Standard Terms and Conditions of Residence - Namibia

1. INTRODUCTION
2. 1. City Lodge Hotels (Namibia) Proprietary Limited, Registration No. 2015/0380 (“CLH”) is a public company with limited liability duly registered in accordance with the company laws of the Republic of Namibia. For purposes of these standard terms and conditions of residence (the “Terms”) Agreement, CLH shall include all entities controlled by or under common control with CLH and for the purposes of this clause "control" has the same meaning as given to that term in the Namibian Competition Act, 2003.
   2. The Guest is the person whose details and signature appear on the registration card and who accepts these Terms and accepts responsibility on behalf of all persons indicated on the registration card and/or residing at the hotel.
   3. The Guest agrees to enter the hotel premises and use the hotel facilities subject to these Terms.
2. INTERPRETATION 

The rule of construction that an agreement shall be interpreted against the person responsible for its drafting or preparation shall not apply to these Terms.

 3.DURATION

1. These Terms shall commence on date of signature of the registration card and shall continue until the Guest has completed his stay at the hotel and paid all amounts outstanding and due and payable to the hotel.
2. 4.RESERVATION, CANCELLATION AND NO SHOW POLICIES
3. 1. In order to confirm availability at a hotel a Guest must make a reservation through a City Lodge approved on-line booking-channel, telephonically, by e-mail or through a tour operator or travel agent. Walk-ins are acceptable subject to availability at that time.
   2. All reservations will be held until 16h00 on the reserved date of arrival. All reservations not guaranteed for late arrival after 16h00 will be released and cancelled at 16h00. If a guest arrives after 16h00 and the hotel has a vacancy, the reservation may be reinstated and the guest checked in.
   3. To guarantee a reservation or to guarantee for late arrival the hotel must have one of the following:
   4. 1. Credit card details, including Cardholder name, Card Type, 16 digit credit card number. Expiry Date, CVV Number;
      2. A voucher from a travel agent;
      3. If paying by cash, a deposit or payment securing a minimum one nights’ accommodation, VAT and tourism related levies (if applicable) paid into the hotel’s bank account in cleared funds;
      4. A company order guaranteeing payment;
   4. A late arrival guarantee will include a charge on the credit card or to the travel agent, tour operator or corporate of one nights’ accommodation, VAT and tourism related levies (if applicable).
   5. If no room is available for a late arrival guaranteed reservation the host hotel will reserve a room at another equivalent hotel and arrange transport for the guest to get to the alternate hotel. The host hotel is responsible for the difference in room rate should the alternate hotel’s room rate be more expensive that the host hotel’s rate.
   6. In the event of a Guest not showing, a no show charge will be administered to the tour operator, corporate or travel agent or against the credit card provided of one nights’ accommodation, VAT and tourism related levies (if applicable).
   7. Overbooking may occur inadvertently from time to time. In this event the host hotel will reserve a room at another equivalent hotel and arrange transport for the guest to get to the alternate hotel. The host hotel is responsible for the difference in room rate should the alternate hotel’s room rate be more expensive that the host hotel’s rate.
   8. In the event of a Guest cancelling a reservation less than 24 hours before the date of arrival, a cancellation charge may, at the hotel’s sole discretion, be administered to the tour operator, corporate or travel agent or against the credit card provided of one nights’ accommodation, VAT and tourism related levies (if applicable). Cancelled Group bookings and cancellations less than 24 hours before the date of arrival during peak periods will incur a cancellation charge, without exception. In the event of a cash deposit, the hotel is entitled to levy the aforementioned cancellation charge against such cash deposit and refund the balance to the Guest in accordance with their instructions.
   9. In the event of a Guest cancelling a reservation more than 24 hours before the date of arrival, the hotel shall refund the full amount paid in advance, to the relevant to the tour operator, corporate or travel agent or against the credit card provided or against the cash deposit. Requests for a refund will be processed within 5 business days from date of cancellation.
   10. Cheques will not be accepted for any purposes whatsoever.
3. RULES OF RESIDENCE
4. 1. Rooms are configured specifically as detailed on the CLH website www.clhg.com, in accordance with relevant legal requirements relating to health and safety in Namibia. The configuration may be amended by CLH from time to time in its sole discretion.

