Strandloper CC t/a Die Strandloper Restaurant (“Strandloper”)

Definitions:

In these terms and conditions of service (this document), except in a context indicating that some other meaning is intended:

(a) Words and phrases denoting natural persons refer also to juristic persons, and vice versa.
(b) Clause headings appear in these terms and conditions of service for purposes of reference only and shall not influence the proper interpretation of the subject matter.
(c) Expressions in the singular also denote the plural, and vice versa.
(d) Pronouns of any gender include the corresponding pronouns of the other genders.
(e) “Acceptance” shall mean in relation to telephone reservations the Strandloper’s verbal confirmation or acceptance and in the case of any other reservations a written confirmation or acceptance of a reservation issued by the Strandloper (both also referred to as the “booking confirmation”). In relation to this Agreement the Client’s full and unconditional acceptance of these terms and conditions of service either by verbal acceptance thereof, signing this document or by clicking on “accept” on the Strandloper’s official website or on the Strandloper’s online booking portal.
(f) “Agreement” shall mean these terms and conditions of service, this document and / or any transaction entered into between the Parties in terms of these terms and conditions of service or this document.
(g) “Binding Reservation” shall mean a reservation made by a Client and confirmed and /or accepted by the Strandloper or confirmed and /or accepted by the Strandloper in the case of online / email reservations by issuing a written booking confirmation.
(h) “Cancellation fee” shall mean the fee levied for Cancellation by either party in terms of this Agreement or the penalty fee or penalty charge or similar amount levied.
(i) “Client” shall mean both natural and / or juristic person(s) who enter into this Agreement with the Strandloper or any such person(s) who enter into a transaction with the Strandloper or any such person(s) making a Binding Reservation with the Strandloper.
(j) “Deposit” shall also mean a non -refundable deposit or non refundable booking fee or non-refundable reservation fee, as more fully set out in clause 4 of this Agreement.
(k) “Direct marketing” in terms of section 1 of the Consumer protection Act 68 of 2008 as amended (the “Act”) means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of -(a) Promoting or offering to supply, in the ordinary course of business, any goods or services to the person; or (b) requesting the person to make a donation of any kind for any reason as more fully set out in the Act.
(l) “Parties” shall mean the Parties to this Agreement or the Client and the Strandloper jointly.
(m) “Promote or Promoting ” in terms of section 1 of the Consumer protection Act 68 of 2008 means to -(a) advertise, display or offer to supply any goods or services in the ordinary course of business, to all or part of the public for consideration; (b) make any representation in the ordinary course of business that could reasonably be inferred as expressing a willingness to supply any goods or services for consideration or (c) engage in any other conduct in the ordinary course of business that may reasonably be construed to be an inducement or attempted inducement to a person to engage in a transaction as more fully set out in the Act.

1. Cooling – off

1.1 The Client is entitled to a cooling -off period in terms of section 16(3) of the Consumer Protection Act 68 of 2008 as amended (the “Act”), provided that this Agreement is based on Direct Marketing in terms of the said Act and thus also falls within the definitions of “Direct marketing” and “Promote or Promoting” in terms thereof (see definitions above). The onus of proof that this Agreement is based on Direct Marketing shall wholly rest on the Client

1.2 In terms of the right to cooling -off set out in 1.1, the Client is entitled to cancel this Agreement free from any penalty or change within 5 (FIVE) business days from date of Acceptance of this Agreement or from date of receipt of a Booking Confirmation (Binding Reservation) from the Strandloper.

1.3 All Cancellations in terms of this clause 1 shall be reduced to writing and delivered to the Strandloper as set out in this clause 1 by email to strandlopers@mweb.co.za

2. Rates, special offers, schedules of service and related information

Any rates, special offers, schedules of service and any related information found in any other forum or source other than on the Strandloper’s official website may be out dated and / or be incorrect. Thus, only rates, special offers, schedules of service and any related information contained on the Strandloper’s official website and / or specifically communicated to the Client in any direct written correspondence from the Strandloper or obtained through the Strandloper’s online booking portal are guaranteed to be correct and shall be the agreed rates, special offers, schedules of service and any related information in terms of this Agreement and therefore be legally binding between the Parties in terms of this Agreement.

3. Reservations and service schedules

3.1 All meals are served by the Strandloper by prior Binding Reservation only.

3.2 Reservations are made by the Client either by telephone, email to strandlopers@mweb.co.za or through the Strandloper’s online booking portal.

3.3 All reservations made by Clients shall be confirmed and accepted by the Strandloper if by email or via online booking portal in writing or verbally in case of telephone reservations. Only upon verbal confirmation and acceptance or issue of a written confirmation and Acceptance by the Strandloper or the Strandloper issuing a written Booking Confirmation but subject to the provisions of 4 and 7 below does a Binding Reservation come into existence and become legally binding between the Parties in terms of this Agreement.

4. Deposit

4.1 A strictly non – refundable deposit of 10% of the estimated bill (meal price) shall be paid to the Strandloper in respect of group reservations of 50 (fifty) people or more. For groups of 15 (fifteen) to 49 (forty nine) people a R 1000 (one thousand rand ) deposit is required.

4.2 The Deposit shall be paid by no less than 7 (SEVEN) calendar days from receipt of a verbal or written Acceptance or confirmation of the reservation from the Strandloper.

