1. Client Information

Name(Required)
DD slash MM slash YYYY
Physical Address (Chosen domicilium citandi et executandi)(Required)
Employer Address(Required)
Spouses Name(Required)
Next of Kin (Person not residing with you))(Required)
Name
Contact Number
Relation
Address
 

2. Interpretation, in these standard terms and conditions of contract:

  1. The headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
  2. Unless the context clearly indicates the contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa;
  3. “the client” means the person/ s named on the booking form stipulated in clause 1 (whether it be a provisional or confirmed reservation) and who contracts with Sunninghill Recovery Lodge on the terms and conditions hereunder. The client shall also include any agents who makes any booking of third party clients in respect of reservation. Such agent as well as the person named on the provisional and the confirmed reservation form shall be jointly and severally liable to Sunninghill Recovery Lodge for the performance of their obligations in terms of these standard trading conditions, as well as any contract /s made pursuant thereto;
  4. Check out time will be at 10:00, Sunninghill Recovery Lodge will charge an hourly rate for every hour extended after check out time. Late check out can be arranged at an additional cost depending on availability.

3. Services:

Sunninghill Recovery Lodge provides the following services whilst booked into the Lodge:
  • Post-Surgical Recovery
  • Chemo Care
  • Cardiac Recovery
  • Trauma Care
  • Out-patient Care
  • Neuro Care
  • Palliative Care
  • Respite Care
  • Frail Care
  • End of Life Care

4. Applicability of Standard Terms and Conditions of Contract:

All and any business or contracts undertaken, or advice, information or services rendered by Sunninghill Recovery Lodge, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.

5. Sunninghill Recovery Lodge acting as agent only:

In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Sunninghill Recovery Lodge acts as agent only for and on behalf of the client in procuring these services. As such, Sunninghill Recovery Lodge shall procure the services for and behalf of the client as an agent for it with relevant third- party service providers concerned. Sunninghill Recovery Lodge shall, under no circumstances, be liable for the acts and omissions of the relevant third -party suppliers concerned.

6. Quotations, Payment and Currency Fluctuations:

  1. All quotations given to Sunninghill Recovery Lodge in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Sunninghill Recovery Lodge, shall be in currency of South African Rand. Such be inclusive of South African Valued Added Tax (where applicable). Acceptance of any quotation by a client shall be in writing. Sunninghill Recovery Lodge reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party suppliers, and bank commissions, in respect of the services.
  2. Any revisions in quotes will be commensurate with the change in the currency exchange rates or the increase in the amount payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of Sunninghill Recovery Lodge for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final on Sunninghill Recovery Lodge and the client and accordingly not subject to appeal.
  3. All payments to be made by a client to Sunninghill Recovery Lodge will be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by clients to Sunninghill Recovery Lodge by way of cash, direct transfer, forex transfer or by credit card. The client shall provide Sunninghill Recovery Lodge forthwith, upon making any payments, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference number for the booking shall at all times be reflected on the proof of payment.
  4. All payments due by a client to Sunninghill Recovery Lodge will be made by no later than 3 days after confirmation of booking by a client.

7. Items not included in booking:

  1. Certain items are not included in the cost of the booking. These costs are the responsibility of the client including, but not limited to the generality of foregoing, the costs of insurances as referred to in clause 10 below, insurance cover for cancellation or curtailment, repatriation costs, medical expenses, emergency evacuation, gratuities and beverages, optional meals not reflected on the booking reservation.
  2. Furthermore, all costs with regards to any complying with special requirements, as outlined in section 8 paragraph 2 below shall be borne by the client.
  3. Consumables may include but not be limited to nappies, linen savers, medication and toiletries based on each client’s needs. The client may provide these items to Sunninghill Recovery Lodge, should they elect to do so.
  4. Sunninghill Recovery Lodge will not charge retail rates and all rates of any items provided are subject to change.
  5. In the event of Sunninghill Recovery Lodge, its employees or agents have to source any additional products or consumables a 10% administrative/dispensary fee will be charged.
  6. Sunninghill Recovery Lodge on request can arrange transportation for clients, a carer can be arranged to accompany a client on these excursions however this will be charged on an ad hoc basis and be payable on demand.

8. Booking Procedure & Payment:

  1. The client shall upon making the provisional booking/reservation pay a non-refundable deposit of 50% (Fifty Percent) of the quoted costs for the services. In the event of the deposit not being paid aforesaid, the provisional booking shall lapse. In the event of the client wishing to amend or change his reservation in any way, Sunninghill Recovery Lodge may elect, in its sole discretion and without obligation to do so, in which event it shall be entitled to charge an amendment fee of 3% (three percent) of the booking, which shall be payable by the client in accordance with these standard terms and conditions.
  2. The client shall advise Sunninghill Recovery Lodge in writing of any special requests, needs or facilities required due to medical needs, requirements relating to disabilities, special dietary requirements. The costs complying to such special requests, needs or facilities shall be borne by the client and payable on demand.
  3. Deposit in respect of security in the amount of R___________(amount contingent on type of care to be provided) will be paid before check in. The deposit amount is subject to change due to disbursements and/or fees such alternative amount will be paid on demand. Check in will only be done once Deposit Amount is received, this deposit will be refunded within 3 business days after checking out, contingent on the fact that there are no outstanding monies or damages suffered by Sunninghill Recovery Lodge by the client.
  4. Payments will be made upfront on a weekly basis at Sunninghill Recovery Lodge’s daily rate, and one month upfront payment for the reduced end-of-life rate.
  5. All consumables will be immediately payable upon receipt from Sunninghill Recovery Lodge. Refer to section 7 of additional costs in terms of consumables.
  6. Payment of the entire account will become immediately due and payable in the event of death.
  7. Full and final settlement of all amounts owing no matter of what nature will be made before departure.

