943 Justice Mahomed St, Brooklyn, Pretoria, 0181
0123461407
info@blackoliveguesthouse.co.za
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Terms and Conditions

Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE OF THIS WEBSITE AND/OR SERVICES OFFERED BY BLACK OLIVE GUESTHOUSE

Please read these terms and conditions of use (“Site Terms”) carefully. By accessing or using this Website (“Site”), you agree to be bound by the Site Terms described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these Site Terms, do not use this Site.

These Site Terms apply to your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with Black Olive Guest House (“Black Olive Guest House” or the “us”, “we”, “our”), its subsidiaries or affiliates and you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Black Olive Guesthouse for violations of these Site Terms.

GENERAL TERMS AND CONDITIONS OF USE

  1. Definitions
    1. Black Olive Guesthouse is a registered public company, in accordance with the Company Laws of the Republic of South Africa. It is a provider of Guesthouse accommodation in South Africa.
    2. The term “Client”, “Corporate”, “Corporate Client”, “you” or “your” are synonymous and refer to a person or an organisation who wishes to access the site for information and / or reservation purposes or the use of any services offered by Black Olive Guesthouse.
  2. Privacy Policy
    1. We are committed to protecting your privacy. Please refer to ourWebsite Privacy Policy for information on how we collect, use and disclose personal information. The terms of our Website Privacy Policy (as amended from time to time) are incorporated herein by this reference.
    2. Should you not wish us to use the personal information, please send an e-mail to info@blackoliveguesthouse.co.za.
  3. Ownership of the Site and its Contents
    1. You acknowledge that this Site is owned by, and all intellectual property rights herein vest in, Black Olive Guesthouse, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Site Content”), is owned by Black Olive Guesthouse, our licensors, advertisers or third-party content providers (as applicable).
    2. All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
    3. We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.
    4. 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.
  4. Disclosures required by Section 43 of the Electronic Communications and Transactions Act, 25 of 2002
    1. The required disclosures are displayed as a link from this website and are deemed to form part of these terms and conditions.
  5. Application of these Website Terms and Conditions of Use
    1. These Website Terms and Conditions of Use shall apply to all Clients and any member of the public wishing to interact with Black Olive Guesthouse through the Site, except where otherwise provided herein.
    2. These Terms and Conditions shall be incorporated in and shall apply consistently to every Agreement entered into between Black Olive Guesthouse and Clients, regardless of whether such Agreement is concluded orally, in writing or by digital acceptance.
  6. Use of the Site
    1. This Site and the Site Content are intended for use by Clients solely to provide information about our Guesthouses or assist in making legitimate reservations at a Guesthouse. Save as otherwise provided in any other Agreement, you may not use this Site or the Site Content for anything other than personal and non-commercial purposes. Save as otherwise provided in any other Agreement, you are specifically prohibited from: (a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or the Site Content otherwise than through your bona fide, personal, non-commercial use of the Site without, or in violation of, a written license or agreement with us; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party if you are not expressly authorised by such party to do so; and (e) using the Site or the Site Content other than for their intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
    2. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, or the country from which you export the data, the country where data is downloaded, or the country in which you reside.
    3. You agree that you may not upload any data which is malicious, false, misleading, fraudulent or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Black Olive Guest House to allow any further dealings with the Client concerned, and/or possible prosecution with the relevant authorities. In such event, you shall have no claim or claims of whatsoever nature or kind against Black Olive Guest House arising out of such cancellation.
    4. Neither Black Olive Guest House , nor any person for whom it is vicariously liable at law, will be responsible for consequences of any nature which may arise from force majeure incidents, being those beyond its control; and specifically, not limited to, any misuse of an Client’s personal data that results from the abuse or sharing of a Black Olive Guest House Client’s access codes, if applicable. On the rare occasion that this may occur, Black Olive Guest House will provide a record to indicate which Clients have had access to the information.
    5. Black Olive Guest House is committed to secure and encrypted storage of the personal information of Clients. The nature of its business is to have this information accessible to its Clients. Under no circumstances will Black Olive Guest House give or sell any information relating to Clients to third parties, or organisations it deems not to be in the business of Guesthouse reservations, or where it deems abuse of this access will occur.
    6. Abuse of this website may result in you being denied access to such facilities, at the sole discretion of Black Olive Guest House .
    7. 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 18 years).
    8. Black Olive Guest House shall use reasonable endeavours to keep the system available and maintain full system functionality at all times. You agree that Black Olive Guesthouse 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.
    9. You must sign out of the website once you have finished using the Black Olive Guesthouse website. If you do not do this, unauthorised transactions may result, for which we will not be liable.
  7. Trademarks
    1. Our logos and any other product or service name or slogan contained in the Site are registered or unregistered trademarks of Black Olive Guesthouse and our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Black Olive Guesthouse or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising “Black Olive Guesthouse”, “Black Olive Guesthouse” or any other name, trademark or product or service name of Black Olive Guesthouse without our prior written permission. In addition, the look and feel of the Site (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Black Olive Guesthouse and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
  8. Links
    1. You may not use a Black Olive Guesthouse logo or other proprietary graphic of Black Olive Guesthouse to link to this Site (or any other site) without our express written permission. Further, you may not frame any of our trademarks, logos or other proprietary information, including the Site Content, without our express written consent.
    2. We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that Black Olive Guest House’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
    3. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
  9. Advertising
    1. It is our intention to only send you e-mail communications that will be useful to you and that you want to receive. When you create a personal account,or make a reservation and provide your e-mail address, we will periodically contact you via e-mail and provide information about special offers and promotions that may be of interest to you. These communications will relate to Black Olive Guesthouse offers which may also include the promotions of select, reputable third parties with whom Black Olive Guesthouse 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 e-mail service providers to send the aforesaid e-mails, these service providers are prohibited from using your e-mail address for any purpose other than to send Black Olive Guesthouse related e-mail.
    2. Should you not wish to receive these e-mail communications, please send an e-mail to info@blackoliveguesthouse.co.za.
  10. Verification
    1. You acknowledge and agree that Black Olive Guest House 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 are sent to Black Olive Guesthouse 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 Black Olive Guesthouse and you will be bound by such details with no liability whatsoever attached to Black Olive Guesthouse in regard thereto.
    2. You waive any rights you may have or obtain against Black Olive Guesthouse arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Black Olive Guest House acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify Black Olive Guesthouse 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 Black Olive Guesthouse has acted on your instructions or instructions which purport to emanate from you.
  11. Warranties and Undertakings
    1. You undertake to conduct all dealings with Black Olive Guesthouse and other users of the Site with the utmost good faith and in accordance with all applicable laws.
    2. You warrant that every instruction and all information given by you to Black Olive Guesthouse shall be accurate, true and correct.
    3. Black Olive Guesthouse makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Site, its content and/or accuracy thereof, any services provided via this Site or the suitability of any of the services for a particular purpose or the effectiveness of any security or encryption facilities.
    4. Black Olive Guesthouse does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components.
    5. Black Olive Guesthouse, 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 Site, including any information provided thereon, services provided via this Site; any viruses that may infect your computer or other property on account of your access to and/or use of the Site; the efficacy of any security or encryption facilities; or the Internet and you indemnify and hold Black Olive Guest house 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.
    6. You agree that you will not, in using the Site, 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 Site and you indemnify and hold Black Olive Guest House harmless for any damage or loss caused by any such act.
  12. Indemnification
    1. You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site (including, without limitation, any information you disclose in any dealings you have with any other user of the Site), your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
  13. Disclaimer
    1. This Site and the Site Content are provided “as is” and we and our directors, members, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this Site or the Site Content, or the unavailability of the same, including, but not limited to, business interruption, loss of business information, loss of data, loss of profits and any direct, indirect, incidental, punitive, special or consequential damages. The functions embodied on or in the materials of this Site are not warranted to be uninterrupted or without error. You, not us, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or the Site Content. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
    2. We use reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
    3. We do not have direct control over all of the Site Content, make no representations or warranties whatsoever in respect thereof and expressly disclaim any liability in connection therewith. If you find the Site Content, or any part thereof, offensive or believe that any of the Site Content infringes upon any copyright that you own or control, you may file a notification of such complaint or infringement as set forth in clause 14 below.
  14. Limitation of Liability
    1. In no event shall we, our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, delict (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Site Content or the materials or services contained in or accessed through the Site, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to Black Olives Guest Houses records, programs or services. In no event shall our aggregate liability, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to us for access to or use of the Site.
  15. Governing Law
    1. These Site Terms are governed by and will be interpreted according to the laws of South Africa and all disputes, claims and other matters in connection with these Site Terms will be determined in accordance with such laws and in the Courts of South Africa who have jurisdiction to hear the matter.
  16. Termination
    1. Notwithstanding any of these Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to restrict or block your use of the Site.
  17. Miscellaneous Provisions
    1. These Site Terms (as varied from time to time in accordance with clause 15 below) constitute the sole record of the agreement between you and us in relation to your use of the Site. Neither you nor us will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Site Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Site. Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Site by virtue of a separate written agreement with Black Olive Guest House . If this applies to you, these Site Terms must be read in conjunction with such agreement which takes precedence over these Site Terms in the event of any conflict.
    2. Failure or neglect by us to enforce at any time any of the provisions of the Site Terms will not be construed as a waiver of our rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by us.
    3. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
    4. Any rights not expressly granted herein are reserved.
  18. Changes to Site Terms
    1. Black Olive Guest House reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this Site.
  19. Contact Information
    1. Questions or comments about the Site or Site Terms may be directed to info@blackoliveguesthouse.co.za or by mail to 943 Justice Mahomed Street Brooklyn Pretoria.

