All bookings under this agreement shall be subject to the following terms and conditions:
1. APPLICATION
All quotations or estimates provided by, or bookings made with and/or all services rendered by or on behalf of Geret Family Trust and Coga Cottage based in South Africa and trading as (T/a) Coga Cottage (‘the Establishment’) are subject to these terms and conditions (‘the Conditions”).
2. THE CLIENT AND AUTHORITY
The person requesting such quotations or estimates or making such booking or to whom any service is rendered, or by clicking the “Book Now” button herein, the customer/client signifies and accepts all terms and conditions contained in this specific Website is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).
3. THIRD-PARTY SERVICE PROVIDERS
The Establishment provides Clients with accommodation and/or other services either itself or acting as agents for Principals engaged in or associated within the tourism industry, such tour guides and fishing charters. The Establishment represents such principals as am agent only and accordingly accepts no liability for any loss, damage, injury or death which any Client may suffer as a result of any alteration, act or omission on the part of or the failure of such Principals to fulfil their obligations, whether in relation to travel arrangements, service provision, accommodation or otherwise. The contract in use by such Principals (which is often constituted by the ticket issued by the principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against such Principal.
4. PAYMENT AND PAYMENT TERMS GENERAL
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- The Establishment outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is the South African Rand (ZAR).
- 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 the immediate payment of any other outstanding amounts. Any amounts payable by the Customer to Coga Cottage in terms of this agreement and not paid on the due date shall accrue interest at 1% (one percent) above the prime bank overdraft rate as advised by the establishment’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 no additional charges.
- Payments made by means of bank transfer must be free of banking or any transaction fees (including form bank charges and currency conversion costs) connected to paying the amount owed.
- Coga Cottage reserves the right to cancel any booking forthwith and without liability on its part in the event of damage to, or destruction of the allocated causes beyond the control of Coga Cottage which shall prevent it from performing its obligations in connection with any booking.
- Coga Cottage also retains the right to request full payment in advance, or a deposit, at the time of booking in certain circumstances or if the booking includes certain additional terms & conditions, amenities, or services.
- Card transactions will be acquired for the Establishment via Peach Payments, or any other internet payment provider and Nedbank 3d Secure which is the approved payment gateway for all South African Acquiring Banks. Peach Payments and Nedbank 3d Secure use the strictest form of encryption, namely 3D secure and no Card details are stored on the website.
5. CANCELLATION POLICY:
Once a reservation has been confirmed, the following cancellation policy is applicable with immediate effect.
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- Amendments to a reservation involving the arrival and departure dates are the same as a cancellation.
- Cancellation fees will be levied in the event of a cancellation and in accordance with the reservation terms and conditions as set out below:
- All cancellations (and amendments) must be in WRITING or per the online system:
- The standard cancellation policy is as follows:
- Cancellation 21 days or more prior to the agreed arrival date, no cancellation fee will be charged. Deposits will be refunded minus 10%.
- Cancellation 21 to 8 days prior forfeits 50% of the total booking value.
- Cancellation 7 days prior and same day of the arrival date and no-show forfeits 100% of the total booking value.
- The strict cancellation policy is as follows: (e.g., the Non-refundable rate)
- Cancellation of booking at any time forfeits 100% of the total booking value.
- No verbal cancellations of reservations will be accepted.
- Cancellations are only confirmed once you have a return email from the Establishment stating the status of your reservation as such.
- In the event of a no-show, or should you not arrive on the stated arrival date, your room will be released at 20:00 on the stated arrival date and a cancellation fee for the entire booked period will be charged. Should you be delayed for any reason, please let us know so that we hold your room for you. Relevant charges apply.
- Should a Guest depart earlier than the confirmed departure date, a full cancellation fee for the remainder of the stay will be charged.
- As credit card details are only taken to secure reservations, the full applicable cancellation fee as detailed above will automatically be billed to your card should we not receive prior notice of your cancellation. No further authorisation will be sought or required.
- If the Establishment is able to resell the room(s) the difference will be reimbursed to the Client.
6. RESERVATIONS
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- All reservations are subject to a 50% deposit at least 21 days before the arrival date or as stipulated in the booking.
- The Cancellation Policy applies to the full value of the stay.
- If the payment requested has not been received by the due date stipulated on your booking, the reservation will be released unless prior alternative arrangements have been made in writing.
- Where a cancellation is not made in accordance with our Cancellation Policy terms, we reserve the right to charge full fees, in accordance with the above, against your payment details provided, without your presence or further authorisation being required.
- If your method of payment is EFT, you will be billed, and you will be liable to make full payment on demand.
