Acceptance of Terms
Lagoon Beach Hotel (Pty) Ltd permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. Your use of any accommodation offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed Lagoon Beach Hotel (Pty) Ltd. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Lagoon Beach Hotel (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.
While Lagoon Beach Hotel (Pty) Ltd takes reasonable measures to ensure that the contents of this Website are accurate and complete, Lagoon Beach Hotel (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. Lagoon Beach Hotel (Pty) Ltd reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
Lagoon Beach Hotel (Pty) LTd will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Lagoon Beach Hotel (Pty) Ltd also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. Lagoon Beach Hotel (Pty) Ltd does not accept any responsibility for any errors or omissions on this Website.
YOU AGREE, AS A CONDITION OF YOUR OCCUPATION OR USE OF THE VENUE OF OR RESIDENCE AT LAGOON BEACH HOTEL (PTY) LTD, THAT LAGOON BEACH HOTEL (PTY) LTD AND THE OWNER, MANAGER AND/OR OPERATOR OF LAGOON BEACH HOTEL (PTY) LTD AND THEIR AFFILIATES AND RESPECTIVE EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY “THE ACCOMMODATION FACILITY “) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACCIDENT OR ANY INJURY OR DEATH OF ANY PERSON OR THE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PROPERTY, WHETHER ARISING FROM FIRE, THEFT OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE ACCOMMODATION FACILITY. YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNCONDITIONALLY INDEMNIFY AND AGREE TO HOLD HARMLESS THE ACCOMMODATION FACILITY’S IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.
Please note there is a risk involved when leaving goods unattended, and should all goods be stored in a safe place. We will endeavor to ensure your personal safety and that of your property, we wish to make you aware that neither the employees, management nor owners of Lagoon Beach Hotel (Pty) Ltd will in any way be liable or responsible for any damage, loss, injury, or otherwise caused beyond our reasonable control, whilst you stay or use of facilities on the premises. We wish to advise that management reserves entry to Lagoon Beach Hotel (Pty) Ltd and we reserve the right to terminate entry or accommodation for any reason whatsoever.”
Lagoon Beach Hotel (Pty ) Ltd provides a venue of reputable standards clients should take note that Lagoon Beach Hotel (Pty) Ltd can accept no liability if the premises being provided doesn’t adhere to their requirements expectations due to the following:
The rates advertised or communicated are inclusive of tourism levies, service charges, credit card fees, taxes and other similar third party charges unless otherwise communicated.
Children under 12 stay for free, must be accompanied by one sharing adult.
Payment for any reservations or other services for which fees may be charged by Lagoon Beach Hotel (Pty) Ltd shall be payable either on reservation or on arrival or, where applicable, shall be debited to your account after departure. The guest is obliged to vacate their room and check-out by the time communicated to him by Lagoon Beach Hotel’s (Pty) Ltd management. Failure to do so will render you liable for an additional night’s charge unless prior and alternative check-out arrangements have been made with Lagoon Beach Hotel (Pty) Ltd.
You hereby agree that any reservation made by you via this Website constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act, No 25 of 2002 and that a binding agreement has been concluded between you and The Supplier of your choice authorising Lagoon Beach Hotel (Pty) Ltd to deduct or debit your credit card for payments for services rendered. Your signature shall not be required for authorisation purposes.
GUESTS are required to produce the card used to pay any deposit together with a valid ID prior to check-in at Lagoon Beach Hotel (Pty) Ltd.
Please Note: During periods of high demand Lagoon Beach Hotel (Pty) Ltd may require full pre-payment. This would be non-refundable in the event of cancellation as set out below. Lagoon Beach Hotel (Pty) Ltd will contact you should this be a requirement for your reservation.
Cancellations and Refunds
We may require a deposit as follows to confirm the reservation.
Groups: Payments / Deposit schedule
101 days prior to arrival for: Peak dates (5 – 8 Feb 2018, 26 Dec 2018 – 2 Jan 2019, Mining Indaba
2019, 26 Dec 2019 – 2 Jan 2020, Mining Indaba 2020, 26 Dec 2020 –
2 Jan 2021)
60 days prior to arrival for: October – March (excluding the above peak dates)
30 days prior to arrival for: April – September
FIT – payments / deposit schedule
48 hours after booking has been made for: October – March
14 days prior to arrival for: Outside above dates
Lagoon Beach Hotel reserves the right to alter the above deposit schedule during peak periods, which include large conventions and sporting events without prior notice to the tour operator
We may impose a cancellation fee in the event of cancellation before date of arrival. The fee will depend on the nature of the reservation, the length of notice of cancellation before reservation date, the reasonable potential to find alternative clients for the reservation and the reason for cancellation. No refunds on deposits in the event of specialized services already ordered. In the event of cancellation due to the death or hospitalization person for whose benefit the reservation was made the full amount will be returned.
The following cancellation fee will apply:
Reduction and Cancellations:
5.1 In the event that the accommodations is not taken up, The Lagoon beach Hotel shall have the right to deem the amounts paid in terms of clauses 4.1.1 and 4.1.2 forfeited in lieu of the cancellation penalties payable and, in addition The Lagoon Beach Hotel shall have the right to release reservations and/or allocations where deposit or payment is not made on the due date.
