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TERMS, CONDITIONS, GUIDELINES, POLICIES AND BODY CORPORATE / HOUSE RULES
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The new Consumer Protection Act requires us to put terms and conditions in plain language, as well as to clearly highlight any conditions that limit our liability, or could pose a risk to you the consumer. We therefore first of all require you to first of all become aquainted with South African Consumer Protection Laws and then make sure what you read here and will have to adhere to is acceptable to you. If not acceptable then we unfortunately cannot help you.
This document has been drawn up by a normal person and not by legal entitities to try and ensure it's readability by the majority of people. As such you acknowledge and accept that it might contain errors, legal or other incorrect statements or terms having been left out etc. Should you or anyone appointed by you or a third party find any such mistakes or if anything contained herein or any of our actions are unclear or questionable you will inform and allow us to correct this in any way we see fit without taking any action against www.inyonirocks.co.za, it's owner, flat owners, representatives or the Body Corporate or it's members.
No verbal agreements are accepted or will be entered into.
Any and all communications must be in writing by email to our designated email address at the time.
Throughtout all of our advertising material, website, agreements, emails and any other documents or agreements Errors and Omissions are Excluded / Excepted (E&OE). That is E&OE are applicable to everything received from or generated by www.inyonirocks.co.za or any of it's representatives.
We also cannot guarantee in any way any of our services or products provided.
Guests are responsible for everything, the same as looking after their own home and family, for example, insurance covering all aspects during their stay, ensuring everything / everyone is safe.
Your booking confirmation received from www.inyonirocks.co.za will indicate the maximum allowable number of guests and details of guests booked for and to be accommodated inside the flat and on the complex premises. A breach of this might result in actions taken not limited to additional fees as determined by the owner, key and breakage deposit forfeited, legal action, criminal action or whatever else we see fit.
The different configurations of absolute maximum guests allowed per flat is indicated below, with any other configuration we must get aproval from the respective flat's owner via www.inyonirocks.co.za before the booking can be made. Even if quoted on other configurations, the owner has to approve first before the booking can be made.
| Maximum Adults | Maximum Children (seventeen and younger) | Maximum Guests | |
| | | |
| 4 | 6 Minus the number of adults | 6 | |
| | | |
Please note again that what is indicated on your booking confirmation is the maximum adults and children allowed. No deviation from this is allowed.
Children are generally defined as persons younger than eighteen and are the own children of the adult guests.
With advertised specials children are generally defined as persons younger than thirteen and are the own children of the adult guests.
Other children or friends coming along must be explicitly specified separately and are seen as additional guests and will most likely have an influence on the price.
Where multiple adults are indicated, it consists of multiple sharing adults. For example, Two adults means two sharing, that is one couple, four adults means two sharing couples, three adults means one couple and one single.
Tariffs / Rates include DSTV with the premium subscription, one undercover and one open parking as well as the usage of two safes, one per bedroom.
(At the time of writing the DSTV Premium subscription is the full subscription, excluding any specialised or non standard add-on channels.)
Inventories must be checked and any discrepancies reported within 24 hours of arrival. If no shortages are reported by the guest of the unit, it will be regarded as correct and guests will be held responsible for any shortages or breakages on vacating the unit.
Check in time is strictly after 14h00 on the day of arrival and the unit must be vacated at 10h00 on the day of departure.
Check in time is after 14h00 on the day of arrival, however you are allowed to arrive from 10h00 onwards but must get permission from us in writing beforehand.
The flat MUST be vacated at the latest 10h00 on the day of departure.
If arriving before 14h00 you accept the fact that departing guests have until 10h00 to vacate the flat, you being there whilst cleaning are in progress and the fact that we cannot know in what state the departing guests leave the flat, all have an effect on the cleaning.
When vacating the flat guests are required to leave the flat clean and to make sure that all doors and windows are closed.
The unit is serviced daily except for Sundays and Public Holidays. This is also dependant on other factors, such as transport, sickness, strikes etc.
Beach towels are not provided and if any bath towels are provided, they may not be used as beach towels.
Please note that no braaing (barbequing) is allowed on the patio or balcony. This is only allowed at the communal braai facilities situated on both sides of the sea facing block of flats.
Hanging of clothes on the balcony walls and windows are not allowed. Washing lines are available in the complex.
The owner can and will not be held responsible or liable for any loss, inconvenience, injury, death etc. to the guest or accompanying parties.
