TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND/OR THE SERVICES OFFERED VIA THIS WEBSITE BY THE WINSTON HOTEL (PROPRIETARY) LIMITED
The Winston Hotel cc ("the Winston Hotel") provides the information and services offered to you via this website ("services") subject to the terms and conditions set out herein.
By accessing the Winston Hotel website located on the worldwide web at www.thewinstonhotel.co.za and such other websites with which it may link for the purpose of providing its services ("website"), and using any of the services and information offered via the website from time to time you shall be deemed to have agreed to all the terms and conditions set out herein.
The Winston Hotel 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 you agree to review these terms and conditions periodically, and your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions of the website.
Terms and conditions relating to special offers, which are, from time to time, contained on the website, shall, to the extent that those terms and conditions conflict with the terms and conditions contained in this Agreement, take precedence over the conflicting provisions of this Agreement.
1. Use of the Website
(a) The Winston Hotel reservations feature of this website is provided solely to assist you in determining the availability of travel-related services and to make legitimate reservations. You agree to be financially responsible for all of your use of this website. You agree that the reservations facilities of this website shall be used only to make legitimate reservations. You understand that overuse or abuse of the reservation facilities of this website may result in you being denied access to such facilities, at the sole discretion of The Winston Hotel.
(b) For any reservations or other services for which fees may be charged, you agree to abide by these terms and conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services. You shall be completely responsible for any charges, fees, duties, taxes, and assessments arising out of the use of this website.
2. Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, The Winston Hotel makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on any of the pages comprising the website and shall not be bound in any manner by any information contained on the website or any of the pages comprising the website. The Winston Hotel 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. The Winston Hotel gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.
3. Copyright and Intellectual Property Rights
This website is solely for your personal and non-commercial use. Copyright and all intellectual property rights in all materials made available through this website are owned by The Winston Hotel alternatively, The Winston Hotel is the lawful user thereof and is protected by both South African and international intellectual property right laws. Accordingly, any unauthorized copying, reproduction; retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of The winston Hotel alternatively The Winston Hotel are the lawful users of the trademarks. Nothing contained on this website should be construed as granting any license or right to use any trademarks without the prior written permission of The Winston Hotel.
4. External Links
External website links may be provided for your convenience, but they are beyond the control of The Winston Hotel and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website's terms and conditions of use. No hypertext links shall be created from any website whether controlled by you or otherwise to this website without the express prior written permission of The Winston Hotel.
If you are under 18 years of age, you may use this website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of this website and the services. You agree to supervise all usage by minors of this website under your name.
(a) You acknowledge and agree that The Winston Hotel 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 The Winston Hotel 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 The Winston Hotel and you will be bound by such details with no liability of whatever nature attaching to The Winston Hotel in regard thereto.
(b) You waive any rights you may have or obtain against The Winston Hotel arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that The Winston Hotel acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify The Winston Hotel 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 The Winston Hotel has acted on your instructions or instructions which purport to emanate from you.
(a) You warrant that every instruction and all information given by you to The Winston Hotel shall be accurate, true and correct.
(b) The Winston Hotel makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, any services provided via this website or the suitability of any of the services for a particular purpose. As The Winston Hotel provides certain services to you via the Internet, The Winston Hotel makes no representations, nor gives any warranties or guarantees of any nature as to the availability of any communications network or systems of any third party on whom you or The Winston Hotel rely to provide any of the services.
8. The Winston Hotel Statement of Privacy
(a) Your privacy is very important to The Winston Hotel. To help protect your privacy, we adhere to the following guidelines. -
(i) The Winston Hotel will explicitly ask when they need information that personally identifies you or allows them to contact you ("Personal Information"). Generally this Personal Information is requested when making reservations or when requesting a particular service.
(ii) The Winston Hotel will use your Personal Information to operate the sites, provide services, to enable us to process, validate and verify reservation and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website; to improve and develop new features and services; to alert you to new services and special offers and for other purposes
(b) The Winston Hotel shall be entitled to disclose Personal Information if required to do so to:
(i) comply with applicable law or with legal process served on The Winston Hotel;
(ii) to protect and defend the rights or property of The Winston Hotel, and
(iii) for the purposes of distributing same to various third parties who are involved in the provision of the services provided in accordance with these terms and conditions.
