1. INTERPRETATION

 

1.1 The headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;

 

1.2 Unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice- versa, and natural persons include created entities (corporate or incorporate) and vice-versa;

 

1.3 “Client” means the person(s) named on the booking form (whether it be a provisional or confirmed booking form and who contracts with the Rental Agent on the terms and conditions hereunder. Client shall also include any agent who makes any booking on behalf of third-party clients. Said agent and 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 other contract(s) entered into by the parties;

 

1.4 “Premises” means the house, apartment or villa as indicated on the Rental Agreement, or as designated by the Rental Agent;

 

1.5 “Rental Agent” means the person/company named on the booking form (whether it be a provisional or confirmed booking form). Rental Agent may also include the owner of the property/accommodation;

 

1.6 “Services” means the provision of accommodation, but may also include transfers, transportation, booking of tours and excursions for the Client. Such services may include, but shall not be limited to, the procurement by the Rental Agent, acting solely as agent for the Client, of services of third-party service providers.

 

2. APPLICATION OF STANDARD TERMS AND CONDITIONS

 

2.1 All and any business or contracts undertaken, or advice, information or services rendered by the Rental Agent, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions. 

 

2.2 No representations, warranties or conditions expressed or implied, statutory, or otherwise, except those herein contained are made, and no agreement collateral hereto shall be binding upon either party unless reduced to writing and signed by both parties.

 

3. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS

 

3.1 All quotations given by the Rental Agent in connection with the services to a Client shall be in writing and, unless otherwise agreed to in writing by an authorised representative of the Rental Agent and shall be in the currency of South African Rand.

 

3.2 Quotations shall be inclusive of South African value added tax (where applicable) and quotations shall be accepted in writing and finally confirmed by way of payment (deposit or otherwise). 

 

3.3 All payments to be made by a Client to the Rental Agent shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to the Rental Agent by way of cash deposit, direct transfer, forex transfer or by credit card. The client shall provide the Rental Agent forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference number for the booking shall at all times be reflected on the proof of payment.

 

4. ITEMS NOT INCLUDED IN BOOKING

 

Certain items are not included in the cost of the booking and these costs are the responsibility of the Client. Such costs include, but are not limited to, the cost of insurance, insurance cover   for   cancellation and curtailment, repatriation costs, medical expenses, emergency evacuation, gratuities and beverages, meals and any optional excursion not reflected on the booking reservation. 

 

5. BOOKING

 

5.1 In order to secure a provisional booking for the services required by a Client, the Client shall complete and dispatch to the Rental Agent a provisional booking reservation form and pay a non-refundable deposit (the amount of which shall be indicated on quotation and/or invoice). Failure to make payment of a required deposit shall result in the booking lapsing.

 

5.2 Provisional bookings shall be confirmed upon receipt of the balance of the invoice on or before the date specified by the Rental Agent.

 

5.3 Bookings may only be amended at the discretion of the Rental Agent and may attract an amendment fee equal to 5% of the total booking value.

 

5.4 The property 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, upon checkout. 

 

5.5 The Rental Agent takes no responsibility for the breakdown or malfunction of appliances during your stay, but reasonable effort will be made to repair any faulty appliances which are reported. The Client shall be responsible for any shortages, breakages during your occupancy. A full inventory of the contents of the house will be found in the house and should be checked on arrival.

 

5.6 Any shortfall or damages to the accommodation must be reported to the Rental Agent immediately, otherwise it will be assumed that the inventory and condition of the accommodation are correct and satisfactory. The Clients are expected to leave the premises in the condition it was received upon arrival.

 

5.7 Check-in time is from 14:00 onwards. For an early arrival, Client is advised to book for the night before as your accommodation may only be ready for occupation at 14:00 on the day of arrival.

 

5.8 Check-out time is 10:00 on the day of departure. Late check-out may result in penalty fees as there are usually more guests arriving the day of Client’s departure. The client shall upon departure hand over all keys (including remote controls) to the Rental Agent or its appointed representative. Any lost keys or keys not returned will result in lock and keys being replaced at the clients cost and will be deducted from the security and breakages deposit (if any).

 

6. CANCELLATIONS AND REFUNDS

 

6.1 Should any booking be cancelled 31 days or more before check-in date, a cancellation fee of 20% may be charged by the Rental Agent.

 

6.2 Should the booking be cancelled 30 days or less before check-in date, a cancellation fee equalling the total value of the booking may be charged by the Rental Agent. 

 

6.3 Cancellations and requests for refunds must be made in writing.

 

7. CLEANING SERVICES

 

The Client may request additional cleaning services, but this service may incur additional charges.

 

8. FAIR USAGE POLICY

 

8.1 Included in the cost of booking is the charge for the use and consumption by the Client of all electricity and water consumed upon the Premises. Clients are kindly requested to use electricity and water sparingly and only according to their needs.

 

8.2 In the unlikely event that a Client uses and consumes a disproportionate amount of electricity and water, the disproportionate usage will be for the account of the Client, payable upon invoice.

