Terms and conditions of Residence

The following terms and conditions of residence apply for all Onomo Hotels. Other terms may apply locally and will be communicated to the Guest by the Hotel. The term “Hotel” used below designates the other where the Guest registered his booking. The term “Guest” designates any person willing to book rooms or services at Onomo Hotels.

 

  1. An expression which denotes any gender includes the other genders, a natural person includes an artificial or juristic person, including The State and vice versa and the singular includes the plural and vice versa.

 

  1. The Guest, by signing the booking form on the present site and/or the registration card, warrants [guarantees or promises] that he is duly authorised to sign for and bind all persons represented by him and/or for whom he is responsible and/or for whom he is arranging accommodation at the Hotel (“his party”), to these conditions of residence and failing such authority in respect of any member of his party, agrees, that in addition to any other remedies the Hotel may have against him, for breach [an act of breaking or failing to observe] of this warranty, to be personally liable for all amounts arising from the residence and/or use of the facilities by him and his party at the Hotel and indemnifies [agrees to pay for any losses which arise or have arisen – a contractual obligation of one party (in this case the Guest) to compensate the loss occurred to the other party (in this case the Hotel)] the Hotel against any claim made by any member of his party against the Hotel, as set out in clause 5 below.

 

  1. The Hotel reserves the right to cancel any booking forthwith and without any liability [a responsibility or duty] on its part in the event of any damage to, or destruction of the allocated rooms or facilities by fire or other cause, any shortage of labour or food supplies, strikes, lockouts, industrial unrest, load-shedding, cessation of any essential services, droughts or any other causes beyond the control of the Hotel which shall prevent it from performing its obligations in connection with any booking. In these circumstances, the Hotel will make every effort to accommodate the Guest but will not be liable if it fails do so.

 

  1. The Guest accepts full liability for all additional charges incurred by him and his party during their tenure at the Hotel. All amounts incurred by the Guest and his party will be invoiced and all such invoices shall be due and payable on presentation.   Any queries in respect of specific invoices shall not affect immediate payment of any other outstanding amount.

 

  1. The Guest hereby agrees on behalf of himself and the members of his party that it is a condition of his / their residence at the Hotel and/or use of the facilities, that the Hotel shall not be responsible for any injury or harm to or death of any person (or any minor dependant of that person) or for the loss or destruction of or damage to any property or any loss of money or other valuables or loss or damage of any other kind (as well as that of any minor dependant), including, but not limited to, pure economic loss [financial loss and damage], other monetary loss or a claim for loss of support or any damages for anything occurring upon the premises of the Hotel, whether arising from fire, theft, drowning or any cause of whatsoever nature or kind and by whomsoever caused, whether arising from the negligence or wrongful act or any person in the employment of or contracted to the Hotel or otherwise. Furthermore, the Guest hereby indemnifies and holds harmless the Hotel against any claim, as contemplated above, that may be made against the Hotel by any person occupying the room together with the Guest or any invitee of the Guest.

 

  1. When eating any food upon the Hotel premises, the Guest and any member of his party hereby acknowledge that should they suffer from any allergy or other problem with the ingredients of such food, they will be solely [only] responsible to point this fact out to the relevant Hotel representative. Any illness or malady suffered by the Guest or any member of his party shall be for their sole responsibility.  The Hotel shall not be responsible for any medical or other costs, howsoever arising, for the treatment of such illness or malady.

 

  1. The Guest and each of his party agree that the Hotel shall have a lien over all items brought by the Guest or any member of his party onto the Hotel premises for all amounts due to the Hotel by the Guest or any member of his party, no matter how and when such debt is incurred.

 

  1. The Guest shall be responsible for any damage or destruction caused to the Hotel’s premises, allocated rooms, the furnishings, utensils and equipment therein, by any wilful act, default or negligence and shall be liable to pay for such damages.

