PRIVATE EVENTS TERMS AND CONDITIONS
- Matric Dances
- Birthday Party
1. WEDDING VENUES AND VENUE HIRE RATES AS PER PRO FORMA INVOICE
- All rates quoted are valid for seven (7) days and are subject to change without prior notice.
- All prices quoted include 15%VAT.
- Provisional reservations not confirmed within forty-eight (48) hours will automatically be released and terminated.
- Venue Hire entitles The Client to eight (8)-hour use of the reception venue, including one (1)-hour church ceremony time.
- The Hotel has three (3) church service times that the Client needs to adhere to strictly.
- The Client is required to indicate on the table below which time would be best suited to their needs, which time shall be subject to confirmation from the Hotel’s Wedding Coordinator.
- The Hotel’s Wedding Coordinator will confirm the availability of the Church Time Slots in writing on a first come, first-serve basis, which times, once booked, cannot be changed or exceeded by the Client.
- The Client acknowledges that should the church service not start within fifteen (15) minutes of the time booked; The Client will forfeit the use of the church.
- Church time slots available:
- 11:00 till 12:00
- 14:00 till 15:00
- 16:00 till 17:00
3. STAFF CHARGES
- The Hotel’s service-orientated staff will attend to the reasonable requests of the Client’s guests.
- The amount charged by the Hotel to the Client for each staff member of the Hotel (“staff charges”) are subject to change at the sole discretion of the Hotel.
- The Hotel shall allocate the appropriate number of staff members to the Client and its guests in accordance with the provisions of
this clause 3.3.
- One (1) Waitron and one (1) Runner for every twenty (20) guests.
- Each staff member shall serve a nine (9)-hour shift calculated as follows:
- Thirty (30) minutes prior to the commencement of the event to set up for the event.
- Eight (8)-hours in attendance of the event; and
- Thirty (30) minutes to clean-up following the conclusion of the event.
- The Client shall be liable for any additional staff in accordance with the Wedding Rate Card.
- The Hotel shall appoint suitably qualified chefs to prepare and provide meals to the Client and its guests.
- The Hotel shall prepare and provide the Client with reasonably flexible meal options (“Menu”) to accommodate The Client’s personal requirements, which requirements must be conveyed to the Hotel by no later than thirty (30) days before the date of the Wedding.
- The Client must confirm the menu selection, the final number of guests and make payment in full by no later than thirty (30) days before the date of the Wedding.
- Menu prices are subject to change at the discretion of the Hotel.
- The Client shall not bring any additional food onto the Hotel premises without written permission from The Hotel’s Senior Operations Manager, which permission must be requested in writing by no later than thirty (30) days before the date of the Wedding and may be withheld at the discretion of the Hotel.
- The Hotel shall prepare a children’s Menu for persons under the age of twelve (12) years, which children’s Menu shall be included in the final cost’s payable by the Client.
- Should the number of guests attending the Wedding on the date of the Wedding exceed the number of guests indicated by the Client at the final appointment, the Client shall effect an additional payment immediately upon request from the Hotel. Should the number of guests be less than what was indicated by the Client, the Client shall be billed in accordance with the number of guests indicated when the Client confirmed the final appointment.
- Any suppliers or service providers appointed by the Client will be seated in the reception venue, and a supplier menu option shall be made available at an additional rate as per the Wedding Rate Card.
5. OUTSIDE CATERING
- All catering and preparing of meals shall be done by the staff of the Hotel. Should there be any special catering requirements such as Kosher or Halaal food, the Hotel shall outsource meals at an additional charge to the Client.
- No discount will be given on packages indicated on the Wedding Rate Card; In order to accommodate Kosher or Halaal dietary requirements, the Client may utilise any of theHotel’s approved caterers at the Client’s own cost.
- The Client may not use any caterer who is not approved in writing by the Hotel for purposes of preparing any meals.
- Menu options shall include specific food allocations subject to the specific menu item.
- There will be additional charges for any additional food items ordered by the Client or any of its guests.
- A plated menu option is available on request and charged individually according to menu selection. The Client is liable to pay for any additional food items requested by the Client or its guests.
6. BAR SERVICE
- The Hotel shall provide a fully licensed bar on the date of the Conference to the Client subject to receipt of a written brief regarding their bar requirements for the specific event.
- The Hotel offers the following bar services which services must be identified and selected by the Client:
- Prepaid Limit Bar – Full Bar:
- The Client to prepay for all drinks consumed during the conference.
