STANDARD TERMS AND CONDITIONS FOR BOOKINGS OF CAPE TOWN TOURISM
Cape Town Tourism, VAT number 4950213647, Pinnacle Building, Corner Burg Street and Castle Street, Cape Town ("Cape Town Tourism")
1. BOOKING SERVICE
1.1 These terms and conditions ("Terms") will apply to your booking/reservation ("Booking") through Cape Town Tourism of any accommodation/services ("Accommodation/Service") offered by accommodation and service provider members of Cape Town Tourism ("Service Provider").
1.2 Payment by you of the Deposit (as set out in 3) shall constitute your acceptance of these Terms. Upon payment of the Deposit an agreement shall be concluded between you, Cape Town Tourism and the Service Provider.
2. PRICE OF ACCOMMODATION/SERVICE
2.1 The price of the Accommodation/Service ("Price") will be:
2.1.1 as displayed on the website of Cape Town Tourism, at www.capetown.travel (“Website");
2.1.2 as confirmed to you via any agent of Cape Town Tourism's call centre / Visitor Information Centres; or
2.1.3 such other price as specifically agreed between you and Cape Town Tourism at the time of any Booking.
2.2 The Price will include value-added tax ("VAT"), but exclude any Tourism Levy (if applicable)
3. BOOKING AND DEPOSIT
3.1 You will be able to place a provisional Booking ("Provisional Booking") via telephone to the Call Centre or by email to Cape Town Tourism. The placement by you of the Provisional Booking constitutes an irrevocable offer to purchase the Accommodation/Service on these terms and conditions.
3.2 If your Provisional Booking has been received by Cape Town Tourism:
3.2.1 via an email, Cape Town Tourism shall issue you with a provisional invoice ("Provisional Invoice") setting out the Price of your Booking as well as the 11% deposit required ("Deposit");
3.2.2 via the Call Centre, Cape Town Tourism shall confirm the Price of your Booking as well as the required Deposit over the telephone. The calls to the Call Centre is recorded.
3.3 You will have 24 hours to effect payment of the Deposit in order for the Provisional Booking to become final, failing which the Provisional Booking will lapse. The Deposit must be paid into the bank account of Cape Town Tourism, the details of which will be specified in the Provisional Invoice or by the Call Centre agent.
3.4 Payment of the Deposit can be made in cash, credit card, electronic funds transfer or direct deposit. Please fax proof of payment to Cape Town Tourism at 021 – 487 6899 with your name and booking number (as set out in the Provisional Invoice or given to you by the Call Centre agent) as reference.
4. CONFIRMATION OF BOOKING
Upon receipt of the Deposit into the bank account of Cape Town Tourism, Cape Town Tourism will contact you to confirm ("Confirm", and "Confirmation" has a corresponding meaning) the details of the Booking and which will reflect the outstanding Price payable to the Service Provider upon arrival for your intended stay ("Arrival Date"). In certain instances, there might be additional payments due to the Service Provide in advance of the intended stay and the Confirmation will indicate such amounts.
In the event that you wish to cancel the Booking for any reason whatsoever, you may only do so to the extent that you have a right to do so in law, or otherwise to the extent that Cape Town Tourism agrees in writing to permit you to do so. In all such circumstances, Cape Town Tourism reserves the right to charge you a reasonable cancellation fee ("Cancellation Fee"), to the extent allowed by law, and may deduct this Cancellation Fee from the Deposit received from you.
6. LIMITATION OF LIABILITY AND INDEMNITY
6.1 To the extent allowed by law, you agree that Cape Town Tourism shall not be liable to you or any other person or entity whatsoever in respect of (and you or any such person or entity shall have no claim against Cape Town Tourism and you hereby indemnify and hold Cape Town Tourism free from liability in respect of) any loss or damage:
6.1.1 caused by or arising from any fact or circumstance beyond the reasonable control of Cape Town Tourism;
6.1.2 which is consequential or incidental loss or damage; and/or
6.1.3 of whatever nature and howsoever arising from or in connection with any Booking and/or Accommodation/Service.
