Legals

Privacy Policy

Diaz Ocean View Hotel services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Diaz Ocean View Hotel (referred to in this Privacy Notice as “Diaz Ocean View Hotel” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Diaz Ocean View Hotel may collect, how Diaz Ocean View Hotel uses and safeguards that information, and with whom we may share it.

Diaz Ocean View Hotel encourages our customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Diaz Ocean View Hotel by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Diaz Ocean View Hotel may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service, includes the following categories:

All Information in our credit application and COD forms;
Information relating to credit profiles form credit bureau and disclosed references in applications;
Bank codes of clients/debtors;
Name and contact information (e.g. address; phone number; email, fax);
Billing Information (e.g. credit card, bank account, billing contact information);
Order Information (e.g. current order/purchase information, purchase history, shipping details);
Travel Information (e.g. booking numbers, passport information, flight numbers, travel details);
Company/employer information;
Geographic or location information;
Information contained in posts you make on the public forums and interactive features of the Service.;
Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.;

Collection of User Generated Content

We may invite you to post content on the Service, including your comments and any other information that you would like to be available on the Service, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Diaz Ocean View Hotel. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement or content publicly on the Service.

What are the sources of personal information collected by Diaz Ocean View Hotel?

When providing personal information to Diaz Ocean View Hotel as described in this Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. Diaz Ocean View Hotel does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used, if the information in that section is considered personal information or if information is collected from third parties, which have been consented to during contractual agreements or applications completed by our clients/potential clients.

Why does Diaz Ocean View Hotel collect your personal information?

Subject to the terms of this Privacy Notice, Diaz Ocean View Hotel uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

to administer the Service to you;
to respond to your requests;
to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
to send to you Diaz Ocean View Hotel solicitations, product announcements, and the like that we feel may be of interest to you. Please note that you may “opt out” of receiving these marketing materials;
in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary.

Diaz Ocean View Hotel does not sell, re-sell, or distribute for re-sale your personal information.

When we collect and use your personal information?

In addition to the below reasons, Diaz Ocean View Hotel will collect and use your personal information;

Provide services and products to clients and potential clients, when placing orders, completing application forms/COD forms and request quotations.
To implement legal proceedings where necessary.
To contact registered credit bureau’s for client profile applications for information relating directors, members and business profiles and any other related information from credit bureaus necessary to conduct business with our clients.
To submit information to registered credit bureaus and other creditors of clients/debtors as per agreement in applications.
In order to deliver services to you, we make use of third parties. Your personal information will be shared with approved, third parties relevant for the completion and fulfillment of our duties to render services to you, such as but not limited to, auditors/tax specialist, IT support and management of systems, servers, cloud services, marketing and social media agencies, legal advisors and debt collection.

Direct Marketing Communications

We may communicate with you using email, SMS, Social Media, and other channels (sometimes through automated means) as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request through via email to info@diazoceanviewhotel.co.za, or by using the UNSUBSCRIBE link in any email communication you may have received.

Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with Diaz Ocean View Hotel.

In addition to the communication described here, you may receive third-party marketing communications from providers we have engaged to market or promote our products and services. These third-party providers may be using communications lists they have acquired on their own, and you may have opted-in to those lists through other channels. If you no longer wish to receive emails, SMSs, or other communications from such third parties, you may need to contact that third party directly.

Retention of Data

Diaz Ocean View Hotel will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Diaz Ocean View Hotel will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.

Cookies, Device Data, and How it is Used

When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. Diaz Ocean View Hotel uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies:

domain name;
browser type and operating system;
web pages you view;
links you click;
IP address;
the length of time you visit the Sites, Portals, and/or Services;
the referring URL or the webpage that led you to the Sites;

We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).

In addition, we may use "cookies," clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and the portion of the Service you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Our cookies can only be read by Diaz Ocean View Hotel; they do not execute any code or virus; and they do not contain any personal information. Cookies allow Diaz Ocean View Hotel to serve you better and more efficiently, and to personalize your experience with the Service. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Service, and to deliver content (which may include third party advertisements) specific to your interests.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the Service. We may permit these service providers to use cookies and other technologies to perform these services for Diaz Ocean View Hotel. We do not share any personal information about our customers with these third-party service providers, and these service providers do not collect such personal information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice.

