Terms and Conditions

Effective 01 April 2025

Terms and Conditions

Important: Please read these terms and conditions carefully.

This website is owned and operated Whichway Investments (Botswana) PTY Ltd.  The Company owns and conducts its business under the registered business name "Escapade Lux Guesthouse".

In these Terms and Conditions:

• "We", "our", "us" "Guest House", "Management" and "Escapade Lux" mean the Company and where the context requires or permits includes its related bodies corporate.
• "You" and "your" means the person who is accessing or using this Website including any person making a reservation or purchasing any product or service via the Website.
• “Company” means Whichway Investments (Botswana) PTY Ltd

If you do not agree to these Terms and Conditions, you should immediately cease accessing and using the website and should not use the Website to purchase any of our goods or services.

Only persons 18 years of age or older are permitted to purchase any product or service via the website. You warrant that your use of this Website complies with all applicable laws and these Terms and Conditions. The Company reserves the right to deny access to the website or to its goods and services to any person which it believes has breached these Terms and Conditions.

Conditions of Sale

All reservations made via the website, by telephone, email or in person are made subject to these terms and conditions of sale and the person making the reservation will be deemed to have accepted these terms and conditions on behalf of all persons who will be staying at the Guest House under the reservation (once the reservation is accepted and confirmed by the company). 

Accommodation agreement

Please note that under these  Conditions of Sale all customers booking and paying for accommodation with the company are entering into an agreement with the Company.

Photographic Identification and other information on check-in

When you check-in you may be asked to provide photographic or other personal identification as well as other information which we are required to request by law or under mandatory or other government declarations or orders, including in relation to public health.

If you are unable to provide such identification or information, your reservation may be cancelled and you may be liable to pay us an amount equal to the full reservation amount plus any other costs incurred by us in connection with your reservation. Any pre-payment made in relation to the reservation will be forfeited in these circumstances.

Bookings and Payment Guarantee Policy

Bookings with us are subject to availability and applicable pricing and terms and conditions at the time of booking your stay.

Payment for bookings must be guaranteed with a valid credit card at the time of making a reservation via our website as well as on check-in.

Deposit Policy

All bookings made on line require a deposit of 10% of the booking fee at the time of booking. Except in the case of a group booking (three (3) or more rooms), in the event of a cancellation more than 7 days prior to commencement day of the booking period your deposit will be refunded in full less banking commission fees. If cancellation is 7 days or less from the commencement day of the booking period your deposit will be forfeited. If a new date is to mutually agreed with you and the company's management, this penalty may be forfeited at the sole discretion of the company's management.

Payments

A valid credit card MUST be presented on check-in to any.

Payments may be made by credit card (as indicated for online bookings or as indicated as being accepted at the relevant hotel) or by cash or EFTPOS at the Guest House.

The company will send you a Payment Link which enables you to securely enter credit card details for payment. The amount shown in the Payment Link may not include any additional fees or non-room charges that you may incur during your stay in addition to the contracted room rate plus applicable taxes unless otherwise indicated in your reservation confirmation. We may cancel your reservation if invalid credit card information is provided or if your credit card is declined. We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

If you are settling your account by credit card please note that for Visa Card, Mastercard, American Express and Diners Club a transaction fee will apply. You may choose to change the method of payment on check-out to cash or EFTPOS, as these methods of payment do not attract this fee.

In cases of stays longer than 4 nights, you agree to pay interim accounts when or if presented to you even though you may not have departed from our hotel.

You agree that any charges for services provided to you that are not billed at the time of your departure, may be added to your account for settlement as arranged or may be charged to the same credit card used to pay the account at the time of departure or to the credit card used to guarantee payment of your account.

Upon arrival at the guest house, guests must provide valid government issued photographic identification for security purposes. In addition, the guest must also provide a credit card in the same name as the photographic ID to secure the accommodation. A credit card pre-authorisation of up to one nights accommodation rate is required to cover incidental items . Guests will not be charged for any amount that has not been invoiced to them.

