Terms of Residence

The Guest by signing, confirms that he has read and understood the terms and conditions of residence printed hereunder. The Guest
personally (and irrespective of the capacity in which he so signs) agrees to be bound by such conditions.

Cape Grace Hotel Proprietary Limited (Registration Number1996/000866/07) (hereinafter referred to as “Cape Grace”) includes references to the above company, the owners, managers/operators of the Cape Grace Hotel property and business, their tenants, holding and affiliated entities, licensors, members, directors, officers, employees, managers, agents, representatives and contractors.

Terms & Conditions of Residence:
 

1. An expression which denotes any gender includes the other genders, a natural person includes an artificial or juristic person,
including the State and vice versa and the singular includes the plural and vice versa.
2. The Guest hereby agrees to be personally liable for payment of all costs relating to his stay at the Cape Grace Hotel (“the Hotel),
including (though not restricted to), room charges, the cost of all goods and services supplied to the Guest or ordered by the
Guest, should they not be paid when they fall due.
3. The Guest, by signing this registration document, warrants that he is duly authorised to sign for and bind all persons represented
by him or for whom he is responsible (“his party”) to these Cape Grace’s standard terms and conditions of residence and failing
such authority, agrees to be personally liable for all amounts arising from his and his party’s residence at the Hotel.
4. The Guest and each of his party agree to pay not later than the time of departure, unless prior written agreement has been made
with Cape Grace Management, the room rate as determined by Cape Grace 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 the Guest and his party during his/
their stay at the Hotel . Periodic payments must be made if the account exceeds the credit limit designated by Cape Grace, and
accounts are payable on presentation.
5. A certificate from the Cape Grace manager or financial controller shall constitute [be] prima facie proof [deemed to be correct until
the contrary is proved] of the indebtedness of the Guest and/or his party and of the particulars therein for all purposes, including
any action instituted by Cape Grace against the Guest and/or any of his party.
6. The Guest agrees that after his departure, Cape Grace may retain goods left behind by him and or his party and hereby authorises
Cape Grace after giving one month`s notice to the domicilium address given by the Guest, of its intention to sell, privately or publicly or donate to any individual or charity at Cape Grace’s s sole discretion, to do so, at such price as Cape Grace may determine
and off-set the proceeds of such sale against the indebtedness of the Guest and/or his party and any balance shall be deemed
to have been forfeited to Cape Grace. Cape Grace shall furthermore be entitled to charge the Guest a reasonable fee in respect
of such period of time for which the items are left at the Hotel. The Guest and each of his party agree that Cape Grace shall have
a lien (a right to keep possession of property belonging to another person until a debt owed by that person is discharged) over all
items brought by any of them onto the Hotel premises, for all amounts due to Cape Grace by any of them, no matter how and when
such debt was incurred.
7. The Guest hereby agrees, on his behalf and on behalf of the members of his party, that it is a condition of his/their residence at
the Hotel and/or use of the facilities at the Hotel and/or his/their participation in any activity offered by Cape Grace (whether
such facilities/activities are provided/operated by Cape Grace or an independent contractor), that Cape Grace shall not be responsible for any injury or harm to or death or illness of any person (or any child under 18 for whom he is responsible) or for the loss
or destruction of or damage to any property or any loss of money or other valuables or loss or damage/s of any other kind (as well
as that of any child under 18 for whom he is responsible), including, but not limited to, loss of profits, pure economic loss [financial loss and damage], other monetary loss or a claim for loss of support or any damages of any other kind for anything occurring
upon the premises of the Hotel, whether arising from fire, theft, drowning or any other cause of whatsoever nature or kind and by
whomsoever caused, whether arising from the negligence or wrongful act of any person in the employ of or contracted to Cape
Grace or otherwise. The Guest and his party hereby waive all such claims and furthermore hereby indemnify [absolves Cape Grace
from responsibility to compensate for the loss occurred to the other party] and hold harmless Cape Grace against any claim, as
contemplated above, that may be made against Cape Grace by the Guest, his party or any person occupying the room together with
the Guest or any invitee of the Guest.
8. Cape Grace does not accept any responsibility or liability for the safe custody or loss of or damage or destruction to any money, valuables or other property stored or left in the room, room safe and/or on any other part of the Hotel premises, whether as a result
of negligent or other wrongful act of any person, whether in the employ of Cape Grace , contracted to Cape Grace or otherwise or
from any other cause whatsoever and howsoever arising. Further Cape Grace does not accept any liability or responsibility for any
claim resulting from a failure of the electricity, water (whether as a result of drought or otherwise) or other utility supply, the failure
of backup generators, inverters or reservoirs and whether or not caused by the Cape Grace’s negligence.
