These terms and conditions apply between The Halyard (TH) and the person/s  and / or entities (“Guest”) visiting any of TH’s property.

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By accepting the rates, you agree that you have read and understood these Terms and Conditions, including all Policies and agree to be bound by them.

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If you do not agree to these Terms and Conditions, you must cease your use of our services immediately. We reserve the right to amend the Terms and Conditions at any time and without notice to you. You are advised to regularly check whether these Terms have changed. The most recent version will be available on www.theroyalpportfolio.com.

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BOOKINGS

Bookings will be sent by Guest in writing to TH, containing its name, country of origin, arrival and departure dates, flight details, contact number and any specific requests.

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Bookings will not be confirmed until such time as the deposit has been paid in terms of clause 4 below, after which TH will notify the Guest in writing of the confirmation.

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• Should TH receive a secondary enquiry against provisional/unconfirmed bookings, it will endeavour to make contact with the Guest. Response within 24 hours will be required from the Guest, failing which the bookings will be automatically released. If a response is received, the initial enquiry will have seven (7) days to confirm or release.

• Deposits

• • Off-season ( 1 May – 30 September)

  • 50 % Deposit is required upon booking with the remaining balance to be paid 14 days prior to the check-in date.

  • Peak Season (1 Oct – 30 April)

  • 50 % deposit is required upon booking and the remaining balance is to be paid 30 days prior to booking. Bookings made within 30 days of the check-in date needs to be paid in full.

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PAYMENT

Payment of any amount due must be made via electronic funds transfer into a bank account designated by TH in writing.

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TH may designate a new bank account or another method of payment by written notice to Guest. It is Guest’s duty to ensure that it makes payment into the correct bank account, and payment into an incorrect bank account, whether caused by fraud or by any other reason whatever, will not release Guest from its duty to make payment to TH.

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Guest must pay all amounts due to TH in South African Rands without deduction or set-off for any reason, unless otherwise provided for in this Agreement.

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No obligation to make payment will be cancelled and no refunds will be given under these Terms unless agreed between the Parties in writing.

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A three percent (3%) administration fee on all credit card transactions is applied to all bookings for accommodation charges only.

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Guest will be liable for all bank fees and commissions related to the payment, including commissions and charges related to the international transfer of funds.

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Should payment not be received as per the time periods set out herein, the booking will be automatically cancelled, and the deposit forfeited. This is subject to THs rights to damages and TH will have the right to retain all monies paid by Guest pending the determination of such damages and thereafter to set off the amount so retained against any amount owing.

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RATES

TH reserves its right to publish its rates from time to time and amend published rates without notice to Guest and it remains Guest’s obligation to regularly check whether the rates have changed.

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All rates are quoted in South African Rands.

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TH will not be liable for any rate fluctuations of third party suppliers whose services TH books on behalf of Guest.

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CANCELLATION

Any cancellation of bookings is subject to the cancellation schedule below. Cancellation includes a date change or a reduction in number of rooms or nights, of a confirmed reservation.

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No booking is secure until the deposit is paid, and the booking has been confirmed by TH.

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No refunds will be given by TH in the event of an early check-out by Guest for any reason whatsoever.

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In the event of a no-show of Guest, TH will charge a cancellation fee equivalent to the rate of the confirmed booking and any other pre-booked services.

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MINIMUM STAY

A minimum stay of two (2) nights is required for both peak and off peak season.

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CHILD POLICY

Children under the age of 12, sharing accommodation with adults, are to be accompanied by an adult at all times within the building.

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CHECK-IN / CHECK-OUT TIMES

Check-in time is at 14h00. Every effort will be made to ensure the room is available upon arrival, however, should Guest wish to guarantee an early Arrival, it is advisable that an additional night is booked prior to their scheduled Arrival.

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Check-out time is at 11h00. A late check-out is subject to availability and can only be confirmed on-site. Should Guest wish to guarantee a late check-out, it is advisable that an additional night is booked post their scheduled departure.