RESERVATION TERMS AND CONDITIONS

  1. Black Olive Guest HouseGeneral Terms for all Reservations
    1. Any reservation and use of the facilities at Black Olive Guesthouse is subject to the Standard Terms and Conditions of Residence.
    2. By clicking the “Terms and conditions” button, you signify and accept all terms and conditions contained in this Site.
    3. Guests will be required to produce an authentic form of identification at time of check-in; acceptable forms of identification are South African Identity book or valid passport of which a copy will be taken and securely stored.
    4. We have identified different types of bookings which have their own unique terms and conditions that can be found on www.blackoliveguesthouse.co.za
      1. Non Peak-period Booking
      2. Peak period Booking
      3. Group Booking
      4. Same day arrival booking
      5. 4PM non guaranteed booking
      6. Long Stay Booking
    5. This site has an operational payment gateway and any credit card details supplied will be charged immediately, with all successful transactions credited to the reservation number and reflected on the guests tax invoice on departure.
    6. Bookings on this site can be processed without any form of payment or guarantee excluding same day bookings and peak period bookings All charges and refunds will be processed in the Guesthouses local currency
    7. Black Olive Guesthouse accepts all major credit cards.
    8. The card used to make a reservation must be presented at time of check-in along with valid matching identification.
    9. Full payment in respect of other services rendered by Black Olive Guesthouse shall be payable by the resident prior to departure from the Guesthouse.
    10. Queries with regard to payments or invoices should be emailed to the selected Guesthouse with the full details of the booking.
  2. Black Olive Guest Housewebsite Rates are:
    1. Valid for online bookings only
    2. Subject to availability, possible fluctuations over peak periods and are subject to change without prior notification.
    3. Website rates are net and Non Commissionable
    4. Inclusive of the prescribed value added tax (VAT) and exclusive of tourism levy
    5. Allow for a room only rate or packaged Bed & Breakfast rate on a single or double basis (Triple in road lodges).
    6. Bed and Breakfast packaged rates are non refundable or transferable. The breakfast is applicable for the morning after the nights’ accommodation.
    7. Rates indicated for a “double” are based on two persons sharing a room
  3. Accepted Forms of Payment
    1. Black Olive Guesthouse accepts all major credit cards on the website
    2. You agree that the 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 Black Olive Guest House and you in terms of which you authorise the Black Olive Guest House 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.
    3. When making a booking you are able to select different payment options including:
      1. 4PM hold
      2. Instant payment to guarantee and confirm your reservation
        1. For a successful authorisation by the bank you will receive on screen confirmation of your reservation.
        2. For a unsuccessful authorisation by the bank you will receive notification of this on screen and no reservation will be held for you at the Guesthouse.
    4. If a company has existing credit facilities with Black Olive Guesthouse, and such booking is made on these credit terms, the Guesthouse will accept the standard form of guarantee from the company to secure the booking e.g. voucher, order, company letter from authorised personnel.
  4. Advance Deposit Requirement
    1. A booker is welcome to make a cash payment to Black Olive Guest House that is convenient to their location. It is the responsibility of the booker to transmit the receipt and notify the Guesthouse where the booking is made of this payment. Cash only payments will be received. Not permissible for cross border payments.
  5. How to Guarantee your reservation
    1. 4PM hold is a form of a non guaranteed booking and this means that you are able to reserve a room at one of our Guesthouses. Should you not arrive by 4PM on the day of arrival, your reservation is cancelled and the Guesthouse is able to resell the room.
    2. To Guarantee a reservation, we will require prepayment prior to your arrival in the forms of:
      1.  Credit card which has been processed online
      2. Cash payment paid at the Guesthouse before 4PM on the day of arrival
      3. EFT payments need to be made within 7 (seven) days of receipt of the pro forma invoice which you would receive from the individual Guesthouse. It is the responsibility of the traveler to request the pro forma invoice from the Guesthouse directly. Once the payment has been processed, the booker or bookers company needs to notify the Guesthouse by forwarding the proof of payment via email or fax as indicated on the pro forma invoice.
  6. Amendments and Cancellations:
    1. Any amendments or cancellation to the original reservation resulting in changes to your accommodation charge will be processed according to the relevant booking policy.
  7. Non-Peak period Booking Terms:
    1. Non-peak periods are those that fall out of a peak period. Should your booking span both a peak period and non-peak period, the peak period conditions will apply.
    2. 4PM hold reservations can be made during non-peak periods
    3. To guarantee your reservation for non-peak periods we request that you process a payment for one nights accommodation charge plus tourism levy.
    4. Should you need to amend or cancel your booking reserved during a non-peak period we allow for this to happen up to the day prior to arrival before 12PM (midday) to avoid any cancellation penalties.
    5. For no show reservations during non-peak periods, a charge of one nights accommodation will be incurred.
    6. All other standard terms and conditions will apply as indicated on the www.blackoliveguesthouse.co.za site
  8. Peak period Booking Terms:
    1. Definition: “Peak period” means a period during which demand for accommodation is high.
    2. All bookings where wither the arrival or departure dates fall into a peak period, the peak period terms and conditions will apply.
    3. No 4PM hold reservations can be made during peak periods
    4. Guarantee your reservation during peak periods;
      1. Bookings processed 30 (thirty) or more days prior to arrival:
        1. Payment must be made in full within 7 (seven) days of receiving the Guesthouse’s pro forma invoice. Failing to do so will result in the booking being cancelled automatically.
      2. Bookings processed less than 30 (thirty) days prior to arrival:
        1. Payment must be made within 48 (forty-eight) hours of receiving the Guesthouse’s pro forma invoice. Failing to do so will result in the booking being cancelled automatically.
      3. It is the responsibility of the traveler to request the pro forma invoice from the Guesthouse directly. Once the payment has been processed, the booker or bookers company needs to notify the Guesthouse by forwarding the proof of payment via email or fax as indicated on the pro forma invoice. An EFT payment can take up to 48 (forty-eight) hours to reflect in the Guesthouse’s bank account.
    5. Should you need to amend or cancel your booking reserved during a peak period;
      1. 14 (fourteen) days or more prior to the initial booked arrival date to qualify for a full refund and no cancellation fee.
