Professional Documents
Culture Documents
And
The terms and conditions of this Contract apply for the booking of the Conference and Accommodation for
the period of 18 19 October 2013, with the booking reference number :356122, in respect of the pro forma
invoice amount R53887.80
1.
CONFIRMATION:
To confirm the booking of Reference Number : 356122, the Client will return this Contract duly signed to
the Supplier by hand delivery, or telefax transmission or e-mail, within 72 (Seventy Two) hours of the
request for the booking having been made. If this Contract is not duly received (bearing the signature
on behalf of the Supplier and with each page initialled), the conference facilities and/or rooms will be
released back into the Suppliers inventory.
2.
CONFIRMATION OF NUMBERS:
The Client must in writing confirm with the Supplier the final number of delegates by no later than
16H00 on the 20/09/2013. If the final number of delegates is reduced by more than 10 % (Ten Percent),
the Client shall be liable to pay for 90 % (Ninety Percent) of the numbers originally booked.
3.
4.
ROOMING LISTS:
All rooming lists must be furnished by the Client to the Supplier, by telefax or by e-mail, at least 72
(Seventy Two) hours before the group arrival.
5.
6.
FUNCTION SHEETS:
All function sheets must be signed and returned by the Client to the Supplier by telefax, no later than 72
(Seventy Two) hours prior to the date of arrival. The Supplier shall bear no responsibility for any
inconvenience or prejudice to the Client, arising during the course of the conference/function, as a result
of the Clients failure to return and/or sign the function sheets.
7.
GRATUITY:
In accordance with hotel custom, an optional 10 % (Ten Percent) gratuity may be paid by the Client in
respect of the final account.
8.
PRE-PAYMENT:
8.1. The Client shall be liable to pay the sum of R53 887.80, being the full amount due in terms of the
pro-forma invoice, which shall have cleared into the Suppliers bank account before 16H00 on the
16/08/2013. Proof of the aforementioned payment must be received by the Supplier before the
close of business on this date. The Suppliers bank account details are as follows:
Bank
Account Number
Account Name
Branch Code
Reference
8.2. Where credit facilities are sought by the Client, such credit facilities must be applied for and
correctly authorised by the Supplier in writing. The balance of a bill arising from a booking subject
to credit facilities shall be due immediately upon presentation of the final invoice.
8.3. These payment terms are non-negotiable and subject to the Suppliers cancellation policy.
9.
CANCELLATION / POSTPONEMENT:
9.1. The Client shall not be permitted to cancel or postpone the booking of reference number : : 356122.
9.2. If any attempt is made to cancel or postpone the booking of reference number : 356122 the full
amount owing in terms of this contract shall be forfeited as a cancellation fee.
9.3. In the event that an attempt is made to cancel or postpone the booking of reference number :
356122 and the prepayment referred to 8.1 above has not been received as cleared funds into the
Suppliers bank account the full amount sue in terms of this contract shall immediately become due
and payable and the Client undertakes to make payment of this amount in cleared funds into the
Suppliers bank account immediately against presentation of the Suppliers invoice.
11.2. The Supplier does not accept any responsibility for any losses, damage or inconvenience caused
to the Client due to, but not limited to, power or municipal water failures, force majeure, Acts of
God or any other cause not reasonably within the Suppliers control.
11.3. The Supplier reserves the right to change the venue without prior notification should the
attendance numbers fluctuate or decrease.
11.4. The Supplier reserves the right to change the venue according to the weather on the day of
arrival.
11.5. The Supplier reserves the right, at any time, to move the Client to an alternative hotel or
premises of similar standard in the area at no extra charge to the Client.
11.6. The Supplier strives to improve its facilities on an ongoing basis and consequently
refurbishments and/or building operations can be expected from time to time. Every effort will be
taken to ensure no inconvenience is cause to guests. The Supplier shall however not be liable
to the Client for any inconvenience, damage or loss caused by such refurbishments and/or
building operations, on the terms of clause 11.1 above.
11.7. The Client agrees that the cost to the Supplier of all damage or loss caused by the Client, the
Clients employees, Clients guests and/or invitees, in respect of the venue, cutlery, crockery,
linen and furniture, will be charged directly to the Client.
12. COMMERCIAL TERMS:
12.1. The Supplier reserves the right to, at any time, to increase its prices (whether quoted or in terms
of prevailing price lists) without prior notification to the Client.
