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A. TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND/OR THE SERVICES OFFERED VIA THIS WEBSITE BY CITY LODGE HOTELS LIMITED ('TERMS')
1. Introduction
City Lodge Hotels Limited ("City Lodge", "we", "us" or "our"), registration number 1986/002864/06 is committed to providing service of the highest standard to all who access the City Lodge website ("website") and respecting their concerns about privacy and security. These terms have therefore been prepared to inform you of the principles governing the use of this website.
By accessing and using any of the services offered via the website you agree to be bound by the terms and conditions set out herein. Do not access and use the site if you do not agree to be bound by these terms. City Lodge 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 we kindly request that you review these terms and conditions periodically as your continued access or use of the website shall be deemed to signify your acceptance of the amended terms and conditions. City Lodge 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.
2. Use of the Website
The reservations feature of this website is provided solely to assist you with information about our hotels and to make legitimate reservations. You agree that the reservations facilities of this website shall be used only to make legitimate reservations and that abuse of this website may result in you being denied access to such facilities, at the sole discretion of City Lodge.
You agree to abide by these terms and conditions in respect of any reservations or other services for which fees may be charged and that you are responsible for all charges, fees, duties and taxes arising out of the use of this website (as well as for any use of your account by others, including any person under the age of eighteen years).
3. Disclosures required by section 43 of the Electronic Communications and Transactions Act, 25 of 2002
The required disclosures are displayed as a link from this website and are deemed to form part of these terms and conditions. [Click link]
4. Copyright, intellectual property and trademarks
The content on the website including all registered and unregistered trade marks, logos and other graphics, constitutes the intellectual property of City Lodge and all data and information communicated to or from the website remains the sole property of City Lodge.
You may view, electronically copy and print portions of the website for your personal use and for purposes of making online reservations. Any other use, including reproduction other than as aforesaid, amendment/modification, or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
5. Links to third party websites
The website may contain links to other websites carrying information produced by third parties. These links are not to be interpreted as constituting a relationship between City Lodge and such third party or any endorsement by City Lodge of such third party, its products, services or the content of its website. Accordingly the use of or reliance on third party links is at your own risk and City Lodge shall not be held responsible or liable for the contents, use or inability to use or access any third party website or any links contained in any third party website.
6. Advertising
It is our intention to only send you email communications that will be useful to you and that you want to receive. When you create a personal account, join the Lodger Club, or make a reservation and provide your email address, we will periodically contact you via email and provide information about special offers and promotions that may be of interest to you. These communications will relate to City Lodge offers which may also include the promotions of select, reputable third parties with whom City Lodge has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. When we make use of third-party email service providers to send the aforesaid emails, these service providers are prohibited from using your email address for any purpose other than to send City Lodge related email.
Should you not wish to receive these e-mail communications, please send an e-mail to info@citylodge.co.za.
7. Verification
You acknowledge and agree that City Lodge 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 City Lodge 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 City Lodge and you will be bound by such details with no liability whatsoever attaching to City Lodge in regard thereto.
You waive any rights you may have or obtain against City Lodge arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that City Lodge acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify City Lodge 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 City Lodge has acted on your instructions or instructions which purport to emanate from you.
8. System Availability
City Lodge shall use reasonable endeavours to keep the system available and maintain full system functionality at all times. You agree that City Lodge shall not be liable to you or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service.
City Lodge reserves the right to discontinue providing the website or the service without notice to you.
9. Warranties, disclaimer and exclusion of liability
You warrant that every instruction and all information given by you to City Lodge shall be accurate, true and correct. City Lodge makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the website, its content and/or accuracy thereof, any services provided via this website or the suitability of any of the services for a particular purpose or the effectiveness of any security or encryption facilities.
City Lodge does not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components.
City Lodge, its directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you, the recipient of any services or any third party arising from or as a result of the conclusion of any agreement for the services, or as a result of or which may be attributable (directly or indirectly) to your use of or reliance on the website, including any information provided thereon, 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 the website; the efficacy of any security or encryption facilities; or the internet and you indemnify and hold City Lodge harmless 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.
You agree that you will not, in using the website, infect it with any computer programming, including but not limited to a virus, that may damage, interfere with, delay or intercept data or information on the website and you indemnify and hold City Lodge harmless for any damage or loss caused by any such act.