- Prepaid Limit Bar – Selected Bar:
- The Client is to pay for a limited amount of selected drinks consumed during the conference.
- Certain categories of drinks may be excluded (e.g., spirits or shooters) but not certain brands.
- The Client is required to pay the prepaid portion before the conference.
- Should The Client wish to increase the limit during the conference, The Hotel requires full payment for the additional increased amount upfront using Debit or Credit Card, Zapper or SnapScan. NO CASH ACCEPTED
- The Client may request that delegates pay for their drinks once the set limit is reached.
- Own Account Bar – Cash Bar:
- Delegates to pay for their drinks via Debit or Credit Card, Zapper or SnapScan. NO CASH ACCEPTED
- Prepaid Limit Bar – Full Bar:
- Should the Client choose the Own Account Bar option, any outstanding amounts not paid by the Client’s guests will be transferred to The Client’s account., Should the outstanding amount be recouped, The Client will be refunded by The Hotel.
- The Client may, at its own additional cost, request the Hotel to appoint an external Bar Auditor who shall monitor the Client’s beverage consumption and ensure accuracy in respect of any billing processes.
- The Client must inform their guests that The Hotel is a cashless environment and that the methods of payment mentioned in clause 5.2 above apply.
- A drinks and wine menu shall be made available by the Hotel on The Hotel website at www.thabahotel.co.za or when requested by the Client.
- There shall be no corkage allowed by the Hotel.
- Any special requirements regarding bar facilities must be made by the Client in writing and approved by The Hotel’s Senior Operations Manager. All requests for special beverage orders must be submitted by the Client and approved by the Hotel no later than thirty (30) days before the date of the Wedding.
- The Client must make full payment upfront for all special and approved orders.
- All orders submitted by the Client must be placed in the case lots attached hereto as Annexure B.
- All prices for any special orders shall be subject to availability and may change without prior notice to the Clients.
- Alcohol brought onto the premises without written permission from The Hotel’s Senior Operations Manager will be confiscated by the Hotel and shall not be returned to the Client.
- The Client shall not consume any alcohol provided to it by the Hotel outside of the premises or in the Hotel’s parking area.
- Should the Client or any guest of the Client be found drinking alcohol in the Hotel parking area, such person shall be immediately requested to leave the premises, and the Client shall be immediately required to pay an amount of six thousand rand (R6000) to the Hotel, which amount may be deducted from the deposit amount held by the Hotel.
8. OPERATING LICENSE
- The Hotel reserves the right to fully protect its operating license and shall decline to continue service to any guest whose behaviour is considered inappropriate by the Hotel or any of its staff members.
- The Hotel will not serve or allow any person to purchase alcohol for any person under the legal drinking age of eighteen (18). No alcohol will be served after 02:00 am and before 12:00 pm
9. FURNITURE AND EQUIPMENT
- The Client shall not remove the wooden cross in the church.
- The Client shall ensure and inform the Hotel by no later than thirty (30) days in advance that The Hotel’s standard furniture and equipment is satisfactory for the purposes required by the Client.
- The Client shall supply or hire at the Client’s cost any other additional items required by the Client.
10. DÉCOR AND PROPS
- The Client should arrange for delivery of their décor and props to the Hotel on the day of their event and remove such items from the venue at the end of the event. The Hotel will store décor and props not collected within seven (7) days after the event, at a cost to the Client, depending on the size of the item/s. The Hotel is entitled to sell items to cover storage costs or donate goods to charity.
- The Hotel shall not be liable, and the Client hereby indemnifies the Hotel from any damage to or loss of any hired or stored items.
11. SETUP AND CUT-OFF TIMES
- The Client shall confirm with the Hotel’s Wedding Coordinator in writing the time which the Hotel must be set up for the Wedding by no later than seven (7) days before the Wedding.
- The Hotel shall not allow any setup to commence on any date prior to the date reserved by the Client.
- Should the Client elect to reserve any date prior to the date of the Wedding, the applicable venue hire charges shall apply, and the Client must be completed with the set up at least eight (8) hours before the time the Wedding is scheduled to begin or 00:00 whichever comes first.
12. WEDDING EVENT OVERTIME RATES
- The Client shall be entitled to use the premises for a maximum of eight (8) hours which shall be measured from the time that the venue is booked and shall not include the time needed for setup. Overtime rates will apply at the rates shown on the Wedding Rate Card should any event continue past the eight (8) hours, irrespective of the actual time that the event commenced.
