ABOUT US

21 Mar

TERMS & CONDITIONS: Digital Platforms

All references to THE FARMHOUSE CARUS GARDENS, we, us and our in these terms and conditions are deemed to refer to THE FARMHOUSE CARUS GARDENS. Please contact us should you require any further information. All references to you are deemed to be references to any customer, user and or visitor of any of our establishments or digital expressions and related platforms. All references digital expressions and related platforms are deemed to be references to any website, application or platform i.e. AirBnB, booking.com, Agora where THE FARMHOUSE CARUS GARDENS is represented. 

1. Acceptance Of Terms

1.1. THE FARMHOUSE CARUS GARDENS permits the use of the digital expressions and related platforms (its websites owned and not owned but operated on behalf of THE FARMHOUSE CARUS GARDENS, subject to these Terms and Conditions.

1.2. By using any digital expressions and related platforms related to doing business with THE FARMHOUSE CARUS GARDENS in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally 

1.3. You must not use any digital expressions and related platforms related to doing business with THE FARMHOUSE CARUS GARDENS in any way if you do not agree to the Terms and Conditions

1.4. Your use of any accommodation and conferencing offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, the Terms and Conditions as contained herein will prevail.

2. Use Of The Reservations Feature

2.1. The reservations feature on digital expressions and related platforms are provided solely to assist you in determining the availability of travel-related goods and services and to make legitimate reservations.

2.2. You agree to be financially responsible for all of your use of any digital expressions and related platforms as well as for use of your account by others, including without limitation any person under the age of eighteen years of age.   

2.3. You agree that the reservations facilities of any digital expressions and related platforms shall be used only to make legitimate reservations.

2.4. You understand that overuse or abuse of the reservation facilities of any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS may result in you being denied access to such digital expressions or platform, at the sole discretion of THE FARMHOUSE CARUS GARDENS.

2.5. BECAUSE WE DEAL WITH YOU IN A NON-FACE-TO-FACE ENVIRONMENT, YOU HEREBY WARRANT THAT: 

2.5.1. ALL YOUR DETAILS AS RECORDED ON THE WEBSITE ARE TRUE AND CORRECT 

2.5.2. YOU ARE LEGALLY CAPABLE OF CONCLUDING A TRANSACTION ON the digital expressions and related platforms of THE FARMHOUSE CARUS GARDENS, AND

 2.5.3. YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE FULL TERMS AND CONDITIONS

3. Online Booking of Accommodation

3.1. Full pre-payment is required to secure your booking.

3.2. All offers and special offer rates are subject to availability.

3.3. Block out dates are applicable, even when not stated.

3.4. All rates advertised are on a per night basis unless stated otherwise.

3.5. Check-in time is after 14h00 unless arranged with our reservations.

3.6. Check-out time is by 10h00 unless pre-arranged with reservations.

4. Rates

4.1. All rates advertised on the Website are exclusive of credit card fees.

5. Child Policy

5.1. THE FARMHOUSE CARUS GARDENS allow for children aged 13 and older, accommodated by adults, and older will be charged as an adult.

6. Payment Policy

6.1. Payment for any reservations or other services for which fees may be charged by THE FARMHOUSE CARUS GARDENS shall be payable either on a reservation on our digital expressions and platforms via credit card or EFT 

6.2. You shall also pay, upon departure, for all foods, beverages and other services requested by you, your employees, guests, customers, clients or invitees during your stay or event, and which are not included within the agreed rate (whether per room – or guest), except in so far as you have instructed us in writing to obtain a settlement from persons requesting such food, beverage or other services

6.3. The rates payable in respect of the provision by THE FARMHOUSE CARUS GARDENS of any services and or goods, including but not limited to the provision of accommodation shall be the current applicable rates for the period booked.

6.4. In respect of confirmed accommodation 

6.4.1. Check-in time is 15.00 hours and check out time 11.00 hours. Failure to comply with these times without our consent may result in you incurring additional charges. The guest is obliged to vacate his room and check-out by the time communicated. 

6.4.2. Failure to do so will render you liable for an additional night’s charge unless prior and alternative check-out arrangements have been made with our management.

6.5. You hereby agree that any reservation made by you via any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act, No 25 of 2002 and that a binding agreement has been concluded between you and ourselves authorising THE FARMHOUSE CARUS GARDENS to deduct or debit your credit card for payments for services rendered. Your signature shall not be required for authorisation purposes.