10. Privacy policy
Your privacy is very important to City Lodge. To help protect your privacy, we adhere to the following guidelines. - City Lodge will explicitly request information that is required to personally identify you or which will allow City Lodge to contact you ('personal information'). Personal information is generally requested when making reservations, joining the Lodger Club or Corporate Club, registering to use this website, when requesting a particular service, when sending feedback or when entering a competition.
City Lodge will use your personal information to operate the websites, provide services, and to inform you of new features and services to enable us to process, validate and verify reservations 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 info@citylodge.co.za. City Lodge shall be entitled to disclose personal information if required to do so to (a) comply with applicable law or with legal process served on City Lodge; (b) to protect and defend the rights or property of City Lodge, 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.
11. Securing the Transmission and Storage of Information
The information provided by you will be treated as confidential, subject to City Lodge's policies and procedures regarding the protection and use of confidential information.
When we ask you for credit card data, it is transferred over a Secured Sockets Layer (SSL) line, provided you are using a SSL enabled browser such as Microsoft Internet Explorer or Netscape Navigator. We also use SSL on other select pages where you would enter personal information. This ensures that your information is encrypted as it travels over the Internet. This secure mode is enabled before any personal information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from "http" to "https."
Once information reaches City Lodge, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of City Lodge. As the laws relating to the securing of personal information vary by country, City Lodge may put additional measures in place. Information collected on the websites covered by this privacy statement is generally processed and stored in South Africa.
12. Cookies
Our website uses "cookie" technology. "Cookies" are encrypted strings of text that a website stores on a user's computer. Our website requires the use of a cookie throughout the online reservation process. Without cookies we will not be able to retain and store the information you enter on multiple pages. For example, unless City Lodge can remember the dates you used in your hotel search, we will not be able to check room availability. Cookies also enable us to customize our website and offerings to your needs and provide you with a better online experience on www.citylodge.co.za. In addition, cookies are used to:
Allow registered users to sign in without typing their sign-in name each time;
Measure usage of various pages on our website to enable us to make our information more pertinent to your needs and easy for you to access;
Provide functionality such as online reservations, Lodger Club transactions and other functionality that we believe would be of interest and value to you.
The types of cookies that we use are referred to as "session" cookies and "persistent" cookies. Session cookies are temporary and are automatically deleted once you exit the website. Persistent cookies remain on your computer hard drive until you delete them. Cookies are not used to ascertain any personal information and cookies do not corrupt or damage your computer, programs, or computer files.
You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so will adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our website.
13. Governing law
These terms and conditions shall be governed in all respects by the laws of the Republic of South Africa.
14. Jurisdiction
If either party institutes any proceedings against the other party arising from these terms and conditions or any matter related thereto, then the party against whom such proceedings are being instituted consents to the 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.
15. General
These terms and conditions constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior oral and written agreements.
No failure or delay on the part of City Lodge in exercising any right or remedy hereunder or enforcing these terms and conditions shall operate as a waiver thereof.
Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation. 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. If any provision should be held to be invalid, unenforceable or unlawful then it shall be severable from the rest and the remaining provisions shall continue in full force and effect.
16. Force majeure
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.
In the event that either party is prevented from carrying out its obligations in terms hereof by reason of force majeure lasting continuously for a period of 7 (seven) 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 7 (seven) days thereafter, City Lodge 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.
17. Ending a session
You must sign out of the website once you have finished using the City Lodge website. If you do not do this, unauthorised transactions may result, for which we will not be liable.
RESERVATION TERMS AND CONDITIONS FOR ONLINE BOOKINGS
- Public and Lodger Club members
18. Reservation information
A payment gateway is operational on this website. Therefore any credit card details supplied will be charged instantly, should the transaction be successful the reservation will be confirmed and the deposit posted onto your reservation.
All major credit cards will be accepted.
Charges and refunds will always be processed in South African Rands.
Credit cards are the only form of payment accepted.
The card used to make a reservation must be presented at time of check in along with valid identification.
Payment in respect of other services rendered by City Lodge shall be payable by you on departure from the hotel in question.
Comments and queries with regard to payments should be emailed with full detail to the relevant hotel concerned with the booking.
You agree that this transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act 2002 (as amended) and that a binding agreement has been concluded between City Lodge and you in terms of which you authorize the City Lodge hotel at which a reservation has been made to deduct from, or to debit, the credit card the amount owing for services rendered or to be rendered and that your written signature shall not be required for authorisation purposes.
