1. ABOUT THESE TERMS

1.1 These Website Terms and Conditions (“Terms”) apply to your access to and use of www.capepanoramalodge.co.za (the “Website”) and to electronic communications, enquiries and transactions with Cape Panorama Lodge where these Terms are incorporated into the transaction.

1.2 By using the Website, submitting an enquiry, requesting availability, or proceeding with a booking to which these Terms apply, you acknowledge that you have read and agree to be bound by them.

1.3 If you do not agree with these Terms, you should not use the Website or proceed with a transaction to which they apply.

1.4 Nothing in these Terms is intended to exclude, limit or waive any right or remedy that may not lawfully be excluded under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the Protection of Personal Information Act 4 of 2013 (“POPIA”), or any other applicable South African law.

2. SUPPLIER INFORMATION

The Website and accommodation business are operated by:

3. WEBSITE INFORMATION AND AVAILABILITY

3.1 We take reasonable care to keep Website information accurate and current. However, room descriptions, photographs, layouts, amenities, availability, rates, distances and other information may change from time to time.

3.2 Photographs are illustrative of the accommodation category or facility shown. Individual rooms or units may differ in furnishings, outlook, configuration or decorative detail while remaining materially consistent with the category booked.

3.3 Website availability is not guaranteed until a booking has been accepted and confirmed by the Lodge or the relevant authorised booking platform.

3.4 We may suspend, alter, withdraw or update any part of the Website without notice where reasonably necessary, including for maintenance, security, operational or legal reasons.

4. ENQUIRIES AND BOOKINGS

4.1 An availability enquiry, quotation request or booking request does not by itself create a confirmed reservation.

4.2 A booking becomes binding when the Lodge or its authorised booking platform issues a booking confirmation and any required deposit, guarantee or payment has been received or validly secured, as stated in that confirmation.

4.3 You are responsible for checking the booking confirmation promptly and notifying us of any error in the guest name, accommodation type, dates, number of guests, rate, inclusions or other material detail.

4.4 The person making a booking warrants that he or she is at least 18 years old, has authority to make the booking for all persons included in it, and will ensure that those persons comply with the applicable booking and house rules.

4.5 Where a booking is made through an online travel agent, corporate travel agent, NightsBridge or another third-party platform, the platform’s transaction process and any valid platform-specific terms may also apply. Statutory consumer rights and the Lodge’s confirmed accommodation terms remain unaffected.

5. RATES, TAXES AND PAYMENT

5.1 Rates are quoted in South African Rand unless expressly stated otherwise. The price, taxes, included services, deposit requirements and payment schedule applicable to a booking are those shown or supplied at the time the booking is confirmed.

5.2 Additional services, extra guests, damages, losses, late departures or other chargeable items requested or incurred during a stay may be billed separately where lawful and reasonably applicable.

5.3 A booking may be cancelled by the Lodge if a required deposit or payment is not received by the stated deadline, provided that any applicable statutory rights and notice requirements are respected.

5.4 Payments made through third-party payment or booking systems are also subject to the security and processing procedures of those providers. We do not store full payment-card details where payment is processed entirely by a third-party payment provider.

6. CANCELLATIONS, AMENDMENTS, NO-SHOWS AND EARLY DEPARTURES

6.1 The cancellation and amendment conditions applicable to a particular rate or booking will be displayed or communicated before confirmation and/or recorded in the booking confirmation. Those conditions form part of the accommodation contract, subject always to applicable law.

6.2 Where the CPA applies, a guest has the right to cancel an advance reservation. The Lodge may charge a reasonable cancellation amount having regard to relevant circumstances, including the nature of the accommodation, the amount of notice given, the reasonable prospect of re-selling the accommodation, and general industry practice.

6.3 Where section 17(5) of the CPA applies, no cancellation fee will be imposed if the booking cannot be honoured because of the death or hospitalisation of the person for whom, or for whose benefit, the booking was made. Reasonable supporting documentation may be requested.

6.4 The general ECTA cooling-off right does not apply to an electronic transaction for accommodation where the supplier undertakes to provide the accommodation on a specific date or within a specific period. This does not remove any cancellation or other consumer rights available under the CPA or another applicable law.

6.5 Any charge relating to a no-show, shortened stay or early departure will be applied only in accordance with the confirmed rate conditions and applicable law.

