Terms & Conditions of Hilton’s POSH Market 2017

Kindly note that all 2017 vendors will have until 18 October 2017 to secure the same site as they had last year. Thereafter consideration will first be given to 2016 vendor applications who have requested sites swaps, followed by applications from all new vendors. Your payment will secure your space and confirm that you agree with and accept the following terms and conditions.
  • Up to 30 days prior to market, 50% of the booking fee will be refunded if 7 days cancellation notice is given in writing.
  • No refunds will be considered after the 1st November 2017.
  1. All invoices shall be due and payable upon presentation. Queries in respect of specific invoices shall not affect immediate payment of any other outstanding amounts. Any amount payable by the client/vendor to the Hotel in terms of this agreement and not paid on due date, shall accrue interest at 2% (two percent) above the prime bank overdraft rate as advised by the Hotel's Bankers.
  2. The Hotel reserves the right to cancel any booking forthwith and without liability on its part in the event of any damage to, or destruction of the allocated rooms by fire, vis major act of God, any shortage of labour or food supplies, strikes, lockouts, and industrial unrest, or any other causes beyond the control of the Hotel which shall prevent it from performing its obligations in connection with any booking. In these circumstances, every effort will be made to accommodate the booking at another Protea Hospitality Group establishment.
  3. The Hotel reserves the right to change the name and location of the vendors previously designated function room upon having given reasonable notice to do so.
  4. Neither the Hotel nor its agents or employees shall be liable for any damages or loss which may be caused to any of the goods of the client/vendor, its employees or invitees brought into the premises for whatever reason, not to any injury or loss of life to the client/vendor or its employees or invitees howsoever caused. The client/vendor further indemnifies and holds harmless the Hotel against any claim that may be made against the Hotel by any third party relating to the provisions of the clause.
  5. The client/vendor shall be responsible for any damage caused to the allocated rooms, furnishings, utensils and equipment therein, by any act or omission of the client/vendor or guests/employee of the client/vendor.
  6. The client/vendor shall not be entitled to:
    1. paint, affix or attach to the function room provided any advertising signs, notices or other matter without the prior written consent of the Hotel which shall not be unreasonably withheld
    2. drive into the walls, floor, partition or doors of the function room any screws or nails in a manner calculated to damage same.
  8. The client/vendor shall not be entitled to assign or cede the booking to any third party not utilising the Hotel's facilities for any purpose than that stated without the Hotel's prior written consent which shall not be reasonably withheld.
  9. A certificate signed by the General Manager or Financial Controller of the Hotel showing the amount owing by the client/vendor at any one time and reflecting the amount thereupon as due and unpaid shall be prima facie proof of the effect therein stated for the purpose of any action (whether by way of provisional sentence or otherwise) shall be sufficient proof of the client/vendors indebtedness on insolvency or for any purpose whatsoever.
  10. Any indulgence shown to the client/vendor shall not constitute a waiver or novation of the Hotel's rights.
  11. All information obtained in any brochure, or catalogue (or which accompanies or forms part of any tender made by the Hotel) which shall include prices, is subject to change and the Hotel will not be bound to comply exactly therewith. The Hotel shall not be liable for any inaccuracies in any brochures or information supplied by it which the client/vendor fails to verify with the Hotel management. Where a price increase is necessitated, the client/vendor will be notified by the Hotel within a reasonable period.
  12. The Hotel shall have the right to cancel this agreement by written notice to the client/vendor in the event that the client/vendor is placed under provisional or final liquidation, judicial management or sequestration or commits any act of insolvency as defined in the insolvency Act.
  13. Advice, recommendations or opinions by representatives of the Hotel are given and expressed in good faith and shall not constitute representations of any description, and shall not give rise to any claim against the Hotel or such representatives.
  14. This agreement constitutes the whole agreement citandi et executandi for all purposes under this agreement at the trading/residential address set out on the face of any agreement until the client/vendor notifies the Hotel in writing of the change of address.
  15. This agreement constitutes the whole agreement between the parties and no warranties or representations, whether express or implied not stated herein shall be binding on the parties. No agreement at variance with the terms and conditions herein shall be binding on the parties unless reduced to writing and signed by or on behalf of the parties by duly authorised persons.
  16. SITES: Indoors – the allocated space per site is a single trestle table.
    Poolside within the existing structure you can erect a 2,8m by 2,8m by 2,5m high gazebo.
    Garden in front of the hotel on the designated lawn area you can erect a gazebo no bigger than 4m x 4m.
    Be aware at all times of allowing ample shopper access for wheelchairs and prams.
  17. WEATHER: Hilton's POSH Market will go ahead regardless of the weather so outdoor vendors should ensure their gazebos do not leak and bring along a waterproof and warm jacket.
  18. STOCK: All products must be of a high quality and displayed on clean table cloths which reach the ground. Gazebos must be clean and secured in case of wind. Stock must not run out.
  19. SET-UP: Stands, gazebos and tables must be completely set up by 8.30am and no client/vendor may pack up until 2.00pm when the market closes.
  20. OPENING TIMES: The venue will be open from 07.00am for stallholders. Any Trailers must be removed from the Hotel car park by 9.00am. The market will close for shoppers at 2.00pm and tables and gazebos must be emptied of stock and any debris by 3.30pm.
  21. SALES: Vendors are responsible for their security, cash float and all transactions.
  22. PAYMENT: Kindly use your Business name as a reference and email your payment confirmation to This email address is being protected from spambots. You need JavaScript enabled to view it. to secure your booking.
  23. ELECTRICITY: Electricity is limited and only available for card machine use. If you require power please bring a 10m extension cable and double adaptor. Power will only be made available by prior arrangement.
  24. This agreement shall be governed by the laws of the Republic of South Africa and in the event of the Hotel having to institute legal proceedings against the client/vendor in terms of this agreement, then the client/vendor agrees to pay the Hotel all costs incurred in respect of such action on a scale as between attorney and own client/vendor, including collection commission.
The Client/vendor hereby agrees that it is a condition of their employees occupation of the property premises that the Client/vendor shall be responsible and/or liable for any accident or bodily injury to any occupant or loss of damage to any property brought by the Client/vendor's employees upon the premises whether arising from fire, theft or from any other causes and by whom so ever caused or arising from the negligence or wrongful act of any person in the employ of the Client/vendor. The Client/vendor whose employees occupy premises in the property is deemed to contract with the Hotel on this basis. The Client/vendor further agrees that a wireless internet connection is unsecured and that their employees utilise the internet at their own risk. The Client/vendor hereby indemnifies and holds the Hotel harmless against any loss or harm whatsoever arising direct or indirect from the dissemination of any data through the use of the Hotel's internet facilities. The Client/vendor agrees on behalf of their employees to bind their employees to the conditions of occupation of the property in question."
Should any non-compliance to the above clauses occur, PROTEA HOTEL HILTON reserves the right to release/cancel all room allocations or event being held for Hilton's POSH Market.