54 on Camps Bay Drive

Important Information

AGREEMENT FOR SHORT-TERM HOLIDAY LEASE

Between

The owner of 54 Camps Bay Road, Camps Bay

(the “Lessor”)

herein duly represented by

BERAKAH PROPERTY MANAGEMENT (2023 / 633727 / 07) (acting as its agent and not principal)

(“the Agent”)

And

---------------------------------------------------------------

(“the Lessee”)

(together referred to as “the Parties’)

1. NATURE OF THE AGREEMENT

1.1 The Lessor hereby lets to the Lessee who hereby leases from the Lessor the premises at 54 Camps Bay Road, Camps Bay, Cape Town, as well as the fixtures, furnishings, appliances, and fittings therein (“the premises”).

1.2 Without limiting the afore going, the premises are let with the items set out in annexure “A” hereto.

1.3 The Parties hereto agree that for all purposes under the Agreement and in respect of the Premises, the Agent shall represent the Lessor as the Lessor’s duly appointed lawful agent. In particular but without limiting the afore going all communication arising out of or in respect of the Agreement and the Premises, intended for the Property Owner shall be addressed to the Agent care/of the Property Owner and;

1.3.1 The Agent may inspect the premises at all reasonable times

1.3.2 It reserves the right to terminate this agreement and the occupation of the premises by the Lessee, should the Lessee or any of the Lessee’s guests commit a serious material breach of this agreement, in The Agents sole and absolute discretion, and the Lessee shall have no claim against The Agent or the Lessor for such early termination of the agreement;

1.3.3 any termination of this agreement in accordance with this clause, shall be on 12-hours prior written notice to the Lessee and the Lessee shall be required to vacate the premises immediately upon expiry of such 12-hour period, at its cost and without liability to the Lessor or the Agent, and be liable to the Penalties set out herein;

1.3.4 The Agent shall accept all payments set out herein on behalf of the Lessor;

1.3.5 The Agent is hereby authorised by the Lessor to undertake such actions as may be necessary or expedient in connection with the maintenance of the premises, and in its best interests or that of the Lessor, at the cost of the Lessor who will pay or reimburse The Lessor for its reasonable expenses and services;

1.3.6 The Parties agree that The Agent reserves the right to let the premises to a third party in the event of cancellation by the Lessee or failure of the Guest to arrive within 24 hours of the arrival date, which will result in charges and cancellation fees payable by the Lessee.

2. LEASE PERIOD

The lease period shall commence on ……………………………(“the commencement date”) at ….h……. and shall terminate on ……. at ………h……(the “termination date”).
There shall be no right of renewal or extension of this lease.
Notwithstanding what is set out in paragraph 2.2 above, should the Lessee remain in occupation of the premises with the prior written consent of the Lessor after the termination date, then such occupation beyond the termination date will be on the same terms and conditions contained in this lease, save that:
3. THE RENTAL

3.1 The rental payable by the Lessee to the Agent for the rental period shall be R…………… .

3.2 Half of the full rental amount shall be payable in order to confirm the Lessee’s booking of the premises for the lease period. The balance of the full rental for the lease period referred to in paragraph 3.1 shall be payable 48 (forty-eight) hours prior to the Lessee taking occupation of the premises.

3.4 All rental due by the Lessee under this lease shall be paid by way of credit card payment, alternatively to the Agent free of exchange and without deduction or set-off, into the account as follows:

ACCOUNT NAME:

BANK:

ACCOUNT NUMBER:

BRANCH CODE:

REFERENCE:

3.5 Should the Lessee cancel any advance booking as contemplated by the Consumer Protection Act (section 17), then the parties agree that the following charges for cancellation

shall be reasonable and shall apply, namely:

3.5.1 90% (ninety percent) of all payments made shall be refundable if cancellation is made in writing 90 (ninety) or more days before the commencement date;

3.5.2 70% (seventy per cent) of all payments made shall be refundable if cancellation is made in writing less than 90 (ninety) but more than 60 (sixty) days before the commencement date;

3.5.3 50% (fifty per cent) of all payments made shall be refundable if cancellation is made in writing 60 (sixty) days or less, but more than 30 (thirty) days before the commencement date; and

3.5.4 In the event of any cancellation being made 30 (thirty) days or less , before the commencement date, then the Lessee shall not be entitled to any refund of any amounts paid.

3.6 The parties record that whilst the cost, use and consumption of electricity and water at the

premises are included in the rental, the Lessee will nevertheless be liable to the Lessor for the

charges of water and electricity in respect of the premises, as is beyond a usual and/or reasonable level of use and consumption thereof..

