Terms and Conditions
Acceptance
All bookings accepted by McBains are subject to these Terms and Conditions, which are deemed to have been accepted in full by the Guest or the Organiser of a function or event. Payment of a deposit and booking fee also indicates acceptance of these Terms and Conditions.
Reservations and Payment
When a booking is made, 100% of the total booking fee is required immediately in advance to confirm the booking, unless otherwise agreed upon in writing by McBains. The booking is only confirmed once McBains has received written notice by email that the booking fee has been paid.
Arrivals and Departures
Rooms and cabins are available for occupation after 2pm on the day of arrival. Early access is possible by prior written arrangement with McBains. Rooms and cabins must be vacated and keys returned by 10am on the day of departure, unless otherwise agreed in writing.
Cancellation Policy (Guests)
- Less than 48 hours or non-arrival: 100% of deposit/money paid is forfeited.
- Up to 7 days before arrival: 25% is forfeited.
- Up to 30 days before arrival: 50% is forfeited.
- Up to 90 days before arrival: full refund.
Cancellations must be made in writing. No verbal cancellations will be accepted. A change of arrival or departure date may be treated as a cancellation and re-booking at McBains’ discretion. McBains will endeavour to credit the forfeited amount as a voucher for a future stay at a time suitable to both parties.
Minimum Stay
Our minimum stay is 1 night during the week, and 2 nights on weekends, public holidays, school holidays, high season and long weekends, with a maximum stay of 14 days.
Take Over Bookings
The contact person or Organiser signing on behalf of the group is responsible for all guests in the group. A minimum stay of 1 night during the week, and 2 nights on weekends, public holidays, school holidays, high season and long weekends applies, with a maximum stay of 14 days. The full take over rate includes accommodation for up to 35 people, and no more than 35 people may be on the property at any given time. If an event requires more than 35 people, an additional per-person rate applies. Requests for additional persons must be made in writing and are subject to McBains’ prior written consent
Damages and Breakages
A refundable breakages and damages deposit is payable for full take over bookings and for any group booking of 10 guests or more. This deposit will be refunded within 7 days of departure, less the cost of any damages. Any damages exceeding the deposit must be paid by the Organiser or Guest. If breakages or damage are discovered after departure, McBains will notify the Guest in writing within 7 days with details and an invoice.
The Organiser
The Organiser (teacher, facilitator, retreat leader or event organiser) is responsible for their group and warrants that they have appropriate event and personal liability insurance.
Minors
Minors are the responsibility of the parent, guardian or designated adult. For camps or events involving minors, the Organiser accepts full responsibility for the minors. Parents, guardians, teachers or designated supervisors accept full responsibility for minors in their care, including behaviour, water safety, fire safety, device use, environmental hazards, and compliance with House Rules and these Terms and Conditions.
Lodging and Facilities
McBains reserves the right to alter room set-up and allocation. Full take over bookings offer use of all rooms listed on the website, as well as communal spaces and facilities. Staff and family may be on the premises during a takeover. For smaller bookings, McBains may host other guests or adjust lodging options at its discretion. Facilities may be shared.
Valuables
McBains accepts no liability for loss or damage to valuables or property of guests or visitors.
Swimming and Hiking
Guests swim and hike entirely at their own risk. There are no life-saving facilities. Guests indemnify McBains and its owners against claims for injury, harm, death or loss of property arising from these activities. A valid CapeNature permit is required to access the river and mountain. McBains is not responsible for any issues arising from accessing CapeNature property or the Limietberg Nature Reserve.
Music and Sound Levels
All amplified music must remain inside the premises. No PA speakers may be directed outdoors or placed outside unless by prior written consent. All music must be turned off by 10pm and kept at a volume that does not disturb neighbouring properties.
Keys
Keys will be provided for the rooms and cabins and are to be returned upon departure. For any keys not returned, there will be a R100 charge. If the Guest loses or misplaces their keys during their stay and a staff member is required to assist with access, a R50 staff admin fee will be charged.Should a locksmith be required, the full locksmith cost will be payable by the Guest.
The Premises
The Premises shall at all times be under the control of the McBains owners who reserve the right to impose any terms and conditions in addition to those contained herein, as they may deem necessary, in order to ensure the rights of both staff and other visitors to McBains.
