DEFINITION OF TERMS:
The terms used in this contract are thus defined:
Gemstone Guesthouse (Pty) 2019/054368/07, which accommodates guests in return for payment.
“Guest” is an individual person who makes use of the accommodation. The guest is usually the contractual partner. A guest is also any person who stays in the guesthouse together with the contractual partner (e.g. member of the family, friend, colleague, etc.).
“Contractual Partner” is an individual person or legal body from South Africa or a foreign country who/which enters into an accommodation contract as a guest or for a guest.
“Accommodation contract” is the contract made between the guesthouse and the contractual partner, the contents of which are regulated in detail in this document.
“Contracting parties” are the guesthouse (accommodation provider) and the contractual partner (individual guests, tour operators, travel agents, corporate or private travel groups).
Expressions in the singular also denote the plural, and vice versa.
Pronouns of any gender include the corresponding pronouns of the other gender.
This contract shall be interpreted and applied in accordance with South African law.
CONCLUSION OF CONTRACT & DEPOSIT:
The accommodation contract comes into effect upon acceptance of the guesthouse’s written or verbal quotation by the guest, with these terms and conditions serving as a basis for the contract, which is expressly accepted by the guest and/or contractual partner.
The deposit required by the guesthouse must be paid in order to confirm any booking. Any booking not confirmed by payment of a deposit shall not be deemed to be a confirmed booking.
Registered travel agents and corporate are permitted to provide the guesthouse with an order number and/or voucher which guarantees payment of the account.
By entering into an accommodation contract, the contractual partner acquires the right of normal use of the rented rooms, the facilities in the guesthouse which are generally open for normal use by guests. The contractual partner has the right to act within any guesthouse or guest regulations (guesthouse rules and conditions)
ARRIVAL & DEPARTURE:
Booked rooms are made available to the guest on arrival day after 14:00 until 10:00 on the day of departure. Rooms will be assigned to guests by the guesthouse at their discretion, unless the guest request a specific room. Which both the guesthouse and the contractual partner agree upon.
Check in times are strictly between 14:00 and 20:00 on day of arrival.
Unless a later arrival time has been expressly agreed upon between the guesthouse and the guest, the guesthouse has the right to assign booked rooms to other person’s after 20:00, the guest deriving no rights to compensation as a consequence.
It is expressly understood by the guest(s) that the guesthouse is not a hotel and there is no 24-hour reception. As such, if a check in time is agreed, and the guest arrives later than one hour after such agreed check in time, the guest will be liable for a late check in fee, should the guesthouse prefer to apply the rule. Should the guest not confirm a check in time it is expressly agreed that they will arrive before 20:00.
If departure is expected to be after 10:00, the guest must inform the front desk no later than 20:00 on the day before departure.
Prices are determined by the guesthouse and are valid as at the time the services are provided.
In cases where VAT is applicable, it is included in the price. Any increase in VAT rates subsequent to conclusion of the contract is at the expense of the guest.
The guesthouse is not obliged to accept foreign currency. Should any party or employee of the guesthouse accept foreign currency, then the daily exchange rates for the transaction shall be calculated using the guesthouse’s nominated bank as a reference, with a 2% (two percent) handling fee added.
Should the guesthouse accept payment from a foreign bank account through SWIFT transfers, any transaction costs are to be borne by the contractual partner.
TERMS OF PAYMENT:
All guesthouse payments are due in full upon arrival of the guest or upon billing to the travel agent, tour operator or corporate, through which made the booking for the guest.
In all instances, the guesthouse is entitled to demand advance payment of an appropriate amount (deposit) from the guest. If payment fails to be made by the payment deadline, the guest is deemed to be in default, with no collection letter required to this effect. For late payment notices resulting from instances of late payment, a reminder charge may be demanded.
The guesthouse may provide discounted rates for advanced payments, 5 days or more in advance. This only applies to corporations, government organizations and/or departments.
