TERMS AND CONDITIONS

APPLICATION

All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of The Spade Boutique Hotel(Pty) Ltd  (2021/852839/07) based in South Africa, Cape Town and trading as The Spade Boutique Hotel and Spa (‘the Establishment’) are subject to these terms and conditions (‘the Conditions’).

THE CLIENT AND AUTHORITY

The person requesting such quotations or estimates or making such booking or to whom any service is rendered, or by clicking the “Book Now” button herein, the customer/client signifies and accepts all terms and conditions contained in this specific Website is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’). 

THIRD-PARTY SERVICE PROVIDERS

The Establishment provides Clients with accommodation and travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines. The Operator represents such principals as agents only and accordingly accept no liability for any loss, damage, injury or death which any Client may suffer as a result of any alteration, act or omission on the part of or the failure of such principals to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by such principals (which is often constituted by the ticket issued by the principal), shall constitute the sole contract between the principal and the Client and any right of recourse the Client may have, will be solely against such principal. 

PAYMENT AND PAYMENT TERMS GENERAL 

The Establishment outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR). 

Unless stated otherwise in the face hereto, all invoices shall be due and payable upon presentation. Queries in respect of specific invoices shall not affect immediate payment of any other outstanding amounts. Any amounts payable by the Customer to the Hotel in terms of this agreement and not paid on the due date shall accrue interest at 1% (one per cent) above the prime bank overdraft rate as advised by the establishment’s Bankers. Payment by cheque must be made by prior arrangement or must be a bank guaranteed cheque. All payments by credit or debit card shall be levied with no additional charges. 

Payments made by means of the bank transfer must be free of banking or any transaction fees (including form bank charges and currency conversions cost) connected to paying the amount owed. 

The Hotel reserves the right to cancel any booking forthwith and without liability on its part in the event of damage to, or destruction of the allocated causes beyond the control of the Hotel which shall prevent it from performing its obligations in connection with any booking. 

The Establishment also retains the right to request full payment in advance, or a deposit, at the time of booking in certain circumstances or if the booking includes certain additional terms & conditions, amenities or services. 

Card transactions will be acquired for the Establishment via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www. pay gate.co.za to view their security certificate and security policy. 

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CANCELLATION POLICY: 

5.1. Once a reservation has been confirmed, the following cancellation policy is applicable with immediate effect. 

5.2. Amendments to a reservation involving the arrival and departure dates are the same as a cancellation. 

5.3. Cancellation fees will be levied in the event of a cancellation and in accordance with the reservation terms and conditions as set out below: 

5.4. All cancellations (and amendments) must be in WRITING or per app: 

5. Standard cancelation polity is as follows: 

5.5.1. Cancellation 15 days or more prior to the agreed arrival date, no cancellation fee will be charged. 

5.5.2. Cancellation 1 to 14 days prior forfeits 50% of the total booking value.

5.5.3. Same day of the arrival date and no-show forfeits 100% of the total booking value.

5.6. Specials rates cancellation policy is as follows:

5.6.1. Cancellation 29 days or more prior to the agreed arrival date, no cancellation fee will be charged. 5.6.2. Cancellation 15 to 28 days prior forfeits 50% of the total booking value. 

5.6.3. Cancellation 1 to 14 days prior forfeits 100% of the total booking value.

5.6.4. Same day of the arrival date and no-show forfeits 100% of the total booking value. The strict cancelation policy is as follows: (e.g. the Non-refundable rate)

5.7.1. Cancellation of booking any time forfeits 100% of the total booking value. No verbal cancellations of reservations will be accepted. Cancellations are only confirmed once you have a return email from the Hotel stating the status of your reservation as such. 

5.10. In the event of a no-show, or should you not arrive on the stated arrival date, your room will be released at 23:59 on the stated arrival date and a cancellation fee for the entire booked period will be charged. Should you be delayed for any reason, please let us know so that we hold your room for you. Relevant charges apply. 

5.11. Should a Guest depart earlier than the confirmed departure date, a full cancellation fee for the remainder of the stay will be charged. 

5.12. As credit card details are only taken to secure reservations, the full applicable cancellation fee as detailed above will automatically be billed to your card should we not receive prior notice of your cancellation. No further authorisation will be sought or required. 

5.13. If the Establishment could resell the room(s) the difference will be reimbursed. 

GROUP RESERVATIONS 

6.1.1. All groups are subject to a 50% deposit at least 60 days before arrival date or as stipulated in the booking. The following Cancellation Policy applies to the full value of the stay: Days prior to Arrival 30 and more 29 to 15 14 days or less 

6.2.2. Cancellation fee Applicable 0% 50% 100% If the payment request has not been received by the due date stipulated on your booking, the reservation will be released unless prior alternative arrangements have been made in writing. Where a cancellation is not made in accordance with our Cancellation Policy terms, we reserve the right to charge full fees, in accordance with the above, against your payment details provided, without your presence or further authorisation being required. If your method of payment is EFT, you will be billed, and you will be liable to make full payment on demand.

BOOKING, DEPOSIT & RESERVATION – General 

  1. 7.1. The Establishment reserves the right to require payment of a deposit at any time prior to the date of the booking. The amount of such a deposit will be determined by the Establishment at its sole discretion. Should the Customer fail to pay such deposit by the date indicated on the face of this agreement, or within 72 hours of being requested to do so the Hotel shall deem the booking to be cancelled. 
  2. 7.2. If any amount owed by the Customer is not paid on the due date, then without prejudice to or any other right it may have, the Hotel may immediately suspend the carrying out of any of its then uncompleted obligations until the payment is made. 
  3. 7.3. The customer shall not be entitled to assign or cede the booking to any third party or utilize the Hotel’s facilities for any purpose other than that stated without the Hotel’s written consent which shall not be unreasonably withheld. The Hotel may cancel the contract or any uncompleted part of it, or the Customer’s credit facility if the Customer commits a breach of any of the terms or conditions of this contract; or, is provisionally or finally sequestrated or surrenders or makes application to surrender his estate; or, being a partnership, the partnership terminated; or, being a company or close corporation, is placed under a provisional or final order of liquidation or judicial management; or, has a judgement recorded against it which remains unsatisfied for 7 days; or, compromises or attempts to compromise generally with any of the Customer’s creditors. The Hotel’s rights as aforesaid shall not be exhaustive and shall be in addition to its common law rights. Upon the cancellation of the contract or the credit facility granted to the Customer by the Hotel for any reason whatsoever all amounts owed by the Customer to the Hotel in terms of the contract shall become due and payable forthwith. In such circumstances, the Customer herewith cedes, assigns and transfers as security for the payment by the Customer of all amounts due by them to the Hotel, all its right, title and interest in and to all claims of whatsoever nature and howsoever arising which the client may have against its own debtors, without any limitation whatsoever, and the Hotel would then be entitled to recover the amount due to it by the Customer directly from such a debtor or debtors. 
  4. 7.4. The signature of any employee or agent of the Hotel which appears on the Hotel’s official invoice will constitute prima facie evidence of the supply of the accommodation and services. 
  5. 7.5. The Hotel has the right not to accommodate the Customer without an original order/voucher or confirmation letter with clear billing instructions, in the event of a booking made by a third party on behalf of the customer. 

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7.6. Non-Refundable Rates – Payment going through our Payment Gateway will secure the full payment and debit the credit card used in making the booking. Booking will be non-refundable on cancellation or amendments.