PLEASE RESPECT OUR PROPERTY AND THE USE THEREOF.
TERMS AND CONDITIONS OF RESIDENCE – RIGHT OF ADMISSION RESERVED
|1. An expression which denotes any gender includes the other genders, a natural person includes an artificial or juristic person, the singular includes the plural and vice versa. Bistro on Rose CC and Bay View Overnight Accommodation referred to as “Bay View” includes its directors, employees, managers, agents, representatives and contractors as well as the property owner.
2. The Guest, by signing this registration card, warrants that he is duly authorised to sign for and bind all persons represented by him and/or for whom he is responsible and/or for whom he is arranging accommodation at Bay View (“his party”), to these conditions of residence and failing such authority in respect of any member or his party, agrees, that in addition to any other remedies Bay View may have against him, for breach of this warranty, to be personally liable for all amounts arising from the residence of himself and his party at Bay View and indemnifies Bay View against any claim made by any member of his party, as contemplated in clause 4 below.
3. The Guest accepts full liability for all additional charges incurred by him and his party during the tenure at Bay View. All amounts incurred by the Guest will be invoiced and all such invoices are due and payable on presentation or before the guest checks out. Any queries of specific items shall not affect immediate payment of any other outstanding amount.
4. The Guest hereby agrees on behalf of himself and the members of his party that it is a condition of his/their residence at Bay View that Bay View shall not be responsible for any injury or harm to or death of any person (or any minor dependant of that person) or for the loss or destruction or for the damage to any property or any damages of any other kind (as well as that of any minor dependant), including but not limited to, pure economic loss and a claim for loss of support occurring upon the premises, whether arising from fire, theft, drowning, or any cause of whatsoever nature or kind and by whomever caused, whether arising from the negligence (gross or otherwise) or wrongful act of any person in the employment of or contracted to Bay View or otherwise Furthermore, the Guest hereby indemnifies and holds harmless Bay View and such persons against any claim, as contemplated above, that may be made against Bay View and/or such persons by any person occupying the room together with the Guest or any invitee of the Guest. The Guest and his party may hand to Bay View for safekeeping money and/or valuables, whereupon a receipt will be issued accordingly.
5. The Guest and each of his party agree that Bay View shall have lien over all items brought by the Guest or any member or his party onto the premises of Bay View for all amounts due to Bay View by the guest or any member of his party, no matter how and when such debt occurred.
6. Notwithstanding the amount which may at any time be owing, the guest consents in terms of Section 45 of the Magistrate’s Court Act (No32 of 1944, as amended) to the jurisdiction of the Magistrate’s Court in any action or proceeding otherwise beyond its jurisdiction, it being understood however that Bay View shall at all times be entitled to bring any such action or proceedings in the High Court. If any such actions be necessary, the Guest agrees to pay all costs and disbursements as between attorney and client and collection commission. A certificate from the manager of Bay View shall constitute prima facie proof of the indebtedness of the Guest and/or his party.
7. The Guest chooses domicilium citandi et executandi for all purposes at the physical address listed by the Guest on this registration.
|8. No changes, alterations, variations or cancellation of any of these conditions shall be binding on Bay View unless agreed thereto by Bay View in writing. These conditions and the Guest’s stay at Bay View shall be governed by and construed in accordance with the laws of the republic of South Africa.
9. No warranties or representations, whether express or implied not stated herein shall be binding on the parties.
10. All the information contained in any website, brochure or other media form is subject to alteration at any time without prior notice and Bay View will not be bound to comply exactly therewith. Bay View shall not be held liable for any inaccuracies in any website, brochure or other information supplied by it or on behalf of it and Bay View shall not be held liable for any accidents or happenings arising out of such faulty information.
11. Advices, recommendations or opinions by representatives of Bay View are given and expressed in good faith and shall not constitute representations of any description, and shall not give rise to any claim against Bay View or such representatives.
12. If any provision hereof is held to be unenforceable by any court of law, such provision shall be severable from these conditions and shall not affect the remaining provisions, which shall remain in full force and effect.
13. Bay View does not accept any responsibility or liability for the safe custody or loss of or damage or destruction to any property stored or left in the room and/or on any other part of Bay View’s premises, whether as a result of wilful, grossly negligent or negligent or other wrongful act of any person, whether it be in the employ of Bay View or otherwise or from any other cause whatsoever and however arising. The Guest agrees that after his departure, or that of any other member of his party, Bay View may retain goods left behind by him and/or any member of his party, for a period of two weeks, pending any claims by the Guest and/or any member of his party, failing which the goods shall be forfeited to Bay View to dispose of as they see fit.
14. The Guest and all persons occupying the room together with the Guest and all invitees of the Guest, hereby indemnify Bay View against any claim, action, judgement, costs or expenses which may be made or instituted against Bay View in respect of any loss of or damage to property or possessions, or the death of or personal injuries, including injuries to dignity or reputation, sustained by him, arising from or connected to the Guest making use of any facilities, services, accommodation or receiving treatment or taking part in any activities of whatsoever nature.
15. No waiver made by Bay View to the Guest shall be valid unless in writing and any such waiver shall be construed strictly as relating to the matter in respect whereof it has been made and no indulgence by Bay View shall operate as an estoppel against it in respect of any of its rights hereunder, nor shall it operate so as to prelude Bay View thereafter from exercising its rights strictly in accordance with these terms.
16. The Guest shall be precluded from raising any complaint or disputing liability to Bay View in any way unless he shall have notified Bay View of his complaints or grounds of dispute, in writing within 7 (seven) days after the departure date.
17. The Guest shall not be entitled to cede or assign the reservation to any third party nor utilise Bay Views facilities for any other purpose than that stated, without Bay View’s prior written approval.