- No loud music shall be allowed at the premises after 00:00 and no music allowed after 02:00.
- The Hotel shall commence with cleaning the venue at 02:00 regardless of whether the Client or its guests are still present. Should guests remain in the venue after 02:00, a fee of seven thousand rand (R7 000) per hour or part thereof will be calculated and charged to The Client regardless of whether a full hour was used or not.
- The Client may extend the time contemplated in clause 11.3 above to 04:00 if all fifty-two (52) hotel rooms are booked and paid for; however, additional venue hire and staff charges shall remain applicable.
- All rates payable in terms of this Agreement shall exclude staff charges.
- The Client shall be liable for payment of Staff members at the rates shown on the Wedding Rate Card per staff member per hour or part thereof going into overtime.
- The Client may arrange this on the night of the Wedding; however, the Client must effect payment of the payable amount upfront.
13. WEDDING EVENT AND VENUE PAYMENT TERMS
- The Hotel Wedding Events and Venue quotation are only valid for seven (7) days from the date of issue, whereafter such quotation will expire automatically.
- Should the Client wish to proceed with the booking process, The Hotel will furnish a pro forma invoice in accordance with:
- Upon booking: (twenty-five per cent) 25% of the total amount on ‘Pro Forma Invoice’ is required as a deposit to secure the venue and date. Include THABA reference number on the proof of payment, ID copy and signed Thaba Agreement.
- (Ninety) 90 days before the event: (twenty-five per cent) 25% of the total amount on ‘Pro Forma Invoice’.
- (Sixty) 60 days before the event: (twenty-five per cent) 25% of the total amount on ‘Pro Forma Invoice’.
- (Thirty) 30 days before the event: Breakage deposit and outstanding (twenty-five per cent) 25% of the total amount on ‘Pro Forma Invoice’.
- Day of Wedding: Additions and overtime.
- Upon receipt of the pro forma invoice contemplated in clause 12.2 above, the Client shall furnish the Hotel with a copy of the Groom and the Bride’s Identity Document or passport, a signed copy of this Agreement and proof of payment of the pro forma invoice amount.
- Once the payment has cleared in the Hotels’ bank account and The Hotel’s Wedding Coordinator has checked that all documentation is correct, The Hotel will send to The Client the‘Letter of Acceptance’ as confirmation of the booking.
- In the event of non-payment of the fees within the specified time contemplated in clause 12.2. above, the Hotel shall be entitled to cancel this Agreement due to non-compliance without further notice or liability to the Client. All monies paid are non-refundable.
- Interest on any late payments will be charged at the ruling bank prime overdraft rate plus two per cent (2%).
- No event will take place without full payment being made to The Hotel, thirty (30) days prior to the date of such event.
- Should any additional guests arrive on the day of the event, The Client will be informed and will be liable to pay the full amount due on the day of the event, in which case The Hotel will not be liable if the food and table settings are not sufficient.
- No payments using a cheque or cash payments will be accepted by the Hotel.
14. WEDDING EVENT AND VENUE CANCELLATIONS
Subject to clause 13.2, the following will apply when the Client cancels this Agreement:
- Cancellation schedule for wedding event and wedding venue
- More than (one hundred and twenty) 120 days before the event, (one hundred per cent) 100% refund.
- (Ninety-one) 91 to (one hundred and twenty) 120 days’ notice. Full Wedding Venue Hire and (twenty-five per cent) 25% charge of the total Wedding Invoice is non-refundable, the difference refundable.
- (Sixty-one) 61 to (ninety) 90 days’ notice. Full Wedding Venue Hire and (fifty per cent) 50% charge of the total Wedding Invoice is non-refundable, the difference refundable.
- (Thirty-one) 31 to (sixty) 60 days’ notice. Full Wedding Venue Hire and (seventy-five per cent) 75% charge of the total Wedding Invoice is non-refundable, difference refundable.
- Less than (thirty) 30 days’ notice. Full deposit and 100% charge of the total Wedding Invoice is non-refundable, no refund.
- All cancellations must be in writing and emailed to the Hotel’s Wedding Coordinator with a copy to firstname.lastname@example.org. The Client must ensure that they receive confirmation of receipt of their email of cancellation from The Hotel.
- A deduction of four thousand rand (R4 000) for the administration fee applies to all cancellations, regardless of the notification period.
- Please note that the Hotel only pays reimbursements via EFT.
