Castleburn Lodge

Important Information

CASTLEBURN RESORTCONDITIONS OF RESIDENCE

1.For the purpose of this document "the Resort" will mean Castleburn Shareblock Limited Registration No.1991/005692/06 trading as Castleburn Resort.

2.The signatory to this registration card ("the guest/Owner"), by his or her signature agrees to be bound to these Conditions of Residence. If the guest/owner is accompanied by family members or friends for whom he is legally responsible, then in addition to signing these Conditions of Residence on his own behalf, he warrants that he is duly authorised to sign for and bind all persons accompanying him, or visiting him or his accompanying party ("the guest's/owner's party"), to these Conditions of Residence and, failing such authority, the guest/owner agrees to be personally liable for all amounts arising from the residence of himself and the guest's/owner's party at the Resort.

3.The guest/owner and the guest's/owner's party agree to pay, not later than the time of departure (unless prior written arrangements have been made with the management of the Resort), the room rate as determined by the Resort for the period of the guest's/owner's and the guest's/owner's party's residence at the Resort, together with any other amounts relating to such residence (including, without limitation, those in respect of food and beverages consumed by the guest/owner and/or the guest's/owner's party during such residence), together with Value-Added Tax (as defined in the Value-Added Tax Act, 89 of 1991, as amended) incurred by the guest/owner and/or the guest's/owner's party during such residence. Periodic payments must be made, on demand, if an account exceeds the credit limit designated by the Resort. Invoices are payable on presentation to the guest/owner and/or the guest's/owner's party.

4.A certificate from the Resort management detailing the indebtedness of the guest/owner and/or the guest's/owner's party, shall be presumed to be true for all purposes including any action instituted by the Resort against the guest/owner and/or any of the guest's/owner's party unless it is disproved by the guest/owner and/or any of the guest's/owner's party.

5.In the event the guest/owner and/or any member of the guest's/owner's party leaves behind goods at the Resort, the Resort will make all reasonable efforts to contact the guest/owner in order to facilitate the return of the goods. In the event that goods remain unclaimed despite these reasonable efforts, and the lapse of a period of three months, the guest/owner authorises the Resort to dispose of the goods in any way that Management may determine. The guest/owner also agrees to forfeit any rights to said, unclaimed, goods.

6.The guest hereby agrees, on behalf of himself and the guest's party, that it is a condition of the guest's/their residence at the Resort that the Resort shall not be responsible for any injury to or death of the guest or a member of the guest's party, or the loss of, damage to or destruction of any property of the guest and/or the guest's party, whether arising from fire, theft or interruptions in the supply to the Resort of any water, electricity, gas, refuse services, sewerage services, telecommunications and/or any other cause, and by whomsoever caused, including arising from the negligence (other than gross negligence) of any person in the employ of the Resort, or any of its management or agents (acting in the course and scope of their employment).

7.The guest acknowledges that the Resort is situated in a mountainous area containing wild animals (including reptiles and birds), insects and dangerous plants and that this constitutes an increased risk to the guest and the guest's party. The guest agrees on behalf of himself and the guest's party to obey all safety and conservation rules and regulations of the Resort.
8.The guest and/or the guest's accompanying party may hand to the Resort for safekeeping money and/or valuables, whereupon a special receipt will be issued accordingly. Money and valuables stored by the Resort or placed in any room safes, are stored and placed at the guests own risk.

9.The guest indemnifies and holds the Resort, its management, employees and agents, harmless, to the maximum extent permitted in law, against all loss, liability, cost, damage or claim which the Resort may suffer as a result of the guest’s and/or the guest's party's
(a) breach of these conditions of residence, and/or
(b) their acts or omissions while resident at the Resort, and/or
(c) their death, injury or loss of property caused by any wild animals (including reptiles and birds), insects and dangerous plants, and/or
(d) their death, injury or loss of property incurred whilst being transported to or from or travelling on the Resort or Resort precinct and/or
(e) the injury to or death of the guest or any member of the guest's party, or the loss of, or damage to any property of the guest and/or the guest's party, whether arising from fire, theft, interruptions in the supply to the Resort of any water, electricity, gas, refuse services, sewerage services, telecommunications and/or any other cause, and by whomsoever caused, including arising from the negligence (other than gross negligence) of any person in the employ of the Resort, or any of its management or agents (acting in the course and scope of their employment).

10.The guest, on behalf of the guest and the guest's party, hereby consents to the jurisdiction of the Magistrate's Court in respect of any action or proceeding, which may arise in respect of these conditions of residence. Notwithstanding what is stated above, the Resort shall be entitled to bring actions or proceedings in any other Court where such proceedings would, but for the foregoing consent, fall outside the jurisdiction of the Magistrate's Court. These conditions of residence shall be governed and interpreted in accordance with the laws of the Republic of South Africa and no laws of any other jurisdiction will apply.

