INTRODUCTION

This website can be accessed at www.sugarbirdmanor.co.za (the Website). The Website is owned and managed by VC Povall (Passport number: 562001969), a citizen of the United States of America, trading as Sugarbird Manor (Sugarbird Manor).

These terms and conditions (the Terms) are binding on any person who accesses or uses the Website and/or purchases accommodation on the Sugarbird Manor online store (the User). By entering the Website and/or booking a reservation through the Website, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood.  If the User does not agree to any of the Terms, the User should not enter, view or conduct any transaction on the Website.

The Website enables a User to book accommodation at Sugarbird Manor guesthouse

CONDITIONS OF RESIDENCE

Rates quoted are:

  • Per room per night
  • Inclusive of full breakfast
  • Quoted in South African Rands (ZAR)
  • Subject to change without prior notice
  • Inclusive of 15% VAT (subject to change)
  • Breakfast charge is non-refundable
  • Service charge is discretionary
  • Cheques are not accepted
  • All rooms and cottages at Sugarbird Manor are non-smoking.
  • An initial cleaning fee of R 3,500 will be levied against the guest’s bedroom account in the instance that the policy is not adhered to. In severe instances, additional accommodation charges may be applied.
  • Check in time is 14h00
  • Check out time is 11h00
  • Airport transfers can be arranged at an additional charge on request. A cancellation fee will be applicable should a transfer be cancelled within 4 hours prior to collection time.
  • The South African government requires that you have two blank pages opposite each other in your passport.

CHILDREN

  • Child sharing policy and costs are specific to the age of the child and room category booked.
  • Children are accommodated on a sofa bed or rollaway bed.
  • Children breakfast charge: 0-13 free.

MINIMUM REQUIREMENTS AND CANCELLATION POLICY

  • All Rooms: Unless stated otherwise, a cancellation fee equivalent to the full stay will be applied if accommodation is cancelled7 days or less prior to the booked arrival date.
  • All Cottages: A cancellation fee equivalent to the full stay will be applied if accommodation is cancelled 28 days or less prior to the booked arrival date.
  • In the event of a no-show, or should you not arrive on the stated arrival date, a cancellation fee equivalent to the full stay will be applied.
  • Should guests depart earlier than the stated departure date, a cancellation fee equivalent to the full stay will be applied.

Temporary Cancellation Policy: 10th March, 2020 – 31st December, 2020 inclusive

  • Temporary cancellation policy will only be applicable on any new bookings from 10th March 2020 – 31st December 2020.
  • This will reduce the current cancellation policy from 28 days to 2 days.

FOOD ALLERGIES

At Sugarbird Manor our menu offerings are subject to change and may use ingredients containing common food allergens such as peanuts and other tree nuts, seafood including fish, mollusks and crustacea, wheat/gluten, eggs, dairy, soy, alcohol and sulphites.
We advise that you should always indicate to your waiter of any special dietary requirements, including intolerances and allergies, regardless of whether you are a returning guest or not.

Where possible, our staff will advise you on alternative dishes. However, while we do our best to reduce the risk of cross-contamination in our kitchen, due to the hand-crafted nature of menu items the variety of procedures used in our kitchens and that the farming, handling and transportation of food items prior to their arrival in our kitchens is beyond our control we CANNOT guarantee that any of our dishes are free from allergens and therefore cannot accept any liability in this respect. Guests with severe allergies are advised to assess their own level of risk and consume dishes at their own risk.

The information provided on our website and should NOT be considered as any form of guarantee but as a best faith effort to provide you with information on our dishes. You should use this information to help you assess your own level of risk, based on your personal circumstances, before consuming any of our dishes.

Sugarbird Manor and its staff members, shareholders, subsidiaries, affiliates, officers and/or agents, will not assume any liability for adverse reactions to food consumed, or allergens which you may come in contact with whilst in the guesthouse or on the property.

PAYMENTS

You agree to be financially responsible for any financial transactions made by you on this website or mobile application (as well as for use of your account by others, including without limitation, minors). You agree that the reservation facilities of this website or mobile application shall be used only to make legitimate reservations. You understand that overuse or abuse of the reservation facilities of this website or mobile application may result in you being denied access to such facilities, at the sole discretion of Sugarbird Manor.

