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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 Hotel 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 Hotel's Bankers. Payment by cheque must
be made by prior arrangement or must be a bank guaranteed cheque. All payments by credit or debit card shall be levied with an additional 5% (five percent).
2.
The Hotel 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 Hotel which
shall prevent it from performing its obligations in connection with any booking.
3.
The Hotel reserves the right to change the
name and location of the Customer's previously designated function/conference room upon having given reasonable notice to do so.
4.
The provision of standard operating apparel
and / or equipment for e.g. linen used by the Hotel shall be dependent on availability.
5.
Should the booking be cancelled in WRITING:
5.1
60 days or more prior to the agreed date, no cancellation fee will be charged.
5.2
A cancellation fee of 25% will be charged for cancellation 30 to 59 days before the event.
5.3
A cancellation fee of 50% will be charged for cancellations 15 to 29 days before the event.
5.4
A cancellation fee of 57% will be charged for cancellations 8 to 14 days before the event.
5.5
A cancellation fee of 100% will be charged for cancellations 0 to 7 days before the event.
5.6
All NO shows and same day cancellations will be charged the full amount due.
5.7
or, reduced in WRITING, by more than:
5.7.1 50% between 89-60 days prior to the agreed date, 50% of the anticipated revenue will be charged.
5.7.2 25% between 59-30 days prior to the agreed date, 75% of the anticipated revenue will be charged.
5.7.3 5% between 29-4 days prior to the agreed date, 95% of the anticipated revenue will be charged. Any reductions 3 days prior to the event
will be charged in full.
6.
The Hotel 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 Hotel 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 Hotel 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 Hotel 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 Hotel at their sole and exclusive risk. Neither the owner of these premises, nor the Hotel, 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 Hotel.
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 Hotel, 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 Hotel's facilities for any purpose than that stated without the Hotel's written consent which shall not be
unreasonably withheld.
14.
The Hotel 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 Hotel'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 Hotel for any reason whatsoever all amounts owed by the Customer to the Hotel 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 Hotel, 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 Hotel 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 Hotel which appears on the Hotel's official invoice will constitute prima facie evidence of the supply of the accommodation and services.
16.
The Hotel 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 Hotel 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 Hotel's rights.
19.
All information obtained in any brochure, or
catalogue which accompanies or forms part of any tender or advertisement made by the Hotel, which shall include prices, is subject to change and the Hotel will
not be bound to comply exactly therewith. The Hotel shall not be liable for any inaccuracies in any brochures or information supplied by it which the Customer
fails to verify with the Hotel 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 Hotel 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 Hotel 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 Hotel having to institute legal proceedings against the Customer in terms of this Agreement, the Customer
agrees to pay the Hotel 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 Hotel and the Customer for accommodation
and services, but also to the agreement between the Hotel and the Customer in terms of which a credit facility is granted to the Customer by the Hotel.
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