6.6. Guests are required to produce the card used to pay the amount required with your online booking for the additional services together with a valid ID, passport on check-in

6.7. PLEASE NOTE: All bookings require full pre-payment. During peak season full pre-payment would be non-refundable in the event of cancellation. Peak season months are February, March, May, June, August, September, October, November and December.

7. Cancellation And Refund Policy

7.1. If you cancel your booking with us in its entirety and it does not fall within Peak Season Months, we will levy the following cancellation charges:

7.1.1. Cancellation 12-6 weeks before the accommodation, event date: 25% of the total booking value.

7.1.2. Cancellation 6-4 weeks before the accommodation, event date: 50% of the total booking value.

7.1.3. Cancellation 4-2 weeks before the accommodation, event date: 75% of the total booking value.

7.1.4. Cancellation less than 2 weeks before the accommodation, event date: 100 % of the total booking value.

7.2. If you cancel your booking with us in part and it does not fall within Peak Season Months, for example by

 reducing the number of rooms, the number of guests attending, we will levy the following cancellation charges:

7.2.1. Cancellation 12-6 weeks before the accommodation, event date: 25% of the cost of the room or guest.

7.2.2. Cancellation 6-4 weeks before the accommodation, event date: 50% of the cost of the room or guest.

7.2.3. Cancellation 4-2 weeks before the accommodation, event date: 75% of the cost of the room or guest.

7.2.4. Cancellation less than 2 weeks before the accommodation, event date: 100% of the cost per room or guest.

7.3. THE FARMHOUSE CARUS GARDENS reserves the right to debit your debit/credit card with a cancellation fee. 

7.4. PLEASE NOTE: No refund will be allocated to a no-show. A no-show is the non-arrival of a guest without notification in writing by email addressed to us.

7.5. Refunds are processed within 7 days of the written agreement to refund.

8. Privacy Policy

8.1. THE FARMHOUSE CARUS GARDENS has a strong commitment to providing excellent service to all of our customers and visitors of any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS and is respectful of data privacy rights.

8.1.1. THE FARMHOUSE CARUS GARDENS will explicitly ask when we need information that personally identifies you or allows us to contact you (personal information). 

8.1.2. Generally, this information is requested when making reservations when requesting a particular service, when sending feedback or when entering a competition.

8.1.3. You agree to provide accurate and current information, and not to impersonate or misrepresent any person. or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

8.1.4. The purposes for which THE FARMHOUSE CARUS GARDENS will use your personal information are as follows:

8.1.4.1. transact with you via the website or email regarding reservations 

8.1.4.2. provide services to you via our website, to inform you of new features, services, special offers and products (provided you have consented to receive such marketing material) 

8.1.4.3. enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information, to improve your experience on our digital expressions, applications and platforms.

8.1.5. Our service providers use a Secured Sockets Layer (SSL) Line for card data and other personally identifiable information. This ensures that your information is encrypted as it travels over the Internet and is stored on a secure server once it reaches us. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. THE FARMHOUSE CARUS GARDENS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.

8.1.6. THE FARMHOUSE CARUS GARDENS shall be entitled to disclose personal information if required to do so to 

8.1.6.1. comply with applicable law or with legal process served on THE FARMHOUSE CARUS GARDENS. 

8.1.6.2. protect and defend the rights or property of THE FARMHOUSE CARUS GARDEN

8.1.6.3. or the purposes of distributing same to various employees and or third parties who assist THE FARMHOUSE CARUS GARDENS in providing services to you and thus need to know your personal information to render proper and efficient service to you. We will ensure that all such employees and or third-party service providers having access to your personal information are bound by Privacy Policy

8.1.6.4. protect and defend the rights or property of THE FARMHOUSE CARUS GARDENS 

8.1.6.5. to distribute same to various employees and or third-parties who assist THE FARMHOUSE CARUS GARDENS in providing services to you and thus need to know your personal information to render proper and efficient service to you. We will ensure that all such employees and or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations concerning your personal information.

8.1.7. You are aware that information and data are automatically collected through the standard operation of the 

Internet servers and the use of ‘cookies.’ ‘Cookies’ are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature, however, you should note that cookies may be necessary to provide you with certain features (e.g., customised delivery of information) available on our websites.  

