Terms and Conditions
Acceptance of Terms
Dirtopia CC 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, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Dirtopia CC. 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 Dirtopia CC 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.
Disclaimer
While Dirtopia CC takes reasonable measures to ensure that the contents of this Website are accurate and complete, Dirtopia CC 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. Dirtopia CC 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.
Dirtopia CC 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, Dirtopia CC 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. Dirtopia CC does not accept any responsibility for any errors or omissions on this Website.
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 Dirtopia CC is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Dirtopia CC has no control over such external sites and resources, you acknowledge and agree that Dirtopia CC 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.
Limitation of Liability
DIRTOPIA CC 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 CAUSED BEYOND THE REASONABLE CONTROL OF DIRTOPIA CC.
YOU HEREBY INDEMNIFY DIRTOPIA CC 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 DIRTOPIA CC OR ONE THAT PURPORTS TO EMANATE FROM DIRTOPIA CC, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF DIRTOPIA CC.
Changes to these Terms and Conditions
Dirtopia CC 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.
Termination
Dirtopia CC 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 Dirtopia CC 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.
Governing Law
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.
Additional website terms and conditions/policies for the Trail Lodge:
YOU AGREE, AS A CONDITION OF YOUR OCCUPATION OF OR RESIDENCE AT THE DIRTOPIA TRAIL LODGE, THAT DIRTOPIA TRAIL LODGE AND THE OWNER, MANAGER AND/OR OPERATOR OF THE DIRTOPIA TRAIL LODGE AND THEIR AFFILIATES AND RESPECTIVE EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY "THE ACCOMMODATION FACILITY ") 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 BEYOND THE REASONABLE CONTROL OF THE ACCOMMODATION FACILITY. YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNCONDITIONALLY INDEMNIFY AND AGREE TO HOLD HARMLESS THE ACCOMMODATION FACILITY IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.
Disclaimer
Please note there is a risk involved when leaving goods unattended, and should all goods be stored in a safe place. We will endeavour to ensure your personal safety and that of your property, we wish to make you aware that neither the employees, management nor owners of Dirtopia CC will in any way be liable or responsible for any damage, loss, injury, or otherwise caused beyond our reasonable control, whilst your stay on the premises. We wish to advise that management reserves entry to Dirtopia CC and we reserve the right to terminate entry or accommodation for any reason whatsoever.”
Dirtopia CC provides an accommodation facility of reputable standards clients should take note that Dirtopia CC can accept no liability if the premises being provided doesn’t adhere to their requirements expectations due to the following:
- extreme weather conditions preventing the client to use premises to its full potential;
- clients expecting a service and or premises other than as advertised on the official Website of Dirtopia CC;
- services or ancillary services for instance WI FI not being available due to any circumstances beyond Dirtopia’s CC reasonable control for instance brake down or interruption of service due to the responsibility of the service provider;
- any necessary; unplanned and urgent repair works needed to the room reserved. In all instance if such repair works are needed Dirtopia CC will accommodate the client by either providing alternative accommodate in the guesthouse or arranging accommodation in another guest house in the area of the same or better quality at no extra costs to the client;
- overbooking due to the mistake of the facility where online bookings are made alternatively clients staying for a longer period as initially arranged. In all instance when such overbooking or overstaying occurs Dirtopia CC will accommodate the client by either providing alternative accommodate in the guesthouse or arranging accommodation in another guest house in the area of the same or better quality at no extra costs to the client;
- clients being unreasonably demanding for instance expecting a quality of service or accommodation that an ordinary person wouldn’t reasonably expect in the instance;
- any other instances where the clients expectations have not been met if such circumstances were beyond the business reasonable control.
Rates
The rates advertised or communicated are inclusive of tourism levies, service charges, credit card fees, taxes and other similar third party charges unless otherwise communicated.
Payment Policy
Payment for any reservations or other services for which fees may be charged by Dirtopia CC shall be payable either on reservation or on arrival or, where applicable, shall be debited to your account after departure. The guest is obliged to vacate their room and check-out by the time communicated to them by Dirtopia CC’s 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 Dirtopia CC.
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 Supplier of your choice authorising Dirtopia CC to deduct or debit your credit card for payments for services rendered. Your signature shall not be required for authorisation purposes.
GUESTS are required to produce the card used to pay any deposit together with a valid ID prior to check-in at Dirtopia CC.
Please Note: During periods of high demand Dirtopia CC may require full pre-payment. This would be non-refundable in the event of cancellation as set out below. Dirtopia CC will contact you should this be a requirement for your reservation.
