Terms & Conditions

Last Updated: 24 July 2024.

1. Acceptance of Terms
These Terms and Conditions (“Terms and Conditions”) govern your use of the Cape Grace Hotel Proprietary Limited’s (Registration Number 1996/000866/07) (hereinafter “Cape Grace”) website located at www.capegrace.com. By accessing and using the website you agree to be bound by the Terms and Conditions set out in this legal notice. If you do not wish to be bound by these Terms and Conditions, you may not access the website.

2. Changes to Terms
Cape Grace reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is your responsibility to periodically check these Terms and Conditions at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

3. Privacy Policy
Cape Grace receives various types of information from you during the reservations process or otherwise. Our reservations are managed by the Fairmont.com Booking Engine. You can access those Terms & Conditions here: https://www.fairmont.com/terms-and-conditions/

4. Intellectual Property Rights
All rights in and to the content, which includes but is not limited to the text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, of this website are reserved and retained by Cape Grace, its affiliates or subsidiaries or any other third-party owner of such rights. This content is protected by applicable intellectual property laws, including but not limited to copyright, trademark, and patent laws.

Except as specified in these Terms and Conditions, you are not granted a license or any other right to use, copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any material from this website without the prior written permission of Cape Grace or the respective third-party owner. Unauthorised use of the content may violate copyright, trademark, patent, and other laws.

You acknowledge and agree that the material and content contained on this website is made available for your personal, non-commercial use only. You further agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any content from this website, either in whole or in part, unless you have been specifically permitted to do so by Cape Grace or the owner of that content, in a separate agreement.

4.1. Trademarks
The trademarks, service marks, and logos (collectively “Trademarks”) displayed on this website are the registered and unregistered Trademarks of Cape Grace, its affiliates, or other third parties. You are not permitted to use these Trademarks without the prior written consent of Cape Grace or such third party which may own the Trademark. Any unauthorised use of the Trademarks is strictly prohibited.

Only with prior written permission, may a third-party site link to this website provided that the link is pointed directly to the homepage of the Cape Grace website only. The link may not portray Cape Grace, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

4.2. User-Generated Content
If you submit, post, or upload any content to the website, you hereby grant Cape Grace a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit, and that the use of your content does not violate these Terms and Conditions and will not infringe or violate any rights of any third party. Any feedback, comments, or suggestions you may provide regarding the website or Cape Grace’s services is entirely voluntary, and Cape Grace will be free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

5. Use of the Site & Termination
You may not use the website for offensive, defamatory, incorrect or untrue disclosure to any persons. All trademarks, logos and icons may not be used without the prior permission of Cape Grace. Any unauthorised use of the Cape Grace website may result in termination of your account at any time. We reserve the right to change or discontinue the content and/or services available from the Cape Grace website without prior notice. Cape Grace may also suspend or terminate the website application at any time without prior notice.

You shall not decompile and/or reverse engineer the source code of the website. These website Terms and Conditions shall apply in respect of all persons accessing this website, or otherwise providing Cape Grace with Personal Information, including minors. If you are a minor (under 18 years of age), you may use this website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website, you will be bound by legal obligations and liabilities that you may incur as a result of your use of this website and the services. You agree to supervise all usage by minors of this website under your name or account.

You are responsible for maintaining the confidentiality and security of your name and password for access to the website and you accept full liability for all activities that occur on or related to the website under your name. You may not impersonate another user accessing the website, nor provide false information to gain access to the website.

Without limiting the generality of the foregoing, the website or mobile application could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new additions of this website. Merchandise visuals on the website may not necessarily be available for purchase at the Cape Grace.

6. Limitation of Liability
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on the website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this website or mobile application.

Due to the nature of the Internet, Cape Grace is unable to guarantee that any products and services or any website accessible by the website are virus or error free. We therefore suggest that you check all e-mails, attachments and files before downloading them. Cape Grace, and any holding company, supplier, employee, director, partner, affiliate and agent, and any third party owner of rights or products (“the Owners”) make no warranty or representation as to the availability, accuracy or completeness of any third-party content accessible via an Internet link.

Cape Grace shall not be responsible for and disclaims all liability for any loss, liability, damage/s, destruction, illness, harm, injury, death (whether direct, indirect or consequential), or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your use of or reliance on any information provided on and via the website, any e-mails sent from the website, services provided via this website, any viruses that may infect your device or other property following your access to and/or use of this website, use of content, data or information made available via this website, any failure, delay or unavailability of the website or any services offered via the site for any reason whatever and the supply, or failure or delay in supplying any of the services offered via the website and you hereby indemnify and hold harmless Cape Grace in respect of any loss, liability, damage/s (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.

Neither Cape Grace, the Owners, the management company nor their contractors shall be held or responsible for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of the website or any functionality thereof, or of any linked website, even if Cape Grace is expressly advised thereof.

You are encouraged to report untrue, inaccurate, defamatory or any other information to Cape Grace. Cape Grace will not be liable for costs incurred by you to obtain professional advice relating to any Cape Grace Terms and Conditions in any section of the Cape Grace website.

6.1. Promotions and Campaigns
We may at times use this website to promote and offer the opportunity to participate in promotions, campaigns and special offers. All promotions and campaigns will be governed by their own Terms and Conditions. During the running of the campaign or promotions we may transfer personal information to a third party, being a sponsor, a partner or otherwise. Detail of the collection of information for the duration of the promotion and/or campaign will be made available at the time of your acceptance to participate.

Some of these promotions or campaigns may have the ability to send the offer to a friend with your comment. Should you choose this offer, we reserve the right to collect your friend(s) information. Terms and Conditions relating to special offers, which are, from time to time, contained elsewhere on the website, shall, to the extent that those terms and conditions conflict with the Terms and Conditions contained herein, take precedence over the conflicting provisions of these Terms and Conditions.

7. Links to other Websites
The Cape Grace website may contain links to other sites which are not within our control. These other websites will have their own policies and we cannot be held responsible for these or any other terms and conditions that may be within these sites. The Cape Grace does not accept any liability or any loss or damage as a result of the products, services, content or information obtained through these third party websites.

8. Governing Law
You agree to comply with all laws applicable within the Republic of South Africa relating to the use of the Cape Grace website. This website is controlled, operated and administered by Cape Grace from its offices as set out below within the Republic of South Africa. Cape Grace makes no representation that the content of this website is appropriate or available for use in certain locations or countries.

Access to the website from territories or countries where the content is illegal, is prohibited. You may not use this website in violation of South African export laws and regulations. If you access this website or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the High Court of South Africa Western Cape Division, in the event of any dispute.

If any of the provisions of these Terms and Conditions are found by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect, the above notwithstanding.

9. Limitations of action against us
These Terms and Conditions constitute the entire agreement between Cape Grace and you concerning the use of the content and this website.

Cape Grace offers you the ability to file complaints via the “Contact us” service of the website www.capegrace.com.

In the event that you need to contact Cape Grace for purposes related to these Terms and Conditions, please us the following:
Telephone: +27 21 410 7100
E-mail: capegrace.info@farimont.com
Cape Grace © 2024