This clause limits and excludes obligations, liabilities and legal responsibilities which Cape Town Tourism will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you. This clause also constitutes an assumption of risk and/or liability by you under which you indemnify Cape Town Tourism against certain liability, and may result in you being liable for additional costs and liability.
Should either party ("defaulting party") fail to observe or perform any of the terms, conditions or obligations in this Agreement and fail to remedy such breach within a period of 20 business days' prior written notice specifying the breach and requiring it to be remedied, then the other party ("innocent party") shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, immediately to claim specific performance of the defaulting party's obligations under this Agreement or to cancel any Booking and/or Sale and recover all its costs related to such cancellation.
8.1 You may provide certain personal information to Cape Town Tourism when making a Booking. This personal information may include (without limitation) your name, surname, identity number, email address and contact number ("Personal Information").
8.2 To the extent allowed by law, Cape Town Tourism will use the Personal Information for all purposes relating to these Terms, including but not limited to, executing any Booking and the facilitation of any payment of Deposits and Accommodation/Service.
8.3 Cape Town Tourism may use your personal information for future marketing purposes. You may at any time request Cape Town Tourism to stop sending you marketing communications.
8.4 To the extent allowed by law, you hereby expressly agree that:
8.4.1 Cape Town Tourism may collect, receipt, record, organize, collate, store, update, modify, retrieve, alter, consult, use, disseminate or obtain any of the Personal Information;
8.4.2 Cape Town Tourism may use the Personal Information for the purposes or in the manner as set out in clause 9.2; and
8.4.3 Cape Town Tourism may share the Personal Information with third parties, including third party service providers, during the course of performing, or for purposes of performing, any of the activities referred to in clauses 9.4.1 or 9.4.2.
8.5 You may request Cape Town Tourism at any time to correct any of your personal information should it come to your attention that Cape Town Tourism's records are incorrect.
8.6 Cape Town Tourism shall protect your personal information as required in terms of law. However, to the extent allowed by law, Cape Town Tourism shall not be liable to you or any other person or entity whatsoever, in respect of the unauthorised disclosure or use of Personal Information.
This clause limits and excludes obligations, liabilities and legal responsibilities which Cape Town Tourism will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
9.1 To the extent allowed by law, these Terms set out the whole of the agreement between you and Cape Town Tourism in regard to the subject matter thereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which you are relying in concluding these Terms and Cape Town Tourism shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
9.2 Notwithstanding clause 10.1, you may have other rights granted to you by law, in addition to those set out in these Terms, which Cape Town Tourism may not exclude. These Terms are subject and without prejudice to, and do not affect, those other rights granted by law.
9.3 No extension of time or indulgence which Cape Town Tourism may grant to you shall constitute a waiver of any of Cape Town Tourism's rights, who shall not thereby be precluded from exercising any rights against you which may have arisen in the past or which might arise in the future.
9.4 These Terms shall be governed by and interpreted according to the laws of the Republic of South Africa.
9.5 Any provision in these Terms which is or may become illegal, invalid or unenforceable shall, to the extent of such prohibition or unenforceability, be ineffective and treated as having not been written and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
10. CONSUMER PROTECTION ACT
10.1 Nothing in these Terms:
10.1.1 limit or exclude any warranties or obligations which are implied into these Terms by the Consumer Protection Act (to the extent applicable) or which Cape Town Tourism gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded;
10.1.2 does or purports to limit or exempt a party to these Terms from any liability, including (without limitation) for any loss directly or indirectly attributable to the gross negligence of such party or any person acting for or controlled by such party, to the extent that the law does not allow such a limitation or exemption.
10.1.3 limit or exclude the liability of Cape Town Tourism for death or personal injury caused to you through an act or omission of Cape Town Tourism subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this; nor
10.1.4 shall require a party to assume risk or liability, including (without limitation) for any loss directly or indirectly attributable to the gross negligence of another party or any person acting for or controlled by another party, to the extent that the law does not allow such an assumption of risk or liability.
10.2 If these Terms and/or any Accommodation/Service and/or services provided under these Terms are regulated by the Consumer Protection Act, it is not intended that any provision of these Terms contravenes any provision of the Consumer Protection Act and therefore all provisions of these Terms must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.