The online bookings feature is viewed over a secured connection. Any information provided by you on this website cannot be viewed by anyone else over the Internet. As this service is provided by another service provider we unfortunately cannot be held accountable for any errors or omissions, losses or damages which you may suffer as a result of the use of their service and we hereby disclaim all liability in this regard.
(a) Any claim, dispute or impasse relating to these terms and conditions shall by governed by the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with the services referred to herein, or these terms and conditions or any matter related to or in connection therewith.
(b) These terms and conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of The Winston Hotel in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. Headings are for convenience only and not for use in interpretation of these terms and conditions.
(c) 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. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script and the remaining provisions of these terms and conditions shall remain in full force and effect.
(d) 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.
(e) Should either party be prevented from carrying out its obligations by force majeure lasting continuously for a period of 30 (thirty) 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 30 (thirty) days thereafter, The Winston Hotel 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.
The Winston Hotel shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury 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 your use of or reliance on any information provided on and via the website or any pages of the website, any e-mails sent from the website, 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 this website, use of content, data or information made available via the website, any failure, delay or unavailability of the website or any services offered via the site for any reason whatever and the supply, or failure or delay in supplying any of the services offered via the website and you indemnify and hold harmless The Winston Hotel 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.
12. Reservations Terms & Conditions and Overbooking Policy
(a) Rates are subject to availability and fluctuations.
(b) Rates are per night on a per room basis for single occupancy, Double occupancy will attract a supplement per room, per night, which will include breakfast for the 2nd occupant. This amount is subject to change in accordance with our dynamic pricing structure.
(c) Rates are for breakfast and accommodation only, unless otherwise specified.
(d) The Winston Hotel cannot be held responsible for correspondence sent to you which is lost or delayed in the mail.
(e) A cancellation of a confirmed booking more than 7 days prior to the scheduled arrival date will attract a 10% cancellation fee on the full value of the stay.
(f) A cancellation of a confirmed booking less than 7 days (but more than 48 hours) prior to the scheduled arrival date will attract a 50% cancellation fee on the full value of the stay.
(g) A cancellation of a confirmed booking less than 48 hours prior to the scheduled arrival date will attract a 100% cancellation fee on the full value of the stay.
(h) Should a reservation remain unconfirmed, The Winston Hotel reserves the right to release the reservation should another booking arise or by 1600h on the arrival date.
(i) Check-in for the hotel is at 14H00. It is reccomended that in order to guarantee early accommodation the rooms is reserved and paid for from the night before
(j) Check-out is 10H00, unless prior arrangments have been made with management. This is to accommodate the guests who will be checking in to the hotel
(k) As per Section 47 of the CPA, in the event of an overbooking status of the hotel, be it intentional or otherwise, the hotel shall reimburse the booker the full amount of monies already received from the said booker which has been verified by our banking institution to have been cleared in the hotels bank account. Reasonable steps shall be taken to inform the traveler of the overbooked status of the property within 24 hours of the first check-in time for accommodation, and/or commencement of a function or event viz a vie, being 14h00 on the first day of stay for accommodation users, and within 24 hours of the commencement of the function or event start time. This notification would be done to the e-mail address provided by the booker when the reservation was made.
(l) In the unlikely event of the hotel requiring an in-house resident to vacate his/her room or function & event venue due to a property overbooking situation caused by either an International or Domestic event leading to a surge on group accommodation requirements beyond our control, the resident shall be informed of the need for him/her to prematurely vacate his/her room and/or cancel his/her confirmed reservation in writing by management at least 24 hours in advance. Once the notice has been served by management, the resident agrees to vacate the room or venue within 24 hours, with full knowledge that any credit balance from a prepayment shall be reimbursed to him/her
(a) Payment for any reservations or other services for which fees may be charged by The Winston Hotel shall be payable by you on departure from the hotel in question or, where applicable, shall be debited to your account after departure.
(b) The rates payable by you in respect of the provision by The Winston Hotel of any services and/or goods, including but not limited to the provision of accommodation at the hotel of your choice, shall be the current applicable rates of The Winston Hotel. Those rates are available from The Winston Hotel.
(c) Provision of banking and/or credit card details on the website is merely to secure a reservation, and does not constitute payment in respect of the services to be provided by The Winston Hotel. The Winston Hotel reserves the right to debit your credit card with a cancellation fee as per the cancellation policy below.