9. The Guest hereby consents to the jurisdiction of the Magistrate`s Court, having jurisdiction over the Guest in respect of any proceedings in connection with the stay of the Guest and his party at the Hotel . Notwithstanding the aforegoing the Cape Grace shall
have the right to institute all or any proceedings connected with such stay in any division of the High Court of South Africa having
jurisdiction. If any such actions be necessary, the Guest agrees to pay all costs and disbursements as between attorney and client
[all costs the attorney is entitled to recover against his client] and collection or similar commission at the prescribed rate.
10. The Guest acknowledges that Cape Grace at all times reserves the right of admission and accepts no liability for any loss or dam- ages that may result from the legal and reasonable exercise of such rights. Cape Grace Management reserves the right to refuse
alcoholic beverages to Guests who are demonstrating intoxicated behavior. Management further reserves the right to remove /
have Guests removed from the premises, who pose a threat, discomfort or danger to staff, other Guests and/or the Hotel premises and any of its contents.
11. Guest Rooms will attract an additional charge should the guest occupancy exceed the number reserved .
12. The Guest shall be responsible for any damage or destruction caused to the Hotel premises, allocated rooms, the furnishings,
utensils and equipment therein, by any willful act, default or negligence and shall be liable to pay for such damages.
13. All bedrooms and public areas inside the Hotel are non-smoking in accordance with the current South African Tobacco Control legislation. The Guest shall be liable for all costs incurred by Cape Grace as a result of non-compliance with the above. Cape Grace has
the right to charge the Guest an additional fee, if the Guest or any member of his party fails to comply with this policy.
14. All the information contained in any website, brochure or catalogue (or which accompanies, or forms part of any offer made by
Cape Grace), is subject to alteration at any time without prior notice and Cape Grace will not be bound to comply exactly therewith.
Cape Grace shall not be liable for any inaccuracies in any website, brochure or other information supplied by it and shall not be
liable for any accidents or happenings arising out of such faulty information.
15. No animals are allowed on the premises, unless it is a guidedog or emotional support animal.
16. Menu offerings are subject to change and may contain ingredients with common food allergens such as peanuts and other tree
nuts, seafood including fish, mollusks and crustacea, wheat/gluten, eggs, dairy, soy, alcohol and sulphites. The Guest must always
indicate to the waiter any special dietary requirements, including intolerances and allergies, regardless of whether the Guest is
a returning guest or not. Where possible, Cape Grace will advise on alternative dishes. Whilst Cape Grace shall use reasonable
endevours to reduce the risk of cross-contamination in food areas , due to the hand crafted nature of menu items, the variety of
procedures used in kitchens, the self-service nature of buffets and that the farming, handling and transportation of food items
prior to their arrival at Cape Grace’s kitchens is beyond control, Cape Grace CANNOT and DOES NOT guarantee that any dishes are
free from allergens and therefore cannot accept any liability in this regard whatsoever. Guests with severe allergies are advised to
assess their own level of risk and consume dishes at their own risk. The information provided on the website and in restaurants
should NOT be considered as any form of guarantee but as an effort to provide you with information on dishes. The Guest shall
use this information to help assess his own level of risk, based on personal circumstances, before consuming any dishes. Cape
Grace does not assume any liability for adverse reactions to food consumed, or allergens which the Guest may come in contact
with whilst at the Hotel.
17. Guests may receive visitors in public areas of the hotel. It is legislated that both guests and their visitors are to be registered
and provide positive identification should they enter the Hotel. The Guest shall ensure his visitors are registered at reception. All
visitors must be collected from reception, Cape Grace staff are not allowed to escort unregistered persons to any room. Extended
visits may incur an additional charge as will an added guest.
18. The Guest hereby agrees to be held liable for any damage or loss caused by him or a member of the Guest’s party. Full payment for
any such damage or loss must be paid prior to departure.
19. The Guest agrees to provide Cape Grace with any identification and information reasonably required by Cape Grace to enable it to
comply with any prevailing legislation applicable to Cape Grace.