      2. 13 (thirteen) days or less prior to the booked arrival will qualify for a 50% (fifty percent) refund of the cancellation total.
    6. Bookings that are cancelled or reduced, the cancellation charge is on the portion of the booking that is cancelled. For example, if the booking was for 8 nights and is reduced to 4 nights, thereby cancelling 4 nights, the guest will be refunded 2 nights and the Guesthouse will charge the cancellation fee for 2 nights. Minimum charge: 1 night’s accommodation.
    7. A booking can be extended subject to availability in the Guesthouse, but in this instance, immediate payment for the extended stay will be required.
    8. For no show reservations during peak periods, a full reserved charge will be applied and charged. No Show rooms will be released at 12PM the day after the original arrival date and resold accordingly.
    9. All other standard terms and conditions will apply as indicated on the www.blackoliveguesthouse.co.za site
  9. Same Day Terms
    1. A booking made on the same day of the arrival will require a 100% full prepayment.
    2. This booking will then be held all night as a guaranteed booking.
    3. Should the booking be cancelled before 12PM midday on the day of arrival, please email the confirmation of cancellation to the respective Guesthouse to request a refund.
    4. Should the booking be cancelled after 12PM midday on the day, no refund will be granted for the first night. If the booking is for multiple nights, the Guesthouse will refund the additional nights less the first night accommodation.
    5. A same day booking can be amended to a later arrival date before 12PM midday on the expected day of arrival. Only online amendments apply and the reserved Guesthouse cannot be changed.
    6. All other standard terms and conditions will apply as indicated on the www.blackoliveguesthouse.co.za site
  10. 4PM Hold reservations
    1. 4PM hold is a form of a non guaranteed booking and this means that you are able to reserve a room at one of our Guesthouses.
    2. Should you not arrive by 4PM on the day of arrival, your reservation is cancelled and the Guesthouse is able to resell the room.
    3. 4PM hold reservations are not available during peak periods, same day reservations or group bookings.
    4. All other standard terms and conditions will apply as indicated on the www.blackoliveguesthouse.co.za site
  11. Group Booking Terms:
    1. Definition: “Group Booking” means a booking of 10 rooms or more reserved by the same booker for a similar period in 1 (one) or more Guesthouses.
    2. Group bookings require full prepayment prior to the group arrival
    3. No 4PM group bookings will be reserved.
      1. Group Bookings processed 45 (thirty) or more days prior to arrival:
        1. A 10% deposit of the total charges must be made within 7 (seven) days of receiving the Guesthouse’s pro forma invoice to confirm the rate and total of rooms reserved on the groups behalf. Failing to do so will result in the booking being cancelled automatically.
        2. A second deposit amounting to 50% of the total value of the booking is payable on 21 days prior to arrival.
        3. Balance of the group payment is then due to the Guesthouse no more than 15 days prior to the group arrival.
      2. Group Bookings processed between 21 and 45 (thirty) days prior to arrival:
        1. A 50% deposit of the total group must be made within 48 (forty-eight) hours of receiving the Guesthouse’s pro forma invoice. Failing to do so will result in the booking being cancelled automatically.
        2. Balance of the group payment is then due to the Guesthouse no more than 15 days prior to the group arrival
        3. to the group arrival.
      3. Group Bookings processed with a lead time of less than 21 days prior to arrival:
        1. A 100% full prepayment of the group invoice is payable to the Guesthouse within 48(forty-eight) hours of making the booking or prior to the group arrival for a same day group booking.
      4. Same day Group bookings
        1. Subject to the Guesthouse’s availability
        2. Full prepayment is required prior to the group arrival at the booked Guesthouse in accordance with the payment forms.
        3. No same day EFT’s proof of payments will be accepted as EFT’s take up to 48hours to reflect in the Guesthouses account.
  12. Group Booking Cancellation Clause
    1. Between date of confirmation and 46 days prior to arrival the 10% deposit will be forfeited and retained by the Guesthouse in the forms of a group cancellation fee.
    2. Between 16 and 45 days prior to group arrival, a 60% deposit will be forfeited and retained by the Guesthouse in the forms of a group cancellation fee.
    3. Between 1 and 15 days prior to group arrival, a 100% deposit will be forfeited and retained by the Guesthouse in the forms of a group cancellation fee.
    4. Should the group not materialize as per the number of rooms reserved, the booker will be held liable for the total number of rooms reserved and quoted for.
    5. All other standard terms and conditions will apply as indicated on the www.blackoliveguesthouse.co.za site
  13. Long Stay Booking Terms:
    1. Definition: “Long stay Booking” means a booking of 25 consecutive nights or more at the same Guesthouse.
    2.  Accommodation charges are to be paid in full at the time of arrival
    3. Should the stay be 29 nights or more, BLACK OLIVE GUEST HOUSE applies a VAT rebate which is automatically calculated on the guests stay. South African Guesthouses only.
    4. This VAT rebate will reflect on the guests Tax Invoice once the invoice has been settled in full on departure.

CREDIT TERMS

1 GENERAL

  • 1.1 “The/this Credit Application” means this incidental Credit Application and credit terms.
  • 1.2“Black Olive Guesthouse” means Black Olive Guesthouse, Registration Number 2014/190691/07
  • 1.3“Black Olive Guesthouse Agreement” means the latest version of the credit terms and the Guesthouse Terms and Conditions of Residence on the website.
  • 1.4“Customer” means the legal entity which requires the credit facility in terms of the completed Credit Application form and shall include its administrators, trustees, assigns or liquidators as fully and effectually as if they had signed this Agreement in the first instance.
  • 1.5“Website” means www.blackoliveguesthouse.co.za
  • 1.6These are the credit terms applicable on date of completion of the Credit Application. Black Olive Guesthouse shall be entitled to amend these credit terms and conditions from time to time by uploading the latest version thereof on the website.  No latitude, extension of time or other indulgence, which may be given or permitted by Black Olive Guesthouse to the Customer, shall operate as a waiver or novation or otherwise affect any of Black Olive Guesthouse’s rights in terms of or arising from this Agreement.
  • 1.7The clause headings contained in this Agreement are not be used in the interpretation hereof.
  • 1.8Each reference in this Agreement to:
    • 1.8.1 the singular includes the plural and vice versa;
    • 1.8.2 a gender, includes the other genders; and
    • 1.8.3 a person means and includes any individual, company, close corporation, partnership, association, firm joint venture, trust, unincorporated organisation, association or any other legal entity, in each case, whether having distinct legal personality or not.

