TERMS AND CONDITIONS

Introduction

The following information describes how our relationship works. When you register a booking with Eagle Forest Inn, submit enquiries, and respond to quotes via our website or affiliated advertising sites, or in any way utilise any other services offered via our website, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms do not continue to use the Eagle Forest Inn website.

Definitions

“Business Day” means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;

“Business Hours” means the hours between 08h00 and 17h00 on a Business Day;

“CPA” means the Consumer Protection Act;

“Effective Date” means the date on which you accepted the terms and conditions for a service or product, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, including telephonic acceptance;

“ECT Act” means the Electronic Communications and Transactions Act, 2002;

“Intellectual Property Rights” means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;

“Longstay Booking” means a reservation for a period in excess of 30(thirty) continuous days;

“Marks” means any trademarks, logos, brand names, domain names or other marks of Eagle Forest Inn;

“NCA” means the National Credit Act of 2005

Conclusion of Agreement and ECT Act

You warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement is signed by a person acting in a representative capacity on behalf of you, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to Eagle Forest Inn at any time will be true, accurate and complete. Eagle Forest Inn reserves the right to treat all misrepresentations by you as a fraud and you indemnify Eagle Forest Inn against any loss or damage that you may sustain resulting from such misrepresentation.

The provisions of the ECT Act apply.

You acknowledge that Eagle Forest Inn will provide you with an opportunity in respect of all electronic transactions to:

  • review the entire electronic transaction;
  • correct any mistakes; and
  • withdraw from the transaction, before finally placing the order.

Eagle Forest Inn is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandii and certain other information available to you when you enter into electronic transactions with Eagle Forest Inn. This information is available on our Website.

Bookings

  1. Inititial deposit 40%.
  2. Payment of initial deposit to be paid within 5 days of booking.
  3. Balance due on/before arrival.
  4. Changes in booking on arrival not accepted.

Cancellations

In the event of a cancelled booking, the following will apply:

No show or cancellation within 14 days of stay – No refund due.

Cancellation between 15 and 30 days before stay – 25% of the deposit will be refunded.

Cancellation between 60 and 30 days before stay – 50% of the deposit will be refunded

Cancellation more than 60 days before stay – 75% of the deposit will be refunded.

On arrival or during the stay – the full payment due for the entire booking will be retained

For all Longstay Bookings (30 days and longer), where a cancellation occurs within 24 (twenty-four) hours of arrival, the following applies:

Full payment was done for only 30days – 50% refunded.

Full payment was done for longer than 30 days – amount over the 30 days’ full refund

Refunds

On receipt of a request from a customer to cancel the reservation, Eagle Forest Inn will:

  • Eagle Forest Inn will then refund the relevant amount (if any) to the customer within 3 (three) working days of having received the cancellation request and same having cleared in our bank account.
  • In the event of customers cancelling because of illness or death in their immediate family, Eagle Forest Inn will do a refund after application has been done in writing/email to us with documented proof of such death or illness. We reserve the right to determine what percentage will be refunded.

Certain bank charges may apply on settlement. For example, if your bank account is located outside of South Africa, bank charges including SWIFT fees and the cost of converting the payment into your local currency may be charged by your bank in order to deposit the funds into your account. You agree to accept these costs.

Service Delivery and Interruptions

Eagle Forest Inn will use reasonable endeavors to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.

Eagle Forest Inn will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this.

Payment Breach

Should you, fail to pay any amount on the due date for payment then Eagle Forest Inn may, without prejudice to any of its other rights:

  • take all such further steps as may be necessary to recover the outstanding amount (including all legal costs actually incurred by us in recovering or attempting to recover the sums outstanding) from you, including without limitation the use of debt collection mechanisms; and if the debt arises from an agreement which is a credit agreement, then in accordance with the collection and repayment practices as prescribed in the NCA;
  • charge interest at the rate of 2% above the prime overdraft rate published by Eagle Forest Inn’s bankers from time to time on the overdue amount, calculated from the due date until the date of payment (both dates inclusive), which interest, if charged, will be capitalised monthly;
  • terminate this agreement with immediate effect.

Breach

Should you be in breach of any provision of this agreement Eagle Forest Inn shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:

  • afford you a reasonable opportunity to remedy the breach; or
  • suspend your access to a service;
  • cancel all agreements concluded between us; or
  • claim immediate performance and/or payment of all your obligations in terms hereof.

Warranties and Indemnity

You hereby warrant the following:

  • You have the right to enter into this agreement;
  • You will at all times act in a lawful manner and ensure compliance with all applicable laws and regulations; and
  • All information provided by you is accurate and true in all material respects.

You hereby indemnify Eagle Forest Inn unconditionally and irrevocably and agree to hold Eagle Forest Inn harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Eagle Forest Inn or instituted against Eagle Forest Inn as a result of (without limitation):

  • your use of our services;
  • your failure to comply with these terms and a provision of any agreement concluded between us;
  • any unavailability of, or interruption in the service;
  • Your failure to comply with the provisions of any piece of law or regulations applicable to you; and
  • any other cause whatsoever relating to our provision of services to you.

Disclaimer and Limitation of Liability

To the extent permitted by applicable law, Eagle Forest Inn shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that Eagle Forest Inn is liable to you for any damages, Eagle Forest Inn liability to you for any damages howsoever arising shall be limited to the of R1000.00 (one thousand rand) only.

General

Amendments: Eagle Forest Inn reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

Intellectual Property: Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.

Whole Agreement: This agreement constitutes the sole record of the agreement between the parties with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

Non-Variation: No addition to, variation of, or agreed cancellation of, this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.

Waiver: No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

Jurisdiction: You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by us arising out of this Agreement, provided that we shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.

Costs: Should Eagle Forest Inn, instruct an attorney pursuant to any breach or failure to perform any obligation on your part (the part of Contracting Party, or be required to direct any correspondence to you regarding such breach or failure to perform, then without prejudice to any other rights which Eagle Forest Inn may have, it shall be entitled to recover from you all legal costs incurred by it, whether or not legal proceedings are instituted against you, on an attorney and own client scale including tracing fees and collection commission and which costs shall be payable on demand and shall not be required to be taxed