GENERAL TERMS AND CONDITIONS FOR ACCOMMODATION SERVICES PROVIDED BY THE B.I.G BACKPACKERS

1.       SCOPE

1.1 These general terms and conditions apply exclusively for the provision of accommodation services by THE BACKPACKERS IN GREEN POINT CC, trading as “The B.I.G” (hereafter referred to as the hostel).

1.2 The General terms and Conditions can be obtained electronically at www.bigbackapckers.co.za or viewed or ordered at the reception of the hostel.

1.3 The Terms and Conditions of business do not rule out special agreements. The Terms and Conditions of Business are subsidiary to any individually made agreements.

2.       DEFINATION OF TERMS

2.1 The terms used in this contract are thus defined:

2.1.1 The “hostel”: is the legal body THE BACKPACKERS IN GREEN POINT CC trading as “The B.I.G”, which accommodates guests in return for payment.

2.1.2 The “guest”: is an individual person who makes use of the accommodation. The guest is usually the contractual partner. A guest is also any person who stays in the hostel together with the contractual partner (e.g. member of family, friend, colleague, etc.)

2.1.3 The “contractual partner”: is an individual person or legal body from South Africa or foreign country who/which enters an accommodation contract as a guest or for a guest.

2.1.4 The “accommodation contract”: is the contract made between the hotel and the contractual partner, the contents of which ae regulated in details as follows.

2.1.5 The “contracting parties”: are the hotel (accommodation provider) and the contractual partner (individual guests, tour operator, or private travel groups).

2.2 Expressions in the singular also denote to plural, and vice versa.

2.3 Pronouns of any gender include the corresponding pronouns of the other gender.

2.4 Clause headings appear in the contract for reference purposes only.

2.5 This contract shall be interpreted and applied in accordance with South Africa Law.

3.       CONCLUSION OF THE CONTRACT, DEPOSIT

3.1 .The accommodation contract comes into effect upon acceptance of the guest’s written or verbal order by the hostel, with these terms and conditions serving as a basis for the contract, which is expressly accepted by the guest or tour operator upon actual use of the services in question. A 30% deposit is required to confirm any booking.

3.2 By entering an accommodation contract the contractual partner acquires the right of normal use of the rented rooms, the facilities in the hotel which are generally open for normal use by guests. The contractual partner has the right to act within any hostel or guest regulations (House Rules).

4.       ARRIVAL AND DEPARTURE

4.1 Booked rooms are made available to the guest on arrival day after 2pm until 11am on departure day. Rooms will be assigned to guests by the hostel on the day of arrival.

4.2 In an event of a no show, the hostel has the right to assign booked rooms to other persons after 10am on the following day, the guest deriving no rights to compensation as a consequence.

4.3 In this regard, the hostel is entitled to rescind the contract. However if the guest has “guaranteed” their arrival or paid the full amount, the room(s) remain(s) reserved until no later than 10am on the following day.

5.       PRICES

5.1 Prices are determined by the price List and valid at the time the services are provided.

5.2 In cases where value added tax is applicable, it is included in the price. Any increase in value added tax rates subsequent to conclusion of the contract is at the expense of the guest.

5.3 Local tourism fees or taxes, as well as other sums of money collected by the hostel on behalf of third parties, are changed separately in the amount applicable at the time the services are provided.

5.4 The hostel do not accept foreign currency.

6.       TERMS OF PAYMENT

6.1 All hostel payment are due in full upon arrival of the guest or upon billing to tour operator or private travel groups.

6.2 In all instances, the hostel; is entitled to demand advance payment of an appropriate amount from the guest. If payment fails to be made by the payment deadline, the guest is deemed in default, with no collection latter required to this effect. For late-payment notices resulting from instances of late payment, a reminder charge may be demanded.

6.3 With respect to contracts with consumers as defined in the Consumer Protection Act 68 of 2008 as well as with those whom the transaction is within the scope of operation of a business, wherein a business is to be understood as a permanently established organisation for independent activity whether it is commercial in nature or not, the hostel is entitled, in the event of late payment, to demand interest on late payments at a rate of 15.5% per annum from the due date.

6.4 The contractual partner will be liable for all costs, including legal costs on an attorney and own client basis as well as tracing costs and collection commission, incurred by the contractual partner in the enforcement of any of the obligations in terms of these terms and conditions. All payments made will firstly be made towards cost, legal costs, interest and then towards any capital owning.

6.5 Furthermore, with respect to contracts with contractual partners, an administration or reminder charge of R10 (ten rand) is to be paid by the contractual partner for extrajudicial notices resulting from failure to meet the late-payment deadline.

6.6 Assertion of higher claims for damages resulting from late payment remains unaffected by this clause.

7.       CANCELLATION

7.1 In the case of force majeure and other hindrances from which the hostel is not responsible, in particular those outside the hostel’s sphere of influence, the hostel reserves the right to withdraw from the contract without the guest being entitled to any calm for compensation.

7.2 Unless otherwise stipulated, the following cancellation conditions apply for the guest or tour operator:

7.2.1 30 days prior to arrival: 10% cancellation fee

7.2.1.2 7 days prior to arrival: 50% cancellation fee

7.2.1.3 Less than 7 days to arrival: 100% cancellation fee

8.       PROVIDING ALTERNATIVE ACCOMMODATION

8.1 The hostel can allocate the contractual partner alternative accommodation (same standard) when it is acceptable within reason to the contractual partner, especially when the divergence/difference is minimal and realistically justifiable.

