Terms & Conditions

THE COMPANY

Name: The Cabin Company (Pty) Ltd. trading as Stonewood Mountain Cabin (“The Company”)

Registration number: 2021/596214/07

Directors: Quintin Combrink; Nicholas Bester

THE COMPANY’S CONTACT DETAILS

Email: info@stonewoodmountaincabin.com

Cape Town, South Africa

ACCEPTANCE OF THIS AGREEMENT BY YOU

You may make use of The Company’s services and websites, subject to the terms and conditions outlined in this document. This agreement is valid and binding on all persons who access this website (or any part thereof) or who use The Company’s services (as outlined below). Please read this agreement carefully because by using this website or The Company’s services you will be deemed to have agreed to be bound by it. If you do not agree to be bound by this agreement, you must leave this website immediately and refrain from using The Company’s website or services, as further use will automatically bind you to this agreement.

ACCEPTANCE OF THIS AGREEMENT BY ALL GUESTS

By accepting this agreement, you also do so on behalf of behalf of all Guests included in your bookings made through The Company’s website or services and warrant that you have the authority to do so.

YOUR RESPONSIBILITIES AND ASSUMPTION OF RISK

It is solely your responsibility to define and provide the correct information during the booking process, as well as to assess the suitability of any travel service before booking. The Company may engage you via various communication channels and perhaps even use the website on your behalf, but it is still your responsibility to make the final assessment of suitability and to check the accuracy of all information before making a booking.

You understand and accept the responsibilities of using a self-service booking website such as that operated by The Company. These responsibilities include, but are not limited to:

• ensuring the selection of the correct Supplier with your required characteristics
• checking that accurate details have been supplied and captured in the booking
• ensuring that all the proper travel documentation and permissions have been obtained before completing your booking
• understanding what vaccinations or medication may be recommended for those travelling to your destination
• ensuring the eligibility of the guests, including age, health, financial status or any other factor
• any other factors which might influence your ability to take-up or enjoy your booking

For example, where the following documents are required, you alone are responsible for ensuring that the relevant travellers have them on hand:

• valid identification
• valid passport(s)
• valid visa(s)
• valid birth certificate(s)
• any other documents which may be required during your travels

The Company also recommends that you seek out insurance products to adequately protect you from the risks associated with your booking. There are various risks associated with travel, and you understand that none of these is guarded against by The Company. For instance, you should ensure that you are adequately protected against loss for reasons of illness, cancellation, injury, damage to your baggage, theft, or any other possibility.

During your time spent at the accommodation or in the Mount Bain Private Nature Reserve, you are bound by the Reserve’s Home Owners Association’s Code of Conduct, of which you have made yourself fully aware and accept. In addition to this and the contents of this document, you are bound by any term, condition, rule, or assertion purporting to be such as may appear on The Company website.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any accommodation. For example, this means: (i) you are responsible for leaving an accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times.

If you are booking for an additional guest who is a minor or if you bring a minor to the accommodation, you warrant that you are legally authorized to act on behalf of the minor and that in the absence of the minor’s guardian, you are solely responsible for the supervision and wellbeing of that minor during the stay at the accommodation.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the accommodation, participation in any experience, use of any other Suppliers’ Service as may be advertised on this website. This means it is your responsibility to investigate a Supplier’s Service to determine whether it is suitable for you. For example, Supplier’s Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Services

CORRECTNESS OF YOUR INFORMATION

You hereby undertake to ensure that all information you supply to The Company is correct and continuously updated, including, but not limited to, your name and email address. The Company shall not be liable for any damage, loss or liability of whatsoever nature arising from any misrepresentation by you.

FEES AND COMMISSIONS

The Company may charge you fees for services related to bookings, such as for placing, modifying, amending or cancelling the booking. The Company may receive payments or commissions from Suppliers for bookings. The Company may offer additional service offerings that may be offered directly by The Company or by the company acting as an agent of a Supplier.

Such additional service offerings may include their own terms and conditions which, when contradictory, will supersede these terms.

QUOTES, RATES AND PRICES

All rates published on this website are subject to change without notice. Furthermore, rates displayed anywhere on this website, other than a quotation, are to serve as guidelines only. Only quotations offered directly to a user through the website constitute legal offers. Quotations are always subject to the availability of The Company.