7. BOOKING, DEPOSIT & RESERVATION – General
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- The Establishment 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 Establishment at its sole discretion. Should the Customer fail to pay such deposit by the date indicated on the face of this agreement, or within 72 hours of being requested to do so the Establishment shall deem the booking to be cancelled.
- If any amount owed by the Customer is not paid on the due date, then without prejudice to any other right it may have, the Establishment may immediately suspend the carrying out of any of its then uncompleted obligations until the payment is made.
- The customer shall not be entitled to assign or cede the booking to any third party or utilize Coga Cottage’s facilities for any purpose other than that stated without Coga Cottage’s written consent which shall not be unreasonably withheld.
Coga Cottage 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 an 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.
Coga Cottage’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 Coga Cottage for any reason whatsoever all amounts owed by the Customer to Coga Cottage 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 Coga Cottage, all its right, title and interest in and to all claims of whatsoever nature and howsoever arising which the client may have against its own debtors, without any limitation whatsoever, and Coga Cottage would then be entitled to recover the amount due to it by the Customer directly from such a debtor or debtors.
- The Establishment 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.
- Non-Refundable Rates – Payment going through our Peach Payments and Nedbank Online Merchant will secure the full payment and debit the credit card used in making the booking. Booking will be non-refundable on cancellation or amendments.
8. RESERVATIONS
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- All individual bookings must be guaranteed within 48 hours of making the reservation by providing, a deposit or full pre-payment if it may be required. If a deposit is paid, proof of payment is to be received within this time period.
- You will be required to present the payment card used to secure your booking and your matching ID on check-in, when full payment for your stay will be deducted.
- Vouchers are required for all bookings received via Tour Operator or Travel Agent and must be advised of at the time of booking and presented on check-in, in order to be accepted.
- If your card was only provided as a guarantee at the reservation stage; at the time of check-in we will deduct the full amount of your stay (room rate, VAT and any extras booked). We may also choose to accept a cash deposit in place of the card payment, in which case the room rate, VAT, room levy, any extras booked and a daily amount for incidentals will be required on check-in.
- All outstanding charges must be paid for in full on check-out from Coga Cottage. Should you leave without settling your final bill, all charges will be deducted from the credit card details provided without your presence and without Coga Cottage requesting further permission. Should there not be enough funds for the outstanding amount you will be held liable for such until the debt has been settled in full.
9. VOUCHERS
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- If you have a voucher, please advise us and provide the voucher number at the time of booking.
- Vouchers not advised of and agreed upon, will not be accepted as a method of payment on departure.
- Please present the voucher to Reception on arrival for it to be an accepted method of payment.
- Vouchers are not interchangeable or exchangeable and only remain valid for the time/dates indicated on the voucher.
- Under certain circumstances, we may be able to extend the voucher (for a limited period of time). Please contact us to enquire.
- Regret we cannot extend a voucher once it has already expired.
10. REQUIREMENTS for CHECKING IN
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- Per the amendment of the Immigration Act (No. 13 of 2002), it is now a legal requirement for all Hotels in South Africa to keep information containing details of all GUESTS provided with lodging accommodation.
- This information must include:
- A copy of identification document, or passport;
- Full names and surname;
- Residential address
- Residence status in South Africa
- All GUESTs are thus required to provide proof of identification (photo identity document/passport) upon check-in.
11. CHECK-IN/OUT TIMES
Check-in from 14h00.
Check-out 10h00 – late check-out may be arranged subject to the following bookings and circumstances.
Late arrival due to travel arrangements can be arranged please.
Please note you will require a WhatsApp with confirmation to collect the house keys from the security office.
Earlier check-in is possible subject to prior occupation of the house – just ask.
12. GUEST ROOM OCCUPANCY
A maximum of 11 persons are permitted to sleep on the premises. Only paying guests on the property for the safety of yourself and other guests.
Right of Admission will apply.
If you have additional guests staying over, we need to be informed, please. The rate for the house is for a maximum of 11 guests.
13. SPECIAL REQUESTS
Clients, who have special requests, must specify such requests to the Establishment in the Reservation Form. Whilst the Establishment will use its best endeavours to accommodate such requests, it does not guarantee that it will.
14. IMPAIRED MOBILITY
The Client with impaired mobility, or other requirements should check with the Establishment in advance to ensure that their needs can be accommodated. Please call or email the Establishment directly for particulars.
15. CHILD POLICY
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- Children are considered as a person and included in the 11-person Occupancy rate.
- A maximum of 1 additional child cot (for ages 0 – 3 years) can be placed in certain rooms on request depending of the room and availability.
