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Booking Conditions
Website and Booking Terms & Conditions
These Terms and Conditions apply to the use of the Candlewood Place website and to direct reservations made with Candlewood Place ("Candlewood Place", "we", "us" or "our"). Candlewood Place is operated personally by the owner of the accommodation property in Walmer, Gqeberha, Eastern Cape, South Africa.
By making a reservation, paying for accommodation, checking in, or otherwise accepting a booking, the person making the reservation ("Guest") agrees to these Terms and Conditions on behalf of themselves and, where applicable, all other persons included in the reservation.
Where a reservation is made through a third-party booking platform, the platform's applicable booking and payment conditions may also apply.
1. Accommodation
Candlewood Place provides short-term self-catering accommodation in Walmer, Gqeberha (Port Elizabeth), Eastern Cape, South Africa.
Accommodation, facilities and amenities are provided substantially as described on the website or applicable booking platform. Photographs are intended to represent the property accurately, although furnishings, equipment, landscaping and other minor details may change.
2. Reservations
A reservation is confirmed only once it has been accepted by Candlewood Place, any required payment has been received or authorised, and a booking confirmation has been issued.
Guests must provide accurate information when making a reservation. The person making the reservation must be at least 18 years old and have authority to make the reservation for all persons included in it.
3. Rates and Payment
Rates are quoted in South African Rand unless otherwise stated. The applicable accommodation rate, cleaning charge, taxes and other fees will be disclosed during booking or in the booking confirmation.
Payment must be made according to the terms applicable to the reservation. Candlewood Place may cancel an unpaid reservation where payment has not been received by the required date.
4. Occupancy
Occupancy may not exceed the number stated in the reservation or the maximum occupancy permitted for the property.
Only registered guests may stay overnight unless prior written permission has been obtained.
The Guest making the reservation is responsible for the conduct of all persons occupying or visiting the accommodation in connection with the booking.
5. Check-in and Check-out
Check-in and check-out times are specified in the booking confirmation. Early check-in and late check-out require prior approval and are subject to availability.
Unauthorised late departure may result in a reasonable additional charge where it causes additional costs or interferes with preparation for subsequent guests.
6. Cancellation and Changes
The cancellation policy applicable to the reservation will be displayed during booking and/or stated in the booking confirmation.
Any cancellation charge imposed by Candlewood Place will remain subject to applicable South African consumer law and will be reasonable having regard to the circumstances.
Reservations made through third-party platforms may additionally be subject to that platform's cancellation and refund rules.
7. House Rules
Guests must use the accommodation responsibly, respect neighbouring properties, keep noise at reasonable levels, comply with applicable law, take reasonable care of the property, and follow reasonable safety and security instructions.
Parties, functions, commercial events or organised gatherings are prohibited without prior written approval.
Illegal activity is prohibited.
Smoking and vaping inside the accommodation are prohibited.
8. Prohibited Pool and Private Area
A swimming pool exists elsewhere on the property but is not included in the guest accommodation or facilities and is not available for guest use.
The swimming pool and the surrounding private area are strictly prohibited to guests and visitors. Guests must not enter, access or use the pool or designated private area for any reason unless expressly authorised by the owner.
The Guest making the reservation is responsible for informing all accompanying guests, visitors and children of this restriction and for ensuring that persons under their supervision do not enter the prohibited area.
Any unauthorised entry into or use of the prohibited pool/private area constitutes a material breach of the house rules.
9. Visitors
Reasonable daytime visitors are permitted unless otherwise specified, provided they do not create a disturbance or cause occupancy restrictions to be exceeded.
The registered Guest remains responsible for visitors while they are on the property.
10. Damage and Loss
Guests are responsible for reasonable repair or replacement costs arising from intentional damage, negligence, misuse or failure to take reasonable care by themselves or persons for whom they are responsible. Normal wear and tear is excluded.
Damage should be reported promptly.
11. Parking and Vehicles
Parking is provided subject to the arrangements applicable to the reservation.
Vehicles and their contents remain the responsibility of their owners and users. Guests should lock vehicles and secure valuables.
To the fullest extent permitted by law, Candlewood Place and its owner accept no liability for theft, loss of or damage to vehicles or their contents, except where liability may not lawfully be excluded.
