Please note that this Venue Hire Enquiry is governed by the following terms and conditions and constitutes a binding Agreement with Beloftebos:

Acknowledgement

By submitting this enquiry –

1. I/We (the Bride and/or Groom or our representative/agent) confirm and warrant that the information provided by me/us in the Venue Hire Enquiry is true and correct and does not in any respect contain any misrepresentation on our part.

2. I/We accept and agree that if any of the information provided in the Venue Hire Enquiry is incorrect or false to any extent, the enquiry and any subsequent booking will lapse automatically at the time when Beloftebos becomes aware of such incorrect information. I/we will forfeit all amounts paid to Beloftebos up to the date on which the booking lapses. Beloftebos will take all reasonable steps to limit its damages suffered as a result of the lapsing of the booking. In the event that Beloftebos’ aforesaid damages are less than the amounts already paid by me/us, Beloftebos will refund the difference to me/us. Beloftebos will be entitled, within its sole discretion, to reinstate any lapsed booking, provided that such reinstated lapsed booking shall constitute a new contract between Beloftebos and myself/ ourselves (novation).

3. I/We acknowledge and agree that Beloftebos has the right to exercise its exclusive and subjective discretion when making its decision to contract (or not) with me/us or my/our principal(s).

4. I/We acknowledge and agree that in the event that Beloftebos decides not to contract with me/us or my/our principal(s), Beloftebos shall under no circumstances be obliged to give any reason whatsoever for its aforementioned decision.

5. I/We acknowledge and agree that Beloftebos may decide not to or may not be in a position to contract with me/us or my/our principal(s) for any of the following reasons (amongst others):

5.1 I/We provided Beloftebos with false information in the Venue Hire Enquiry form;

6. I/We acknowledge and agree that the information provided by me/us in the Venue Hire Enquiry, as well as all correspondence of whatever nature with Beloftebos until such time as a final and binding Venue Hire Agreement is concluded in respect of the proposed event, is confidential information. I/We therefore undertake and warrant that I/we will not, neither before our event date nor at any time thereafter, disclose the aforesaid confidential information to any third party for any reason or purpose whatsoever without the prior written consent of Beloftebos. I/We acknowledge and agree that disclosure of such confidential information, either by me/us or by Beloftebos (“the Parties”), will be in breach of these terms and conditions and accordingly unlawful.

Resolution of disputes

By submitting this enquiry –

7. I/We acknowledge and agree that if any dispute or claim should arise in consequence of the application or implementation of these terms and conditions, I/we agree to negotiate in good faith with Beloftebos with a view to settling any cause of action arising from such dispute or claim. I/We acknowledge and agree that neither Party shall initiate any further proceedings until such time as it has, by written notice to the other, declared that such negotiations have failed.

8. I/We acknowledge and agree that any dispute or claim arising in consequence of the application or implementation of these terms and conditions, which cannot be settled between the Parties (in terms of Clause 7 above), shall in the first instance be referred by the Parties, without legal representation, to mediation by a single mediator.

9. The mediator shall convene a hearing of the Parties and may hold separate discussions with each Party and shall assist the Parties in reaching a mutually acceptable settlement of their differences by way of mediation. The Parties shall record such settlement agreement in writing and shall be bound by the said agreement.

10. The Parties agree that the mediation, including the aforementioned settlement agreement and any information disclosed during the mediation, shall remain confidential and not be disclosed to any third party for any reason or purpose whatsoever.

11. The mediator is authorised to end the mediation process whenever in his/her opinion further efforts at mediation would not contribute to a resolution of the dispute between the Parties.

12. The mediator shall be selected by agreement between the Parties, or failing such agreement, nominated by the Director of the Cape Law Society. The costs of the mediation, if any, shall be borne equally by the Parties.

13. If either Party is dissatisfied with the mediator’s opinion or should the mediation fail, then such Party may refer the dispute to arbitration within three calendar months of the mediator’s decision being issued or the mediator declaring the mediation to have ended. Claims not brought within the time periods set out herein will be deemed validly to have been waived.

14. Such arbitration will be held in Stellenbosch unless otherwise agreed by the parties in writing and will be adjudicated upon the basis of Alternative Dispute Resolution (ADR) by an arbitrator who shall be a competent and impartial attorney or advocate, with at least 10 years’ experience post-admission. The arbitrator shall be agreed upon by the parties, or failing such agreement, nominated by the Director of the Cape Law Society.

15. The arbitrator shall decide the matter submitted to him in accordance with the formalities and/or procedures settled by the arbitrator and may be held in an informal and summary manner, on the basis that it shall not be necessary to observe or carry out the usual formalities of procedure, pleadings and/or discovery or the strict rules of evidence.

16. The arbitrator may make any order, decision, determination or award which he/she deems just and equitable and within the scope of this agreement, including, but not limited to, requiring any party to perform any of its obligations or undertakings. The arbitrator may also make any interim order, decision, determination or award he/she deems necessary to preserve the status quo until he can render a final order, decision, determination or award, provided that either party may also approach a court of competent jurisdiction to issue any interim order, pending or in anticipation of arbitration proceedings.

17. Any final or interim order, decision, determination or award made by the arbitrator shall be conclusive and binding upon the parties and judgment upon any such order, decision, determination or award may be enforced and entered by the High Court of the Western Cape Division, Cape Town.

18. The prevailing party shall be entitled to reimbursement for costs and attorneys’ fees, calculated according to the tariffs of the High Court and on a scale as between attorney and client, as well as reasonable advocates’ fees. The determination of the arbitrator in such a proceeding shall be final, binding and may / may not be appealed to a court of law.

19. Both parties hereby consent to the jurisdiction of the Western Cape Division of the High Court, Cape Town.

20. The “arbitration” clause in this agreement shall be severable from the rest of the Agreement and therefore shall remain effective between the parties after this Agreement has been terminated.

21. The Parties agree that the arbitration, including the order, decision, determination or award made by the arbitrator, the subject thereof as well as any testimony presented during the arbitration, would remain confidential and not be disclosed to any third party for any reason or purpose whatsoever.

General

22. In the event of any one or more of the provisions of this agreement being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal or unenforceable provision was not a part of this agreement, and this agreement shall be carried out as nearly as possible in accordance with its original terms and intent.

23. No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorised representatives.

24. No latitude, extension of time or other indulgence which may be given or allowed by a Party to the other in respect of the performance of any obligation hereunder or enforcement of any right arising from this agreement, shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this agreement, or estop such Party from enforcing strict and punctual compliance with each and every provision or term hereof.

Beloftebos Hours

Monday – Thursday: Office days 09:00 – 17:00

available on email and phone

Fridays & Saturdays: Wedding days

Available for guided site visits – please book in advance.
Emails received between Friday and Sunday will be answered on a Monday.

Sundays: Closed
Tuesday site visits: By appointment only booked a week in advance.
Closed on public holidays & Easter weekend – venue open for your own unguided tour.

You are most welcome to visit Beloftebos outside of these times but please note a guided tour needs to be booked in advance.

Connect with us

Wedding / Event enquiries
Coia de Villiers: 076 332 8522
info@beloftebos.co.za

Accommodation enquiries:
Jann Gafney: 082 479 1113
stay@beloftebos.co.za

Catering and Events:
Corneli from Cornelia’s Catering: 072 111 9380
corneli@beloftebos.co.za

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