The contractual partner will be liable for all costs, including legal costs on an attorney and own client basis as well as tracing costs and collection commission, incurred by the contractual partner in the enforcement of any of the obligations in terms of these terms and conditions. All payments made will firstly be made towards costs, legal costs, interest and then towards any capital owing.
In the case of force closure and other hindrances for which the guesthouse is not responsible, in particular those outside the guesthouse’s sphere of influence, the guesthouse reserves the right to withdraw from the contract without the guest being entitled to any claim for compensation.
Unless otherwise stipulated, the following cancellation conditions apply for guests:
Up to 30 days prior to check in –free of charge and the deposit will be refunded in full.
Up to 15 days prior to check in –50%of the full accommodation fee will be charged as cancellation
Less than 5 days prior to arrival –100%of the full accommodation fee will be charged as cancellation.
No shows will be charged at 100% of the full accommodation fee.
Early departures (i.e. checking out before the agreed departure date) will be charged at 100% of the full accommodation fee and no refunds will be given.
PROVIDING ALTERNATIVE ACCOMMODATION:
The guesthouse can allocate the contractual partner alternative accommodation (same standard) when it is acceptable within reason to the contractual partner, especially when the divergence/difference is minimal and realistically justifiable.
A realistic justification is given for example when the room(s) has (have) become unusable, when guests already occupying the room(s) decide to extend their stay, when an over-booking occurs or other important company internal reasons which make these measures necessary.
TERMINATION OF THE ACCOMMODATION CONTRACT:
Should the closed accommodation contract determine the duration of stay, then the contract ceases at the end of this duration.
The guesthouse is entitled to end the contract with immediate effect for valid reasons, in particular when the contractual partner or guest:
Uses or handles the accommodation in a seriously detrimental manner; spoils or makes cohabitation impossible for other guests, the owners and/or their staff or any other third parties staying in the guesthouse due to his inconsiderate, objectionable or otherwise grossly unseemly behavior; or when he acts in a criminal manner towards these persons and by doing so threatens their property, morals or personal safety.
Misuse of alcohol in the premises or when any illegal substance is found with the guest or any party accompanying the guest.
Is afflicted with a contagious illness or an illness that lasts longer than the duration of the stay in the guesthouse, or becomes otherwise in need of medical care.
Fails to pay the issued bill when due within a reasonably allocate period. Should the fulfillment of contract be made impossible due to events considered an act of nature beyond control (e.g. natural events/acts of God; strikes; lockouts; official decrees, etc.), the guesthouse is entitled to cancel the contract at any time without adherence to a cancellation period, provided the contract is not already considered terminated by law , or when the guesthouse has already been freed of his obligation to provide accommodation.
The guesthouse, nor any of their directors, officers, employees, representatives, or agents shall not be liable for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by the guest and/or any other person. The guest and/or any other person indemnify the guesthouse and their directors, officers, employees, representatives or agents against any claim by any other person, arising from any cause in connection with the delivery of services, save in the event that such loss or damage arises from gross negligence or willful misconduct on the part of the guesthouse or any of their directors, officers, employees, representatives or agents.
Guests use the guesthouse and recreational facilities at their own risk. The guesthouse is not liable for deficiencies not immediately recognizable when acting with due diligence, or for damages resulting therefrom. In particular, a pursuant reduction in price may not be demanded.
The contractual partner understands and agrees that the guesthouse and any holding or subsidiary company will not accept responsibility for any loss or damage to vehicles parked or property that might be inside such vehicle. Vehicles and property stored entirely at own risk.
For items brought into the guesthouse, the guesthouse is only liable up to the respective legal maximum amount. The safekeeping of valuable items, money and securities may be declined if said items are substantially more valuable than those guests of the guesthouse usually place in safekeeping.
On the day of departure please leave your keys in your room and lock the door when you leave the unit. R250 will be for your account and payable by you if you do not leave the key in your unit or at reception.
No large animals of any kind are allowed in the guesthouse interior or outdoor facilities.
Registered Business Address:
The address where the guesthouse will receive all Notices and other documentation is: 15 Redelinghuys Street, Flamwood, Klerksdorp, 2571.