20. The Hotel may be monitored by CCTV and the Guest, and his party hereby agree thereto.
21. Cape Grace reserves the right to require a guarantee of payment by means of the Guest providing a credit card number with the
expiration date and CVV number valid at the time of the Guest’s stay and the Guest producing the actual plastic credit card. Should
the Guest wish to shorten his stay, Cape Grace shall nevertheless be entitled to charge the Guest for each night’s stay reserved, as a
cancellation fee. Any queries in respect of specific invoices shall not affect immediate payment of any other outstanding amount.
22. The Guest and his party undertake to vacate his/their room/s by the check-out time indicated on the date of departure and to
return all keys/key cards to reception. Any late check-out is subject to availability and may only be by prior arrangement with Cape
Grace and Cape Grace will be entitled to charge the Guest for an additional night’s stay at the Hotel.
23. Cape Grace reserves the right to cancel any booking forthwith and without any liability [a responsibility or duty] on its part in the
event of any damage to, or destruction of the allocated rooms or facilities by fire or other cause, any shortage of labour or food
supplies, strikes, lockouts, industrial unrest, load-shedding, lack of water supply, cessation of any essential services, outbreak of
illness, epidemic, pandemic, government regulation droughts or any other causes which shall prevent it from performing its obligations in connection with any agreement . In these circumstances, where appropriate, Cape Grace will make every effort to accommodate the Guest elsewhere but will not be liable if it fails to do so.
24. The Guest and all members of his party choose as their domicilium citandi et executandi [the address at which you will accept
service of all notices and court process] (“domicilium address”) for all purposes at the residential address or Guest email address
set out on the face of this registration card.
25. The Guest shall not be entitled to cede [to surrender possession or give to another person] or assign [allocate or handover] the
reservation to any third party nor utilise the facilities for any other purpose or person than that stated, without Cape Grace prior
written approval.
26. The Guest shall not use Cape Grace’s name or logo or any trade mark which Cape Grace has the right to use, in any media or public forum or in any other way whatsoever, without the prior written consent of Cape Grace first being had and obtained.
27. No changes, alterations, variations or cancellation of any of these conditions shall be binding on Cape Grace unless agreed thereto
by Cape Grace in writing and signed by a responsible officer on their behalf. These conditions and the Guest’s stay at the Hotel
shall be governed by and construed [interpreted] in accordance with the laws of South Africa.
28. No warranties [guarantees or promises] or representations, whether express or implied, not stated herein shall be binding on the
parties. No waiver [voluntary surrender of a known right] made by Cape Grace to the Guest shall be binding 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
Cape Grace shall operate as an estoppel [preventing one from making an allegation or a denial that contradicts what he has previously stated as the truth] against it in respect of any rights hereunder, nor shall it operate so as to preclude [stop or prevent] Cape
Grace thereafter from exercising its rights strictly in accordance with these terms.
29. If any provision herein is held to be unenforceable by any court of law, such provision shall be severable [capable of being divided
or parted] from these conditions and shall not affect the remaining provisions, which shall remain of full force and effect.
30. No provision herein shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have structured, drafted or introduced such provision or by reason of the extent to which any party or its professional advisors participated in the preparation of these conditions and accordingly the contra proferentem rule [broadly this means that
where there is doubt about the meaning of the words in a contract or ambiguity , the words will be construed against the person
who put them forward] shall not be applied in the interpretation of these conditions.
31. As Cape Grace may be obliged to collect personal information, the Guest hereby agrees and consents to Cape Grace transferring
his (and that of the members of his party) personal data so collected to the companies constituting the group and any authorities
entitled to same. The Guest further agrees to such data being utilised by Cape Grace for marketing and market-related research
purposes, to the extent legally permissible.
32. The “Cape Grace Hotel (Pty) Ltd” Privacy Policy applies to this reservation and all the information attached. Details can be found
at www.capegrace.com.
33. Should Cape Grace be unable to accommodate the Guest in accordance with the confirmed reservation Cape Grace shall be en- titled to accommodate the Guest at a comparative hotel for the dates of the reservation and Cape Grace shall pay all reasonable
expenses incurred in transferring the Guest to such comparable hotel.
34. In the event that the terms and conditions of residence contained herein are signed by an employee/s pursuant to a Corporate
Contract, then all the terms and conditions contained herein together with the referenced website shall be read as if specifically
incorporated into the Corporate Contract and in the event that there may be a conflict between the terms and conditions contained
herein to that of the Corporate Contract, then the terms and conditions of the Corporate Contract shall take precedence.