8.2 A realistic justification is given for example when the room(s) has (have) become unusable, when guests already occupying the room(s) decide to extend their stay, when an over-booking occur or other important company internal reasons which make these measures necessary.

8.3 Any additional costs incurred for the alternative accommodation are to be paid by the hostel.

9.       CESSATION OF THE ACCOMMODATION CONTRACT

9.1 Should the closed accommodation contract determine the duration of stay, then the contract ceases at the end of this duration.

9.2 Should the contractual partner depart prematurely, the accommodation provider is entitled to charge the full amount agreed upon. The accommodation provider will deduct the value of the savings resulting from the contractual partner’s non-consumption or the re-rental of the booked room(s). A saving only exist when the accommodation is completely fully booked at the time of the non-consumption of the booked rooms by the contractual partner and when the rooms can be re-rented to other guests due to the cancellation/premature departure. Burden of proof of a saving lies with the contractual partner.

9.3 The contract ends in the vent of a guest’s death.

9.4 The hostel is entitled to end the contract with immediate effect for valid reasons, in particular when the contractual partner or guest:

9.4.1 Uses or handles the accommodation in a seriously detrimental manner; spoils or makes cohabitation impossible for other guests, the owners and /or their staff or any other third parties staying in the hostel due to his inconsiderate, objectionable or otherwise grossly unseemly behaviour; or when he acts in a criminal manner toward these persons and by so doing threatens their property, morals or personal safety.

9.4.2 Misuse of alcohol in the premises or when any illegal substance is found with the guest or any party accompanying the guest.

9.4.3 Is afflicted with a contagious illness or an illness that lasts longer than the duration of the stay in the hostel or becomes otherwise in need of medical care.

9.4.4 Fails to pay the issues bill when due within a reasonably allocated period.

9.5 Should the fulfilment of contract ne made impossible due to events considered an act of nature beyond control (e.g.: natural events/acts of God, strikes, lock-outs, official decrees etc.), the hostel is entitled to cancel the contract at any time without adherence to a cancellation period, provided the contract is not already considered terminated by law, or when the hotel has already been freed of this obligation to provide accommodation.

9.6 Compensation claims by the contractual partner are impossible.

10.   LIABILITY

10.1 The hostel makes every effort to ensure punctual and accurate communication of messages, and delivery of shipments of all kinds, whereby no liability is assumed for the acceptance of said shipments. Should acceptance of a shipment be agreed upon and there is a failure of performance thereof, then this will of course be taken into account.

10.2 The hostel nor any of their directors, officers, employees, representatives or agents shall not be liable for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by the guest and/or any other person. The guest and/or any other person indemnify the hostel and their directors, officers, employees, representatives or agents against any claim by any other person, arising from any cause in connection with the delivery of services, save in the event that such loss or damage arises from gross negligence or wilful misconduct on the part of the hotel or any of their directors, officers, employees, representatives or agents.

10.3 Notwithstanding the a foregoing, nothing in these terms and conditions is intended to exclude or limit any of the guest’s rights. The guest have as a consumer under the Consumers Protection Act 68 of 2008 or any other applicable law which may not be excluded or limited, or to exclude or limit in any way the liability to the guest or any other person under the Consumers Protection Act 68 of 2008 or any other applicable law which may not be excluded or limited.

10.4 Guests use the hostel and recreational facilities at their own risk. The hostel is not liable for deficiencies not immediately recognisable when acting with due diligence, or for the damages resulting there from. In particular, a pursuant reduction on price may not be demanded.

10.5 The contractual partner understands and agrees that the hostel and subsidiaries will not accept responsibility for any loss or damage to vehicles parked or property that might be inside such vehicle. Vehicles and property stored entirely at own risk.

10.6 For items brought in to the hostel, the hostel is only liable up to the respective legal maximum amount. The safekeeping of valuable items, money, and securities may be declined if said items are substantially more valuable than those guests of the hostel usually place in safekeeping.

11.   MISCELLANEOUS

11.1 Subletting or re-letting, as well as the use of the hostel rooms for purposes other than residential, requires the prior, written consent of the hostel.

11.2 The contractual partner does not have the right to demand an extension of stay. Should the contractual partner give timely notice of his desire to extend his stay, the hostel can then agree to the extension of the accommodation contract. The hostel is however, not obliged to extend the contract.

11.3 No animals of any kind are allowed in the hostel interior or outdoor facilities.

11.4 No waiver by the hostel of any breach, failure or fault in performance by the other party or refusal or neglect to exercise any right hereunder, or to insist upon strict compliance with the Agreement, or any other indulgence allowed or shown shall constitute a waiver, variation or novation of any of the provisions of this terms and conditions or a waiver to the hostel of its rights at any tie ort operate as or create any estoppel against the hostel, unless reduced to writing and signed by a duly authorised representative.

11.5 All terms and conditions are deemed to be material.

12.   DOMICILIUM CITANDI ET EXECUTANDI

12.1 The address where the hostel will receive all Notices and another documentations:

Address: 18 Thornhill Road, Green Point, Cape Town 8005 South Africa