1. The content and information displayed on the Site is Avalon’s property and is collectively referred to as “Avalon Information”. The downloading, reproduction, or retransmission of Avalon Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted by travel agents for business-only purposes.
  2. By using our Site you are accepting all the terms and conditions set forth below. If you do not agree to each and all of these terms and conditions please do not use our Site. We reserve the right, at our discretion, to change and or modify portions of these Terms of Use at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms of Use periodically for changes.
  3. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Site. In addition, you agree that you will not use any other automatic device, or manual process to monitor, scrape, or copy our Sites or the Avalon Information contained therein, or any aspect of the Sites or the Avalon Information, without the prior express consent from an authorized Avalon representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Sites). Furthermore, you agree that you will not use our Site for any purpose that is illegal, unlawful, or prohibited by these Terms of Use. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Sites in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, malware, or program. You may not use our Site in any threatening, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Site, including, without limitation, if you violate any of the provisions of these Terms of Use.
  4. You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
  5. Our Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Site. You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, e.g. if you violate any part of these Terms of Use.
  6. To the maximum extent permitted by law, our Site and Avalon Information are provided “As Is” without warranty of any kind. We make no warranties or guaranty or assurance that our Site and/or Avalon Information will be available, adequate, accurate, uninterrupted, complete or free of error. We neither responsible nor liable for any malicious or unauthorised code and you are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security of your devices, programs and information. By using our Site and/or any Avalon Information, you are assuming all risk of loss that may arise or be associated with that use.
  7. To the maximum extent permitted by law, we, other members of our establishment and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to the Site and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
  8. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
  9. You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
  10. With respect to all communications you make to us regarding Avalon Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information.
  11. Avalon Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Avalon Guesthouse does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honour reservations or information affected by such inaccuracies. Avalon Guesthouse reserves the right to make changes, corrections, cancellations and/or improvements to Avalon Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
  12. If you choose to enter our Site via links to other third party websites, including those of advertisers, our Terms of Use and our Privacy Statement will no longer apply. We are not responsible for the terms of use or privacy policies of those third-party websites or the cookies they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Avalon Guesthouse is not responsible for the availability of such third-party sites or resources, and we do not endorse or are responsible or liable for any content, advertising, products, or other materials on or available from such third party sites or resources.
  13. These Terms of Use shall be construed and enforced under the laws of the State of South Africa, applicable to contracts executed and performed within South Africa. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the South Africa and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of our Site.