While The Company endeavours to display accurate prices at all times, pricing errors do occasionally occur. In such circumstances, The Company will reprice, even if the amount is included in a quotation or has already been paid for.

UNAVAILABLE BOOKINGS

If, after you have made payment for a booking, The Company no longer has your selected booking available, The Company undertakes to assist as far as possible insofar as of the Cancellation Policy permits.

CREDIT CARD PAYMENT OPTIONS

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

Among the other forms of payment accepted by The Company by special arrangement, payment may be made via Visa or MasterCard credit cards. The Company takes measures to ensure that payment with a credit card on The Company website is secure. The primary actions taken to ensure this security are as follows:

• Credit card transactions will be acquired for The Company via Peach Payment Services (Pty) Ltd (www.peachpayments.com), trading as Peach Payments, Registration number 2012/076633/07.
• The Company does not store any complete credit card details on our system. Credit card details are forwarded to Peach Payment Services (Pty) Ltd who authorise the transaction.
• The Company and Peach Payment Services (Pty) Ltd use strict encryption. No credit card details are ever sent via unsecured methods such as email.

Save as otherwise provided for in this agreement, the rules, processes and procedures of Peach Payment Services (Pty) Ltd and the relevant paying bank, clearing bank and card association shall apply to all payments and transactions concluded on this website and your rights and obligations in respect of payments due to or by you shall be governed accordingly.

Notwithstanding The Company adhering to the above primary measures, you hereby indemnify and do not hold The Company liable for any loss, damage or liability of any nature arising from payments and transactions concluded on this website.

DISSATISFACTION

If, for any reason, you are dissatisfied with your booking, please call The Company immediately. If your dissatisfaction emerges during your stay, you are encouraged to contact The Company immediately so that, where possible, the situation can be rectified for the rest of your stay. If you contact us after your stay, please do so within a week of your checkout. We do not, however, guarantee that we will be able to resolve your experience to your satisfaction.

INTELLECTUAL PROPERTY RIGHTS

Except as otherwise indicated, this website, and all text, images, trademarks, trade names, logos and other content contained herein, including, without limitation, The Company logo and all designs, text, graphics, pictures, downloads, information, data, software, sound, video and other files, domain names, web pages, patents, source code, meta tags, databases, hyperlinks, content and the selection and arrangement thereof are the proprietary property of The Company or its licensors or users and are protected from infringement by South African and international copyright laws and treaties. These may not be reproduced or appropriated in any manner without the prior written permission of The Company (or the other respective owners, if applicable). This website and all its content and rights to it is reserved under the name of The Company.

Unless expressly prohibited by a notice published on any page of this website, you may view, download and/or print such parts of this website as you may reasonably require for your own private and non-commercial use only – provided that any copy has attached to it any relevant proprietary notices and/or disclaimers and the content of this website is not reproduced, modified, adapted or processed in any manner whatsoever.

Except for the above, all other use of this website and its contents is prohibited, and without limiting the generality of the aforegoing, no person shall be entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, use or exploit for commercial or non-private purposes or create derivative works of such content without The Company’s prior written consent.

You are not allowed to amend, copy, use, decompile and/or reverse engineer the source code of this website. You may not use logos, icons or trademarks from this website as hyperlinks or for any other purpose without The Company’s prior written consent.

This website contains material which is owned by or licensed to The Company. This material includes, but is not limited to, the design, layout, look, appearance and graphics, and may be subject to copyright and/or other design or intellectual property rights. You may not copy, replicate or use such information, other than as agreed to between us and/or the right holder, or to the extent that such use is incidental to your use of the website.

ACCURACY OF SUPPLIER CONTENT ON THIS WEBSITE

The Company undertakes to take reasonable care to ensure that the information provided by third-parties on this website is accurate and up to date.

However, we do not perform site inspections of all Suppliers. We accordingly make no warranties concerning the accuracy or completeness of the information supplied by the Supplier listed on this website or of information supplied by users of this website.

You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on this website to The Company and we shall use our reasonable endeavours to correct and/or remove such content, or any part thereof, if you provide reasonable grounds to prove the alleged nature of such content.

