GENERAL TERMS AND CONDITIONS FOR ACCOMMODATION SERVICES PROVIDED BY MYNHARDT GUEST MANOR (PTY) LTD

1. SCOPE

1.1 These general terms and conditions applies to the provision of accommodation services by Mynhardt Guest Manor (Pty) Ltd, trading as MGM Wilderness (hereafter referred to as “the guesthouse”)

1.2 The General Terms and Conditions can be obtained electronically at www.mgmwilderness.com or viewed at reception.

2. CONCLUSION OF CONTRACT & DEPOSIT

2.1 The accommodation contract comes into effect upon the guest’s acceptance of the guesthouse’s written quotation and must be expressly accepted by the guest.

2.2 The deposit required at the time of making the reservation serves as confirmation of the booking. Any booking not confirmed by payment of a deposit shall not be deemed a confirmed booking.

2.3 By entering into an accommodation contract, the contractual partner acquires the right of acceptable use of the reserved rooms and all guesthouse facilities.

3. HOUSE RULES

All guests are expected to obey the stipulated house rules. These house rules will be made available and explained when checking in and are available on request.

4. ARRIVAL & DEPARTURE

4.1 Booked rooms are made available to the guest on the day of arrival after 14:00. Guests are expected to clear the room by 11:00 on the day of departure.

4.2 Check in times are between 14:00 and 20:00 on the day of arrival. Guests are strongly advised to notify the guesthouse timeously in the event of arrival after 20:00 on the expected date. Not notifying the guesthouse accordingly will be deemed as a no-show and dealt with according to the payment rules for a “no-show”.

4.3 The guests(s) should expressly note that since the guesthouse is not a hotel, there will not be a 24-hour reception service. However, the manager on duty will be present on the premises and will be contactable should assistance be needed after hours.

4.4 Check-out is from 08:00 to 11:00 on the day of departure. Guests are requested to advise the front desk before 20:00 on the day prior to departure if they wish to check out earlier.

4.6 A request for late check could be considered as an exception and will based on availability and requirements for readiness for new guests checking in on the same day.

4.7 Guests wishing to extend their stay by one or more days should contact front desk in good time to ascertain if there is availability.

5. BREAKFAST

Breakfast will be served from 08:00 to 10:30 but may be served outside these hours on prior arrangement.

6. PRICES

6.1 Prices as posted on the website on the day of the booking are applicable for the stay.

6.2 VAT is included in all the invoices.

6.3 The contractual partner will be liable for any transactional costs by a foreign bank account.

7. TERMS OF PAYMENT

7.1 All payments due by a guest are due in full prior to departure unless a previously agreed arrangement is in place.

7.2 The guesthouse will require an advance payment in the form of a deposit from the guest, which will be payable at the time of making the booking. No booking will be regarded as confirmed without the receipt of a proof of payment of the deposit.

7.3 In case of damage to the property, whether accidental or intentional, the guesthouse may invoice the guest for the costs to repair the damages, which will be payable on the day of departure.

8. CANCELLATION

8.1 The following cancellation conditions apply to guests:

8.1.1 Up to 30 days prior to check in – free of charge and a full refund of the deposit

8.1.2 Between 15 and 30 days prior to check in – 50% of the full accommodation fee will be charged as cancellation fee

8.1.3 Less than 15 days prior to check in – 100% of the full accommodation fee will be charged as cancellation fee.

8.2 Upon cancellation, an additional 7% administration fee will be subtracted from the total refundable amount as per cancellation policy.

8.3 No shows will be charged at 100% of the full accommodation fee.

8.4 In the event where guests may be checking out before the agreed departure date, the full accommodation fee will be charged at 100% and no refunds will be payable.

9. PROVIDING ALTERNATIVE ACCOMMODATION

9.1 The guesthouse may allocate the contractual partner alternative accommodation with the same standard, if it is acceptable to the contractual partner and realistically justifiable. A realistic justification is for example due to an over-booking or due to important company internal reasons which make these measures necessary. Any additional costs incurred under these circumstances are to be paid by the guesthouse.