Smoking
No smoking is allowed inside any of the rooms or buildings. Smoking is only allowed in designated smoking areas. Please be aware that McBains is located in a high risk fire area, and ensure that all cigarettes are disposed of safely and responsibly.
Fires and Braais
Fires and Braais may only be made in clearly designated fire places and braai places. All fires and braais may only be used by a responsible adult. All fires and braais are to be supervised at all times and may not be lit and then left unattended. It is the Guest and / or Organiser’s responsibility to ensure that all furniture, bags and children remain safely away from fires and hot ashes. All fires and braais must be extinguished by 10pm.
Water and Electricity
Guests are asked to use water and electricity mindfully and switch off lights when not in use.
Recycling and Refuse
Guests are asked to adhere to our recycling and refuse policy. We encourage guests to consider what they bring and take as much recycling home as possible.
Property Use
The Guest is responsible for taking all reasonable care of their room or cabin and its contents. Guests are asked to please leave their room or cabin and all contents clean and tidy at the end of their stay. No items, including and especially books, may be removed from the premises. Except in the case of normal wear and tear the Guest will be responsible for making good any damage to the room or cabin or its contents which has occurred due to negligence, willful damage or irresponsible behaviour on the part of the Guest or their visitors. Such damage must be reported to us without delay.
In the event that breakages or damage are discovered, or extra cleaning required, after departure, we will notify the Guest in writing within 7 days of departure, providing detail of the issues and an invoice for the cost of rectifying them. McBains will not be held responsible for any personal injury, loss or damage to personal effects howsoever arising at the unit or its grounds.
Governing Law and Jurisdiction
These Terms and Conditions are governed by South African law.
Any dispute arising from them falls under the exclusive jurisdiction of the courts of the Western Cape.
Nature and Environmental Risks
Guests acknowledge that McBains is located in a natural, mountainous environment with inherent risks including uneven terrain, steep drops, wildlife, insects, snakes, falling branches, fires, rivers and rapidly changing weather.
Guests accept these risks and indemnify McBains accordingly.
Guests must exercise caution and supervise minors at all times.
Load Shedding and Utility Interruptions
McBains is not liable for inconvenience, loss or damage caused by load shedding, power failures, water interruptions, or fluctuations in supply.
These conditions are common in the area.
No refunds or compensation will be given for such interruptions.
Electronic Devices and Data Loss
McBains is not responsible for:
- malfunctioning of guests’ electronic devices
- data loss
- slow or unavailable Wi-Fi
- work disruptions or missed communications
Wi-Fi is limited and cannot be guaranteed.
Weapons, Hazardous Items and Drones
No firearms, weapons, illegal substances, fireworks, explosives, drones or hazardous items may be brought onto the property without prior written consent from McBains.
Guests bringing such items without consent indemnify McBains for any resulting harm, loss or legal consequence.
Indemnity and Warranties
Guests and Organisers indemnify McBains, its owners, members, directors, employees, facilitators, contractors, agents, community, affiliates and insurers, past and present, against any claim for personal injury, harm, death, loss of support, damage or loss of property, arising from negligence or any other cause whatsoever. McBains is not responsible for the non-functioning of equipment brought onto the premises by Guests or Organisers. McBains accepts no responsibility for the loss, theft or damage of any property of Guests, the Organiser or their group.
Right of Admission Reserved
McBains and its owners reserve full right of admission and accept no liability arising from the reasonable exercise of this right.
Cancellation Policy (McBains)
McBains may cancel any booking without liability if performance is prevented by fire, damage, labour shortages, unrest, or any cause beyond its control.
Privacy
McBains will take all reasonable steps to protect personal information.
Personal information will not be sold to third parties.
Publicity
McBains reserves the right to photograph or film events or people staying at McBains for its own use. When using marketing material for social media (Instagram), permission will be sought.
Variation
McBains may amend these Terms and Conditions at any time without prior notice.
Additional Indemnity and Warranty
Guests indemnify and hold harmless McBains, the owners, managers, affiliates, and their representatives against liability for injury, death, or damage to property arising from any cause whatsoever, including negligence.
Disclaimer
All website information is provided as-is.
McBains makes no representations regarding accuracy or completeness.
Use of the website is at the guest’s own risk.
McBains is not liable for loss arising from use of the website.