Terms and Conditions of Rental and Occupation
1. Definitions Applicable to the Terms and Conditions of Rental 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 5.2 below
- Confirmation Date means the date on which the original or faxed copy of the duly signed Rental Agreement is received by the Agent and there has been receipt of the non-‐refundable Deposit, or, it applicable, compliance with clause 8 of the Rental Agreement, into the Nominated Bank Account.
- Due Date means the date on which the balance of the Rental Amount becomes due, owing and payable.
- 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 means all the persons, including the Tenant, staying over-‐night in the premises during the occupation Period.
- Rental Agreement means the document headed Rental Agreement which read with and incorporating the terms and conditions as set out in this document1.
- The Parties means the Owner and the Tenant
2. Rental of the Premises
In order to secure the rental of the Premises, the Tenant shall:
- Fax the signed and initialled Rental Agreement to the Agent and then post the original Rental Agreement to the Agent; and
- Electronically transfer the stipulated Deposit, of the full Rental if required in terms of Clause 8.2 below, into the Nominated Bank Account or deposit same by such other manner as agreed with the Agent.
3. Payment of Balance of the Rental
- In order to sustain the rental of the Premises, the Tenant shall electronically transfer the Balance of the Rental into the Nominated Bank Account before and by no later than 42 (forty two) days prior to Occupation Date.
- In order to be given Occupation on arrival, the Tenant shall
- The owner reserves the right to immediately cancel the booking should the balance not be paid by the Due Date and to levy Cancellation Charges as detailed in Clause 5.3 below.
4. Changes to Rental
- Should the Tenant request minor changes to the Rental Agreement, in writing, 42 (forty two) or more days prior to Occupation, the Agent together with the Owner shall, in their sole discretion, and where reasonably possible, accommodate the requested changes.
- The Agent shall be entitled to charge an amount of R300.00 (Three Hundred Rand) in respect of each change to the rental Agreement.
- Name changes of the Tenant may be treated as a cancellation and shall be subject to Cancellation Charges.
- Should a Tenant choose to modify their holiday arrangements after commencement of the holiday, i.e. change of accommodation, or the duration of stay, they shall be deemed to have breached this Agreement and the Owner shall not accept any liability whatsoever for any loss, damage or additional expenses incurred by the Tenant for any changes referred to in Clause 4.4 above and no refunds for unused services or arrangements shall be made payable or available to the Tenant.
5. Cancellation of Holidays by Tenant
- Any requests for changes to or cancellation of the Rental Agreement shall not be accepted if made verbally and must be reduced to writing and addressed to the Agent directly for the attention of the Owner and delivered by secure E-‐Email, Registered Post or by Fax, by the person who signed the Rental Agreement.
- Cancellations shall only become effective upon the receipt of the written notification by the Agent.
- The Tenant shall by liable for Cancellation Charges as follows:
- A refund shall only be considered in the event that the Agent has been able to re-‐let the accommodation. In any event 30% (thirty) Percent of the total accommodation charge as per the Rental Agreement shall be levied as a cancellation fee, regardless.
- Tenants are advised to take out holiday insurance covering the Tenant’s own liability and cancellation / curtailment risk for any reason.
- Some Villas may be subject to Cancellation Charges which differ from these detailed above and Tenants shall be advised at the time of booking of any difference.
- In the event of a cancellation charge arising, the amount due must be paid by the Tenant within 7 (seven) days of the charge arising, notwithstanding the fact that any charges may be covered by his / her insurance policy.
6. Cancellation by the Owner
The Owner reserves the right to cancel this Rental Agreement 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 shall make every effort to find an alternate booking arrangement of a similar standard, if available, or the Owner shall 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 (forty eight) hours notice to rectify the omission, then the Owner shall be entitled to cancel this Agreement, in which case the Cancellation Charges as described in Clause 5 above shall be applicable.
- Provided that the Owner complies with rental conditions in Clause 6.1 and 6.2 above, the Owner shall not be liable for any breach of this agreement and any claim that may arise or result from any inconvenience suffered by the Tenant.