4. DAMAGES DEPOSIT

4.1 The Lessee consents to the securing, in favour of the Agent, of an amount of R 40 000.00 (forty thousand Rand), being a “hold” of such amount on the Lessee’s credit card.

4.2 The Agent may unilaterally draw from such secured amount on hold in reduction of any amount due by the Lessee to the Agent under this agreement and in respect of the Lessee’s occupation of the premises. Such amount may, without limitation, arise from unpaid rental, damages for holding over, unreasonable utility usage, damage to the premises, damages to and loss of fittings and fixtures and movable items let together with the premises.

4.3 Nothing set out in 4.2 above shall be construed as a limitation or waiver on any claim by the Lessor or Agent against the Lessee under this agreement or in respect of the Lessee’s occupation of the premises.

5. USE OF THE PREMISES

5.1 The premises shall only be used by the Lessee for purposes of a temporary holiday accommodation and not for the conduct of any business at the premises or for any other purpose whatsoever. It is the Lessee’s obligation for the compliance by all the Lessee’s guests and persons at the premises with the terms hereof.

5.2 At no stage shall there be more than 6 (six) persons occupying the premises or more than 10 (ten) persons present at the premises. Any additional persons (other than the 6 perons occupying the premises) present shall be for the purpose of short term visitation only and never for the purpose of occupation. The premises shall not be occupied by any children younger than 10 (ten) years old.

5.3 The Lessee shall ensure that the premises are used in a respectful and reasonable

manner without causing damage or degradation to the premises and without the conduct

of any unlawful activity at the premises and in a manner that does not cause any

nuisance to properties neighbouring the premises.

6. THE GENERAL OBLIGATIONS OF THE LESSEE

The Lessee shall:

6.1 Water and Electricity

Not alter, interfere with or overload the electrical, lighting or heating installations in the premises.
Forthwith notify the Agent and the relevant authority should the electrical current to the premises cease or become defective or be interrupted.
6.2 Maintain Interior

Keep clean and tidy and maintain in good order and condition and service as may be reasonably required by the Lessor from time to time, at the Lessee’s cost, the interior of the premises including the walls, floor, furnishings, ceilings, all the Lessor’s fixtures, fittings, toilets, washbasins, equipment, furnishings and appliances therein in its entirety as may be applicable to the premises hereby let (including all fittings and fixtures and the items listed on annexure “A”) and all locks, keys, door handles, windows (including glass) both internal and external and doors in respect thereof; and on termination of this lease shall deliver the same to the Lessor in such good order and condition (fair wear and tear excepted).

6.3 Alterations

Not make any alterations or additions of any nature whatsoever to the premises or the building of which the premises form a part (“the building”).
Upon demand from the Lessor reinstate the premises and the building to the same good order and condition as they were at the commencement date, fair wear and tear excepted, or remedy the defect as directed by the Lessor in writing.
Not have any claim whatsoever against the Lessor or Agent of the premises for improvements by the Lessee effected to the premises or the building.
Prior to the termination of this agreement and if so required by the Lessor, remove any fixtures or fittings installed in the premises by the Lessee and repair any damage caused by the installation and / or removal of such fixtures, fittings or equipment.
Not have any lien whatsoever in respect of the premises.
6.4 Notification of Defects

Notify the Agent in writing within 24 (twenty-four) hours after the commencement date of this Lease of any defects or deficiency in the Premises its fittings and fixtures and of any defect in the items listed on annexure “A” or of items listed on annexure “A” not found at the Premises.
If the Lessee has not notified the Agent as aforesaid, it will be presumed (until proven otherwise) that the Lessee has acknowledged that the premises and all items were received in good order and condition, apart from latent defects.
6.5 Municipal Regulations

Comply with all requirements of the municipality and / or any other competent authorities in connection with the premises.

6.6 No Assignment, Sub-Letting

Not cede any of its rights; or delegate any of its obligation under this agreement without the Lessor’s prior written consent;
Not sub-let, permit anyone else to occupy the Premises (save as set out in paragraph 5.2 above), or part with possession of the premises or part thereof without the Lessor’s prior written consent.
6.7 Floor of Premises

Not exceed the loading capacity of the floor or lay down any floor covering which may subject any part of the floor of the premises to damage of any nature.

6.8 Refuse

Ensure that refuse is placed outside the premises on the day and shortly before the time for the collection thereof and in the bins provided for that purpose, so that there is no refuse placed and remaining outside the premises at any other time.

