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Definitions and Clarifications of Terminology

Used in our Terms and Conditions for our Secure and Confirmed Booking Agreement "Agreement" as well as our Convertible Option for Accommodation "Option".

Accommodation Insurance

This is Travel Insurance that is available from Insurance Companies to provide cover should your Travel and Accommodation be disrupted or Terminated. We recommend that our Guests buy this protection against unforeseen cancellations of your Confirmed Booking.

Administration Fee

This fee is levied when an "Option" is cancelled prior to Expiration Date and is set at R500.00 (Five Hundred Rand).

Agreement

The "Agreement" is constituted when two or more legally competent individuals or entities reach mutual understanding (verbal or in writing) about their rights and duties regarding performances and considerations as indicated on the written Quotation and acceptance of our Terms and Conditions.

Availability

That accommodation is available for occupation at our establishment when confirmed by us as per the written Booking Confirmation.

Availability of the rental dates

The dates confirmed by the Seller that the dates are available for Accommodation Rental.

Authorised Principle

The Authorised party, be it a natural person or legal entity what would be liable, responsible, and accountable for full compliance with the Terms and Conditions and "Agreement".

Balance Payment

Balance Payment is the difference between the Option Premium Cost (10%) paid and the Secure Deposit (50%) to be paid.

Buyer ("Holder"): Guest Principle

The party that purchases an "option" by the payment of a premium and who has the right – but not the obligation – to convert the option into a Secure Booking once availability of the rental dates has been confirmed by the Seller.

Booking Agents / Placement Agents

On-line Placement or Booking Agents (National and International) provide a booking service to prospective travellers (domestic and international) for accommodation via their web based portals. The Placement Agent brings Buyers and Sellers together and when they facilitate a succesfull Secure Booking they will earn a placement commission (agent commission).

Booking Agents / Placement Agents only act on behalf of Werner and Sons Cc t/a Die Rotse Host House as Agent in terms of a bi-lateral Agreement between the two parties but does not hold any mandate beyond the bi-lateral agreement.

Sometimes the Terms and Conditions via these Placement Agents are in contradiction as to the Terms and Conditions of Werner and Sons Cc T/a Die Rotse Host House and Self-catering.

Therefore, irrespective of who had initiated the original Transaction, our Establishment's Terms and Conditions will solely apply.

Booking Date

Booking date is the date on which the "Agreement" had been concluded. This is also the Start date for the Transaction or the Transaction Date.

Booking Confirmation

The Official Confirmation by the Seller that the "Option" had been exercised and converted into a Confirmed Booking for a specific number of guests, in a specific Unit, for a specific period at a specific Booking Value.

Booking Value

Booking value is the total cost for the accommodation, based on a per unit cost per night x number of nights occupied.

Extras ordered do not form part of the Booking Value and will be charged to the main account for settlement before departure.

Business Day

Business day is defined as a Banking Day in South Africa and excludes weekend days and Public Holidays.

Business Accommodation

Although these Terms and Conditions in the main refer to Holiday Accommodation our facilities are also available for Business Accommodation and where you read "Holiday Accommodation" it can also read "Business Accommodation".

Cancellation of the Convertible Option for Accommodation

The option may be cancelled prior to Expiration date by written notice by the buyer in which case the seller will refund the buyer the premium paid, minus an administration fee of R500.

If however, the "Option" had been exercised and converted into a Secure Booking and in the event you need to cancel your booking, then we will endeavour to re-let the unit, but if unsuccessful then you the guest is liable for the cost of the cancellation. A cancellation fee is calculated as a percentage of the Secure Deposit Paid namely:

  • Cancellation 90+ days prior to arrival: forfeit 10% of deposit payment
  • Cancellation 30-15 days prior to arrival: forfeit 50% of deposit payment
  • Cancellation 15-8 days prior to arrival: forfeit 75% of deposit payment
  • Cancellation 7-0 days prior to arrival: forfeit 100% of deposit payment
  • Non-arrival or curtailment of stay will incur the full cost of booking

Cancellation Fee

The Cancellation Fee is a penalty fee for early termination of the "Agreement" and represents a replacement opportunity cost.

Clear Funds

Values deposited into Seller's bank account and available.

Compliance Regulations

Compliance Regulations refer to the Covid-19 Protocols and Regulations in force as published and Gazetted.

Confirmed Reservation

A Confirmed Reservation is when all the Terms and Conditions for a Secure Booking had been met.

Consent to enter Units

During your stay we shall respect your privacy, and will seek your approval prior to entering the units to do urgent repairs, maintenance or provide services.

Conversion of "Option"

The "Option" can be exercised at any time on or before expiration date and Converted into a Secure Booking by written advice from the buyer that the option had been exercised and that the Seller acknowledges that all the terms and conditions had been met including the confirmation of availability of the rental dates.

