Business Terms and Conditions

General

In these terms and conditions, the expression ’Guesthouse’ means the Crayfish Lodge Sea & Country Guesthouse, ’Guest’ means the person/s, firm or company making a booking and/or staying at the Guesthouse. In the event that any party is a Corporate Body, Company, Close Corporation or Trust the signatory on behalf of the party warrants and represents that he/she has been duly authorized to act on behalf of the party and to enter into this Agreement. ’Management’ means the proprietors of the Guesthouse or their representatives.

South African law shall govern the validity, construction and performance of these terms and conditions and the Guest will submit to the exclusive jurisdiction of the magistrate’s court of South Africa in respect of all legal proceedings connected with this agreement notwithstanding that the value of the matter in dispute might exceed the jurisdiction of the magistrate’s court.

These Terms and Conditions of Business apply to contracts for the letting of hotel rooms for accommodation and all further supplies and services provided for the Guest by the Guesthouse. The Guesthouse is obliged to hold the rooms booked by the Guest available and to provide the services agreed.

The Guest is obliged to pay the Guesthouse prices applicable or agreed on for letting the rooms and any further services used by him. This also applies to services and expenses paid by the Guesthouse to third parties which were arranged by or for the Guest.

The Guesthouse and the Guest are the parties to the contract. If a third party ordered the room(s) on behalf of the Guest, this party and the Guest shall be jointly and severally liable to the hotel for all obligations arising under the Guesthouse accommodation contract.

All contractual claims against the Guesthouse become time-barred one year after commencement of the statutory limitation period with the exception of claims based on intentional acts. Claims for damages become time-barred after five years irrespective of knowledge thereof.

Upon conclusion of contract at the latest, the Guest must inform the Management, without being requested to do so, whether his use of Guesthouse services is suitable for jeopardising the smooth business operations, the safety or the reputation of the Guesthouse. In such cases the Management reserves the right to cancel the respective reservation without liability.

The place of performance and payment is the seat of the Guesthouse for the obligations of both parties.

The courts at the seat of the hotel have exclusive jurisdiction also over cheque and bill disputes in commercial trade. The application of the UN Sales Convention and conflict of laws provisions is excluded.

The Guesthouse reserves the right to amend these terms and conditions as appropriate, without detriment to guests’ statutory rights.

Confirmation of a booking by the Guest is deemed acceptance of these terms and conditions.

Should any clarifications be required prior to booking a request should be made to the Guest House to avoid confusion or misunderstanding.

Arrivals & Departures

Occupancy shall be from and to the dates listed on booking confirmation / tax invoice.

Check-in time is 15h00 — 18h00. Please arrange with us if you are likely to arrive earlier or later.

You are requested to vacate your room by 11h00 on the day of departure. In the event that the room is not vacated by 11h30 a late departure charge will be payable of an amount up to the cost of one night’s accommodation.

Numbers of persons occupying a room must not exceed two. Any alteration to the numbers specified at the time of booking must be notified to us as soon as possible. We reserve the right to refuse an amended booking.

If keys are taken on your departure from the Guesthouse we will charge R 500 to cover the cost of replacement master keys and inconvenience.

Late arrivals or early departures will not receive a refund for any holiday missed.

Prices & Tariffs

All prices quoted are based on a “per person per night” tariff unless otherwise stated, and are inclusive of any taxes. Price increases resulting from government regulations/legislation or local taxes/charges will be re-charged to the guest. Any discounted prices given at the time of booking will become void if a guest alters the reservation in any way, unless already agreed with the proprietor.

Standard rates include Full Breakfast Buffet (B&B). Other meals, snacks, light refreshments and alcoholic drinks are charged as extra unless otherwise stated.

As we have no single rooms we charge a supplement for single occupancy of a bedroom, being part of and reflected in our single rates.

No allowances can be made for temporary absence, meals not taken or accommodation vacated before the expiry of the reservation.

