reservation agreement 2013

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Initials: _________________________ BIRCHWOOD HOTEL & OR TAMBO CONFERENCE CENTRE The following terms and conditions shall apply to reservation number : _________ which will be held at the Birchwood Hotel & OR Tambo Conference Centre on the: _________________________ 1. DEFINITIONS 1.1 CLIENT means: 1.1.1 Name: ______________________________________________ Registration Number / Identity Number: ______________________________________________________ Tick one: □ Sole Trader □ Partnership □ Close Corporation □ (Pty) Limited □ Limited □ Other (give details ___ _____________________________________________________) Email address : _______________________________________ Facsimile Number : ___________________________________ Cellphone Number : _________________________________ Landline Number : ___________________________________ Physical Address : ______________________________________________________ (At which address the CLIENT chooses domicilium citandi et executandi for all purposes herein) 1.1.2 VAT Registration Number: ____________________________ 1.2 BIRCHWOOD means The Birchwood Management Company (Pty) Limited trading as Birchwood Hotel & OR Tambo Conference Centre. 1.3 PRICE means the amount quoted in annexure A hereto. 1.4 RESERVATION DATE means the date upon which the Reservation Event will be rendered in accordance with annexure “A” hereto. 1.5 RESERVATION EVENT means the event for which the reservation is made, for the Reservation Date, as detailed on the quotation, which is attached hereto marked Annexure “A”. 1.6 DELEGATE means any person attending the RESERVATION EVENT whether as a member, guest, participant or presenter of the CLIENT. 1.7 PARTIES means CLIENT and BIRCHWOOD.

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Page 1: Reservation Agreement 2013

Initials: _________________________

BIRCHWOOD HOTEL & OR TAMBO CONFERENCE CENTRE The following terms and conditions shall apply to reservation number : _________ which will be held at the Birchwood Hotel & OR Tambo Conference Centre on the: _________________________ 1. DEFINITIONS

1.1 CLIENT means:

1.1.1 Name: ______________________________________________

Registration Number / Identity Number:

______________________________________________________

Tick one:

□ Sole Trader □ Partnership □ Close Corporation

□ (Pty) Limited □ Limited □ Other (give details ___

_____________________________________________________)

Email address : _______________________________________

Facsimile Number : ___________________________________

Cellphone Number : _________________________________

Landline Number : ___________________________________

Physical Address :

______________________________________________________

(At which address the CLIENT chooses domicilium citandi et

executandi for all purposes herein)

1.1.2 VAT Registration Number: ____________________________

1.2 BIRCHWOOD means The Birchwood Management Company (Pty) Limited trading as Birchwood Hotel & OR Tambo Conference Centre.

1.3 PRICE means the amount quoted in annexure A hereto.

1.4 RESERVATION DATE means the date upon which the Reservation Event will

be rendered in accordance with annexure “A” hereto.

1.5 RESERVATION EVENT means the event for which the reservation is made, for the Reservation Date, as detailed on the quotation, which is attached hereto marked Annexure “A”.

1.6 DELEGATE means any person attending the RESERVATION EVENT whether

as a member, guest, participant or presenter of the CLIENT.

1.7 PARTIES means CLIENT and BIRCHWOOD.

Page 2: Reservation Agreement 2013

Initials: _________________________

1.8 The DEPOSIT, which is a non refundable deposit, means 50% (fifty percent)

of the PRICE.

1.9 SURETY means ____________________________________________ I.D. Number

_______________________________________________ alternatively the person

signing this Agreement on behalf of the CLIENT.

2. PAYMENT

2.1 Payment of the PRICE shall be affected as follows:

2.1.1 The DEPOSIT is to be paid by way of deposit on signature of this

agreement.

2.1.2 The balance of the PRICE is to be paid prior to commencement of

the event and\or the arrival of its delegates.

2.1.3 All payments are to be affected into Birchwood’s Account, the

details of which are as follows:

Account Name: Birchwood Management Company

Bank: First National Bank

Branch: Wierda Valley

Branch Code: 260950

Account Number: 51321186037

Swift Code: FIRNZAJJ

2.2 The CLIENT accepts responsibility for and undertakes to make payment in

full for all additional charges and/or expenses incurred by it or any

DELEGATE in respect of Accommodation, Services and/or the

consumption of Food, Beverages and/or Liquor, during the RESERVATION

EVENT prior to departure or otherwise as agreed to in writing between the

PARTIES.

2.3 CLIENT shall be liable and will make payment for all Accommodation and

Services for which a reservation has been made, irrespective of whether

use was made thereof.