- PLEASE NOTE – Marloth Park is a dangerous environment for children, parents must be always watchful and aware of children’s whereabouts.
16. INSURANCE
It is strongly advised that all Clients take out adequate insurance coverage such as cancellation due to illness, accident, or injury. Personal accident and personal liability are also recommended. The Establishment will not be responsible or liable if the Client fails to take adequate insurance coverage at all.
17. RESPONSIBILITY
The Customer, its employees, guests or invitees enter and/or access and/or use the premises of the Establishment at their sole and exclusive risk. Neither the owner of these premises, nor the Establishment, 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 these premises, hereby indemnify and hold 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. 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.
18. NON-SMOKING ESTABLISHMENT
South Africa’s Smoking law applies. The Establishment is smoke-free. The client is not permitted to smoke in any buildings and public areas. All our Guest bedrooms is non-smoking areas. A charge will be applied for smoking in the bedrooms, or on the balconies and patios as they will need deep cleaning on your departure.
19. PETS
We are unable to accommodate pets. Pets are strictly not permitted into Marloth Park.
20. LIMITATION OF LIABILITY
The Establishment will under no circumstances be liable for any claim whatsoever unless such claim is due to the gross negligence of the Establishment and such claim is lodged in writing with the Establishment within 30 (thirty) days after the end of stay. Such liability will be subject to a limitation of R10 000,00 per Client and under no circumstances will the Operator be liable for any indirect or consequential loss or damage.
21. GENERAL
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- A certificate signed by the General Manager or Financial Controller of the Establishment 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 on insolvency or for any other purpose whatsoever.
- Any indulgence shown to the Customer shall not constitute a waiver or ovation of the Establishment’s rights. 21.3. All information obtained in any website, brochure, or catalogue which accompanies or forms part of any tender or advertisement made by the Guest House, which shall include prices, is subject to change and the Establishment will not be bound to comply exactly therewith. The Establishment shall not be liable for any inaccuracies in any brochures or information supplied by it which the Customer fails to verify with the Establishment management in writing. Where a price increase is necessitated, the Customer will be notified within a reasonable period.
- Advice, recommendations, or opinions by representatives of the are given and expressed in good faith and shall not constitute representations of any description and shall not give rise to any claim against Coga Cottage or any such representatives.
- 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, if it has been confirmed by registered letter posted no later than the business day immediately following the date of transmission.
- These terms and conditions apply mutatis mutandis not only to any future contract(s) between Coga Cottage and the Customer for accommodation and services, but also to the agreement between Coga Cottage and the Customer in terms of which a credit facility is granted to the Customer by the Guest House.
- The provision of standard operating apparel and / or equipment for e.g. linen used by Coga Cottage shall be dependent on availability.
22. WIFI Terms & Conditions
- The Establishment provides guests, with Free Wireless Internet Access, which is provided under a fair usage policy. The Free Wireless Internet Access is provided with the expectation that the guests will utilize this service in a lawful, professional, and responsible manner.
- The Establishment offers the Free Wireless Internet service for activities such as the active use of email, instant messaging, browsing the World Wide Web and accessing corporate intranets. The service is not intended for high volume data transfers, especially sustained high volume data transfers, video conferencing, Peer 2 Peer downloads etc.
- The Free Wireless Internet service is not refundable and/or transferable and cannot be redeemed for cash or any other service.
- Although the Establishment will always use its best endeavours to have the service available. The Establishment does not guarantee the availability of the service and shall not be liable in any manner whatsoever in respect of any loss or damages caused by, or arising from, the unavailability of, or any interruption in the service for any reason whatsoever. This Free Internet Access offer can be amended or withdrawn in full or partially at the sole discretion of the Establishment.
23. LEGAL FEES
The Client will be liable for all legal fees on an attorney and own client scale if the Operator must engage a lawyer to enforce any of its rights or otherwise. This agreement shall be governed by the Laws of the Republic of South Africa. In the event of Coga Cottage having to institute legal proceedings against the Customer in terms of this Agreement, the Customer agrees to pay the Establishment all costs incurred in respect of such action on a scale as between attorney and own client including collection commission.
24. CONFIDENTIALITY
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- The Establishment undertakes to deal with all Client information on a strictly confidential basis. Please refer to our Privacy Policy.
- The Establishment shall take all reasonable steps to protect the personal information of users.
25. VARIATION
The Establishment may, in its sole discretion, change this agreement or any part thereof at any time without notice.
26. ENTIRE CONTRACT
The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Operator or otherwise that is not included herein.
27. CONTACT DETAILS
Company Physical Address: 18 Simba St, Sebenza, Edenvale, 7600, South Africa.