 

  1. All the information contained in the present website, brochure or catalogue (or which accompanies or forms part of any offer made by the Hotel), is subject to alteration at any time without prior notice and the Hotel will not be bound to comply exactly therewith. The Hotel shall not be liable for any inaccuracies in any website, brochure or other information supplied by it and shall not be liable for any accidents or happenings arising out of such faulty information.

 

  1. Notwithstanding the amount which may at any time be owing, the parties consent to the applicable jurisdiction in the country of residence, it being understood however that Hotel shall at all times be entitled to bring any such action or proceeding to the appropriate court in the country of residence. If any such actions be necessary, the Guest agrees to pay all costs and disbursements as between attorney and client [all costs the attorney is entitled to recover against his client] and collection commission. A certificate signed by the manager of the Hotel shall constitute [be] prima facie [deemed to be correct until the contrary is proved] proof of the indebtedness of the Guest and/or his party.

 

  1. The Guest and all members of his party choose as his/their domicilium citandi et executandi [the address at which you will accept service of all notices and court process] the address mentioned at their ID, and the Hotel at its physical address.

 

  1. No changes, alterations, variations or cancellation of any of these conditions shall be binding on Hotel, unless agreed thereto by the Hotel in writing and signed by a responsible officer on their behalf. These conditions and the Guest’s stay at the Hotel shall be governed by and construed [interpreted] in accordance with the Laws applicable at the country of the residence.

 

  1. If any provision hereof is held to be unenforceable by any court of law, such provision shall be severable [capable of being divided or parted] from these conditions and shall not affect the remaining provisions, which shall remain of full force and effect.

 

  1. No provision herein shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have structured, drafted or introduced such provision or by reason of the extent to which any party or its professional advisors participated in the preparation of these conditions and accordingly the contra proferentem rule [broadly this means that where there is doubt about the meaning of the words in a contract, the words will be construed against the person who put them forward] shall not be applied in the interpretation of these conditions.

 

  1. The Hotel does not accept any responsibility or liability for the safe custody or loss of or damage or destruction to any property stored or left in the room, room safe and/or on any other part of the Hotel premises, whether as a result of negligent or other wrongful act of any person, whether in the employ of the Hotel or otherwise or from any other cause whatsoever and howsoever arising. Further the Hotel does not accept any liability or responsibility for any claim resulting from a failure of the electricity, water (whether as a result of drought or otherwise) or other utility supply, the failure of backup generators or reservoirs and whether or not caused by the Hotel ’s negligence. The Guest agrees that after his departure, or that of any member of his party, the Hotel may keep goods left behind by him and/or any member of his party, for a period of one month, pending any claims by the Guest and/or any member of his party, failing which, the goods shall be forfeited to be disposed of as it deems fit.  The Hotel shall furthermore be entitled to charge the Guest a reasonable fee in respect of such period of time for which the items are left at the Hotel.

 

  1. No warranties [guarantees or promises] or representations, whether express or implied, not stated herein shall be binding on the parties. No waiver [voluntary surrender of a known right] made by the Hotel l to the Guest shall be binding unless in writing and any such waiver shall be construed strictly as relating to the matter in respect whereof it has been made and no indulgence by the Hotel shall operate as an estoppel [preventing one from making an allegation or a denial that contradicts what he has previously stated as the truth] against it in respect of any rights hereunder, nor shall it operate so as to preclude [stop or prevent] the Hotel thereafter from exercising its rights strictly in accordance with these terms.

 

  1. The Guest shall not be entitled to cede [to surrender possession or give to another person] or assign [allocate or handover] the reservation to any third party nor utilize the Hotel’s facilities for any other purpose than that stated, without the Hotel ‘s prior written approval.

 

  1. As the Hotel may be obliged to collect personal information, the Guest hereby agrees and consents to the Hotel transferring his personal data so collected to the companies constituting the Hotel group and any authorities entitled to same. The Guest further agrees to such data being utilized by the Hotel for marketing and market-related research purposes, to the extent legally permissible.

 

The Hotel is monitored by CCTV and the Guest and his party hereby agree thereto.