1. RESERVING AND BOOKING YOUR ACCOMMODATION

1.1. Making your Initial Reservation: Once we have confirmed availability of your requested Accommodation we shall reserve the Accommodation (Client Rooms). When purchasing Accommodation via the Website, you should carefully check your Booking Confirmation Page before proceeding with your purchase.

1.2. Minimum Stay Requirements: Client Rooms booked for the Event may be subject to minimum stay requirements.

3. Confirming your Reservation: Once you have checked and approved the details on your Booking Confirmation Page and wish to continue with your purchase of Accommodation, you must complete the online purchase procedure in order to confirm your reservation of the Accommodation (the Confirmed Rooms).

2. PAYING FOR YOUR ACCOMMODATION

2.1. The Confirmation Total: Subject to any cancellations in accordance with these Terms and Conditions, you agree to pay the total amount payable as set out on the Booking Confirmation Page (The Confirmation Total). We acknowledge that this amount shall include all applicable taxes, duties, levies and charges at the prevailing rate.

2.2. Incidental Charges: The Confirmation Total does not cover, and we shall not under any circumstances be responsible for, any incidental charges incurred by or on behalf of the person(s) using the Confirmed Rooms, including but not limited to room service, food and beverage (unless expressly included), laundry services, telephone calls and all corresponding service charges and taxes. You or your guest may therefore be required by the Accommodation provider (the Property) upon check-in (arrival) to guarantee payment of incidental charges with a major credit card or cash deposit.

2.3. Payment Schedule: You agree to pay as follows for all Confirmed Rooms together with any appropriate Cancellation Fees and Processing Fees as set out in Sections 3.3, 3.4 and 3.5 (the Total):

a. When the Confirmed Rooms are purchased, you shall pay the Confirmation Total, in full, immediately.

b. The price of the Confirmed Rooms is fully guaranteed and will not be subject to any surcharges.

2.4. Payment Arrangements: Your payment to us shall be made online via our designated Online Booking facility. Online payment shall be available for all major credit cards.

1. Currency: All transactions for customers who are South African residents will be in South African Rand (R). All transactions for customers who are non-South African residents will be in US Dollars ($).

2.6. Order Confirmation: Following successful payment of your Confirmed Rooms, you shall be sent a confirmation (Order Confirmation) via email, with full details of your Confirmed Rooms and amounts paid.

2.7. Reservation Confirmation Payment: The full balance of your contract with us must be payable by no later than the 1ste April 2010 (or by a pre-approved arrangement) and will be automatically charged by our accounts department, to the issued credit card supplied by you from which your deposit has been taken, on or around the 1ste April 2010. We will then issue you with a further confirmation with your balance receipted as fully paid.

3.1. Cancelling Confirmed Rooms after receipt of the Order Confirmation: Depending on when you cancel the Confirmed Room you will become liable to pay the Processing Fee as defined at Section 3.2 below and/or the cancellation fees as set out in Sections 3.3 and 3.4 below, as applicable (the Cancellation Fee). These fees are calculated to deal with our costs of handling your cancellation and are a genuine pre- estimate of our loss and the cost we will incur.

3.2. The Processing Fee: On each occasion you cancel Confirmed Rooms (whether it is a Partial Cancellation or a Full Cancellation) you shall pay to us a processing fee of $25 (for non-South African residents) or R175 (for South African residents).If you cancel Confirmed Rooms you shall pay to us a processing fee of $25.00 (for non-South African Residents) or R175 (for South African Residents) per cancellation (the Processing Fee). For any Confirmed Rooms you may cancel in any Property in excess of the Confirmed Rooms you are permitted to cancel under Section 3.4 below, you will pay the Cancellation Fee indicated in Section 3.3 in addition to the Processing Fee, which shall not detract from our right to claim any additional damages from you which we may suffer as a result of your breach of these Terms and Conditions.

