Terms & Conditions

Last updated: May 3, 2023

General terms and conditions (accommodation agreement) (hereinafter “the T&Cs”)

1. Scope

1.1 These terms and conditions apply to the temporary and remunerated provision of rooms for accommodation, as well as to all services and deliveries provided in connection with this, including any advance services provided to the accommodation Guest.

1.2 Any terms and conditions supplied by the Guest shall not apply unless otherwise agreed previously in writing. This also applies to the reversal of the requirement for the written form. In these terms and conditions, ‘guest’ shall cover both the end customer and the commercially active contractor.

2. Contractual partners

The contractual partners are Edenroche (Pty) Ltd, legally represented by Stellenbosch Townhouse (hereinafter “Townhouse”), and the purchaser/customer (hereinafter “Guest”).

3. Formation of the contractual relationship

The contractual relationship is formed when the electronic confirmation is sent to the Guest. Changes or cancellations may only be made within the scope of these T&Cs. If a third party has acted on the Guest’s behalf, the Guest shall be jointly and severally liable to the Hotel together with the third party for all obligations that arise from or in connection with their stay at the Townhouse.

4. Prices

The prices for the Townhouse and other townhouse services are stated exclusively in South African Rand (ZAR) and include statutory value-added tax as stipulated under South African law.

5. Guarantee, billing, advance payment

Each booking must be guaranteed by means of a valid credit card. In the event of advance payment, 100% of the total amount is to be paid within the period stated in the confirmation (generally seven days prior to arrival). Any agreed advance payment must be received before the Guest’s departure. Failing this, the Guest shall pay the remaining balance upon departure. Advance payments are subject to value-added tax.

6. Arrival and departure

The Townhouse is available for check-in from 3.00 pm and must be vacated by 11.00 am on the day of departure. Arrivals and departures outside of the times stated above are only possible subject to availability and with prior contact with our reservation or reception teams. Such arrivals and departures will be charged accordingly.

7. Use and return of the townhouse

The Townhouse and the items, appliances and facilities provided may be used exclusively for their intended purpose. The Townhouse refuses liability for damage and bodily injury caused by the misuse of the items, appliances and facilities. It will also be deemed misuse if more people than anticipated or registered use the rented Townhouse room(s).

Loss or damage arising as a result of the Guest’s negligence or intent may be charged by the Townhouse.

8. Breakfast
Breakfast is included in our prices.

9. Final bill

The final bill will be payable upon departure at the latest.

10. Cancellation policy
A cancellation must be arranged by 12.00 noon, at least 7 days before the arrival date. In the event of cancellation after the aforementioned period has lapsed, or in the event of a no-show, a cancellation fee of 100% will apply. During certain periods, it may be possible to agree a longer cancellation period, which will be noted in the reservation. Credit card fees may apply by reimbursement.

11. Withdrawal of the Townhouse
If an advance payment or other payment guarantee agreed or requested in accordance with point 5 is not paid, even after the lapsing of an appropriate short grace period granted by the Townhouse, the Townhouse will be entitled to immediately withdraw from the contract. Furthermore, the Townhouse will be entitled to withdraw from the contract with immediate effect if it is not or no longer reasonable for the Townhouse to start, continue or fully execute the contractual relationship, including but not limited to:

• If force majeure/other circumstances beyond the Townhouse’s control make executing the contract seem unreasonable;
• If rooms and/or event rooms are booked using misleading or misrepresented material facts (e.g. the identity of the Guest or the purpose of their booking);
• If the Townhouse has reasonable grounds to believe that the use of the Townhouse's services may endanger the smooth running of the business, or the security or reputation of the other guests and/or the Townhouse, without this being attributable to the Townhouse's domain or organisational area.

In the aforementioned cases, the Townhouse is entitled to immediately withdraw from the contract and the Guest will have no claim to damages. Any advance payments or guarantees paid by the Guest are due and payable to the Townhouse in accordance with the provisions laid down in point 12.

12. Liability of the Townhouse

In principle, the Townhouse is only liable to the Guest for wilful or grossly negligent damage inflicted on the latter, which has occurred as a direct consequence of the Townhouse's failure to fulfil its contractual obligations or of materially inadequate performance. In any case, the sum of the damages is limited to a maximum of the cost of the stay booked by the guest or actually paid upon their departure (excl. VAT and cash payments).

In the event of disruption to or a lack of Townhouse services, the Townhouse will make every effort to remedy the situation upon knowledge thereof or upon receiving a timely complaint from the Guest. The Guest shall make every reasonable effort to remedy the disruption and to minimise possible damage, and shall inform the Townhouse immediately of all disruption or damage.

In the event of the loss or damage of items brought onto the premises, the Townhouse is likewise only liable for wilful intent and gross negligence. If the Townhouse is liable for third parties, it is likewise only liable in the event of gross negligence on the part of the third party; the Townhouse’s liability is excluded if the third party intentionally causes loss or damage.

The liability of the Townhouse is expressly limited to the sum of the Townhouse’s liability insurance coverage, particularly also in the case of third-party and consequential losses. Any further liability is expressly waived. Liability for valuables and cash is only accepted if these are kept in the room safe or were surrendered to reception in return for a receipt. In such cases, liability is limited to a maximum sum of ZAR 10,000.00 per claim. The Townhouse is not liable for loss or damage that arises as a result of force majeure.

All liability claims will be forfeited without compensation if the Guest fails to immediately inform the Townhouse in writing upon obtaining knowledge of loss, destruction or damage.

In the absence of wilful intent or gross negligence, the Townhouse is not liable for the loss or damage of the Guest’s parked or manoeuvred vehicles and their contents on the Townhouse grounds.

Messages, mail and goods shipments for the Guest will always be handled with care. The Townhouse shall undertake the delivery, safekeeping and – if requested and for a fee – forwarding of such items. Claims for damages not involving wilful intent or gross negligence, as well as third-party and consequential losses, are excluded.

13. Final provisions, jurisdiction, applicable law and address for service

Unilateral amendments or additions to these T&Cs by the Guest are not valid, even if made in writing.

The place of performance and payment is Stellenbosch, South Africa. If any individual provision of these T&Cs for the temporary and remunerated provision of hotel rooms for accommodation is ineffective or void, this will not affect the validity of the remaining provisions. In such cases, the parties will promptly replace the invalid provision with an acceptable, valid provision whose content reflects as closely as possible the parties’ original commercial intent.

The contractual agreement between the Guest and Edenroche (Pty) Ltd is exclusively subject to South African law.

The exclusive jurisdiction for all claims arising from or in connection with this accommodation agreement between the parties defined at the start of this document is Stellenbosch. The contractually agreed place of jurisdiction also applies to any preliminary proceedings for interim measures.

Guests residing abroad or Guests without permanent residence or with unknown domicile hereby declare that they wish to submit to enforcement proceedings in South Africa and, in favour of Edenroche (Pty) Ltd, choose Stellenbosch as their special domicile for the fulfilment of all obligations arising from or in connection with the present accommodation agreement.

Guests residing abroad and Guests without permanent residence or with unknown domicile agree that any court and/or enforcement documents intended for them from the Stellenbosch judicial or enforcement authorities, including instruments and decisions, may be sent to the Townhouse address with legally binding effect.