15. PAYMENT METHODS
- No payment made by the Client to the Hotel shall be made in cash, and only payment by Debit or Credit Card, Zapper, SnapScan and EFT is acceptable for all transactions.
- Should the Client wish to make a deposit or final payment in cash, the Client must deposit the funds into the Hotel’s FNB bank account.
- The Hotel will accept the payment as valid once the Hotel receives the Client’s emailed proof of payment, and this payment reflects on the Hotel bank statement.
- The Hotel shall provide the Client and its guests with sufficient card swiping machines to ensure that the Client and the guests may undertake transactions at the guest’s tables.
16. POSTPONEMENTS OR DATE CHANGE
- In the unlikely event of an emergency out of the Client’s control, the Hotel’s Senior Operations Manager will, following consultation with The Hotel’s Senior Management, consider allowing a date change.
- An administration fee of four thousand rand (R4 000) shall be payable by the Client in the event of a date change.
- The Parties shall sign a new Agreement, and a new ‘Letter of Acceptance’ will be sent by the Hotel to the Client confirming the new date.
- In the event that The Client requires to postpone or change the date for a second time, a surcharge of fifty per cent (50%) of the total invoiced amount of the postponed event will be charged over and above the full cost for the final event.
- Any date change is subject to availability and shall be at the Hotel’s Senior Operations Manager
17. WEDDING ARRANGEMENTS FINAL APPOINTMENT
- The parties hereby record that a final appointment is necessary to ensure that The Hotel meets The Clients’ expectations, and any failure by the Client to attend the Final Appointment shall be considered as a renunciation of any rights in respect of requesting specific arrangements by the Client.
- The Hotel’s Wedding Coordinator will contact The Client to schedule the meeting at least thirty (30) days before the event.
- The Client shall be required to sign the Final Appointment document and ensure that any changes are in writing.
- The Details submitted on the Final Appointment document will overrule or take precedence over any verbal discussions or arrangements held between the Parties. The purpose of a final appointment is to confirm:
- Detailed programme of the event.
- Final menu and bar requirements selected by the Client.
- Confirmation of the final number of guests; and
- Setup of the venue.
- The Client shall be required to effect payment for any additions and extras in accordance with the payment schedule attached hereto as Annexure A.
- The final appointment document must be completed for preparation for the meeting. The Client must complete and submit this document prior to or at the meeting.
- Should there be any changes to the programme caused by the Client within thirty (30) days of the date of the Wedding which changes result in additional costs to the Hotel, the costs shall be for the account of the Client and shall be paid by the Client prior to the date of the Wedding.
- The Client shall not conduct any cultural, traditional, and religious activities in any venue on the Premises without the prior written consent from The Hotel’s Senior Operations Manager – this includes fires, burning of alcohol and breaking of any plates, etc.
- Any candles burnt by the Client must be wide enough to prevent wax damaging any linen or furniture; the removal of any wax damage shall be at the Client’s
- The Client shall not make any alterations, structural or otherwise, additions or other improvements to the Premises without the prior written consent of the Hotel, including using any glue, nails, tacks, and hooks in the wall, roof, curtains, wooden frames, and any furniture on the premises. Should the Client erect any alterations without the written consent of the Hotel, the Client shall, at its own cost, remove such alterations and reinstate the premises to the same condition it was in prior to effecting such alterations.
- The Client may employ the use of fresh flower petals or potpourri, however, may not employ the use of any plastic confetti.
- The Client shall not attach any draping to the chandeliers, walls, ceilings or curtains on the premises.
- The Client shall not use pins or staples on the chair covers; any pins or staples on the chair covers shall be subject to the provision of clause 17.3 above.
- The Client shall not use any fireworks or Chinese lanterns while on the premises.
- The Client shall ensure that all of its guests remain silent in parking areas and driveways and shall not hoot nor play any loud music on the parking areas and driveways to ensure the comfort of all guests of The Hotel.
- The level of all sound needs to be such that it cannot damage a child’s hearing, and a decibel meter shall be provided by the Hotel to measure the level of sound created by the Client.
- A sound check shall be conducted by the Hotel prior to the commencement of the event.
- The Parties agree that no variation, amendment or consensual cancellation of this Agreement (including, without limitation, the provisions of this clause) shall be of any force or effect unless reduced to writing and signed by the Parties hereto by hand. For the avoidance of any doubt, the Parties expressly agree that no variation, amendment or consensual cancellation of this Agreement shall arise or become applicable pursuant to any exchange of “data” by means of an “electronic signature” or an “advanced electronic signature” (as envisaged, defined and otherwise contemplated in the South African Electronic Communications and Transactions Act 25 of 2002, as amended from time to time “ECTA”, or any similar provision in Law, if capable of waiver or amendment, in any other country to the extent applicable to this Agreement), or otherwise by means of electronic and/or written signed correspondence.