7. Death, Personal Injury or Loss of Property
- Neither the Tenant, Occupants or their guests shall have any claim against the Agent, Owner, any of its directors, employees, agents, affiliates, or consultants for any loss, damage or injury which the Tenant or any other person whatsoever may directly, or indirectly suffer by reason of any latent or patent defects in the premises or building, or fire in the premises of building, or failure in the supply of water, electric light, power or gas arising from any cause whatsoever, or theft from the premises of by reason of the premises or any part thereof being in a defective condition or state of disrepair of any particular repair not being affected by the Owner timeously or at all, or arising out of viz major or “causus fortuitous” or any other cause either wholly or partly beyond the Owner’s control, or arising out of any act or omission by any other tenant of the building.
- Most Villas have dangers such as swimming pools, dry stone walls, steep staircases, unfenced drops etc, so the occupants and guests to the premises must take care. All swimming pool usage is at the Tenants and Occupants’ own risk. Children must always be supervised by adults
- The Tenant and his party must provide their own comprehensive travel, medical and other insurance which must be in force for the whole rental period.
- The Tenant and Occupants shall accept full responsibility for any 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 shall be entertained by the Owner or Agent in the event of incidents occurring whilst Occupants or guests are under the influence of alcohol or any drugs, whether therapeutic or not.
- The Premises shall be available from 14:00 hours on the first day of the Occupation period.
- 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).
- The Tenant shall notify the Agent within 2 (two) days 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 (forty eight) hours, or such other period as arranged with the Tenant.
- The Tenant shall advise the Agent in advanced, or at the time, of any increase in the number of occupants and/or guests above the Occupancy limit for the Premises, at any time during the Occupation period. The Agent shall confer with the Owner for consent for the additional guest/s and if granted the Tenant shall be invoiced at the daily occupancy rate for such personage, for payment
- 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 this Agreement and shall allow the Agent and/or Owner to immediately cancel this agreement and evict the Tenant and Occupants, with no refund of any amounts already paid.
- The Tenant may not sublet the whole of any part of the Premises to any third party, nor may the Tenant cede and/or delegate any of his obligations under the Agreement.
- The Occupants shall not do anything which could damage the premises or render any insurance policy in respect of the Premises void or voidable.
- Should the Occupants or guests break or lose anything belonging to that of the Owners, they are to advise the Agent immediately in order for the Agent to arrange for replacement, or repair, to the highest standards, which Owners expect. The Occupants should under no circumstances attempt to rectify the problem themselves.
- The Occupants shall comply with the rules of the Body Corporate (if applicable).
- The Occupants shall not cause any noise or nuisance which would in any way disturb the quiet and peaceful occupation of his/her neighbours.
- The Occupants agree that Fireworks and other hazardous materials shall not be used in or around the property.
- The Occupants shall see to their own security whilst occupying the Premises by locking doors, windows, garage doors, etc. when it’s prudent to do so.
- The Occupants may not make any alterations or additions to the Premises, nor affix anything to the walls of the premises.
- The Occupants shall only use the premises for residential accommodation purposes and the parking places only for parking of motorcar/s.
- Not place or hang out any articles of washing, clothing or household linen on any window, stoep, balcony or on the outside of the leased Premises other than the place set aside for the purpose.
- The Occupants shall ensure that the refuse does not remain on or outside the premises save in the place provided.
- The Tenant shall keep and maintain the interior of the Premises clean and in good order and condition.
- In order to retain highest standards, no pets shall be allowed.
- The Tenant shall allow the Agent permission to enter the Premises at any reasonable time on 24 (twenty four) hours notice, to inspect the same in order to view the condition and state of repair thereof.
- The keys are the responsibility of the Tenant; no copies may be made and they shall all be left with the Agent on departure. Otherwise the Owner shall be entitled to charge the Tenant R50.00 per key lost.
9. On the Termination date, the Tenant shall:
- Return and deliver the Premises in good order and condition to the Agent (fair wear and tear accepted)
- Settle the telephone account for all calls between the telephone meter readings as at the Occupation Date and as at the Termination Date; and
- Settle the costs of any additional services requested by the Tenant and provided by the Owner and/or Agent.
- Should the Tenant wish 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.
10. Occupant Behaviour
- The Occupants are required to behave in a manner that is considerate to others. Disruptive behaviour caused by loud music and/or late night or early morning rowdiness shall not be tolerated.