International Data Transfer

If you are located outside the South Africa, in particular if you are located in Switzerland, the United Kingdom, or the European Economic Area (“EEA”), please note that have servers located multiple datacenter locations worldwide, including but not limited to South Africa, the United States of America, the European Union, the United Kingdom, India and Asia. Any information that you provide to us may be transferred to and processed in South Africa or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will attempt to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By using our Service, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

For individuals located outside the South Africa, in particular in Switzerland, the United Kingdom and the European Economic Area (EEA), please note that Diaz Ocean View Hotel is a South African based company. Thus, users of the Service should not expect to avail themselves of the rights provided under the EU’s General Data Protection Regulation (“GDPR”). If you use the Service, all information, including personal information, will be transferred to Diaz Ocean View Hotel in South Africa. By using the Service, you unambiguously consent to the transfer of your personal information and other information to the South Africa and elsewhere for the purposes and uses described in this notice. Further, you acknowledge that Diaz Ocean View Hotel is not subject to the GDPR or similar international privacy laws, and, therefore, you will be unable to claim the privacy rights provided in those laws.

We may use third party service providers to help us deliver certain services, and it may result in the processing of personal information in data centers and locations outside of the South Africa. For example, these service providers may provide us with essential information technology or tools we use to run our business. We may permit these service providers to process our business information and/or your personal information. We do not permit these service providers to process any personal information outside of a contract, and these service providers may collect personal information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice.

European Union Data Privacy Rights

If you are located in the EEA, the General Data Protection Regulation (“GDPR”) grants you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. Diaz Ocean View Hotel will retain your personal information for the length of time you engage with our services as described in the retention section of this Notice, until you request deletion of such personal information.

In certain circumstances, you have the following data protection rights:

The right to access, update, or delete the personal information we have on you;
The right of rectification. You have the right to have your personal information rectified if that information is inaccurate or incomplete;
The right to object. You have the right to object to our processing of your personal information;
The right of restriction. You have the right to request that we restrict the processing of your personal information;
The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format;
The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order make a request regarding your personal information, please contact us via e-mail on info@diazoceanviewhotel.co.za, this may take 30 days to respond to your request and in some cases, we may require proof of identity.

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us at info@diazoceanviewhotel.co.za in order to allow us to resolve the matter. In addition, if you are located in the EEA, you may submit a complaint regarding the processing of your personal information to the EU data protection authorities (each a “DPA”). The following link may assist you in finding the appropriate DPA: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Legal Basis for Processing under GDPR

If you are located in the EEA, our legal basis for collecting and using the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

We need to perform a contract with you;
You have given us consent to do so;
The processing is in our legitimate interest to offer the Service, when that legitimate interest is not overridden by your rights;
To comply with the law.

Where personal information is processed based on consent, EU residents have the right to withdraw such consent at any time. To do so, please contact us as described in this Notice. If there is a different legal basis that would permit us to continue processing your personal information after withdrawing consent, we will notify you of that legal basis at the time of your request.

South African Privacy Rights

If you are a South African resident, South Africa law may provide you with certain rights with regard to your personal information under the Protection of Personal Information Act (“POPIA”) and Promotion of Access to Information Act (“PAIA”).as well the Consumer Protection Act Throughout this Privacy Notice you will find information required by POPIA regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

As a South African resident, the POPIA and PAIA provide you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure or action your personal information, including:

If your personal information is collected by us.
The specific pieces of personal information collected about you.
The ability to correct or delete certain personal information collected about you.
The ability to delete all the personal information collected about you, subject to certain exceptions.
To opt-in or opt-out of direct marketing to you.
To object to processing of your personal information, or
Appeal any rejection of access to your personal information

You may submit a request regarding your rights under POPIA or PAIA by submitting a request through e-mailing info@diazoceanviewhotel.co.za or by contacting us in writing at one of the following address: 41 Beach E Blvd, Voor Bay, Mossel Bay, 6506.

If we receive a POPIA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Diaz Ocean View Hotel and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, and/or the contact information submitted to make the request).

Diaz Ocean View Hotel does not knowingly collect or process the special personal information such as your religious or philosophical beliefs, race or ethnic origins, trade union memberships, political persuasion, health or sex life, or your criminal behavior or biometric information.

If you have a comment, question, or complaint about how we are processing your personal information, we hope that you contact us at info@diazoceanviewhotel.co.za in order to allow us to resolve the matter. In addition, if you are located in the Republic of South Africa, you may submit a complaint regarding the processing of your personal information to the Information Regulator at the following link: https://www.justice.gov.za/inforeg/contact.html.