Deposits

Provisional bookings by telephone are accepted, but must be confirmed by the Guest within two days by the payment of a deposit. The deposit may be paid by EFT or cash directly to the Guesthouse, or by credit card over the telephone. A provisional booking will be automatically cancelled if we do not receive deposit payment within the time specified above.

The required deposit is normally 20% of the full booking value, except for one nights stays, special events (for example Christmas and New Year) and certain weekends throughout the year where a higher deposit would be required.

Also in the event of a confirmed booking, this deposit should reach us within two days of the date of the booking confirmation. Failure to make this deposit within the specified time may result in the loss of the reserved accommodation. In exceptional circumstances the Guesthouse may vary this condition to suit specific circumstances. A booking is confirmed only when you have received a written confirmation from us, which will also outline the applicable deposit requirements.

Acceptance of a booking, whether in writing or provisional verbally, followed by the provision of a deposit or credit card to secure the reservation will create a legally binding contract between the proprietor and the person from whom the booking has been accepted (the guest). Thus, once the Guesthouse has issued confirmation of booking the Guest is responsible for the whole cost of the accommodation reserved.

Minimum Stay

The Management reserve the right to specify that bookings must be for a minimum stay of two or more nights at any time. Due to high demand, we generally do not take one-night reservations in October, November and over the festive time December 15th – January 8th. If you require a room for one night only during such time periods, please feel free to send us a reservation request and we will check to see if there is a matching 1-night gap between other reservations.

Payment

Payment is accepted using Cash, Visa, MasterCard or Electronic Fund Transfer (EFT).

We do not accept American Express or Diners Club cards.

The full cost of the booking should be made prior to arrival or during check-in.

No Smoking Policy

In line with Government legislation, we are a no-smoking establishment, and for fire safety precautions and for the comfort of all current and future guests, guests are NOT permitted to smoke anywhere inside the building.

All cigarette butts must be properly disposed of before re-entering the Guesthouse.

Please note that we reserve the right to charge for any damage caused by guest’s smoking, and may also ask any guest to leave the premises if they do not comply with requests no to smoke inside the building.

In the event of a guest, or guests, smoking in a bedroom we may also include charging for an additional nights accommodation in order to allow the room to ventilate prior to re-letting plus a charge of R 500 towards the cost of complete cleaning & steaming of the bedroom and the laundering of all fabrics and bedspreads.

Deliberate de-activation of any part of the fire alarm system will be considered an act of criminal damage.

The Honesty Bar

The bar is accessible throughout, 24/7. It works on a self-service honesty system; please make sure you make use of the consumption lists provided and note any items taken from the bar.

External purchases

We would request that on arrival no wines, spirits, beers or food are brought into the Guesthouse by guests for consumption on the premises without the express written consent of the Management and for which a charge may be made by the Guesthouse.

No take-away food is permitted in the building unless by prior arrangement with us, and only then if consumed in the dining room or main veranda. Under no circumstances is take-away food permitted in the bedrooms.

No cooking or other preparation of food by the guests may take place, including in a Guest’s bedroom.

Non-residents and Nature of Accommodation

For security reasons only registered guests are allowed in the Guesthouse and in guest rooms; if you wish to entertain any other person this must be done with our permission, and said persons are only permitted in the guest lounge and bar areas.

Sub-letting or re-letting, provision of the let premises for use, use of the let hotel rooms for purposes other than accommodation, for public invitations or other advertising measures, for interviews, sales and similar events and use of hotel space outside the rented rooms requires the prior written approval of the hotel and may be made subject to payment of an additional charge.

The customer does not acquire the right to have certain rooms provided unless this was expressly agreed in writing in the hotel accommodation contract.

Damage to Hotel Property

We reserve the right to charge guests the cost of replacement or repair of missing, damaged, or soiled items, caused by the deliberate, negligent or reckless act of guests to the Guesthouse property or structure. Should this damage come to light after the guests have departed, we reserve the right to make a charge to Guest’s credit card, or send an invoice for the amount to the Guest’s registered address.