2 CHANGE OF CONTROL

  • 2.1The Customer hereby undertakes in favour of Black Olive Guest House that:
    • 2.1.1 The Customer shall notify Black Olive Guesthouse in writing of any change in the control and/or ownership of the Customer and/or its business not less than 30 (thirty) days prior to the effective date of any such change;
    • 2.1.2 If the Customer is a local, provincial or governmental department then the Customer undertakes to notify Black Olive Guesthouse of any change of name of such governmental department or change of the name of the authorised representative.
    • 2.1.3 The Customer shall notify Black Olive Guesthouse in writing of any change of address and/or telephone number and/or other contact details of the Customer and/or its business in writing, not less than 30 (thirty) days prior to the effective date of any such change.

3 CREDIT FACILITY

  • 3.1The Customer hereby acknowledges and specifically agrees that any credit facility granted to the Customer by Black Olive Guesthouse, following upon Black Olive Guesthouse’s approval of the Credit Application form, may be summarily withdrawn by Black Olive Guesthouse at any time and without any prior notice to the Customer.  The decision as to whether or not to grant a credit facility to the Customer and whether or not to subsequently withdraw such credit facility is in the sole, absolute and unfettered discretion of Black Olive Guesthouse.
  • 3.2The Customer hereby unconditionally authorises Black Olive Guesthouse and its employees:
    • 3.2.1 to conduct credit enquiries relating to the Customer, by accessing any credit bureau or related database; and
    • 3.2.2 to transmit details of the Customer to any credit bureau as to how the Customer has performed in meeting its obligations in terms of a Black Olive Guesthouse Agreement concluded between Black Olive Guesthouse and the Customer and to share such information with other credit grantors; and
    • 3.2.3 in the event that the Customer fails to meet its obligations with Black Olive Guesthouse, in respect of a Black Olive Guesthouse Agreement, to notify and record the Customer’s non-performance with any credit bureau; and
    • 3.2.4 to record the consent of the Customer that any and/or all information disclosed by Black Olive Guesthouse to any credit bureau, in respect of the Customer, may be assessed by other credit grantors and used by them in making risk management decisions; and
    • 3.2.5 to attend to the recordal of the existence of the Customer’s account with Black Olive Guesthouse by any credit bureau.
  • 3.3Black Olive Guest House shall at any time be entitled to request security in the form of a deposit, guarantee or surety in a format acceptable to Black Olive Guesthouse, from the Customer and to refuse to grant a credit facility in the event that the Applicant fails to provide the required security.

4 PRICE, PAYMENT AND INTEREST

  • 4.1Each and every invoice to the Customer shall be paid by the Customer to Black Olive Guesthouse, without any deduction or set off of any nature whatsoever, in accordance with the details set out in such invoice.
  • 4.2The payment terms in respect of each and every invoice to the Customer shall be strictly 30 (thirty) days calculated as from the date of statement.
  • 4.3In the event of the amount payable in terms of any invoice not being paid in full by the Customer to Black Olive Guesthouse on the applicable due date thereof and Customer failing to make payment within 20 (twenty) days of date of written demand by Black Olive Guesthouse for payment, interest shall accrue on the amount of such overdue amount at the prime overdraft interest rate of Black Olive Guesthouse’s bankers plus 3% from the due date, to the date of full payment of such overdue amount.
  • 4.4In the event of the Customer defaulting on any payment obligation to Black Olive Guesthouse and Customer failing to make payment within 20 (twenty) days of date of written demand by Black Olive Guesthouse for payment, any discounts previously allowed by Black Olive Guesthouse in respect of the Customer’s said payment obligation, shall be cancelled and interest on the full pre-discount amount shall accrue in accordance with the provisions of clause 4.3.
  • 4.5The Customer’s liability or indebtedness to Black Olive Guesthouse shall include all amounts invoiced by Black Olive Guesthouse from time to time and Black Olive Guesthouse shall not be limited to any credit facility granted to the Customer.

5 BREACH

  • 5.1Should the Customer fail to make payment to Black Olive Guesthouse in terms of clause 4 above, then without prejudice to any other rights and/or remedies which Black Olive Guesthouse may have in terms of any Agreement with the Customer, or at law:
    • 5.1.1 Black Olive Guesthouse shall be entitled to suspend its further obligations to the Customer;
    • 5.1.2 Black Olive Guesthouse shall be entitled to cancel any and all Agreements with the Customer;
    • 5.1.3 Any amounts not yet paid for by the Customer shall immediately become due, owing and payable by the Customer to Black Olive Guesthouse.
    • 5.1.4 Black Olive Guesthouse shall further be entitled to retain all payments previously made to it by the Customer either as a penalty or as a genuine pre-estimate of its liquidated damages, or to claim such damages from the Customer as Black Olive Guesthouse may have sustained by reason of the event of default and to set off the payment amounts so retained against the damages when determined.
  • 5.2The aforementioned rights are without prejudice of Black Olive Guesthouse’s right to claim such damages to which it may be entitled.
  • 5.3The Customer agrees to pay, on demand, all legal costs incurred by Black Olive Guesthouse, calculated on the attorney and own client scale including collection commission, tracing fees and the like.

6 GOVERNING LAWS/JURISDICTION

  • 6.1The Credit Application shall in all respects, be governed and construed in strict accordance with the laws of the Republic of South Africa and all disputes, actions and other matters which may arise in connection with the relationships established by this Credit Application, or otherwise, as a result of this Credit Application, shall be determined in accordance with such laws.
  • 6.2The Customer shall comply with all legislation applicable to the transactions envisaged under of this Agreement including, but not limited to, the Companies Act, the Prevention and Combating of Corrupt Activities Act, the Public Finance Management Act,
  • 6.3The Customer, in accordance with the Magistrate’s Court Act No. 32 of 1944, as amended, hereby consents to the jurisdiction of the Magistrate’s Court having applicable jurisdiction, notwithstanding that any claim by Black Olive Guesthouse, exceeds the jurisdiction of the Magistrate’s Court as to value. Black Olive Guesthouse shall nevertheless in its sole and absolute discretion to be entitled to institute proceedings against the Customer in the High Court of South Africa.

7 AUTHORISATION

  • 7.1The Customer warrants that the person executing this document is lawfully authorised to conclude this transaction on behalf of the Customer.
  • 7.2The following documents shall be provided to Black Olive Guesthouse on request:
    • 7.2.1 If Customer is a Company, Close Corporation or Trust – Business Incorporation Documents;
    • 7.2.2 If Customer is a sole proprietor – Identity document;
    • 7.2.3 If Customer is a governmental department – a letter on an official governmental letterhead from the departmental head authorising the execution of this document;
    • 7.2.4 Proof of VAT Registration, if applicable;
    • 7.2.5 Proof of principle place of business.
    • 7.2.6 If Customer is a Company, Close Corporation, Trust or governmental department – a resolution authorising the entity to enter into this transaction with Black Olive Guest House ;
  • 7.3Black Olive Guest House has no obligation to verify any authorisation or the authenticity of the aforementioned documentation and the Customer indemnifies Black Olive Guest House against any loss, damages, costs, claims, expenses, fines, penalties or the like arising from a breach of this clause 7.