12. Personal Property
Guests are responsible for their money, documents, electronic devices, luggage and other personal property.
To the fullest extent permitted by law, Candlewood Place and its owner accept no liability for theft, loss, destruction or damage to personal property, except where liability may not lawfully be excluded.
Reasonable efforts may be made to return property left behind, with reasonable delivery or courier costs for the Guest's account.
13. Wi-Fi, Utilities and Third-Party Services
Wi-Fi and utilities are provided as amenities and uninterrupted availability, speed or performance cannot be guaranteed.
Candlewood Place and its owner will not be liable, to the fullest extent permitted by law, for interruption or failure of electricity, water, internet, telecommunications or other third-party services arising from circumstances outside the owner's reasonable control.
14. Maintenance and Access
The owner or an authorised service provider may require reasonable access to address emergencies, safety issues, maintenance, repairs or circumstances affecting the property. Except in emergencies, reasonable efforts will be made to notify guests.
15. Guest Conduct and Termination
A Guest may be required to leave for serious or repeated unlawful activity, threatening or abusive conduct, deliberate property damage, excessive disturbance, unauthorised parties, material occupancy violations, entry into prohibited areas, or conduct creating a significant safety risk.
Any resulting charges remain subject to applicable law.
16. Limitation of Liability
Guests occupy and use the accommodation and permitted facilities at their own risk to the fullest extent permitted by South African law.
To the fullest extent permitted by law, Candlewood Place and its owner shall not be liable for death, personal injury, illness, theft, loss, damage, accident, inconvenience, interruption, indirect loss or consequential loss arising from a Guest's stay, use of the accommodation, acts or omissions of third parties, criminal activity, utility interruption, weather, force majeure, or circumstances outside the owner's reasonable control.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including any liability arising from gross negligence where exclusion is prohibited by applicable law.
The existence of public liability insurance does not create or extend liability beyond liability imposed by applicable law and the terms of the relevant insurance policy.
17. Indemnity
To the fullest extent permitted by law, each Guest indemnifies and holds harmless Candlewood Place and its owner against claims, losses, liabilities, damages, costs or expenses arising from the Guest's unlawful conduct, negligence, intentional or reckless conduct, misuse of the property, breach of these Terms, unauthorised access to prohibited areas, or conduct of persons for whom the Guest is responsible.
This indemnity does not apply where, or to the extent that, applicable South African law prohibits such an indemnity.
18. Privacy
Personal information is processed in accordance with the Candlewood Place Privacy Policy and POPIA Notice.
19. Third-Party Services
Third-party booking platforms, payment processors and other independent suppliers operate under their own terms and privacy policies. Candlewood Place is not responsible for independent third-party acts or omissions except where applicable law provides otherwise.
20. Website Content
The Candlewood Place name, branding, photographs, graphics and original website content may not be reproduced or commercially used without permission except where permitted by law.
21. Applicable Law
These Terms are governed by the laws of the Republic of South Africa.
No provision is intended to waive a statutory right that cannot legally be waived, including rights under the Consumer Protection Act 68 of 2008.
22. Contact
Questions regarding reservations or these Terms may be directed to Candlewood Place using the contact details published on the website.
Privacy Policy and POPIA Notice
Candlewood Place is operated personally by the owner of the accommodation property in Walmer, Gqeberha, Eastern Cape, South Africa. For purposes of the Protection of Personal Information Act 4 of 2013 ("POPIA"), the owner is the responsible party for personal information processed directly by Candlewood Place.
1. Information We May Collect
Depending on your interaction with Candlewood Place, information may include:
- name and surname;
- email address;
- telephone number;
- residential or billing information;
- identification information where reasonably required;
- booking dates and guest details;
- booking preferences and communications;
- payment and transaction information;
- information required for refunds or deposits;
- information relating to previous stays, damage, incidents or complaints;
- IP address and technical website information;
- information submitted through enquiry or booking forms;
- information received through authorised booking platforms.
Only information reasonably required for a lawful and legitimate purpose will be collected.
