Term and Conditions of Reservation and Occupation
- Definitions Applicable to the Reservation Agreement, unless inconsistent with or otherwise indicated by the context are:
- Cancellation Charges means the cancellation damage payable by the Tenant as set out in paragraph 5 below.
- Confirmation Date means the date on which the signed Reservation Agreement is received by the Agent and there has been receipt of the Deposit, compliant with clause 7 of the Reservation Agreement, into the Nominated Bank Account.
- Receipted Payment means when the respective payments made by the Tenant are reflected as credits in the Nominated Bank Account.
- Notice of Confirmation of Booking means the acknowledgement of the Agent sent to the Tenant that there has been Confirmation of Booking.
- Occupants mean all the persons, including the Tenant, staying over-night in the premises during the Occupation Period.
- Reservation Agreement means the document headed Reservation Agreement to which this Appendix forms an attachment, read with and incorporating the terms and conditions as set out in this Appendix 1.
- The Parties means the Owner and the Tenant.
- Reservation of the Premises
- In order to secure the reservation, the Tenant shall:
- Fax or mail the signed Reservation Agreement to the Agent, and
- Electronically transfer the Deposit, or the full Rental if within 4 weeks of occupation, into the Nominated Bank Account or deposit the same by such other manner as agreed with the Agent. 3. Payment of Balance of the Rental
- In order to sustain the reservation, the Tenant shall Electronically transfer the Balance of the Rental into the Nominated Bank Account before and by no later than 56 days before the Occupation date if Occupation falls in High season, or 28 days before the Occupation date if it falls in Low season;
- Breakage and Security Deposit
- Prior to the Occupation Date, the Agent will issue an Invoice for the value of the Breakage and Security Deposit and the Tenant will be requested to pay this to the Agents Bank Account.
- Upon receipt of payment of the Breakage and Security Deposit, the Agent will issue the Arrival Instructions and Directions for the Premises via email to the Tenant.
- Upon the expiry or earlier termination of the Reservation Agreement, the Agent or Owner shall be entitled to debit the Tenant’s breakage deposit for payment of any unpaid accounts, costs for services rendered to the Occupants at the premises, for repairs, maintenance and/or replacement of broken or missing items at the Premises. These costs will include any bank charges or credit card commissions incurred.
- The Tenant may not under any circumstances whatsoever set-off monies owing by him under the Reservation Agreement, against the breakage deposit. • The balance of breakage deposit shall be refunded to the Tenant within 10 (ten) days of the Termination Date unless the necessary repairs or replacement of broken or missing items takes longer to rectify.
- Changes to Reservation
The Agent together with the Owner will try to assist if possible to accommodate minor changes in the reservation requested by the Tenant in writing 5 weeks before occupation, if such changes can possibly be accommodated;
- Name changes of the Tenant may be treated as a cancellation and be subject to cancellation charges
- The Agent shall be entitled to charge an amount of R 450.00 for each change in the reservation. • If a Tenant chooses to modify their holiday arrangements after commencement of the holiday i.e. change of accommodation, or the duration of stay, they will be deemed to have broken their contract with the Owner; they shall not be entitled to any refund for unused services or arrangements.
- Cancellation of Reservation by Tenant
Any requests for changes in or cancellation of the Reservation Agreement must be made in writing to the Agent for the Owner and delivered by secure E-Mail or by Fax, by the person who signed the Reservation Agreement, and
- Cancellations will only become effective upon the receipt by the Agent of the written notification and will invoke Cancellation Charges that will be payable by the Tenant as follows :
Weeks before Arrival Forfeit / Loss More than 8 weeks Loss of Deposit
Between 4 to 8 weeks 50% of Rental 4 weeks or less 100% of Rental
- A full refund will be made if the cancellation arises from the Tenant’s death or hospitalization, provided that satisfactory proof thereof is provided to the Agent.
- Tenants are advised to take out holiday insurance covering the Tenant’s own liability and cancellation / curtailment risks for any reason.