8 DOMICILIA

  • 8.1The Customer hereby chooses its domicilium citandi et executandi for all purposes, including the service of all process, at the physical address of the Customer as recorded in the Credit Application.  In the event of the Customer not being resident, or normally conducting business within the Republic of South Africa, the Customer hereby irrevocably and unconditionally consents and submits to the jurisdiction of the High Court of South Africa.
  • 8.2Black Olive Guest House hereby chooses its domicilium citandi et executandi for all purposes including the service of all process at “The Lodge”, 943 Justice Mahomed Street Brooklyn Pretoria 0011.

 

TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND/OR THE SERVICES OFFERED VIA THIS WEBSITE BY BLACK OLIVE GUEST HOUSE GUESTHOUSES LIMITED (“TERMS”)

INTRODUCTION

Black Olive Guesthouse (“Black Olive Guesthouse”, “we”, “us” or “our”), registration number 2014/190691/07, is committed to providing service of the highest standard to all who access the Bid2Stay website (“website”).  These terms have therefore been prepared to inform you of the principles governing the use of this website and the terms on which Black Olive Guesthouse offers you access to our services.

Please read these terms carefully. By accessing or using computer software and/or material via this website, you (the “user” or “you”) agree to be bound by the terms contained herein and by all terms, policies and guidelines incorporated by reference.  If you do not agree to all of these terms, do not use this website.

These terms apply to your use of this website and do not alter in any way the terms or conditions of any other agreement you may have with Black Olive Guesthouse, its subsidiaries or affiliates.

You represent and warrant that you are over the age of 18 and are lawfully able to accept these terms. If you are using the website on behalf of any entity, you further represent and warrant that you are authorised to accept these terms on such entity’s behalf, and that such entity agrees to indemnify Black Olive Guesthouse for violations of these terms.

A. GENERAL TERMS AND CONDITIONS OF THE WEBSITE

This website is owned by Black Olive Guesthouse and pertains only to auctions in respect of Black Olive Guesthouse. It is an auction website whereby a select number of rooms are put on auction for a specific period. Guests are however able to book the arrival and departure dates outside of the bid period however these rates will not be charged at the bid rate, they will be at the public rate.

Black Olive Guesthouse 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.

Black Olive Guesthouse 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.

USE OF THE WEBSITE

The reservations feature of this website is provided solely to assist you with information about our Guesthouses 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 Black Olive Guest House.

You are specifically prohibited from:

  • manipulating or otherwise displaying the website or the website content by using framing or similar navigational technology;
  • registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party if you are not expressly authorised by such party to do so;
  • using the website or the website content other than for their intended purpose.
  • Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
  • 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).

DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002

The required disclosures are displayed on this website and at www.blackoliveguesthouse.co.za and are deemed to form part of these terms and conditions.

COPYRIGHT, INTELLECTUAL PROPERTY AND TRADEMARKS

The content on this website including all registered and unregistered trade marks, logos and other graphics, constitutes the intellectual property of Black Olive Guesthouse and all data and information communicated to or from the website remains the sole property of Black Olive Guesthouse and is protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions.

You may view, electronically copy and print portions of the website for your personal use and for purposes of making online reservations.

You may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the content, that being software and/or material.  You may not use a Black Olive Guesthouse logo or other proprietary graphic of Black Olive Guesthouse to link to this website (or any other site) without our express written permission. Any such actions are strictly prohibited and constitute an unlawful infringement of our intellectual property rights.

The look and feel of the website (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Black Olive Guesthouse and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Requests for permission regarding any issue relating to the content which fall into the ambit of the limitations stated above, including the use of metatags or any other HTML tags, comments or hidden text utilising “Black Olive Guesthouse” or any other name, trademark or product or service name of Black Olive Guesthouse, can be made by contacting the Black Olive Guesthouse contact person listed herein.

You are also strictly prohibited from creating works, and/or software materials derived from or which are based on the contents found on this website. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.

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 Black Olive Guesthouse and such third party or as an endorsement by Black Olive Guesthouse of such third party, its products, services or the content of its website. No inference can be made or representation implied that Black Olive Guesthouse is connected with, operates or controls these linked web sites.

The use of or reliance on third party links is at your own risk and Black Olive Guesthouse 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.

Whether or not these linked sites are in fact affiliated with Black Olive Guesthouse, Black Olive Guesthouse is not responsible for the content on the aforesaid sites.

The links sites are for your convenience only and your access thereto is at your own risk. When visiting linked sites, you must refer to that linked site’s individual terms of use and you cannot rely on the terms of this agreement

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 an account and/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 Black Olive Guesthouse offers which may also include the promotions of select, reputable third parties with whom Black Olive Guesthouse 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 Black Olive Guesthouse related email.

Should you not wish to receive these e-mail communications, please send an e-mail to info@blackoliveguesthouse.co.za.

VERIFICATION

You acknowledge and agree that Black Olive Guesthouse 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 Black Olive Guesthouse 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 Black Olive Guesthouse and you will be bound by such details with no liability whatsoever attaching to Black Olive Guesthouse in regard thereto.

SYSTEM AVAILABILITY

This website is provided “as is” and on an “is available” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non- infringement, title, security and compatibility.

Black Olive Guesthouse shall use reasonable endeavours to keep the system available and maintain full system functionality at all times. You agree that Black Olive Guesthouse 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.

Black Olive Guesthouse reserves the exclusive right to discontinue providing the website or the service or any aspect or feature of Black Olive Guesthouse without notice to you and Black Olive Guesthouse shall not be liable to you or any other person in respect of any loss or damage arising from the discontinuance of the service.

WARRANTIES, DISCLAIMER AND EXCLUSION OF LIABILITY

You undertake to conduct all dealings with Black Olive Guesthouse and other users of the website with the utmost good faith and in accordance with all applicable laws.

You warrant that every instruction and all information given by you to Black Olive Guesthouse shall be accurate, true and correct and you agree that the use of the website is at your sole risk.

You waive any rights you may have or obtain against Black Olive Guesthouse arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Black Olive Guesthouse acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify Black Olive Guesthouse 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 Black Olive Guesthouse has acted on your instructions or instructions which purport to emanate from you.

Black Olive Guesthouse 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.

Black Olive Guesthouse does not warrant that the functions provided by the website will be uninterrupted or error free or that the errors will be corrected, or that the website or the server that makes it available are free from viruses or other harmful components.

Black Olive Guesthouse, 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 Black Olive Guesthouse 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 Black Olive Guest House harmless for any damage or loss caused by any such act.

PRIVACY POLICY

We are committed to protecting your privacy. Please refer to our websitePrivacy Policyat www.blackoliveguesthouse.co.za for information on how we collect, use and disclose personal information. The terms of our website Privacy Policy (as amended from time to time) are incorporated herein by this reference.

Should you not wish us to use your personal information, please send an e-mail to info@blackoliveguesthouse.co.za, however please be aware that this may mean that we are unable to allow you to use this website, make a reservation or make use of any of the services we offer.

SECURING THE TRANSMISSION AND STORAGE OF INFORMATION

The information provided by you will be treated as confidential, subject to Black Olive Guesthouse’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 Black Olive Guest House , it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of Black Olive Guesthouse. As the laws relating to the securing of personal information vary by country, Black Olive Guesthouse may put additional measures in place.