3.3. The Cancellation Fee: Depending on when we receive notification of your cancellation, you will be liable to pay a Cancellation Fee as follows:

4. Attrition Schedule (Partial Cancellation): The contract value for Confirmed Rooms shall be the total amount payable for each such Confirmed Room, as indicated on the Confirmation, multiplied by the total number of such Confirmed Room nights on a Property by Property basis (the Contract Value). On a Property by Property basis, you may cancel without charge, other than the Processing Fee, the percentage of the Contract Value indicated in the following subsections, or pay the Processing Fee plus the applicable Cancellation Fee for each Confirmed Room cancelled during that period in excess of the number you are permitted to cancel without payment of a Cancellation Fee;

1. Between the date on your Order Confirmation and 15 February 2010 inclusive you may cancel any or all of the Confirmed Rooms without charge, other than the processing fee.
2. After 15 February 2010, the booking of all Confirmed Rooms shall be FINAL and you shall pay one hundred percent (100%) of the Contract Value for any Confirmed Room which is cancelled.

In the event that you cancel any Confirmed Room(s) and incur a Cancellation Fee and/or a Processing Fee we will apply all your previously made payments firstly towards these sums and then toward payment of your remaining Confirmed Rooms. Any sums remaining will be refunded directly to you.

3.5. If you cancel Confirmed Rooms after the time when the sale of all Confirmed Rooms has become FINAL in accordance with Section 3.4(b) above, you shall have the opportunity to receive a refund from us of seventy percent (70%) of the Contract Value conditional on our being able to re-sell the Confirmed Rooms in question.

3.6. Reduction of Rooms: Provided you comply with your payment obligations in accordance with these Terms and Conditions, do not commit a serious breach of contract we shall not have any right to reduce the number of Confirmed Rooms once we have confirmed the Confirmed Rooms available to you.

4. INVOICE

4.1. The appropriate invoice shall be raised once the booking of all Confirmed Rooms has become FINAL, being 15 February 2010. The amount reflected in such appropriate invoice shall be inclusive of any appropriate Cancellation Fees and Processing Fees as set out in Sections 3.2, 3.3, 3.4 and 3.5.

4.2. You may request a copy of this invoice by contacting us directly at the address provided at Section 5.10 below.

5. MISCELLANEOUS

5.1. Our liability to you: In order to supply you with Accommodation we have contracted with third party suppliers. Our role after that point is to secure your booking at the Property and although we will try to resolve matters where the Property has not complied with any of its obligations, we emphasise that we do not have control over or responsibility for the actual services provided to you by the Property or for the actions of it or its employees. Therefore, we shall not be liable for any loss, costs, expenses, fines, liabilities, direct or indirect damage, including any extrinsic, special, penal punitive, exemplary or consequential damage or damages of any kind whatsoever (Damage) or howsoever caused in connection with your use of the Client Rooms unless any fraud or gross negligence can be attributed to us in this regard.

5.2. We do, however, accept liability where we or our staff, have not properly performed our contracted obligations except where such failure / improper performance arose:

1. due to the acts and / or omissions of the person(s) affected;
2. due to acts and / or omissions of a person unconnected with the provision of your contracted services and in circumstances beyond our control;
3. due to any event which was beyond our control and which we or the supplier of the service could not have forestalled or foreseen even with all due care.

We shall not be liable for any Damages that are untypical and unforeseeable under these Terms and Conditions and the Confirmation unless any fraud or gross negligence can be attributed to us in this regard.

5.3. Your liability to us: Although we arrange your reservation with the Property(s), we cannot be held responsible for the acts and omissions of you and any of the Voucher holders who use the Confirmed Rooms allocated to you. In the event of any claim, cost or expense arising against us in respect of any such act or omission (if such claim, cost and expense is not without foundation), you confirm that you will fully indemnity us and bear the responsibility for this, either by settling and paying for such claims, fines, costs or expenses or, if you dispute any such claim, fine, cost or expense, that you will be responsible for the costs arising in defending such a claim including our own reasonable costs (if any).