12.2. The Client accepts liability for all extras not covered in the pro-forma invoice (e.g. laundry, bar,
telephone, etc.) and shall settle these prior to departure. The Client will be liable for payment of
all outstanding amounts immediately upon demand. The prices of extras shall be in terms of the
Suppliers prevailing price list, subject to clause 12.1 above.
12.3. The Client accepts that it is liable for the whole outstanding amount due to the Supplier, even if
the booking is done through an agent.
12.4. Payment shall be made by the Client to the Supplier in terms of clause 8 above or, where credit
facilities have been provided, immediately upon presentation by the Supplier to the Client of the
Suppliers final invoice.
12.5. Payment shall be made by bank deposit or electronic funds transfer into the bank account of the
Supplier. The Supplier may in its sole discretion accept any other method of payment from the
Client, including payment by way of Credit Card.
12.6. The Supplier may in its sole discretion require the Client to provide a Credit Card authorisation as
a pre-condition for any booking.
12.7. All payments to be made by the Client to the Supplier shall be made free of bank charge or
commission, without deduction, demand or set-off, in the currency of the Republic of South
Africa, unless agreed otherwise by the Supplier in writing.
12.8. The Supplier shall charge interest on any overdue amount/s at a rate of 2 % (Two Percent) per
annum above the ruling prime interest rate.
12.9. Any credit facilities granted by the Supplier to the Client may be withdrawn at any time by the
Supplier upon written notice to the Client, in the sole discretion of the Supplier and for any reason
whatsoever, whereupon all future bookings shall be strictly on a pre-payment basis.
12.10. A certificate under the hand of any director and/or manager of the Supplier (his designation need
not be proved) as to the existence and amount of any indebtedness of the Client to the Supplier
shall be prima facie proof of the contents and correctness thereof.
12.11. In the event of the Supplier having to enforce any of its rights against the Client, the Client
agrees to be liable for the attorney and own client costs incurred by the Supplier, including
collection commission and tracing agents charges.
12.12. The parties hereby consent, in terms of Section 45 of the Magistrates Act, No. 32 of 1944, to the
jurisdiction of any Magistrates Court having jurisdiction, notwithstanding that any proceedings
would otherwise be beyond the jurisdiction of such Court.
12.13. In the event of any default on the part of the Client in respect of the payment of any amount/s
which is due to the Supplier, the Client hereby consents and authorises the Supplier to furnish
the name, credit record and repayment history of the Client to any Credit Bureau as a delinquent
debtor.
12.14. The Client hereby selects as its chosen domicilium citandi et executandi for all purposes arising
out of this Contract its physical address as follows:
_____________________________________________________________________________
12.15. The Supplier may cede and/or assign any of its rights and/or obligations in terms of this Contract
to any third party, with the Client hereby giving its prior consent thereto.
12.16. This Contract shall represent the entire agreement between the Supplier and the Client in
respect of the subject matter hereof and no alternations and/or additions shall be of any force
and/or effect unless agreed to by both parties, reduced to writing and signed by the Supplier and
the Client. This clause shall be read subject to clauses 10.5 and 12.1 above.
12.17. No indulgence, extension of time, relaxation or latitude which the Supplier may allow to the Client
shall constitute a waiver by the Supplier of any of its rights, nor act as an estoppel against the
Supplier in respect of any of its rights and/or remedies.
12.18. This Contract shall in all respects be governed by and construed in accordance with the laws of
the Republic of South Africa.
CLIENT
I, the undersigned ____________________________________________________________ [print name],
hereby warrant that I am duly authorised to make and sign this Contract and that any information provided
on behalf of the Client is correct. I further acknowledge that by signing this Contract, the Client is legally
bound by the terms and conditions as set out in this Contract.
Signed: ____________________________
Date: _____________
Designation: ________________________
SUPPLIER
I, the undersigned ____________________________________________________________ [print name],
acknowledge that I am the duly authorised representative of the Supplier and am authorised to sign this
Contract.
Signed: ____________________________
Date: _____________
Designation: ________________________
PAYMENT BY CREDIT CARD:
I, [Name on Card] _______________________________________________________________________
authorise Misty Hills Country Hotel, Conference Centre & Spa to debit my Credit Card Number:
_________________________________________________________ Expiry Date: __________________
CVC: _________________________.
Signed: __________________________
Date: ____________