 

9. SUNDRY DUTIES OF THE CLIENT

 

9.1 The Client shall;

 

9.1.1 keep the Premises clean, tidy, and habitable;

 

9.1.2 not use the Premises or allow them to be used, in whole or part, for any purpose other than that of a private dwelling;

 

9.1.3 take all reasonable measures to protect the Premises and all parts thereof (including all fixtures, fittings, appurtenances, appliances, and keys) from abuse, damage, destruction, and theft;

 

9.1.4 not place or leave any article or other thing in or about any passage, lift, stairway, pathway, parking garage, or other common part of the Building so as to cause a nuisance or obstruction;

 

9.1.5 not bring into the Premises or the Building any article which, by reason of its weight or other characteristics, is liable to cause damage to the Building or the Premises;

 

9.1.6 not contravene any of the conditions of title of the Property or any of the laws, rules or regulations affecting owners, clients or occupiers of the Property or the Building;

 

9.1.7 not cause or commit any nuisance on the Property or cause any annoyance or discomfort to other clients or occupiers of the Premises or Building, including but not limited to loud noise after 09:30 pm;

 

9.1.8 not leave refuse or allow it to accumulate in or about the Premises except in the refuse bins provided;

 

9.1.9 refrain from interfering with the electrical, plumbing, or gas installations or systems serving the Premises or the Building, except as may be necessary to enable the Rental Agent or its duly appointed agent to carry out its obligations of maintenance and repair in terms of this agreement;

 

9.1.10 not allow more than the specified persons as per the booking form to reside in the Premises at the same time;

 

9.1.11 not keep any live animals or birds on the Premises except with the prior written consent of the Rental Agent;

 

9.1.12 not hang washing in any visible place in or about the Premises, or do or display anything else which causes the Premises or the Building to appear unsightly;

 

9.1.13 use the bathroom facilities for the specific purposes for which they are intended to be used;

 

9.1.14 take all reasonable measures to prevent blockages and obstructions from occurring in the drains, sewerage pipes, and water pipes serving the Premises; and

 

9.1.15 ensure that all lights and appliances are not left on unnecessarily and switched off when leaving the premises;

 

9.1.16 not redecorate the premises unless written permission to do so is received from the Rental Agent;

 

9.1.17 ensure that all doors and windows are closed and/or secured at all reasonable times, and that all furniture including, but not limited to outdoor chairs and umbrellas, are secured, and fastened;

 

9.1.18 not use any tobacco products or allow any other person to use tobacco products in the Premises. 

 

9.2 The Rental Agent may, in its sole discretion, cancel or terminate a client’s booking for the services or any remaining part thereof in the event of client’s illegal or inconsiderate behaviour. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause shall be payable by the client on demand.

 

10. ASSIGNMENT AND SUBLETTING

 

The Client shall not be entitled to cede or assign all or any of the rights and obligations of the client under this agreement, to sublet the Premises in whole or part, or to give up possession of the Premises to any third-party.

 

11. INSURANCE

 

11.1 The Client 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 dependants and/or travelling companions for the duration of the booking for which he has reserved. 

 

11.2 Under no circumstances shall the Rental Agent, its representatives, employees, or agents be responsible for any costs, losses incurred or suffered by a client, his dependants or travelling companions with regard to eventualities that would be covered by comprehensive travel insurance. Clients will be charged for any emergency evacuation, repatriation, and medical expenses by the relevant service providers.

 

12. VACCINATIONS & HEALTH

 

12.1 It is the Client’s responsibility to familiarise themselves with the localised diseases, viruses, and bacteria to receive the relevant vaccinations prior to arrival.

 

12.2 Clients are also required, by law, to adhere to all and any government and local authority regulations, protocols, and precautions in re the prevention of spreading disease, including Covid-19.

 

12.3 Although all reasonable efforts are made to provide a safe environment to the Client, the possibility of the Client contracting disease (i.e. Covid-19) remains the sole risk of the Client to the exclusion of all and any liability on the part of the Rental Agent.

 

13. DISCLAIMER OF LIABILITY

 

13.1 The Rental Agent shall not be liable to the client for any claim of whatsoever nature in connection with the provision of the services (whether in contract or delict) and whether for damages for personal injury or to property, howsoever arising, including, but without limitation: 

 

13.1.1 any act or omission of the Rental Agent, its agent, employee, contractor, cleaner, handyman, artisan, labourer, workman and/or guard;

 

13.1.2 the condition or state of repair at any time of the Property, the Building, or any part of the Property or the Building;

 

13.1.3 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Premises, the Building, or the Property (including, without generality being limited, any cleaning service), whatever the cause;

 

13.1.4 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation, or system situated in or on, or serving, the Property, the Building, or the Premises, and including (but without limiting the generality) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, regardless of cause;

 

13.1.5 any interruption of or interference with the enjoyment or beneficial occupation of the Premises or any of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, or on adjacent properties whether carried out by the Rental Agent or by anybody else; or

 

13.1.6 any other event or circumstance however occurring, or failing to occur, upon, in, or about the Property, the Building, or the Premises, whether or not the Rental Agent could otherwise have been held liable for such occurrence or failure.

 

13.2 Notwithstanding anything to the contrary contained in these standard terms and conditions, the Rental Agent shall under no circumstances whatsoever, be liable for any indirect or consequential loss howsoever caused or suffered by the Client.

 

14. BREACH

 

14.1 Overdue amounts due by the client 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 bank and shall constitute prima facie proof of the contents thereof.

 

14.2 A certificate by any duly authorized representative of the Rental Agent shall be prima facie proof as to the outstanding amount due and payable by the Client to it in terms hereof. 

 

14.3 In the event of the Rental Agent incurring any legal costs pursuant to any breach by the Client of any of its obligations, the Client shall be liable for and pay to the Rental Agent such costs thereby incurred, on the scale as between attorney and own client.

 

15. APPLICABLE LAW AND JURISDICTON

 

These standard terms and conditions and all agreements entered into between the Rental Agent and the Client pursuant thereto shall be governed by and construed according to the laws of the Republic of South Africa and subject to the jurisdiction of its Courts, irrespective of the place where the agreement(s) where entered into.

 

16. VARIATION AND NON-WAIVER

 

16.1 No variation to or alteration of these standard terms and conditions shall be binding on the Rental Agent unless embodied in a written document signed by both parties.

 

16.2 No extension of time or relaxation of any of the provisions of these standard terms and conditions 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.