15 Redelinghuys St

Flamwood, Klerksdorp, 2571

Phone: 083 683 5172

E-mail: info@gemstoneguesthouse.co.za


Thank you for choosing to stay with us, we hope you will enjoy your stay and come again.

The following terms used in this contract are thus defined:

Guesthouse” is the legal body, or which accommodates guests in return for payment.

Guest “is an individual person who make use of the accommodation. The guest is usually the contractual partner e.g. Member of the family, friend, colleague, etc. “Contractual Partner” is an individual person or legal body from South Africa or a foreign country who/which enters into an accommodation contract as a guest or for a guest. Accommodation contract” is the contract made between the guesthouse and the contractual partner, the contents of which are regulated in detail in this document. “Contracting parties” are the guesthouse (accommodation provider) and the contractual partner (individual guests, tour operators, travel agents, corporates or private travel groups).

The Terms of Conditions apply for the booking and form a legally binding contract between parties,

 1.1. The provisions and policies of these Terms and Conditions, and the duties of a guest in relation to the use, occupation and enjoyment of his room/s and the use and enjoyment of the common property shall be binding on all guests and occupiers, and it shall be the duty of the guest to ensure compliance with these rules by the occupiers of his room/s, including family members, guests and visitors of his room/s. Any dispute between us will be governed by the law of the South African Courts.

1.2. The accommodation contract comes into effect upon acceptance of the guesthouse’s written or verbal Quotation/Invoice.

1.3 The person who excepts the Quotation/Invoice or made a booking through one of our booking sites is deemed to be responsible for this contract, the full payment of the Invoice/s, his/her actions, and those of any of his/her party.

1.4. Should you contravene this policy Gemstone Guesthouse reserves the right to terminate your service. If your service has been terminated, you will have to leave the premises promptly and charged in full for your entire term of accommodation. Access to your room and access to the security gate will be taken away. If you do not leave the premises promptly you will be escorted out of the property by our management.


2.1. When you book directly with us the following booking policy applies:

2.1.1. A 50% deposit is required in 3 working days to confirm your booking, to be paid by electronic transfer (EFT) to Gemstone Guesthouse.  When you make a booking through one of our booking sites you pay the 50% deposit to the booking company.

2.1.2. Registered travel agents and corporates are permitted to provide the guesthouse with an order number and/or voucher which guarantees payment of the account.

2.1.3. By entering an accommodation contract, the contractual partner acquires the right of normal use of the rented rooms. The facilities in the guesthouse which are generally open for normal use by guests. The contractual partner has the right to act within any guesthouse or guest regulations. (Guesthouse Rules)

2.1.4. Upon check-in the balance of the quoted amount is payable by card, electronic transfer (EFT) or cash to Gemstone Guesthouse. Deposits are not refundable in the event of non-arrival.

2.1.5. When making a direct booking your booking will be regarded as provisional until we acknowledge receipt of your deposit payment confirmed in our bank account.

2.1.6. Your booking will automatically be cancelled if your deposit stated in paragraph 2.1.1 are not received by the due date.

2.2. When you book through a Booking site:

2.2.1. The Booking policy of the Booking site also applies.

2.3. The quoted price is binding and final, irrespective of prices on the guesthouse website or any other advertisements.

2.4. Children under the age of 18 cannot occupy a room unaccompanied by an adult.

2.5. No persons other than those quoted for and booked are permitted to share the accommodation.  If it is possible to accommodate any extra person/s in the same room, an additional charge will become payable. The final decision regarding the accommodation of additional persons in the same room rests entirely with the Management of Gemstone Guesthouse.


3.1. You will be able to check-in between 14:00 and 20:00. Arrivals after 20:00 are by prior arrangement only. Please phone in advance to advise us of your estimated time of arrival in case it is after 20:00.

3.2. If you do not arrive by 20:00 and prior arrangements have not been made, it will be treated as a non-arrival and your booking will be cancelled.

3.3. Rooms must be vacated by 10:00 on the day of departure. If departure is expected to be after 10:00 the guest must inform the front desk no later than 20:00 on the day before departure. In the event of departure before 14:00 half of the room price for that day must be paid. If departure is after 14:00 the full room price must be paid.