While every effort is made to ensure that all information on the site is updated and correct, The Company shall not be liable for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to The Company through this website.

SERVICE INTERRUPTIONS

We undertake to maintain our reservation service and the technology supporting it, but we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions, or that the service will be uninterrupted and error free. The Company shall not be liable for any damage, loss or liability of whatsoever nature arising from any defects that may be found to exist, or may occur from time to time, in The Company service. You are encouraged to report any possible malfunctions and errors to The Company.

Furthermore, The Company shall not be liable for any direct or indirect loss or damage suffered whatsoever as a result of “hacking” of this website, planned or unplanned outages or the actions of service providers, including relevant hosting and equipment providers. You hereby indemnify and hold The Company harmless in respect of any claim arising from any “hacking” or other outages of service.

USE OF HYPERLINKS

The Company is not responsible for the content, availability, products and/or services of any other website from which you have accessed this website or to which you may hyperlink from this website. Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to this website. Such a hyperlink does not signify that The Company has reviewed or approved of the third party’s website or its contents, products or services, nor does it imply a recommendation, endorsement, support or association by The Company of the content, products and/or services of such websites.

You may not frame this website in any manner whatsoever, without the prior written permission of The Company.

SECURITY

The Company shall take all reasonable steps to secure the content of this website, as well as the information collected from you, from unauthorised access and/or disclosure. The Company does not, however, make any warranties or representations that the content of this website shall be entirely safe or secure.

We recommend that you install anti-virus software before downloading any material from this website and ensure that such software is compatible with your equipment and regularly updated.

You may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spyware, to this website or the server and computer network supporting this website. Notwithstanding criminal prosecution, if you deliver or attempt to deliver any damaging code to this website, whether on purpose or negligently, you indemnify and hold The Company harmless, without limitation, against any and all losses, liabilities and damages which The Company may suffer as a result of such delivery, attempt or damaging code.

You may not develop, distribute or use any device or programme designed to breach or overcome the security measures of any restricted pages, products and services on this website and The Company reserves the right to claim damages from any persons who are directly or indirectly involved in the development, use and distribution of such devices or programmes.

If you commit any of the offences set out in sections 85 to 88 of the ECT Act, you shall, notwithstanding any criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by The Company due to or related to such offences.

ACCESS TO THE WEBSITE

The Company reserves the right to restrict, suspend or terminate your access to this website at any time if The Company is of the view that you have breached these conditions of use. Any such restriction, suspension or termination will be without prejudice to any rights which The Company may have against you in respect of such breach.

The Company has the right to remove this website as a whole, or any sections or features of this website, at any time without notice. The Company does not provide any warranties or make any representations that this website shall be available at any specific time.

NO WARRANTY

This website is supplied on an “as is” basis, without any warranty of any kind, express or implied, as to the operation of this website, the accuracy of the information or the products or services referred to on this website and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this user agreement with The Company that the service available from and through this website will meet your individual requirements and be compatible with your hardware and/or software.

PERSONAL INFORMATION

You hereby give consent to the Company to process your personal information for all purposes as may be required, related to your booking/s, in accordance with the provisions of the Protection of Personal Information Act.

You hereby undertake to keep secure all passwords, communication or information used or gathered that may be required for your access to, or use of, the website or property, prior to, during or following your stay. You are legally bound by any action performed on this website by any person with access to your account or information.

Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. Please note that you will not be able to take advantage of certain promotions if you disable/unsubscribe from certain communications, which you will have the option to do from within all communications.

The Company retains your personal data as long as we are providing a service to you. We retain personal data after we cease providing services to you to the extent to comply with our legal and regulatory obligations. When we retain your personal data, we do so in accordance with any limitation periods and retention obligations that are imposed by applicable law.

Names, e-mail addresses, telephone numbers and fax numbers published on this website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this website may be used to communicate unsolicited communications to The Company and all rights detailed in section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002 (“ECT Act”) are reserved.

If you use information from this website in breach of this user agreement, The Company reserves the right to claim damages and/or institute criminal proceedings against you.

You hereby indemnify The Company for any damage, loss or liability of whatsoever nature arising from unauthorised access to this website.