All accommodation provided in terms of any reservation made on this website will be subject to the standard City Lodge terms and conditions of residence of the City Lodge hotel concerned. By clicking the "Payment Policy" button, you signify and accept all terms and conditions contained in this website.
19. Rate information and availability
Rates on offer on this site are only available in respect of online bookings.
Rates are subject to availability, possible fluctuations over special events or peak periods and are subject to review.
Rates indicated for a "double per person sharing" are based on two persons sharing a room and are charged per person sharing per night unless otherwise stated.
Rates are for accommodation only, are subject to a 1% tourism levy, are inclusive of VAT are nett and non-commisionable and do not include any meals.
You will be charged for the accommodation and 1% tourism levy for the original reservation that is processed online at the time of making the reservation. Any amendments to the original reservation resulting in changes to your accommodation charge will be processed according to policies in points 21 or 22 below.
Certain special promotions carry their own rates and terms and conditions, which apply accordingly.
20. Peak periods and non-peak periods
City Lodge distinguishes two different periods with regard to refunds for cancellations and amended bookings determined as "peak periods" and "non-peak periods"
Peak Periods are as follows:
All Courtyard hotels, City Lodge, Town Lodge and Road Lodge hotels based in cities and towns across the country that are situated on the coast ("Coastal Hotels") over Christmas and New Year.
24 December 2009 to 4 January 2010.
Non-peak periods are those that fall out of the above peak periods. Should your booking span both a peak period and non-peak period, the peak period conditions will apply.
21. Payment terms and conditions for bookings during non peak times
If a reservation is extended online the hotel will take payment in respect of the additional accommodation charges at the time of check-in.
If you reduce the number of nights stay and the arrival date is within 14 days of arrival, any refund that may be due will be processed at the time of check-out from the hotel.
If you reduce the number of nights stay and the arrival date is more than 14 days from arrival, the refund for the reduced number of nights will be processed by the hotel within 7 days of you informing the hotel and no additional penalties will be incurred. In such event you are required to e-mail the details of the change to the relevant hotel for processing, failing which your refund will not be processed and the initial payment processed will reflect on your account at time of check in.
Should you cancel your reservation prior to 12 midday on the day of arrival you will be refunded within 7 days of the cancellation process.
Should you cancel your reservation after 12 midday on the day of arrival you will be charged for the first night’s accommodation and the remainder nights will be refunded by the hotel within 7 days. Please ensure you email all required details to the respective hotel.
In the event of a 'no show' you will be charged for the first night's accommodation and the remainder nights will be refunded by the hotel within 7 days. Please ensure you email all required details to the respective hotel.
22. Payment terms and conditions for bookings during peak times - cancellations
Should you cancel your reservation within a two week period of your expected arrival date you will not be refunded.
Should you cancel your reservation more than two weeks before your expected arrival date you will be refunded by the hotel within 7 days. Please ensure you email all required details to the respective hotel.
23. Payment terms and conditions for bookings during peak times - reduction of nights stay
Should you reduce the number of nights stay within a two week period of your expected arrival date you will not be refunded.
Should you reduce the number of nights stay more than two weeks before your expected arrival date you will be refunded by the hotel on check-out. Please ensure you email all required details to the respective hotel.
24. Payment terms and conditions for bookings during peak times - extension on nights stay
If you extend your original reservation online and prior to your check-in, the hotel will take payment in respect of the additional accommodation charges at the time of check-in.
25. Payment terms and conditions for bookings extending over peak and non-peak times - cancellations and reduction of nights stay
Should you cancel or amend your reservation that extends over both a peak and non peak period the provisions of clause 21 above will apply, with the necessary changes, to the non peak period portion and the provisions of clauses 22 and 23 above will apply, with the necessary changes, to the peak period portion of your reservation.
26. Confirmation of reservations
If a transaction is authorised by the bank you will receive on screen confirmation of your reservation.
Should the transaction be declined by the bank, you will receive notification of this on screen and no reservation will be held for you at the hotel.
On confirmation of a reservation on screen, an e-mail and sms (providing you have supplied a cellular number) will be generated and dispatched to you. The e-mail address provided by you will be used to send the confirmatory e-mail. Only South African mobile phone numbers will be sent the confirmation by sms. It is advised that you print the confirmatory e-mail and present same to the hotel at time of check-in.