3.4 According to the immigration Act 13 of 2002 together with Regulation 36, states that, inter alia, all hotels/guesthouses and motels must keep a register containing details of all persons who are provided with lodging or sleeping accommodation. 

The Register must, in respect of a lodger, contain:

3.4.1. his or her full names and surname;
3.4.2. a copy of his or her identification document or passport;
3.4.3. his or her residence status in the Republic; and

Under the Act each lodger must sign the register and furnish the prescribed particulars regarding himself or herself.

3.5. Upon check-in the outstanding balance of the Quotation/Invoice amount is payable in full by card, cash, or electronic transfer (EFT).

3.6. If upon check-in payment is not made in full, and the Invoice is not completed and signed, your accommodation will immediately and automatically be cancelled, and your service terminated as described in paragraph 1.5.

3.7. Any extras incurred will be payable on the day the service is rendered.

3.8. If your account becomes arrears a 10% interest will be charged on arrears of more than 30 days.

3.9. Should the guesthouse accept payment from a foreign bank account through SWIFT transfers, any transaction cost is to be borne by the contractual partner.

3.10. All rates are in South African Rand and include VAT. In the event of an increase in VAT rates after conclusion of the contract the expense will be of the guest.


4.1   In the case of unforeseeable circumstances and other hindrances for which the guesthouse is not responsible, in particular those outside the guesthouse’s sphere of influence, the guesthouse reserves the right to withdraw from the contract without the guest being entitled to any claim for compensation. Unless otherwise stipulated, the following cancellation conditions apply for guests:

4.1.1. Up to 15 days prior to check in – free of charge and the deposit will be refunded in full.

4.1.2 Up to 7 days prior to check in – 50% of the full accommodation fee will be charged as Cancellation.

4.1.3 Up to 3 days prior to check in – 75% of the full accommodation fee will be charged as cancellation.

4.1.4 Less than 3 days prior to arrival – 100% of the full accommodation fee will be charged as cancellation.

4.1.5 Upon cancellation, a 7% administration fee will be subtracted from the total refundable amount. The administration fee will be charged on top of the cancellation policy.

4.1.6 No shows will be charged at 100% of the full accommodation fee.

4.1.7 Early departures (i.e. checking out before the agreed departure date) will be charged at 100% of the full accommodation fee and no refunds will be given.


 The guesthouse can allocate the contractual partner alternative accommodation (same standard) when it is acceptable within reason to the contractual partner, especially when the divergence/difference is minimal and realistically justifiable.

5.1 A realistic justification is given for example when the room(s) has (have) become unusable, when guests already occupying the room(s) decide to extend their stay, when an over-booking occurs or other important company internal reasons which make these measures necessary.

5.2 Any additional costs incurred for the alternative accommodation are to be paid by the guesthouse.


6.1. All guests including the family members, other guests and visitors shall use and enjoy their rooms and common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other guests and occupiers or other persons lawfully on the premises.

This includes the following:

6.1.1. The provisions of the Occupational Health and Safety Act, No. 85 of 1993 shall be adhered to and the safety of all people and properties. on the premises shall not be compromised.

6.1.2. Noise levels shall be kept low enough not to disturb other guests.

No music players are allowed on the property. Quiet time is from 21:00 at night to 07:00 in the morning. No Music or loud conversations will be fallowed inside or outside the rooms during quiet time.

6.1.3. Other guests’ and personnel’s property and information shall be respected and left alone.

6.1.4. No harassment or abusing of other persons on the premises.

6.1.5. No drugs, drunkenness, promiscuity, indecency, and rowdiness on the premises.

6.1.6. Photos, audio, and video may only be taken of other guests or personnel only by their explicit consent.

6.1.7. Drones may only be used on the premises by permission of Management.

6.2. Visitors are only allowed by prior arrangement with management. Management will determine the number of visitors allowed at their sole discretion. No visitors allowed on the property during quiet time (21:00 to 07:00).

6.3. When you leave the room, appliances must be switched off, except phone, tablet and laptop chargers and fridges, to reduce electricity consumption.


7.1   The guesthouse, nor any of their directors, officers, employees, representatives, or agents   shall be liable for any loss or damage (whether direct, indirect, consequential, or otherwise) suffered by the guest and/or any other person.