6.6 Requests to change dates, room or unit type, guest numbers or other booking details are subject to availability and may result in a rate difference.

7. CHECK-IN, OCCUPANCY AND GUEST CONDUCT

7.1 Check-in and check-out times, maximum occupancy, identification requirements, key or access arrangements and any property-specific rules will be stated in the booking confirmation or communicated before arrival.

7.2 Only registered or authorised guests may occupy the accommodation, subject to the maximum occupancy for the room or unit.

7.3 Guests must behave reasonably and must not cause excessive noise, nuisance, damage, unlawful activity, harassment, danger or unreasonable disturbance to other guests, neighbours, staff or property.

7.4 The Lodge may require a guest or visitor to leave the property where there is serious or repeated misconduct, unlawful activity, material breach of these Terms or the house rules, or a genuine safety or security concern. Any financial consequences will be dealt with in accordance with the booking conditions and applicable law.

7.5 Smoking is permitted only in areas specifically designated for that purpose. Any room- or property-specific smoking rules communicated to guests must be observed.

8. DAMAGE, LOSS AND USE OF FACILITIES

8.1 Guests are responsible for taking reasonable care of the accommodation, furnishings, equipment, keys, remotes and other property made available to them.

8.2 The Lodge may recover the reasonable cost of repairing or replacing property that is lost or damaged through the deliberate act, recklessness, gross negligence or other legally attributable conduct of a guest or a person for whom that guest is responsible.

8.3 Facilities and equipment must be used only for their intended purpose and in accordance with any safety instructions.

8.4 Parking, where provided, is subject to availability and any on-site directions. Guests remain responsible for securing their vehicles and removing valuables from sight.

9. MEDICAL-STAY AND LOCATION DISCLAIMER

IMPORTANT: Cape Panorama Lodge provides accommodation. Its proximity to Panorama Mediclinic and other medical facilities is a location benefit only. Unless expressly agreed in writing for a specific service, the Lodge does not provide medical care, nursing, patient supervision, emergency transport, medical equipment, clinical advice or hospital services.

9.2 The Lodge is not responsible for medical decisions, treatment, appointments, admission, discharge, delays, outcomes or services provided by any hospital, clinic, doctor, pharmacy, ambulance service or other healthcare provider.

9.3 Guests who require medical assistance, mobility support, specialised equipment or supervision should make suitable arrangements with an appropriately qualified provider before arrival and inform the Lodge in advance of any accommodation-related accessibility requirement that may reasonably affect the stay.

10. THIRD-PARTY WEBSITES AND SERVICES

10.1 The Website may contain links to booking engines, maps, social networks, payment services, review platforms or other third-party websites. These services are operated independently and are subject to their own terms and privacy practices.

10.2 A link does not mean that the Lodge controls or guarantees the third party, its content, availability, security, products or services. We are not responsible for third-party content or acts except to the extent that liability cannot lawfully be excluded.

11. PRIVACY AND PERSONAL INFORMATION

11.1 Personal information submitted through the Website, by email, by telephone, via a booking platform or during a stay is processed in accordance with POPIA and the Lodge’s Privacy Policy.

11.2 Information may be processed where necessary to respond to enquiries, administer and fulfil bookings, process payments, provide guest services, meet legal or regulatory obligations, protect legitimate business and security interests, and communicate with you where legally permitted.

11.3 Where service providers process information on our behalf, reasonable steps are taken to use providers that are appropriate for the service and to protect personal information as required by applicable law.

11.4 Marketing communications will be sent only where permitted by law, and recipients may use the unsubscribe or opt-out method provided.

12. ELECTRONIC COMMUNICATIONS

12.1 By contacting the Lodge electronically, you consent to receiving booking-related and transactional communications by email, SMS, WhatsApp or another electronic channel you have used or authorised, where reasonably necessary to administer your enquiry or booking.

12.2 Electronic records, booking confirmations and notices are valid records of communications and transactions to the extent recognised by ECTA and other applicable law.

12.3 You are responsible for providing accurate contact information and for checking your email and other nominated communication channels.

13. INTELLECTUAL PROPERTY

13.1 Unless otherwise indicated, the Website content, branding, logos, text, photographs, graphics, design, layout and other materials are owned by or licensed to Cape Panorama Lodge and are protected by applicable intellectual-property laws.