5.2        CLH reserves the right in its sole discretion to determine how many guests are permitted per room based on room configuration and health and safety requirements applicable from time to time. It is the Guest’s responsibility to pre-confirm with CLH the room configuration and guest allocation per room.  CLH accepts no liability should the hotel need to book additional rooms on registration due to incorrect room configuration/guest quota made on reservation.

5.3        All rooms in City Lodge hotels are configured as non-smoking rooms, unless a Guest specifically requests a designated smoking room and such designated smoking room is available at the time of making the reservation.  Smoking in the public areas of the hotel is only permitted in specifically designated areas at the hotel premises in accordance with the Tobacco Products Control Act, 2010. 

5.4        Cleaning, restaurants and / or fast food establishments, shuttle and security services are provided to the hotel by third party contractors and accordingly Guests indemnify the hotel against any costs, loss, damage incurred or suffered, as well as death or injury caused by any act of omission of such third party contractors.

5.5        Guests are responsible for safe-keeping of their own valuables and travel documentation, wherever it may occur on hotel premises and accordingly the hotel accepts no liability whatsoever for lost, stolen or damaged valuables and travel documentation.

5.6        No weapons of any description are permitted to be brought onto the hotel premises nor may weapons be kept or handled anywhere in or on the hotel premises, it being the risk and responsibility of the owner to ensure that weapons are properly secured off site

5.7        Whilst CLH has taken reasonable security precautions at its premises and is concerned with the safety and security of its Guests and their property, CLH does not warrant the safety of any person on any part of the hotel premises and it is the responsibility of a Guest to take reasonable safety precautions to ensure his / her safety and well-being.

5.8        Guests consent to a General Manager and/or Assistant General Manager and/or Junior Assistant General Manager accessing the Guest’s room if he/she has reasonable cause to believe access is necessary in the interest of (i) complying with any laws or (ii) the health and/or safety and/or security of the Guest and/or any person for whom the Guest is responsible and/or hotel staff and/or hotel property, and the Guest indemnifies CLH against any costs, loss, damage incurred or suffered, as well as death or injury incurred by the Guest or any person for whom the Guest is responsible howsoever arising from such access.

5.9        Guests make use of all hotel facilities at their own risk, including but not limited to the use of restaurant facilities, parking areas, shuttle / taxi services, swimming pools, gymnasium facilities, WIFI, business facilities and the like.

5.10      Guests are to specifically note that hotel swimming pools may not be gated off or contained and no life guards are on duty at any swimming pools.  It is the Guests responsibility to at all times supervise minor children both at swimming pools and on the hotel premises in general. Guests indemnify the hotel against any costs, loss, damage, death or injury caused to a minor whilst not under the supervision of the Guest.

5.11      Should a Guest contract with the hotel to stage an event, then the Guest shall remain liable and indemnifies the hotel against any costs, loss, damage, death or injury, costs, fines, penalties and the like arising from any act of omission of Guest appointed third party contractors, including but not limited to any third party contractor failing to adhere to any laws applicable to the services rendered by them for such event.

5.12      In addition to the aforementioned, each hotel premises may have signage detailing specific rules applicable to those hotel premises.  Such signage is deemed to be incorporated into these Terms by this reference.

5.13      The Guest shall be liable for and indemnifies CLH against any loss, damage, medical and/or safety and/or security emergency, costs, fines, penalties and the like arising from a Guest, and or any person for whom a Guest is responsible under this Agreement.

1. RATES AND PAYMENT
2. 1. The rates payable for any reservation are indicated when a Guest makes a reservation. On arrival and check-in, a Guest must either:
   2. 1. Present a credit card with details, including Cardholder name, Card Type, 16 digit credit card number. Expiry Date, CVV Number against which the hotel shall debit the full room rates, tourism related levy (if applicable), VAT and/or any other amounts agreed on; or
      2. Present a voucher from a travel agent or tour operator indicating the details of the reservation and billing instructions, rates (and whether or not they have been pre-paid) and the services to be rendered; or
      3. If paying by cash, pay the full room rates and/or other amounts, tourism related levy (if applicable)  and VAT invoiced on check-in; or
      4. Present a company order guaranteeing payment.
   2. Guests shall be liable for payment for all extras invoiced on check-out including but not limited to, costs for breakfast, additional restaurant and bar accounts, transport, business administration, laundry, damages, breakage deposit and / or actual costs etc.  In the event that a Guest fails to pay such extras then such amount shall be debited against the credit card, tour operator, travel agent or corporate account or invoiced, in which event such invoice shall be paid within 20 (twenty) days of CLH’s written demand, failing which CLH shall be entitled to charge penalty interest at the prime overdraft interest rate of CLH’s bankers plus 3% from due date to date of full payment of such overdue amount, together with such attorney’s legal costs and collection fees incurred.
   3. Cheques will not be accepted for any purposes whatsoever.
   4. If at any time any tax or levy is increased as a result of a change in any relevant local law applicable, then CLH shall be entitled to immediately levy such increase when effective without any further notice to any person.