Any pre-authorised amount is set aside by the credit card merchant for a period of up to 10 business days (release times may vary, please check with the issuing financial institution). The pre-authorisation may affect your available funds balance or spending limit. For more information on this practice we suggest the cardholder contact their credit card issuer. Once a pre-authorisation has been made, we cannot release, remove, or lower the authorised amount, until we process the final account on departure. This is a restriction placed on us by financial institutions and cannot be negotiated. 

Rates and Charges

You agree that you will pay to us the applicable room rate for each day of your stay and any additional charges up until the time you advise us that you have departed from the Guest House.

Check-in

Standard check-in time is 3.00 pm however we may permit an earlier check-in if rooms are available. We are also able to store luggage should you arrive earlier than check in time and your room is not available at that time.

You must advise us of any change in the number of persons using the room and agree to pay any additional charges for additional persons not included in the number stated at the time of registration.

Check-out

Check-out time is 11.00 am on the date shown for your departure unless we agree to another time.

Departure after that time may incur additional room charge. 

You are, and remain personally liable, to pay the total amount due on departure, unless prior settlement arrangements have been accepted by us. If the settlement arrangements have not been met within 30 days of departure, you agree to pay the total amount due on receipt of our invoice which shall be immediately due and payable and will include a late penalty fee of 1 night accommodation rate.

You must return the key and/or security card for the hotel room at the time of your departure and you agree to pay a charge for replacement of keys, cards you have failed to return.

Should our housekeeping staff report any item(s) missing from your room, including towels, hairdryers and such like, we will contact you to establish the error. In the event items are not found your credit card will be charged at replacement cost for the missing item(s).

Minors

Persons under the age of 18 must be accompanied by a parent or legal guardian or other adult who has parental rights and responsibilities for the under 18-year-old guest.

If any guest under the age of 18 years is not accompanied by a parent or legal guardian or other adult as so described, the Company reserves the right to immediately cancel the guest’s booking and the full booking amount will be forfeited to the Company.  The Company will not have any liability to the guest or any other person with respect to the booking in these circumstances.

Accompanying children under the age of 12 years using existing bedding can stay at no additional charge.

Special Requests

Although the Company will endeavour to satisfy any special requests for any reservations, the Company does not guarantee that any special requests can or will be accommodated.

Facilities and Services

Whilst care is taken to ensure that the description of our facilities and services is accurate, these are continually being changed, upgraded, and on occasion taken out of service.  If any feature or facility is essential to you in choosing our facility it is your responsibility to confirm with us prior to making your reservation that the feature or facility will be available during your stay.

To the extent permitted by law and subject to your rights under Botswana Consumer Law, we are not liable for omissions, errors or changes to the facilities and services at a property, whether temporary or permanent (excluding any false, misleading or deceptive conduct).

Accommodation facilities listed may not apply to all room types.

Releases and Indemnity

Any monies or other valuables, goods or vehicles that belong to you, brought in or on to the room, grounds or car park remain your responsibility and we are not responsible for their safekeeping.

To the extent permitted by law, you agree to release, indemnify and hold harmless The Company and its current and former officers, employees and agents against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses arising out of, caused by, attributable to or resulting from your reservation, your stay  or your attendance at any event at the Guest House for any reason except to the extent the expense, cost, liability, claim, action, proceeding, damage, judgement or loss arose out of, was caused by, attributable to or resulted from the Company or its current or former officers', employees' or agents' negligence or wrongful act or omission.

You agree that regardless of your length of stay at the Guest House there is no tenancy or any other proprietary rights created under any laws.

We grant you a licence to stay in our hotel and we reserve the right to terminate the licence at any time if you are in breach of these Terms & Conditions or the Conditions of Sale.

No Party Policy

The Guest House has a strict no party and/or no gathering policy which is enforced at all times. Management reserve the right to refuse and/or evict any guest who does not abide by the policy.