For any reservations or other services for which fees may be charged, you agree to abide by these Terms and Conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website or mobile application.

All costs associated with your stay as well as the booking procedure and cancellation policy at Sugarbird Manor are accessible via the website or mobile application or telephonically. Payment may be made online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections and withdraw by you prior to placing the final order.

By effecting payment via our website or mobile application, the transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and that a binding agreement has been concluded between Sugarbird Manor and you authorising us to deduct or to debit the credit card for payments for services rendered to you.

Your hand signature shall not be required for authorisation purposes. Payment may be made online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections and withdraw by you prior to placing the final order.

In terms of Section 42(2)(j) of ECTA, you acknowledge and agree that Section 44 of ECTA will not apply to transactions concluded via the website or mobile application.

ONLINE PAYMENTS

Sugarbird Manor takes steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. The User acknowledges that transactions that are performed over the internet may be vulnerable to interception. Sugarbird Manor will not be liable for any loss that the User may suffer as a result of any interception.

Online payments are processed by third party payment service providers. Sugarbird Manor has no involvement in or control over the payment service provided by them. To the fullest extent permitted by law, Sugarbird Manor shall not be liable to the User for any damage or loss suffered or incurred by the User relating to the actions or omissions of such service providers or through the use of their payment services.

By making online payments relating to the Website, Users consent to the use and retention of their card details.

Sugarbird Manor is the merchant of record and responsible for the contents of these Terms and the processing and fulfilment of orders, customer service, resolution of disputes.

PROMOTIONAL VOUCHERS

Promotional vouchers or codes may be issued electronically in Sugarbird Manor’s sole discretion.  Users do not have a right to promotional vouchers, and promotional vouchers cannot be earned. Promotional vouchers are issued under specific terms and conditions regulating when and how they may be used. Promotional vouchers are issued for limited validity time periods. Promotional vouchers can be used to secure a discount on the Website, provided that the promotional voucher is valid and has not expired.

Some promotional vouchers may be subject to a minimum spend requirement or other conditions, as communicated in the information accompanying the promotional voucher.

To utilise a promotional voucher and claim the applicable discount in respect thereof, a User must insert the relevant discount code into the promotional voucher code box provided at check out.

Returns will be refunded at the actual rand value paid per item after the respective promotional voucher discount is applied. The value of the promotional voucher will be set off against the value of the shopping cart and the balance remaining, if any, will be payable to the User.

A replacement promotional voucher code will only be provided to a User once and on request by a User.

Promotional voucher codes are not valid on any discounted items and promotional voucher codes may not be used in conjunction with any other offers on the Website.

Promotional vouchers cannot be exchanged for cash and the full value must be utilised by a User.

PRODUCT WARRANTIES AND LIABILITY

Sugarbird Manor makes no warranties or representations in respect of products sold to Users, unless the CPA applies. If the CPA does apply, the warranties are limited to those set out in the CPA and are subject to the CPA’s provisions.

To the fullest extent permitted by law, Sugarbird Manor shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users as a result of products sold by Sugarbird Manor.

To the extent permitted by law, the User indemnifies and holds Sugarbird Manor, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by Sugarbird Manor or the use of such products.

LIABILITIES REGARDING USE OF THE WEBSITE

The User makes use of this Website at their own risk.

The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis.  Sugarbird Manor makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.

To the extent permitted by law, the liability of Sugarbird Manor for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.

Notwithstanding anything to the contrary contained in these Terms, Sugarbird Manor shall not have any liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.

The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies Sugarbird Manor and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by them or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.

Sugarbird Manor will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Sugarbird Manor.

These Terms do not intend to, nor shall they be interpreted to, limit the liability of Sugarbird Manor in any way which would be illegal for Sugarbird Manor to exclude or attempt to exclude or where such exclusion is prohibited by the CPA or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.

WEBSITE USE

The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents or the proper functioning of the Website without the prior written consent of Sugarbird Manor.

Sugarbird Manor reserves the right to make any changes to the Website, its content and/or products offered through the Website at any time and without prior notice.

The Website may contain links to other websites. Sugarbird Manor has no control over such websites, does not review their content and will not be liable for their content or accuracy.  The User accesses such websites at the User’s own risk and discretion.