Convertible Option for Accommodation ("Option")

An "option" which can be exercised/converted by the buyer on any business day up to and including the expiration day into a Secure Booking provided that the buyer get confirmation from the seller that the rental dates are available. Herein defined as "Option".

Covid-19 Compliance Regulations

Covid-19 Protocols for the Tourism Industry as aligned with the WHO, NICD and DoH guidelines and advice, and will be revisited as required on an on-going basis. These Regulations are Compulsory to comply with and failure to comply can result in termination of accommodation.

Damage Deposit

A security amount levied in lieu of damages caused during the occupation stay. If no damages are reported during final inspection, the damage deposit will be returned. Damages are determined by the replacement cost and not limited to the damage deposit.

Day Count Convention

For the purposes of Standardised Day Count Periods the Convention is set as: 30, 60, 90, 180, and 360 days.

Duration Expiration Date (Validity date of the "Option")

The future expiry end date at which the "Option" ends. The maximum duration is set at 360 days (12 months) from Transaction Date, a date the Buyer will choose as to be the future duration expiry end date of the "option". The Duration Expiry end date is used to establish / calculate the expiration date of the "Option", which will be in accordance with your choice of the Coupon Fixed Period i.e. 30, 60 or 90 days, prior to the Duration Expiry End Date (add back method). The seller of the "Option" will not have any obligation past / beyond the Duration Expiry End Date (validity date) nor would the holder of the Option have any Right to exercise.

Electronic Funds Transfer (EFT)

Electronic funds transfer (EFT) is the electronic transfer of money from one bank account to another, either within a single financial institution or across multiple institutions, via computer-based systems, without the direct intervention of bank staff.

End of Day

End-of-day is defined at 15h30 on a Business day South African time.

Establishment

The Self-catering units and properties described as Die Rotse Host House and Self-catering.

Exercise

To make use of the right which is possessed by the Buyer of the "Option" e.g. the right to buy / exercise. Upon written receipt of notification of intention to exercise the right, the seller of the "option" is obligated to deal with the "option" buyer in accordance with the "Agreement", which includes confirmation of availability. The Option must be Exercised not later than the End of Day.

Expiration date

The End of Day date on which the right of the buyer of the "Option" to exercise shall lapse and the Seller will have no further Obligation under the "Option". Once the "Option" had been exercised or reached Expiration date (close-out event) then the "option" is no longer valid.

Fixed Period Coupons

The Fixed Period coupon is defined as the time between Expiration Date and the Duration Expiry End date. The Seller offers you 3 Fixed Period Coupons, which you must nominate and choose from when you establish an "Option" Agreement i.e.:

  • 30 days
  • 60 days
  • 90 days

If you know more-or-less when your travel dates are / will be, then you should choose the appropriate Fixed Period Coupon that suits your requirements best. The Fixed Period Coupon defines the period within which your future travel dates will fall.

Grading

Our Establishment is subject to an annual Grading Inspection by Independent Evaluators appointed by the Tourism Grading Council of South Africa for compliance with standards of Quality. To this end our Establishment has been awarded a 4-Star Grading by TGCSA and we can display the 4-star plaque at our entrance.

Guest Principle

The Guest Principle is an Authorised Person to enter into a binding contract to establish a short-term accommodation contract in our Self-catering Unit(s). The guest principle will be the accountable and responsible person to ensure that all Terms and Conditions are complied with including settlement of all financial obligations.

Licenced Establishment

Our Establishment is an approved Self-catering facility by Overstrand Municipality to conduct business from our Registered Business Premises and we are subject to regular Review Inspections with regards to Health and Safety.

Legally Binding Contract

Our Booking Confirmations, Terms and Conditions and "Agreement" form the legally binding documents that is enforceable by law.

Non-availability of Accommodation

Dates on which no Confirmed or Secured Booking can be established at the Establishment and are unavailable for transacting.

Option Numbering

Each "Option" will be issued with a unique reference number and reference all terms and conditions attached to the Rights and the Obligation of the parties to the "Option".

Option Confirmation

The official written confirmation detailing all the critical elements of the "Option" transaction.

Outright Request for Accommodation

Guests looking for suitable Accommodation in our Self-catering Units, can approach us in writing via electronic means or our website portal, telephone or any other form of communication for a Quotation, provided that they disclose limited personal details like contact details, number of guests and travel details. A Verbal or Written Quotation will be offered for consideration. Refer to Quotation.

Payment Instructions

Represents the banking details of the Seller into which all funds must be deposited.

Payment Method

Represents the legal tender that will be accepted as compensation as set out in the Terms and Conditions.