 

DISCRIMINATION AND BEHAVIOUR

By accepting these terms and conditions you agree to comply with the Discrimination Policy detailed here.

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TH expects all persons entering the Property to behave in a responsible and considerate manner at all times towards others and not to cause disruptions.

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Should TH in its sole discretion believe that Guest’s action may or has caused a risk of safety, disruption, annoyance, or any damage to other Guests, Employees, suppliers or property, TH reserves the right to immediately require the Guest to vacate the Property and repair any damage caused.

Should TH require a Guest to leave in terms of the above clause, it will not have any further liability to Guest and all outstanding fees shall be due and payable and no refunds provided.

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FORCE MAJEURE

TH will not be liable for any failure to fulfil its obligations under this Agreement if and to the extent such failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, fire, explosions, floods, hurricanes, extreme weather, riots, wars, (whether declared or not), hostilities, revolutions, civil disturbance or usurped authority, accidents, embargo or requisition, unforeseeable acts (including failure to act) of any governmental authority (de jure or de facto), sabotage, nuclear incidents, epidemics / pandemic, strikes over which it has no control, or the failure of any institution whose consent is required for the performance of any obligation hereunder to provide such consent. The right of relief will apply irrespective of whether the cause of prevention or delay occurs before or after the agreed time for such obligations.

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Relief from liability for non-performance by reason of the provisions of this clause will commence on the date on which TH gives notice of the impediment relied upon and will terminate upon the date on which such impediment ceases to exist.

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PERSONAL INFORMATION

In this clause, the terms “personal information”, “processing”, “data subject”, “processing” and “personal data” will have the meanings assigned to them in as defined in applicable law, including the Protection of Personal Information Act, 4 of 2013 and the General Data Protection Regulation (EU) 2016/679 (collectively, “Data Protection Laws”).

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Notwithstanding anything to the contrary, our processing, collection, use, sharing and handling of Guest personal information in connection with this Agreement is described in our privacy policy.

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LIABILITY AND INDEMNITY

Guest bears the sole and absolute responsibility for ensuring it is aware of TH’s exclusion of liability and indemnity and that it has the necessary travel documentation and comprehensive travel insurance (including medical and emergency travel expenses). TH cannot be held responsible for any amendment to scheduled air timetables or discontinued flights and all or any additional costs incurred related thereto. 

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All persons entering TH’s Property and/or using any facilities and/or participating in activities on the Property do so entirely at their own risk. TH, its officers, employees, agents, representatives, subsidiaries, affiliates, controlling or holding companies and insurers, past and present will not be liable or responsible for any personal injury, harm, death, loss of support or any other damages of any nature whatsoever, whether arising from negligence or any other cause whatsoever.

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Without derogating from the generality of the aforegoing, parents and guardians who enter the Premises do so on the basis that they assist any child accompanying them, in contracting as aforesaid and, undertake to indemnify, hold harmless and absolve TH from any and all claims whatsoever that may arise in connection with any personal injury, harm, death, loss of support or damages of any nature whatsoever, whether arising from negligence or any other cause whatsoever, suffered by any such child.

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To the extent permitted by applicable law, TH will not be liable to Guest or any third party for any indirect damages (including consequential, extrinsic, special or incidental loss or damages which will include but not be limited to loss of property or loss of profit, business, goodwill, revenue or anticipated savings), or aggravated damages.

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Guest will indemnify, defend, and hold TH harmless from any and all damages claimed by any third party against TH relating to or arising from the Agreement or provision of the services.

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BREACH

Should Guest fail to comply with any of its obligations or commit a material breach of this Agreement, and fail to remedy such default or breach within five (5) business days after having received written notice to do so, TH will be entitled to either hold Guest to the Agreement or cancel the Agreement and claim damages. TH will have the right to retain all monies paid by the Guest pending the determination of such damages and thereafter to set off the amount retained against the amount owing.

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GENERAL

This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

The TH Party to enforce any provision of this Agreement will not affect in any way its right to require performance of the provision at any time in the future, nor will the waiver of any subsequent breach nullify the effectiveness of the provision.