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 Black Olive Guesthouse can remember the dates you used in your Guesthouse 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.blackoliveguesthouse.co.za.

In addition, cookies are used to:

Allow registered users to complete a booking without having to fill in the details 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, 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.

GENERAL

These terms and conditions shall be governed in all respects by the laws of the Republic of South Africa and all disputes, claims and other matters in connection with these website terms will be determined in accordance with such laws and in the Courts of South Africa who have jurisdiction to hear the matter.

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.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

No failure or delay on the part of Black Olive Guest House 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.

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, Black Olive Guesthouse 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.

B. RESERVATION TERMS AND CONDITIONS FOR ONLINE BOOKINGS

RATE INFORMATION AND AVAILABILITY

Rates on offer on this website are only available in respect of online bookings and provided that the correct spinning and bid procedure which is displayed on the website is correctly followed.

A select number of rooms at selected Guesthouse for a specific date range are added to the bid2stay site periodically and these are the nights that can be bid for to receive a discount and/or other value added benefits. Should a guest wish to book for additional nights that are not part of the auction period, these nights will not be discounted at all.

The site does not allow guests to book on the ……. site if there is not a night on which they can bid included in the guests required stay, they will be asked to book this room on ……. and different rates will apply.

Guests are able to amend the dates so the arrival and/or departure dates fall outside of the bid period however these rates will not be charged at the bid rate, they will be at the walk in/standard rate published.

 

 

 

RESERVATIONS ARE GUARANTEED

All reservations made on this site are paid in full at time of booking and are therefore guaranteed.

Bookings cancelled more than 48 hours of expected arrival will incur a 50% (fifty percent) cancellation charge and the balance will be refunded to the guest. To receive the refund the guest is required to send an email to the relevant Guesthouse requesting the refund.

Bookings cancelled less than 48 hours of expected arrival will incur a 100% cancellation charge.

Reservations cannot be amended or changed for another date. A booking will need to be cancelled and rebooked as a new deal, subject to the availability online. Cancellation terms will apply as stated in the two clauses above.

You are expected to arrive at the stipulated Guesthouse from 14:00 on day of arrival, check in day. Your room will be held until 11:00am the day following the arrival date.

Should you not have arrived to check in from 14:00 on day of arrival to 11:00AM the following day (20 hours) your room will be released and your reservation will be cancelled. You will forfeit your booking and money paid.

Should you expect to arrive after this stipulated period, please contact the Guesthouse management and request this as special arrangement.  While the Guesthouse shall do its best to accommodate any changes you may require, it is not guaranteed that it shall do so.

TIME OF CHECK IN

At the time of check-in to the Guesthouse you will be required to sign the front and back of the Guesthouse registration card and you agree to be bound to the Guesthouse’s terms and conditions of residence and conditions of entry.

ENDING A SESSION

You must sign out of the website once you have finished using the website. If you do not do this, unauthorised transactions may result, for which we will not be liable.

USER GENERATED CONTENT

Any notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted by you to the website via transmission by electronic mail or otherwise (“submissions”), shall be deemed to be and remain the exclusive property of Black Olive Guest House . The various forms of content, which are found on the website, shall be deemed to remain the exclusive property of Black Olive Guest House .

Black Olive Guest House  has the right, but not the obligation to monitor and review submissions submitted by users. Black Olive Guest House  shall not be responsible for any of the content of these messages.

Black Olive Guest House  further reserves the right to delete, move or edit submissions that Black Olive Guest House , in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any copyright or trademark laws or otherwise objectionable.

RULES OF CONDUCT FOR THE USER

The user agrees that they will not transmit submissions to Black Olive Guesthouse that:

Use any of the bulletin boards, chatrooms and other public areas found on the website (“forums”) for illegal purposes;

Are for purpose of spamming;

Restrict or inhibit any other user from using and enjoying the forums;

Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;

Violate the copyright, trademark or other Intellectual property rights of any other person by the submission of the content to Black Olive Guesthouse through the forums or other user generated content avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to Black Olive Guesthouse that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;

Contain viruses or other harmful content; and

Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.

The user agrees that all submission become the exclusive property of Black Olive Guesthouse. The user agrees that they shall be solely liable for any damage resulting from any infringement of copyrights, trademarks and other proprietary rights or any other damages resulting from such a submission.

The general terms contained in the credit terms published on the Black Olive Guest House Guesthouses Limited (“BLACK OLIVE GUEST HOUSE ”) website shall be applied to and must be read in conjunction with the terms below. Only International Air Transport Association (“IATA”) registered travel agencies (the “Customer”) shall, unless otherwise specifically agreed to in writing by BLACK OLIVE GUEST HOUSE , qualify to receive commission on the terms and conditions contained herein.  BLACK OLIVE GUEST HOUSE reserves the right to, at any time, amend the qualifying criteria required for a travel agency to receive commission.

 

COMMISSION TERMS AND CONDITIONS

Commission on invoices paid in respect of accommodation only (excluding VAT and all levies) shall be subject to the following terms and conditions:

  • 1.1Each and every invoice made out to the Customer shall be paid by the Customer to Black Olive Guest House, without any deduction or set off of any nature whatsoever, in accordance with the details set out in such invoice.
  • 1.2The payment terms in respect of each and every invoice to the Customer shall be strictly 30 (thirty) days calculated as from the date of statement where incidental credit has been provided to the customer in accordance with the Black Olive Guest Housecredit terms, failing which all invoices shall be pre-paid in full.
  • 1.3The customer shall earn commission based on the amount of accommodation only (excluding VAT and all levies) at the following rates, which shall be calculated as from the date of statement to the date of full payment as follows:
    • Payment within 30 (thirty) days from the date of statement – 10%
    • Payment within 60 (sixty) days from the date of statement – 5%
    • Payment within 90 (ninety) days or more from the date of statement – 0%
    • Black Olive Guest House reserves the right to amend the above rate percentages.
  • 1.4BLACK OLIVE GUEST HOUSE shall, on or before the fifteenth  day of every month, inform the Customer of the commission for which they qualify and payment to the Customer shall be effected by Black Olive Guest Housewithin 30 days of Black Olive Guest Housereceiving an invoice from the Customer detailing the amount of commission owing.
  • 1.5Should the Customer fail to issue the invoice within 60 days of BLACK OLIVE GUEST HOUSE informing the Customer of the commission amount, BLACK OLIVE GUEST HOUSE shall be under no obligation to pay the commission amount to the Customer.
  • 1.6All payments shall be effected in South African Rands (“ZAR”) and all invoices shall reflect amounts owing in ZAR.
  • 1.7Should the Customer qualify for commission amounts but be indebted to BLACK OLIVE GUEST HOUSE for any amounts owing in respect of accommodation and associated services, both the Customer and BLACK OLIVE GUEST HOUSE hereby agree that BLACK OLIVE GUEST HOUSE shall be entitled to set the commission amounts payable by BLACK OLIVE GUEST HOUSE off against the amounts owing by the Customer in respect of accommodation and associated services.
  • 1.8Should there be any disagreement between the Customer and BLACK OLIVE GUEST HOUSE on the commission amounts due and payable, these must be raised by the Customer to BLACK OLIVE GUEST HOUSE within 10 days of BLACK OLIVE GUEST HOUSE informing the Customer of the commission for which they qualify.  Should the Customer fail to query the commission amounts within the 10 day time period, the Customer shall be deemed to have accepted the amount owing and may not query it at a later stage.  Should the Customer disagree on the commission amount calculated by BLACK OLIVE GUEST HOUSE , the onus shall be on the Customer to prove the commission amount they believe to be owing.
  • 1.9In the event of the amount payable in terms of any invoice not being paid in full by the Customer to BLACK OLIVE GUEST HOUSE on the applicable due date thereof, all commissions earned shall be forfeited.
  • 1.10BLACK OLIVE GUEST HOUSE shall be entitled to amend and/or cancel these commission terms and conditions from time to time at their sole discretion and shall endeavour to communicate such changes to the qualifying Customers via a suitable medium.

