WEBSITE TERMS AND CONDITIONS OF USE OF THIS WEBSITE AND/OR SERVICES OFFERED BY CITY LODGE HOTELS LIMITED
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.
2 CHANGE OF CONTROL
3 CREDIT FACILITY
4 PRICE, PAYMENT AND INTEREST
6 GOVERNING LAWS/JURISDICTION
TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND/OR THE SERVICES OFFERED VIA THIS WEBSITE BY CITY LODGE HOTELS LIMITED (“TERMS”)
City Lodge Hotels Limited (“City Lodge”, “Bid2Stay”, “we”, “us” or “our”), registration number 1986/002864/06, is committed to providing service of the highest standard to all who access the Bid2Stay website ("website"). These terms have therefore been prepared to inform you of the principles governing the use of this website and the terms on which Bid2Stay offers you access to our services.
Please read these terms carefully. By accessing or using computer software and/or material via this website, you (the “user” or “you”) agree to be bound by the terms contained herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use this website.
These terms apply to your use of this website and do not alter in any way the terms or conditions of any other agreement you may have with City Lodge, its subsidiaries or affiliates.
You represent and warrant that you are over the age of 18 and are lawfully able to accept these terms. If you are using the website on behalf of any entity, you further represent and warrant that you are authorised to accept these terms on such entity’s behalf, and that such entity agrees to indemnify City Lodge for violations of these terms.
A. GENERAL TERMS AND CONDITIONS OF THE WEBSITE
This website is owned by City Lodge and pertains only to auctions in respect of the Courtyard, City Lodge and Town Lodge Hotels. It is an auction website whereby a select number of rooms are put on auction for a specific period. Guests are however able to book the arrival and departure dates outside of the bid period however these rates will not be charged at the bid rate, they will be at the public rate.
City Lodge may at any time modify these terms and conditions and your continued use of the website will be subject to the terms and conditions in force at the time of your use. Accordingly we kindly request that you review these terms and conditions periodically as your continued access or use of the website shall be deemed to signify your acceptance of the amended terms and conditions.
City Lodge reserves the right at any time to change or discontinue, without notice, any aspect, feature or service offered by way of this website.
No opinions, information, data or content contained on the website shall be construed as advice and same are offered for information purposes only.
USE OF THE WEBSITE
The reservations feature of this website is provided solely to assist you with information about our hotels and to make legitimate reservations. You agree that the reservations facilities of this website shall be used only to make legitimate reservations and that abuse of this website may result in you being denied access to such facilities, at the sole discretion of City Lodge.
You are specifically prohibited from:
DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002
The required disclosures are displayed on this website and at www.clhg.com and are deemed to form part of these terms and conditions.
COPYRIGHT, INTELLECTUAL PROPERTY AND TRADEMARKS
The content on this website including all registered and unregistered trade marks, logos and other graphics, constitutes the intellectual property of City Lodge and all data and information communicated to or from the website remains the sole property of City Lodge and is protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions.
You may view, electronically copy and print portions of the website for your personal use and for purposes of making online reservations.
You may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the content, that being software and/or material. You may not use a City Lodge logo or other proprietary graphic of City Lodge to link to this website (or any other site) without our express written permission. Any such actions are strictly prohibited and constitute an unlawful infringement of our intellectual property rights.
The look and feel of the website (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.
Requests for permission regarding any issue relating to the content which fall into the ambit of the limitations stated above, including the use of metatags or any other HTML tags, comments or hidden text utilising "City Lodge" or any other name, trademark or product or service name of City Lodge, can be made by contacting the Bid2Stay contact person listed herein.
You are also strictly prohibited from creating works, and/or software materials derived from or which are based on the contents found on this website. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.
LINKS TO THIRD PARTY WEBSITES
The website may contain links to other websites carrying information produced by third parties. These links are not to be interpreted as constituting a relationship between City Lodge and such third party or as an endorsement by City Lodge of such third party, its products, services or the content of its website. No inference can be made or representation implied that City Lodge is connected with, operates or controls these linked web sites.
The use of or reliance on third party links is at your own risk and City Lodge shall not be held responsible or liable for the contents, use or inability to use or access any third party website or any links contained in any third party website.
Whether or not these linked sites are in fact affiliated with City Lodge, City Lodge is not responsible for the content on the aforesaid sites.
It is our intention to only send you email communications that will be useful to you and that you want to receive. When you create an account and/or make a reservation and provide your email address, we will periodically contact you via email 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 email service providers to send the aforesaid emails, these service providers are prohibited from using your email address for any purpose other than to send City Lodge related email.
Should you not wish to receive these e-mail communications, please send an e-mail to email@example.com.
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 purport to emanate from you and 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 attaching to City Lodge in regard thereto.
This website is provided "as is" and on an "is available" basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non- infringement, title, security and compatibility.
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.
City Lodge reserves the exclusive right to discontinue providing the website or the service or any aspect or feature of Bid2Stay without notice to you and City Lodge shall not be liable to you or any other person in respect of any loss or damage arising from the discontinuance of the service.
