TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND/OR THE SERVICES OFFERED VIA THIS WEBSITE BY THE SOWETO HOTEL ON FREEDOM SQUARE
A. WEBSITE TERMS AND CONDITIONS
Zatic Management (Pty) Ltd on behalf of Freedom Square Hotel (Pty) Ltd ("The Soweto Hotel on Freedom Square") provides the information and services offered to you via this website ("services") subject to the terms and conditions set out herein. By accessing The Soweto Hotel on Freedom Square website ("website") and using any of the services and information offered via the website from time to time you shall be deemed to have agreed to all the terms and conditions set out herein. The Soweto Hotel on Freedom Square may at any time modify these terms and conditions and your continued use of the website will be subject to the terms and conditions in force at the time of your use. Accordingly you agree to review these terms and conditions periodically, and your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions of the website. Terms and conditions relating to special offers, which are, from time to time, contained elsewhere on the website, shall, to the extent that those terms and conditions conflict with the terms and conditions contained in this Agreement, take precedence over the conflicting provisions of this Agreement.

1. Use of the Website

  1. The Soweto Hotel on Freedom Square reservations feature of this website is provided solely to assist you in determining the availability of travel-related goods and services and to make legitimate reservations. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including without limitation any person under the age of eighteen years of age). You agree that the reservations facilities of this website shall be used only to make legitimate reservations. You understand that overuse or abuse of the reservation facilities of this website may result in you being denied access to such facilities, at the sole discretion of Southern Sun.
  2. For any reservations or other services for which fees may be charged, you agree to abide by these terms and conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

2. Content of the Website

Whilst every effort is made to update the information provided on this website on a regular basis, The Soweto Hotel on Freedom Square makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on any of the pages comprising the website and shall not be bound in any manner by any information contained on the website or any of the pages comprising the website. The Soweto Hotel on Freedom Square reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of this website. No opinions, information, data or content contained on the website shall be construed as advice and same are offered for information purposes only. The Soweto Hotel on Freedom Square gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.

3. Copyright and Intellectual Property Rights

This website is solely for your personal and non-commercial use. Copyright and all intellectual property rights in all materials made available through this website are owned by The Soweto Hotel on Freedom Square alternatively, The Soweto Hotel on Freedom Square is the lawful user thereof and is protected by both South African and international intellectual property right laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of The Soweto Hotel on Freedom Square alternatively The Soweto Hotel on Freedom Square are the lawful users of the trademarks. Nothing contained on this website should be construed as granting any licence or right to use any trademarks without the prior written permission of The Soweto Hotel on Freedom Square are trademarks owned by Zatic Management (Pty) Ltd and these may not be used without its permission.

4. External Links

External links may be provided for your convenience, but they are beyond the control of The Soweto Hotel on Freedom Square and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website's terms and conditions of use. No hypertext links shall be created from any website whether controlled by you or otherwise to this website without the express prior written permission of The Soweto Hotel on Freedom Square.

5. Children

If you are under 18 years of age, you may use this website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of this website and the services. You agree to supervise all usage by minors of this website under your name or account.

6. Verification

  1. You acknowledge and agree that The Soweto Hotel on Freedom Square shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet which purports to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which purport to emanate from you and which are sent to The Soweto Hotel on Freedom Square by way of the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by The Soweto Hotel on Freedom Square and you will be bound by such details with no liability of whatever nature attaching to The Soweto Hotel on Freedom Square in regard thereto.
  2. You waive any rights you may have or obtain against The Soweto Hotel on Freedom Square arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that The Soweto Hotel on Freedom Square acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify The Soweto Hotel on Freedom Square against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that The Soweto Hotel on Freedom Square has acted on your instructions or instructions which purport to emanate from you.

7. System Availability

The Soweto Hotel on Freedom Square will use reasonable endeavours to maintain full system availability, except during scheduled maintenance periods.

8. Warranties

  1. You warrant that every instruction and all information given by you to The Soweto Hotel on Freedom Square shall be accurate, true and correct.
  2. The Soweto Hotel on Freedom Square makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, any services provided via this website or the suitability of any of the services for a particular purpose. As The Soweto Hotel on Freedom Square provides certain services to you via the Internet, The Soweto Hotel on Freedom Square makes no representations, nor gives any warranties or guarantees of any nature as to the availability of any communications network or systems of any third party on whom you or The Soweto Hotel on Freedom Square rely to provide any of the services.

9. The Soweto Hotel on Freedom Square Statement of Privacy

Your privacy is very important to The Soweto Hotel on Freedom Square. To help protect your privacy, we adhere to the following guidelines. -

  1. The Soweto Hotel on Freedom Square will explicitly ask when they need information that personally identifies you or allows them to contact you ("Personal Information"). Generally this Personal Information is requested when making reservations, registering to use this website, when requesting a particular service, when sending feedback or when entering a competition.
  2. The Soweto Hotel on Freedom Square will use your Personal Information to operate the site, provide services, and to inform you of new features, services, and products, to enable us to process, validate and verify reservation and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website; to improve and develop new features and services; to alert you to new services and special offers and for other purposes
  3. Should you not wish us to use the Personal Information, please send an e-mail to reservations@sowetohotel.co.za
  4. The Soweto Hotel on Freedom Square shall be entitled to disclose Personal Information if required to do so to (a) comply with applicable law or with legal process served on The Soweto Hotel on Freedom Square; (b) to protect and defend the rights or property of The Soweto Hotel on Freedom Square, and (c) for the purposes of distributing same to various third parties who are involved in the provision of the services provided in accordance with these terms and conditions.
  5. You should also be aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of "cookies." "Cookies" are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on the website.

