1. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
2. “Guest” means the person/s named on the booking form and who contracts with the Rental Agent on the terms and conditions hereunder. The guest shall also include any agent who makes any booking of third-party guests in respect of a booking. Such agent, as well as the persons named on the provisional and the confirmed booking form, shall be jointly and severally liable to the Rental Agent for the performance of their obligations in terms of these standard terms and conditions, as well as any contract/s made pursuant thereto;
3. “Premises” means the Premises as indicated on the Rental Agreement, or as designated by the
4. “Rental Agent” means the Company/Close Corporation named on the booking form, being Cape
5. “Services” means the provision of accommodation, transfers, transportation, booking of tours and excursions for the guest in South Africa.
6. “Owner” means the owner of the Premises whose full details are available on request;
7. “Manager” means the manager of the Premises, appointed by the Owner, whose full details are
available on request.
THE RENTAL AGENT ACTING AS AGENT ONLY
1. In terms of these standard terms and conditions, and any contract/s concluded pursuant hereto, the Rental Agent acts as agent only for and on behalf of the Guest in procuring the services. As such, the Rental Agent shall procure the services for and behalf of the Guest as agent for it with relevant third party service providers concerned. The Rental Agent shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
ITEMS NOT INCLUDED IN BOOKING
1. The quote received is for accommodation only. Please be aware that there may be supplementary charges levied by the managing agent for other services, including but not limited to late arrivals, internet, housekeeping, laundry, baby equipment, etc.
2. Certain items are not included in the cost of the booking. These costs are the responsibility of the Guest including, but without limiting the generality of the foregoing, the costs of insurances as referred to below, insurance cover for cancellation and curtailment, repatriation costs and any optional excursion not reflected on the booking reservation.
3. Unless otherwise agreed prior to booking, the Premises may only be used as private rental
holiday accommodation and not for any photographic or film location work or as a venue for any
function, wedding, party or event. Where the Rental Agent becomes aware of any unauthorized
use of the Premises it shall be entitled to require such usage to cease immediately and/or
terminate the Rental Booking and require the Guests to leave. In these circumstances the Rental Agent may also be entitled to charge an additional fee for the unauthorised event, such fee to be calculated reasonably at its discretion depending on the nature of the event and to be payable immediately by the Guest.
1. In order to secure a provisional booking for the services required by a Guest, the Guest shall complete in writing and dispatch to the Rental Agent the Reservation Confirmation and
simultaneously, the Guest shall pay the Rental Agent the Deposit amount specified in the
Reservation Confirmation applicable to his accommodation. In the event of the deposit not being paid aforesaid, the provisional booking shall lapse.
2. Upon receipt by the Rental Agent of the deposit due from the guest, the provisional booking shall be confirmed. If the balance of the monies due from the guest is not received 30 days prior to arrival the booking will be automatically cancelled and the deposit will be forfeited. In the event of the guest wishing to amend his reservation in any way, the Rental Agent may elect, in its sole discretion and without obligation, to do so.
3. The Guest shall advise the Rental Agent in writing of any special requests, needs or facilities required by him, including but not limited to medical needs, requirements relating to disabilities, special dietary requirements, etc. The costs of complying with such special requests, needs or facilities shall be borne by the Guest and payable on demand.
1. The Rental Agent requires a security deposit in addition to the accommodation cost as per
Reservation Confirmation received relating to his/her booking. This payment is held by the Rental Agent or Manager/Owner of the accommodation and is a holding payment, which will only be exercised in the event of damages or breakages to the Premises as well as any additional charges such as extra internet, telephone or lost keys. In the event of damages, guests will be informed in writing within 7 working days of their departure. The damages will then be claimed against their security deposit. Damages are not limited to the specified amount and should the damages to the apartment exceed this amount then the guest will be held liable for any additional costs over and above the security deposit.
a. The Premises is accepted as including all furniture, fittings and accessories “voetstoots ” and in the condition in which they are found and shall be left in the same order and good condition, fair wear and tear excepted.
b. The Owner and the Rental Agent takes no responsibility for the breakdown or malfunction of
appliances during your stay, however, every effort will be made to repair any faulty appliances which are reported. The Guest shall be responsible for any shortages and breakages during the occupancy.