The guest and/or any other person indemnify the guesthouse   and their directors, officers, employees, representatives or agents against any claim by any other person, arising from any cause in connection with the delivery of services, save in the event that such loss or damage arises from  gross negligence  or wilful misconduct  on the part of the  guesthouse or any of their  directors, officers  employees, representatives  or agents.

7.2   Notwithstanding the foregoing, nothing in these terms and conditions is intended to exclude or limit any of the guest ’s rights. 

The guests have as a consumer under the Consumer Protection Act 68 of 2008 or any other applicable law which may not be excluded or limited, or to exclude or limit in any way the liability to the guest or any other person under the CPA or any other applicable law which may not be excluded or limited.

7.3 Guests use the guesthouse and recreational facilities at their own risk. The guesthouse is not liable for deficiencies not immediately recognisable when acting with due diligence, or for damages resulting therefrom.  A pursuant reduction in price may not be demanded.

7.4 The contractual partner understands and agrees that the guesthouse and any holding or subsidiary company will not accept responsibility for any loss or damage to vehicles parked or property that might be inside such vehicle.   Vehicles and property stored entirely at own risk.


8.1 Smoking – No smoking inside the buildings. Smoking can be done on the balcony/patio or in the garden, except if the other guests do complain. No smoking-water pipes (Hubbly) or candles are allowed on the property. In the event of a guest, or guests, smoking in a bedroom we may also include charging for an additional night’s accommodation in order to allow the room to ventilate prior to re-letting plus a charge of R500 towards the cost of complete cleaning & steaming of bedroom and the laundering of all fabrics and bedspreads.

8.2 One parking – One parking is allocated on the premises to each room; other guests and visitors must park outside the premises. You are responsible not to soil the parking space, such as oil leaking from your car. If your car did soil the parking space, the Guesthouse will have it cleaned and you will be billed accordingly.

8.3 Laundry -Can be provided if an extra surcharge is paid, and then only by prior arrangement. Under no circumstances are guests allowed to operate the washing machines on their own. If you need ironing done. You will be directed to a designated area with equipment where you can do the ironing. Take all reasonable measures to prevent blockage and obstructions from occurring in the drains, sewerage pipes and water pipes serving the premises.

8.4 No animals-No animals may be brought onto the premises without permission from management.

8.5 The Swimming Pool – The Swimming pool is exclusively for Gemstone Guests only. Hours of swimming pool use is from 07:00 to 19:00pm. Take note we do not have a lifeguard – children must be supervised by their parents. Glass bottles, glasses or any glass objects are strictly prohibited around and in the swimming pool. Persons under the influence of alcohol will not be permitted to use the swimming pool. Guests utilise the swimming pool at their own risk and the guesthouse will not be responsible for any injuries or death while using the guesthouse facilities. No person with communicable diseases allowed in the Pool.  Make use of swim towels provided at reception no room towels allowed at the swimming pool.

8.6 Catering and Meals -Catering and Meals are optional and only served during weekdays. Breakfast is served daily from Monday to Friday from 07:00 to 09:00. Paid dinner, will be ordered in, and served in your room or in the dining area. We normally order in from #Braai, Mikes Kitchen, Pancake man, Rubique Coffee bar etc.

8.7 Load shedding Sorted. –Gemstone guesthouse, has a backup generator the generator will run between 6:00am to 08:00 in the morning and from 18:30 to 21:00 in the evening. If you need electricity in the time slots not mentioned, the cost may be charged to your account.

8.8 Managing water supply interruptions and alternative sources: -For the comfort of our guests, we have boreholes, JOJO tanks and water pressure booster pumps on both our properties.

8.9 Group bookings – Only allowed for schools and special sport events. Where a party of people are booked into the Guesthouse (a party being where more than one room is booked) by a Party leader then the responsibility for the conduct and actions of all the members of the party is the responsibility of the Party Leader. The person making a group booking is ultimately responsible for full payment for all rooms. If guest numbers in the party change between date booking made and date of stay, then it is their responsibility to ensure full utilisation of the rooms. The room rate agreed at time of booking shall stand. Breakage deposit of R2000.00 payable before check in date.