The User may link to this Website, provided that the User will not replicate any particular page, including the homepage.  When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 13.

No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be associated in linking to the Website.

Although every effort will be made to have this Website available at all times, the Website may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption.  Sugarbird Manor does not warrant against nor will it be held liable for such downtime and the User indemnifies Sugarbird Manor against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.

If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it.  The User shall be responsible for all access to the Website with the User’s username and password.  When the User’s username and password have been used in order to gain access to the Website, Sugarbird Manor shall be entitled to assume that such use and all related communications emanate from the User.  Sugarbird Manor shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.

In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Sugarbird Manor with subsequent confirmation in writing.  The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User.  Sugarbird Manor may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.

If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Sugarbird Manor shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on Sugarbird Manor’ part and without prejudice to Sugarbird Manor’ rights in terms of these Terms or at law.  Following such termination, the User will forfeit the right to link to this Website as described in clause 13.4.

DISCLAIMER

Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed      and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies Sugarbird Manor from and against any and all            liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.

PROPRIETARY RIGHTS

The User acknowledges that Sugarbird Manor and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (Intellectual Property) associated with, related to or appearing on the Website.

The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law.  The owners of such content reserve all such rights therein unless provided otherwise in these Terms.

The User undertakes:

not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;

not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of the rights, title and interest in and to the Intellectual Property; and

not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.

Without limiting the generality of the provisions of clause 15.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.

Sugarbird Manor graphics, logos, page headers, button icons, scripts and service names are the property of Sugarbird Manor.  Sugarbird Manor trade marks and trade dress may not be used in connection with any product or service that is not conducted by Sugarbird Manor or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sugarbird Manor. The User may not use any of the Intellectual Property without Sugarbird Manor’ prior written consent. All other trade marks not owned by Sugarbird Manor that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.

MALICIOUS SOFTWARE AND OFFENSES

The User warrants that:

the User will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;

no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Sugarbird Manor’ system which may cause any form of technological harm or any other form of harm in any manner or respect;

the User will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and

the User will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.

Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Sugarbird Manor will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.

Although Sugarbird Manor and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Sugarbird Manor does not warrant that the Website is free of malicious content or viruses and Sugarbird Manor will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 16.1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.

The User warrants that they will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.

SUSPENSION AND DEREGISTRATION

Sugarbird Manor reserves the right to at any time suspend or terminate the Website or any activity on the Website for any reason, including (without limitation) any unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation.

In the event that the Website, any activity or event on the Website or any person’s purchase of any of the products offered for sale on the Website is suspended or terminated, a person shall have no claim against Sugarbird Manor for whatever reason.

PRIVACY

Sugarbird Manor’ Privacy Notice, which is incorporated into these Terms by this reference, further describes the collection and use of information on this Website.

ADDRESSES

Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:

Sugarbird Manor: As per clause 21;

The User: As per the address supplied when the User registered as a user of the Website.

Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address in accordance with the provisions of clause 19.1, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.

GENERAL

These Terms and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The User’s continued use of the Website will constitute their 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 these Terms. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town in regard to all matters arising from this Agreement. Nothing in this clause or the Terms limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

If at any time there is a failure by Sugarbird Manor to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.

Sugarbird Manor reserves the right to amend or delete any part of the Website, the related Terms and/or Privacy Notice at any time and without prior notice.  The User must review the Terms on a continual basis and remain up-to-date in respect of any changes.

If the User needs to obtain a sales record of their transaction for accommodation through the Sugarbird Manor Website, they can request same from Sugarbird Manor within 30 days of the transaction.

Any and all communications between the parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.

CONTACT DETAILS

Sugarbird Manor’ can be contacted on 079 1242124 or at reservations@sugarbirdmanor.co.za

DISCLOSURE OF INFORMATION

Merchant:                                   VC Povall trading as Sugarbird Manor

Passport number:         562001969

Physical address:          Devon Valley Road

Stellenbosch

7600

Postal address:             PO Box 12523

Die Boord

7613

Telephone number:      +27 79 1242124

E-mail address: ginny.povall@sugarbirdmanor.co.za

Website address:          www.sugarbirdmanor.co.za

VAT number:                 4750246961

Sugarbird Manor will receive service of documents in legal proceedings at the above physical address.