Third Party Advertisers

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Service. These third-party ad servers or ad networks use technology to send, directly to your device, the advertisements and links that appear on the Service. They automatically receive your device ID and IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Notice does not apply to them, and we cannot control their activities.

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Diaz Ocean View Hotel is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

WhatsApp / Telegram and other Instant Messanger Groups

Should you elect to remain in a Diaz Ocean View Hotel manages group, it will be accepted that you have consented to being a part of the group and to your personal information (being your cell phone number and name) being visible to any person in the relevant group. We implore on all group members not to make use of such personal information for whatsoever reason, without obtaining the consent of the relevant person. If you do not consent to being in a Diaz Ocean View Hotel managed group please remove yourself from the relevant group or contact us at info@diazoceanviewhotel.co.za. By remaining on the relevant group(s) it is accepted as consent.

You hereby acknowledge and agree that Diaz Ocean View Hotel is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Diaz Ocean View Hotel from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Children’s Privacy

The Service is not intended for children under the age of 18, and Diaz Ocean View Hotel does not knowingly collect the personal information of children under the age of 18.

Changes to this Privacy Notice

Diaz Ocean View Hotel reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Diaz Ocean View Hotel will post the revised Notice on our website. This Privacy Notice was last modified on 04 May 2023.

Contact Us

If you have any questions or comments about this Privacy Notice or the Service provided by Diaz Ocean View Hotel, please contact us, by writing 41 Beach E Blvd, Voor Bay, Mossel Bay, 6506 or via e-mail at info@diazoceanviewhotel.co.za or telephonically via +27 44 010 0255.

Property Terms and Conditions

The terms and conditions and the use of this website are provided by Diaz Ocean View Hotel (‘the Hotel’), its subsidiaries, affiliates and related entities. By using this website and clicking the ‘I AGREE’ or ‘ACCEPT’ button herein, the user shall be deemed to have agreed to all the terms and conditions as provided on this website.

This agreement constitutes the whole agreement between the parties and no warranties or representations, whether express or implied not stated herein shall be binding on the parties. No agreement at variance with the terms and conditions herein shall be binding on the parties unless reduced to writing and signed by or on behalf of the parties by duly authorised persons.

This agreement shall be governed by the Laws of the Republic of South Africa. In the event of the Hotel having to institute legal proceedings against the Customer in terms of this Agreement, the Customer agrees to pay the Hotel all costs incurred in respect of such action on a scale as between attorney and own client including collection commission.

These terms and conditions apply mutatis mutandis not only to any future contract(s) between the Hotel and the Customer for accommodation and services but also to the agreement between the Hotel and the Customer in terms of which a credit facility is granted to the Customer by the Hotel.

All bookings under this agreement shall be subject to the following terms and conditions:

GENERAL TERMS & CONDITIONS FOR RESERVATIONS AND BILLING

You warrant that by making this booking, you are over the age of 18 and that all information given by you to the Hotel is accurate, true and correct.
Whilst every effort is made to update the information provided on this website, the Hotel accepts no liability for the accuracy and/or completeness of the information provided.
The Hotel accepts no liability for any loss or damage to your computer or interception, or use, of your credit card information, as howsoever caused.
Unless stated otherwise in the face hereto, all invoices shall be due and payable upon presentation. Queries in respect of specific invoices shall not affect the immediate payment of any other outstanding amounts.
The Hotel reserves the right to change the name and location of the guest’s previously designated room upon having given reasonable notice to do so.
The provision of standard operating apparel and/or equipment, such as linen, used by the Hotel shall be dependent on availability.
If any amount owed by the Guest is not paid on the due date, then without prejudice to any other right it may have, the Hotel may immediately suspend the carrying out of any of its then uncompleted obligations until the payment is made.
The signature of any employee or agent of the Hotel which appears on the Hotel’s official invoice will constitute prima facie evidence of the supply of the accommodation and services.
The Hotel has the right not to accommodate the Customer without an original order/voucher or confirmation letter with clear billing instructions, in the event of a booking made by a third party on behalf of the customer.
A certificate signed by the General Manager or Financial Controller of the Hotel showing the amount owing by the Customer at any one time and reflecting the amount thereupon as due and unpaid shall be prima facie proof of the effect therein stated for the purpose of any action whether by way of provisional judgement (or otherwise) shall be sufficient proof of the Customer’s indebtedness on insolvency or for any other purpose whatsoever.
Any indulgence shown to the Guest shall not constitute a waiver or ovation of the Hotel’s rights.
The parties choose as their respective domicilia citandi et executandi for the effective service of all notices and legal processes following from this agreement, the trading/residential addresses and fax numbers set out on the face hereto. The parties shall be entitled to change their respective domicilia citandi et executandi from time to time by giving written notice of an alternative address within the Republic of South Africa to the other party to this agreement, which notices shall take effect upon receipt of such notice of change by the addressee. All notices required to be given in terms of this agreement shall be in writing and shall either be delivered by hand to the domicilium as set out therein or be forwarded by pre-paid registered post to the postal address set out therein, in which latter event it shall be deemed to have been received by the addressee on the 7th (seventh) day after posting. Any notice faced to the fax number of a party shall be regarded as properly delivered on the 1st (first) business day following the day on which the fax was successfully transmitted, provided that it has been confirmed by registered letter posted no later than the business day immediately following the date of transmission.