2. Should the Guest secure damages insurance through GEXsa, the terms of the GEXsa agreement
DAMAGES AND CLAIMS
1. Guest must report any damages to the apartment within 24 hours of arrival, failing which the apartment will be deemed to have been in good order. The Rental Agent and Owner/Manager will endeavour to make good any damages reported by the guest within 2 days of receipt of the report from the Guest.
2. The Guest confirms that he has read and understood the description of the premises that he has chosen as displayed either on the website www.capetownvillas.net or on the applicable Premises fact sheet sent for the Premises booked, whichever is applicable.
3. The Rental Agent cannot be held liable for changes to the Premises booked, including but not limited to the upgrading of the furnishings, renovations or alterations to the Premises and construction and/or building work nearby affecting the Premises.
4. The Rental Agent reserves the right to substitute the applicable apartment with another similar or higher quality apartment should the chosen apartment not be lettable for any reason whatsoever.
5. The Rental Agent is not responsible for disturbances, failures or malfunctions out of our
respective control, as well as the failure of services supplied by the municipality, services supplied by third party data and telephony suppliers, pool equipment malfunctions, appliance malfunctions and/or neighbour, construction or other nuisances. We will make every effort to assist with the resolution of any such problems as soon as we are notified of them. If you vacate or abandon the Premises during the Rental Period, you forfeit any claim to compensation, assistance and/or reimbursement if applicable.
CANCELLATIONS AND REFUNDS
1. Cancellation by Guest
a. Cancellations of confirmed bookings for whatever reason may only take place according to the procedure outlined in the Reservation Confirmation applicable to the Guest’s booking. All requests for cancellations shall be made by the guest in writing to the Rental Agent and shall only be effective on the date of actual receipt by The Rental Agent.
b. You hereby agree and acknowledge that this is reasonable, in light of the fact that the chances of re-advertising and/or remarketing the Premises and finding another rental booking are slight, and that the retention of the Confirmation Deposit or Total Cost is a genuine, reasonable and fair pre-estimate of the loss and/or damages suffered.
2. Cancellation by Owner or Manager
a. It is unlikely that the Owner or Manager will have to make any changes to the Rental Agreement after confirmation but should this happen due to reasons beyond the owner/agent control a similar Premises will be offered. If this is not possible or you do not want to be transferred, the agreement will be cancelled and all monies paid will be refunded to you. Please note that we will not be liable for any cancellation fees for travel arrangements or any further claims by you or anyone else in your party
3. No requests for refunds will be considered after the departure of the Guest.
RIGHT OF RETENTION
1. Until such time as the Rental Agent has received payment in full for the services as set out in the confirmed booking reservation, access to the accommodation or use of services will not be issued or handed over to the guest. The provisions of this clause shall entitle the Rental Agent so as to give it a right of retention or lien in respect of the documents.
ALTERATIONS TO ITINERARIES
1. The Rental Agent has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure, the definition of which including war, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other external circumstances beyond the Rental Agent’s control.
2. The Rental Agent reserves the right to substitute the applicable apartment with another similar or higher quality apartment should the chosen apartment not be lettable for any reason whatsoever.
3. Any extra costs and expenses occasioned as a result of an alteration to or cancellation of
itineraries by the Guest shall be payable by the Guest on demand by the Rental Agent.
1. Cleaning services are procured by third party suppliers and are available as agreed upon confirmation. The cleaning staff will only perform the following duties: Change bed linen (minimum once per week), clean bathrooms, sweep, mop, and dust the premises, wash the crockery and cutlery. Windows and patios are cleaned once a week weather permitting. The Guest may arrange in writing with the Rental Agent for any additional cleaning services.
2. In the event of a disruption of the cleaning services, the Rental Agent will endeavour to find a replacement cleaner within a reasonable time.