STANDARD TERMS AND CONDITIONS OF RESIDENCE

  1. INTRODUCTION
    1. Black Olive Guesthouse, Registration No. 2014/190691/07 (“BLACK OLIVE GUEST HOUSE ”) is a public company with limited liability duly registered in accordance with the company laws of the Republic of South Africa. For purposes of this Agreement, BLACK OLIVE GUEST HOUSE shall include all entities controlled by or under common control with BLACK OLIVE GUEST HOUSE and for the purposes of this clause “control” means ownership (direct or indirect) of 50% (fifty percent) or more of the voting shares of BLACK OLIVE GUEST HOUSE or otherwise having the power (direct or indirect) to govern the financial and the operating policies or to appoint the management of such entity.
    2. The Guest is the person whose details and signature appear on the registration card and who accepts these terms and accepts responsibility on behalf of all persons indicated on the registration card and/or residing at the Guesthouse.
    3. The Guest agrees to enter the Guesthouse premises and use the Guesthouse facilities subject to these terms.
  2. INTERPRETATION
    1.   The rule of construction that an agreement shall be interpreted against the person responsible for its drafting or preparation shall not apply to these terms.
  3. DURATION
    1. These terms shall commence on date of signature of the registration card and shall continue until the Guest has completed his stay at the Guesthouse and paid all amounts outstanding and due and payable to the Guesthouse.
  4. RESERVATION, CANCELLATION AND NO SHOW POLICIES
    1. In order to confirm availability at a Guesthouse a Guest must make a reservation through a Black Olive Guest House approved on-line booking-channel, telephonically, by e-mail or through a tour operator or travel agent. Walk-ins are acceptable subject to availability at that time.
    2. All reservations will be held until 16h00 on the reserved date of arrival. All reservations not guaranteed for late arrival after 16h00 will be released and cancelled at 16h00. If a guest arrives after 16h00 and the Guesthouse has a vacancy, the reservation may be reinstated and the guest checked in.
    3. To guarantee a reservation or to guarantee for late arrival the Guesthouse must have one of the following:
      1. Credit card details, including Cardholder name, Card Type, 16 digit credit card number. Expiry Date, CVV Number;
      2. A voucher from a travel agent;
      3. If paying by cash, a deposit or payment securing a minimum one nights’ accommodation, VAT and tourism related levies (if applicable) paid into the Guesthouse’s bank account in cleared funds;
      4. A company order guaranteeing payment;
    4. A late arrival guarantee will include a charge on the credit card or to the travel agent, tour operator or corporate of one nights’ accommodation, VAT and Tourism Levy.
    5. If no room is available for a late arrival guaranteed reservation the host Guesthouse will reserve a room at another equivalent Guesthouse and arrange transport for the guest to get to the alternate Guesthouse. The host Guesthouse is responsible for the difference in room rate should the alternate Guesthouse’s room rate be more expensive that the host Guesthouse’s rate.
    6. In the event of a Guest not showing, a no show charge will be administered to the tour operator, corporate or travel agent or against the credit card provided of one nights’ accommodation, VAT and Tourism Levy.
    7. Overbooking may occur inadvertently from time to time. In this event the host Guesthouse will reserve a room at another equivalent Guesthouse and arrange transport for the guest to get to the alternate Guesthouse. The host Guesthouse is responsible for the difference in room rate should the alternate Guesthouse’s room rate be more expensive that the host Guesthouse’s rate.
    8. In the event of a Guest cancelling a reservation less than 24 hours before the date of arrival, a cancellation charge may, at the Guesthouse’s sole discretion, be administered to the tour operator, corporate or travel agent or against the credit card provided of one nights’ accommodation, VAT and Tourism Levy. Cancelled Group bookings and cancellations less than 24 hours before the date of arrival during peak periods will incur a cancellation charge, without exception. In the event of a cash deposit, the Guesthouse is entitled to levy the aforementioned cancellation charge against such cash deposit and refund the balance to the Guest in accordance with their instructions.
    9. In the event of a Guest cancelling a reservation more than 24 hours before the date of arrival, the Guesthouse shall refund the full amount paid in advance, to the relevant to the tour operator, corporate or travel agent or against the credit card provided or against the cash deposit. Requests for a refund will be processed within 5 business days from date of cancellation.
    10. Cheques will not be accepted for any purposes whatsoever unless pre-authorised by the General Manager of the Guesthouse.
  5. RULES OF RESIDENCE
    1. Rooms are configured specifically as detailed on the website …………,  in accordance with the Occupational Health and Safety Act.  The configuration may be amended by BLACK OLIVE GUEST HOUSE from time to time in its sole discretion.
    2. BLACK OLIVE GUEST HOUSE reserves the right in its sole discretion to determine how many guests are permitted per room based on room configuration and health and safety requirements applicable from time to time. . It is the Guest’s responsibility to pre-confirm with BLACK OLIVE GUEST HOUSE the room configuration and guest allocation per room.  BLACK OLIVE GUEST HOUSE accepts no liability should the Guesthouse need to book additional rooms on registration due to incorrect room configuration/guest quota made on reservation
    3.  All rooms in Black Olive Guest House are configured as non-smoking rooms, unless a Guest specifically requests a designated smoking room and such designated smoking room is available at the time of making the reservation.  Smoking in the public areas of the Guesthouse is only permitted in specifically designated areas at the Guesthouse premises, in accordance with the Tobacco Control Act.
    4. Cleaning, restaurants and / or fast food establishments, shuttle and security services are provided to the Guesthouse by third party contractors and accordingly Guests indemnify the Guesthouse against any loss, damage, death or injury caused by any act of omission of such third party contractors.
    5.  Guests are responsible for safe-keeping of their own valuables and travel documentation, wherever it may occur on Guesthouse premises and accordingly the Guesthouse accepts no liability whatsoever for lost, stolen or damaged valuables.
    6. Whilst BLACK OLIVE GUEST HOUSE has taken reasonable security precautions at its premises and is concerned with the safety and security of its Guests and their property, BLACK OLIVE GUEST HOUSE does not warrant the safety of any person on any part of the Guesthouse premises and it is the responsibility of a Guest to take reasonable safety precautions to ensure his / her safety and well-being.
    7. Guests make use of all Guesthouse facilities at their own risk, including but not limited to the use of restaurant facilities, parking areas, shuttle / taxi services, swimming pools, gymnasium facilities, WIFI, business facilities and the like.
    8. Guests are to specifically note that Guesthouse swimming pools may not be gated off or contained and no life guards are on duty at any swimming pools.  It is the Guests responsibility to at all times supervise children under the age of 18 both at swimming pools and on the Guesthouse premises in general. Guests indemnify the Guesthouse against any loss, damage, death or injury caused to a minor whilst not under the supervision of the Guest.
