Credit terms

1 GENERAL

1.1  “The/this Credit Application” means this incidental Credit Application and credit terms.

1.2 “City Lodge” means City Lodge Hotels Limited, Registration Number 1986/002864/06.

1.3 “City Lodge Agreement” means the latest version of the credit terms and the Hotel Terms and Conditions of Residence on the website.

1.4 “Customer” means the legal entity which requires the credit facility in terms of the completed Credit Application form and shall include its administrators, trustees, assigns or liquidators as fully and effectually as if they had signed this Agreement in the first instance.

1.5 “Website” means www.citylodgehotels.com.

 1.6 These are the credit terms applicable on date of completion of the Credit Application.  City Lodge shall be entitled to amend these credit terms and conditions from time to time by uploading the latest version thereof on the website.  No latitude, extension of time or other indulgence, which may be given or permitted by City Lodge to the Customer, shall operate as a waiver or novation or otherwise affect any of City Lodge’s rights in terms of or arising from this Agreement.

1.7 The clause headings contained in this Agreement are not be used in the interpretation hereof.

1.8 Each reference in this Agreement to:

• 1.8.1 the singular includes the plural and vice versa;
• 1.8.2 a gender, includes the other genders; and
• 1.8.3 a person means and includes any individual, company, close corporation, partnership, association, firm joint venture, trust, unincorporated organisation, association or any other legal entity, in each case, whether having distinct legal personality or not.

2 CHANGE OF CONTROL

2.1 The Customer hereby undertakes in favour of City Lodge that.

2.1.1 The Customer shall notify City Lodge in writing of any change in the control and/or ownership of the Customer and/or its business not less than 30 (thirty) days prior to the effective date of any such change;

2.1.2 If the Customer is a local, provincial or governmental department then the Customer undertakes to notify City Lodge of any change of name of such governmental department or change of the name of the authorised representative.

2.1.3 The Customer shall notify City Lodge in writing of any change of address and/or telephone number and/or other contact details of the Customer and/or its business in writing, not less than 30 (thirty) days prior to the effective date of any such change.

3 CREDIT FACILITY

3.1 The Customer hereby acknowledges and specifically agrees that any credit facility granted to the Customer by City Lodge, following upon City Lodge’s approval of the Credit Application form, may be summarily withdrawn by City Lodge at any time and without any prior notice to the Customer.  The decision as to whether or not to grant a credit facility to the Customer and whether or not to subsequently withdraw such credit facility is in the sole, absolute and unfettered discretion of City Lodge.

3.2 The Customer hereby unconditionally authorises City Lodge and its employees:

3.2.1 to conduct credit enquiries relating to the Customer, by accessing any credit bureau or related database; and

3.2.2 to transmit details of the Customer to any credit bureau as to how the Customer has performed in meeting its obligations in terms of a City Lodge Agreement concluded between City Lodge and the Customer and to share such information with other credit grantors; and

3.2.3 in the event that the Customer fails to meet its obligations with City Lodge, in respect of a City Lodge Agreement, to notify and record the Customer’s non-performance with any credit bureau; and

3.2.4 to record the consent of the Customer that any and/or all information disclosed by City Lodge to any credit bureau, in respect of the Customer, may be assessed by other credit grantors and used by them in making risk management decisions; and

3.2.5 to attend to the recordal of the existence of the Customer’s account with City Lodge by any credit bureau

3.3 City Lodge shall at any time be entitled to request security in the form of a deposit, guarantee or surety in a format acceptable to City Lodge, from the Customer and to refuse to grant a credit facility in the event that the Applicant fails to provide the required security.

4 PRICE, PAYMENT AND INTEREST

4.1 Each and every invoice to the Customer shall be paid by the Customer to City Lodge, without any deduction or set off of any nature whatsoever, in accordance with the details set out in such invoice

4.2 The payment terms in respect of each and every invoice to the Customer shall be strictly 30 (thirty) days calculated as from the date of statement.

4.3 In the event of the amount payable in terms of any invoice not being paid in full by the Customer to City Lodge on the applicable due date thereof and Customer failing to make payment within 20 (twenty) days of date of written demand by City Lodge for payment, interest shall accrue on the amount of such overdue amount at the prime overdraft interest rate of City Lodge’s bankers plus 3% from the due date, to the date of full payment of such overdue amount.