DISCLAIMER

Neither The Company nor any of its directors, employees, officers, representatives, agents, consultants, suppliers, service providers or sub-contractors (“Indemnified Parties”), shall be liable for any direct, indirect, special or consequential losses or damages of whatsoever nature that may result from:

1. your access to or use of this website or accommodation; or
2. your purchasing and/or using any of the products and services available on this website; or
3. the unavailability of any of the products or services provided on this website; or
4. the inability to access this website or use the products and/or services available on this website; or
5. the use of hyperlinks on this website or the use of or reliance on any website from which you hyperlink to or from this website; or
6. access to or the inability to access websites linked to this website; or
7. access and/or use of this website by any person in a jurisdiction from which such activity is prohibited; or
8. the submission or transmission of information or material on or through this website by you; or
9. the violation of these conditions of use or any other laws, regulations and rules by you; or
10. information or material which you have submitted to The Company which violates any law or breaches any third party’s rights (including, but not limited to, defamation, invasion of privacy, breach of confidence or infringement of copyright or any other intellectual property rights).
11. Your interaction with any Supplier. Such interactions may include but are not limited to, any stay made at any accommodation booked through The Company’s website or services or any flight scheduled through The Company’s, or third-party booking agencies’ websites or services.
12. The interaction of any traveller associated with any booking made through The Company’s website or services with any Supplier. Such interactions may include but are not limited to, any stay made at any accommodation booked through The Company’s website or services or any flight booked through The Company’s website or services.

You hereby indemnify and hold harmless the Indemnified Parties against any losses, damages, liability, claims or costs of whatsoever nature, whether compensatory, direct, incidental, consequential or otherwise, incurred by the Indemnified Parties arising from or in any way related to (1) to (12) above.

The Company reserves the right to defend and control any claims arising from the preceding information, and you agree to co-operate fully with The Company in any such defences.

In the event that, notwithstanding the remaining provisions of this user agreement, we are liable to you for any damages, such liability shall be limited to a maximum of the monies that you have paid to us.

FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

VARIATION

The Company reserves the right, in its sole discretion, to vary this agreement or any part thereof at any time without prior notice or justification. Any such changes will be posted on this page. You are encouraged to review this agreement at the inception of each session, as you will be deemed to have accepted any such changes (which shall come into effect once posted on this website) if you continue to use The Company’s websites or services after they have been posted.

THE ENTIRE AGREEMENT

This agreement constitutes the entire agreement between you and The Company and supersedes any and all prior promises, representations, agreements, policies and understandings of whatsoever nature. To the extent that any part of this user agreement is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall to that extent be severable from the remaining terms, all of which shall remain enforceable and applicable, as permitted by law.

FAILURE TO ENFORCE

Any failure by The Company to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. The Company has the right to cede, assign or otherwise transfer its rights and obligations in terms of this user agreement to any third party.

LEGAL COSTS

The Company shall not be liable for any costs incurred by you to obtain professional advice regarding this user agreement, or should you pursue any further legal action as a direct or indirect result of the use of the website or any services or accommodation provided by The Company.

JURISDICTION

The laws of South Africa govern this agreement. You agree that any cause of action that may arise under this user agreement shall be commenced and heard in the Magistrates Court of South Africa.

LIABILITY

The company, its owners and personnel will not be liable (or held responsible) for any damages, loss, injury or illness that results from the use of the facilities at Stonewood Mountain Cabin. All facilities used and entering the premises is at own risk. Please note that we are based in a mountain area and visitors may experience close encounters with natural fauna such as baboons, spiders, snakes, field mice, birds and other small animals and insects. Again we cannot be held liable for any loss or injury that could result from such encounters nor can we guarantee that none of these very natural residents will find their way into the Cabin.

The person who made the booking and received these conditions agrees to inform all the members of the group of the conditions and accepts the responsibility to ensure that all the members conform to the stipulations thereof and is responsible for paying the account. Right of admission is reserved. Any person who misbehaves to the judgement of the management or any of its staff members has to leave the premises on request.

BOOKING POLICY

Refer to our booking policy for further information.

CANCELLATION POLICY

Refer to our cancellation policy for further information.

PRIVACY POLICY

Refer to our privacy policy for further information.