- Further to the provisions of clause 17.10 of this Agreement, the Parties agree, to the fullest extent permitted by Law, to exclude the application of section 13 of the ECTA (or any similar provision in Law in any other country to the extent applicable to this Agreement) in respect of this Agreement. For the purposes of this Agreement, the Parties agree that their name, identifying information or the name and identifying information of the relevant entity which they represent in relation to the particular correspondence that appears at or near the end of any electronic mail, electronic correspondence or other written correspondence, as the context may require, shall not in any manner be considered or deemed to constitute their signature or electronic signature, for the purpose of concluding any legal acts in relation to this Agreement.
- The Client and its guests shall only smoke in the designated smoking areas.
- The Client, its assignees and any of its guests may not access any area demarcated as a back-of-house
- The Hotel hereby reserves its right of admission.
19. BUILDING & FIRE CODE REQUIREMENTS
- The Client must ensure that any service provider appointed by the Client to render any services on the premises complies with the safety and fire codes and all applicable flame-proofing regulations and, on-demand, must provide the Hotel with the relevant certificate/s.
- The Client must ensure that the exit signage on the premises is always visible and accessible.
20. RISK / LOSS DAMAGES
- The Hotel is not liable for any loss or damage caused by interruptions of services (water, electricity, sanitary and gas) as well as any labour unrest and strikes which may take place.
- Notwithstanding clause 19.1, the Hotel shall ensure that there are two (2) generators on-site which supply power to the Hotel.
- The Hotel shall invoice the Client for any damages to the property, buildings, furniture, fittings, linen, bedding, décor or napery and surroundings gardens, which invoice must be paid within three (3) days of receipt of the invoice by the Client from the Hotel.
21. RIGHT TO INSPECT AND NOT LIABLE FOR PERSONAL PROPERTY
While the Hotel shall take precautions to ensure the safeguarding of The Client’s belongings, including décor, props, gifts and other valuables, The Hotel shall not be liable for loss or damages to any property or belonging of the Client or any of its guests.
21. FORCE MAJEURE
- Neither of the Parties shall be liable for default or delay caused by an occurrence beyond its reasonable control insofar as it proves –
- That the failure was due to an occurrence beyond its reasonable control.
- That it could not reasonably be expected to have taken the occurrence and its effects upon the party’s ability to perform into account at the time of the conclusion of this Agreement; and
- That it could not reasonably have avoided or overcome the impediment or at least its effects.
- An occurrence may include but is not limited to war, whether declared or not, civil war, civil violence, riots and revolutions, acts of sabotage, natural disasters such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning, explosions, fires, pandemics, epidemics, destruction of machines, factories and any kind of installations, boycotts, strikes and lock-outs of all kinds, go-slows, occupation of factories and premises and work stoppages, acts of authority, whether lawful or unlawful, apart from acts from which the party seeking relief has assumed the risk by virtue of any other provisions of this Agreement.
- For the purposes of this clause 21, “occurrence” does not include a lack of authorisations, licenses, permits or approvals as necessary for the performance of this Agreement and to be issued by any appropriate public authority.
- Relief from liability for non-performance by reason of the provisions of this clause shall commence on the date upon which the party seeking relief gives notice of the occurrence relied upon and shall terminate upon the date upon which such occurrence ceases to exist; provided that if such occurrence continues for a period of more than sixty (60) days either of the Parties shall be entitled to terminate this Agreement by way of written notice to the other party. In the event that the Agreement is terminated following continuation of the occurrence for a period of more than sixty (60) days, the Hotel shall refund the Client the full amount of the payment made by the Client to the date of termination in equal instalments of twelve (12) months.
22. PROCESSING OF PERSONAL INFORMATION
- The Parties hereby acknowledge and agree that in the course and scope of the relationship envisaged in terms of this Agreement, they shall be required, from time to time, to process and supply personal information to each other.
- It is recorded, for the avoidance of any doubt, that personal information shall mean information relating to an identifiable living natural person, or an identifiable, existing juristic person, as described in section 1 of the Protection of Personal Information Act 4 of 2013 (“POPIA”) and which includes special personal information, as defined in section 1 of POPIA, and for the purposes of this Agreement constitutes a reference to the personal information of any Party provided to the other (“Personal Information”).