- Should the Occupants cause unreasonable annoyance, noise, distress, damage, crime or danger, the Owner has the right to immediately terminate this Agreement and evict the Tenant, Occupants and his/her party.
- No Parties or functions such as weddings are allowed without the Owner’s prior written consent.
11. Breakage and Security Deposit
- The tenant undertakes and agrees to sign documentation required by the Agent in order to freeze the breakage and Security Deposit per Clause 3.2.2 above.
- Upon the expiry or earlier termination of this Agreement, the Agent shall be entitled to debit the credit card with the Breakages and Security Deposit in the event that any amount is owing by the Tenant to the Owner, 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 shall include any bank charges or credit card commissions incurred.
- The Tenant may not under any circumstances whatsoever set-‐off monies owing by him under this Agreement, against the Breakages and Security Deposit.
- The balance, of Breakages and Security Deposit, which remains after fulfilment of Clause 11.2 above shall be refunded to the Tenant after all the work and attendance involved, if any, has been completed, which could reasonably be expected within 2 (two) months of the Termination Date unless the necessary repairs or replacement of broken/missing items take longer than this period to rectify.
12. Owner’s Duties, Rights and Obligations
- The Owner Undertakes at his/her own cost and for the duration of the Occupation Period, to:-‐
- 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 the Tenant’s use and enjoyment of the Premises, including, but not limited to, any alterations or changes to the premises or neighbouring properties (including renovations, refurbishing, constructions or reconstructions).
13. Description of Premises
- Difference between the actual Premises and any description or illustration thereof may exist. Whilst the Agent and the Owner take all reasonable steps to ensure the accuracy of such descriptions and illustrations, they, together with their employees, affiliates or representatives shall not be liable for any non-‐material errors or differences or for any consequences arising as a result thereof.
- Non-‐material differences in the description of the Premises shall not amount to a breach of this Agreement and shall not entitle the Tenant to cancel this Agreement.
- The Tenant hereby acknowledges that any such information and material, description or illustration provided in respect of the premises may contain inaccuracies to errors and the Agent, Owner, its employees, affiliates, or representatives expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- This 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 Western Cape High Court, Cape Town.
- Notwithstanding the provisions of 14.1 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.
15. Domicilium Citandi et Exutandi
- The Tenant appoints as his domicilium citani et exutandi for all purposes, at the Premises during the Occupation Period and otherwise at the address set out in Clause 2 of the Rental Agreement.
- All notices to be given to the Tenant during the Occupation Period shall be in writing and hand delivered to the Premises and otherwise sent by E-‐ Mail, Fax or Registered Post at the address set out in Clause 2 above.
- All notices to be given to the Owner relative to the Rental Agreement should be in writing and hand delivered to the Agent’s representative or sent to the Agent by E-‐Mail, Fax or Registered Post:
- Should the Tenant:
- In the event of the Tenant breaching any term of this Agreement and failing to remedy the said breach within 48 (forty eight) hours after being called upon to do so by the Agent or Owner and the Agent or Owner terminating this Agreement as a result thereof, the Tenant agrees to immediately vacate the premises and allow the Agent or Owner to take occupation thereof.
17. Legal Costs
- In the event of it being necessary for the Agent or Owner to institute legal proceedings against the Tenant for any matter arising from this Agreement, then the Tenant shall be liable for all legal costs on an attorney and own client scale, including interest, collection commission and tracing agents fees.
- This Agreement cancels and supersedes any prior agreement between the parties, verbal or otherwise.
- This is the entire Agreement between the Tenant and the Agent. Neither the Agent nor the Tenant relies in entering into this Lease upon any warranties, representations, disclosures or expressions or opinion which have not been incorporated into this Agreement as warranties or undertakings.
- No alteration, variation, addition, or consensual cancellation to this Agreement shall be of any force or effect, unless reduced to writing and signed by both Parties or their authorised representatives.
- Any relaxation, indulgence or waiver which the Agents may grant to the Tenant or any condonation by the Agent of any breach of the terms of this Agreement shall not become binding on the Agent or owner who shall at all times be entitled to claim due and prompt performance by the Tenant of all obligations.
- The Tenant shall not cede or assign this Agreement, nor sub-‐let the premises or any portion thereof, nor part with possession of the premises or any portion thereof, nor place any person in occupation of the premises or any portion thereof.