4.4 In the event of the Customer defaulting on any payment obligation to City Lodge and Customer failing to make payment within 20 (twenty) days of date of written demand by City Lodge for payment, any discounts previously allowed by City Lodge in respect of the Customer’s said payment obligation, shall be cancelled and interest on the full pre-discount amount shall accrue in accordance with the provisions of clause 4.3.

4.5 The Customer’s liability or indebtedness to City Lodge shall include all amounts invoiced by City Lodge from time to time and City Lodge shall not be limited to any credit facility granted to the Customer.

5 BREACH

5.1 Should the Customer fail to make payment to City Lodge in terms of clause 4 above, then without prejudice to any other rights and/or remedies which City Lodge may have in terms of any Agreement with the Customer, or at law:

5.1.1 City Lodge shall be entitled to suspend its further obligations to the Customer;

5.1.2 City Lodge shall be entitled to cancel any and all Agreements with the Customer;

5.1.3 Any amounts not yet paid for by the Customer shall immediately become due, owing and payable by the Customer to City Lodge.

5.1.4 City Lodge shall further be entitled to retain all payments previously made to it by the Customer either as a penalty or as a genuine pre-estimate of its liquidated damages, or to claim such damages from the Customer as City Lodge may have sustained by reason of the event of default and to set off the payment amounts so retained against the damages when determined.

5.2 The aforementioned rights are without prejudice of City Lodge’s right to claim such damages to which it may be entitled.

5.3 The Customer agrees to pay, on demand, all legal costs incurred by City Lodge, calculated on the attorney and own client scale including collection commission, tracing fees and the like.

6 GOVERNING LAWS/JURISDICTION

6.1 The Credit Application shall in all respects, be governed and construed in strict accordance with the laws of the Republic of South Africa and all disputes, actions and other matters which may arise in connection with the relationships established by this Credit Application, or otherwise, as a result of this Credit Application, shall be determined in accordance with such laws.

6.2 The Customer shall comply with all legislation applicable to the transactions envisaged under of this Agreement including, but not limited to, the Companies Act, the Prevention and Combating of Corrupt Activities Act, the Public Finance Management Act, 

6.3 The Customer, in accordance with the Magistrate’s Court Act No. 32 of 1944, as amended, hereby consents to the jurisdiction of the Magistrate’s Court having applicable jurisdiction, notwithstanding that any claim by City Lodge, exceeds the jurisdiction of the Magistrate’s Court as to value.  City Lodge shall nevertheless in its sole and absolute discretion to be entitled to institute proceedings against the Customer in the High Court of South Africa.

7 AUTHORISATION

7.1 The Customer warrants that the person executing this document is lawfully authorised to conclude this transaction on behalf of the Customer.

7.2 The following documents shall be provided to City Lodge on request:

7.2.1 If Customer is a Company, Close Corporation or Trust – Business Incorporation Documents;

7.2.2 If Customer is a sole proprietor – Identity document;

7.2.3 If Customer is a governmental department – a letter on an official governmental letterhead from the departmental head authorising the execution of this document;

7.2.4 Proof of VAT Registration, if applicable;

7.2.5 Proof of principle place of business.

7.2.6 If Customer is a Company, Close Corporation, Trust or governmental department – a resolution authorising the entity to enter into this transaction with City Lodge;

7.3 City Lodge has no obligation to verify any authorisation or the authenticity of the aforementioned documentation and the Customer indemnifies City Lodge against any loss, damages, costs, claims, expenses, fines, penalties or the like arising from a breach of this clause 7.

8 DOMICILIA

8.1 The Customer hereby chooses its domicilium citandi et executandi for all purposes, including the service of all process, at the physical address of the Customer as recorded in the Credit Application.  In the event of the Customer not being resident, or normally conducting business within the Republic of South Africa, the Customer hereby irrevocably and unconditionally consents and submits to the jurisdiction of the High Court of South Africa.

8.2 City Lodge hereby chooses its domicilium citandi et executandi for all purposes including the service of all process at “The Lodge”, Bryanston Gate Office Park, Corner Homestead Avenue and Main Road, Bryanston, Johannesburg. 

Please read these terms and conditions of use ("Site Terms") carefully. By accessing or using this Website ("Site"), you agree to be bound by the Site Terms described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these Site Terms, do not use this Site.
These Site Terms apply to your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with City Lodge Hotels Limited ("City Lodge" or the "us", "we", "our"), its subsidiaries or affiliates and you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify City Lodge for violations of these Site Terms.

