Terms & Conditions

Acceptance of Terms

The Grobler Property Trust, doing business as The Unbound (The Unbound), 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 we offer 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, layouts, 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 The Unbound. 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 The Unbound 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 The Unbound takes reasonable measures to ensure that the contents of this Website are accurate and complete, The Unbound 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. The Unbound 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.

The Unbound will use reasonable endeavors 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, The Unbound 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. The Unbound accepts no responsibility for any errors or omissions on this Website.

YOU AGREE, AS A CONDITION OF YOUR OCCUPATION OF OR RESIDENCE AT THE ACCOMMODATION FACILITY, THAT THE ACCOMMODATION FACILITY AND THE OWNER, MANAGER AND/OR OPERATOR OF THE ACCOMMODATION FACILITY 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 FACILITIES IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.

Disclaimer

Please note there is a risk involved when leaving goods unattended, and all goods should be stored in a safe place. While we will endeavor to ensure your personal safety and that of your property, we wish to make you aware that neither the employees, management not owners of The Unbound will in any way be liable or responsible for any damage, loss, injury, or otherwise caused beyond our reasonable control, whilst you staying or eating on the premises. We wish to advise that management reserves entry to The Unbound, and we reserve the right to terminate entry or accommodation for any reason whatsoever.”

The Unbound provides an accommodation facility of reputable standards clients should take note that The Unbound can accept no liability if the premises being provided don’t adhere to their requirements and 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 The Unbound;
  • services or ancillary services for instance WI FI not being available due to any circumstances beyond The Unbound’s 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 house. In all instance if such repair works are needed The Unbound 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 The Unbound 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 without the business reasonable control.

Rates

Unless otherwise communicated, the rates advertised or communicated include tourism levies, service charges, credit card fees, taxes, and other similar third party charges.

Child Policy and single/extra adults supplement

  • An extra baby cot can be added to any of the rooms on request at no additional charge for children 2 years and younger. 
  • The Unbound charges per night for the full house up to 6 guests.  An additional amount is payable for extra people sleeping over to a maximum of 8 guests.

Payment Policy

Payment for any reservations or other services for which fees may be charged by The Unbound shall be 100% payable on reservation. The guest is obliged to vacate the house and check-out by the time communicated to him by The Unbound’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 The Unbound.
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 The Unbound to deduct or debit your credit card for payments for services rendered. Your signature shall not be required for authorisation purposes.


GUESTS may be required to produce the card used to pay any deposit together with a valid ID prior to check-in at The Unbound.

Cancellations and Refunds

We may impose a cancellation fee in the event of cancellation before date of arrival. The fee will depend on the nature of the reservation and the length of notice of cancellation before the reservation date. No refunds on deposits in the event of specialized services already ordered. In the event of cancellation due to the death or hospitalization of the person for whose benefit the reservation was made, the full amount will be returned or, if so agreed between both parties, will be kept in credit to be utilized for a different date.

  1. Deposits and cancellation fees are calculated on the full booking value.
  2. On receipt of a payment a written Booking Confirmation / Receipt will be forwarded to the client.
  3. All major credit/debit cards, EFTs and cash are accepted, but regret no foreign currency can be processed. Banks require proof of “card present” for credit cards – a copy or imprint of the front
    of all presented credit cards for payments of larger than R5000 will be requested, as well as a copy of your ID / Passport when settling with a credit card.
  4. The Unbound will retain the full payment in the case of cancellations made within 14 days of arrival date, and in the case of “No Shows”.
  5. A 100% refund on payments received will apply to bookings cancelled more than 30 days prior to arrival.
  6. A 50% refund on payments received will apply to all bookings cancelled less than 30 but more than 14 days prior to arrival.
  7. Exceptions will be made for cancellations due to positive Covid-19 tests, in which case the deposit will be refunded or a credit will be given to be used for bookings at a later stage.
  8. After check-in, no refunds will be offered for shortened stays.
  9. Rates and tariffs include VAT @ 15%.

Conditions of Residence

  • Check-in time on the day of arrival: 2pm – 10pm. Please make prior arrangements with the manager on duty if you anticipate an early check-in.
  • Check-out time on the day of departure: 11am. Please make prior arrangements with the manager on duty if you anticipate a late check-out.
  • Noise policy: Please consider other guests at all times and keep noise levels to a minimum.
  • Smoking policy: Kindly note that NO SMOKING, vaping, or e-cigarettes are allowed inside or outside the house. Cape Fynbos present a high fire risk.
  • Visitor’s policy: Guests are welcome to entertain visitors, but no parties are allowed, and no unregistered and unpaid guests are allowed on the premises after 10pm.
  • Safety & Security: We are thankful to live in a safe area, but guests are requested to remove all items from their cars when parked outside and store valuables out of sight in the house.
  • Off-Grid and Solar Power: The Unbound is 100% off-grid. While we have a relatively large power storage capacity, the onus is on visitors to use electricity sparingly, especially on cloudy days, to ensure there is power available for the duration of their stay.
  • Close and Lock Doors and Windows: Please close and lock all windows and doors when you leave the house to go out for the day. All damage caused by baboons due to unlocked doors and windows while nobody is at the house will be for the guest’s account.
  • Eco-friendly and environmentally conscious: Please think twice before using the air-conditioners. This convenience is meant to offer comfort on the occasional VERY hot days. Thank you for assisting us in our effort to use energy and our natural resources responsibly.

You warrant that you are duly authorized 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 The Unbound.

You agree to pay not later than the time of departure (unless prior written arrangements have been made with The Unbound’s management) the room rate as determined by The Unbound 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 The Unbound. Periodic payments must be made if the account exceeds the credit limit designated by The Unbound, and accounts are payable on presentation.

A certificate from The Unbound’s manager prima facie shall constitute proof of your indebtedness and of the particulars therein for all purposes, including any action instituted by The Unbound against you.
You agree that after your departure, The Unbound may retain goods left behind by you and authorise The Unbound, 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 The Unbound’s discretion at such price as The Unbound 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 The Unbound.

YOU HEREBY AGREE, AS A CONDITION OF YOUR OCCUPATION OF OR RESIDENCE AT THE UNBOUND, THAT THE UNBOUND AND THE OWNER, MANAGER AND/OR OPERATOR OF THE UNBOUND AND THEIR AFFILIATES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY “THE SUPPLIER “) 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 SUPPLIER. YOU ACCORDINGLY HEREBY IRREVOCABLY AND UNCONDITIONALLY INDEMNIFY AND AGREE TO HOLD HARMLESS THE SUPPLIERS IN RESPECT OF ANY RESPONSIBILITY AND/OR LIABILITY AS AFORESAID.

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 The Unbound is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because The Unbound has no control over such external sites and resources, you acknowledge and agree that The Unbound 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

THE UNBOUND 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 THE UNBOUND.

YOU HEREBY INDEMNIFY THE UNBOUND 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 The Unbound OR ONE THAT PURPORTS TO EMANATE FROM THE UNBOUND, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF THE UNBOUND.

Changes to these Terms and Conditions

The Unbound 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

The Unbound 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 The Unbound 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.

Furthermore, if any marketing emails or sms’s are sent to consumers they must be given the opportunity to opt out or option to cancel and when sending these data messages, the identifying particulars of the source from which the consumers personal info was obtained, must be supplied.