5.4. Warranty: Except to the extent otherwise expressly provided for in this Section 5, our services are provided voetstoots (as- is) and to the extent permissible by law, we provide no warranties, whether express, tacit or implied, arising by operation of law or otherwise, in respect of any of the services provided to you. We specifically disclaim any implied warranties of fitness for a particular purpose or merchantability. Your primary rights in the event the Property services are not performed properly in accordance with these Terms and Conditions and the Order Confirmation, shall be our assigning of our warranty claims, if any, against the respective Property to you. In any case the warranty shall be limited to the Property services being in accordance with the specification given by us.

5.5. Amendments: Neither we nor you may alter these Terms and Conditions without the other's prior written agreement.

5.6. Term and Termination: These Terms and Conditions shall apply to all transactions between us. You may terminate these Terms and Conditions by notice in writing in the event that we commit any serious breach of its material terms and fail to remedy such breach within five (5) business days. We shall be entitled to recall any or all Confirmed Rooms by notice in writing to you if; (a) you commit an irremediable breach, or a remediable breach and fail to remedy it within fifteen (15) days of receipt of notice of said breach requiring remedy of same; (b) you make any voluntary surrender or arrangement with your creditors or become subject to an administrative order or (being an individual or firm) are sequestrated or become bankrupt or (being a company) go into provisional or final liquidation or placed under judicial management (otherwise than for the purpose of solvent amalgamation or reconstruction) or are placed under any other similar or replacement regime covered from time to time by South African insolvency law or cease or threaten to cease to carry on business or an encumbrancer takes possession or a receiver is appointed to any of your property or assets or if we reasonably apprehend that any such event is about to occur and notify you accordingly.

5.7. Waiver: None of these Terms and Conditions may be waived except with the express written consent of the party or parties who is going to be bound by the waiver. Neither your rights nor our rights under these Terms and Conditions will be deemed to have been waived by any act or conduct on either your or our part, or by any neglect to exercise or enforce such right or power or by any delay in doing so. The rights and powers that are given to either of us under these Terms and Conditions shall continue to apply unless and until the person who is going to be bound by a waiver has specifically waived or released such powers in writing and signed in confirmation thereof. No waiver shall operate as a waiver of any other default or of the same default on a future occasion.

5.8. Assignment: The Terms and Conditions that apply to your purchase of Accommodation, are personal to you and you may not assign, transfer, subcontract or otherwise part with any benefits or obligations without our prior written consent, provided however that you may assign or transfer the right to use any number of Confirmed Rooms without our prior written consent. Please note that if you do allow someone else to use the Confirmed Rooms in accordance with this Clause then you agree to ensure that these Terms and Conditions will apply to that person also.

5.9. Independent Contractors: For the avoidance of any doubt, you and ourselves shall each be and remain independent contractors with respect to each other and with respect to all rights obtained and services performed.

Nothing herein shall be construed to:

b. Constitute you or us as the agent, employee or representative of the other;

c. Empower you or us to act for, bind or otherwise create or assume any obligations on behalf of the other.

5.10. Notices: All notices, demands, requests or other communications shall be in writing and shall be sent via registered mail or transmitted by hand delivery or fax to the address or details chosen by each party as follows:

5.11.Severability: If any provision or portion of any provision is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the enforceable portion of any such provisions shall not be affected by this.

5.12.Binding Agreement: Both you and we intend to rely upon the written terms set out here in these Terms and Conditions. If either party requires any changes which are agreed by the other, both parties should make sure to ask that these be put in writing. BOTH PARTIES ACKNOWLEDGE THAT THIS IS A LEGALLY BINDING DOCUMENT. BEFORE AGREEING TO THE PURCHASE OF YOUR ACCOMMODATION YOU SHOULD READ IT CAREFULLY AND ENSURE THAT IT CONTAINS EVERYTHING YOU WANT AND NOTHING YOU ARE NOT PREPARED TO AGREE TO.

