Introduction
1.1. These terms and conditions apply between Monument House (Pty) Ltd (“MH”) and any person/s visiting MH’s property (“the Guest(s)”).
1.2. By making a booking, the Guest(s) confirm having read and understood these terms and conditions, including all policies implemented from time to time and agree to be bound by them.

Definitions
2.1. Agreement means these terms and conditions between MH and the Guest(s) including the MH Privacy Policy and any other policies implemented by MH from time to time;
2.2. Applicable Laws means the laws of the Republic of South Africa including legislation, regulations, by laws etc.:
2.3. Booking means the online booking on MH’s Website;
2.4. Privacy Policy means MH’s policy in relation to protection of personal information in terms of the Protection of Personal Information Act 4 of 2014 and related terms and conditions in relation to, inter alia, the use of the Website which can be accessed here (Privacy Policy);
2.5. EFT means Electronic Banking Transaction:
2.6. Estate means the premises of MH which includes the accommodation cottages and surrounding areas at 3 Middagkrans Road, Franschhoek;
2.7. MH means Monument House (Pty) Ltd bearing registration number 2022/306681/07, a private company duly incorporated in the Republic of South Africa;
2.8. Terms and Conditions means these terms and conditions constituting the Agreement between MH and the Guest(s);
2.9. Guest/Guests means the persons who made the Booking and accompanying guests of the Booking;
2.10. Services means the services offered by MH on the Booking;
2.11. Website means MH’s website which can be found at www.monumenthouse.co.za and
2.12. You means the Guest(s)

Bookings
3.1. All Bookings should be received in writing, The information shall include, amongst other things, Guest(s) names, arrival and departure dates, flight details (if applicable), contact numbers, and any specific requests.
3.2. No persons other than those persons specified on the Booking are permitted to occupy the accommodation.
3.3. A 100% refundable payment is required along with the fully completed Booking to confirm the Booking. (*See 4.2 for details, re treatment of credit card charges)

3.4. Bookings will not be confirmed until such time as the payment has been received, at which time MH will notify Guest(s) in writing of the confirmation.
3.5. The minimum number of nights stay varies by accommodation type and booking dates. MH updates these from time to time on their Website. It is the Guest(s) responsibility to check this.

Payments
5.1. The Rates are quoted in South African Rands (“ZAR”) and include 15% Value Added Tax (“VAT”) View all rates here.
5.2. All payments are to be made in South African Rands (ZAR) without deduction or set-off for any reason.
5.3. Payments made by EFT are to be made into the bank account designated by MH which is provided at clause 5.7 below.
5.4. Guest(s) are liable for all bank fees (including administration fees) and commissions related to the payment.
5.5. MH does not accept cash.
5.6. Should payment not be received by the due dates stipulated at clause 3.3 and 3.5 above, the Booking will be cancelled and the deposit shall be forfeited.
5.7. Banking Details
        Name: Monument House (Pty) Ltd
        Bank: FNB Bank South Africa
        Account number: 6300 2788 090
        Branch Code: 210651
        SWIFT Code: FIRNZAJJ
        Branch Name: Greenpoint

General Conditions for Residence
6.1. Check-in / Check-out Times
        6.1.1. Check-In is between 14h00 and 20h00 and Check-out is 11h00.
        6.1.2. Early check-in or late departure is subject to availability. While we make every effort to accommodate Guests it cannot be                               guaranteed.
        6.1.3. At check-In the Guest(s) must present the credit card used to make the Booking.
6.2. Visitor Policy
        Visitors are welcome to enjoy the Estate with prior agreement from MH. No person other than those on the Booking are permitted to            occupy the accommodation.
6.3. Pools Policy
        6.3.1. The Estate has a pool, jacuzzi and pond for the use and enjoyment of Guest(s) and visitors which use is entirely at their own                           risk.
        6.3.2. The pool and jacuzzi can be dangerous for unsupervised children or even adults alike, regardless of swimming ability and                               Guest(s) are to exercise extreme care when walking around these areas or making use of these facilities.
        6.3.3. No running, jumping, diving or glass items are allowed around the pool, jacuzzi and pond.
        6.3.4. In the event that you have booked the entire Estate (and such guests include minor children):
        6.3.4.1. All minor children (aged 16 and under), whether they are able to swim or not, shall be accompanied by an adult at the                                      swimming pool and jacuzzi;
6.4. Child Policy
        To ensure the tranquil experience of our guests, MH welcomes children aged 16 years and older. Children of all ages are welcome                when the entire Estate is booked.

6.5. Pet Policy
        MH has a no pet policy.
6.6. Noise Policy
        Please consider other guests at all times and keep noise levels to a minimum. Quiet time is between 23h00 and 07h00.
6.7. Smoking Policy
        MH is a non-smoking property, and we request Guest(s) to comply.
6.8. Safety and Security
        We are fortunate to live in a safe town and quiet neighborhood. Guest(s) are, however, requested to lock all doors and close windows          when leaving the accommodation.