Premium ("Option" cost)

The price for the "Option" paid by the option buyer and received by the option seller. The premium cost will be calculated as 10% of the booking value. Payment and receipt of a premium normally takes place 2 (two) business days after the transaction date.

Proforma Invoice

The invoice issued on our official paper with unique numbering that corresponds with Booking Confirmation reference, duly detailing all the financial considerations and calculations, including an abridged summary of the account statement, as well as other critical content information relevant to the confirmed booking. This is a written confirmation from the Seller to the Buyer that the Terms and Conditions had been met to secure the Accommodation as set out in the Booking Confirmation.

Quotation Offer by Werner and Sons Cc t/a Die Rotse Host House & Self-catering.

A quotation offer is a binding indication of the Strike Price (price per unit per night), Duration of Stay, Number of Guests, Premium and/or Secure Deposit amount, Total Booking Value, Settlement dates for values as well as the ID of the Self-catering Unit(s) quoted on.

Quotations will be provided on "Options" for Accommodation or an Outright Request for Accommodation. The Quotation can be in writing / electronic means or verbal and upon acceptance will be confirmed by an official written Confirmation which will include all the vital elements agreed to.

The quotation is valid for not longer than 3 (three) Business days and will expire on 14h00 on the 3rd Business Day, unless a written extension is requested before the Expiration time of the Quotation.

Refund

We would only cancel your booking if your accommodation were unavailable for reasons beyond our control. We would refund all monies paid by you for the accommodation, but our liability will not exceed the amounts paid in respect of the Secure deposit or Total Booking Value paid, whichever the greater.

Rental Units

Units are specified as the Self-catering Units Drievis (ground level) and Spykerklip (upper level) on the property at 18 Beach Road, Kleinmond 7195

Reserved Booking

Is a Confirmed and Secure Booking Reservation when all the Terms and Conditions had been met.

Right of Admission Reserved

Section 25(1) of the Constitution recognises and protects South Africans' property rights. This should be read with section 18 of the Constitution, which recognises and protects South Africans' freedom of association. Right of admission, within this context, means that owners of property may exclude whoever they wish from their property, for whatever reason, because they have a right to their property as well as freedom of association. We will be extremely sensitive when we revoke the Right of Admission.

Secure Booking

When all Terms and Conditions had been met and the Secure Deposit had been paid to the Establishment in Clear Funds and duly confirmed by the Booking Confirmation.

Secure Deposit

Represents the agreed monetary value to be settled in clean funds within 2 (two) business days as agreed by the parties, as per Booking Confirmation. The Secure Deposit is set at 50% of the Booking Value, unless otherwise agreed to in writing. A 1 (one) night stay requires a 100% deposit (booking value).

Seller ("writer"): Werner and Sons Cc trading as Die Rotse Host House and Self-catering

The party who sells the "Option" for Accommodation and receives the premium, is obliged to perform when the terms of the "Option Agreement" are fully met.

Standard Settlement Instructions (SSIs)

The Standard Settlement Instructions are the Official Banking Details of Werner and Sons Cc trading as Die Rotse Host house and Self-catering into which all payments due must be deposited in Clear Funds.

Strike Dates

The Strike dates are defined as the Confirmed Travel Dates by the contracting parties. The Buyer needs to confirm the travel dates before the "option" can be exercised. Written confirmation from the Seller is required to confirm Availability of the Rental Dates. Both parties can then proceed with the Execution of the "Option". This is deemed to be the Close-out event.

Strike Price / Exercise Price

The contracted price indicated on the Quotation and accepted by the Buyer, which will apply, should the option be exercised (Total Booking Value).

Terms and Conditions

This is the official published Terms and Conditions by the Seller (Die Rotse Host House and Self-catering) on its official website, which can be read here. The acceptance of our Terms and Conditions constitute a legal "Agreement".

Transaction Date

The date on which the Quotation is accepted by the Guest Principle, which consummate a legal binding contract.

Validity Date

Duration Expiry End Date of Option.

Visitors

Visitors are guests of paying guests by their invitation and are bound by all the Rules of the House (Terms and Conditions). They are not allowed to sleep over unless authorised by Management.

Writer (Seller) of the "Option"

Werner and Sons Cc trading as Die Rotse Host House and Self-catering is the Writer ("Seller") of the Convertible Option for Accommodation.

Werner and Sons Cc trading as Die Rotse Host House and Self-catering will sell the "Option" in return for a Premium and is then obligated to perform when the Terms and Conditions by the Buyer are fully met.


This Glossary of Terms and Conditions forms an integral part of both our Terms and Conditions pages and therefore must be read in conjunction with these documents:

CONVERTIBLE OPTION TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS

DOWNLOAD PDF GLOSSARY


 

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