(d) The customer/client hereby agrees that this transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act 2002 and that a binding agreement has been concluded between The Winston Hotel and the customer/client authorizing The Winston Hotel to deduct or to debit the credit card for payments for services rendered to the customer/client. The hand signature of the customer/client shall not be required for authorization purposes.
(e) The Winston Hotel accepts the following methods of payment: Cash (SA Rands only), All major credit cards including Diners Card, Visa, Mastercard and American Express, EFT (Electronic Funds Transfer) to the designated bank account. We regret that no personal cheques are accepted
14. Conditions of Residence
(a) The guest, signing this registration card, warrants that he/she is duly authorised to sign for and bind all persons represented by him or for whom he is responsible ("his party") to these conditions of residence and, failing such authority, agrees to be personally liable for all amounts arising from the residence of himself and his party at the Hotel.
(b) The guest and each of his party agrees to pay not later than the time of departure (unless prior written arrangements have been made with the Hotel management) the room rate is determined by the Hotel for the period of residence, the costs of food, beverage and any other amounts relating to such residence together with VAT (if applicable) incurred by the guest and his party during his/their stay in the Hotel. Periodic payments must be made if the account exceeds the credit limit designated by the Hotel, and accounts are payable on presentation.
(c) A certificate from the Hotel Manager shall constitute proof of indebtedness of the guest and his/or his party and of the particulars therein for all purposes including any action instituted by the Hotel against the guest and/or any of his party.
(d) The guest agrees that after his/her departure, the Hotel may retain goods left behind by him and/or his party and authorises the Hotel after giving one month's notice to the address registered by the guest of its attention to do so, to sell same, privately or publicly, at the Hotel's discretion at such price as the Hotel may determine and offset proceeds of such sale against possible indebtedness of the guest or to hold such proceeds or part thereof for a period of three years pending any claims by the guest for those proceeds failing which they shall be deemed to have been forfeited to the Hotel.
(e) The guest hereby agrees on behalf of himself and the members of his party that it is a condition of his/their occupation of the Hotel that neither the Hotel, its landlord, employees nor agents shall be responsible for any injury or death of any person or the loss or destruction of or damage to any property upon the premises, whether arising from fire, theft or any cause and by whomsoever caused or arising from the negligence (gross or otherwise) or wrongful act of any person in the employment of the Hotel. The guest and his party may hand to the Hotel for safekeeping money and /or valuables, whereupon a special receipt will be issued accordingly.
(f) The guest and his/ her party hereby indemnify and agree to hold harmless The Winston Hotel or the owner/operator of the hotel, their directors, officers, employees, agent, contractors or sub-contractors in respect of any responsibility and/or liability as aforesaid.
(g) The guest and his/her party acknowledge that:
1. The wireless internet connection available at the hotel is unsecured and that they utilize the internet at his/her own risk. And hereby indemnifies and hold The Winston Hotel harmless against any loss or harm of whatsoever nature and howsoever arising, whether direct or indirect, from the dissemination of any data through the use of the hotel’s internet facilities;
2. The public areas of the hotel and general hotel premises are monitored by closed circuit television. He/she consents to the use of any surveillance material in a court of law should such use thereof become necessary in the sole opinion of The Winston Hotel;
3. The Winston Hotel reserves the right to determine acceptable levels of noise or behavior of guests and to require guests to leave the Hotel if they are causing a disturbance, annoying other guests or hotel staff or are behaving in an otherwise unacceptable manner in the sole opinion of the Hotel’s management;
4. He is obliged to vacate his room and check-out by the time communicated to him by the Hotel’s management. Failure to do so will render me liable for an additional night’s charge unless prior and alternative check-out arrangements have been made with the Hotel’s management.
(h) In the unlikely event of the hotel requiring an in-house resident to vacate his/her room or function & event venue due to a property overbooking situation caused by either an International or Domestic event leading to a surge on group accommodation requirements beyond our control, the resident shall be informed of the need for him/her to prematurely vacate his/her room and/or cancel his/her confirmed reservation in writing by management at least 24 hours in advance. Once the notice has been served by management, the resident agrees to vacate the room or venue within 24 hours, with full knowledge that any credit balance from a prepayment shall be reimbursed to him/her