- Cancellation of Reservation by Owner
The Owner reserves the right to cancel a Tenant’s reservation under the following circumstances:
- If the premises are rendered unsuitable by Force Majeure, including but not limited to fire, flood, or act of God, then in such case the Agent will make every effort to find an alternate booking arrangement of a similar standard, if available, or the Owner will repay to the Agent on demand the pro rata portion of the Rental in relation to the Occupation Period during which the Tenant is not able to occupy and enjoy the reasonable usage of the Premises.
- If at the due date the Tenant has failed to pay the balance of the Rental due and remains in default despite the Agent giving 48 hours’ notice to rectify the omission, then the Owner shall be entitled to cancel the Reservation Agreement, in which case Cancellation Charges as described in paragraph 5 above will be applied.
- Provided that the Owner complies with Reservation condition above mentioned, the Owner will not be liable for breach of contract or claim that may result from any inconvenience suffered.
Personal Injury or Loss of Property
- Neither the Owner nor the Agent shall be responsible for personal injury or loss of property to any of the Occupants or their guests.
- The Occupants shall accept full responsibility for any damage or accidents caused by or arising out of their own negligence, misuse of property or failure to comply with applicable statutes and regulations. Equally, no claims of any sort will be entertained by the Owner in the event of incidents occurring whilst Occupants or guests are under the influence of alcohol or any drugs.
- All Tenants / occupants are strongly advised to arrange comprehensive insurance against travel and other related risks including damage, theft or loss of personal items. It is the Tenants responsibility to fully insure their personal items and also to keep the property properly secured including by setting any alarm and securing all doors and windows when going out.
Tenants staying with children do so at their own risk and are urged to take all due care and attention during their stay because of balconies, split level terraces with steep drops and unfenced pools
- Swimming Pools
Where properties feature a swimming pool, these are to be used entirely at the Tenants own risk.
- The Premises will be available from 14:00 hours on the first day of the Occupation Period. b. Occupants and any guests are to leave the premises before 10:00 hours on the Termination Date, failing which the Owner has the right to charge the Tenant for an extra day (or longer where applicable). c. The Tenant shall notify the Agent within 24 hours after the Occupation Date, of any defect in the premises or the absence of any item on the inventory, failing which the Tenant shall be deemed to have acknowledged that the premises were received in good order. The Owner, through the Agent will arrange for rectification within 48 hours, or such period as arranged with the Tenant. d. The names of all the Occupants must be provided at the time of booking. If the number of Occupants increases above the number agreed at the time of booking, the Tenant shall advise the Agent in advance, of any such increase in occupants which may happen at any time during the Occupation Period. The Agent will request the Owner’s consent for the additional guest/s and if granted the Tenant will be invoiced at the daily rate for such additional occupants and will be required to make payment upon presentation of Invoice. e. If the Owner’s consent is not given for the additional guest/s, then having the additional guest stay overnight will constitute a breach of contract exposing the Tenant and Occupants to be evicted with no refund. f. Occupants of the property should only sleep on the beds provided, though where applicable sofa beds may be used for children under 16 by prior arrangement. g. The Tenant may not sublet the whole or any part of the Premises to any third party, nor may the Tenant cede and/or delegate any of his obligations under the lease. h. The Occupants shall not do anything which could damage the premises or render any insurance policy in respect of the premises void or voidable. i. Should the Occupants or guests break or lose anything of the Owner’s, they must advise the Agent so the Agent can arrange replacement, or repair, to the highest standards, which Owners expect. Rectifying the problem by Occupants them self would not be tolerated. j. The Occupants shall comply with the rules of the body corporate (if applicable). k. The Occupants may not make any alterations or additions to the Premises, nor affix anything to the walls of the premises. l. The Occupants shall only use the premises for residential accommodation purposes only. m. The Tenant shall keep and maintain the interior of the Premises clean and in good order and condition. n. The Occupants shall ensure that refuse is save in the pace provided. o. No pets will be allowed. p. The Premises operates a strict non-smoking policy indoors. q. The Tenant shall allow the Agent permission to enter the Premises at any reasonable time on 24 hours’ notice, to inspect the same in order to view the condition and state of repair thereof. r. The Keys are the responsibility of the Tenant; no copies may be made by the Tenant. If any keys are lost, the Owner is entitled to charge the Tenant such cost of replacing lost keys and / or any associated locking mechanisms.
