| 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 |
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| 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. |
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1.
Use of the Website
- 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.
- 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.
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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.
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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.
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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.
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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.
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6.
Verification
- 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.
- 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.
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7. System Availability
The Soweto Hotel on Freedom Square will use reasonable endeavours to
maintain full system availability, except during scheduled maintenance
periods.
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8.
Warranties
- You warrant that every instruction and all information given by
you to The Soweto Hotel on Freedom Square shall be accurate, true
and correct.
- 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.
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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.
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- 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.
- 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
- Should you not wish us to use the Personal Information, please
send an e-mail to reservations@sowetohotel.co.za
- 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.
- 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.
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10.
Security
- Any information provided by you on this website cannot be viewed
by anyone else over the Internet.
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11.
General
- 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.
- 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.
- 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.
- 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.
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| B. DISCLAIMER |
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| 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. |
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| C. RESERVATIONS
TERMS AND CONDITIONS FOR THE SOWETO HOTEL ON FREEDOM SQUARE |
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- 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.
- 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.
- The guest undertakes to vacate his room by 11h00 on the day of departure,
and to return his room key to reception.
- 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).
- The guest acknowledges that the room rates may be subject to change
without prior notice.
- 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.
- 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.
- 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.
- 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;
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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.
- Any amounts not paid when due will bear interest at the prime
rate of interest charged by our bankers at the time plus 5%.
- 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.
- 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.
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