6.9 Blockage of Pipes

Use its best endeavours to prevent any blockage of sewerage or water pipes or drains in or connected with the premises;

6.10 Nuisance

Not do or permit anything to be done in or on the premises which may be or may become a nuisance or annoyance to or in any way interfere with the comfort of the other occupants of the neighbourhood. A nuisance fine will be enforced by the Agent which will include a call out fee if any complaints are received by the Agent in this regard.

6.11 Claims

Unless caused by the gross negligence of the Lessor or Agent, not have any contractual or delictual claim for damages (direct or consequential) against the Lessor and its Agents for any loss, damage or injury which the Lessee may directly or indirectly suffer by reason of any latent or patent defects in the premises or the building, or fire in the premises or the building or any part thereof being in a defective condition or state of disrepair or any particular repair not being effected by the Lessor or the Agent of the premises timeously, or at all, or arising out of the functioning or malfunctioning of the air-conditioning, lift or escalators serving the premises, or arising out of any defect in the water, gas or electricity supply to the premises, or arising out of vis major or casus fortuitus or any other cause either wholly or partly beyond the Lessor’s control, or arising out of any act or omission on the part of the Lessor, its Agents or representatives or arising out of a change of the building’s name, its façade, appearance or any other feature thereof, or arising in any manner whatsoever out of the use of the lift or escalators in the premises or the building by any person whatsoever.

6.12 Vacation of Premises

On vacating the premises, forthwith deliver in working condition all keys, access cards, remote controls or other devices for entry to the premises to the Lessor or its agents.

6.13 Plate Glass

Keep and maintain all plate glass in the premises in good order and condition and replace at the Lessee’s cost any damaged or broken glass, however that damage or breakage is caused.

6.14. 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;

6.15 Refrain from interfering with the electrical, plumbing or other installations or systems

serving the premises or the building, except as may be necessary to enable the Lessee to carry out its obligations of maintenance and repair in terms of this lease;

6.16 Promptly report any damage arising in the premises from time to time during the lease period, whatever the cause or such damage, and including damage to any part of the interior of the premises or to any, window, door appurtenance, fixture, furniture or fitting and replace all such items (as well as any keys) which have been broken, lost or destroyed (again regardless of cause);

6.17 In the event of any defect, breakage, loss, malfunction or the like, of any sorts at the Premises, the Lessee’s shall not procure any third party to evaluate, repair or attend to that and in all instances, the Lessee shall contact the Ageny to attend thereto on behalf of the Lessor. The Lessee’s shall not be reimbursed any costs for the appointment of such third parties, where the Lessee’s have failed to so contact the Agent, unless after having been duly contacted, the Agent fails in an unreasonable manner to take reasonable action after having been contacted by the Lessee’s to attend to the breakage, loss, malfunction or the like at the Premises. In any event, the Lessee’s shall not be entitled to reimbursement for any such expenditure beyond the reasonable costs thereof.

7. LESSOR’S RIGHTS AND OBLIGATIONS

The Lessor:

Access to Premises
Shall have access to the premises at all reasonable times to inspect the premises, effect repairs, alter the premises or for any other reasonable purpose.

Maintain Exterior
May alter the premises when required to do so by any lawful authority;
May suspend the operation of any lifts, escalator or air conditioner serving the premises for service and / or repair or any other similar purpose; provided that the Lessor shall exercise its rights in terms hereof with as little inconvenience as possible to the Lessee.
7.3 No Warranty

Does not warrant or represent that the premises or any items supplied with the premises are fit for any specific purpose.

7.4 The premises are as they are found and the Lessee shall inspect the premises to determine its condition and satisfy itself as to the suitability thereof and the Lessor gives no warranty in this regard.

7.5 Guests are alerted to the possible loss of electricity supply during their stay, as a consequence of the national power utility (Eskom) experiencing outages from time to time. The period of the outages depends on the loadshedding stages which are published by Eskom at https://loadshedding.eskom.co.... or https://sepush.co.za/, from time to time. During loadshedding and power outages, the lifts in the building as well as lighting in the common areas of the building are not in use. These electricity interruptions are outside of our control and therefore will not qualify as a force majeure event or breach by the Agent or Lessor of their rental agreement with the Lessee.

8. BREACH

8.1 Should the Lessee:-

Fail to pay any amount due by the Lessee in terms of this agreement on due date; or
Commit or allow the commission of any other breach of this lease;
Then and in any of such events the Lessor shall without prejudice to any other claim of any nature whatsoever that the Lessor may have against the Lessee as a result thereof:

be entitled to cancel this lease immediately; or
in the case of sub-clause (b), be entitled to remedy such breach and immediately recover the total cost incurred by the Lessor in so doing from the Lessee;
be entitled to immediately evict the Lessee and re-enter upon and take possession of the property;
claim any rent already due;
claim damages for breach of contract or otherwise.
8.2 Should the Lessor institute action against the Lessee pursuant to a breach by the Lessee of

this lease, then without prejudice to any other rights which the Lessor may have, the Lessor shall be entitled to recover all legal costs incurred by it including Attorney and Own Lessee charges, tracing fees and such collection commission as the Lessor is obliged to pay to its attorneys, from the Lessee.