13.2 You may view, download or print reasonable portions of the Website for personal, non-commercial use. You may not reproduce, republish, sell, scrape, commercially exploit, modify or distribute Website content without prior written permission, except where the law permits.

14. ACCEPTABLE USE AND WEBSITE SECURITY

You may not use the Website to:

• commit, encourage or facilitate unlawful, fraudulent, abusive or harmful conduct;
• introduce malware, malicious code or material designed to disrupt or damage systems;
• attempt unauthorised access to the Website, hosting environment, accounts, databases or connected systems;
• interfere with Website operation or place an unreasonable load on its infrastructure;
• misrepresent your identity or submit deliberately false booking or contact information; or
• copy, harvest or process Website content or personal information in a manner that violates applicable law or third-party rights.

15. IMPORTANT LIABILITY NOTICE

15.1 Nothing in these Terms excludes liability that cannot lawfully be excluded, including any rights or remedies available to a consumer under the CPA.

15.2 To the fullest extent permitted by law, the Lodge is not liable for indirect, special or consequential loss arising solely from the use of, or inability to use, the Website, including loss caused by internet outages, third-party systems, malware, unauthorised third-party interference or events outside the Lodge’s reasonable control.

15.3 The Lodge will take reasonable care in providing accommodation services. Guests must also take reasonable care for their own safety, belongings and use of facilities. Any exclusion or limitation of liability is subject to applicable consumer-protection law.

15.4 Personal belongings, luggage, documents, cash, electronic devices and vehicles remain at the guest’s risk except to the extent that loss or damage is caused by conduct for which the Lodge is legally liable.

16. EVENTS OUTSIDE REASONABLE CONTROL

16.1 The Lodge will not be treated as being in breach of contract for a delay or failure caused by an event genuinely beyond its reasonable control, such as severe weather, fire, flood, civil disturbance, utility failure, government restriction, public-health event, labour disruption, transport interruption or comparable emergency, provided that the Lodge acts reasonably in the circumstances.

16.2 If such an event materially affects a confirmed booking, the Lodge will communicate with the guest as soon as reasonably practicable and will address rescheduling, alternative accommodation, refunds or other remedies in accordance with the booking circumstances and applicable law.

17. COMPLAINTS AND DISPUTE RESOLUTION

17.1 If you have a complaint about the Website, an enquiry, a booking or your stay, please contact the Lodge promptly so that we have a reasonable opportunity to investigate and attempt to resolve the matter.

17.2 Complaints may be sent to stay@capepanoramalodge.co.za or raised using the contact details in clause 2.

17.3 Nothing in these Terms prevents a consumer from exercising any right to approach an appropriate ombud, consumer body, the National Consumer Commission, the Information Regulator, a court or another competent authority where applicable.

18. GOVERNING LAW AND JURISDICTION

18.1 These Terms and any dispute arising from the Website or a booking governed by these Terms are subject to the laws of the Republic of South Africa.

18.2 Subject to any consumer’s statutory right to approach a court or forum with jurisdiction, disputes may be dealt with by a competent South African court.

19. CHANGES TO THESE TERMS

19.1 The Lodge may update these Terms from time to time to reflect changes to the Website, services, business practices or applicable law.

19.2 The version published on the Website will show its effective or last-updated date. Changes will not retrospectively alter a confirmed booking except where required by law or expressly agreed with the guest.

20. GENERAL

20.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

20.2 A failure or delay by the Lodge to enforce a right does not amount to a waiver of that right.

20.3 These Terms, together with the applicable booking confirmation, specific rate conditions, house rules and Privacy Policy, constitute the relevant terms governing the Website use and accommodation transaction to which they apply.

20.4 If there is a conflict between these general Website Terms and a specific written booking confirmation, the specific booking terms will prevail for that booking to the extent of the inconsistency, subject always to applicable law.

21. CONTACT

For enquiries concerning these Terms, please contact:

Cape Panorama Lodge (Pty) Ltd
11 Heldersig Street, Panorama, Cape Town, Western Cape, South Africa, 7500
Telephone: +27 71 930 2027
Email: stay@capepanoramalodge.co.za
Website: www.capepanoramalodge.co.za