1. Contracting Party
The customer is a traveller/s, booking contracting in his/her/its personal capacity, with Grand Hotel (as defined in Clause 1.2).
Grand Hotel Robertson cc (hereafter referred to as Grand Hotel) is a closed corporation duly incorporated in accordance with the Company Laws of South Africa, Registration Number 1988/024343/23..
Grand Hotel possesses all licenses and permits necessary to conduct business.
The customer chooses as its/his/her domicile et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, arising from any transaction or claim, which is governed by these terms and conditions, the physical address or email address as set out in the Guest registration or email communication. Any notice given by any party to any other, which is transmitted by email copy to the addressee at the addressee's email address for the time shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the date of successful transmission thereof.
2. Exclusion of Liability, Suppliers Terms & Risk
Grand Hotel acts as a service provider for accommodations and dining arrangements.
While Grand Hotel makes every effort to provide the accommodation and dining products featured in this web site; and
Grand Hotel accepts no liability for:
changes, omissions or delays occasioned by technical difficulties, weather conditions, communication breakdowns or events beyond the control of Grand Hotel;
any cancellation as a result of the customer's personal circumstances, e.g. death or illness.
All expenses occasioned by the Changed Circumstances Event/s, including but not limited to unscheduled extensions or curtailment of accommodation, changes to scheduled flights, additional airfares, telephone and meal costs, etc. will be for the customer's account.
If in the opinion of Grand Hotel the fulfilment of the contracted accommodation or dining occasion is considered impossible, illegal or inadvisable because of weather conditions, unrest, strikes, war and/or any other adverse factors beyond Grand Hotel's control, Grand Hotel may at any time cancel the arranged occasion.
Grand Hotel will not be responsible for any charges that appear on a traveler's credit card not levied/effected directly by Grand Hotel, nor accept responsibility for having any of these charges reversed or corrected upon the traveler's return to his/her country of departure/final destination.
Where the person books on behalf of another person who are members of the first person's group, including but not limited to family members or minor children, the person in question, in booking, indemnifies and holds Grand Hotel harmless against all claims for damages, loss, injury or expense, which any such person of the group may claim against Grand Hotel in the event that such claim is excluded under the terms and conditions set out herein. This indemnity shall be binding on the estate of the first person who so indemnifies Grand Hotel.
3. Quoted Prices & Price Variations
Prices quoted in the most current release of Grand Hotel price schedule.
Grand Hotel reserves the right to adjust prices, on expiry of any period of validity of a price schedule/quote issued by Grand Hotel, by way of a revised price schedule/quote,
Terms and conditions, including any exclusion of bookings, or discounts applicable to minor children, are as set out in the specific price schedule, or quote.
In the event of any conflict between these terms and conditions and the brochure terms and/or Grand Hotel booking confirmation, the provisions of the web site terms and/or Grand Hotel booking confirmation shall prevail.
Grand Hotel does not accept any legal or contractual obligations in relation to conditional booking requests.
Once the customer makes an unconditional booking request, whether telephonically or by facsimile or email or on any web enabled booking system to Grand Hotel, Grand Hotel shall forward a written confirmation of booking by facsimile or email.
On transmission of Grand Hotel confirmation of booking:
a binding contract between the customer shall result on the terms and conditions set out herein, read together with the relevant pricing schedule and/or quote and/or web site itinerary and/or Grand Hotel confirmation of the booking; and
the customer shall be liable to pay the Grand Hotel a deposit on confirmation of booking (alternatively, the price schedule/quote applicable to such reservation).
5. Payment and Penalty Fees
Payment shall be due and payable by the customer on or before the time periods set out in the specific Grand Hotel booking confirmation.
Unless the booking confirmation specifies otherwise, the customer shall be liable to effect payment to Grand Hotel of:
a deposit of 50% of the total price.
the balance owing of the total price of the booking on arrival , and on presentation of Grand Hotel' invoice in respect thereof.
In the event of any reservation within 14 (fourteen) days prior to arrival, the total price shall be immediately due and payable on confirmation and is non-refundable.
In relation to all time periods stipulated for payment in the specific Grand Hotel booking confirmation, time shall be of the essence and Grand Hotel shall be entitled to cancel any reservation where payment (including deposits) has not been made by due date.
Where a deposit has been paid and the reservation is subsequently cancelled by Grand Hotel, for failure to pay the balance outstanding, the deposit paid will be forfeited to Grand Hotel.
Grand Hotel will accept payment in cash (South African Rand) only. Payment by EFT will constitute a cash payment. Acceptance of cheque or Credit Card payments are in the Grand Hotel sole discretion and may be declined without explanation.