1. Should internet connections be available at the Premises, they are for the account of the Guest and are to be paid in full prior to departure unless otherwise arranged.
2. Internet services are for email and web browsing only and should not be used for any other
purpose unless otherwise agreed in writing.
3. The Rental Agent does not take responsibility for faulty internet.
4. The Guest accepts that internet speeds in South Africa are below the international standard.
FAIR USAGE POLICY
1. Included in the cost of the booking is the charge for the use and consumption by the Guest of all electricity and water consumed upon the Premises unless otherwise agreed. Guests are kindly requested to use electricity and water sparingly and only according to their needs.
2. In the unlikely event that a Guest consumes a disproportionate amount of electricity and water then the Rental Agent has the sole discretion to deduct any amount which it thinks fit, from the security deposit.
RESPONSIBILITIES OF THE GUEST
1. The Guest shall
a. keep the Premises clean, tidy, and habitable;
b. activate the alarm when leaving the Premises unattended for any period of time during the booking period;
c. permit the Manager, Owner or Rental Agent access to the Premises on demand;
d. not use the Premises or allow them to be used, in whole or part, for any purpose other than that of a private dwelling;
e. take all reasonable measures to protect the Premises and all parts thereof from abuse, damage, destruction, and theft;
f. not cause or commit any nuisance on the Premises or cause any annoyance or discomfort to other guests or occupants of the Building, including but not limited to loud noise after 21h30;
g. not leave refuse or allow it to accumulate in or about the Premises except in the refuse bins provided;
h. not allow more than the specified persons as per the booking form to reside in the Premises at the same time;
i. ensure that all lights and appliances are not left on unnecessarily and switched off when leaving the premises. Guest is reminded that Cape Town is an energy saving conscious city.
j. ensure that all doors and windows are closed and/or secured at all times and that all furniture including but not limited to outdoor chairs and umbrellas are secured and fastened, as Cape Town is a windy city.
k. not use any tobacco products or allow any other person to use tobacco products in or around the Premises. No cigarette stubs may be discarded in the Premises or on the communal Premises and stairs, nor be thrown from the Premises’ windows onto the surrounding Premises.
l. not allow any animals of any kind in the Premises unless written consent by the Owner or Manager is given.
2. In the unlikely event that a Guest does not comply to any of the terms in this clause, the Guest agrees that any costs incurred by the Owner/Manager to make right the damages caused, will be for the Guests account.
3. The Rental Agent may further in its sole discretion to cancel or terminate a guest’s booking for the services or any remaining part thereof in the event of any illegal or incompatible behaviour of the guest, with but not limited to the aforesaid who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause shall be payable by the Guest on demand.
ASSIGNMENT AND SUBLETTING
1. The Guest shall not be entitled to;
a. cede or assign all or any of the rights and obligations of the guest under this agreement;
b. to sublet the Premises in whole or part; or
c. to give up possession of the Premises to any third party.
1. The Guest shall be responsible for arranging and effecting adequate insurance cover to ensure that he carries comprehensive travel and medical insurance cover in order to cover himself, his dependents and/or travelling companions for the duration of the booking for which he has reserved. This insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a booking reservation; emergency evacuation and medical expenses; personal injury, repatriation expenses; damage/theft/loss of personal baggage, money and goods.
2. Under no circumstances shall the Rental Agent, its representatives, employees or members be
responsible for any costs, losses incurred or suffered by a guest, his dependants or travelling companions with regard to, but not limited to, the above eventualities. Guests will be charged directly for any emergency evacuation, repatriation and medical expenses by the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned.
1. The Guest herewith indemnifies the Owner and the Rental Agent in respect of any claim whatsoever for any loss, damage, claim, theft, accident or injury to the Premises and/or person of the Guest or any other person in occupation of the Premises pursuant to the provisions of this agreement, or his/her relative or any third party arising out of the occupation of, or occurring at the Premises during the period which the Guest /occupants remain in occupation of the Premises.