8.10 Children – As the parents, guardians, or chaperones of children aged 12 and under, you are personally and legally responsible for, and must supervise them at all times. For safety reasons, please do not leave children unattended in guest rooms or allow them to roam the guesthouse property unsupervised. Gemstone Guesthouse takes no responsibility for any accidents, etc. caused by the parents’ or guardians’ negligence.

8.11 Free WI-FIAccess to our WiFi is free for our registered guests. The Guesthouse WiFi access code is subject to change without notice. WiFi signals are subject to change without notice depending on the room’s location, the status of our WiFi-equipment, and interference from other local wireless signals. Gemstone Guesthouse assumes no liability for guest use.

8.12 Braai facilities- Braaiing facilities are only available for Paying guests booked in at Gemstone Guesthouse.  No braai wood will be supplied. Noise levels are expected to be kept to a minimum and will be closely monitored by Owner/Management. Parties near the braai facilities will not be permitted unless authorized by management. Should any problems occur, guests will be expected to settle the Full account and leave the premises immediately. Extra care must be taken when using the braai facilities, the pool facilities and using of staircases and balconies. Children around these facilities must be under constant adult supervision.


You are liable for any damage howsoever caused (whether by deliberate, negligent, or reckless act) to the room(s), guesthouse’s premises or property caused by you or any person in your party, whether staying at the guesthouse during your stay. Your account will be charged to compensate or make good the cost or expenses incurred or suffered by Gemstone Guesthouse as a result of the aforesaid. Should this damage come to light after the guest has departed, we reserve the right, and you hereby authorize us, to charge your credit or debit card for any damage incurred to your room or the Guesthouse property during your stay, including and without limitation for all property damage, missing or damaged items, smoking fee, cleaning fee, guest compensation, etc. We will make every effort to rectify any damage internally prior to contracting specialist to make the repairs, and therefore will make every effort to keep any costs that the guest would incur to a minimum.


9.1 DAMAGE DISCOVERED AFTER CHECK-OUT: Guest Rooms found with waste scattered around, in complete disorder, and/or “trashed” will be subject to a R1,000.00 maintenance deep cleaning fee, administration fee and/or third-party fees.


9.2 DAMAGE TO ROOM: Damage to rooms, fixtures, furnishing, and equipment including the removal of electronic equipment, towels, artwork, etc. will be charged at 100% of full and new replacement value plus any shipping and handling charges. Any damage to hotel property, whether accidental or wilful, is the responsibility of the registered guest for each room. Any costs associated with repairs and/or replacement will be charged to the account or credit card of the registered guest. In extreme cases, criminal charges will be pursued.

9.3 DAMAGE TO MATTRESSES AND BEDDING: Damage to mattresses and linen including towels, mattress pads, sheets, bedspreads, blankets resulting from the use of body oils, make-up, shoe-polish, etc. will result in a charge at 100% of full and new replacement value plus any shipping and handling charges, for the special cleaning, repair, or replacement of the damaged article.


9.4 INFESTATION: (means the presence of lice, pinworms, scabies, or other parasites). The cleanliness of our rooms is extremely important to us, and our guests. If you bring any infestation into your room or onto our Guesthouse premises, we may charge you for any and all costs and expenses, including immediate or urgent response requirements and loss of room revenue, that we deem necessary to address the infestation.


10.1 FOUND ITEMS: Gemstone Guesthouse is not responsible for any item left behind by a guest. However, any item, with the exception of perishable items, left behind by our guests and found after departure by Housekeeping will be collected, logged in, and kept in a secure location for collection by the owner for up to thirty (30) days. Reasonable effort will be made to notify the guest that an item has been found. Perishable items, underwear, and miscellaneous toiletries will be discarded.


10.2 RETURN: We would be happy to return your lost item(s) to you if you are willing to pay for delivery and handling fee. A separate receipt will be mailed to you. Gemstone Guesthouse is not responsible for any item lost or misdirected during shipment.


10.3 UNCLAIMED ITEMS / NO CONTACT: Lost & Found items are held for thirty (30) days while we attempt to contact the guest. If guest contact information is incorrect or mobile phone mailbox is full and we are unable to contact the guest during the thirty (30) day holding period, the unclaimed item(s) are thrown away, given to local organizations, or disposed of accordingly by Gemstone Guesthouse


Thank you.