General terms and conditions of use

Definitions
City Lodge Hotels Limited is a registered public company, in accordance with the Company Laws of the Republic of South Africa. It is a provider of hotel accommodation in South Africa.
The term "Client", "Corporate", "Corporate Client", "you" or "your" are synonymous and refer to a person or an organisation who wishes to access the site for information and / or reservation purposes or the use of any services offered by City Lodge.



Privacy Policy
We are committed to protecting your privacy. Please refer to our Website Privacy Policy for information on how we collect, use and disclose personal information. The terms of our Website Privacy Policy (as amended from time to time) are incorporated herein by this reference.
Should you not wish us to use the personal information, please send an e-mail to privacy@citylodgehotels.com.


Ownership of the Site and its Contents
You acknowledge that this Site is owned by, and all intellectual property rights herein vest in, City Lodge, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Site Content"), is owned by City Lodge, our licensors, advertisers or third-party content providers (as applicable).
All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.
You may view, electronically copy and print portions of the website for your personal use and for purposes of making online reservations. Any other use, including reproduction other than as aforesaid, amendment/modification, or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

Disclosures required by Section 43 of the Electronic Communications and Transactions Act, 25 of 2002
The required disclosures are displayed as a link from this website and are deemed to form part of these terms and conditions.

Application of these Website Terms and Conditions of Use
These Website Terms and Conditions of Use shall apply to all Clients and any member of the public wishing to interact with City Lodge through the Site, except where otherwise provided herein.
These Terms and Conditions shall be incorporated in and shall apply consistently to every Agreement entered into between City Lodge and Clients, regardless of whether such Agreement is concluded orally, in writing or by digital acceptance.


Use of the Site
This Site and the Site Content are intended for use by Clients solely to provide information about our hotels or assist in making legitimate reservations at a hotel. Save as otherwise provided in any other Agreement, you may not use this Site or the Site Content for anything other than personal and non-commercial purposes. Save as otherwise provided in any other Agreement, you are specifically prohibited from:

(a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or the Site Content otherwise than through your bona fide, personal, non-commercial use of the Site without, or in violation of, a written license or agreement with us;

(b) using any data mining, robots or similar data gathering or extraction methods;

(c) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology;

(d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party if you are not expressly authorised by such party to do so; and (e) using the Site or the Site Content other than for their intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, or the country from which you export the data, the country where data is downloaded, or the country in which you reside.
You agree that you may not upload any data which is malicious, false, misleading, fraudulent or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by City Lodge to allow any further dealings with the Client concerned, and/or possible prosecution with the relevant authorities. In such event, you shall have no claim or claims of whatsoever nature or kind against City Lodge arising out of such cancellation.

Neither City Lodge, nor any person for whom it is vicariously liable at law, will be responsible for consequences of any nature which may arise from force majeure incidents, being those beyond its control; and specifically, not limited to, any misuse of an Client’s personal data that results from the abuse or sharing of a City Lodge Client’s access codes, if applicable. On the rare occasion that this may occur, City Lodge will provide a record to indicate which Clients have had access to the information.

City Lodge Hotels Limited is committed to secure and encrypted storage of the personal information of Clients. The nature of its business is to have this information accessible to its Clients. Under no circumstances will City Lodge give or sell any information relating to Clients to third parties, or organisations it deems not to be in the business of hotel reservations, or where it deems abuse of this access will occur.
Abuse of this website may result in you being denied access to such facilities, at the sole discretion of City Lodge.
You agree to abide by these terms and conditions in respect of any reservations or other services for which fees may be charged and that you are responsible for all charges, fees, duties and taxes arising out of the use of this website (as well as for any use of your account by others, including any person under the age of 18 years).
City Lodge shall use reasonable endeavours to keep the system available and maintain full system functionality at all times. You agree that City Lodge shall not be liable to you or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service.
You must sign out of the website once you have finished using the City Lodge website. If you do not do this, unauthorised transactions may result, for which we will not be liable.


Trademarks
Our logos and any other product or service name or slogan contained in the Site are registered or unregistered trademarks of City Lodge and our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of City Lodge or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising "City Lodge", "City Lodge" or any other name, trademark or product or service name of City Lodge without our prior written permission. In addition, the look and feel of the Site (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of City Lodge and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.