Page 3: Reservation Agreement 2013

Initials: _________________________

3. CANCELLATION OF RESERVATION EVENT ALTERNATIVELY CANCELLATION OF

RESERVATION DATE

3.1 By CLIENT, with the full knowledge that the binding agreement exists

between the client and Birchwood, this agreement shall be capable of

cancellation by the CLIENT only in the following circumstances:

3.1.1 The reason for the cancellation is deemed by Birchwood to be

reasonable.

3.1.2 The notice of cancellation is affected in writing.

3.1.3 CLIENT shall be liable for payment and shall make payment

immediately for all charges relating to cancellation calculated as

follows:

3.1.3.1 50% of the PRICE if cancelled not less than sixty (60)

days prior to the RESERVATION DATE;

3.1.3.2 100% of the PRICE if cancelled less than sixty (60) days

prior to the RESERVATION DATE.

3.1.4 The cancellation charges as described above shall be deemed to

be roukoop and/or the agreed pre-estimation of the damages

sustained by BIRCHWOOD as a result of the cancellation, and

BIRCHWOOD shall be entitled to deduct same from the DEPOSIT

being held by BIRCHWOOD.

3.2 By BIRCHWOOD

3.2.1 BIRCHWOOD shall be entitled to cancel the RESERVATION EVENT

without incurring any liability in the event that:

3.2.1.1 Payment of the PRICE or any portion thereof, is not

affected by the CLIENT strictly and/or on due date.

3.2.1.2 The venue has been damaged or in some other way

rendered, in the opinion of BIRCHWOOD, not suitable

for use.

3.2.1.3 BIRCHWOOD experiences labour unrest.

Page 4: Reservation Agreement 2013

Initials: _________________________

3.2.1.4 For any other reason which in the opinion of

BIRCHWOOD makes it not possible to hold the

RESERVATION EVENT.

3.2.2 In the event that the RESERVATION EVENT is cancelled by

BIRCHWOOD, through no fault of the CLIENT, the DEPOSIT will be

refunded.

4. INDEMNITY

4.1 The CLIENT hereby fully releases and discharges BIRCHWOOD, its Directors

and Staff from responsibility for any loss, damage or injury which may be

sustained by the CLIENT and/or any of its DELEGATES or other person

during, or arising directly or indirectly from the RESERVATION EVENT.

4.2 The CLIENT waives any right to make any claim against BIRCHWOOD

arising out of any loss, damage or injury sustained at or arising from the

RESERVATION EVENT, including its Insurers right of subrogation.

4.3 The CLIENT hereby indemnifies BIRCHWOOD against any claim which may

be made against it by any of its delegates arising out of or in connection

with any loss, damage or injury sustained by any DELEGATE or other

person in connection with or arising out of the RESERVATION EVENT.

5. SURETY

5.1 The SURETY hereby binds himself/herself as Surety and Co-principal debtor

for the due and punctual fulfilment of all of the CLIENT’s obligations

towards BIRCHWOOD and:

5.1.1 hereby renounces all the benefits arising out of the legal

expressions “beneficium ordinis seu excussions et divisionis” the

meaning and effect whereof the SURETY declares himself/herself

to be fully acquainted;

5.1.2 hereby consents to the jurisdiction of the Magistrates Court in terms

of Section 45 of Act No. 32 of 1944 (as amended) notwithstanding

the fact that any claim or amount in dispute may otherwise

exceed the jurisdiction of such Court;

5.1.3 hereby chooses as domicilium citandi et executandi the address

of the CLIENT.

Page 5: Reservation Agreement 2013

Initials: _________________________

6. CONSENT TO JURISDICTION

The CLIENT hereby consents to the jurisdiction of the Magistrates Court in terms of

Section 45 of Act No. 32 of 1944 (as amended) notwithstanding the fact that any

claim or amount in dispute may otherwise exceed the jurisdiction of such Court.

7. DOMICILIUM CITANDI ET EXECUTANDI

The CLIENT hereby chooses as its domicilium citandi et executandi, for all

purposes under and/or in terms of this agreement, at the address stipulated in

clause 1.1.1.

8. GENERAL

8.1 BIRCHWOOD shall be entitled to allocate rooms to DELEGATES at its sole

discretion.

8.2 Check in Time is 14h00 and all rooms are to be vacated by 11h00 on the

date of vacation.

8.3 No guests will be entitled to bring onto the premises any liquor, beverages

or food without having obtained the written consent of BIRCHWOOD.

8.4 BIRCHWOOD reserves it right to increase the food and beverage prices

without prior notification.

8.5 Unless specified by the CLIENT to the contrary, an open bar arrangement

as determined by BIRCHWOOD, shall be deemed to have been selected.

THUS DONE and SIGNED at on this the day of 2013.

___________________________ ___________________________

CLIENT SURETY

___________________________

BIRCHWOOD