    9. Should a Guest contract with the Guesthouse to stage an event, then the Guest shall remain liable and indemnifies the Guesthouse against any loss, damage, death or injury, costs, fines, penalties and the like arising from any act of omission of Guest appointed third party contractors, including but not limited to any third party contractor failing to adhere to any laws applicable to the services rendered by them for such event.
    10. In addition to the aforementioned, each Guesthouse premises may have signage detailing specific rules applicable to those Guesthouse premises.  Such signage is deemed to be incorporated into these terms by this reference.
    11. The Guest shall be liable for and indemnifies BLACK OLIVE GUEST HOUSE against any loss, damage, costs, fines, penalties and the like arising from a Guest, and or any person for whom a Guest is responsible under this Agreement, contravening any applicable local laws (including, but not limited to applicable smoking laws).
  6. RATES AND PAYMENT
    1. The rates payable for any reservation are indicated when a Guest makes a reservation. On arrival and check-in, a Guest must either:
      1. Present a credit card with details, including Cardholder name, Card Type, 16 digit credit card number. Expiry Date, CVV Number against which the Guesthouse shall debit the full room rates, tourism levy, VAT and/or any other amounts agreed on; or
      2. Present a voucher from a travel agent or tour operator indicating the details of the reservation and billing instructions, rates (and whether or not they have been pre-paid) and the services to be rendered; or
      3. If paying by cash, pay the full room rates and/or other amounts, tourism levy and VAT invoiced on check-in; or
      4. Present a company order guaranteeing payment.
    2. Guests shall be liable for payment for all extras invoiced on check-out including but not limited to, costs for breakfast, additional restaurant and bar accounts, transport, business administration, laundry, damages, breakage deposit and / or actual costs etc.  In the event that a Guest fails to pay such extras then such amount shall be debited against the credit card, tour operator, travel agent or corporate account or invoiced, in which event such invoice shall be paid within 20 (twenty) days of BLACK OLIVE GUEST HOUSE ’s written demand,  failing which BLACK OLIVE GUEST HOUSE shall be entitled to charge penalty interest at the prime overdraft interest rate of BLACK OLIVE GUEST HOUSE ’s bankers plus 3% from due date to date of full payment of such overdue amount, together with such attorney’s legal costs and collection fees incurred.
    3. Cheques will not be accepted for any purposes whatsoever unless pre-authorised by the General Manager of the Guesthouse.
    4. If at any time any tax or levy is increased as a result of a change in any relevant local South law applicable, then BLACK OLIVE GUEST HOUSE shall be entitled to immediately levy such increase when effective without any further notice to any person.
    5. All payments to be made hereunder to BLACK OLIVE GUEST HOUSE shall be made free and clear of, and without any deductions for or on account of, any set-off or counterclaim.  Guests shall not be entitled to exercise any right of set off with respect to any amounts owing to BLACK OLIVE GUEST HOUSE under this Agreement against any amounts owing to him/her under any other agreement or obligation.
    6. Eft payments may be made into BLACK OLIVE GUEST HOUSE ’s designated bank account to settle accounts. The guest is responsible for verifying BLACK OLIVE GUEST HOUSE ’s bank details.  Accordingly BLACK OLIVE GUEST HOUSE will not be responsible for fraudulent changes to bank details that have not been verified by the guest and BLACK OLIVE GUEST HOUSE is hereby indemnified against any resultant loss or damage incurred.
    7. In the event of non-payment by the guest of any amount due or owing to BLACK OLIVE GUEST HOUSE for any reason whatsoever,  the guest, by his signature hereto expressly provides his/her consent to being listed on any credit bureau system by BLACK OLIVE GUEST HOUSE without further notice.
  7. GROUPS, TOUR OPERATERS, TRAVEL AGENT POLICY
    1. All guests booked through tour operators, travel agents, corporate or other group bookings are required to accept these terms and conditions by signature on check-in.
    2. All terms applicable between a corporate, tour operator or travel agent will be specifically agreed in a written contract between such party and BLACK OLIVE GUEST HOUSE , which contract shall incorporate these terms. In the event of a conflict between the contract and these terms, the provisions of the contract will apply.
  8. DATA PRIVACY
    1. The Guest acknowledges that when making a reservation BLACK OLIVE GUEST HOUSE is obliged by law to collect the personal information of all guests residing at the Guesthouse and may from time to time be required to provide such information to the relevant government and/or regulatory authorities.
    2. Save as aforementioned BLACK OLIVE GUEST HOUSE undertakes to treat all personal information as confidential information and shall not disclose same, without the prior written consent of the guest to whom the information relates, save where BLACK OLIVE GUEST HOUSE is required by law to do so.
    3. BLACK OLIVE GUEST HOUSE undertakes that it shall not, at any time, copy, compile, collect, collate, process, mine, store, transfer, alter, delete, interfere with or in any other manner use any personal data for any purpose other than with the express prior written consent of the guest to whom it relates or to the extent necessary to comply with BLACK OLIVE GUEST HOUSE ’s obligations arising under concurrent legislation.
  9. LIABILITY
    1. To the maximum extent permitted by applicable law, the Guest and any person for whom it is a signatory under these terms indemnifies, defends and holds BLACK OLIVE GUEST HOUSE (and its personnel) harmless, and shall keep BLACK OLIVE GUEST HOUSE fully and effectively indemnified, against (i) any and all loss of or damage to any property or injury to or death of any person; and (ii) loss, damage (including attorneys’ fees on an attorney and own client basis), costs and expenses which BLACK OLIVE GUEST HOUSE may suffer or incur arising directly or indirectly from any act or omission of BLACK OLIVE GUEST HOUSE or its personnel.
    2. Notwithstanding anything to the contrary in these terms, BLACK OLIVE GUEST HOUSE ’s maximum liability:
      1. For any loss or damage to property is limited to R500.00 per claim or series of claims arising from the same event in any one year;
      2. For any injury or death is limited to R2,000,000.00 per claim or series of claims arising from the same event in any one year;
    3. To the maximum extent permitted by applicable law, in no event shall BLACK OLIVE GUEST HOUSE or its personnel be liable for any indirect, incidental, special, punitive or consequential damages or losses howsoever arising.
  10. DISPUTES
    1. Any complaint or dispute must first be referred to the relevant Guesthouse manager who shall attempt to resolve the dispute. In the event such dispute is not resolved within 10 days from first notification then the dispute shall be referred to senior managers of BLACK OLIVE GUEST HOUSE who shall attempt to resolve the dispute. BLACK OLIVE GUEST HOUSE reserves the right, in its sole discretion, to refer a dispute to alternative dispute resolutions forums such as mediation or arbitration.
  11. GENERAL
    1. These terms constitute the entire agreement between BLACK OLIVE GUEST HOUSE and the Guest in respect of the subject matter of these terms. No amendment or modification to these terms shall be effective unless in writing and signed by and authorised signatory of BLACK OLIVE GUEST HOUSE .
    2. No indulgence shall be, or be deemed to be, a waiver of any of these terms and no waiver of any breach shall operate as a waiver of any continuing or subsequent breach.
    3. These terms shall be governed and construed according to the laws of the Republic of South Africa and the parties agree to submit to the exclusive jurisdiction of the South African courts