1.1 These general terms and conditions apply exclusively for the provision of accommodation services by Infinity Bed and Breakfast (Pty) (thereafter referred to as “the guesthouse”)
1.2 The General Terms and Conditions can be obtained electronically at www.infinityguest.com or viewed at the reception of the guesthouse.
1.3 These Terms and Conditions do not rule out special agreements. The terms and conditions are subsidiary to any individually made agreements that have been reduced to writing.
2. Definition of terms
2.1 The terms used in this contract are thus defined:
2.1.1 “Guesthouse “is the legal body Infinity Bed and Breakfast (pty) which accommodates guests in return for payment.
2.1.2 “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...).
2.1.3 “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.
2.1.4 “Accommodation contract” is the contract made between the guesthouse and the contractual partner, the contents of which are regulated in detail in this document.
2.1.5 “Contracting parties” are the guesthouse (accommodation provider) and the contractual partner (individual guests, tour operators, travel agents, corporate or private travel groups).
2.1.6 Expressions in the singular also denote the plural, and vice versa.
2.1.7 Pronouns of any gender include the corresponding pronouns of the other gender.
2.1.8 Clause headings appear in the contract for reference purposes only.
2.1.9 This contract shall be interpreted and applied in accordance with South African law.
3. Conclusion of contract and Deposit
3.1 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.
3.2 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.
3.3 Registered travel agents and corporates are permitted to provide the guesthouse with an order number and/or voucher which guarantees payment of the account.
3.4 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).
4 .Arrival and Departure
4.1 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.
4.2 Check in times are strictly between 14:00 and 20:00 on day of arrival.
4.3 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 persons after 20:00, the guest deriving no rights to compensation as a consequence.
4.4 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 guest not confirm a check in time if it is expressly agreed that they will arrive before 20:00.
4.5 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. In the event of departure before 18:00, the full room price must be paid.
5.1 prices are determined by the guesthouse and are valid as at the time the services are provided.
5.2 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.
5.3 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% (2 percent) handling fee added.
5.4 Should the guesthouse accept payment from a foreign bank account through Swift transfers, any transaction costs are to be borne by the contractual partner.
6. Terms of payment
6.1 All guesthouse payments are due in full upon arrival of the guest or upon billing to the travel agent, tour operator or corporate.
6.2 In all instances, the guesthouse is entitled to demand advance payment of an appropriate amount 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.
6.3 With respect to contracts with consumers as defined in the Consumer Protection Act 68 of 2008 as well as with those for whom the transaction is within the scope of operation of a business, wherein a business is to be understood as a permanently established organization for independent activity whether it is commercial in nature or not, the guesthouse is entitled, in the event of late payment, to demand interest on late payments at a rate of 15, 5% per annum from due date.
6.4 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 payment made will firstly be made toward costs, legal costs, interest and then towards any capital owing.
6.5 Furthermore, with respect to contracts with contractual partners, an administration or reminder charge of R10.00 (ten rands) is to be paid by the contractual partner for extrajudicial notices resulting from failure to meet the late payment deadline.
6.6Assertions of higher claims for damages resulting from late payment remain unaffected by this clause.
7.1 In the case of force majeure 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.
7.2 Unless otherwise stipulated, the following cancellation conditions apply for guests:
7.2.1 Up to 30 days prior to check in –free of charge and the deposit will be refunded in full.
7.2.2 Up to 15 days prior to check in -50% of the full accommodation fee will be charged as cancellation.
7.2.3 Up to 7 days prior to check in -75% of the full accommodation fee will be charged as cancellation.
7.2.4 Less than 3 days prior to arrival-100% of the full accommodation fee will be charged as cancellation.
7.3 Upon cancellation, a 7% administration fee will be subtracted from the total refundable amount. The administration fee will be charged on top of the cancellation policy.
7.4 No shows will be charged at 100% of the full accommodation fee.
7.5 Early departures (i.e. checking out before the agreed departure date) will be charged at 100% of the full accommodation fee and no refund will be given.
8. Providing alternative accommodation
8.1 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.
8.2 A realistic justification is given for examples 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 makes these measures necessary.
8.3 Any additional costs incurred for the alternative accommodation are to be paid by the guesthouse.
9. Cessation of the Accommodation
9.1 Should the closed accommodation contract determine the duration of stay, then the contract ceases at the end of this duration.
9.2 Should the contractual partner depart prematurely, the accommodation provider is entitled to charge the full amount agreed upon .The accommodation provider may deduct the value of the savings resulting from the contractual partner’s non-consumption or re-rental of the booked room(s).A saving only exists when the accommodation is completely fully booked at the time of the non-consumption of the booked rooms by the contractual partner and when the rooms can be re-rented to other guests due to the cancellation/premature departure. Burden of proof of a savings lies with the contractual partner.
9.3 The contract ends in the event of the guest’s death.
9.4 The guesthouse is entitled to end the contract with immediate effect for valid reasons. In particular when the contractual partner or guest:
9.4.1 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, or 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.
9.4.2 Misuse of the alcohol in the premises or when any illegal substance is found with the guest or any party accompanying the guest.
9.4.3 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.
9.4.4Fails to pay the issued bill when due within a reasonably allocate period.
9.5 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 .Further events such as load-shedding or water cuts by local municipalities shall also be deemed to be acts beyond the control of the guesthouse.
9.6 Compensation claims by the contractual partner are impossible.
10.1 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.
10.2 Notwithstanding the foregoing, nothing in these terms and conditions is intended to exclude or limit any of the guest’s rights. The guests have as a consumer under the Consumer Protection Act 68 of 2008 or any other applicable law which may not be excluded or limited, or to exclude or limit in any way the liability to the guest or any other person under the CPA or any other applicable law which may not be excluded or limited.
10.3 Guests use the guesthouse and recreational facilities at their own risk. The guesthouse is not liable for deficiencies not immediately recognisable when acting with due diligence, or for damages resulting there from .In particular, as pursuant reduction in price may not be demanded.
10.4 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.
10.5 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.
11.1 Subletting or re-letting, as well as the use of guesthouse rooms for purposes other than residential requires the prior, written consent of the guesthouse.
11.2 The contractual partner does not have the right to demand an extension of stay. Should the contractual partner give timely notice of his desire to extend his stay, the guesthouse can then agree to the extension of the accommodation contract. The guesthouse is however, not obliged to extend the contract.
11.3 No animals of any kind are allowed in the guesthouse interior or outdoor facilities.
11.4 No waiver by the guesthouse of any breach, failure or fault in performance by the other party or refusal or neglect to exercise any right hereunder, or to insist upon strict compliance with this Agreement, or any other indulgence allowed or shown shall constitute a waiver, variation or novation of any of the provisions of these terms and conditions or a waiver by the guesthouse of its rights at any time or operate as or create any estoppels against the guesthouse unless reduced to writing and signed by a duly authorised representative.
11.5 All terms and conditions are deemed to be material.
12 .Domicilium Citandi et Executandi
12.1 The address where the guesthouse will receive all notices and other documentation is: 25 Island Cove, Bromhof