Amanzingwe Lodge - Terms & Conditions
When you use the Amanzingwe Lodge - Hartbeespoort Dam website to request quotes or reserve accommodation or in any way utilise any other services offered via the Amanzingwe Lodge - Hartbeespoort Dam website, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms do not continue to use the Amanzingwe Lodge - Hartbeespoort Dam website.
No sales representative, affiliate, dealer, agent, officer or employee of Amanzingwe Lodge - Hartbeespoort Dam has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.
Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa
Business Hours means the hours between 08h00 and 17h00 on a Business Day;
ECT Act means the Electronic Communications and Transactions Act, 2002
Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;
Conclusion of Agreement and ECT Act
You warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement is signed by a person acting in a representative capacity on behalf of you, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to Amanzingwe Lodge - Hartbeespoort Dam at any time will be true, accurate and complete. Amanzingwe Lodge - Hartbeespoort Dam reserves the right to treat all misrepresentations by you as a fraud and you indemnify Amanzingwe Lodge - Hartbeespoort Dam against any loss or damage that Amanzingwe Lodge - Hartbeespoort Dam may sustain resulting from such misrepresentation.
The provisions of the ECT Act, apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper based transactions, e.g. where you apply for a service or product by completing an agreement in writing.
You acknowledge that Amanzingwe Lodge - Hartbeespoort Dam will provide you with an opportunity in respect of all electronic transactions to:
* review the entire electronic transaction;
* correct any mistakes; and
* withdraw from the transaction, before finally placing the order.
Amanzingwe Lodge - Hartbeespoort Dam is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandii and certain other information available to you when you enter into electronic transactions with Amanzingwe Lodge - Hartbeespoort Dam. This information is available under “Company information” on our Website. [NOTE: this needs to be changed to reflect correct location].
Cancellations as per the Consumer Act South Africa – 01 April 2011
* Where cancellation occurs:
o On arrival or during the stay - the full payment due for the entire booking may be retained.
o 0 - 14 days before arrival, no show - the full deposit paid may be retained.
o 15 - 28 days before arrival - 75% (seventy five percent) of deposit , or 25% (twenty five percent) of full quote value may be retained (whichever is the greater).
o 28 days or more before arrival - 50% (fifty percent) of deposit, or 25% (twenty five percent) of full quote value may be retained (whichever is the greater).
On receipt of a written instruction from you to cancel the reservation, Amanzingwe Lodge - Hartbeespoort Dam will refund whatever amount is due within 3 (three) working days of having received the refund from the establishment in question. Whilst Amanzingwe Lodge - Hartbeespoort Dam undertakes to get the refund to you as soon as possible, due to the fact that we are merely facilitating the flow of funds from the establishment back to you we do not have control over the entire refund process and are reliant on the establishment.
Refund payments are subject to a 17.5 % (VAT inclusive) (seventeen, five percent) handling fee on the refunded amount unless a refund is necessitated as a result of the fault of the establishment or of Amanzingwe Lodge - Hartbeespoort Dam. Determination as to who is at fault is solely in Amanzingwe Lodge - Hartbeespoort Dam’s reasonably exercised discretion.
Cancelations will only be granted if proof of the following situations arise:
It is important to us that your accommodation experience meets your expectations.
Please ensure that you take up any issues that you experience directly with the establishment during your stay, in order to give them an opportunity to rectify the situation.
We’ll treat it seriously but cannot be held responsible for any loss you or any third party may suffer as a result of any accommodation failing to meet the advertised standards.
Every effort is made to ensure accuracy - establishments legally commit to supplying correct information and previous customers" criticisms may be publicly published on Amanzingwe Lodge - Hartbeespoort Dam. The truth does tend to prevail!
Disclaimer and Limitation of Liability
To the extent permitted by applicable law, Amanzingwe Lodge - Hartbeespoort Dam shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that Amanzingwe Lodge - Hartbeespoort Dam is liable to you for any damages, Amanzingwe Lodge - Hartbeespoort Dam’s liability to you for any damages howsoever arising shall be limited to the of R1000.00 (one thousand rand) only.
Amendments: Amanzingwe Lodge - Hartbeespoort Dam reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made
Intellectual Property: Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.
Whole Agreement: This agreement constitutes the sole record of the agreement between the parties with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
Non-Variation: No addition to, variation of, or agreed cancellation of, this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
Waiver: No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
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