There are stairs, pools, wet floors, sharp objects, balconies, non shatterproof glass windows and many other highly dangerous areas on the premises and inside the flat. Whether made highly visible or being warned about it or not, we can and will not be held responsible or liable for any loss, inconvenience, injury, death etc. to the guest or accompanying parties.
The premises and flats are not at all suitable for people with any disabilities.
Absolutely no pets are allowed inside the flat or complex grounds. Though we do not allow pets or any other animals, we unfortunately cannot be held responsible for any person bringing these onto the premises for whatever reason, whether given special permission or not.
Under no circumstances may furniture be moved around.
The right of admission is reserved.
You are not allowed to give the access code, keys, electronic discs or any other items used to gain access to the complex and flat to anyone other than the guest(s) indicated on your confirmation email received from www.inyonirocks.co.za.
Please read and adhere to any house-rules provided.
The loss of keys is a costly event and unfortunately has to be dealt with immediately. You accept any and all responsibility with the keys and other access control items.
The guest has to immediately inform us in which case we will make arrangements for a locksmith to replace all locks for the guest's account, to be paid to the locksmith on
arrival. Other access control items like discs etc. also has to be replaced and costs at least R250.00. The guest is required to stay inside the flat until a locksmith can
attend to the matter. As such it is of utmost importance and only for your protection as well that the guest take care of the keys.
Deposits
Failure to deposit required fees within the stated period or late payment thereof will result in the reservation being cancelled and the required period becoming available on a first come first serve basis.
Note that this applies to confirmed bookings. (No initial deposit as per written procedures received from us means no booking / reservation at all.)
Deposits per cheque can take seven plus banking / business days to clear in our account and as such puts you at risk of loosing your option to book or confirmed booking during this time. This also applies to any other means of payment involving delays. It is thus to your best interest to ensure payments are cleared in our bank account as soon as posible. For us to do allocations, confirm, complete or keep bookings, any monies owned or requested must have been cleared in our account.
The booking system releases the balance on your key and breakage deposit fourteen plus days after your departure date after which we can do an electronic funds transfer if you have supplied us with your banking details. Failure to supply us with the details will result in the deposit being credited to your account on our booking system for a maximum of one year after which it will not be refundable.
Important notes about quotations, deposits and securing a booking:
- The word booking does not mean a valid and secured booking with us unless all requirements indicated have been met by you and we have confirmed in writing that you have a booking with us and it has been secured.
- We do not guarantee a valid period for quotes, i.e. quotes are valid only for the moment sent from us. We can on request guarantee quotes but only until end of business day, generally around 4pm on the same day we processed and sent your quote.
- We provide multiple guests with quotations as requested and in most cases the first deposit cleared with our bank secures the booking. Should you have made
your deposit but for whatever reason be unsuccessful in securing the booking, we will return your deposit. In most cases their will also be no administration costs deducted.
- The closer it gets towards the required accommodation period the more important it is to pay the securing deposit as soon as possible in order to avoid disappointment.
- Note also that paying by cheque will in most cases cause the money to be cleared with our bank in at least 5 work days, you will thus run a greater risk of someone else securing the required period before your cheque clears.
- Though we do understand that guests would like to secure bookings far in advance so as to not run a risk of not having a booking. This unfortunately also increase the likelyhood of an increase in our tariffs within the period leading up to the arrival date. This difference will be added to your booking cost and are payable by guests.
- The system base costs not just on number of guests, nights etc. but also on an individual enquiry marketing based process and as such costs indicated can be different for two exact same enquiries recieved around the same time.
- Costs are also affected by the amount of details supplied, like the number of children and what their ages will be at the time of the requested period of stay etc.
- Should there be a discrepancy over payments due, how the deposit must be paid, how much has already been paid, differing information in various emails, advertisements, differing agreements etc., the final decision on this and related matters will be with us, though we will try to resolve this under amicable terms.
What this in effect means is that after you have indicated your interest in or requirement for booking accommodation with us, the period required will still
be available to other potential guest's requests, even after we have provided you with a quotation. You can thus only be assured of your accommodation booking
being secured once your deposit have been received AND cleared in our bank account AND we have sent you a confirmation for the secured booking.
Race conditions like these are more likely to occur when making a booking for in season periods, however, well deserved holiday accommodation is not something to
loose out on...
Cancellations
Please note that cancellations are handled on a case by case basis and that you remain responsible for paying the full amount. However, we try our best to find replacement bookings and if successfull it is very likely that you will get a refund.
