LEGAL
Contents
"Company" means Elbow Room Lifestyle (Pty) Ltd.
"Client" means any individual, company, partnership, trust, or other legal entity engaging the Company and includes its affiliates, subsidiaries, directors, officers, employees, agents, guests, invitees, and authorised representatives.
"Concierge Services" means personalised assistance, coordination, facilitation, and arrangement of travel, accommodation, dining, events, experiences, and related lifestyle requests.
"Lifestyle Management" means ongoing non-professional support services aimed at managing personal, travel, or lifestyle-related arrangements on behalf of the Client.
"Services" means Concierge Services and Lifestyle Management services provided by the Company.
The Company operates strictly as an independent concierge, agent, and facilitator. The Company does not own, operate, manage, or control any transport providers, accommodation establishments, venues, security services, medical services, or experience providers. No partnership, joint venture, employment, or fiduciary relationship is created between the Company and any third party.
The Services do not constitute legal, financial, medical, tax, immigration, security, insurance, or other professional advice. The Client remains solely responsible for obtaining independent professional advice where required.
Clients may engage the Company under defined membership tiers. Acceptance of any Client is at the sole discretion of the Company. The Company reserves the right to refuse, suspend, or terminate membership without providing reasons.
All signup fees and annual membership fees are payable in advance and are strictly non-refundable. Fees are exclusive of value-added tax (VAT), if applicable, and any VAT shall only be charged where the Company is legally required to do so. Fees are exclusive of third-party costs, taxes, levies, penalties, or supplier charges. The Company may require full prepayment prior to confirming any booking or arrangement.
All prices quoted are indicative and subject to change due to supplier availability, exchange rate fluctuations, regulatory changes, or third‑party pricing adjustments. Prices shall remain subject to variation until written confirmation of the booking or arrangement by the relevant third‑party supplier, after which pricing shall be fixed in accordance with such supplier's terms.
The Client warrants that all instructions provided to the Company are accurate, lawful, and properly authorised. The Client shall provide the name or names of persons or representatives who are duly authorised to issue instructions on behalf of the Client, and the Company shall be entitled to rely on instructions received from such persons.
The Client acknowledges that travel and lifestyle activities involve inherent risks, including but not limited to illness, injury, loss, delays, political instability, supplier failure, and force majeure events. The Client accepts all such risks.
The Client is solely responsible for ensuring compliance with passport validity, visas, vaccinations, health regulations, and entry requirements. The Company bears no responsibility for denied entry, deportation, fines, or compliance failures.
The Client is solely responsible for obtaining and maintaining any and all insurance cover required in relation to the Services, including but not limited to travel, medical, cancellation, evacuation, and personal liability insurance.
All third‑party services are provided subject to the terms and conditions of the relevant suppliers. The Company shall not be liable for the acts, omissions, negligence, insolvency, delays, cancellations, or defaults of any supplier.
Cancellations, amendments, and changes are subject to supplier terms and penalties. The Company does not guarantee refunds and shall not be liable for amounts retained by third parties.
To the maximum extent permitted by law, the Company's total aggregate liability shall be limited to the total membership fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim. Under no circumstances shall the Company be liable for indirect, consequential, special, or economic losses.
The Client indemnifies and holds harmless the Company, its directors, officers, employees, contractors, and agents against all claims, damages, losses, liabilities, and legal costs arising from the Client's use of the Services or reliance on third-party suppliers.
For corporate Clients, the Services are strictly administrative and facilitative in nature. The Company assumes no employer obligations, duty of care, fiduciary responsibility, health and safety liability, or regulatory compliance obligations. Corporate Clients indemnify the Company against all employment-related, tax, regulatory, and third-party claims.
The Company shall treat Client information as confidential, subject to lawful disclosure requirements and operational necessity. The Parties acknowledge that confidentiality obligations may be further regulated by a separate reciprocal Non-Disclosure Agreement (NDA), where applicable.
The Company processes personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA). Clients consent to the lawful processing and storage of personal data for service delivery purposes.
All intellectual property, trademarks, branding, systems, and materials remain the exclusive property of the Company.
The Company may suspend or terminate Services immediately for breach, non-payment, misconduct, or reputational risk. No refunds shall apply upon termination.
The Company shall not be liable for failure or delay caused by events beyond its reasonable control, including acts of God, pandemics, government action, war, or supplier failure.
In accordance with South African contract law, the Parties agree to first attempt to resolve any dispute through mediation prior to arbitration or litigation.
These Terms and Conditions are governed by the laws of the Republic of South Africa. The Company shall be entitled, at its discretion, to institute proceedings against the Client in any Magistrate Court having jurisdiction notwithstanding that such claim may exceed the monetary jurisdiction of such Court.
Notwithstanding the aforementioned, should the Company elect to institute proceedings in the High Court, the Client hereby consents and submits to the jurisdiction of the High Court of South Africa.
In the event of cross-border transactions or where the Client is resident outside South Africa, the Company may in its absolute discretion institute legal action in any competent High Court of South Africa or such other country in which the Client is resident.
The Client shall be liable for all legal costs incurred by the Company arising from a breach of these Terms on an attorney-and-own-client scale, including tracing fees and collection commission, on a full indemnity basis.
If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms and any other official documents of the Company which constitute an offer to contract shall, once accepted, constitute the entire agreement between the Parties in respect of the subject matter hereof and supersede any prior discussions, agreements, or understandings. In the event of any inconsistency between these Terms and any other official Company documents, these Terms shall prevail.
By engaging the Company, paying any fees, or utilising the Services, the Client confirms acceptance of these Terms and Conditions.