1. DAILY RATE, RENTAL DEPOSIT & BREAKAGE DEPOSIT
1.1 The daily rental amount in respect of the Premises shall be the number of nights multiplied by the daily rental amount (the “total rental amount”).
1.2 All amounts due shall be paid as follows:
1.2.1 50% of the total rental amount by (the “rental deposit) is due on approval of the reservation.
1.2.2 The balance of the total rental amount by is due 45 days prior to your arrival.
1.3 All amounts shall be paid by no later than the dates specified in clause 1.2 above.
1.4 The reservation will only be confirmed if the rental deposit is paid and received by the Owner on the due date therefor.
1.5 The rental deposit shall be paid to VillaOCap by direct deposit into account or per credit card via the following link https://www.paygenius.co.za/pay/villaocap
Important! A contract fee of R500 will be invoiced to you upon balance payment as well as bank fees of 1.5%.
1.6 Confirmation of payment of the rental deposit shall be mailed to email@example.com.
1.7 The guest acknowledges that unless such confirmation is e-mailed to the Owner at the email address given in clause 12.3, it shall not be possible to identify the payment and allocate it to the credit of the Guest.
1.8 Breakage deposit:
1.8.1 The Guest shall pay the Owner a breakage deposit in the amount as set out in clause 1.2 above on the specified date. Such breakage deposit shall be held as a deposit on behalf of the guest in the account nominated by the Owner and the Owner shall have the right to apply the whole or a portion thereof towards payment of any liability of whatever nature for which the guest is responsible, including but not limited to damages caused to the premises, replacement of items missing in inventory, charges for additional services not settled by the guest and legal fees, if applicable.
1.8.2 The bank fees for holding the breakage deposit shall be deducted from the breakage deposit.
1.8.3 The Owner shall retain the breakage deposit until all repairs and/or replacements have been completed. Should no repairs and/or replacements be necessary, the breakage deposit will be refunded within fifteen days after the departure date. Should there be deductions from the breakage deposit, a R500.00 administration fee will be deducted from the breakage deposit by the Owner for every item sourced and replaced by the Owner.
1.8.4 In the event that the breakage deposit is insufficient to cover the costs, the Owner reserves the right to claim any further amount due directly from the guest, which the guest undertakes to pay on demand.
1.9 The full balance of the rental shall be paid by the specified date.
1.10 The Guest will not be allowed to take occupation of the premises until the full rental and breakage deposits have been paid to and received by the Owner.
1.11 The guest shall, upon demand by the Owner, pay for any extra costs (Telkom telephone account, guest laundry, airport transfer etc.) incurred in respect of his/ her reservation.
2. GUEST'S OBLIGATIONS
The guest shall:
· Allow the Owner and/or its representative to access to the premises at all reasonable times to inspect the condition and state of repair thereof and to carry out repairs, should the Owner so desire.
· Use the premises for residential purposes only.
· Keep the premises clean, habitable and tidy.
· Refrain from making any alterations or additions to the premises.
· Refrain from doing or allowing anything that could damage the premises.
· Refrain from causing any noise or nuisance that would in any way disturb the quiet and peaceful occupation of the neighbors.
· Refrain from hosting parties or events of any nature without the prior written consent of the Owner.
· Refrain from using the premises for any photographic or film location or as a venue for an event involving anyone other than the persons entitled to occupy the premises, in accordance with clause 3.
· Refrain from keeping pets on the premises, unless with the prior written consent of the Owner.
· Comply with the rules of the Body Corporate, if applicable, and/or any House Rules applicable to the use of the premises as determined by the Owner.
· Observe the times of arrival and departure as set out in clause 2 above.
3 OWNER’S OBLIGATIONS
The Owner shall ensure that:
3.1 All remote controls, security discs and keys for internal and external doors, gates and garage doors of the premises are in working condition, made available and are clearly marked;
3.2 Adequate and neatly laid out operating instructions for appliances and equipment such as washing machines, swimming pools, security alarms, etc, are provided. The position of both the water stoppage and electricity box must be clearly indicated. Such instructions should be filed together with the applicable “House Rules” (if any).
3.3 The premises are covered by public liability insurance and there is/are visible fire extinguishers.
3.4 No pets, domestic or other animals are to be kept upon the premises unless alternative arrangements are made and agreed to in writing.
3.5 That the Guest may take occupation of the premises after 14h00 on the arrival date until 10h00 on the departure date.
3.6 An adequate supply, in good condition, of clean crockery, cutlery, clothes hangers, bedding and linen is provided (plus a change set of each) together with at least two towels per occupant.
3.7 Sufficient heaters and/or fans are provided on the premises.
3.8 The telephone, electricity and water accounts and the accounts of other services such as the gardening services and/or pool services, if applicable, shall be paid up and that there shall be an uninterrupted supply of the services.
3.9 The premises shall be made available in good and clean condition and all fittings, appliances, equipment and amenities shall be in sound working order.
3.10 A plumber checks that the geysers are in good working order prior to the arrival date.
3.11 Visible signs at the pool (if any) shall be erected to read “No diving” / “No running around the pool” /“Children to be supervised at all times”.
4.1 VillaOCap is the duly authorized representative of the Owner. VillaOCap shall be acting only as representative on behalf of the Owner and does not transact as a principal in this agreement.
4.2 VillaOCap shall accept all payments set out herein on behalf of the Owner.
4.3 VillaOCap may inspect the premises at all reasonable times and the Owner reserves the right to terminate this agreement and the occupation of the premises by the Guest, should the Guest or its occupants behave in a manner, which in the Owner’s sole and absolute discretion, is unacceptable or offensive. Any termination of this agreement in accordance with this clause, shall be on a 12-hour prior written notice to the Guest and the Guest shall be required to vacate the premises immediately upon expiry of such 12-hour period.