11.Where appropriate, the masculine gender shall include the feminine gender (or vice versa), and the singular shall include the plural.

12.The guest acknowledges, on behalf of himself and the guest's party, that any wireless or fixed line internet connections are unsecure, and that the guest/they use(s) the wireless internet connection provided by the Resort at the guest's/their own risk.

13.The guest acknowledges, on behalf of himself and the guest's party, that the guest has been requested to read the fire notice in the rooms to be occupied by the guest and the guest’s party and to ensure safer protection of valuables by utilising the room safe, or safety deposit boxes at reception.The chalet key issued to you identifies you as a resident of the Resort, and should be carried with you at all times in order to gain access to all residential areas until 10h00 on the day of your departure unless access has been extended by personnel on duty at reception.The chalet key may be required to be produced when charging any items to your account, and will be valid until 10h00 on the day of your departure.Guests are requested to contact the front office duty manager should you lose the chalet key. Guests and the guest's party are required to vacate your room by 10h00 on the day of your departure, failing which the Resort reserves the right to apply additional charges.I, the undersigned, acknowledge that I have read and understand the above conditions of residence, including the acknowledgements, waivers, indemnities and exclusions of liability contained in clauses 4, 6, 7, 8, 9, 12 and 13 and that I fully understand the meaning and effect thereof (including the limitation of my rights and the rights of the other indemnifying parties) and that I am bound to the above terms and conditions.

DISCLAIMER

By Fishing, Boating, Swimming or using the Lakes and or Dams for whatever reason and its surrounding facilities or taking part in any property organized activities which includes, but is not limited to: archery, Children’s games, bring and braai, agree to be bound by the terms and rules set out below. It is your responsibility to ensure that any children accompanying you comply with these the terms and rules set out below.Right of use of the WALKING TRAILS Lakes and or Dams and its facilities is reserved and the Resort Management shall have the right to deny any person access to and continued use of the Lakes and or Dams and its facilities.

ANY PERSON TAKING PART IN RESORT ORGANISED ACTIVITIES, ARCHERY, FISHING, HIKING, CYCLING, SWIMMING, BOATING AND/OR USING THE LAKE AND DAMS FACILITIES IN ANY OTHER MANNER DOES SO AT THEIR OWN RISK. THE RESORT, AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY HARM, LOSS OR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL AND/OR CONSEQUENTIAL) OF WHATSOEVER NATURE CAUSED TO ANY PERSON OR TO ANY PROPERTY ARISING FROM THE USE WHATSOEVER OR HOWSOEVER OF THE RESORT ORGANISED ACTIVITIES, ARCHERY, FISHING, HIKING, WALKING TRAILS, CYCLING, SWIMMING, BOATING AND/OR USING THE LAKE AND DAMS FACILITIES. THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.Warning!THERE IS NO LIFEGUARD ON DUTY AT ANY TIME. IF YOU CANNOT SWIM, DO NOT ENTER THE WATER.

All persons Fishing, Swimming, Boating or making use of the Lakes and Dams facilities are presumed to be of sound health. To the extent that you are not in sound health, please consult the advice of a licensed medical physician prior to using the Lakes and Dams facilities or any other facilities on the Resort premises. Please keep your valuables under close supervision at all times.Please note that persons using the Lakes and Dams facilities, may be exposed to risk of injury or death, which includes but is not limited to - * Exposure to the elements

* Drowning Rules!
All children under 12 years and/or children who cannot swim must be accompanied and supervised by an adult at all times.The use of the Lakes and Dams after sunset and before sunrise is not permitted. Life jackets, which are available on the side of the main Clubhouse next to the wheelchair ramp, must be worn at all times whilst using any boats, kayaks or watercraft on the Lakes and Dams facilities. Should you wish to use the Lake and Dam facilities outside of Reception operating hours, please ensure that you obtain your life jackets the day before. Please ensure the life jackets are the correct size for you and any children accompanying you and that all straps remain tied at all times. If you are unfamiliar with the use of any boating equipment, please seek assistance from the Resort staff and remain within easy reach of the Lake or Dam shoreline when using the boating equipment.

I, the undersigned, acknowledge that I have read and understand the above DISCLAIMER, including the acknowledgements, waivers, indemnities, rules, warnings and that I fully understand the meaning and effect thereof (including the limitation of my rights and the rights of the other indemnifying parties) and that I am bound to the above terms and rules.The signatory to this disclaimer ("the Guest/Owner"), by his or her signature, warrants that the Guest/Owner is duly authorised to sign for and bind all persons accompanying the Guest/Owner, or visiting the Guest/Owner or his accompanying party ("the Guest's/Owner's party"), to the terms and rules of this disclaimer.