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1. THE CONTRACT
The following terms shall apply to all bookings made with Cape Private Properties (CPP). The contract is between the Owner and You the Tenant and all the persons included in the booking form, named or otherwise. No alteration, consensual cancellation, variation of, or addition of these terms, including this provision, shall be effective unless reduced to writing and signed by both parties.
2. GENERAL
Landstone Estates (Proprietary Limited) trading as Cape Private Properties (CPP) acts as booking agent for both the Owner and for you. In good faith every effort is made by CPP to provide accurate information, which is given by the Owners to CPP. CPP shall not be liable for any inaccuracies in its website, prices, other literature, or for any deficiencies, defects or failures in respect of the property. Such information is used at your own risk. Neither the Owners nor CPP can be responsible for ensuring that the property is suitable in all respects for you or your partys needs. Changes can occur, CPP reserves the right to change or alter the property booking and shall not be liable to you, the Owner or any other person/s for any loss, expense, inconvenience or claim therefrom. CPP will advise you and the Owner of any changes and a full refund following a material change will be made other than Force Majeure. Any issues arising from these conditions shall be resolved between the Owner and yourself directly. Nevertheless, CPP will assist both parties in resolving any issue, save in circumstances where CPP is directly accountable.
3. BOOKING AND PAYING FOR YOUR HOLIDAY
This booking is only confirmed after the booking deposit has been paid (see booking form), these conditions signed and confirmation by CPP received. Until such time the booking is deemed not to have been accepted. A refundable damages deposit shall be paid together with the final payment, this deposit less deductions will be refunded within 30 days of departure date. If the deposit fails to cover the damages or services, the owner is entitled to recover any additional costs from you. The prices charged are per night unless otherwise stated in the booking form. You are liable for the final rental payment and the damages deposit 56 days prior to the arrival date or being signed within 56 days prior to the arrival date, full payment of the total rental and damages deposit on signature of these conditions by all parties. You are liable for all transactional costs. This is self catering accommodation. The rental does not include every day living or household expenses, personal items, and staff meals, any babys equipment, (which is charged automatically at R 35 per day per item +Vat), telephone charges, holiday insurance, damages deposits or additional staff hours or services. These conditions are general and may vary; you will be informed of any significant changes.
4. CANCELLATION
The Owner shall have the right to cancel should the Tenant fail to pay any amount timeously. Subject only to the above provision relating to the Owners right to cancel, neither the Owner nor you may unilaterally withdraw from or purport to cancel these conditions. In the event of you wishing to withdraw from these conditions, you must notify CPP in writing in which event the following charges will apply: Cancellation up to 56 days before
arrival date, forfeiture of booking deposit. Cancellation within 56 days; total forfeiture of full rental with the damages deposit returned.
5. ACCOMMODATION
The property is a private home and far removed from the basic holiday rental property. As a result the property is full of personal possessions and character and should be treated with due care. Neither the Owners nor CPP can be held responsible for any unreasonable noise levels or disturbance originating beyond the
boundaries of the property or which are beyond the Owners control. Abandonment of the property without authorization of the Owner or CPP will lead to forfeiture of all rights of compensation.
Neither the Owners nor CPP can accept any responsibility for any lack of equipment or any failure of the facilities available at the property including the breakdown of any mechanical equipment or for the failure of any public utilities during your stay.
6. OCCUPANCY
The rental period shall begin at 9am on arrival date and finish at 5pm on departure date. Any additional days by which the rental period is extended shall be charged at the rate per night figure, as reflected in the booking form attached hereto, and paid to CPP forthwith. The Property is provided only for the use of those persons named. No more than the agreed number of persons is allowed to occupy the property and no refund shall be payable in the event of a lesser number of persons occupying the property. Sub-letting, sharing or assignment is prohibited. In the event the maximum number is exceeded without prior agreement, CPP reserves the right to either increase the daily rental rate or revoke the booking with no refund or compensation to you.
7. THE OWNERS RESPONSIBILITIES
7.1 The property will be made available to you at the agreed dates and times failing which all monies paid will be returned immediately.
7.2 Provided you have paid the rental and observed your remaining obligations you shall peacefully occupy and enjoy the property during the rental period.