2. Purposes of Processing
Personal information may be processed to:
- respond to enquiries and provide quotations;
- process and administer reservations;
- communicate before, during and after a stay;
- process payments, deposits and refunds;
- provide check-in and access information;
- provide accommodation and guest services;
- maintain financial and booking records;
- comply with tax, accounting and legal obligations;
- manage security and property access;
- investigate incidents, complaints, damage or disputes;
- prevent fraud and misuse;
- maintain and secure the website and systems;
- obtain legitimate guest feedback; and
- conduct marketing where permitted by law.
3. Lawful Processing
Personal information will be processed only where permitted under POPIA, including where processing is necessary for a contract, legal obligation, legitimate interest, protection of a legitimate interest, or where valid consent is required and obtained.
4. Booking Platforms and Payment Providers
Third-party booking platforms and payment processors may independently process personal information under their own privacy policies.
Candlewood Place may receive information reasonably necessary to administer a reservation.
Where possible, complete payment-card information is not stored directly by Candlewood Place.
5. Sharing of Information
Information may be disclosed where reasonably necessary to service providers such as booking platforms, payment processors, accounting providers, hosting and technology providers, security providers, professional advisers and competent authorities.
Cleaning or property service providers will receive personal information only where reasonably necessary for the service being performed.
Candlewood Place does not sell guest personal information.
6. Security
Reasonable technical and organisational safeguards will be used to protect personal information against unauthorised access, loss, misuse, alteration or disclosure.
No internet-based system can be guaranteed completely secure.
7. Retention
Personal information will not be retained longer than reasonably necessary unless continued retention is required or permitted by law.
Financial, booking and transaction information may be retained for applicable accounting, tax, legal and record-keeping periods.
8. Cookies and Website Technology
The website may use cookies and similar technologies for operation, security, preferences, analytics and booking functionality.
Where legally required, appropriate choices will be provided for non-essential cookies.
9. Data Subject Rights
Subject to POPIA and applicable limitations, a data subject may request confirmation of whether information is held, access to personal information, correction of inaccurate information, deletion or destruction where legally applicable, objection to certain processing, or withdrawal of consent where processing depends on consent.
Information may continue to be retained where required or permitted by law.
10. Direct Marketing
Electronic direct marketing will only be undertaken where permitted by applicable law. An appropriate opt-out method will be provided where required.
Operational communications relating to an existing booking are not treated as marketing communications.
11. Cross-Border Processing
Some booking, cloud, technology or payment providers may process information outside South Africa. Where applicable, reasonable measures will be taken to ensure cross-border processing complies with POPIA.
12. Security Incidents
Suspected unauthorised access or acquisition of personal information will be handled in accordance with applicable POPIA requirements, including applicable notification obligations.
13. Complaints and Requests
Privacy requests or complaints may be submitted to Candlewood Place through the contact details published on the website.
A data subject may also lodge a complaint with the South African Information Regulator where applicable.
14. Changes
This Privacy Policy may be updated to reflect legal, operational or technological changes. The latest version will be published on the Candlewood Place website.
Guest Indemnity, Risk and Liability Notice
IMPORTANT: PLEASE READ CAREFULLY. This document contains provisions relating to risk, indemnity, assumption of responsibility and limitation of liability. It forms part of the conditions applicable to a stay at Candlewood Place.
The owner intends, to the fullest extent permitted by South African law, to exclude liability for risks associated with a Guest's occupation and use of the accommodation. However, no disclaimer or indemnity can lawfully exclude every form of liability. Nothing in this document excludes liability that applicable South African law prohibits the owner from excluding or limiting.
1. Occupation at Guest's Risk
To the fullest extent permitted by law, Guests enter, occupy and use Candlewood Place and its permitted facilities at their own risk.
Guests are responsible for exercising reasonable care for their own safety and the safety of persons under their supervision.
2. Pool and Private Area Strictly Prohibited
A swimming pool exists on the wider property but does not form part of the guest accommodation or guest facilities.
Guests and their visitors are strictly prohibited from entering, accessing or using the swimming pool and its surrounding private area.
The Guest making the booking must inform all accompanying persons and visitors of this restriction.
Children and other persons requiring supervision remain the responsibility of their parent, guardian or responsible adult. They must not be allowed to enter the prohibited pool/private area.
Unauthorised entry into or use of the pool/private area is entirely outside the permitted use of the accommodation and constitutes a material breach of the booking conditions.