5.13. Headings: Section and subsection headings are for ease of reference only and shall not constitute a part of these Terms and Conditions nor be given any substantive effect.

5.14. Resolution of Complaints: If you encounter a problem in relation to the services being supplied you should immediately inform the Property and also our own representative who will do what they can to resolve matters to your satisfaction. If the difficulty is not resolved at the time to your satisfaction you must ensure that you contact us in writing no later than twenty eight (28) days after your return at the address provided to you at Section 5.10 above. If you fail to advise us and/or the supplier promptly about such difficulties this may affect our ability to properly look into and resolve this matter for you.

In the event of any dispute or difference relating to or arising out of these Terms and Conditions, including their validity, implementation, enforcement, execution, interpretation, rectification, termination or cancellation, then a director of HIGHLAND VIEW EXECUTIVE and you or our/your duly authorised representative shall in good faith attempt to resolve the dispute within 14 (fourteen) days from the date upon which the dispute is declared.

If the parties are unsuccessful in attempting to resolve the dispute in terms of Section 5.15 (a) above, the dispute or difference shall be finally settled in Johannesburg, or at any other mutually agreed location, in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Chairperson of such Foundation. The arbitration shall be conducted in the English language with only the parties and their representatives present.

The decision of the arbitrator shall be final and binding on the parties. A binding arbitration award may be made an order of court by either party and enforced against the defaulting party.

The parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential.

The provisions of this Section 5 are severable from the rest of these Terms and Conditions and shall remain in effect and binding even if these Terms and Conditions and the Confirmation are terminated or cancelled for any reason. The arbitrator shall have the power to give the default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

Your purchase of Accommodation and these Terms and Conditions shall be governed by, construed, interpreted, applied and enforced in accordance with, the laws of South Africa (without giving effect to principles of conflict of law thereof) and the place of performance for the services provided under these Terms and Conditions shall be South Africa.

The performance of these Terms and Conditions by either party is subject to acts of God, war, government action or decree, disaster, strikes (other than strikes by our staff), riot or civil disorder, acts of terrorism, curtailment of transportation facilities (to the extent such curtailment was beyond our reasonable control), inclement weather, the postponement or cancellation of the Event, or its being relocated to another venue or any other emergencies beyond the affected party™s control making it illegal or impossible to provide or take up the Accommodation for the purpose of attending the Event. In the event that performance of these Terms and Conditions is not possible by reason of Force Majeure, neither party shall be deemed to be in breach of the terms of these Terms and Conditions and neither party shall then be obligated in any manner to the other with respect to such performance. Compensation will not be payable by either. To the extent we recover monies from the Property(s) we will refund such monies to you and we will use our reasonable efforts to obtain such recovery.

5.18. Insurance:

You are responsible for (and we strongly recommend you do so) arranging and obtaining your own insurance in respect of all issues arising out of these Terms and Conditions including in particular Section 5.17 above. We cannot be responsible for any losses incurred by you arising from a Force Majeure event to the extent we are unable to recover such monies as set out at Section 5.17.

19. Personal Data:

In order to facilitate the successful processing of your purchase of Accommodation, we will ensure that the personal data initially required to be provided by you in connection with your purchase, including payment information, is up-to-date at all times until the day of the Confirmed Room(s). You will be given the opportunity to update, correct and amend your personal data. If all of your Confirmed Rooms are cancelled, you may request deletion of your personal data provided in connection with your purchase by contacting the FWCAO (for contact details please see section 5.10).

You acknowledge and agree that the personal data provided to FWCAO pursuant to your purchase of Accommodation from us, will, subject to applicable law, be used, processed, stored, and transferred to third parties designated by FWCAO (located both within and outside of South Africa) for purposes relating to your purchase of accommodation.

We will ONLY disclose your personal information to third parties:

1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
2. If FWCAO or substantially all of its assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions; or to protect the rights, property, or safety of FWCAO, our customers, or others.
3. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.