These Terms and Conditions (“Terms and Conditions”) govern your use of the Cape Grace website located at www.capegrace.com, and also the Cape Grace mobile application. By accessing and using the website or mobile application you agree to be bound by the Terms and Conditions set out in this legal notice. If you do not wish to be bound by these Terms and Conditions, you may not access either the website or the mobile application.
Cape Grace reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is your responsibility to periodically check these Terms and Conditions at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Who we are
We are Cape Grace Hotel (Proprietary) Limited, private company duly registered and existing under the laws of South Africa: Registration Number: 1996/000866/07; VAT Registration Number: 4840155735; Physical Address: West Quay Road, Victoria & Alfred Waterfront, Cape Town; Telephone number: +27 21 410 7100.. We will accept service of all legal proceedings at c/o Ashersons Attorneys, 34 Plein Street, Cape Town, 8001, marked for the specific attention of Selwyn Zackon.
Cape Grace’s Directors and Office Bearers are John Ralph Thomas Moxon, Stephen Martin Levenberg and Sandra Lesley Pollard.
The main business of Cape Grace is a boutique hotel offering accommodation, catering, and leisure services.
Cape Grace is a boutique hotel delivering world class luxury accommodation in Cape Town. Our hotel is made up of approximately 120 individually custom decorated guest rooms and suites, as well as various dining and drinking venues within the hotel.
All rates are subject to the below:
- Per room per night
- Inclusive of full breakfast
- Quoted in South African Rands (ZAR)
- Subject to change without prior notice
- Inclusive of 15% VAT (subject to change)
- Inclusive of the tourism levy of 1% per room per night (subject to change)
- Breakfast charge is non-refundable
Terms and Conditions of the Site
All rights in and to the content, which includes but is not limited to the text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, of this website or mobile application is reserved and retained by Cape Grace, its affiliates or subsidiaries or any other third party owner of such rights. Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property right in or to the content.
You may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, material on this website or mobile application. You may not use the website or mobile application for offensive, defamatory, incorrect or untrue disclosure to any persons. All trademarks, logos and icons may not be used without the prior permission of Cape Grace. Any unauthorised use of the Cape Grace website or mobile application may result in termination of your account at any time.
We reserve the right to change or discontinue the content and/or services available from the Cape Grace website or mobile application without prior notice. Cape Grace may also suspend or terminate the website or mobile application at any time without prior notice.
You shall not decompile and/or reverse engineer the source code of the website or the mobile application.
These website Terms and Conditions shall apply in respect of all persons accessing this website or mobile application, or otherwise providing Cape Grace with Personal Information, including minors. If you are a minor (under 18 years of age), you may use this website or mobile application only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website or mobile application you will be bound by legal obligations and liabilities that you may incur as a result of your use of this website or mobile application and the services. You agree to supervise all usage by minors of this website or mobile application under your name or account.
You are responsible for maintaining the confidentiality and security of your name and password for access to the website or mobile application and you accept full liability for all activities that occur on or related to the website or mobile application under your name. You may not impersonate another user accessing the website or mobile application, nor provide false information to gain access to the website or mobile application.
Without limiting the generality of the aforegoing, the website or mobile application could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the website or mobile application prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new additions of this website or mobile application.
Merchandise visuals on the website may not necessarily be available for purchase at the Cape Grace.
Promotions and Campaigns
We may at times use this website to promote and offer the opportunity to participate in promotions and campaigns. All promotions and campaigns will be governed by their own Terms and Conditions. During the running of the campaign or promotions we may transfer personal information to a third party, being a sponsor or partner. All details of the collection of information for the duration of the promotion and/or campaign will be made available at the time of your acceptance to participate.
Some of these promotions or campaigns may have the ability to send the offer to a friend with your comment. Should you choose this offer, we reserve the right to collect your friend(s) information.
Only with prior written permission, may a third party site link to this website or mobile application provided that the link is pointed directly to the homepage of the Cape Grace website only. The link may not portray Cape Grace, its affiliates, or their products or services in a false, misleading, derogatory, or offensive manner. You may not use the Cape Grace logo or any other proprietary graphic or trademark as part of the link without the express written permission of Cape Grace.
Limitation of Liability
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on the website or mobile application, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this website or mobile application.
Due to the nature of the Internet, Cape Grace is unable to guarantee that any products and services or any website accessible by the website or mobile application are virus or error free. We therefore suggest that you check all e-mails, attachments and files before downloading them.