RATES AND DEPOSIT POLICY

All rates are inclusive of 15% VAT.
On booking, a 50% deposit is immediately payable. The full account must be settled by the date of check-in. Guests will not be checked in until the reservation has been paid for in full.
Certain rate products and periods will be subjected to further deposit, guarantee and cancellation policies which will override the above and be enforced. This information is communicated at the time of booking.
Should the guest fail to pay such deposit by the date indicated on the face of this agreement, or within 7 days of being requested to do so, the Hotel shall deem the booking to be cancelled.
A minimum stay of 5 nights is required for reservation of the Penthouse.
EARLY DEPARTURE AND CANCELLATION POLICY
If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.
No refunds will be granted upon early departure.
An administration fee of 20% will be payable by the Customer to the Hotel on all cancellations.

Should the booking be cancelled in WRITING:

22 to 30 days or more prior to the agreed date, 75% of the deposit will be refunded.
15 to 21 days prior to check-in, 50% of the deposit will be refunded.
8-14 days prior to check-in, 25% of the deposit will be refunded
0 to 7 days prior to check-in, 0% of the deposit will be refunded.
All NO shows and same-day cancellations will be charged the full amount due.
If the Guest fails to arrive by 19:00 on the agreed date of arrival, the Hotel shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.
The Hotel may insist on the correct rate being paid if an error on the accommodation invoice is detected even after the deposit payment has been made. If the Guest does not agree to pay the difference, the Hotel reserves the right to cancel the reservation and refund the full amount originally paid back to the Guest without any further obligation from the Hotel to find other suitable/similar accommodation on behalf of the Guest.
The Hotel reserves the right to cancel any booking forthwith and without liability on its part in the event of damage to, or destruction of, the allocated causes beyond the control of the Hotel which shall prevent it from performing its obligations in connection with any booking.
The Hotel may cancel the accommodation contract or any uncompleted part of it if the Customer commits a breach of any of the terms of conditions of this contract; or, is provisionally or finally sequestrated or surrenders or makes an application to surrender his estate; or, being a partnership, the partnership terminated; or, being a company or close corporation, is placed under a provisional or final order of liquidation or judicial management; or, has a judgement recorded against it which remains unsatisfied for 7 days; or, compromises or attempts to compromise generally with any of the Customer’s creditors. The Hotel’s rights as aforesaid shall not be exhaustive and shall be in addition to its common law rights.
Upon the cancellation of the contract for any reason whatsoever, all amounts owed by the Customer to the Hotel in terms of the contract shall become due and payable forthwith. In such circumstances, the Customer herewith cedes, assigns and transfers as security for the payment by the Customer of all amounts due by them to the Hotel, all its right, title and interest in and to all claims of whatsoever nature and howsoever arising which the client may have against its own debtors, without any limitation whatsoever, and the Hotel would then be entitled to recover the amount due to it by the Customer directly from such a debtor or debtors.