10. Security

  1. Any information provided by you on this website cannot be viewed by anyone else over the Internet.

11. General

  1. Any claim, dispute or impasse relating to these terms and conditions shall by governed by the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or these terms and conditions or any matter related to or in connection therewith.
  2. These terms and conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of The Soweto Hotel on Freedom Square in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. Headings are for convenience only and not for use in interpretation of these terms and conditions.
  3. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
  4. Delay or failure to comply with or breach of any of these terms and conditions if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so failing, will not be deemed to be a breach of these terms and conditions nor will it subject either party to any liability to the other.

Should either party be prevented from carrying out its obligations by force majeure lasting continuously for a period of 30 (thirty) days, the parties will consult with each other regarding the future implementation of these terms and conditions. If no mutually acceptable arrangement is arrived at within a period of 30 (thirty) days thereafter, The Soweto Hotel on Freedom Square shall be entitled to terminate all of its rights and obligations in terms of or arising from these terms and conditions and/or any service forthwith on written notice.

B. DISCLAIMER
The Soweto Hotel on Freedom Square shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your use of or reliance on any information provided on and via the website or any pages of the website, any e-mails sent from the website, services provided via this website, any viruses that may infect your computer or other property on account of your access to and/or use of this website, use of content, data or information made available via the website, any failure, delay or unavailability of the website or any services offered via the site for any reason whatever and the supply, or failure or delay in supplying any of the services offered via the website and you indemnify and hold harmless The Soweto Hotel on Freedom Square in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.
C. RESERVATIONS TERMS AND CONDITIONS FOR THE SOWETO HOTEL ON FREEDOM SQUARE
  1. Words importing any one gender include the other two genders and single shall include plural, natural persons include created entities (corporate or unincorporate) and the state and vice versa.
  2. A guest, by signing the registration form, warrants that he is duly authorised to sign and bind his principal, as well as each member of his accompanying party, to these terms and conditions, and failing such authority, he agrees to be personally liable for all amounts arising from his residence at the The Soweto Hotel on Freedom Square, as well as the residence of any member of this accompanying party.
  3. The guest undertakes to vacate his room by 11h00 on the day of departure, and to return his room key to reception.
  4. The guest and his principal agree to pay to the owner not later than the time of departure (unless prior written arrangements have been made with the hotel management) the room rate as determined by The Soweto Hotel on Freedom Square for the period of residence together with any amounts incurred by the guest and his accompanying party in respect of food, beverages, tourism levy, any other commodity or service charged by the guest to his room and/or Value Added Tax (if applicable).
  5. The guest acknowledges that the room rates may be subject to change without prior notice.
  6. A certificate from the hotel management, whose authority need not be approved, shall constitute prima facie proof of the indebtedness of the guest and/or his principal and/or principal member/s of his accompanying party and of the particulars therein for all purposes including any action instituted by The Soweto Hotel on Freedom Square against the guest and/or members of his accompanying party.
  7. The guest acknowledges and accepts that the owner and/or the hotel management do not accept cheques in respect of any indebtedness, unless prior written arrangements have been made.
  8. The guest agrees that after his departure, The Soweto Hotel on Freedom Square may possess goods left behind and authorizes The Soweto Hotel on Freedom Square after giving one month’s notice to the address registered by the guest of its intention to do so to sell same, privately or publicly, at The Soweto Hotel on Freedom Square’s discretion at such price as The Soweto Hotel on Freedom Square may determine and offset proceeds of such sale against possible indebtedness or to hold such proceeds for a period of one year pending any claims by the guest for those proceeds failing which they shall be deemed as having been donated to The Soweto Hotel on Freedom Square.
  9. The owner and its subsidiaries, hotel operators and their respective directors, employees and agents are not liable for any loss or damage:

    -  to the propriety or possessions of any guest, whether such damage is caused by fire, theft or otherwise, or by the negligent act or omission or breach of contract of the owner, its subsidiaries, hotel operators and their respective directors, employees and agents;

    - arising from death, or any personal injuries, of whatsoever nature including but not limited to injuries to dignity or reputation (collectively referred to as “injuries”), sustained by a guest, whether such injuries are caused by the negligent act or omission or breach of contract by the owner and its subsidiaries, hotel operators and their respective directors, employees and agents and/or by the defective functioning of any apparatus.


    Without derogating from the generality of the clauses set out above, under no circumstances whatsoever shall the owner and its subsidiaries, hotel operators and their respective directors, employees and agents be liable to any guest, for any loss or damage, howsoever sustained arising from or connected with the guest taking part in or undertaking any activities, receiving any treatment or using any accommodation, services or facilities rendered or provided by the owner and its subsidiaries, hotel operators and their respective directors, employees and agents, or by third parties or service providers whether they be contracted to the owner and its subsidiaries, hotel operators and their respective directors, employees and agents or not, it being understood that such services, activities, treatment or accommodation are undertaken by or used by the guest at his own risk.

    The guest and/or his/her estate hereby indemnifies the owner and its subsidiaries, hotel operators and their respective directors, employees and agents against any claim, action, judgment, costs and/or expenses which may be made against or instituted against them or incurred by them in respect of:

    -  any loss of, or damage to, the property or possessions of himself or herself or of any other guest or to the hotel premises or hotel property;

    -  death or any personal injuries or loss or damage of whatsoever nature, or injuries to dignity or reputation, sustained by a guest or any employee, agent or director of the owner, its subsidiaries and hotel operator;


    arising from or connected to the guest making use of the facilities, services, accommodation or receiving treatment or taking part in any activities of whatsoever nature.
  10. Any amounts not paid when due will bear interest at the prime rate of interest charged by our bankers at the time plus 5%.
  11. The parties choose as their domicillium citandi et execulandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature the address reflected on the reverse idea.
  12. The parties consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that any party shall have the right at its sale option and discretion to institute proceedings in any other competent court.