10. CESSATION OF THE ACCOMMODATION CONTRACT

10.1 The contract ceases at the end of the accommodation duration and the final payment.

10.2 Should the contractual partner depart prematurely, the guesthouse is entitled to charge the full amount agreed upon.

10.3 The guesthouse is entitled to end the contract with immediate effect for valid reasons, especially when the contractual partner or guest:

10.3.1 Acts in a seriously detrimental manner in and around the guesthouse - spoils or makes cohabitation impossible for other guests, the owners and/or their staff or any other third parties staying in the guesthouse due to his inconsiderate, objectionable or otherwise grossly unseemly behaviour; or when he acts in a criminal manner towards these persons and by doing so threatens their property, morals or personal safety.

10.3.2 Misuse alcohol on the premises or has any illegal substance in his possession or in the possession of any party accompanying the guest.

10.3.3 Has or develops a contagious illness or an illness that lasts longer than the duration of the stay in the guesthouse or requires medical care.

10.4 Should the fulfilment of contract be made impossible due to events considered an act of nature beyond control (e.g. natural events/acts of God; strikes; lockouts; official decrees, etc.), the guesthouse is entitled to cancel the contract at any time without adherence to a cancellation period, provided the contract is not already considered terminated by law, or when the guesthouse has already been freed of his obligation to provide accommodation. Further events such as load-shedding or water cuts by local municipalities shall also be deemed to be acts beyond the control of the guesthouse.

11. LIABILITY

11.1 Neither the guesthouse, nor any of their directors, employees or representatives shall be liable for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by the guests and/or any other person on the premises. The guest and/or any other person indemnify the guesthouse and their directors, employees or representatives against any claim arising from any cause in connection with the delivery of services, save in the event that such loss or damage arises from gross negligence or wilful misconduct on the part of the guesthouse or any of their directors, employees or representatives.

11.2 Notwithstanding the foregoing, nothing in these terms and conditions is intended to exclude or limit any of the rights of the guests as stipulated in the Consumer Protection Act 68 of 2008 or any other applicable law.

11.3 Guests use the guesthouse and recreational facilities at their own risk. The guesthouse is not liable for deficiencies not immediately recognisable when acting with due diligence, or for damages resulting thereof. A reduction in price due to said damages or deficiencies may not be demanded.

11.4 The guesthouse will provide safe parking on the premises behind closed gates. The contractual partner understands and agrees therefore that the guesthouse will not be responsible for any loss or damage to vehicles or property left inside the vehicles. Vehicles are parked entirely at own risk.

11.5 Valuable items need to be placed in the safe provided in each room. If the safe is not tampered with, the guesthouse will not be liable for any missing valuables.

12. MISCELLANEOUS

12.1 Subletting or re-letting, as well as the use of guesthouse rooms for purposes other than residential, requires the prior, written consent of the guesthouse.

12.2 The contractual partner does not have the right to demand an extension of stay. Should the contractual partner give timely notice of his desire to extend his stay, the guesthouse can then agree to the extension of the accommodation contract, if feasible. The guesthouse is however, not obliged to extend the contract.

12.3 No animals of any kind are allowed in the guesthouse interior or outdoor facilities.

12.4 South African law requires the guest house to collect a copy of your ID or Passport at the time of check in.

12.5 Smoking is not allowed in the rooms or anywhere inside the guesthouse. Dedicated smoking areas are however, made available outside. Failure to comply with the smoking policy inside the house will result in an additional cleaning fee which is equivalent to 50% of the room rate.

The guests need to acknowledge that the guesthouse may require to collect personal information for the purposes of providing the service to you. The guesthouse will not pass on or have any economic gain from any personal information collected, including name, contact details and credit card detail, unless with explicit consent or request from the guest.

Mynhardt Guest Manor is using the Channel Management Software and Booking Button Software of the software licence holder, SiteMinder. SiteMinder is PCI DSS compliant.