Grand Hotel reserves the right to charge a booking fee and/or a handling fee which will be included in the total price.
6. Cancellation & Amended Booking Fees
In the event of the customers cancelling their reservation for any reason, such cancellation must be made in writing (or if made telepathically, confirmed forthwith in writing), in which event the customer shall be liable for:
Grand Hotel cancellation charges are as follows:
More than 60 days before arrival - 25% of quoted price.
Between 31 and 59 days before departure - 50% of quoted price.
Thirty (30) days or less before departure - 100% of quoted price.
Any further special cancellation charges that, e.g. may apply for peak periods, as is set out in Grand Hotel quotation or booking confirmation (which shall take precedence and substitute the cancellation charges due in terms of Clause 6.1.1);
All cancellation charges of the supplier/s of the products and services, to which the booking relates, save that the liability of the customer shall be in respect of the greater of either the cancellation charges in respect of this Clause 6.1.3, or the cancellation charges due in terms of Clause 6.1.1 or 6.1.2 (as the case may be).
Amendments and all cancellations en route must be made with Grand Hotel directly. The customer shall be liable for all costs (including repatriation and the administrative fees of Grand Hotel incurred as a result of any en route cancellations, by the customer including but not limited to cancellation because of ill health or injury.
Grand Hotel have the right to charge for amendments to reservations at a change fee of:
Amendments received 30 (thirty) days or more prior to departure: R 100 (excl. VAT) for each alteration made to the booking after the initial reservation plus Grand Hotel and/or suppliers published administration charges (from time to time), will be levied on all documentation or vouchers submitted for re-issue or refund.
Amendments received within 30 (thirty) days prior to arrival: The applicable cancellation charge, as set out in Clause 6.1.1 or 6.1.2 (as the case may be), will be levied as the change fee.
No refunds will be made for no-shows, or any unused services irrespective of whether they form part of the basic inclusive price, or whether they are in respect of pre-booked or optional arrangements.
Unless specifically stated otherwise in the brochure itinerary, pricing schedule or quote, all accommodation is based on per person bookings only.
Restrictions on the number of adults and/or children per room, are as stated in the specific quotation or supplier's terms and conditions, which restrictions are available on request.
Specific room/bed requests are subject to availability and additional costs at the
time of enquiry.
8. Special Requests
Special requests must be made at the time of booking. Grand Hotel will endeavour to comply with the special requests, which will be for the cost of the traveller, but cannot guarantee that such requests will be met.
9 Check-in , check-out
Accommodation check-in is usually between 14:00 and 19:00, any expected arrival outside these hours must be previously arranged. It is expressly the responsibility of the guest to ensure adherence to this clause.
Check-out times for guests is strictly between 8:00 and 10:00, any expected departure
outside these hours must be previously arranged.
All matters arising from or in connection with these terms and conditions and any contract concluded by the customer with the Business/es, their validity, existence and termination shall be determined in accordance with the laws of the Republic of South Africa.
Should any dispute of any nature whatever arise from or in connection with these terms and conditions and any contract concluded by the customer with Grand Hotel, then at the election of any party, such dispute shall be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator or arbitrators appointed by AFSA. The customer by its/his/her signature hereto expressly consent to any arbitration in terms of the aforesaid rules being conducted as a matter of urgency and irrevocably authorises Grand Hotel to apply, on behalf of all parties to such dispute, in writing, to the secretariat of AFSA in terms of Article 9(1) of the aforesaid rules for any such arbitration to be conducted on an urgent basis.
Either party may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration.
Nothing herein contained shall be deemed to prevent or prohibit either party from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.
Any arbitration in terms of this Paragraph 13 shall be conducted in camera and the parties shall treat as confidential and not disclose to any third party details of the dispute submitted to arbitration, the conduct of the arbitration proceedings or the outcome of the arbitration, without the written consent of the other party.
The provisions of this Paragraph 9 will continue to be binding on the parties notwithstanding
any termination or cancellation of any contract concluded by the customer with the
11. General Terms
Grand Hotel shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to by it in writing. No representation, term, warranty or condition express or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.
No indulgence, which Grand Hotel may grant to any party, shall constitute a waiver of any of the rights of Grand Hotel who shall not thereby be precluded from exercising any rights against the customer which may have arisen in the past or which might arise in the future.
Each term or condition of these terms and conditions shall be separate and separately enforceable from the other terms and conditions herein, and shall in no way be limited or restricted by reference to or inference from any other terms or conditions. If any term or condition herein, shall be found to be illegal or unenforceable then the remaining terms and conditions hereof shall be and remain binding.