WARRANTIES, DISCLAIMER AND EXCLUSION OF LIABILITY
You undertake to conduct all dealings with City Lodge and other users of the website 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 and you agree that the use of the website is at your sole risk.
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.
City Lodge makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the website, its content and/or accuracy thereof, any services provided via this website 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 website will be uninterrupted or error free or that the errors will be corrected, or that the website 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 website, including any information provided thereon, services provided via this website; any viruses that may infect your computer or other property on account of your access to and/or use of the website; 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 website, 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 website and you indemnify and hold City Lodge harmless for any damage or loss caused by any such act.
Should you not wish us to use your personal information, please send an e-mail to firstname.lastname@example.org, however please be aware that this may mean that we are unable to allow you to use this website, make a reservation or make use of any of the services we offer.
SECURING THE TRANSMISSION AND STORAGE OF INFORMATION
The information provided by you will be treated as confidential, subject to City Lodge’s policies and procedures regarding the protection and use of confidential information.
When we ask you for credit card data, it is transferred over a Secured Sockets Layer (SSL) line, provided you are using a SSL enabled browser such as Microsoft Internet Explorer or Netscape Navigator. We also use SSL on other select pages where you would enter personal information.
This ensures that your information is encrypted as it travels over the Internet. This secure mode is enabled before any personal information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from "http" to "https."
Once information reaches City Lodge, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of City Lodge. As the laws relating to the securing of personal information vary by country, City Lodge may put additional measures in place.
Our website uses "cookie" technology. "Cookies" are encrypted strings of text that a website stores on a user's computer. Our website requires the use of a cookie throughout the online reservation process. Without cookies we will not be able to retain and store the information you enter on multiple pages. For example, unless City Lodge can remember the dates you used in your hotel search, we will not be able to check room availability. Cookies also enable us to customize our website and offerings to your needs and provide you with a better online experience on www.clhg.com.
In addition, cookies are used to:
Allow registered users to complete a booking without having to fill in the details each time; Measure usage of various pages on our website to enable us to make our information more pertinent to your needs and easy for you to access;
Provide functionality such as online reservations, transactions and other functionality that we believe would be of interest and value to you.
The types of cookies that we use are referred to as "session" cookies and "persistent" cookies.
Session cookies are temporary and are automatically deleted once you exit the website. Persistent cookies remain on your computer hard drive until you delete them. Cookies are not used to ascertain any personal information and cookies do not corrupt or damage your computer, programs, or computer files.
You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so will adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our website.
These terms and conditions shall be governed in all respects by the laws of the Republic of South Africa and all disputes, claims and other matters in connection with these website terms will be determined in accordance with such laws and in the Courts of South Africa who have jurisdiction to hear the matter.
These terms and conditions constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior oral and written agreements.
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.
No failure or delay on the part of City Lodge in exercising any right or remedy hereunder or enforcing these terms and conditions shall operate as a waiver thereof.
Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. If any provision should be held to be invalid, unenforceable or unlawful then it shall be severable from the rest and the remaining provisions shall continue in full force and effect.
Delay or failure to comply with or breach of any of these terms and conditions if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so failing, will not be deemed to be a breach of these terms and conditions nor will it subject either party to any liability to the other.
In the event that either party is prevented from carrying out its obligations in terms hereof by reason of force majeure lasting continuously for a period of 7 (seven) days, the parties will consult with each other regarding the future implementation of these terms and conditions. If no mutually acceptable arrangement is arrived at within a period of 7 (seven) days thereafter, City Lodge shall be entitled to terminate all of its rights and obligations in terms of or arising from these terms and conditions and/or any service forthwith on written notice.
B. RESERVATION TERMS AND CONDITIONS FOR ONLINE BOOKINGS
RATE INFORMATION AND AVAILABILITY
Rates on offer on this website are only available in respect of online bookings and provided that the correct spinning and bid procedure which is displayed on the website is correctly followed.
A select number of rooms at selected hotel for a specific date range are added to the bid2stay site periodically and these are the nights that can be bid for to receive a discount and/or other value added benefits. Should a guest wish to book for additional nights that are not part of the auction period, these nights will not be discounted at all.
The site does not allow guests to book on the bid2stay site if there is not a night on which they can bid included in the guests required stay, they will be asked to book this room on www.clhg.com and different rates will apply.
Guests are able to amend the dates so the arrival and/or departure dates fall outside of the bid period however these rates will not be charged at the bid rate, they will be at the walk in/standard rate published.
On bid2stay your spin options may give you 1 free breakfast, however this is not guaranteed. This means that for the duration of your stay at that hotel one (1) free breakfast will be granted for one (1) person on one (1) day during the standard operating hours of breakfast. You may be asked to sign for the breakfast but will not be charged for this one (1) breakfast. Any other food and beverages charges incurred will be for your own account.
On bid2stay your spin option could give you a beverage voucher, however this is not guaranteed. This means that for the duration of your stay, you are welcome to have beverages to this voucher value from the hotel sundowner bar. You will be asked to sign for the beverages and a credit to the value of the voucher will be passed on your room account. Any other food and beverages charges incurred will be for your own account.
