TERMS & CONDITIONS
Payment Agreement & Cancellation Policy
100% of the booking fee will be charged to secure your booking.
When cancelling more than 30 days before arrival, we reimburse the booking total in full.
When cancelling less than 30 days before arrival, forfeit 50 % of the booking total.
When cancelling less than 14 days before arrival, forfeit 100 % of booking total.Important to note:
No pets allowed.
Any breakages, stains or damage to the cottage, furnishings and linen or towels provided during a guests stay will be charged to their final account.Check-in: 3 pm
Checkout: 10 am- The Guest, by signing this registration card, warrants that he is duly authorized to sign for and bind all persons represented by him and / or for whom he is responsible and / or for whom he is arranging accommodation at Loch Loerie (“his party”), to these conditions of residence and failing such authority in respect of any member or his party, agrees, that in addition to any other remedies Loch Loerie may have against him, for breach of this warranty, to be personally liable for all amounts arising from the residence of himself and his party at Loch Loerie and indemnifies Loch Loerie against any claim made by any member of his party, as contemplated in clause 4 below.
- The Guest accepts full liability for all additional charges incurred by him and his party during the tenure at Loch Loerie. All amounts incurred by the Guest will be invoiced and all such invoices are due and payable on presentation or before the guest checks out. Any queries of specific items shall not affect immediate payment of any other outstanding amount.
- The Guest hereby agrees on behalf of himself and the members of his party that it is a condition of his / their residence at Loch Loerie that Loch Loerie shall not be responsible for any injury or harm to or death of any person (or any minor dependent of that person) or for the loss or destruction or for the damage to any property or any damages of any other kind (as well as that of any minor dependent), including but not limited to, pure economic loss and a claim for loss of support occurring upon the premises, whether arising from fire, theft, drowning or any cause of whatsoever nature or kind and by whomever caused, whether arising from the negligence (gross or otherwise) or wrongful act of any person in the employment of or contracted to Loch Loerie or otherwise. Furthermore, the Guest hereby indemnifies and holds harmless Loch Loerie and such persons against any claim, as contemplated above, that may be made against Loch Loerie and / or such persons by any person occupying the room together with the Guest or any invitee of the Guest.
- The Guest and each of his party agree that Loch Loerie shall have lien over all items brought by the Guest or any member or his party onto the premises of Loch Loerie for all amounts due to Loch Loerie by the guest or any member of his party, no matter how and when such debt occurred.
- Notwithstanding the amount which may at any time be owing, the guest consents in terms of Section 45 of the Magistrate’s Court Act (No32 of 1944, as amended) to the jurisdiction of the Magistrate’s Court in any action or proceeding otherwise beyond its jurisdiction, it being understood however that Loch Loerie shall at all times be entitled to bring any such action or proceedings in the High Court. If any such actions be necessary, the Guest agrees to pay all costs and disbursements as between attorney and client and collection commission. A certificate from the manager of Loch Loerie shall constitute prima facie proof of the indebtedness of the Guest and / or his party.
- The Guest chooses domicilium citandi et executandi for all purposes at the physical address listed by the Guest on this registration.
- No changes, alterations, variations or cancellation of any of these conditions shall be binding on Loch Loerie unless agreed thereto by Loch Loerie in writing. These conditions and the Guest’s stay at Loch Loerie shall be governed by and construed in accordance with the laws of the republic of South Africa.
- No warranties or representations, whether express or implied not stated herein shall be binding on the parties.
- All the information contained in any website, brochure or other media form is subject to alteration at any time without prior notice and Loch Loerie will not be bound to comply exactly therewith. Loch Loerie shall not be held liable for any inaccuracies in any website, brochure or other information supplied by it or on behalf of it and Loch Loerie shall not be held liable for any accidents or happenings arising out of such faulty information.
- Advices, recommendations or opinions by representatives of Loch Loerie are given and expressed in good faith and shall not constitute representations of any description and shall not give rise to any claim against Loch Loerie or such representatives.
- If any provision hereof is held to be unenforceable by any court of law, such provision shall be severable from these conditions and shall not affect the remaining provisions, which shall remain in full force and effect.
- Loch Loerie does not accept any responsibility or liability for the safe custody or loss of or damage or destruction to any property stored or left in the room and / or on any other part of Loch Loerie’s premises, whether as a result of willful, grossly negligent or negligent or other wrongful act of any person, whether it be in the employ of Loch Loerie or otherwise or from any other cause whatsoever and however arising. The Guest agrees that after his departure or that of any other member of his party, Loch Loerie may retain goods left behind by him and / or any member of his party, for a period of two weeks, pending any claims by the Guest and / or any member of his party, failing which the goods shall be forfeited to Loch Loerie to dispose of as they see fit.
- The Guest and all persons occupying the room together with the Guest and all invitees of the Guest, hereby indemnify Loch Loerie against any claim, action, judgement, costs or expenses which may be made or instituted against Loch Loerie in respect of any loss of or damage to property or possessions or the death of or personal injuries, including injuries to dignity or reputation, sustained by him, arising from or connected to the Guest making use of any facilities, services, accommodation or receiving treatment or taking part in any activities of whatsoever nature.
- No waiver made by Loch Loerie to the Guest shall be valid unless in writing and any such waiver shall be construed strictly as relating to the matter in respect whereof it has been made and no indulgence by Loch Loerie shall operate as an estoppel against it in respect of any of its rights hereunder, nor shall it operate so as to prelude Bay View thereafter from exercising its rights strictly in accordance with these terms.
- The Guest shall be precluded from raising any complaint or disputing liability to Loch Loerie in any way unless he shall have notified Loch Loerie of his complaints or grounds of dispute, in writing within 7 (seven) days after the departure date.
- The Guest shall not be entitled to cede or assign the reservation to any third party nor utilize Loch Loerie’s facilities for any other purpose than that stated, without Loch Loerie’s prior written approval.
