Terms and Conditions
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Karoo Gastehuis (“Provider”) website located at the domain name https://karoogastehuis.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider. The user comments may be checked through an automated spam detection service.
E-Commerce & Privacy
The Website sells tourism related products and services online.
The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website. The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device. The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
Online Payment – PayGate’s Payment Gateway
Credit card details are not kept by the Provider under any circumstances.All online credit card payments are processed by the PayGate Internet Payment Gateway. Card Holders may go to https://www.paygate.co.za to view PayGate’s security policies.
Refund and Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs. Refer also to the Bookings sections, clause 5 for cancellation of bookings.
The Provider reserves the right to cancel and refund an order for which payment has already been received. This may occur if services is insufficient or the quality of products and services does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions. Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to email@example.com
Updating of these Terms and Conditions,
The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and 3 international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction 4 to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
All bookings under this agreement shall be subject to the following terms and conditions:
1. Unless stated otherwise in the face hereto, all invoices shall be due and payable upon presentation. Queries in respect of specific invoices shall not affect immediate payment of any other outstanding amounts. Any amounts payable by the Customer to the Guesthouse in terms of this agreement and not paid on due date, shall accrue interest at 2% (two percent) above the prime bank overdraft rate as advised by the Guesthouse’s Bankers.
2. The Guesthouse reserves the right to cancel any booking forthwith and without liability on its part in the event of damage to, or destruction of the allocated causes beyond the control of the Guesthouse which shall prevent it from performing its obligations in connection with any booking.
3. The Guesthouse reserves the right to change Customer’s previously designated room upon having given reasonable notice to do so.
4. The provision of standard operating apparel and / or equipment by the Guesthouse shall be dependent on availability.
5. Should the booking be cancelled in WRITING;
- 5.1 60 days or more prior to the agreed date, 10% administration fee will be charged.
- 5.2 30 to 59 days before the event, a cancellation fee of 25% will be charged
- 5.3 15 to 29 days before the event, a cancellation fee of 50% will be charged
- 5.4 8 to 14 days before the event, a cancellation fee of 57% will be charged
- 5.5 0 to 7 days before the event, a cancellation fee of 100% will be charged
- 5.6 All NO shows and same day cancellations will be charged the full amount due.
6. The Guesthouse reserves the right to require payment of a deposit at any time prior to the date of the booking. The amount of such deposit will be determined by the Guesthouse at its sole discretion. Should the Customer fail to pay such deposit by the date indicated on the face of this agreement, or within 7 days of being requested to do so the Guesthouse shall deem the booking to be cancelled.
7. If any amount owed by the Customer is not paid on due date, then without prejudice to or any other right it may have, the Guesthouse may immediately suspend the carrying out of any of its then uncompleted obligations until the payment is made.
8. The Customer, its employees, guests or invitees enter and / or access and / or use the premises of the Guesthouse at their sole and exclusive risk. Neither the owner of these premises, nor the Guesthouse, its subsidiaries and/or associated companies, their workmen, employees, sub-contractors and / or agents are or may be held liable and / or responsible for any direct, indirect, special, punitive, incidental, exemplary, consequential or any other loss or damages caused through the negligence of the owner, or otherwise arising out of any other cause whatsoever, including but not limited to damages or loss or personal injury or fatal injury caused by fire, theft, floods, force majeure, third party acts, civil unrest and / or insurgence, to the parked vehicles or any content left therein or for any injuries or fatality suffered by any person entering, accessing or using these premises. The person entering, accessing or using these premises, hereby indemnify and hold harmless the owner against all and any claims of whatsoever kind of nature and howsoever arising, which may be made against the owner by any claimant whatsoever in respect of personal injury or fatality or damage to vehicles or property, occurring or arising out of any one or more of the incidents set out above, nothing omitted.
9. The Customer shall be responsible for any damage caused to the allocated rooms, furnishings, utensils and equipment therein, by any act or omission of the Customer, its employees, guests or invitees of the Customer.
10. The Customer shall not be entitled to:
- 10.1 Paint, affix or attach to the bedroom / function / conference room provided, any advertising signs, notices or other matter without prior written consent of the Guesthouse.
- 10.2 Drive into the walls. Floors, partition or doors of the Bedroom / function / conference room any screws or nails in a manner calculated to damage same.
11. All day and evening functions / conferences must terminate by 17h00 and 24h00 respectively unless a later time is specifically agreed in writing with the Guesthouse, at the time the booking is made.