CONDITIONS OF RESIDENCE

The guest will be required to sign the registration card on arrival and he/she agrees to the terms and conditions of residence and will be personally liable for all amounts arising from the residence of him/her self and/or his/her party at the Hotel.
Neither the Hotel, its owners, their agents, contractors or employees shall be held liable for any loss, damage, destruction, injury or death which may be caused to any person or the assets, property or any other item of equipment or the likes thereof which may occur as a result of any foreseen or unforeseen event or any act or omission on the part of the Guest.
Where Hotel facilities are rented out, the Guest/Customer, its employees, guests or invitees enter and/or access and/or use the premises of the Hotel at their sole and exclusive risk. Neither the owner of these premises, nor the Hotel, its subsidiaries and/or associated companies, their workmen, employees, sub-contractors and/or agents are or may be held liable and/or responsible for any direct, indirect, special, punitive, incidental, exemplary, consequential or any other loss or damages caused through the negligence of the owner, or otherwise arising out of any other cause whatsoever, including but not limited to damages or loss or personal injury or fatal injury caused by fire, theft, floods, force majeure, third party acts, civil unrest and/or insurgence, to the parked vehicles or any content left therein or for any injuries or fatality suffered by any person entering, accessing or using these premises. The person entering, accessing or using these premises, hereby indemnify and hold harmless the owner against all and any claims of whatsoever kind of nature and howsoever arising, which may be made against the owner by any claimant whatsoever in respect of personal injury or fatality or damage to vehicles or property, occurring or arising out of any one or more of the incidents set out above, nothing omitted.
Guests utilise the Hotel’s facilities, including but not exhaustive to balconies, swimming pool, and gym, at their own risk. The Hotel will not be responsible for any injuries or death while using Hotel facilities.
The Guest shall be responsible for any damage caused to the allocated rooms, furnishings, utensils and equipment therein, by any act or omission of the Guest, its employees, guests or invitees of the Guest.
The Guest shall not be entitled to:
Paint, affix or attach to the bedroom/function/conference room provided any advertising signs, notices or other matter without prior written consent of the Hotel.
Drive into the walls, floors, partitions or doors of the bedroom/function/conference room any screws or nails in a manner calculated to damage.
All day and evening functions/conferences must terminate by 17h00 and 24h00 respectively unless a later time is specifically agreed in writing with the Hotel, at the time the booking is made.
No pets will be allowed on Hotel premises.

GENERAL TERMS & CONDITIONS FOR SPECIAL OFFERS

The offer is subject to availability at the time of booking.
Offer is not stackable on already discounted and negotiated rates.
Any ‘free’ or inclusive offers or value-adds must be redeemed during occupancy at the hotel.
Any ‘free’ or inclusive offers or value-adds not redeemed are not refundable and may not be exchanged.
All bookings are subject to the Hotel’s standard confirmation, guarantee, and cancellation policies unless otherwise specified.
Standard Child Policy applies.
Offer may not be booked in combination or conjunction with any other special offer(s).
Rates are applicable to individual bookings only and do not apply to Groups*.
*Groups – 10 or more fully paying persons
All rates are net of commission and inclusive of 15% VAT
Rates subject to change without prior notice.
Lead in rates as based on the standard room type which accommodates 2 adults only, therefore upgrade fees and family room supplements apply.
Errors and omissions excepted (E&OE)

STANDARD CHILD POLICY

Any person of and under the age of 12 years old is deemed a child in terms of our policies.
A children’s rate applies to all persons aged 12 and under.
Standard adult rates apply to children aged 13 (thirteen) and older.
Children under the age of 12 of must be supervised by their parents when using Hotel facilities, including but not exhaustive to the swimming pool.

OTHER

All information obtained in any brochure, or catalogue which accompanies or forms part of any tender or advertisement made by the Hotel, which shall include prices, is subject to change and the Hotel will not be bound to comply exactly therewith. The Hotel shall not be liable for any inaccuracies in any brochures or information supplied by it which the Customer fails to verify with the Hotel Management in writing. Where a price increase is necessitated, the Customer will be notified within a reasonable period.
Advice, recommendations or opinions by representatives of the Hotel are given and expressed in good faith and shall not constitute representations of any description and shall not give rise to any claim against the Hotel or any such representatives.

Waves of Grace Terms and Conditions

1. Applicability

1.1 The General Terms and Conditions below apply to all offers and transactions of Waves of Grace. Prices are subject to change.
1.2 By accepting an offer or making an order, the consumer expressly accepts the applicability of these General Terms and Conditions.
1.3 Deviations from that stipulated in these Terms and Conditions are only valid when they are confirmed in writing by Management.
1.4 All rights and entitlements stipulated for Waves of Grace in these General Terms and Conditions and any further agreements will also apply for intermediaries and other third parties deployed by Waves of Grace.

2. Quality

2.1 The restaurant guarantees that all the products offered meet the standards of the concept.
If there are any complaints, Management needs to be informed immediately. Appropriate actions will be taken as soon as possible.
2.2 Waves of Grace will not assume any liability for adverse reactions to food consumed, or items one may come in contact with while eating our products.

