terminate your access to the Site at any time, without notice, for any reason, including breach of these Terms.
    2. You may terminate your account by providing written notice to us. Upon termination, you will no longer have access to the services provided through the Site.
  13. Indemnity
    1. You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses arising out of your use of the Site, including but not limited to any violation of these Terms or infringement of third-party rights.
  14. Jurisdiction and Dispute Resolution
    1. Lekker Holidays chooses its domicilium citandi et excecutandi for all purposes under this agreement, whether in respect of court process, notice or other documents or communication of whatsoever reason as: [email protected] and Unit 11 Lombardy Business Park, Cole Road, Shere
    2. Any disputes, claims, or disagreements arising out of or in connection with these Terms and Conditions, including any matter relating to the interpretation, validity, or performance of this agreement, will be governed by and construed in accordance with the laws of South Africa. The parties agree that any such dispute will be resolved through alternative dispute resolution mechanisms, either through mediation or arbitration, as mutually agreed upon by the parties involved. If the parties are unable to reach a resolution through these methods, the dispute may be brought before a court of competent jurisdiction in South Africa.
    3. The arbitration or mediation process will take place in South Africa, and the language of proceedings will be English. Both parties agree to share the costs of dispute resolution unless otherwise agreed.
  15. General Provisions
    1. These Terms constitute the entire agreement between you and us and supersede any prior agreements or understandings, whether written or oral.
    2. If any provision of these Terms is found to be invalid or unenforceable, the remainder of the Terms will remain in full force and effect.
    3. We may amend these Terms from time to time. The revised Terms will be posted on the Site, and your continued use of the Site will constitute your acceptance of the updated Terms.
  16. Contact Information

    For any queries regarding these Terms and Conditions, please contact us at:

    Lekker Holidays (Pty) Ltd

    [email protected]

    Telephone number: 0129418497