Links
You may not use a City Lodge logo or other proprietary graphic of City Lodge to link to this Site (or any other site) without our express written permission. Further, you may not frame any of our trademarks, logos or other proprietary information, including the Site Content, without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that City Lodge’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.


Advertising
It is our intention to only send you e-mail communications that will be useful to you and that you want to receive. When you create a personal account, join CLHG Rewards, or make a reservation and provide your e-mail address, we will periodically contact you via e-mail and provide information about special offers and promotions that may be of interest to you. These communications will relate to City Lodge offers which may also include the promotions of select, reputable third parties with whom City Lodge has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. When we make use of third party e-mail service providers to send the aforesaid e-mails, these service providers are prohibited from using your e-mail address for any purpose other than to send City Lodge related e-mail.
Should you not wish to receive these e-mail communications, please send an e-mail to privacy@citylodgehotels.com

Verification
You acknowledge and agree that City Lodge shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet which purports to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which are sent to City Lodge by way of the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by City Lodge and you will be bound by such details with no liability whatsoever attached to City Lodge in regard thereto.
You waive any rights you may have or obtain against City Lodge arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that City Lodge acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify City Lodge against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that City Lodge has acted on your instructions or instructions which purport to emanate from you.


Warranties and Undertakings
You undertake to conduct all dealings with City Lodge and other users of the Site with the utmost good faith and in accordance with all applicable laws.
You warrant that every instruction and all information given by you to City Lodge shall be accurate, true and correct.
City Lodge makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Site, its content and/or accuracy thereof, any services provided via this Site or the suitability of any of the services for a particular purpose or the effectiveness of any security or encryption facilities.
City Lodge does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components.
City Lodge, its directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you, the recipient of any services or any third party arising from or as a result of the conclusion of any agreement for the services, or as a result of or which may be attributable (directly or indirectly) to your use of or reliance on the Site, including any information provided thereon, services provided via this Site; any viruses that may infect your computer or other property on account of your access to and/or use of the Site; the efficacy of any security or encryption facilities; or the Internet and you indemnify and hold City Lodge harmless in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.

You agree that you will not, in using the Site, infect it with any computer programming, including but not limited to a virus, that may damage, interfere with, delay or intercept data or information on the Site and you indemnify and hold City Lodge harmless for any damage or loss caused by any such act.


Indemnification
You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site (including, without limitation, any information you disclose in any dealings you have with any other user of the Site), your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.


Disclaimer
This Site and the Site Content are provided "as is" and we and our directors, members, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this Site or the Site Content, or the unavailability of the same, including, but not limited to, business interruption, loss of business information, loss of data, loss of profits and any direct, indirect, incidental, punitive, special or consequential damages. The functions embodied on or in the materials of this Site are not warranted to be uninterrupted or without error. You, not us, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or the Site Content. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
We use reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
We do not have direct control over all of the Site Content, make no representations or warranties whatsoever in respect thereof and expressly disclaim any liability in connection therewith. If you find the Site Content, or any part thereof, offensive or believe that any of the Site Content infringes upon any copyright that you own or control, you may file a notification of such complaint or infringement as set forth in clause 14 below.



Limitation of Liability
In no event shall we, our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, delict (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Site Content or the materials or services contained in or accessed through the Site, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to City Lodge’s records, programs or services. In no event shall our aggregate liability, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to us for access to or use of the Site.


Governing Law
These Site Terms are governed by and will be interpreted according to the laws of South Africa and all disputes, claims and other matters in connection with these Site Terms will be determined in accordance with such laws and in the Courts of South Africa who have jurisdiction to hear the matter.


Termination
Notwithstanding any of these Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to restrict or block your use of the Site.

Miscellaneous Provisions
These Site Terms (as varied from time to time in accordance with clause 15 below) constitute the sole record of the agreement between you and us in relation to your use of the Site. Neither you nor us will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Site Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Site. Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Site by virtue of a separate written agreement with City Lodge. If this applies to you, these Site Terms must be read in conjunction with such agreement which takes precedence over these Site Terms in the event of any conflict.
Failure or neglect by us to enforce at any time any of the provisions of the Site Terms will not be construed as a waiver of our rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by us.
If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Any rights not expressly granted herein are reserved.

Changes to Site Terms
City Lodge reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. When we make changes, we will revise the "Last Updated" date at the top of these Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this Site.


Contact Information
Questions or comments about the Site or Site Terms may be directed to info@citylodgehotels.com or +27 11 557 2600.