reservation agreement 2013
DESCRIPTION
gudTRANSCRIPT
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.
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.
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.
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.
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