Short Term Rental Terms and Conditions

These standard terms and conditions apply to short-term accommodation and related services arranged by Scout Cape Town as Rental Agent.

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 include 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 or persons named on the booking form, whether it is a provisional or confirmed booking form, and who contracts with the Rental Agent on these terms and conditions. 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 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 or contracts 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 or company named on the booking form, whether it is a provisional or confirmed booking form. Rental Agent may also include the owner of the property or 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, are 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, shall be in 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, whether 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 of whatsoever nature. Payments shall be made by the Client to the Rental Agent by way of cash deposit, direct transfer, forex transfer or 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 authorisation 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, 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 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 the quotation and/or invoice. Failure to pay 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 the stay, but reasonable efforts will be made to repair any faulty appliances that are reported. The Client shall be responsible for any shortages or breakages during 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 damage 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. Clients are expected to leave the Premises in the condition in which they were received upon arrival.

5.7 Check-in is from 15:00 onwards. For an early arrival, the Client is advised to book the preceding night, as accommodation may only be ready for occupation at 15:00 on the day of arrival.

5.8 Check-out is at 10:00 on the day of departure. Late check-out may result in penalty fees, as there are usually more guests arriving on the Client’s departure date. Upon departure, the Client shall hand over all keys, including remote controls, to the Rental Agent or its appointed representative. Lost or unreturned keys will result in the locks and keys being replaced at the Client’s cost, which will be deducted from the security and breakages deposit, if any.

6. Cancellations and Refunds

6.1 Should any booking be cancelled 30 days or more before the check-in date, a cancellation fee of 10% may be charged by the Rental Agent.

6.2 Should the booking be cancelled 30 days or less before the check-in date, a cancellation fee equal to 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 the booking is the charge for electricity and water consumed by the Client 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 or water, the disproportionate usage will be for the Client’s account and 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 in 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 conditions of title of the Property or any 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 annoyance or discomfort to other clients or occupiers of the Premises or Building, including but not limited to loud noise after 21:30.
• 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 maintenance and repairs under this agreement.
• 9.1.10 Not allow more than the number of persons specified on 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 without 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 that causes the Premises or Building to appear unsightly.
• 9.1.13 Use bathroom facilities only for the specific purposes for which they are intended.
• 9.1.14 Take all reasonable measures to prevent blockages and obstructions in drains, sewerage pipes and water pipes serving the Premises.
• 9.1.15 Ensure that lights and appliances are not left on unnecessarily and are switched off when leaving the Premises.
• 9.1.16 Not redecorate the Premises unless written permission has been 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 outdoor chairs and umbrellas, is 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 the Client’s illegal or inconsiderate behaviour. Any extra costs occasioned by such cancellation or termination 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 Client’s rights and obligations under this agreement, to sublet the Premises in whole or in part, or to give 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 comprehensive travel and medical insurance for the Client, dependants and/or travelling companions for the duration of the booking.

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

12. Vaccinations and Health

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

12.2 Clients are required by law to adhere to all government and local authority regulations, protocols and precautions regarding the prevention of the spread of 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, including Covid-19, remains the sole risk of the Client to the exclusion of all 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 property, howsoever arising, including 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 thereof.
• 13.1.3 Any failure, suspension or interruption in the supply of water, electricity, gas, air-conditioning, heating or any other amenity or service to the Premises, Building or Property, including any cleaning service, whatever the cause.
• 13.1.4 Any breakdown or interruption in the operation of machinery, plant, equipment, installation or system situated in, on or serving the Property, Building or Premises, including 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 common parts of the Property or Building caused by building operations or other works in the Building, elsewhere on the Property or on adjacent properties, whether carried out by the Rental Agent or anyone else.
• 13.1.6 Any other event or circumstance occurring, or failing to occur, upon, in or about the Property, Building or 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 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 charged from time to time by any authorised banking institution of South Africa, plus three percentage points. Such rate may be proved by a certificate from any duly authorised official of the bank, which shall constitute prima facie proof of its contents.

14.2 A certificate by any duly authorised representative of the Rental Agent shall be prima facie proof of the outstanding amount due and payable by the Client.

14.3 If the Rental Agent incurs legal costs pursuant to any breach by the Client of any obligation, the Client shall be liable for and pay such costs on the scale as between attorney and own client.

15. Applicable Law and Jurisdiction

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 or agreements were entered into.

16. Variation and Non-Waiver

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

16.2 No extension of time or relaxation of any provision of these standard terms and conditions shall operate as an estoppel against the Rental Agent in respect of its rights, nor shall it preclude the Rental Agent from subsequently exercising its rights strictly in accordance with these standard terms and conditions.