It is thus also important to rather secure bookings once sure about your holiday, and not make the booking just to ensure no-one else does and thereby denying someone else the oppertunity and causing us risk in financial damage should you not follow through.
Notes:
Cancellation will only be initiated once written notice of the cancellation has been received in addition to the details required by us to cancel the booking. Only then will we be able to advertise and make the period available in order to try and find alternative guests.
In most cases where we are unable to find a replacement booking you remain responsible for the full amount due to the loss encountered with the flat not generating income.
Refunds can only be done electronically and to the account where payment was received from, for this we will need your proof of payment or identification must match that of the guest name.
Any additional costs above the normal encountered might also be subtracted before any reimbursement, in most cases this is limited to overseas transfers that cost in excess of ZAR100 in most cases.
Cancelling a second or more times within a five year period is not possible and you will thus stay responsible for paying for the booking in full.
Enquiring about our offerings, reading any of our material, paying a deposit or any other interaction with our offerings are construed to be acceptance of these terms and conditions and binding on all.
Our terms and conditions remain applicable to any material proliferating from our offerings through the internet or other mediums.
We reserve the right to change any of our offerings, tariffs, services, rules or terms and conditions without prior notification to any party.
Please also see Rates for additional information.
Adhering to the terms and conditions and following all policies and procedures can enhance and ensure a trouble free holiday!
Although we have tried to make the terms and conditions as clear as possible, trying to not use legal terms etc. unclear to the man on the street, you should contact us if anything is unclear or raises some questions so that we can provide you with a definite answer or decision.
Ensuring the safety of everyone booked into the flat rests solely on the guests shoulders and is thus entirely your responsibility.
The activities and conduct of guests and their children shall be reasonable at all times and must not annoy, disturb or cause danger or harm to other guests or neighbours.
Guests are required to keep television and radio volumes down and to keep conversation volume at normal levels so as not to disturb other guests.
- In addition to advertisements shown from Google's AdSense program, we might now also use third-party advertising companies to serve ads as part of
the Google AdSense program when you visit our website. These companies may use information (not including your name, address, email address, or
telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
If you would like more information about this practice please feel free to email us with details or search the Google website.
You can also click here to visit Google's page listing these
third party vendors as at 23 May 2008.
- Google, as a third party vendor, uses cookies to serve ads on this site.
- Google's use of the DoubleClick DART cookie enables it to serve ads to users based on their visit to sites on the Internet.
- Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
- Any advertisements placed by us remain dependent on availability and has to be confirmed with us in writing.
- The availability calendar on the internet is not necessarily up to date no matter when it was last updated.
- Our system does not allow for providing a number of dates available within a period, that is, a list of possible available periods.
- Emails received from us indicating reason(s) for not being able to accommodate you, does not necessarily list all reasons of not being able to accommodate you.
- Enquiries / emails from you might get ignored, blocked or deleted due to apparently not reading mails sent to you, or due to your mail looking suspicious, or due to it being considered spam or unsolicited email or due to its content not acceptable.
- Enquiries from public email addresses and without real names or contact details provided will most likely be deleted without a response.
- Enquiring on behalf of someone must be clearly specified with full details of both parties involved.
- Emails looking suspicious for whatever reason might get ignored or reported / forwarded to relevant authorities.
- Should it appear as if you haven't received our previous reply mail we might at our own discretion try again from a different address.
- Providing seemingly false contact details or other information will most likely have you "blaclisted" with us, meaning we will not engage in any further business with you. This means that you should also state right from the start, with full details, should you not be the actual guest wishing to be accommodated / stay in our flats.
- Providing limited information or using public, free or similar email or computer services might cause us to process your enquiry with much more suspicion than normal and possibly ignore your enquiry or provide you with minimal information.
- Return / regular visits will in almost all cases earn more points with us and ensure preference over other enquiries and bookings and possibly ensure other benefits as well.
- Requesting information already available on the site will most likely have your email ignored.
- Requesting information not directly related to us and our business will most likely have your email ignored.
- Requesting any personal information related to agents, managers, staff or flat owners will also most likely have your email ignored.
- Not reading reply mails from us properly and asking questions already answered will most likely have your email ignored.
- Enquiring multiple times without booking or drawing suspicion towards your enquiries for whatever reason will have your contact details black listed with our system causing us not to respond to further enquiries.
- We might at any time require you to provide us with specific forms of identification, proof of residence or income, failure to do so or should there be any discrepancies we will terminate your enquiry or booking immediately without explanation.