8.3 Should the Lessor or Agent cancel this lease and the Lessee dispute the Lessor’s rights to do so and remain in occupation of the premises pending the determination of that dispute, then:

The Lessee shall continue to pay, on due date, all amounts due by the Lessee in terms of this lease as apply during the lease term and thereafter the daily pro rata potion thereof payable weekly in arears;
The Agent shall be entitled to recover and accept those payments;
The acceptance by the Agent of those payments shall be without prejudice to and shall not in any manner whatsoever affect the Agent or Lessors claim to cancellation of this lease, the eviction of any unlawful occupants or of any other nature whatsoever.
8.4 Should the dispute between the Agent or Lessor and the Lessee be determined in favour of the Agent or Lessor then the payment made to the Agent in terms of (a) above shall be regarded as damages paid by the Lessee on account of the loss sustained by the Lessor as a result of the holding over by the Lessee of the premises.

8.5 The Lessor shall be entitled at its option to institute any legal proceedings which may arise out of or in connection with this Lease in any Magistrate’s Court having jurisdiction, notwithstanding the fact that the claim or value of the matter in dispute might exceed the jurisdiction of such Magistrate’s Court in respect of the cause of action.

9. NOTICES AND DOMICILIA

9.1 The parties hereby choose domicilium citandi et executandi for all purposes under this Agreement at the following addresses:

Lessee’s address:

e-mail:

physical home address:

Lessor (care of the Agent) and the Agent

Email address:

Emergency contact number:

Any notice to any party shall be addressed to the email address given.
Any notice required to be given in terms of this lease shall be deemed to have been received on the date of dispatch if delivered by emailed to the aforesaid email address.
10. GENERAL PROVISIONS

10.1 No alteration, cancellation, variation of or addition hereto shall be of any force or effect unless reduced to writing and signed by all parties to this Agreement or their duly authorised representatives;

10.2 This document and the annexures hereto, including Annexures ”A” and “B” contains the entire agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein;

10.3 No indulgence, leniency or extension of time which the Lessor may grant or show to the Lessee shall in any way prejudice the Lessor or preclude the Lessor from exercising any of its rights in future;

10.4 This lease document shall not be construed, nor is it an offer to lease by the Lessor. Prior to duly authorised signature by the Lessor, the Lessor may at its sole discretion refuse to accept this lease at which time no agreement shall exist nor shall the Lessor be liable for any damages of any nature whatsoever, which damages may arise as a result of the Lessor’s refusal to accept this lease, thereby failing to enter into an agreement with the Lessee.

10.5 The parties by there signature hereto agree to the terms set out in annexure “B” hereto relating to the Lessee’s personal information furnished under and in respect of this Agreement.

SIGNED AT THIS DAY OF 2023.

AS WITNESSES:

1.

2. .................................................……

LESSEE

(NAME: )

SIGNED AT THIS DAY OF 2023

AS WITNESSES:

1.

.........................................................
LESSOR

(NAME: )

Duly authorised hereto as director of the Manager

SIGNED AT THIS DAY OF 2023

AS WITNESSES:

1.

2. .........................................................

THE MANAGERS

(NAME: )

ANNEXURE “B”