9. Cancellations and Refunds:

  1. Cancellations of confirmed bookings may only take place in accordance with the procedure outlined in this clause. All requests for cancellation shall be made by the client in writing to Sunninghill Recovery Lodge and shall only be effective on the date of actual receipt by Sunninghill Recovery Lodge. The following cancellation fees shall be applicable and shall be calculated by reference to the total booking costs of the services booked for by the client.
  2. Sunninghill Recovery Lodge shall be entitled to act as agent or principal with regards to the provision of services. 30 days or more notice 75% of the total booking fee shall be refunded.
  3. 20 days or more notice is given 50% of the total booking costs shall be refunded.
  4. 10 days or more notice is given 25% of the total booking costs shall be refunded.
  5. 5 days or less notice is given no refund, or the total booking cost shall be made.
  6. No refunds shall however be made to clients who make bookings less than 5 days prior to embarkation (for this purpose, embarkation shall mean the date on which the client is booked to commence travel), nor shall refunds be given to clients who arrive early, late or who do not show for a booking. In the event that a client terminating a booking for whatever reason, no refund shall be made unless with the prior written approval of a director of Sunninghill Recovery Lodge.
  7. Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions:
    1. Refunds made to credit cards: the relevant cancellation fee, less a 6% credit card sub-charge and administrative charge.
    2. Direct Bank Deposits: the relevant cancellation fee, less actual bank charges debited by Sunninghill Recovery Lodge’s bankers, less administrative charge.
    3. Forex Transfers: the relevant administration charges, less actual bank charges debited by Sunning Hill Recovery Lodge’s banker, less an administrative charge.

10. Insurance:

  1. In the event of international or domestic travelling clients. The client shall be responsible for arranging and effecting adequate insurance to cover to ensure that the client carries comprehensive travel and medical cover in order to cover himself, travelling companions for the duration of the booking which the client has reserved. The insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a booking and medical expenses; personal injury, repatriation expenses, damages / theft/ loss of personal baggage, money and goods.
  2. Under no circumstances shall Sunninghill Recovery Lodge, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a client or travelling companions with regard to, but not limited to, the above eventualities. Clients will be charged direct for emergency evacuation, repatriation or medical expenses by the relevant service providers and shall be obligated to settle such charges payable to the relevant service provider concerned.

11. International Clients Passports, Visas and Medical Requirements

  1. The client shall ensure that prior to embarking on the travels his passport and visas, and those of his/her travelling companions are valid.
  2. Sunninghill Recovery Lodge does not accept any responsibility for changes in medical requirements or regulations for Visas or any particular visa requirements. Should the client be refused entry to South Africa, due to the incorrect or incomplete documentation or failure to comply with the country’s medical requirements, Sunninghill Recovery Lodge shall not be liable for any costs whatsoever nature occasioned thereby.

12. Disclaimer of Liability

  1. Sunninghill Recovery Lodge shall not be liable to the client for any claim whatsoever: -nature in connection with the provision of service (whether in contract or delict) and whether for damages for personal injury or to property, however arising, including, but not limited to the generality of the aforesaid:
    1. Any negligent act or omission or statement by Sunninghill Recovery Lodge, its employees or agents;
    2. Any grossly negligent act or omission or statement by Sunninghill Recovery Lodge, its employees or agents; unless -
    3. Such claim arises from the wilful misconduct of Sunninghill Recovery Lodge, its employees or agents;
    4. Sunninghill Recovery Lodge receives written notice from the client no later than 7 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against Sunninghill Recovery Lodge.
    5. Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, Sunninghill Recovery Lodge shall under no circumstances, be liable for any indirect or consequential loss, howsoever caused or suffered by the client.

13. Default by client and recovery of attorney and own client costs

  1. Overdue amounts due by the client to Sunninghill Recovery Lodge shall bare interest at the prime rate of interest charged from time to time by Nedbank of South Africa Limited, plus 3 percentage points thereon, which rate may be proven by a certificate from any authorized official of the said bank and shall constitute prima facie evidence of the contents thereof. Such certificate may be used for the purpose of summary judgment in any legal proceedings.
  2. Overdue amounts due by the client to Sunninghill Recovery Lodge shall bare interest at the prime rate of interest charged from time to time by Nedbank of South Africa Limited, plus 3 percentage points thereon, which rate may be proven by a certificate from any authorized official of the said bank and shall constitute prima facie evidence of the contents thereof. Such certificate may be used for the purpose of summary judgment in any legal proceedings.
  3. 3 In the event of Sunninghill Recovery Lodge incurring any legal costs pursuant to any breach by the client of any of its obligations, the client shall be liable for and pay Sunninghill Recovery Lodge’s costs thereby incurred, on the scale as between attorney and own client.

14. Applicable Law:

These standard terms and conditions and all agreements entered into between Sunninghill Recovery Lodge and the client pursuant thereto, and on terms thereof shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreement was entered into.

15. Jurisdiction:

  1. Any legal proceedings arising out of the conditions of these standard terms and conditions, or any agreement entered into pursuant to thereto, Sunninghill Recovery Lodge shall have the discretion to institute legal proceedings against a client in the Magistrates Court having jurisdiction in terms of Act no 32 of 1944, as amended, notwithstanding the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said court.
  2. To the extent necessary the client hereby consents and submits to the jurisdiction of the said court, as referred to in clause 15.1.

16. Non-Waiver:

  1. No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppel against Sunninghill Recovery Lodge in respect of its rights herein, nor shall it operate so as to preclude Sunninghill Recovery Lodge thereafter from exercising its rights strictly in accordance with these standard terms and conditions.
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