3. Children and Supervision
Candlewood Place does not provide childcare or supervision.
Parents, guardians and responsible adults remain responsible for children and persons under their supervision throughout the stay, including around driveways, kitchens, electrical equipment, outdoor areas and property boundaries.
4. Slips, Trips and Ordinary Household Risks
Guests must take reasonable care around bathrooms, showers, paving, lawns, entrances, exits and outdoor areas, particularly where surfaces are wet or uneven.
Guests acknowledge the ordinary risks associated with occupying a residential property.
5. Personal Injury and Illness
To the fullest extent permitted by law, Candlewood Place and its owner accept no liability for death, personal injury, illness or accident suffered by a Guest or visitor during or in connection with a stay where the loss or injury is not caused by liability which the owner is legally prohibited from excluding.
6. Vehicles
Vehicles are parked at the owner's risk.
Guests should lock vehicles and secure valuables.
To the fullest extent permitted by law, Candlewood Place and its owner accept no liability for theft, loss of or damage to any vehicle or its contents.
7. Personal Property
Guests remain responsible for cash, luggage, jewellery, electronic equipment, documents and other belongings.
To the fullest extent permitted by law, Candlewood Place and its owner accept no liability for theft, loss, destruction or damage to personal property.
8. Security
Security measures are intended to reduce risk but cannot guarantee that criminal activity will not occur.
Guests must make reasonable use of locks, access controls and security facilities provided and must not provide access codes, keys or security information to unauthorised persons.
To the fullest extent permitted by law, the owner accepts no liability for loss or injury resulting from criminal acts by third parties unless such liability cannot lawfully be excluded.
9. Appliances and Equipment
Appliances, gas equipment, electrical equipment and other facilities must be used only for their intended purposes.
Suspected gas leaks, electrical faults, water leaks, equipment defects or other unsafe conditions must be reported immediately and affected equipment must not be used until assessed.
10. Utilities, Internet and Events Beyond the Owner's Control
To the fullest extent permitted by law, the owner accepts no liability for loss, inconvenience or damage resulting from municipal electricity or water interruptions, load shedding, internet or telecommunications failures, severe weather, natural events, government restrictions, third-party service failures or other circumstances outside the owner's reasonable control.
11. Guest Conduct
Guests are responsible for loss, injury or damage caused by their own unlawful, negligent, intentional or reckless conduct, misuse of the property, breach of house rules, or the conduct of persons for whom they are responsible.
12. Damage to Property
Guests may be liable for the reasonable cost of repairing or replacing property damaged or lost through intentional conduct, misuse, negligence or failure to exercise reasonable care.
Normal wear and tear is excluded.
13. Indemnity
To the fullest extent permitted by South African law, each Guest indemnifies and holds harmless Candlewood Place and its owner from claims, liabilities, losses, damages, costs and expenses arising from:
- the Guest's negligence, intentional or reckless conduct;
- unlawful conduct;
- misuse of the property or facilities;
- breach of booking conditions or house rules;
- unauthorised access to prohibited areas;
- acts or omissions of the Guest's visitors; or
- acts or omissions of persons for whom the Guest is responsible.
This indemnity does not apply to the extent that an indemnity or exclusion is prohibited by applicable law.
14. Maximum Lawful Exclusion of Liability
It is the intention of these conditions that liability of Candlewood Place and its owner be excluded to the maximum extent legally permissible.
Nothing in this document is intended to exclude or limit liability where exclusion or limitation would be unlawful, including liability that may not be excluded under the Consumer Protection Act 68 of 2008.
If any exclusion or limitation is found unenforceable, it must be interpreted as narrowly as necessary so that the remaining provisions continue to operate to the maximum extent permitted by law.
15. Public Liability Insurance
The owner intends to maintain a standard public liability insurance policy in respect of the property.
The existence of insurance does not constitute an admission or assumption of liability, does not guarantee that any particular event or claim is insured, and does not extend the owner's legal liability beyond that imposed by applicable law.
Any insurance claim remains subject to the terms, conditions, exclusions, excesses and limits of the applicable insurance policy.
16. Emergencies
In an emergency involving immediate danger to life, health or property, Guests should contact the appropriate emergency services first and thereafter notify Candlewood Place as soon as reasonably possible.