Please find below the general terms and conditions for using the Avondale’s website and its services provided.
The Avondale (“Avondale”) provides the information and services offered to you via this website subject to the terms and conditions set out herein. You shall be deemed to have agreed to the terms and conditions set out herein upon accessing the Avondale’s website (“website”) and using any of the services and information offered via the website from time to time. The terms and conditions may be changed and consequently you will be subjected to the amended terms and conditions. Please note that any terms and conditions which conflict with the terms and conditions contained in this Agreement, supersede the conflicting provisions of this Agreement. Kindly further note that for ease of reference, the masculine gender shall include the feminine gender and vice versa and where reference is made to a singular term, it shall include the plural term.
The reservations portal/feature of this website is provided to assist you in determining the availability of travel-related goods and services and to make legitimate reservations. You hereby confirm that you understand that overuse or abuse of the reservation facilities of this website may lead to you being denied access to such facilities. Further, you confirm that fees may charges for any reservations or other services and agree to abide by these terms and conditions as well as any other charges which are due to the Avondale.
The reservations portal/feature of this website is provided to assist you in determining the availability of travel-related goods and services and to make legitimate reservations. You hereby confirm that you understand that overuse or abuse of the reservation facilities of this website may lead to you being denied access to such facilities. Further, you confirm that fees may charges for any reservations or other services and agree to abide by these terms and conditions as well as any other charges which are due to the Avondale.
You may use this website only with the supervision of a parent or guardian should you be under 18 years old and/or not legally emancipated.
All intellectual property rights and copyrights and intellectual property rights reflected on this website are owned by the Avondale. Therefore, any unauthorised copying, or distribution will constitute an infringement of such copyright and other intellectual property rights. The trademarks displayed on this website are registered trademarks of the Avondale. Therefore, there is no clause contained on this website which may be construed as the right to use any trademarks without the prior written permission of the Avondale.
You agree that the Avondale shall establish the authenticity of any communication from yourself. Although this website has a secure connection and is confidential, you confirm that all reservations and other communications which appear to be communicated from yourself. Furthermore, should any communications differ from the details provided due to an error or may have been intercepted or disturbed by a third party, amongst others, it is deemed that you will be bound by such details. It is suggested that if you are unsure of any details, you may call us to confirm such details. You hereby agree to waive any rights you may have against the Avondale which may emerge from any direct or indirect damages or loss caused. Furthermore, the Avondale reserves its right to hold no liability and you indemnify the Avondale against any claims or liabilities sustained by yourself.
Any dispute, claim or allegation which arises due to the terms and conditions detailed herein shall by governed by the laws of the Republic of South Africa.
In order to protect your privacy and information provided to us, we adhere to strict principles. The Avondale only requests Personal Information upon making and verifying reservations, enquiries, marketing and for feedback purposes. In the event that further information is required, same will be requested. If you want your information erased from the Avondale’s system, kindly send an email regarding same to reservations@avondalehotel.co.za. Please further note that the information uploaded on the website is collected through the use of ‘cookies’, in which you may accept or deny the use of such. The purpose of these ‘cookies’ are so that small pieces of texts are sent to your browser by a website so that the website will remember your information about your visit more easily. If your Personal Information is required to be disclosed, the Avondale will only disclose such information on the following provisions:
7.1. in compliance with legal processes such as applications or court order;
7.2. to third parties in order to effect requests or services; and
7.3. to guard the rights of the Avondale.
8.1. This Agreement contains the entire agreement of the Parties with respect to the subject matter of this agreement and supersedes all prior agreements between the Parties, whether written or oral, with respect to the subject matter of this agreement.
8.2. No amendment, interpretation or waiver of any of the provisions of this agreement shall be effective unless reduced in writing and signed by both Parties.
You warrant and represent that that all information provided is correct and you have authority to enter into this Agreement and do all things necessary to procure the fulfillment of its obligations in terms of this agreement. Please note that the Avondale does not warrant or guarantee, if express or implied by law, any offers or services provided on the website.
The headings of the clauses of this agreement are used for convenience only and shall not affect the meaning or construction of the contents of this agreement.
In the event of any one or more of the provisions of this agreement being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal or unenforceable provision was not a part of this agreement, and the agreement shall be carried out as nearly as possible in accordance with its original terms and intent.
12.1. Any default or delay of any of these terms and conditions resulting from force majeure, that is an act of God, floods or storms, explosion, fire, perils of the seas, earthquake, or other unfavourable weather conditions, declared or undeclared war by a public enemy, riots or commotion, strikes, blockade, sanctions, epidemics, act of any Government or other authority, any circumstances of nature beyond the reasonable control of the party, will not be deemed to be a breach of these terms and conditions nor will either party be held liable to the other.
12.2. In the event that any party is prevented from carrying out its obligations in accordance with the terms and conditions herein within thirty days, due to force majeure, the parties may discuss the continuation or mutual termination of the terms and conditions herein. Should the parties be unable to consent to an arrangement, the Avondale has the right to terminate the terms and conditions and not adhere to any obligations owed.
Please note that the Avondale is not responsible for any liability, personal injury, damage or loss caused, whether it is consequential, direct or indirect, suffered by yourself, your accompanying guests or any third party, due to their reliance of any information provided on the website or due to communications received from the Avondale, which may infect or disrupt your device/s.
1.1. You agree to make your payment for any reservations to the Avondale upon your arrival at the hotel and any applicable discounts will be applied.
1.2. You must present the cheque/debit/credit card which was used to make the reservation/s upon your hotel check-in. Please note that the Avondale reserves the right to debit your debit/cheque/credit card. Kindly further note this electronic transaction is in accordance with the Electronic Communications and Transactions Act 2002 (“ECTA”).
1.3. Upon payment being made via your debit/cheque/credit card as well as the acceptance of the terms and conditions herein, you have deemed to conclude an agreement with the Avondale in respect of your reservation and stay in terms of ECTA.
1.4. Additionally, should you be unable to attend, and your reservation is cancelled, the Avondale reserved the rights to charge a cancellation fee in the amount of one night’s accommodation.
In the event that the you should breach the provisions of the agreement concluded and fail to remedy such breach within 7 (seven) days from date of a written notice to do so, then the Avondale, without prejudice to any other rights in this agreement or in law, shall be entitled to invoke all remedies available to it in law including the institution of urgent interim proceedings and/or an action for damages.
3.1. You hereby warrant that upon your stay at the Avondale, you are legally permitted to conclude the agreement for yourself and on behalf of your accompanying guests, in which you agree that you will be held liable for any loss or damages caused or suffered, whether it is directly or indirectly, express or implied in law.
3.2. Should you or your accompanying guests leave certain belongings at the Avondale, you confirm that the Avondale has the discretion to keep the goods and sell them, within three months of your stay, should you not uplift them.
© 2023 AfricanID. All rights reserved