- On the Termination Date, the Tenant shall :
- Return and deliver the premises in good order and condition to the Agent.
- Return and deliver all keys to the Agent or Owner.
- Settle the costs of any additional services requested by the Tenant and provided by the Owner and/or Agent.
- If the Tenant wishes to extend the Occupation Period, and subject to the Premises being available, this could be arranged with the Agent for an agreed additional Rental. Such additional Rental shall also be required to be paid in advance.
- Occupant Behaviour
The Occupants must behave in a manner that is considerate to others.
- If the Occupants cause unreasonable annoyance, noise, distress, damage, crime or danger, the Owner has the right to evict the Tenant and his party.
- No Parties or functions such as weddings are allowed without the Owner’s prior written consent.
- Complaints and Problems during Occupancy
- In the unlikely event that the Tenant has any complaints during their stay or there are any maintenance issues to be attended to, the Tenant must let the Agent or Owner know as soon as possible so that the fault can be remedied.
- If the Tenant does not notify the Owner or Agent as mentioned above, in the event that The Tenant vacates the property without authorisation during the rental period, they will lose any rights they might otherwise have had to compensation.
- Owners and the Agent are not responsible for issues out of their control such as the failure of the water supply, gas, electricity, telephone or internet services, pool filtration or heating systems or any appliances although they will use their best endeavours to resolve any problems as soon as possible once notified of them.
- Owner’s Duties, Rights and Obligations
The Owner Undertakes at its own cost and for the duration of the Occupation Period, to :-
- ensure that the premises are clean, in a good and clean condition and all fittings, appliances, equipment and amenities shall be in sound and good working order and suitable to be let as executive accommodation.
- ensure that the Premises is let with all the furnishings, fittings, appliances, equipment and amenities represented by the Owner as being in or forming part of the Premises;
- provide a cleaning service times a week on Business Days only; the cleaning service notes not extend to personal laundry but local laundry services are available.
- ensure that linen is changed frequently; linen and towels are provided at the property;
- provide a pool and gardening service (where necessary) times a week; The Owner further undertakes to and in favour of the Tenant that it will, as soon as is reasonably possible, inform the Tenant, via the Agent, of any facts and/or changes in circumstances which may be material to, and/or may affect.
- Descriptions of Premises
- Minor differences between the actual Premises and any description or illustration thereof may exist. While the Agent and the Owner take all reasonable steps to ensure the accuracy of such descriptions and illustrations, they will not be liable for any non-material errors or differences or for the results thereof.
- Non-material differences in the description of the Premises will not amount to a breach of the Agreement and will not entitle the Tenant to cancel the Agreement.
- The Reservation Agreement shall be interpreted and governed in accordance with the laws of the Republic of South Africa. The parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Cape of Good Hope Provincial Division.
- Notwithstanding the provisions of above, the Tenant hereby, in terms of section 45 of the Magistrates Court Act 32 of 1944 (as amended), consents to the jurisdiction of the Magistrates Court in respect of any action or proceedings arising out of this Agreement.
- Domicilium Citandi et Exutandi
- The Tenant appoints as his domicilium citandi et exutandi for all purposes, at the Premises during the Occupation Period and otherwise at the address set out in clause 2 of the Reservation Agreement.
- All notices to be given to the Tennant during the Occupation Period shall be in writing and hand delivered to the Premises and otherwise sent by E-mail or Fax at the address set out in clause 2 of the Reservation Agreement
- All notices to be given to the Owner relative to the Reservation Agreement should be in writing and hand delivered to the Agent by e-mail or Fax.
- If any party commits any breach of any of the terms and conditions of this Agreement (“the defaulting party”) – except as a result of circumstances entirely outside of that party’s control – then the remaining party (“the aggrieved party”) shall be entitled to give the defaulting party 48 hours’ notice to remedy such breach, and if the defaulting party fails to comply with such notice then the aggrieved party shall be entitled, but not obliged, without prejudice to any other rights which the aggrieved party may have in law, including the right to claim damages –
- To cancel the Agreement; or • Claim with immediate performance and/or payment of all the defaulting party’s obligations in terms hereof