Terms and Conditions

DISCLAIMER AND INDEMNITY

I, the undersigned, in choosing to book and/or visit Abrikoos Kloof Private Pod Reserve (“the Reserve”) situated at Montagu, understand fully and accept the risks associated with being on the premises of the Reserve and will comply with the following: 

  • This disclosure and indemnity is to be read and understood by myself and each person accompanying me (“my dependants or guests”) to the Reserve.
  • I will read all terms and conditions pertaining to the Reserve and the property on which it is situated as well as rules and regulations pertaining to mine and my dependants’ and/or guest’s safety during my stay and agree to adhere thereto.

I acknowledge and undertake that neither Hoek and Co (Pty) Ltd with Registration Number 2021/711933/07 (“Hoek and Co”), nor any of its subsidiaries from time to time, nor any of their respective management, directors, shareholders, staff, sub-contractors or agents shall under any circumstance be liable (whether to me or my dependents and guests) for any damages (direct or indirect, consequential or otherwise, patrimonial or non-patrimonial) or loss or injury to person (including inter alia injury, disability or death) or property arising from any cause whatsoever (including any negligent act or omission) in relation to my stay at the Reserve and the use of the facilities and premises on which it is situated.

I hereby indemnify and hold Hoek and Co, its subsidiaries from time to time, their respective management, directors, shareholders, staff, sub-contractors or agents harmless against all and any claims, damage, loss or injury to person or property (including inter alia injury, disability or death) which I (or any of my dependents and guests) may sustain or incur in the course of my visit at or by reason of my attendance at the Reserve and the use of the facilities and premises on which it is situated.

DECLARATION

This serves as written confirmation that:

  • I have read and understood this Disclaimer and Indemnity.
  • The above four points have been clarified to me.
  • I understand that I am entering the Reserve entirely at my own risk.
  • I will abide by all the rules / regulations and policies pertaining to the Reserve.
  • I will not take unnecessary risks and I will avoid potential hazardous situations and I take responsibility for ensuring that neither my dependants or guests will take such risks and will avoid potential hazardous situations.
  • I agree to be solely responsible for my well-being and safety during my stay at the Reserve including that of my dependants and/or guests.

Acknowledgment of Liability and Indemnity Agreement

This Acknowledgment of Liability and Indemnity Agreement ("Agreement") is made and entered into by the undersigned guest(s) ("Guest(s)") in favor of Hoek and Co Proprietary Limited with Registration Number 2021/711933/07 ("Property Owner"), for their stay at the property managed and owned by Hoek and Co being Abrikoos Kloof Reserve (the "Property").

Acknowledgment of Liability

The Guest(s) hereby acknowledges and agrees that they will be fully responsible for any damage to the Property, including but not limited to damage to the property, fixtures, furniture, equipment, or any other items belonging to the Property Owner or situated on the Property. The Guest(s) agrees to bear full responsibility for any damages, whether caused by negligent acts or intentional misconduct, including theft, vandalism, or any other wrongful acts or omissions during their stay.

Indemnity

The Guest(s) agrees to indemnify, defend, and hold harmless Hoek and Co, its owners, employees, agents, contractors, and representatives (collectively, the "Indemnitees") from and against any and all claims, demands, liabilities, losses, costs, expenses, or damages (including but not limited to attorney's fees) arising out of or in connection with any of the following:

Any act or omission of the Guest(s) during their stay, including but not limited to negligent acts, theft, vandalism, or other wrongful conduct.

Any injury, harm, loss, or damage to property or persons caused by the Guest(s) during their stay.

Any breach of the terms of this Agreement or any applicable law by the Guest(s).

The indemnification obligation shall survive the termination or expiration of the Guest(s)' stay at the Property

The Guests hereby irrevocably consent that Hoek and Co shall be entitled to apply any deposit held by it on behalf of the Guests in recoupment of its losses sustained if any. To the extent that the damages deposit does not cover the loss, the Guest shall immediately upon request make payment to Hoek and Co in respect of the outstanding balance. Failure to make payment timeously shall attract default interest at the highest permissible rate in law and shall entitle Hoek and Co to create a default or adverse listing of the Guests on all applicable platforms. Should Hoek and Co be required to institute legal action against the Guest for any losses that it has sustained which are not settled in full by the Guest, then Hoek and Co shall be entitled to claim all legal costs from the Client at an attorney client scale.

Duration of Liability

The Guest(s)' liability under this Agreement shall continue throughout the duration of their stay at the Property and shall extend to any damages, losses, or claims that arise during such stay, regardless of when the claim is made or discovered.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the South Africa being the jurisdiction in which the Property is located, without regard to its conflicts of law principles. By signing below, the Guest(s) acknowledge that they have read, understood, and agree to be bound by the terms of this Acknowledgment of Liability and Indemnity Agreement.