12. No food or beverages may be brought in to the allocated rooms by Customers for consumption on the premises.
13. The customer shall not be entitled to assign or cede the booking to any third party or utilize the Guesthouse’s facilities for any purpose than that stated without the Guesthouse’s written consent which shall not be unreasonably withheld.
14. The Guesthouse may cancel the contract or any uncompleted part of it, or the Customer’s credit facility, if the Customer commits a breach of any of the terms of conditions of this contract; or, is provisionally or finally sequestrated or surrenders or makes application to surrender his estate; or, being a partnership, the partnership terminated; or, being a company or close corporation, is placed under a provisional or final order of liquidation or judicial management; or, has a judgement recorded against it which remains unsatisfied for 7 days; or, compromises or attempts to compromise generally with any of the Customer’s creditors. The Guesthouse’s rights as aforesaid shall not be exhaustive and shall be in addition to its common law rights. Upon the cancellation of the contract or the credit facility granted to the Customer by the Guesthouse for any reason whatsoever all amounts owed by the Customer to the Guesthouse in terms of the contract shall become due and payable forthwith. In such circumstances the Customer herewith cedes, assigns and transfers as security for the payment by the Customer of all amounts due by them to the Guesthouse, all its right, title and interest in and to all claims of whatsoever nature and howsoever arsing which the client may have against its own debtors, without any limitation whatsoever, and the Guesthouse would then be entitled to recover the amount due to it by the Customer directly from such a debtor or debtors.
15. The signature of any employee or agent of the Guesthouse which appears on the Guesthouse’s official invoice will constitute prima facie evidence of the supply of the accommodation and services.
16. The Guesthouse has the right not to accommodate the Customer without an original order / voucher or confirmation letter with clear billing instructions, in the event of a booking made by a third party on behalf of the customer.
17. A certificate signed by the General Manager or Financial Controller of the Guesthouse showing the amount owing by the Customer at any one time and reflecting the amount thereupon as due and unpaid shall be prima facie proof of the effect therein stated for the purpose of any action whether by way of provisional judgement (or otherwise) shall be sufficient proof of the Customer’s indebtedness on insolvency or for any other purpose whatsoever.
18. Any indulgence shown to the Customer shall not constitute a waiver or ovation of the Guesthouse’s rights.
19. All information obtained in any brochure, or catalogue which accompanies or forms part of any tender or advertisement made by the Guesthouse, which shall include prices, is subject to change and the Guesthouse will not be bound to comply exactly therewith. The Guesthouse shall not be liable for any inaccuracies in any brochures or information supplied by it which the Customer fails to verify with the Guesthouse Management in wiring. Where a price increase is necessitated, the Customer will be notified within a reasonable period.
20. Advice, recommendations or opinions by representatives of the Guesthouse are given and expressed in good faith and shall not constitute representations of any description and shall not give rise to any claim against the Guesthouse or any such representatives.
21. The parties choose as their respective domicilia citandi et executandi for the effective service of all notices and legal processes following from this agreement, the trading/residential addresses and fax numbers set out on the face hereto. The parties shall be entitled to change their respective domicilia citandi et executandi from time to time by giving written notice of an alternative address within the Republic of South Africa to the other party to this agreement, which notices shall take effect upon receipt of such notice of change by the addressee. All notices required to be given in terms of this agreement shall be in writing and shall either be delivered by hand to the domicilium as set out therein or be forwarded by pre-paid registered post to the postal address set out therein, in which latter event it shall be deemed to have been received by the addressee on the 7th (seventh) day after posting. Any notice faced to the fax number of a party shall be regarded as properly delivered on the 1st (first) business day following the day on which the fax was successfully transmitted, provided that it has been confirmed by registered letter posted no later than the business day immediately following the date of transmission.
22. This agreement constitutes the whole agreement between the parties and no warranties or representations, whether express or implied not stated herein shall be binding on the parties. No agreement at variance with the terms and conditions herein shall be binding on the parties unless reduced to writing and signed by or on behalf of the parties by duly authorized persons.
23. This agreement shall be governed by the Laws of the Republic of South Africa. In the event of the Guesthouse having to institute legal proceedings against the Customer in terms of this Agreement, the Customer agrees to pay the Guesthouse all costs incurred in respect of such action on a scale as between attorney and own client including collection commission.
24. These terms and conditions apply mutatis mutandis not only to any future contract(s) between the Guesthouse and the Customer for accommodation and services, but also to the agreement between the Guesthouse and the Customer in terms of which a credit facility is granted to the Customer by the Guesthouse.