Events beyond control

If Force Majeure Event occurs neither party will be in breach of the Conditions of Sale or have liability to the other party for any loss or damage whatsoever in respect of any reservation if it is prevented from complying with any of its obligations with respect to the reservation as a result of or in connection with the Force Majeure Event.  If a Force Majeure Event occurs the Company will have the right to immediately terminate your booking and will refund any deposits paid by you.

Force Majeure Events means a declaration of a state of emergency, an act of God, labour or industrial relations dispute, a lockout, act of terrorism, any law, order, direction, restriction or alert issued by, or any acts of, any government authority  mandating, imposing or requiring restrictions on access to, or closure of, the Guest House, or the movement of people, war, sabotage, blockade, riot, civil disturbance, outbreak of infectious disease, epidemic or pandemic disease, (including for the avoidance of doubt COVID-19), hurricane, cyclone, tidal wave, landslide, lightning, earthquake, flood, storm, environmental disaster, fire, explosion, failure of power supply, cyber-attack, embargo, material disruption to domestic and international inbound travel transportation systems, material labour shortages, or damage or destruction of the Guest House or similar event.

General Terms and Conditions

No re-sale or promotional use

Products and services obtained via the Website may not be resold, on-supplied or transferred for commercial, consumer or promotional purposes without the Company’s prior written consent.

Availability and use of Websites

The Company will use its reasonable endeavours to maintain the Website however it does not guarantee the availability of the Website and has the right to suspend operations of any Website at any time and without obligation to give notice to you. 

The Company will not be liable with respect to any loss or damage arising from:

• the availability or otherwise of the Website;
• poor transmission or reception of any data or information over the internet;
• the failure of any reception equipment or lines of communication, or any malfunction of the internet network that prevents any Website from operating properly or permitting any reservation to be made;
• communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications.

Limitation of liability

To the maximum extent permitted by law, neither you nor the Company, will incur any liability for any, indirect or consequential loss or damage arising out of or in connection with the Website or in connection with the use, inability to use, or results of the use of the Websites any linked website and any materials posted on them.

Consumer protection rights

Nothing in these Terms and Conditions including the Conditions of Sale affect any rights or remedies you may have and which by applicable law cannot be excluded, including under the Botswana Government legislation.

To the extent that the Botswana Government Law or other relevant law permits the Company to limit its liability, then the liability of the Company is limited to:

• In the case of services, supplying the services again or payment of having the cost of the services supplied again; and
• In the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent gods or having the goods repaired.

Intellectual Property Rights

You agree that all intellectual property rights (including trade marks, brands, logos, images, graphics, other media and text) displayed on any Website are owned by the Company or its affiliates, partners or licensors. 

You may only use the Website and the material and media displayed on the Website for personal and non-commercial purposes and you must not breach the Company’s or any third party’s intellectual property rights comprised or contained in the Website.

Inconsistency

If there is any inconsistency between the provisions in the Terms and Conditions and the  Conditions of Sale, then the provisions in the Terms and Conditions shall take precedence to the extent of such inconsistency.

Severability

If any part of these Terms and Conditions including the  Conditions of Sale is held to be illegal or unenforceable by a court of law, that part will be severed from the Terms and Conditions with all other parts remaining in full force and effect.

Amendments to Terms and Conditions

The Company reserves the right to amend these Terms and Conditions including the  Conditions of Sale at any time or upon notice if required by law. If we elect to modify these Terms and Conditions, we will post a new version on the Website and update the date set out above. Any changes are effective immediately upon posting to, or removal from, the Website. If you use any Website after the date on which the Terms and Conditions have been changed, you will be deemed to have accepted the updated Terms and Conditions.  If you do not agree to these Terms and Conditions, you should immediately cease accessing or using the Website.

Governing Law

These terms and conditions are governed by and will be construed in accordance with the laws of the Government of Botswana.

Customer service queries and complaints

If you have any queries or complaints about our Websites, these Terms and Conditions including the  Conditions of Sale, or any of our products or services, please feel free to contact us.