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 Dirtopia CC.
You agree to pay not later than the time of departure (unless prior written arrangements have been made with Dirtopia CC’s management) the room rate as determined by Dirtopia CC 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 Dirtopia CC. Periodic payments must be made if the account exceeds the credit limit designated by Dirtopia CC, and accounts are payable on presentation.
A certificate from Dirtopia CC’s manager prima facie shall constitute proof of your indebtedness and of the particulars therein for all purposes including any action instituted by Dirtopia CC against you. You agree that after your departure, Dirtopia CC may retain goods left behind by you and authorise Dirtopia CC, 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 Dirtopia CC’s discretion at such price as Dirtopia CC 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 Dirtopia CC.
POPI (PROTECTION OF PERSONAL INFORMATION)
What is the POPI act
We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the POPI Act which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.
What information will we collect
- Email address;
- Cellphone / home telephone/ work telephone numbers
- Medical aid details / Medical aid number
- Medical problems / Allergies
- Home address
- Name and Surname
- Age
- Date of birth
- Identity / passport Number
- Gender
- Emergency contact name and contact number
Why do we collect Personal Information
We collect personal information in order to liaise with you telephonically, via our website or email so that we may:
- respond to any query or comment received from you;
- inform you of new services;
- enable us to process, validate and verify information and requests for the supply of services;
- for the purposes for which you specifically provided the information; and
- generally to improve your experience on our website.
You hereby expressly agree that all photographic or video material made by the organisers of events or their assignees during any activity deemed to be part of an event, shall be free for use by the organisers in any matter relating to the event at any time in the present or future.
Minors
If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we process such personal information.
Processing of Information
We will share your personal information:
- in order to comply with applicable law or with legal process served on our company;
- in order to protect and defend the rights or property of our company; and
- with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third party service providers, having access to your personal information, are bound by confidentiality agreements.
Collection of Information by “Cookies”
You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of "cookies." "Cookies" are small text files a website can use to recognise repeat users, facilitate the user's ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.
Security Measures
We 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
- We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF OUTSIDE OUR REASONABLE CONTROL.
Warranty on goods sold and supplied
The Seller warrants its customer that the goods which have been supplied by the Company and delivered to the Customer shall be free from defects and subject to the following:
- The warranty is effective for a period of six months. The date is determined from date of delivery and will the Customer be entitled to either request a refund; replacement or repair of goods if goods are defective within such period;
- We shall not be liable or responsible in any way for any damages of whatsoever nature, including consequential and penal damages, caused by or due to any failure of operation or malfunction of the goods, unless such damages can be attributed to any circumstances reasonably within the control of us.
- The warranty shall immediately be rendered null and void in the event of any of the following:
Any alterations or modifications or addition made to the goods supplied, without the prior consent of us;
Failure to use goods in accordance with the instructions and specifications of us;
General misuse and abuse of goods;
Any damage caused by fire, flood, civil disturbance or act of God;
Goods not accompanied by the original tax invoice.
Warranty on repair services
Dirtopia CC warrants its customer that the repair services to the clients goods shall be free from defects and subject to the following:
- The warranty is effective for a period of three months. The date is determined from date of finalization of the repair services to the goods and the Customer will be entitled to either request a refund; replacement or repair of the repair services if the repair services are believed to be of a substandard quality within such period;
- The warranty shall immediately be rendered null and void in the event of any of the following:
Any alterations or modifications or addition made to the repair works, without the prior consent Dirtopia CC; Failure to use the goods in accordance with the instructions and specifications of Dirtopia CC;
Damages due to the general mistreatment and abuse of the goods repaired;
Any damage caused by fire, flood, civil disturbance or act of God.
Any default that can be attributed to normal wear and tear of the material supplied or installed during the repair work of the goods taking into regard the oldness of the part and the use it was normally put to in the past. All refurbished/reconditioned/previously used material will only be supplied at the Clients specific instructions; the repair work have not been inspected by an authorised person of Dirtopia CC, before the customer requested its replacement, repair or refund.
Indemnity
The Client acknowledge the risk involved in the supply of the products/services by Dirtopia CC and hereby indemnify Dirtopia CC against claims for harm/damage caused to him/her/its property due to reasons beyond the reasonable control or unintentional act of any person, whether or not in the employ of Dirtopia CC. This will include loss or damage caused as a result of fire or theft, or any economical loss pertaining to the harm/damage caused.