5.2. Lagoon Beach Hotel reserves the right to alter the deposit in terms of clauses 4.1.1. and 4.1.2. Above during peak periods, which include large conventions sports events and such like, without prior notice to the tour operator.
5.3 Lagoon Beach Hotel cancellation policy and schedule is as shown in below Figure.
5.4 The Hotel reserves the right to unilaterally terminate this agreement on delivery of 7 days prior written notice in the case of rental periods less than six months and one months prior written notice in the case of rental periods of six months or more, in which case guests will be obliged to vacate on the last day of the notice period and will be released from the obligation to pay rental from date that the guest vacates.
Less than 14 days prior arrival no cancellation fees will be charged during non-peak / block out dates
|Cancellations will only be accepted in writing|
Less than 30 days prior arrival – full cancellation fees will apply (ALL DATES)
45-30 days prior arrival – NO Charge (ALL DATES)
Any amounts due to Lagoon Beach Hotel in terms of this agreement and not paid by the Tour Operator on due date shall bear interest from due date to the date of payment calculated on a daily basis and capitalized monthly at 3% above the prime rate of interest. In the event that payment due are not paid within the specific time frame, The Lagoon Beach Hotel reserves the right to cancel all booked accommodation.
Should any payment due by the Tour Operator to The Lagoon Beach at any time be overdue, then without prejudice to any other remedy available to it and without prior notice, the Lagoon Beach Hotel may at is discretion defer future performance of its obligation in terms of this agreement and refuse to make available any future accommodation to the Tour Operator, until payment is made.
Foreign Currency payment will be accepted at the rate of exchange valid on the day the payment is reflecting in Lagoon Beach Hotel bank account.
Conditions of Residence
You warrant that you are duly authorised to sign for and bind all persons represented by you or for whom you are responsible (“your party”) to these conditions of residence and, failing such authority or regardless of billing instructions, you agree to be personally liable for all amounts arising from the occupation or residence of your party and yourself at Lagoon Beach Hotel (Pty) Ltd.
You agree to pay not later than the time of departure (unless prior written arrangements have been made with Lagoon Beach Hotel’s management) the room rate as determined by Lagoon Beach Hotel (Pty) Ltd 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 you and your party during your stay in Lagoon Beach Hotel (Pty) Ltd. Periodic payments must be made if the account exceeds the credit limit designated by Lagoon Beach Hotel (Pty) Ltd, and accounts are payable on presentation.
A certificate from Lagoon Beach Hotel’s (Pty) Ltd manager prima facie shall constitute proof of your indebtedness and of the particulars therein for all purposes including any action instituted by Lagoon Beach Hotel (Pty) Ltd against you. You agree that after your departure, Lagoon Beach Hotel (Pty) Ltd may retain goods left behind by you and authorise Lagoon Beach Hotel (Pty) Ltd, after giving one month’s notice to the address registered by you of its intention to do so, to sell same, privately or publicly, at Lagoon Beach Hotel’s (Pty) Ltd discretion at such price as Lagoon Beach Hotel (Pty) Ltd may determine and offset the proceeds of such sale against your indebtedness or to hold such proceeds or part thereof for a period of three years pending any claims by you for those proceeds failing which they shall be deemed to have been forfeited to Lagoon Beach Hotel (Pty) Ltd.
YOU HEREBY AGREE, AS A CONDITION OF YOUR OCCUPATION OF OR RESIDENCE AT LAGOON BEACH HOTEL (PTY) LTD, THAT LAGOON BEACH HOTEL (PTY) LTD AND THE DIRECTOR(S), MANAGER AND/OR OPERATOR OF LAGOON BEACH HOTEL (PTY) LTD AND THEIR AFFILIATES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY “THE SUPPLIER “) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACCIDENT OR ANY INJURY OR DEATH OF ANY PERSON OR THE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PROPERTY, WHETHER ARISING FROM FIRE, THEFT OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE SUPPLIER. YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNCONDITIONALLY INDEMNIFY AND AGREE TO HOLD HARMLESS THE SUPPLIER IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and Lagoon Beach Hotel (Pty) Ltd is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Lagoon Beach Hotel (Pty) Ltd has no control over such external sites and resources, you acknowledge and agree that Lagoon Beach Hotel (Pty) LTd is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.
Limitation of Liability
LAGOON BEACH HOTEL (PTY) LTD SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF LAGOON BEACH HOTEL (PTY) LTD.
YOU HEREBY INDEMNIFY LAGOON BEACH HOTEL AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM LAGOON BEACH HOTEL (PTY) LTD OR ONE THAT PURPORTS TO EMANATE FROM LAGOON BEACH HOTEL (PTY) LTD, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF LAGOON BEACH HOTEL (PTY) LTD.
Changes to these Terms and Conditions
Lagoon Beach Hotel (Pty) Ltd reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Lagoon Beach Hotel (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that Lagoon Beach Hotel (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.