6.5        All payments to be made hereunder to CLH shall be made free and clear of, and without any deductions for or on account of, any set-off or counterclaim.  Guests shall not be entitled to exercise any right of set off with respect to any amounts owing to CLH under this Agreement against any amounts owing to him/her under any other agreement or obligation.

6.6        Eft payments may be made into CLH’s designated bank account to settle accounts. The guest is responsible for verifying CLH’s bank details.  Accordingly CLH will not be responsible for fraudulent changes to bank details that have not been verified by the guest and CLH is hereby indemnified against any resultant loss or damage incurred.

6.7        In the event of non-payment by the guest of any amount due or owing to CLH for any reason whatsoever,  the guest, by his signature hereto expressly provides his/her consent to being listed on any credit bureau system by CLH without further notice.

1. GROUPS, TOUR OPERATERS, TRAVEL AGENT POLICY
2. 1. All guests booked through tour operators, travel agents, corporate or other group bookings are required to accept these Terms and conditions by signature on check-in.
   2. All Terms applicable between a corporate, tour operator or travel agent will be specifically agreed in a written contract between such party and CLH, which contract shall incorporate these Terms. In the event of a conflict between the contract and these Terms, the provisions of the contract will apply.
2. DATA PRIVACY
3. 1. The Guest acknowledges that when making a reservation CLH is obliged by law to collect certain personal information of all guests residing at the hotel and may from time to time be required to provide such information to the relevant government and/or regulatory authorities (including, but not limited to the Namibia Tourism Board).
   2. Save as aforementioned CLH undertakes to treat all personal information as confidential information and shall not disclose same, without the prior written consent of the guest to whom the information relates, save where CLH is required by law to do so.
   3. CLH undertakes that it shall not, at any time, copy, compile, collect, collate, process, mine, store, transfer, alter, delete, interfere with or in any other manner use any personal data for any purpose other than with the express prior written consent of the guest to whom it relates or to the extent necessary to comply with CLH’s obligations arising under concurrent legislation.
3. LIABILITY
4. 1. To the maximum extent permitted by applicable law, the Guest and any person for whom it is a signatory under these Terms indemnifies, defends and holds CLH (and its personnel) harmless, and shall keep CLH fully and effectively indemnified, against (i) any and all loss of or damage to any property, reputation, dignity or injury to or death of any person, including the Guest and/or any person for whom the Guest is responsible under these Terms; and (ii) loss, damage (including attorneys' fees on an attorney and own client basis), costs and expenses which CLH may suffer or incur arising directly or indirectly from any act or omission of CLH or its personnel and/or the Guest and/or any person for whom the Guest is responsible.
   2. Notwithstanding anything to the contrary in these Terms, CLH’s maximum liability:
   3. 1. For any loss or damage to property is limited to N$500.00 per claim or series of claims arising from the same event in any one year;
      2. For any injury or death is limited to N$2,000,000.00 per claim or series of claims arising from the same event in any one year;
   3. To the maximum extent permitted by applicable law, in no event shall CLH or its personnel be liable for any indirect, incidental, special, punitive or consequential damages or losses howsoever arising.
4. DISPUTES

Any complaint or dispute must first be referred to the relevant hotel manager who shall attempt to resolve the dispute. In the event such dispute is not resolved within 10 days from first notification then the dispute shall be referred to senior managers of CLH who shall attempt to resolve the dispute..

1. GENERAL
2. 1. These Terms constitute the entire agreement between CLH and the Guest in respect of the subject matter of these Terms. No amendment or modification to these Terms shall be effective unless in writing and signed by and authorised signatory of CLH.
   2. No indulgence shall be, or be deemed to be, a waiver of any of these Terms and no waiver of any breach shall operate as a waiver of any continuing or subsequent breach.
   3. These Terms shall be governed and construed according to the laws of the Republic of Namibia and the parties agree to submit to the exclusive jurisdiction of the Namibian courts.