Terms & Conditions

STANDARD TERMS AND CONDITIONS

Highlander Haven House Shareblock pool (The Property)

All bookings under this agreement shall be subject to the following terms and conditions:

1. Applicable to all accommodation, meals and on site services and facilities.
2. The Highlander Hotel is a pooled shareblock business in the hospitality industry that supplies accommodation and related services
3. Delivery policy
   Subject to availability and receipt of payment, bookings will be processed within 1 day and confirmed by way of email with a reservation number that should be quoted in all correspondence.
4. 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 Property 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 Property’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).

5. The Property reserves the right to cancel any booking forthwith and without liability on its part in the event of abusive guest behaviour; abuse of staff and personnel; guests abuse of the Property’s furniture fixtures and assets; damage to, or destruction of the allocated facilities, rooms or appurtenances beyond the control of the Property which shall prevent it from performing its obligations in connection with any booking.

6. The Property reserves the right to change the name and location of the Customer’s previously designated accommodation unit/facility/function/conference room upon having given reasonable notice to do so.

7. `The provision of standard operating apparel and / or equipment shall be dependent on availability and at the sole discretion of the property.

8. Should any booking be cancelled it must be so cancelled in WRITING:

1.  60 days or more prior to the agreed date, no cancellation fee will be charged.
2. A cancellation fee of 25% will be charged for cancellation 30 to 59 days before the event.
3. A cancellation fee of 50% will be charged for cancellations 21 to 29 days before the event.
4. A cancellation fee of 75% will be charged for cancellations 14 to  20 days before the event
5. A cancellation fee of 100% will be charged for cancellations 0 to 13 days before the event.
6. All NO shows and same day cancellations will be charged the full amount due.

In the case of weddings or conferencing facilities a 100% non-refundable deposit is required at the time of confirmation.

9. The Property 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 Property at its sole discretion.  Should the Customer fail to pay such deposit by the date indicated on the face of this agreement, the Property shall deem the booking to be cancelled. Any deposits or portion of any deposit shall be forfeited to the Property.
10. 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 Property may immediately suspend the carrying out of any of its then uncompleted obligations until the payment is made.
11. The Property’s customers, its employees, guests or invitees enter and / or access and / or use the premises of the Property at their sole and exclusive risk. Neither the owner of the premises, nor the Property, 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 the premises, hereby indemnifies and holds 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.
12. 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.
13. The Customer shall not be entitled to:
    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.
    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.
    3. All day and evening functions / conferences must terminate by 17h00 and 22h00 respectively unless a later time is specifically agreed in writing with the Property, at the time the booking is made.
    4. No food or beverages may be brought in to the allocated rooms by Customers for consumption on the premises.
14. The property carries a liquor licence and guests are not permitted to bring alcohol onto the property.
15. Mini bars can be stocked in advance and by arrangement with the front of house reservations desk.
16. Any guests under the age of majority must be accompanied by an adult and no customer shall be entitled to assign or cede the booking to any third party or utilize the Property’s facilities for any purpose than that stated without the Property’s written consent which shall not be unreasonably withheld.
17. The Property 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 or 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 Property’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 Property for any reason whatsoever all amounts owed by the Customer to the Property 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 Property, 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 Property would then be entitled to recover the amount due to it by the Customer directly from such a debtor or debtors.
18. The signature of any employee or agent of the Property which appears on the Property’s official invoice will constitute prima facie evidence of the supply of the accommodation and services.
19. The Property 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. Such accommodation bookings will only be honoured in respect of Agent’s approved by the property.
20. A certificate signed by the General Manager or Financial Controller of the Property 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 or insolvency or for any other purpose whatsoever.
21. Any indulgence shown to the Customer shall not constitute a waiver or novation of the Property’s rights.
22. All information obtained in any brochure, or catalogue which accompanies or forms part of any tender or advertisement made by the Property, which shall include prices, is subject to change and the Property will not be bound to comply exactly therewith.  The Property shall not be liable for any inaccuracies in any brochures or information supplied by it which the Customer fails to verify with the Property Management in writing.  Where a price increase is necessitated, the Customer will be notified within a reasonable period.
23. Advice, recommendations or opinions by representatives of the Property 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 Property or any such representatives.
24. Return and Refunds policy  The provision of accommodation and services by The Highlander Hotel will be subject to availability. The rates and cancellation policy vary according to the room and rate selected. Should The Highlander Hotel be unable to honour any booking refunds of the full amount paid will be effected within 45 days.
25. Customer Privacy policy
    The Property shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:http://www.polity.org.za/attachment.php?aa_id=3569.
26. Payment options accepted
    Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the bank account identified on our payment portal. These
    details are also available upon request.
27. Card acquiring and security
    Card transactions will be acquired for The Highlander Haven House Shareblock (Pty) Limited (pool account) via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
28. Customer details separate from card details
    Customer details will be stored by The Property separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to paygate.co.za.
29. Merchant Outlet country and transaction currency
    The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
30. Responsibility
    The Property takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
31. Country of domicile
    This website is governed by the laws of South Africa and The Highlander Hotel chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 10 Redwood road, Bedfordview, Gauteng, South Africa
32. Variation
    The Property may, in its sole discretion, change this agreement or any part thereof at any time without notice.
33. Company information
    This website is run by The Highlander Haven Share Block (Pty)  Limited with registration number 2017/488614/07 based in South Africa, on behalf of the Highlander Haven Share Block rental pool trading as
    The Highlander Hotel/The Highlander Haven House rental pool.
34. 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.
35. 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.
36. This agreement shall be governed by the Laws of the Republic of South Africa. In the event of the Property having to institute legal proceedings against the Customer in terms of this Agreement, the Customer agrees to pay the Property all costs incurred in respect of such action on a scale as between attorney and own client including collection commission.
37. These terms and conditions apply mutatis mutandis not only to any future contract(s) between the Property and the Customer for accommodation and services, but also to the agreement between the Property and the Customer in terms of which a credit facility is granted to the Customer by the Property.