PROTECTION OF PERSONAL INFORMATION

This agreement and the information furnished in accordance therewith will be applicable to all personal information as defined in the Protection of Personal Information Act, 4 of 2013 (“POPI”).
By the Lessee submitting any personal information to the the Agent, the Lessee unconditionally and voluntarily, consents to the processing of the submitted personal information for any and all purposes related to this agreement.
The Lessee agrees and consent that its personal information may be processed by, or on behalf of the Agent for the purposes of the provision of any agreed service and/or product provided by the Agent to the Lessee as out in the Agreement.
The Agent shall at all times comply with its obligations and procure that each of its Affiliates comply with their obligations under POPI.
The Agent shall ensure that any personal information that is processed by it in the course of performing its obligations under the Agreement is done in accordance with POPI.
The Agent shall not process, disclose, or use personal information except:
to the extent necessary for the provision of Services under the Agreement; or
to fulfil their own obligations under the Agreement; or
as otherwise expressly authorised by the Lessee in writing.
In the event the Lessee providing such consent necessary for the disclosure of personal information to a Third Party, the Agent shall:
make such disclosure in compliance with POPI; and
enter into a written agreement with the applicable Third-Party recipient of such personal information that requires such Third Party to safeguard the personal information in a manner no less restrictive than the Lessor’s obligations under these terms.
Without limiting the foregoing, such safeguards and measures shall be appropriate to protect against the harm that may result from unauthorised or unlawful processing, use or disclosure, or accidental loss, destruction, or damage to or of Personal Information and the nature of the personal information, and shall maintain all safeguard measures as is required by POPI.
The Agent shall not use, process, store, transfer or permit access to any personal information across the borders of South Africa, without the written consent of the Lessee.
In the event of any actual, suspected, or alleged security breach, including, but not limited to, loss, damage, destruction, theft, unauthorized use, access to or disclosure of any personal information, the Agent shall:
12.1 notify the other Party as soon as practicable after becoming aware of such event; provide the Lessee with all information regarding the breach in the Lessee’s knowledge and possession to allow the Lessee to ascertain what has occurred and which personal information has been affected.

121.2 promptly take whatever action is necessary, at the Agent’s expense, to minimise the impact of such event and prevent such event from recurring.

The Lessee hereby consents to the Agent sharing the personal information as provided for herein cross border. Should the Lessee’s personal information be shared cross border, the personal information will not be subject to less protection than it enjoys in terms of South Africa’s data privacy laws.
ANNEXURE “C”

INDEMNITY & LIMITATIONS OF LIABILITY

Berakah Property Management PTY Ltd and the Lessor (“Indemnified Parties”) shall take all reasonable steps and precautions to prevent accidents,injuries, damage and inconvenience to the Guests and will take reasonable steps to remedy the failure of any equipment or facilities from being in good working order, but the Lessee (as defined herein above) hereby accept that no amount of care or precaution can exclude risks inherent in the rental of the premises or use of its equipment and facilities, and hereby voluntarily associates itself with these inherent risks.
Subject to the provisions of this agreement, the Guests indemnifies Berakah Property Management PTY Ltd and the Lessor against any liability, loss, claim or proceedings (collectively referred to hereinafter as “Claims”), including Claims from any other party’s consequent upon the death or bodily injury or illness of any person, or damage to or physical loss of any property, or due to unlawful conduct by the Lessee.
Guests stay at the premises at their sole risk, and the Guests (and also any minor children) hereby declare themselves familiar with the premises and the risks inherent in its use and indemnify the Indemnified Parties as set out in “2” above against any and all risk, loss or damage of any kind.
In the event that the premises include facilities such as amongst others a swimming pool, sauna, tennis or squash courts these facilities shall be used by the Guests at their sole risk. Children must be supervised at all times.
In consideration for the Lessor agreeing to lease the premises to the Indemnified Parties on the terms and conditions set out in the Confirmation of Reservation and this Agreement of Short Term Holiday Rental concluded between the Parties (collectively referred to as the “agreements”) the Lessee, hereby irrevocably warrants, agrees and undertake as follows:
to comply with the terms of the agreements and fulfil all obligations of the Guest as set out in the agreement;
to abide by all laws of the Republic of South Africa – in this regard, I/we acknowledge that South African law lists and recognizes a number of sexual, alcohol-related and drug-related and noise nuisance offences and I/we shall not contravene any such law;
to not commit nor permit any criminal offence and/or any unlawful act of whatsoever nature and howsoever arising to be committed on or around the premises;
to ensure that any visitor or third party (“attendee”) entering or occupying the premises by arrangement with or at the invitation of a Guest shall not commit nor be permitted to commit any criminal offence and/or any unlawful act of whatsoever nature and howsoever arising on the premises, nor cause any loss or damage to the premises;
that the Indemnified Parties shall be liable to Berakah Property Management and the Lessor for any loss, damage, penalty or injury arising and/ or resulting from my/our breach of the provisions of this agreement, and shall hold Berakah Property Management and the Lessor harmless against all loss, damage or injury, from any cause arising, which Berakah Property Management and/or the Lessor may sustain as a result of the Lessees breach of this agreement, irrespective of whether such breach can be legally imputed to the Lessee or by virtue of any legal duty upon Berakah Property Management or the Lessor not having been met;
to pay you on demand whatever sum shall be owing to you arising from the indemnity set out in paragraph 5.5 above;
that Berakah Property Management shall be entitled to apply the deposit and interest thereon (as referred to in the agreements) towards the payment of any sum owing by the Lessee in terms of the above indemnity;