7.3 The Owner undertakes to leave the house in a good and clean condition and agrees to pay all rates, taxes, water, telephone charges, gas and electricity in respect of the premises.
7.4 The Owner undertakes to provide all linen and towels (including beach towels) for the property.
7.5 The Owner and CPP will use their best endeavours to repair breakages and or damages caused to the house during your stay and arrange for these problems to be resolved as soon as possible. You shall be liable for any breakages or damages caused to the property due to your negligence.
7.6 Should the Owner make any significant material alterations to the property these will be brought to the attention of CPP and you will be informed of any changes.
7.7 Should the Tenant have to be relocated as a result of the property being unfit for occupation the Owner shall be liable for the costs of re-accommodating the tenant in similar accommodation (only) for the duration of the inconvenience except where the cause is due to tenant negligence.
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8.YOUR RESPONSIBILITIES
8.1 You are responsible for the property during your stay and acknowledge that your belongings and those of your family, guests and visitors are at all times held at your own risk.
8.2 You must ensure that the property and all household items and equipment are treated with care and returned in the same good condition as found. All damages or breakages must be reported to CPP as soon as possible. You shall be liable for any breakages or damages caused to the property due to your negligence.
8.3 The property shall be used solely for residential purposes and you are not to allow any activity on the property which is illegal or which may constitute a nuisance or annoyance to anyone so making the properties insurance policies void or voidable. You are responsible for the correct and decent behaviour of all occupants and guests. In breach of any of the above you and your party will be notified in writing to vacate the property with no refund; this will be at CPPs sole and absolute discretion.
8.4 No household item whatsoever (unless specifically available for use on beach outings or picnics) can be removed from the Property.
8.5 No smoking is allowed in the bedrooms or bathrooms. In houses where indicated, no smoking is allowed in-doors.
8.6 No pets are allowed on the property.
8.7 The cost of any telephone calls together with any property damage, loss or breakages are not included in the rental, these costs if any are payable at the end of your holiday.
8.8 It is your responsibility to ensure that on leaving the house or property unattended at any time during the rental period that the house and property is secure, all windows and doors locked, safes used and the burglar alarm set.
8.9 You must allow CPP, who will give reasonable prior notice to inspect the property during your stay.
9. STAFF
You should note that certain overseas standards are often quite different than those accepted in South Africa, this can include the levels of service and the reliability of the staff. You should also be aware that the legal, health and safety requirements could be lower in standard than those to which you are accustomed. There is a member of staff on duty (XXX) except bank (public) holidays.
Duties include the general everyday cleaning of the house and laundry services (at the tenants risk). The gardener will attend to
his usual duties where employed. Should you require the staff to work any additional hours or services, this can be arranged directly with the staff at R25 per hour (or part thereof) payable weekly or as agreed between the parties. Overtime rates apply at R40 per hour weekends and bank (public) holidays.
10. SWIMMING POOLS
Swimming pools carry their own inherent risks. Take time to familiarize yourselves with the pool and its layout. Persons and children in particular, who cannot swim must be closely supervised by you who hereby waives and indemnifies the Owner and CPP against any claim arising from personal injury or loss of life occasioned directly or indirectly through the use of the pool. Filter systems are pre-set and must not be adjusted. Clarity changes are beyond the Owners and CPPs control and must be reported.
11. INSURANCE
It is a condition of booking that you and your party is covered by comprehensive travel, personal liability, damages, medical and holiday and cancellation protection insurance from the date of arrival until departure from the property.
12. COMPLAINTS
Within 48 hours of your arrival and unless you give notice to the contrary, it shall be deemed and acknowledged that the property is in good order. In the event that you have cause for complaint whilst at the property you must bring it to our attention so that we have the opportunity to correct the matter.
13. FORCE MAJEURE
Neither you, the owner, any member of their family, Cape Private Properties nor any employee nor agent shall have any claim against any of the others listed herein (see booking form) or their guests as a result of any loss or harm suffered by them with regard to this contract as a result of an event of Force Majeure which may include, but is not limited to war, civil strife or unrest, terrorist activity, strikes or industrial dispute, fire, flood.
14. LAW AND JURISDICTION
The parties hereby consent to the jurisdiction of the Magistrates Court of Cape Town, South Africa in respect of all proceedings under or arising out of this agreement
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