- Pensioners are deemed to be elderly people of sixty five years and older.
- Where prices are being calculated and dependent on number of children, the age determining when a guest is a child or an adult is not fixed and will be determined and finalised at the time of booking finalisation.
- When enquiring and only mentioning approximate or giving some indication of some guests being children without providing ages, the prices will be based on children younger than twelve. Should this be incorrect you are to informa us immediately so we can correct the quotation.
- In cases where guests have stated exact and correct ages of children accompanying parents, the children might be considered and priced as children even though older than the adult/child separation age, thus providing you with a possible cost benefit.
- Having entered your contact details like phone numbers incorrectly in forms, emails or other communication to us will most likely cause your communication to be ignored.
- The availability calendar on the internet might show overall availability for multiple establishments, that is it might show availability when there actually is none for a specific establishment.
- Longer stay bookings receive priority over shorter periods, no matter what season you are looking to stay. Short term stays will most likely go onto the waiting list until close to the period requested. Our system also takes into account other factors like demand etc. before making a period available. It is thus essential to email us and not rely on the calendar alone.
- Being placed on our waiting list doesn't mean that we will be able to accommodate you if and when we process entries on the waiting list. The waiting list order is system dependent and generally includes criteria such as length of stay, number of guests, season and others. There is also no guarantee that we will get back to you and with what we might be able to accommodate you.
- Guests are allowed only one date on the system's waiting list.
- Repeat visitors / guests might receive preferential treatment and other benefits.
- How much information we supply, the amount of work done on your enquiry and whether we can accommodate you also depends on many factors like how much information you provided, the likeliness of you booking with us, the length of your stay, how well your enquiry fit in with our market and business aim, whether it is for a family, singles, multiple couples, students, number of adults, children and pensioners etc.
- Photo's or any other documentation supplied or displayed by us cannot be guaranteed to remain accurate past the time of creation.
- Internet based advertisements can in some cases not easily be deleted due to the way the internet works, in which case we would just leave it. It is therefore essential for you to verify any and all related information with us via email before making any assumptions.
- We do not accept any responsibility for any of our advertisements or any other content that proliferate through the internet. Search engines, spammers, news agencies, bloggers and many other entities do copy content to various places, whether legal or not.
- When an enquiry is a deviation from a then current advertisement or other specials you can expect to be quoted more than normal.
- Special deals are not neccesarily special in relation to our own prices, but might also be called a special deal because it was compared to another entity's tariff.
- Date and time indications can in many cases be interpreted in various ways, however we do not accept any responsibility if used in any way other than we intended.
- Only written quotations via our booking system are valid but are unfortunately only valid for less than a second.
- We do not make bookings or do any confirmations via telephone. Everything has to be in writing via our booking system.
- Our primary way of doing business has changed to electronic and by means of our booking system. Even though we do have an advertised telephone number this will not necessarily be used or answerred verbally. You should use our email address or submission forms available via our website. As a last resort you can send us a SMS. Either way, we unfortunately cannot guarantee a response or any other interaction or that it would be what was anticipated.
- Should you have a current booking you must ensure you phone us from the cellular number provided and shown on your confirmation to allow the system to identify and prioritise your call.
- Moving your booking doesn't mean the price will remain the same even though the booking might have been moved appearing to stay the same. You will eventually be notified should there be any price changes.
- Special deals cannot be altered / customised without reverting to the full price.
- We generally do not make or allow one night or just day bookings.
- The number of guests cannot be changed after quoting, in other words you are not allowed to deviate from the initial booking by taking in any additional guests or changing guest stipulated configuration.
- You are not allowed day or night visitors / guests without having requested permission for this prior to being quoted. Not adhering to this you will be asked to vacate the flat and complex immediately without reimbursement or claims of any sort. On failure to vacate the premises within the time set by management, the help of the Police will be called in.
- Less than seven night bookings will in most cases not be possible far in advance.
- Should there be breakages on the arrival date you must report it via SMS on the arrival date indicated on your booking and to the cell / mobile number you received your access code from. Should you fail to comply you will be held fully responsible for those damages.
- Should any unreported damages be recorded either by house keeping, the next booking, management etc. during or after your departure, you are not allowed to book with us again unless we and the owner can be sure that it was not due to you or it can be resolved and the owner gives his blessing.
- Accommodation unfortunately does not at all cater and is not suitable for people with disabilities.