3. Food allergens

3.1 All Waves of Grace food is prepared in a kitchen where nuts, gluten, and other known allergens may be present. Waves of Grace and all its staff take caution to prevent cross-contamination. However, any product may contain traces as all menu items are produced in the same kitchen.

3.2 Foods in this restaurant are processed in a kitchen that produces dishes with milk, wheat, soybean, fish, tree nuts, peanuts, eggs, and egg products.
3.3 Menu dish descriptions do not include all of the ingredients used to make the dish. Therefore, if Guests have a food allergy, it is their responsibility to speak to a staff member before placing an order or reserving a table.
3.3. For Event bookings, Waves of Grace requires special dietary requirements 2 (two) weeks prior to the event date.

4. Prices/offers

4.1 All offers made by Waves of Grace are without obligation and Waves of Grace expressly reserves the right to change the prices, in particular if this is necessary as a result of statutory or other regulations.
4.2. All prices are indicated in South African Rands, including VAT.
4.3 In certain cases, promotional prices apply. These prices are valid only during a specific period as long as stocks last. No entitlement to these prices may be invoked before or after the specific period.
4.4 Waves of Grace cannot be held to any price indications that are clearly incorrect. For example, as a result of obvious typesetting or printing errors. No rights may be derived from incorrect price information.

5. Cancellations

5.1 Waves of Grace is entitled to cancel or change the date of an event. Should this happen, Waves of Grace will attempt to provide a suitable solution. If an event is cancelled or postponed, Waves of Grace will do its utmost to inform Guests as soon as possible. However, Waves of Grace cannot guarantee it is possible to inform Guests timely of any change or cancellation of an event, or be held responsible for refunds, compensations, or for any resulting costs Guests may incur. For example, for travel, accommodation and/or any other related goods or service.
5.2 Before confirming your reservation, Guests must always check that they have reserved the correct number of persons. Incorrectly ordered numbers of persons are not refundable.
5.3. All purchases are final.

6. Payments

6.1 All prices are including VAT.
6.2 You will not receive confirmation of your definite booking until your payment has been approved.
6.3 Waves of Grace accepts either cash or card payments.

7. Other provisions

7.1 If one or more of the provisions in these Terms and Conditions or any other agreement with Waves of Grace are in conflict with any applicable legal regulation, the provision in question will lapse and be replaced by a new comparable stipulation admissible by law to be determined by Waves of Grace.
7.2 Any claim, dispute or impasse relating to these terms and conditions shall by governed by the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or these terms and conditions or any matter related to or in connection therewith.

Competition Terms and Conditions

Please read these terms & conditions carefully. By entering Diaz Ocean View Hotel competition all participants will be deemed to have accepted and be bound by these terms and conditions. If you do not agree to these terms and conditions, you must not enter the competition. Please retain a copy of these terms and conditions for your information.

Promoter>

The promoter is Diaz Ocean View Hotel, 41 Beach E Blvd, Voor Bay, Mossel Bay, 6506, +27 44 010 0255.

Participants

The competition is open to South African residents only. Participants must be 18 years or older.
The competition is not open to directors, members, partners, employees, agents or consultants of the promoter, any person who controls or is controlled by the promoter, or any supplier of goods or services in connection with the competition, or their respective spouses, life partners, business partners or immediate family members.

Entry

Enter the competition via the Diaz Ocean View Hotel website or other mechanisms specified in the competition.
Each winner will be the first entry selected at random from all qualifying entries.
The prize winner will be drawn on the day after entries close, and announced on the following day on the Facebook and Instagram page.
The promoter will attempt to make contact with each winner at least 3 times, but if it is unable to contact any winner within one week of the relevant draw, the winner will forfeit his/her prize and the promoter reserves the right to select a new winner.
Winners must provide their ID numbers for regulatory purposes.
Entries submitted after the closing date will be disqualified.

Prizes

All participants will have an equal chance of winning prizes.
The prizes will be sent by courier to the address the winners provide to the promoter, by no later than four weeks after each winner announcement. The promoter will not be held responsible for any failure by the courier to deliver a prize, or any winner’s failure to accept delivery of his/her prize.
The prizes cannot be exchanged or refunded and there is no cash alternative.
The prizes are non-transferable.
The prize does not include any other costs or expenses relating to the prize or the enjoyment of the prize not expressly specified in these terms and conditions.