4.3 Proof of payment of the Deposit shall be sent to the Strandloper via email to strandlopers@mweb.co.za in order for the Client to make a valid group reservation. If the Strandloper does not issue a verbal or written Acceptance or confirmation of the reservation and no Deposit as set out above is received by the Strandloper, but subject to the provisions of 7 below, no legally binding group reservation exists or comes into existence between the Parties in terms of this Agreement.

5. Cancellation by the Strandloper

5.1 The Strandloper is an outdoor restaurant and /or an open – air buffet restaurant therefore conditions such as, without limitation unpleasant or bad weather and insufficient number(s) of Binding Reservations or any such factors that fall outside the direct control of the Strandloper may therefore occasion the cancellation of Binding Reservations by the Strandloper.

5.2 The Strandloper therefore reserves the right to cancel any Binding Reservation in its sole discretion that is without limitation occasioned by:

5.2.1 Change(s) or the potential threat of change(s) or forecasted change(s) in climate or weather, such as wind, rain, stormy seas and extreme temperatures and / or,

5.2.2 An insufficient number of Binding Reservations, the Strandloper requires a minimum of 25 (TWENTY FIVE) Binding Reservations in order to open the restaurant and serve Clients.

5.3 The Strandloper shall give Clients a minimum of 3 (THREE) hours verbal notice by calling the telephone number(s) provided to it by the Client when making the reservation of cancellation before the meal time to which their Binding Reservation relates. Thus in respect of lunches the Strandloper shall give Clients notice of cancellation by no later than 9am and in respect of dinners by no later than 3pm on the day of the meal to which their Binding Reservation relates. The Strandloper shall not be liable for any inconvenience, damage or losses occasioned by the Client’s unavailability on any of the telephone numbers given to it.

5.4 Any monies paid by Clients shall be refunded in full where Binding Reservations are cancelled due to the provisions set out in this clause 5. Refund is subject thereto and the responsibility shall rest solely on the Client to provide the Strandloper with its banking details within 7 (SEVEN) business days from cancellation, alternatively to make or arrange another reservation, failing which, such failure shall be deemed and constitute an irrevocable consent and authority for the Strandloper to in its sole discretion either retain the monies paid to it as its property or to donate the monies paid to it to a charity of the Strandloper’s choice in the Client’s stead.

6. Cancellation by the Client

6.1 In instances where clause 1 does not apply and the reservation is cancelled by the Client 5 (FIVE) business days or more in advance 50% (FIFTY PERCENT) of the Deposit shall be refunded to the Client and the remaining 50% (FIFTY PERCENT) retained by the Strandloper as a reasonable Cancellation fee. The Client hereby acknowledges and accepts the said Cancellation fee to be reasonable.

6.2 Where the cancellation is done less than 5 (FIVE) business days as set out above, no portion of the Deposit shall be refunded to the Client and the Strandloper shall retain such as Initial Initial Copyright © Strandloper CC t/a Die Strandloper Restaurant a reasonable Cancellation fee. The Client hereby acknowledges and accepts the Cancellation fee to be reasonable.

6.3 Notwithstanding any provisions contained in this Agreement to the contrary Deposit are strictly non-refundable, save for any cancellations regardless of notice given occasioned by death or hospitalization of the Client in which case(s) the Deposit shall be refunded to the Client in full. Refund is subject thereto and the responsibility shall rest solely on the Client to provide the Strandloper with its banking details within 60 (SIXTY) business days from cancellation, alternatively to make or arrange another reservation, failing which, such failure shall be deemed and constitute an irrevocable consent and authority for the Strandloper to in its sole discretion either retain the monies paid to it as its property or to donate the monies paid to it to a charity of the Strandloper’s choice in the Client’s stead.

6.4 All Cancellations in terms of this clause 6 shall be reduced to writing and delivered to the Strandloper by email to strandlopers@mweb.co.za

7. Payment

7.1 The Strandloper accepts the following methods of payment: cash, bank guaranteed cheques and bank transfers (electronic funds transfer -EFT).

7.2 A Binding Reservation for groups with 10 (TEN) or more people shall become legally binding subject to the provisions of 4 above on receipt of FULL payment of the meal (“balance”) by no later than 48 (FOURTY EIGHT) hours prior to the reservation date. Proof of payment of both the Deposit and balance shall be sent via email to strandlopers@mweb.co.za in order for the Client to make a valid group reservation. Thus where the provisions of 4 above and this clause are not complied with, no legally binding group reservation exists or comes into existence between the Parties in terms of this Agreement.

7.3 Notwithstanding the provisions of this Agreement, where the Strandloper issues a verbal or written Acceptance or confirmation of the reservation and the Deposit is paid by the Client as set out in 4 above but payment of the balance has not been made in terms of this paragraph, the Strandloper is hereby authorised by the Client to deal with such as if it were a cancellation by the Client as one set out in 6.2 above.

7.4 No refunds will be given in respect of any of the customer’s guests that do not show up for the meal after payment has been made as set out in this clause.

8. Public Liability

The Strandloper does not and will not accept or admit any liability, whether as a direct or indirect result of their or their staff’s actions or omissions or for any damage, harm and/ or injury to any Client or its guest or any other visitor on or off the Strandloper’s business or restaurant premises, occurring before, during or after any period of stay at the Strandloper’s business or restaurant premises. The Client hereby indemnifies the Strandloper against any liability as set out herein in full.

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