8.1.8. You hereby agree to update any of your personal information in the possession of THE FARMHOUSE CARUS GARDENS as soon as same is no longer accurate and complete. If you ever want to update or correct any of your personal information held by THE FARMHOUSE CARUS GARDENS, kindly contact info@carusgardens.co.za and we will endeavour to update and correct your personal information.

9. Cookies

9.1. What is a cookie? As people browse certain Google services and websites that have partnered with the Google Display Network, Google stores a number in their browsers (using a ‘cookie’) to remember their visits. This number uniquely identifies a web browser on a specific computer, not a person Third-party vendors, including Google, show our ads on sites across the Internet, targeting users based on their online behaviour and their browsing activity on our website.

9.1.1. Visitors can opt-out of Google’s use of cookies by visiting Google’s Ads Settings

9.1.2. If you disclose any personal information to a third-party, such as an entity which operates a website linked to any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS or anyone other than THE FARMHOUSE CARUS GARDENS you must be aware that we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

9.2. WHILST THE FARMHOUSE CARUS GARDENS IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.

9.3. THE FARMHOUSE CARUS GARDENS Conference Centre will:

9.3.1. Treat your personal information as strictly confidential

9.3.2. Take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access,

9.3.3. Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information,

9.3.4. Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request, and

9.3.5. Upon your request, promptly return or destroy all of your personal information in our possession or control.

9.4. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. 

10. Conditions Of Residence

10.1. You warrant that you are duly authorised to sign for and bind all persons represented by you or for whom you are responsible (‘your party’) to these conditions of residence and, failing such authority or regardless of billing instructions, you agree to be personally liable for all amounts arising from the occupation or residence of your party and yourself at the guesthouse.

10.2. You agree to pay the full amount due before check-in to secure the booking but not later than on check-in.

10.3. You also agree to pay all extra services you or your party may use during your stay not later than the time of departure unless prior written arrangements have been made with our management.

10.4. Periodic payments must be made if the account exceeds the credit limit designated by the guesthouse, and accounts are payable on presentation.

10.5. A certificate from our general manager prima facie shall constitute proof of your indebtedness and the particulars therein for all purposes including any action instituted by us against you.

10.6. You agree that after your departure, the guesthouse may retain goods left behind by you and authorise the guesthouse, after giving one month’s notice to the address registered by you of its intention to do so, to sell same, privately or publicly, at the guesthouse’s discretion at such price as the guesthouse may determine and offset the proceeds of such sale against your indebtedness or to hold such proceeds or part thereof for three years pending any claims by you for those proceeds failing which they shall be deemed to have been forfeited to the guesthouse.

10.7. YOU HEREBY AGREE, AS A CONDITION OF YOUR OCCUPATION OF OR RESIDENCE AT THE Guesthouse, THAT THE FARMHOUSE CARUS GARDENS AND THE OWNER, MANAGER AND OR OPERATOR OF THE Guesthouse AND THEIR AFFILIATES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY ‘THE FARMHOUSE CARUS GARDENS’) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACCIDENT OR ANY INJURY OR DEATH OF ANY PERSON OR THE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PROPERTY, WHETHER ARISING FROM FIRE, THEFT OR ANY OTHER CAUSE WHATSOEVER AND BY WHOMSOEVER CAUSED OR ARISING FROM THE NEGLIGENCE OR WRONGFUL ACTS OR OMISSIONS OF THE FARMHOUSE CARUS GARDENS. YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNCONDITIONALLY INDEMNIFY AND AGREE TO HOLD HARMLESS THE FARMHOUSE CARUS GARDENS IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.

11. Changes To These Terms And Conditions

11.1. THE FARMHOUSE CARUS GARDENS Conference Centre reserves the right to update and or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly.

11.2. Any such change will only apply to your use of any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS after the change is displayed on any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS.

11.3. If you use any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS after such updated or amended Terms and Conditions have been displayed on any digital expressions and related platforms featuring THE FARMHOUSE CARUS GARDENS, you will be deemed to have accepted such updates or amendments.

11.4. THE FARMHOUSE CARUS GARDENS Conference Centre may in its sole discretion terminate, suspend and modify any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS and/or your use of any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS, with or without notice to you. 

11.5. You agree that THE FARMHOUSE CARUS GARDENS will not be liable to you if it chooses to suspend, modify or terminate any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS or your use of any digital expressions and related platforms in doing business with THE FARMHOUSE CARUS GARDENS.

 12. Governing Law

12.1. The Terms and Conditions shall be governed and interpreted by the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions of such services.