Publicity and Personal Information

The winners agree to the use of their names and images in any publicity material. The winners have the right to decline this by notifying the promoter at info@diazoceanviewhotel.co.za.
By entering the competition, participants consent to the collection, use, storage, disclosure and processing of their personal information by the promoter for a reasonable period for the purposes of administering the competition, providing the prize and other activities as contemplated in these terms and conditions. The types of personal information that the promoter may collect includes information necessary for its legitimate business interests and the categories of personal information identified in relevant data protection laws in South Africa. This may include participants’ names, identity numbers, e-mail, physical and postal addresses, contact information, and other information provided when entering and participating in the competition.
The promoter may use participants’ personal information:

to update the promoter’s existing records;
for the purpose of administering customer relations; and
to make information available on future competitions or promotions which the promoter may conduct.

General Provisions

In the event of a Facebook and Instagram based promotion, the promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and Instagram.

The promoter reserves the right, acting reasonably, to cancel or amend the competition due to events or circumstances arising beyond its control which prevent the promoter from conducting the competition as intended. Participants are entitled to withdraw from the competition if they do not agree with any amendments made by the promoter. As far as the law allows, if the promoter cancels the competition or amends these terms and conditions, participants will have no claim against the promoter.

The promoter reserves the right, acting reasonably, to disqualify any participant who does not comply with these terms and conditions.
Participants agree to keep confidential any information of whatsoever nature regarding the promoter, its associated companies, and their respective directors, officers, employees and agents received as a result of winning or participating in the competition.
These terms and conditions shall be governed by the laws of South Africa. Participants consents to the non-exclusive jurisdiction of the High Court (Gauteng Local Division, Johannesburg) in respect of all matters arising out of or in connection with the competition or these terms and conditions.
If any provision of these terms and conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these terms and conditions and shall not affect the validity or enforceability of any remaining provisions.
It is not intended that any provision of these terms and conditions contravenes any provision of the Consumer Protection Act, 68 of 2008, and therefore all provisions of these terms and conditions must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
A copy of these terms and conditions may be obtained by contacting the promoter at info@diazoceanviewhotel.co.za.

Errors and Omissions

While every care has been exercised in presenting this competition, Diaz Ocean View Hotel accepts no responsibility for errors or omissions.

E-Mail Disclaimer and Notice to E-mail Recipient(s)

Disclaimer

All emails and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. The company will not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. No employee or agent is authorised to conclude any binding agreement on behalf of Diaz Ocean View Hotel or its subsidiaries with another party by email without express written confirmation by company management. Finally, the recipient should check this email and any attachments for the presence of viruses. Although the company has taken reasonable precautions to ensure no viruses are present in this email, the company cannot accept responsibility for any loss or damage arising from the use of this email or attachments. The integrity and security of this message cannot be guaranteed on the Internet. Diaz Ocean View Hotel, 41 Beach East Boulevard, Diaz, Mossel Bay

Notice to E-mail Recipient

Please read the following carefully as it contains the terms and conditions governing all electronic communications sent or received (as applicable) by Diaz Ocean View Hotel

Diaz Ocean View Hotel may amend these terms and conditions at any time without notice. You should check this webpage from time to time to review the current terms and conditions because they are binding on you.

The content of e-mails and accompanying communications and attachments sent or received by Diaz Ocean View Hotel (collectively, “e-mail”) are copyright protected, confidential to Diaz Ocean View Hotel and may contain information that is legally privileged or protected from disclosure under applicable law or agreement. Attachments that are part of an e-mail may have additional important disclosures and disclaimers, which you should read.

All e-mail from Diaz Ocean View Hotel may be read and used only for its intended purpose and only by the intended recipient. If you receive an e-mail in error, please (i) contact the sender immediately by return e-mail and (ii) permanently delete the email you received.

No confidentiality or privilege is waived or lost by any mis-transmission.

Any printing, copying, distribution, use or saving of, or taking any action based on, the information contained in any e-mail (including any reliance thereon) is expressly prohibited (except as may be expressly provided in written agreements with the Diaz Ocean View Hotel). No rights in any Diaz Ocean View Hotel intellectual property are granted by virtue of your receipt of an email, and the Diaz Ocean View Hotel reserves all such rights.

Diaz Ocean View Hotel and its licensors retain all intellectual property rights in all e-mails sent by Diaz Ocean View Hotel. You agree to take full responsibility for checking any e-mail for viruses and other harmful code, and Diaz Ocean View Hotel shall not be responsible or liable for any damages arising from or relating to any virus or harmful code which may be contained or embedded in any email.