Behaviour
7.1. MH expects all persons entering the Estate to behave in a responsible and considerate manner at all times towards others and not to cause disruptions.
7.2. Should MH in its sole discretion believe that a Guest(s) action(s) may or has caused a risk of safety, disruption, annoyance, or any damage to other guests, employees, suppliers or property, MH reserves the right to immediately require the Guest(s) to vacate the Estate and repair any damage caused in terms of clause 10.8 below.
7.3. Should MH require a Guest(s) to vacate in terms of the clause 7.2 above, it will not have any further liability to the Guest(s) and all outstanding fees shall be due and payable and no refunds provided.

Privacy, Data Protection and Website
8.1. MH’s policy in relation to protection of personal information and related terms and conditions in relation to, inter alia, the use of the Website can be accessed here in the Privacy Policy
8.2. These Terms and Conditions shall be read in conjunction with the Privacy Policy which forms part of this Agreement.

Force Majeure
9.1. MH will not be liable for any failure to fulfill its obligations under this Agreement if and to the extent such failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, fire, explosion, floods, hurricanes, extreme weather, riots, wars, hostilities, revolutions, civil disturbance or usurped authority, accidents, embargo or requisition, unforeseeable acts (including failure to act) of any governmental authority (de jure or de facto), sabotage, nuclear incidents, epidemics, strikes over which it has no control of any obligation hereunder to provide such consent. The right of relief will apply irrespective of whether the cause of prevention or delay occurs before or after the agreed time for such obligations.
9.2. Relief from liability for non-performance by reason of the provisions of this clause will commence on the date on which MH gives notice of the impediment relied upon and will terminate upon the date on which such impediment ceases to exist.

Damages, Liability and Indemnity
10.1. The Guest(s) bears the sole and absolute responsibility for ensuring it is aware of MH’s exclusion of liability and indemnity and that it has the necessary travel documentation and travel insurance (including medical and emergency travel expenses). MH shall not be held responsible for any amendment to scheduled or discontinued flights and all or any additional costs incurred related thereto.
10.2. All persons entering MH property and/or using any facility or participating in activities on the Estate do so entirely at their own risk.
10.3. MH, its officers, employees, agents, representatives, insurers past and present will not be liable or responsible for any personal injury to any persons which it may suffer directly or indirectly, harm, death, loss of support or any other damages (including destruction or loss of any Guest(s) property) of any nature whatsoever, whether arising from negligence of MH or its employees, agents or representatives or any other cause whatsoever.
10.4. Guest(s) undertake to indemnify, hold harmless and absolve MH from all and any claims whatsoever that may arise in terms of clause10.3 above.
10.5. Without derogating from the generality of clauses 10.3 and 10.4 above, parents and guardians who enter the Estate do so on the basis that they assist any child(ren) accompanying them, in contracting as aforesaid and agree to be bound to the aforesaid clauses on behalf of their child(ren).
10.6. To the extent permitted by applicable law, MH will not be liable to the Guest(s) or any third party for any indirect damages (including consequential, extrinsic, special or incidental loss or damages which will include but not be limited to loss of property or loss of profit, business, goodwill, revenue or anticipated savings) or aggravated damages.
10.7. The Guest(s) will indemnify, defend, and hold MH harmless from any and all damages claimed by any third party against MH relating to or arising from this Agreement or provision of the Services.
10.8. Guest(s) are furthermore liable for any damage to the property, equipment, surrounding fauna and flora of MH, incurred by the Guest(s).

Breach
11.1. Should the Guest(s) fail to comply with any of its obligations or commit a material breach of this Agreement and fail to remedy such default or breach within five (5) business days after having received written notice to do so, MH will be entitled to either hold the Guest(s) to this Agreement or cancel this Agreement and claim damages.
11.2. Should the Guest have a credit due to it at the time of its failure to comply with its obligations or committing a material breach of this Agreement, MH will have the right to retain all monies paid by the Guest(s) pending the determination of such damages and thereafter to set-off the amount retained against the amount owing.

General
12.1. This Agreement will in all respects be governed by and construed under the Applicable Laws and all disputes, actions, and other matters relating thereto will be determined in accordance with such law. MH’s right to enforce any provisions of this Agreement will not affect in any way its right to require performance of the provision at any time in the future, nor will the waiver of any subsequent breach nullify the effectiveness of the provision.
12.2. These Terms and Conditions are deemed as being accepted on confirmation of the Booking and are valid for the duration of the Booking. The Guest(s) is responsible to ensure it has the latest version of the Terms and Conditions as this may be amended from time to time with or without notice. MH shall ensure that the Terms and Conditions are updated on the Website.

Updated 30th October 2023