Accommodation with Sea & Mountain Views
Terms & Conditions
Acceptance of Terms
Mariner Guesthouse CC permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. Your use of any accommodation offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Mariner Guesthouse CC. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Mariner Guesthouse CC representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.
While Mariner Guesthouse CC takes reasonable measures to ensure that the contents of this Website are accurate and complete, Mariner Guesthouse CC makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. Mariner Guesthouse CC reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
Mariner Guesthouse CC will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Mariner Guesthouse CC also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. Mariner Guesthouse CC does not accept any responsibility for any errors or omissions on this Website.
YOU AGREE, AS A CONDITION OF YOUR OCCUPATION OF OR RESIDENCE AT THE ACCOMMODATION FACILITY, THAT THE ACCOMMODATION FACILITY AND THE OWNER, MANAGER AND/OR OPERATOR OF THE ACCOMMODATION FACILITY AND THEIR AFFILIATES AND RESPECTIVE EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY “THE ACCOMMODATION FACILITY “) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACCIDENT OR ANY INJURY OR DEATH OF ANY PERSON OR THE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PROPERTY, WHETHER ARISING FROM FIRE, THEFT OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE ACCOMMODATION FACILITY. YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNCONDITIONALLY INDEMNIFY AND AGREE TO HOLD HARMLESS THE ACCOMMODATION FACILITIES IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.
Please note there is a risk involved when leaving goods unattended, and should all goods be stored in a safe place. We will endeavor to ensure your personal safety and that of your property, we wish to make you aware that neither the employees, management not owners of Mariner Guesthouse CC will in any way be liable or responsible for any damage, loss, injury, or otherwise caused beyond our reasonable control, whilst you staying or eating on the premises. We wish to advise that management reserves entry to Mariner Guesthouse CC and we reserve the right to terminate entry or accommodation for any reason whatsoever.”
Mariner Guesthouse CC provides an accommodation facility of reputable standards clients should take note that Mariner Guesthouse CC can accept no liability if the premises being provided doesn’t adhere to their requirements expectations due to the following:
- extreme weather conditions preventing the client to use premises to its full potential;
- clients expecting a service and or premises other than as advertised on the official Website of Mariner Guesthouse CC;
- services or ancillary services for instance WI FI not being available due to any circumstances beyond Mariner Guesthouse’s CC reasonable control for instance brake down or interruption of service due to the responsibility of the service provider;
- any necessary; unplanned and urgent repair works needed to the room reserved. In all instance if such repair works are needed Mariner Guesthouse CC will accommodate the client by either providing alternative accommodate in the guesthouse or arranging accommodation in another guest house in the area of the same or better quality at no extra costs to the client;
- overbooking due to the mistake of the facility where online bookings are made alternatively clients staying for a longer period as initially arranged. In all instance when such overbooking or overstaying occurs Mariner Guesthouse CC will accommodate the client by either providing alternative accommodate in the guesthouse or arranging accommodation in another guest house in the area of the same or better quality at no extra costs to the client;
- clients being unreasonably demanding for instance expecting a quality of service or accommodation that an ordinary person wouldn’t reasonably expect in the instance;
- any other instances where the clients expectations have not been met if such circumstances were without the business reasonable control.
The rates advertised or communicated are inclusive of tourism levies, service charges, credit card fees, taxes and other similar third party charges unless otherwise communicated.
Child Policy and single/extra adults supplement
- An extra bed, mattress or baby cot can be added to any of the rooms on request (max 2 extra people per room) at no additional charge for children 10 years and younger. Children will be charged for breakfast.
- Mariner Guesthouse charges per person occupying a room. An additional amount is payable for extra people sleeping over. Please request a quote from reception.
- Single persons occupying a room will be charged the sharing-per person rate (half the sharing room rate), plus a single supplement per night.
Payment for any reservations or other services for which fees may be charged by Mariner Guesthouse CC shall be payable either on reservation (50% deposit) or on arrival or, where applicable, shall be debited to your account after departure. The guest is obliged to vacate their room and check-out by the time communicated to him by Mariner Guesthouse CC’s management. Failure to do so will render you liable for an additional night’s charge unless prior and alternative check-out arrangements have been made with Mariner Guesthouse CC.
You hereby agree that any reservation made by you via this Website constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act, No 25 of 2002 and that a binding agreement has been concluded between you and The Supplier of your choice authorising Mariner Guesthouse CC to deduct or debit your credit card for payments for services rendered. Your signature shall not be required for authorisation purposes.
GUESTS are required to produce the card used to pay any deposit together with a valid ID prior to check-in at Mariner Guesthouse CC.
Please Note: During periods of high demand Mariner Guesthouse CC may require full pre-payment. This would be non-refundable in the event of cancellation as set out below. Mariner Guesthouse CC will contact you should this be a requirement for your reservation.
Cancellations and Refunds
We may require a deposit up to 100% of the price to confirm the reservation if a booking is made within 7 days of arrival. We may impose a cancellation fee in the event of cancellation before date of arrival. The fee will depend on the nature of the reservation, the length of notice of cancellation before reservation date, the reasonable potential to find alternative clients for the reservation and the reason for cancellation. No refunds on deposits in the event of specialized services already ordered. In the event of cancellation due to the death or hospitalization person for whose benefit the reservation was made the full amount will be returned or, if so agreed between both parties, will be kept in credit to be utilized for a different date.
- Deposits and cancellation fees are calculated on the full booking value.
- A 50% deposit will be required to secure a booking.
- On receipt of a deposit a written Booking Confirmation / Receipt will be forwarded to the client.
- The balance of the booking value (50%) is to be paid prior to or on arrival.
- All major credit/debit cards, EFTs and cash are accepted, but regret no foreign currency can be processed. Banks require proof of “card present” for credit cards – a copy or imprint of the front
of all presented credit cards for payments of larger than R5000 will be requested, as well as a copy of your ID / Passport when settling with a credit card.
- Payment for additional meals and other incidentals to be made on the day of departure.
- A final Tax Invoice will be issued on the day of departure after all transactions have been completed.
- Mariner Guesthouse will retain the full deposit payment in the case of cancellations made within 7 days of arrival date, and in the case of “No Shows”.
- A 100% refund on deposits received will apply to bookings cancelled more than 7 days prior to arrival.
- Exceptions will be made for cancellations due to positive Covid-19 tests, in which case the deposit will be refunded or a credit will be given to be used for bookings at a later stage.
- After check-in, no refunds will be offered for shortened stays.
- Rates and tariffs include VAT @ 15%.
Conditions of Residence
- Check-out time on day of departure: 10am. Please make prior arrangements with the manager on duty if you anticipate a late check-out.
- Noise policy: Please consider other guests at all times and keep noise levels to a minimum.
- Smoking policy: Kindly note that NO SMOKING is allowed inside the house. Please make use of the balconies for this purpose and close balcony doors while smoking outside.
- Visitor’s policy: Guests are welcome to entertain visitors in the public areas of the Guesthouse but no visitors are allowed in the rooms. Visitors who want to stay over will be charged for.
- Safety & Security: We are thankful to live in a safe town and neighbourhood, but guests are
- requested to remove all items from their cars when parked outside. We are happy to keep luggage in our office. Please also lock balcony doors and garden gates when you leave the house to go out for the day.
- Eco-friendly and environmentally conscious: Please think twice before making use of the bath or the air-conditioner/heater in your room. Simon’s Town generally has moderate temperatures. This convenience is meant to offer comfort on the occasional VERY hot or cold days. Thank you for assisting us in our effort to use energy and our natural resources responsibly.
You warrant that you are duly authorised to sign for and bind all persons represented by you or for whom you are responsible (“your party”) to these conditions of residence and, failing such authority or regardless of billing instructions, you agree to be personally liable for all amounts arising from the occupation or residence of your party and yourself at Mariner Guesthouse CC.
You agree to pay not later than the time of departure (unless prior written arrangements have been made with Mariner Guesthouse CC’s management) the room rate as determined by Mariner Guesthouse CC for the period of residence, the costs of food, beverage and any other amounts relating to such residence together with VAT (if applicable), incurred by you and your party during your stay in Mariner Guesthouse CC. Periodic payments must be made if the account exceeds the credit limit designated by Mariner Guesthouse CC, and accounts are payable on presentation.
A certificate from Mariner Guesthouse CC’s manager prima facie shall constitute proof of your indebtedness and of the particulars therein for all purposes including any action instituted by Mariner Guesthouse CC against you.
You agree that after your departure, Mariner Guesthouse CC may retain goods left behind by you and authorise Mariner Guesthouse CC, after giving one month’s notice to the address registered by you of its intention to do so, to sell same, privately or publicly, at Mariner Guesthouse CC’s discretion at such price as Mariner Guesthouse CC may determine and offset the proceeds of such sale against your indebtedness or to hold such proceeds or part thereof for a period of three years pending any claims by you for those proceeds failing which they shall be deemed to have been forfeited to Mariner Guesthouse CC.
YOU HEREBY AGREE, AS A CONDITION OF YOUR OCCUPATION OF OR RESIDENCE AT MARINER GUESTHOUSE CC, THAT MARINER GUESTHOUSE CC AND THE OWNER, MANAGER AND/OR OPERATOR OF MARINER GUESTHOUSE CC AND THEIR AFFILIATES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY “THE SUPPLIER “) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACCIDENT OR ANY INJURY OR DEATH OF ANY PERSON OR THE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PROPERTY, WHETHER ARISING FROM FIRE, THEFT OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE SUPPLIER. YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNCONDITIONALLY INDEMNIFY AND AGREE TO HOLD HARMLESS THE SUPPLIERS IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and Mariner Guesthouse CC is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Mariner Guesthouse CC has no control over such external sites and resources, you acknowledge and agree that Mariner Guesthouse CC is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.
Limitation of Liability
MARINER GUESTHOUSE CC SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF MARINER GUESTHOUSE CC.
YOU HEREBY INDEMNIFY MARINER GUESTHOUSE CC AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM MARINER GUESTHOUSE CC OR ONE THAT PURPORTS TO EMANATE FROM MARINER GUESTHOUSE CC, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF MARINER GUESTHOUSE CC.
Changes to these Terms and Conditions
Mariner Guesthouse CC reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Mariner Guesthouse CC may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that Mariner Guesthouse CC will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your 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 the terms and conditions pertaining to such services.
Furthermore, if any marketing emails or sms’s are sent to consumers they must be given the opportunity to opt out or option to cancel and when sending these data messages, the identifying particulars of the source from which the consumers personal info was obtained, must be supplied.
All the information (“personal information) supplied by you voluntarily or mandatory will be recorded and processed regardless of form or medium in which the information was supplied. Mariner Guesthouse CC has a strong commitment to providing excellent service to all of our customers, including respecting concerns about privacy. Mariner Guesthouse CC will explicitly ask when we need information
that personally identifies you or allows us to contact you. If you are under 18 years of age(minor), we will require the consent of your parent/guardian/competent person before we will process the personal information of the minor, unless it is in the public interest.
We will process the following information: Name, email address, Phone number, address.
Generally personal information is requested when making bookings. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Should you supply false and/or incorrect information we may reserve the right to cancel your bookings and/or to not accept your booking.
The purposes for which Mariner Guesthouse CC will use your personal information are as follows: to transact with you via sms, telephone, facebook, skype, twitter, postal address, website or email regarding reservations/bookings, to provide services/products to you; to inform you of new features, services, special offers and products (provided you have not declined to receiving such marketing material); to enable us to process, validate and verify reservations/bookings and requests for services or goods and for the purposes for which you specifically provided the information; to improve your experience on our website(if any).
Mariner Guesthouse CC shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Mariner Guesthouse CC; (b) to protect and defend the rights or property of Mariner Guesthouse CC, and (c) for the purposes of distributing same to various employees and/or third parties who assist Mariner Guesthouse CC in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you.
We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
WHILST MARINER GUESTHOUSE CC IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION BEYOND THE REASONABLE CONTROL OF MARINER GUESTHOUSE CC.
Mariner Guesthouse will:
- treat your personal information as strictly confidential;
- take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
- upon your request, promptly return, destroy, rectify any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, for historical, statistical, research purposes or you consent to us retaining such information for a longer period.
You have the right at any time to rectify the Personal Information collected, object to the processing of Personal Information (subject to legislation) and to lodge a complaint at the Information Regulator.
The Personal Information processed by the supplier will not be transferred to a third country or International organization.
All enquiries must be addressed to the information officer.