Diaz Ocean View Hotel reserves the right to monitor all e-mails sent or received through its systems.

Diaz Ocean View Hotel makes no warranty as to the accuracy or completeness of the content, data or information contained in any e-mail and hereby disclaims any liability of any kind.

Any opinions expressed in an e-mail are those of the author and do not necessarily reflect the opinions of Diaz Ocean View Hotel.

Diaz Ocean View Hotel reserves the right to archive, produce to regulators and produce in litigation or governmental or judicial inquiry any e-mails sent or received through its systems in accordance with Diaz Ocean View Hotel’s policies and applicable laws, rules and regulations.

If you do not accept and agree to be bound by, the conditions contained in this notice, you should not use e-mail to communicate with Diaz Ocean View Hotel

Website Terms and Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Diaz Ocean View Hotel relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'Diaz Ocean View Hotel' or 'us' or 'we' refers to the owner of the website whose registered office is 41 Beach E Blvd, Voor Bay, Mossel Bay, 6506. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites.
These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.

Website Copyright Notice

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

You may print or download to a local hard disk extracts for your personal and non-commercial use only;
You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

All logos and brands are copyright to their respective owners and are protected under copyright laws.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Diaz Ocean View Hotel and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Diaz Ocean View Hotel. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Diaz Ocean View Hotel takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Social Media Release Statement

This activity is in no way sponsored, endorsed or administered by, or associated with Facebook and Instagram. By submitting this form you agree to a complete release of Facebook and Instagram. You understand that you are providing your information to Diaz Ocean View Hotel and not to Facebook and Instagram.

Social Media Netiquette

Welcome to the Diaz Ocean View Hotel Facebook & Instagram community!

Diaz Ocean View Hotel encourages all fans to contribute to this community to create a fun, lively and secure environment. For this to happen in a relaxed and friendly atmosphere, we ask you to follow a few rules.

Although we hope that this will not be necessary, we reserve the right, in extreme cases, to intervene in the discussion and to remove comments or posts that contravene these rules.

Relevance

Our social media communities are spaces for you to discuss topics relevant to our business, for us to communicate with you about our goods and services, and for us to connect you to our official website. You should only publish content that is relevant. Anything contrary to our community purpose will be irrelevant and removed, including:

Links to external websites not related to us or our goods and services;
Adverts for goods or services other than ours - like your goods or services or those of a competitor;
Promotional competitions other than ours - like your promotional competitions or those of a competitor;
Spam or anything else published more than once or in more than one place;
Donation requests unless we have authorised you to publish them in writing;
Acknowledgement requests - like asking for 'votes', 'likes', or 'retweets';
Your personal contact information because it puts your privacy at risk - like your email address or phone number; or
Anything else that isn't relevant to the purpose or conversations on the social media community in question.

Moderation

We may edit or remove anything that you publish to our social media communities that are inconsistent with these rules, including anything irrelevant and any conduct, content, or promotional competition related content that is prohibited.

We may moderate any of the following things as described above among others:

Anything that is not relevant to a social media community or the conversation in question;
Anything that results from prohibited conduct, including discrimination, hate speech, harassment, or trolling;
Prohibited content, including content that is illegal, harmful, offensive, abusive, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, harassing, hateful, threatening, defamatory, indecent or impermissible;
Fraudulent, deceptive, or misleading, in violation of a copyright, trademark or other intellectual property right of another;
Prohibited promotional content, including unjustified outcries, discriminatory objections, or otherwise objectionable to us.

Not our views

What you and other members publish on our social media communities are not our views. We do not endorse anything you publish to our social media communities merely by acknowledging it in any way, such as a 'like', 'retweet', 'favourite'.

Report

If you see any behavior from other community members who are in breach of these rules, we encourage you to report them to us through an inbox message to the community.

Recourse

We may take recourse against you for breaching these rules by suspending or banning you from any of our social media communities.

Should you have any further enquiries, please contact us via Facebook & Instagram's direct messaging platform.

Diaz Ocean View Hotel would like to thank you for taking the time to read an understand the above.

Contact

If you have any queries about the manner in which this form is administered and/or your data is used by Diaz Ocean View Hotel and/or should you require us to remove your email address from our systems, please contact: info@diazoceanviewhotel.co.za

Contact

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Legals

Welcome to the Diaz Ocean View Hotel Facebook & Instagram community!