All costs incurred in the recovery of monies due will be added to the amount owed. These costs will include all legal fees, debt collection fees, small claims fees, sundry disbursements, late payment surcharge and any other amounts spent in the recovery of the debt. We will however make every effort to keep any costs that the Guest would incur to a minimum.

Groups

Where a party of people are booked into the Guesthouse (a party being where more than one room is booked) by a Party Leader then the responsibility for the conduct and actions of all of the members of the party is the responsibility of the Party Leader.

The person making a group booking is ultimately responsible for full payment for all rooms. If numbers in the party vary between date booking made and date of stay, then it is their responsibility to ensure full utilisation of the rooms. The room rate agreed at time of booking shall stand.

To enable us to provide all our guests with an enjoyable and relaxing stay, we will not accept any “Stag” or “Hen” Parties.

Cancellation

We would suggest that guests consider the merits of insurance cover that includes a cancellation risk.

In the event of a guest not arriving, cancelling the booking or curtailing their stay, the guest shall pay a cancellation fee.

If you wish to cancel your stay, please inform the Guesthouse in writing as far in advance as possible before the arrival date.

Cancellation charges depend upon when we receive your written instruction prior to the date of your scheduled arrival.

In the event of you cancelling your stay the Guesthouse will endeavour to re-let the accommodation. However should this not be possible then the person making the reservation remains legally liable to pay for that accommodation and we reserve the right to charge for the full stay booked. In most cases this liability can be covered by insurance, we therefore strongly recommend that holiday cancellation insurance be taken out.

Should you decide to curtail your stay no refunds will be given. The booking is accepted on the clear understanding that should the accommodation become unlettable through circumstances beyond the control of the Guesthouse you shall be entitled to a refund not exceeding the amount paid.

If the guest gives credit/debit card details to the proprietor in order to secure a booking and pay a deposit then it is agreed between the parties that in the event of a guest not arriving, cancelling the booking or curtailing their stay the proprietor may debit the guest’s credit/debit card with the full amount of the cancellation charge as set out above less an allowance for any deposit already paid. It is also agreed that the proprietor may also debit guest’s credit/debit card with the full amount of any additional charges incurred by the guest as set in these Terms and Conditions.

The booking is not assignable by the Guest without the prior written consent of the Guesthouse.

If a right of cancellation by the Guest free of charge (apart from the handling fee) within the period up to 32 days before arrival is applicable, the Guesthouse is also entitled to withdraw from the contract in this period if it has received requests for the rooms booked under the contract from other Guests and the Guest does not waive his right of cancellation within a period set by the Management upon request by the Guesthouse (handling fees will not be charged in such an event). This applies correspondingly to any option granted if other requests have been received and the Guest is not prepared to make a firm booking within a period set by the Management upon request. In this case “firm booking” means that from this date an accommodation contract comes into full existence and the originally agreed, free cancellation period is suspended.

The Management reserves the right to cancel a booking forthwith without liability in the event of damage or destruction to the accommodation due to fire or other cause, any shortage of labour or food supplies, or any other causes beyond the control of the Management which prevent him/her from performing their obligations in connection with any booking.

Your Personal Details

We respect your privacy. Your personal details will not be sold on or passed on to third parties.

Pets

We regret that we do not accept pets, other than guide dogs with our prior written consent, in which case they should be exercised off the Guesthouse premises.

Parking

The Guesthouse does not accept any responsibility for theft or damage to vehicles and their contents whilst parked or manoeuvred on the Guesthouse’s grounds. Parking is done entirely at the vehicle owner’s risk. The hotel has no duty of supervision. Parking is limited and is available on a “first come, first served” basis; we do not guarantee that off-road parking will be available at any time.

Security

Keys are handed on loan to guests for their convenience and security. Keys must not be loaned under any circumstances to any person other than those occupying the relevant rooms.