None of the value added benefits (breakfast, beverage voucher or CLHG Rewards) will be refunded in cash or can be transferred in any way to a later date at the same or different hotel. These value added benefits must be enjoyed during the stay in which the bidded night(s) fall.
In order to benefit from the CLHG Rewards points that you could win when booking through Bid2Stay, you must be a CLHG Rewards member. While it is not required, we encourage you to Register a CLHG Rewards profile, or should you be an existing member, Log-in before continuing.
Any CLH Rewards Points that are awarded to you through the bid2stay website will be given to you on your CLHG Rewards Account 24 to 48 hours after your departure from the hotel. The points are awarded once off regardless of the length of your stay. For example, should you have won 50 points and your Bid2Stay booking was for 5 nights, you will receive 50 CLHG Reward Points for the 5 night stay in total.
Spins are limited to three spins per 24 hours, and once you start spinning you will not be able to return to the website for a 24 hour period.
If you do not select the first bid and choose to spin again, you will not be able to return to the previous deal. If you do not select the second bid, you will be able to bid again for a third option but will not be able to return to your first or second bids. You then have your third bid to accept or decline. You will not be able bid again for this hotel and date range for a further 24 hours.
Please note that it is not guaranteed that a spin will result in a booking or reservation. Only once a bid is accepted by you and is immediately paid for online is your reservation guaranteed.
Please make sure you have made your selections correctly, as bookings taking advantage of Bid2Stay discounts may not be modified, only cancelled.
Rates are nett and non-commissionable and include accommodation and tourism levy as well as VAT and do not include any meals, beverages or any other charges that you may incur during your stay at the hotel. You will be required to settle the outstanding amount with the hotel directly and any amendments to the original reservation resulting in changes to your accommodation charge will be processed according to the standard rate published on www.clhg.com.
RESERVATIONS ARE GUARANTEED
All reservations made on this site are paid in full at time of booking and are therefore guaranteed.
Bookings cancelled more than 48 hours of expected arrival will incur a 50% (fifty percent) cancellation charge and the balance will be refunded to the guest. To receive the refund the guest is required to send an email to the relevant hotel requesting the refund.
Bookings cancelled less than 48 hours of expected arrival will incur a 100% cancellation charge.
Reservations cannot be amended or changed for another date. A booking will need to be cancelled and rebooked as a new deal, subject to the availability online. Cancellation terms will apply as stated in the two clauses above.
You are expected to arrive at the stipulated hotel from 14:00 on day of arrival, check in day. Your room will be held until 11:00am the day following the arrival date.
Should you not have arrived to check in from 14:00 on day of arrival to 11:00AM the following day (20 hours) your room will be released and your reservation will be cancelled. You will forfeit your booking and money paid.
Should you expect to arrive after this stipulated period, please contact the hotel management and request this as special arrangement. While the hotel shall do its best to accommodate any changes you may require, it is not guaranteed that it shall do so.
TIME OF CHECK IN
At the time of check-in to the hotel you will be required to sign the front and back of the hotel registration card and you agree to be bound to the hotel’s terms and conditions of residence and conditions of entry.
ENDING A SESSION
You must sign out of the website once you have finished using the website. If you do not do this, unauthorised transactions may result, for which we will not be liable.
USER GENERATED CONTENT
Any notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted by you to the website via transmission by electronic mail or otherwise (“submissions”), shall be deemed to be and remain the exclusive property of City Lodge. The various forms of content, which are found on the website, shall be deemed to remain the exclusive property of City Lodge.
City Lodge has the right, but not the obligation to monitor and review submissions submitted by users. City Lodge shall not be responsible for any of the content of these messages.
City Lodge further reserves the right to delete, move or edit submissions that City Lodge, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any copyright or trademark laws or otherwise objectionable.
RULES OF CONDUCT FOR THE USER
The user agrees that they will not transmit submissions to City Lodge that:
Use any of the bulletin boards, chatrooms and other public areas found on the website (“forums”) for illegal purposes;
Are for purpose of spamming;
Restrict or inhibit any other user from using and enjoying the forums;
Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;
Violate the copyright, trademark or other Intellectual property rights of any other person by the submission of the content to City Lodge through the forums or other user generated content avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to City Lodge that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
Contain viruses or other harmful content; and
Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.
The user agrees that all submission become the exclusive property of City Lodge. The user agrees that they shall be solely liable for any damage resulting from any infringement of copyrights, trademarks and other proprietary rights or any other damages resulting from such a submission.
The general terms contained in the credit terms published on the City Lodge Hotels Limited (“CLHG”) website shall be applied to and must be read in conjunction with the terms below. Only International Air Transport Association (“IATA”) registered travel agencies (the “Customer”) shall, unless otherwise specifically agreed to in writing by CLHG, qualify to receive commission on the terms and conditions contained herein. CLHG reserves the right to, at any time, amend the qualifying criteria required for a travel agency to receive commission.
Commission on invoices paid in respect of accommodation only (excluding VAT and all levies) shall be subject to the following terms and conditions: