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Terms and Conditions

GENERAL
These Terms and Conditions ("Terms"), including any revised terms that we may post from time to time, state the terms and conditions under which we provide you with various services on www.oneandonlyresorts.com website (the "Site"), owned and operated by Kerzner International Resorts, Inc. on behalf of its affiliated companies, including One & Only Resorts Limited and its affiliated One&Only resorts including (collectively "One & Onlyf", "us" or "we"). These Terms (which also incorporate our Privacy Policy are a legally binding agreement between you and One & Only and govern your use of this Site as well as all accommodations, transportation, services and activities included in the Resort stays described on our Site ("Services"). BY ACCESSING, BROWSING, AND/OR USING OUR SITE AND/OR SERVICES ON THE WEBSITE AND/OR BY MAKING A CONFIRMED RESERVATION ON OUR SITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, WHILST USING OUR SITE, SERVICES AND DURING YOUR STAY. We may make changes to these Terms from time to time in our sole discretion. Each time changes are made to these Terms, a revised set of Terms will be posted on the home page. Please check them regularly to take notice of any changes. If you have made a booking, we will provide you with an updated copy of the Terms on your arrival at the Resort. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. These Terms do not in any way alter the terms or conditions of any other agreement you may have with us, our subsidiaries or affiliates.

In addition please note:

  • All rates are per room per night and are quoted in South African Rand (ZAR), and are subject to change without notice.
  • Rates include Value Added Tax at 14%.
  • Rates include breakfast daily in Reuben's (breakfast charge is non-refundable). Additional charges apply for breakfast consumed in the room.
  • Rates exclude R40 Tourism Levy per room per night (subject to change).
  • One&Only Cape Town reserves the right, in the event of new taxes being imposed, to introduce these in accordance with South African Law.
  • Failure to comply with any prepayment requirements by the due date will result in an automatic release of the booking.
  • Early Check-In and Late Check-Out charged at 100% (Standard Check-In: 2pm and Check-Out: 11am).
  • Please contact the Groups and Events Department for group enquiries (10 rooms or more) on email: Groupsandevents@oneandonlycapetown.com.
  • Additional Terms may apply for bookings of between 5 – 9 rooms.
  • Rates are not applicable to group bookings (10 rooms or more).
  • Please contact the Groups and Events Department for group enquiries (10 rooms or more) on email: Groupsandevents@oneandonlycapetown.com.
  • Reservations, amendments and cancellations should be sent to the Hotel’s Reservation Team using contact details: reservations@oneandonlycapetown.com or Telephone +27 21 431 5888.
OUR PRIVACY POLICY:
The information that we obtain through your use of our Site, whether through the reservation process or otherwise, is subject to the privacy policy posted on our Site ("Privacy Policy"). Our Privacy Policy contains the provisions that govern our collection, use and disclosure of the information you provide to us, including our respective rights relative to that information. By using our Site and/or providing us with your personal information, you consent to such processing. Our Privacy Policy is incorporated into and subject to these Terms. Please review our Privacy Policy before you use our Site and/or Services. If you are unwilling to accept the provisions of our Privacy Policy, please do not use our Site and/or Services. Any communication or information transmitted by you to us by electronic mail or otherwise will be treated as non-proprietary and non-confidential, except where stated otherwise.

TRAVEL AGENTS - PASSWORDS AND SECURITY:
A travel agent account is required to access certain portions of the Site and/or Services and may be accessed and used only by those authorized persons who are registered with us. To open a travel agent account, you must be a travel agent and complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. In registering for such services, you agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable. Should we suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right, but not the obligation, to suspend or terminate your access to the Site and/or use of the Services and/or seek updated information from you. You are solely responsible for any and all activities that occur under your travel agent account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Site and the computer system you are using to prevent unauthorized access to your account by others.

You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you.

GUARANTEE POLICY:
A valid credit card is required at the time of booking to receive a guaranteed reservation confirmation. For guaranteed reservations, rooms are held until the Resort check-out time the day following arrival.

TOURISM LEVY:
Room Rate excludes South African Tourism Levy of R40.00 per room per night which will be charged upon check out. Room rates includes 14% VAT. All fees are subject to change at any time without notice.

IMPORTANT NOTE: CURRENCY CONVERSIONS:
Please note that the currency conversions shown on the Site are for comparison purposes only. Hotel bookings will be made in the local currency originally displayed for the relevant hotel and the actual currency conversion rate will vary from time to time. The currency rates used are compiled from a variety of public sources and are only updated on a daily basis. Any reliance upon the currency rates provided is at your own risk and KIRI accepts no responsibility for any adverse consequences.

BOOKING OPTIONS:
If you would like to book multiple rooms, please make sure to use a different name for each room, otherwise the duplicate name reservation may be cancelled by the Resort. A maximum of 4 rooms can be reserved through the website, a request between 5 and 9 rooms can be made via the reservation department at a request exceeding 9 rooms will be considered as a group request and should be made via a regional sales office and group rates would be applicable. Groupsandevents@oneandonlycapetown.com or at +27 431 5800

REVISIONS:
A change in the length of stay or dates of your reservation is subject to availability and may result in a rate change.

PAYMENT POLICY:

2014

22 April 2014 - 25 September 2014
• A valid method of guarantee is required at time of booking
• 7 days prior to arrival, bookings must be fully pre-paid

26 September 2014 – 19 December 2014
• A valid method of guarantee is required at time of booking
• 7 days prior to arrival, bookings must be fully pre-paid

20 December 2014 - 04 January 2015
• A valid method of guarantee is required at time of booking
• Initial deposit equal to 1 night's accommodation to be paid by 30 June 2014
• 60 days prior to arrival, bookings must be fully pre-paid

2015

05 January 2015 – 07 February 2015
• A valid method of guarantee is required at time of booking
• 7 days prior to arrival, bookings must be fully pre-paid

08 February 2015 – 11 February 2015
• A valid method of guarantee is required at time of booking
• Full pre-payment will be required 60 days prior to arrival

12 February 2015 – 18 December 2015
• A valid method of guarantee is required at time of booking
• 7 days prior to arrival, bookings must be fully pre-paid

19 December 2015 - 03 January 2016
• A valid method of guarantee is required at time of booking
• Initial deposit equal to 1 night's accommodation to be paid by 30 June 2015
• 60 days prior to arrival, bookings must be fully pre-paid

Applicable to the Presidential Suite and the Table Mountain Suite
• Full prepayment is required within 24hrs of reservation

CANCELLATION POLICY:
The resort must be notified of cancellations and reductions in rooms as early as possible, however, no later than specified below:

2014

22 April 2014 - 25 September 2014
• In case of a no-show or cancellation 7 - 0 days prior to arrival, cancellation penalty charge amounting to 100% of total room charge will apply

26 September 2014 – 19 December 2014
• In case of a no-show or cancellation 7 - 0 days prior to arrival, cancellation penalty charge amounting to 100% of total room charge will apply
• Early departures and date amendments will be charged in full
• In case of a no show or cancellation prior to arrival, will require guarantee and payment within 24 hours of reservation. Any cancellation thereafter will be charged in full

20 December 2014 - 04 January 2015
• In case of a no-show or cancellation 7 - 0 days prior to arrival, cancellation penalty charge amounting to 100% of total room charge will apply
• Early departures and date amendments will be charged in full

2015

05 January 2015 – 07 February 2015
• In case of a no show or cancellation 7 – 0 days prior to arrival, cancellation penalty charge amounting to 100% of total room charge will apply
• Early Departures and date amendments will be charged in full
• In case of a no show or cancellation prior to arrival, will require guarantee and payment within 24 hours of reservation. Any cancellation thereafter will be charged in full

08 February 2015 – 11 February 2015
• In case of a no show or cancellation within 30 days prior to arrival, cancellation penalty charge amounting to 100% of total room charge will apply
• Reservations made within 7 days prior to arrival, will require guarantee and payment within 24 hours of reservation. Any cancellation thereafter will be charged in full
• Early Departures and date amendments will be charged in full

12 February 2015 – 18 December 2015
• In case of a no show or cancellation 7 – 0 days prior to arrival, cancellation penalty charge amounting to 100% of total room charge will apply
• Reservations made within 7 days prior to arrival, will require guarantee and payment within 24 hours of reservation. Any cancellation thereafter will be charged in full
• Early Departures and date amendments will be charged in full

19 December 2015 – 03 January 2016
• In case of a no-show or cancellation within 60 days prior to arrival, cancellation penalty charge amounting to 100% of total room charge will apply
• Early Departures and date amendments will be charged in full


Applicable to the Presidential Suite and the Table Mountain Suite
• 100% Cancellation fees are applicable to this booking
• Early Departures and date amendments will be charged in full

In case of shortened length of stay, the cancellation policy will apply for the cancelled nights

MINIMUM STAY POLICY:

20 December 2014 - 04 January 2015
• Minimum 3 night stay required 20th December 2014 until 04th January 2015 (inclusive of both dates).

08 February 2015 - 11 February 2015
• Minimum 4 night stay

19 December 2015 – 03 January 2016
• Minimum 3 night stay required 19th – 31st December 2015 (inclusive of both dates)

One&Only Cape Town reserves the right not to provide exemptions from its cancellation policy for medical matters or any other unforeseen circumstances.

To avoid disappointment it is recommend to purchase adequate travel insurance prior to confirming a reservation and accepting the terms and conditions of the One&Only Cape Town's cancellation policy.

Early departures or cancellations due to inclement weather conditions are fully chargeable.

NO SHOWS:
In the event of a no-show (i.e. if you neither use nor cancel your reservation), a fee equivalent to the value of the entire stay will be levied.

VISA:
An entry visa is required by certain nationalities or in certain circumstances. For further assistance on visa processing, please visit www.southafrica.info/travel/documents, or call the South Africa Consulate-General in your country of residence. We will not accept any responsibility should a visa be refused or delayed. Please be advised that Foreign Nationals are required to travel with a valid passport and two (2) blank "Visa" pages. Some foreign passports have blank pages at the back without the "Visa" header printed. Please be advised that these pages are not acceptable for travel to South Africa.

PASSPORT:
Please note that your passport must have at least 2 blank pages for the entry stamp, not including the ‘endorsement’ page at the back. Passengers who require a visa must have two blank pages next to each other, one for the visa and one for the entry stamp. Anyone attempting to enter South Africa without the required pages will be returned to their country of origin.

TRAVELLING WITH CHILDREN UNDER 18, EFFECTIVE 01 OCTOBER 2014:
If parents are travelling with a child/children under 18 years old, each applicable child will require a full unabridged birth certificate detailing the parents of the child, in order to gain entry into South Africa. This is irrespective of whether a visa was required for your travel to South Africa. If only one parent is travelling with a child under 18 years of age additional documentation will be required. Please contact your Travel Agent or refer to http://www.dha.gov.za/ for additional information regarding the requirements to avoid being denied access to South Africa

BIOMETRIC VISAS, EFFECTIVE 01 OCTOBER 2014:
Requirements for visitor’s visas differ from country to country (visit www.dha.gov.za/index.php/immigration-services/exempt-countries to see which countries are currently exempt), and the requirements are subject to change. As each application is treated as an individual case please make enquiries with your Travel Agent, nearest South African mission, consulate abroad or any office of the Department of Home Affairs to see whether or not you are required to apply for a visa and the requirements.

CHECK-IN TIMES:
Check-in time is 14:00 hours on the day of your scheduled arrival. Early check-in is guaranteed for rooms reserved one night prior to the scheduled date of arrival.

CHECK-OUT TIMES:
Check-out time is 11:00 hours on the day of your scheduled departure. Late check-out is guaranteed for rooms reserved and paid for, for an additional night.

EXTRA PERSON POLICY:
An additional R500.00 for persons over the age of twelve, sharing with two adults will apply.

OF OUR SITE AND PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS:
The contents of our Site are intended for the personal use of users of this Site. All right, title, and interest to the content contained in our Site, including but not limited to the Site's look and feel, data, information, databases, text, graphics, images, sound or video materials, photographs, designs, logos, names, trademarks, service marks, trade names, URLs, computer codes, and content provided by third parties ("Materials"), are owned by us or our licensors, and are protected by copyright, database, trademark, patent or other intellectual property rights and laws. You must not:

* use any Materials in any way other than is incidental to your use of our Site in accordance with these Terms;
* except as expressly authorized by us, copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license or reverse engineer any Materials or create derivative works based on the Site or any Materials (including, without limitation, any software) available through the Site;
* set links to our Site without our prior permission; or use our trademarks, logos or other proprietary graphics to link to this Site, or frame the Materials, without prior written permission.

You may print off one copy, and may download extracts, of any page(s) from this Site for your own personal use only, provided you keep intact all and any copyright and proprietary notices. Any other use of the contents of this Site is not allowed, unless we have provided you with our prior written permission. Except as expressly provided in these Terms, nothing contained herein or on this Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.

YOU AGREE NOT TO USE OUR SITE TO:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose; Use any robot, scraper, spider, other automatic device or manual process to monitor or copy any information or content contained in the Site without our prior express written permission; Systematically retrieve data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission; Attempt any unauthorized access to or interference with any part or component of the Site or any software used in the provision of our Site; Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; Violate any law (whether local, state, national, or international), whether or not intentionally; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; Collect or store personal data about other users, including collecting usernames, e-mail addresses, or other personally information of members; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; To cause the whole or part of the Site to be interrupted, damages rendered less efficient or to impair the effectiveness or functionality of the Site in any way If we believe that anyone has violated this provision or any other provision of these Terms or otherwise violated the law, we retain the right to investigate, disclose such activities and/or possible violations to the appropriate authorities and/ or pursue legal action against such person. We also reserve the right, without notice and in our sole discretion, to terminate your account and/or to block your use of the Site. We will not be liable to you or any third party for termination or suspension of the Site.

LINKS TO OTHER WEBSITES:
Our Site may include links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websites.

YOUR CONTACT WITH ADVERTISERS OR THIRD PARTY VENDORS:
Your dealings with advertisers and third party vendors found on our Site or through our Services, including your participation in promotions, the purchase of goods, services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services which may be obtained from such third parties or any third party website you may access, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site.

COMPLIANCE WITH LAWS:
You agree to comply with all applicable laws regarding your use of our Site.

MODIFICATION TO OUR SERVICES:
We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our Site and/or Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our Services.

INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES: BY USING OUR SITE AND/OR SERVICES YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW:

* YOUR USE OF OUR SITE AND/OR SERVICES IS AT YOUR SOLE RISK; WHILST WE TAKE ALL REASONABLE CARE IN THE CREATION, SELECTION AND ASSEMBLY OF THE MATERIAL ON OUR SITE AND AS PART OF OUR SERVICES, OUR SITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
* WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITE AND/OR SERVICES WILL MEET YOUR NEEDS; AND
* THAT ANY MATERIAL OBTAINED BY YOU THROUGH USE OF OUR SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM OBTAINING THE MATERIAL.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE AND/OR SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

LIMITATION OF LIABILITY :
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SITE AND/OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR OUR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE AND/OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION:
You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents immediately on demand harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your breach of these Terms, (b) the infringement by you of any intellectual property or other right of any person or entity, or (c) any other liabilities arising out of your use of this Site.

LIMITATION OF ACTIONS BROUGHT AGAINST US:
You agree that any claim or cause of action arising out of your use of our Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision. If any provision of these Terms is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

ASSIGNMENT:
We may assign our rights and obligations under these Terms, and upon such assignment we shall be relieved of any further obligation hereunder. If you have any questions, please contact us here: reservations@oneandonlycapetown.com

Effective Date: April 10, 2013
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