Behaviour

Please respect that there are other people and that there are neighbours so please try to keep noise to a minimum especially at night. The Management reserves the right to judge acceptable levels of noise or behaviour of guests who must take all steps for corrective action as requested by the Management.

We will not tolerate foul language, abuse or violence towards us, or any of our guests.

The management reserve the right to deny access to any guests who appear to be drunk or under the influence of illegal drugs. Anyone barred access under these conditions will not have the right to any refund.

In the event of failure to comply with Management requests, the Guesthouse may terminate the booking immediately without being liable for any refund or compensation. We will not hesitate to call the police if we feel it necessary.

Guests shall not arrange for the delivery of or deliver any goods or materials to the accommodation without prior arrangement with the Management. Guests shall not store or place on the premises or on the perimeter any inflammable, combustible or objectionable substances or liquid.

Discrimination

It is the policy of the Guesthouse not to discriminate on the grounds of race, colour, nationality, creed, sex, marital status, age, ethnic origin or disability. Guests are expected to strictly adhere to this policy and the Management may remove from the Guesthouse any person or persons offending against this policy.

Liability

Whilst every precaution is taken to provide for the security and comfort of our guests, guests are responsible for their own property and person. Any loss, damage, theft or accident should however be reported immediately.

Staying at the Guest House and using any of its Services and facilities, including (but not limited to) the rooms, public areas, staircases and swimming pool (in this clause commonly referred to as the ‘Facilities’), is entirely at the Guest’s own risk. The Guest therefore indemnifies the Guest House, its Management and employees (together referred to as the ‘Establishment’ in this clause) against any kind of loss, liability or cost incurred, arising out of any claims or legal proceedings which are brought or threatened against the Establishment by the Guest or any related person, arising from his/her/their use of the Services and Facilities or any breach of this Agreement. The Establishment will not be held reliable for any kind of loss or damage that a Guest might suffer during his/her stay, even in the event of negligence. This includes personal injuries/death as well as loss of property and valuables not stored safely in the safety boxes (‘Mini Safe’) provided in each room or the one at reception. Articles of value deposited with the Management for safe keeping must be confirmed with a note by the recipient of the deposit being handed over from the guest. The note of the deposit must be presented by the guest in the event of a claim.

In the event of negligence on the part of the proprietor which gives rise to loss or damage to the property belonging to a guest or any reason for which the Guesthouse is found liable, the Guesthouse’s liability to the Guest is limited to the value of the booking, but limited to a maximum of R 1.000 for any single article and subject to a total of R 2.000 in the case of any one guest.

Meals

Breakfast and other meals paid for in advance must be taken at the place and times stipulated. Details will be given on arrival or in advance upon request. No refund or part refund can be given for breakfast or other meals not taken at the times and place stipulated, irrespective of the reason.

Vegetarian, special needs and requests

It is the Guests’ responsibility to clearly state any personal need or requirement at the time of making a booking. Whilst the Guesthouse will endeavour to meet such requests we cannot guarantee to satisfy all or any such requests made.

Force Majeure

The Guesthouse will be released from all liability to the Guest if the performance of the contract is prevented by any cause whatsoever beyond the control of the Guesthouse.

Guest Property

Property left at the Guesthouse upon departure will be kept for two months, after that time it will be destroyed if it does not appear to be of value or otherwise disposed of – if appropriate, at a local charity shop. If you require the items to be sent to you we will return the items only upon request and at your risk and expense upon receipt of a written confirmation, agreeing to cover the cost of postage and packaging.

Complaints

We aim to give our guests every satisfaction during their stay with us, but please raise any matter of complaint with the Management at the time, or in any event within seven days of returning from your holiday.

If the guest has a complaint concerning any aspect of the services provided by the Guesthouse, then it is the duty of the guest to inform the Management immediately, or at the first available opportunity and in any event before termination of the stay. It is specifically agreed between the parties that failure by the guest to notify the proprietor of any complaint in accordance with the time scale set out will entitle the proprietor to refuse to entertain the complaint, irrespective of the merits of the complaint.