- Though a very sensitive issue we unfortunately have to require that guests report any possible risk of damage to property before making a booking. Even if due to being disabled or impaired in any way it is unfortunately not a risk transferrable to property owners.
- In case of electrical damages to high current items, wiring, circuit breakers or plugs during the period of stay, the deposit will be held back until after the electrical bill covering the period of stay has been received and processed by the owner. Note also that this will only be possible after a actual meter reading and not with an estimated reading.
- Should you disagree with any deductions on your key and breakage deposit you must forward us your complete comments and facts immediately to allow the owner to make an informed decision.
- Banking costs like cash deposit fees, international transfers etc. will be deducted from your Key and Breakage deposit. You remain responsible for paying this should the balance on the key and breakage deposit not provide enough coverage.
- The key and breakage deposit amount might vary depending on factors like length of stay, number of guests season etc.
- Any towels provided by us are to be used as bath towels only and you are not allowed to take them outside the flat.
- We only provide an initial set of toilet paper rolls, meaning a maximum of one roll per toilet once you arrive.
- Some cupboards might have been locked, these are for owner use only. Should one have been left unlocked for whatever reason you are not allowed access to them or usage of any items contained therein. You are also required to immediately notify us by SMS.
- Agents are not allowed to provide referrals, unless they have specific instructions.
- We unfortunately do not allow for and do not take group bookings or bookings for multiple flats for whatever reason.
- No functions / gatherings are allowed.
- All facilities are for the sole use of the occupying guests. e.g. No cooking, storage for other people, inside or outside the complex.
- Safety, security etc. are in no means guaranteed. You are in fact to report any suspicious activities, events, objects etc. immediately to management and the relevant authorities.
- The safes are not for firearms or any other weapons and you are not allowed to leave any weapon unattended in the flat or anywhere else inside the complex.
- There are electrical fencing surrounding the complex, however, the condition of this is not guranteed due to various factors.
- None of the appliances found inside the flat or elselwhere inside the complex are intended for use by persons (including children) with reduced physical, sensory or mental capabilities, or lack of experience and knowledge, unless they have been given supervision or instruction concerning use of the appliance by a person responsible for their safety. Children should be supervised to ensure that they do not play, misuse or incorrectly use appliances. Any damages or risks should immediately be reported to management and the relevant authorities, and we ask that you please stand by or take other immediate steps to ensure the further safety of others.
- There are CCTV cameras inside the complex, however, the condition of this is not guranteed due to various factors.
- You accept the fact that your movements may be recorded and that this might be used anyway we see fit.
- Guests are required to ensure that access gates / doors are closed and secured at all times.
- Many emails, faxes and other types of content are parsed by our booking system for different reasons. We do not accept any reponsibility for any errors arrising from this.
- Should you find any errors in any correspondence or other content provided by us you should inform us immediately.
- Although we would try our best to remedy problems with booking errors, we do not accept any responsibility for any errors with regard to bookings, e.g. double bookings, incorrect dates etc..
- You are not allowed to use any information made available by us (www.inyonirocks.co.za) for any purpose other than to book with us, without first having obtained our specific written consent allowing you to use it for a specific purpose.
You accept that not adhering or following any of our terms, policies or procedures will have penalties instated and / or action taken as determined by the owner, notwithstanding what is being said on this page or any other previous documentation provided.
Credit Card transactions
Due to problems with guests not paying the balance of their account or in fact reversing the original deposit by requesting a charge back from
the credit card company we have no choice but to enforce the following check in / booking process.
As no signature is collected when booking via the internet, charge backs are always processed by credit card companies. Unfortunately some of
these charge backs are from dishonest or fraudulent guests staying multiple times with establishments and then charging back all payments, and
without a signature the credit card company will still upholding the charge back.
We thus need the following additional check in / booking process where credit cards are involved:
- Please print or copy this booking form.
- Complete and sign the form.
- Make a copy of your ID or Passport.
- Scan and email both pieces of paper to us or alternatively fax it to our FaxToEmail service provider. (Email address or Number can be found on our contact page).
Staying at most hotels, here or overseas, you will know that this checking in process takes place on arrival and you are not shown to
your room until you have completed this process. They do this for good reason and we need to do the same, just in a different way due to being a
self catering establishment. We thus also have to in some way obtain a signature from guests to protect ourself from potential chargeback liability.
Please note that content / information provided by us could include technical, typographical, chronological or other inaccuracies. Should you place any reliance thereon, you do so at your own risk.
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