2. The tenant shall not have any claims of any nature against the Rental Agent or the Owner for any loss, damage or injury which the Guest may directly or indirectly suffer (even if such loss, damage or injury is caused through the negligence of the Rental Agent or the Rentals Agents servants or employees or the Owner) by reason of any latent or patent defects in the Premises or fire in the Premises or theft from the Premises or by reason of the Premises or any part thereof being in a defective condition or state of disrepair or any particular repair not being affected by the Owner timeously or at all or arising out of any defect in the water, gas or electricity supply to the Premises or arising out of vis major or any other cause either wholly or partly beyond the Rental Agents control or the control of the Owner or arising from any other cause whatsoever.
3. The Tenant undertakes to pay to the Rental Agent or the Owner an amount equal to any claim
made against the Rental Agent or the Owners by anyone for any loss, damage or injury suffered
in or on the Premises in consequence of any act or omission by the Guest or any persons under
the Guest’s control.
4. The Guest indemnifies the Rental Agent and the Owner from any construction work happening
around but not on the “Premises’.
5. The Guest herewith accepts liability for all minors and all visitors to the Premises.
6. The Guest is aware that upon check-in, they may be required to sign terms specific to the Premises they have booked. Should the Guest require these prior to check in, these are available on request.
DEFAULT BY GUEST AND RECOVERY OF ATTORNEY AND OWN GUEST COSTS
1. Overdue amounts due by the guest to the Rental Agent shall bear interest at the prime rate of interest charged from time to time by any authorised banking institution of South Africa, plus 3 percentage points thereon, which rate may be proved by a certificate from any duly authorized official of the said bank, and shall constitute prima facie proof of the contents thereof. Such a certificate may be used for the purpose of provisional sentence or summary judgment in any legal proceedings.
2. A certificate by any duly authorized employee of the Rental Agent or by any of its members shall be prima facie proof as to the outstanding amount due and payable by the guest to it in terms hereof. Such certificate may be used by The Rental Agent for the purposes of provisional sentence or summary judgment in any legal proceedings.
3. In the event of the Rental Agent incurring any legal costs pursuant to any breach by the Guest of any of its obligations, the guest shall be liable for and pay the Rental Agent’s costs thereby incurred, on the scale as between attorney and own guest.
1. These standard terms and conditions and all agreements entered into between the Rental Agent and the guest pursuant thereto, and on the terms thereof shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreements were entered into.
1. Any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered into pursuant thereto, shall be instituted in the Cape of Good Hope Provincial Division of the High Court of South Africa, which shall have exclusive jurisdiction to hear and determine such legal proceedings.
2. To the extent as may be necessary, the guest hereby consents and submits to the jurisdiction of the said court.
3. The Rental Agent shall have the discretion to institute legal proceedings against a guest in any Magistrate’s Court having jurisdiction in terms of Act no. 32 of 1944, as amended,
notwithstanding that the amount claimed in such proceedings would otherwise exceed the
monetary jurisdiction of the said Court.
VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
1. No variation or alteration of these standard terms and conditions of contract shall be binding on the Rental Agent unless embodied in a written document signed by a member of the Rental Agent. Any purported variation or alteration of these standard terms and conditions of the contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.
APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
1. All and any business or contracts undertaken or advice, information or services rendered by the Rental Agent, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of the contract.
2. There are no representations, warranties or conditions expressed or implied, statutory or otherwise, except those herein contained and no agreement, collateral hereto shall be binding upon either party unless reduced to writing hereon or attached hereto and signed by the Guest.
1. No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppel against the Rental Agent in respect of its rights herein, nor shall it operate so as to preclude the Rental Agent thereafter from exercising its rights strictly in accordance with these standard terms and conditions.
AUTHORITY TO SIGN
1. The person who completes the Reservation Confirmation form certifies that
a. he or she is authorised to agree to these conditions on behalf of all persons named on the Required Reservation info, including those submitted at a later date
b. the signatory is over eighteen years of age and a member of the party intending to occupy the Premises
c. he or she takes full responsibility for any persons occupying the Premises during the booking period.