Both this website and mobile application are controlled, operated and administered by Cape Grace from its offices as set out below within the Republic of South Africa.
Cape Grace makes no representation that the content is appropriate or available for use in certain locations or countries.
Access to the website or mobile application from territories or countries where the content is illegal is prohibited. You may not use this website or mobile application in violation of South African export laws and regulations. If you access this website or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the High Court of South Africa in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
These Terms and Conditions constitute the entire agreement between Cape Grace and you with regard to the use of the content and this website and mobile application.
At Cape Grace our menu offerings are subject to change and may use ingredients containing common food allergens such as peanuts and other tree nuts, seafood including fish, molluscs and crustacea, wheat/gluten, eggs, dairy, soy, alcohol and sulphites.
We advise that you should always indicate to your waiter of any special dietary requirements, including intolerances and allergies, regardless of whether you are a returning guest or not.
Where possible, our staff will advise you on alternative dishes. However, while we do our best to reduce the risk of cross-contamination in our restaurants, due to the hand crafted nature of menu items the variety of procedures used in our kitchens, the self-service nature of our buffets and that the farming, handling and transportation of food items prior to their arrival in our kitchens is beyond our control we CANNOT guarantee that any of our dishes are free from allergens and therefore cannot accept any liability in this respect. Guests with severe allergies are advised to assess their own level of risk and consume dishes at their own risk.
The information provided on our website and in our restaurants should NOT be considered as any form of guarantee but as a best faith effort to provide you with information on our dishes. You should use this information to help you assess your own level of risk, based on your personal circumstances, before consuming any of our dishes.
Cape Grace Hotel (PTY) Ltd and its staff members, shareholders, subsidiaries, affiliates, officers and/or agents, will not assume any liability for adverse reactions to food consumed, or allergens which you may come in contact with whilst in the hotel.
Cape Grace, and any holding company, supplier, employee, director, partner, affiliate and agent, and any third party owner of rights or products (“the Owners”) make no warranty or representation as to the availability, accuracy or completeness of any third-party content accessible via an Internet link.
Neither the Cape Grace nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of the website or mobile application or any functionality thereof, or of any linked website, even if Cape Grace is expressly advised thereof.
You are encouraged to report untrue, inaccurate, defamatory or any other information necessary to Cape Grace.
Cape Grace will not be liable for costs incurred by you to obtain professional advice relating to any Cape Grace Terms and Conditions in any section of the Cape Grace website or mobile application.
Links to other Websites
The Cape Grace website or mobile application may contain links to other sites which are not within our control. These other websites will have their own policies and we cannot be held responsible for these or any other terms and conditions that may be within these sites. The Cape Grace does not accept any liability or any loss or damage as a result of the products, services, content or information obtained through these third party websites.
You agree to comply with all laws applicable within the Republic of South Africa relating to the use of the Cape Grace website or mobile application.
You agree to be financially responsible for any financial transactions made by you on this website or mobile application (as well as for use of your account by others, including without limitation, minors). You agree that the reservation facilities of this website or mobile application shall be used only to make legitimate reservations. You understand that overuse or abuse of the reservation facilities of this website or mobile application may result in you being denied access to such facilities, at the sole discretion of Cape Grace.
For any reservations or other services for which fees may be charged, you agree to abide by these Terms and Conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website or mobile application.
All costs associated with your stay as well as the booking procedure and cancellation policy at the Cape Grace are accessible via the website or mobile application or telephonically. Payment may be made online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections and withdraw by you prior to placing the final order.
By effecting payment via our website or mobile application, the transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and that a binding agreement has been concluded between Cape Grace and you authorising us to deduct or to debit the credit card for payments for services rendered to you.
Your hand signature shall not be required for authorisation purposes. Payment may be made online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections and withdraw by you prior to placing the final order.
In terms of Section 42(2)(j) of ECTA, you acknowledge and agree that Section 44 of ECTA will not apply to transactions concluded via the website or mobile application.
Limitations of action against us
Cape Grace offers you the ability to file complaints via the “Contact us” service of the website www.capegrace.com. Currently Cape Grace does not subscribe to any alternative dispute resolution code or mechanism.
In the event that you need to contact Cape Grace for purposes related to these Terms and Conditions, please us the following:
Telephone: +27 21 410 7100
Fax: +27 21 419 7622
This website was most recently updated on the 18 June 2018.