- Pursuant to the provisions of clause 22.1, the Hotel shall.
- Ensure that it secures the confidentiality and integrity of all Personal Information obtained and/or processed by it or on its behalf in accordance with the provisions of the POPIA.
- Ensure that processing of Personal Information of the Client shall be for no other purposes than that required to comply with its duties under and otherwise give effect to this Agreement and shall make no such Personal Information available to any external third party save as provided for in this Agreement and unless it is required for the performance of this Agreement.
- Maintain industry-standard administrative, physical and technical safeguards for the protection, security, confidentiality and integrity of the Client’s Personal Information in its custody and control for the duration of this Agreement and thereafter (to the extent that such Personal Information is not deleted or destroyed) and shall ensure that it remains compliant with the provisions of POPIA; and
- adhere to all applicable data protection regulations, including in particular to any applicable provisions of POPIA, as well as all directives and guidelines issued by the information regulator.
- Pursuant to the provisions of clause 22.1, the Client shall;
- Comply with all regulatory provisions in supplying any personal information to the Hotel, including providing any required notices and obtaining any required consents, permissions and authorisations for the Hotel processing such personal information; and
- Indemnify the Hotel from any claims, penalties and/or measures by data subjects and/or the information regulator (as defined in POPI) lodged against or imposed on the Hotel due to a breach of the Agreement and/or regulatory provisions or laws by the Client.
23. INDEMNITY AND LIMITATION OF LIABILITY
- The Parties hereby indemnify the other at all times against all direct losses sustained by either party in consequence of public liability, loss, breach, or any other claim (including, without limitation, any legal fees or costs) arising in connection with this Agreement, save to the extent caused by the gross negligence or willful misconduct of a Party towards an express provision of this Agreement.
- Notwithstanding any provision to the contrary in this Agreement, no Party shall be entitled to institute any delictual, contractual or other claims (including any claim pursuant to any indemnity given by any Party under this Agreement) against another party for any indirect or consequential losses or damages (including without limitation, loss of profit, loss of use, loss of production, loss of business, or loss of business opportunity) due to any cause whatsoever.
24. SECURITY GUARDS
The Hotel shall, upon receipt of a written request from the Client and at an additional cost to the Client, provide additional security for the event.
25. NUISANCE CLAUSE
The Client and its Guests shall not conduct any action that might cause a nuisance to the Hotel, other guests of the Hotel or neighbours of the Hotel.
- The Client is responsible for the orderly conduct of guests attending the Wedding and shall not allow any action that may constitute a breach of this Agreement.
- The Client shall comply with any reasonable requests received from The Hotel’s Senior Operations Manager and with all rules and regulations as issued by The Hotel to the Client.
- Any damages to The Hotel’s property by The Clients or their guests will be for The Client’s account and is The Clients
27. MARKETING MATERIAL
The Client hereby grants the Hotel permission to use any photos or videos taken on the premises of the Hotel and at their venues for any marketing or advertising purposes.
28. RECOMMENDED SUPPLIERS
- The Client hereby indemnifies the Hotel against any damage caused by any suppliers or service providers recommended by the Hotel to the Client.
29. WARRANTIES BY THE CLIENT
The Client warrants that:
- It can pay the full amount due thirty (30) days before the event for the wedding and hotel accommodation as stipulated in the Payment Terms.
- There are no unpaid civil judgements granted against the Client, and
- The Client has not had any other adverse credit information recorded against it at any credit bureau in the last three (3) years.
- The Client shall be considered in breach of this Agreement should there be any adverse credit information against the Client’s name at any stage in the three (3) years prior to the conclusion of this Agreement.
Should the Client commit a breach of this Agreement and fail to rectify or refuse to rectify that breach within seven (7) days after receipt of a written notice from the Hotel calling upon the Client to rectify that breach, the Hotel shall be entitled to, without prejudice to any other of its rights, cancel this Agreement by written notice to the Client and to retain any money already paid by the Client.
The Client hereby acknowledges that it uses the premises provided by the Hotel at its own risk, and neither the Hotel nor the Kraal Restaurant, nor any of its owners, subsidiaries, employees, managers, trustees, members or directors shall be held liable for any form of physical injury or death to any person/s or any loss of or damages of property which may be caused by any reason whatsoever including but not limited to theft, fire, wildlife, infectious diseases or any other causes whatever as a result of or in connection with the use of these facilities.