4.4 The Owner reserves the right to let the premises to a third party in the event of cancellation by the Guest or failure of the Guest to arrive within 24 hours of the arrival date.
5. VILLAOCAP AND OWNER'S LIMITATIONS OF LIABILITY
5.1 The Owner shall take all reasonable steps and precautions to prevent accidents, injuries, damage and inconvenience to the Guest and will take reasonable steps to remedy the failure of any equipment being in good working order.
5.2 Subject to the provisions of this agreement, the Guest indemnifies VillaOCap and the Owner against any liability, loss, claim or proceedings from other parties consequent upon the death or bodily injury or illness of any person, or damage to or physical loss of any property.
5.3 Guests staying with children do so at their sole risk.
5.4 In the event that the premises include a swimming pool and/or Jacuzzi, such swimming pool and/or Jacuzzi shall be used by the Guest and the occupants of the premises at their sole risk.
6. DESTRUCTION OF THE RENTAL PREMISES
In the event of the total or partial destruction of the premises or any portion thereof by any cause not related to the fault or negligence of the Guest or any occupant of the premises, the Owner shall endeavor to provide the Guest with alternative accommodation of a suitable nature. Should such alternative accommodation not be available or acceptable, the Guest shall be entitled to terminate this agreement and be entitled to be refunded the rental pro-rata to the remaining rental period.
7.1 Should the Guest fail to pay the percentage rental deposit on or before the specified date therefor, the Owner shall have the right to cancel this reservation forthwith and without notice.
7.2 Should the Guest fail to pay the balance of the rental and the breakage deposit on or before the specified dates therefor, the Owner shall have the right to cancel the reservation forthwith and without notice.
7.3 In this event, the Owner shall have the right to retain the full amount of the rental deposit held and the Guest shall have no claim arising and/ or resulting therefrom.
8.1 Should the Guest cancel the reservation more than 3 months before the date of arrival, 30% of the total rental amount shall be retained.
8.2 Should the Guest cancel the reservation less than 3 months before the date of arrival, the full 50% rental deposit plus administration fee shall be retained.
8.3 Should the Guest cancel the reservation less than 6 weeks before the date of arrival, 75% of the total rental amount shall be retained.
8.4 Should the Guest cancel the rental less than 4 weeks before the date of arrival after the full accommodation fee has been paid, the full amount will be retained.
8.5 Notwithstanding clauses 8.1 to 8.4 above, should the premises be re-let by the Owner for the same period and rental amount as let to the Guest, the Guest may apply for a refund of any such amount retained by the Owner, which refund shall be in the sole discretion of the Owner, which shall determine such refund on the grounds of fairness and reasonableness.
9. INDEMNITY AND UNDERTAKING
The Guest hereby agrees and undertakes as follows:
9.1 To comply with the terms of the agreement and fulfill all obligations of the Guest as set out in this agreement;
9.2 To abide by all laws of the Republic of South Africa – in this regard, the Guest acknowledges that South African law lists and recognizes a number of sexual, alcohol-related and drug-related offences and he/she shall not contravene any such law;
9.3 To not commit nor permit any criminal offence and/ or any unlawful act of whatsoever nature and howsoever arising to be committed on the premises;
9.4 To ensure that any Guest or third party entering or occupying the premises by arrangement with or at the invitation of the Guest and/or occupants shall not commit nor permit any criminal offence and/ or any unlawful act of whatsoever nature and howsoever arising to be committed on the premises nor cause any loss or damage to the premises;
9.5 That the Guest shall be liable to the Owner for any loss, damage or injury arising and/ or resulting from his/her breach of the provisions of clauses 9.1 to 9.4 above.
9.6 To keep the Owner and/or its representatives indemnified and to hold the Owner and/or its representatives harmless against all loss, damage or injury, from any cause arising, which the Owner and/or its representatives may sustain as a result of my breach of the provisions of clauses 9.1 to 9.4 above.
9.7 To pay the Owner on demand whatever sum shall be owing to the Owner arising from the indemnity set out in clause 9.5 and 9.6 above;
9.8 That the Owner shall be entitled to apply the deposit and interest thereon (as referred to in the agreement) towards the payment of any sum owing to the Owner in terms of clause 9.5 and 9.6 above; and
9.9 That notwithstanding any provision of the agreement and in the event that the Guest has breached the provisions of clauses 9.2 to 9.4 above, the Owner shall be entitled to terminate the agreement with immediate effect and the Guest shall have no claim against the Owner and/or its representatives for such early termination of the agreement.
10. COURT JURISDICTION
The parties consent to the exclusive jurisdiction of the magistrate's court having jurisdiction in respect of any legal proceedings arising from this rental or the Guest's occupation of the premises.
11. APPLICABLE LAW
Regardless of the place of execution, performance or domicile of the parties, this agreement and all modifications and amendments thereof shall be governed by and construed under and in accordance with the laws of South Africa.
12. DOMICILIUM CITANDI ET EXECUTANDI
12.1 The Guest appoints the address set out on the first page of this agreement as his domicilium citandi et executandi for all purposes under this agreement. This address shall be the Guest’s permanent place of residence and in the event that such an address cannot be provided, an address of a close relative shall be provided.
12.2 The Owner appoints the business address as set out on the first page of this agreement as their domicilium citandi et executandi for all purposes under this agreement.
12.3 All notices to the Owner shall be addressed to VillaOCap at the following physical and email addresses :
Physical address: 20 Waterkant Street, 8001 Cape Town