All references to “Misty Blue Hotels”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Huntrex 302 Pty Ltd t/a Misty Blue Hotels, registration number 2010/004790/07. Further information regarding Misty Blue Hotels can be found on www.mistyblue.co.za
All references to “you” are deemed to be references to any customer, user and/or visitor of www.mistyblue.co.za (the “Website”).
Acceptance of Terms
Misty Blue Hotels 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, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Misty Blue Hotels.
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 a Misty Blue Hotel 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.
The reservations feature of this Website is provided solely to assist you in determining the availability of travel-related goods and services and to make legitimate reservations. You agree to be financially responsible for all of your use of this Website (as well as for use of your account by others, including without limitation any person under the age of eighteen years of age). You agree that the reservations facilities of this Website shall be used only to make legitimate reservations. You understand that overuse or abuse of the reservation facilities of this Website may result in you being denied access to such Website, at the sole discretion of Misty Blue Hotels.
BECAUSE WE DEAL WITH YOU IN A NON-FACE-TO-FACE ENVIRONMENT, YOU HEREBY WARRANT THAT:
• ALL YOUR DETAILS AS RECORDED ON THE WEBSITE ARE TRUE AND CORRECT;
• YOU ARE LEGALLY CAPABLE OF CONCLUDING A TRANSACTION ON THE WEBSITE; AND
• YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS.
Misty Blue Hotels will rely on instructions that appear to originate from you even if they come from someone else impersonating you and to act on any instruction purporting to originate from you, unless you notify us of any irregularities.
THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR NON-INFRINGEMENT, AS MAY BE ALLOWED IN LAW.
While Misty Blue Hotels takes reasonable measures to ensure that the contents of this Website are accurate and complete, Misty Blue Hotels 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. Misty Blue Hotels 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.
Misty Blue Hotels will use reasonable endeavours 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, Misty Blue Hotels 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. Misty Blue Hotels does not accept any responsibility for any errors or omissions on this Website.
All rates advertised on the Website are inclusive of tourism levies but exclusive of service charges, credit card fees, taxes and other similar third party charges.
Payment for any reservations or other services for which fees may be charged by Misty Blue Hotels shall be payable either on reservation or on arrival at the hotel in question or, where applicable, shall be debited to your account after departure.
The rates payable in respect of the provision by Misty Blue Hotels of any services and/or goods, including but not limited to the provision of accommodation at the hotel, shall be the current applicable rates.
The guest is obliged to vacate his room and check-out by the time, 10h00 or as communicated to him by the Misty Blue Hotels 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 the hotel’s management.
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 hotel of your choice authorising the hotel to deduct or debit your credit card for payments for services rendered. Your signature shall not be required for authorisation purposes.
Please Note: During periods of high demand and or as per applicable rate Misty Blue Hotels may require full pre-payment. This would be non-refundable in the event of cancellation. This will be specified on the rate as a nonrefundable rate.
Cancellation and Refund Policy
Should you cancel the reservation less than 48 (fourty-eight) hours from the day of arrival, a cancellation fee of the rate for one night plus and/or any other applicable government taxes or levies will be levied against you. Misty Blue Hotels reserves the right to debit your credit card with a cancellation fee equal to one night’s accommodation, if a reservation is not cancelled by 16h00 SA time (hotel time) on the day of arrival. If your reservation was guaranteed by a charge to your credit card at the time of the reservation, this will be forfeited.
A no-show is the non-arrival of a guest without notification in writing by fax or email to the hotel. In the case of a no-show, a no-show fee of one night and/or any other applicable government taxes or levies will be levied against you. If your reservation was guaranteed by a charge to your credit card at the time of the reservation, this will be forfeited.
Misty Blue Hotels has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy.
Misty Blue Hotels will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally this information is requested when making reservations; when requesting a particular service; when sending feedback or when entering a competition.
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.
The purposes for which Misty Blue Hotels will use your personal information are as follows: to transact with you via the website or email regarding reservations, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
We use a Secured Sockets Layer (SSL) Line for credit card data and other personally identifiable information. This ensures that your information is encrypted as it travels over the Internet and is stored on a secure server once it reaches us. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. MISTY BLUE HOTELS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.
Misty Blue Hotels shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Misty Blue Hotels; (b) to protect and defend the rights or property of Misty Blue Hotels, and (c) for the purposes of distributing same to various employees and/or third parties who assist Misty Blue Hotels 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.
You hereby agree to update any of your personal information in the possession of Misty Blue Hotels as soon as same is no longer accurate and complete. If you ever want to update or correct any of your personal information held by Misty Blue Hotels, kindly contact Misty Blue Hotels via firstname.lastname@example.org and we will endeavour to update and correct your personal information.
WHILST MISTY BLUE HOTELS 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, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.
Misty Blue Hotels will:
• treat your personal information as strictly confidential;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorised 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 or destroy 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, or you consent to us retaining such information for a longer period.
Conditions of Residence
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 the hotel.
You agree to pay not later than the time of departure (unless prior written arrangements have been made with the hotel management) the room rate as determined by the hotel 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 the hotel. Periodic payments must be made if the account exceeds the credit limit designated by the hotel, and accounts are payable on presentation.
A certificate from the hotel manager prima facie shall constitute proof of your indebtedness and of the particulars therein for all purposes including any action instituted by the hotel against you.
You agree that after your departure, the hotel may retain goods left behind by you and authorise the hotel, 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 the hotel’s discretion at such price as the hotel 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 the hotel.
YOU HEREBY AGREE, AS A CONDITION OF YOUR OCCUPATION OF OR RESIDENCE AT THE HOTEL, THAT MISTY BLUE HOTELS AND OWNER, MANAGER AND/OR OPERATOR OF THE HOTEL AND THEIR AFFILIATES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES 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 WHATSOEVER AND BY WHOMSOEVER CAUSED OR ARISING FROM THE NEGLIGENCE OR WRONGFUL ACTS OR OMISSIONS OF MISTY BLUE HOTELS. YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNCONDITIONALLY INDEMNIFY AND AGREE TO HOLD HARMLESS MISTY BLUE HOTELS 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 Misty Blue Hotels is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Misty Blue Hotels has no control over such external sites and resources, you acknowledge and agree that Misty Blue Hotels 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.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of Misty Blue Hotels, which may be withheld or granted subject to such conditions Misty Blue Hotels may specify from time to time.
Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever.
This Website may from time to time contain message boards which allow users to comment on their experience at Misty Blue Hotels. At times those comments may contain references to matters not related to Misty Blue Hotels. Those references do not necessarily represent the views of Misty Blue Hotels.
Limitation of Liability
MISTY BLUE HOTELS 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, EVEN IF MISTY BLUE HOTELS WAS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, EXPENSE, CLAIM OR DAMAGES, UNLESS SUCH LOSS OR DAMAGES ARISE DUE TO THE GROSS NEGLIGENCE OF MISTY BLUE HOTELS.
YOU HEREBY INDEMNIFY MISTY BLUE HOTELS 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 MISTY BLUE HOTELS OR ONE THAT PURPORTS TO EMANATE FROM MISTY BLUE HOTELS, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF MISTY BLUE HOTELS.
Changes to these Terms and Conditions
Misty Blue Hotels 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.
Misty Blue Hotels 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 Misty Blue Hotels 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.