Perfect Position With Stunning Harbour, City Views

Important Information

1. INTERPRETATION
1.1 In these Standard Terms and Conditions, unless the context otherwise indicates:
1.1.1 Words importing the singular shall include the plural and vice versa;
1.1.2 Words importing one gender shall include other genders;
1.1.3 Words indicating natural persons shall include and import artificial persons;
1.1.4 The headings to the clauses contained herein are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate;
1.2 “Amendment Fee” means the fee charged by the Rental Agent for any amendment to the confirmed booking by the Client as set out in clause 4.4 below;
1.3 “Booking Form” means the booking form completed by the Client and which, together with these Standard Terms and Conditions, constitute a valid and binding Rental Agreement;
1.4 “Breakage Deposit” means a refundable deposit in the amount of R10,000 (ten thousand Rand) payable by the Client to the Rental Agent as set out in clause 4.3;
1.5 “Client” means the person/s named on the Booking Form who contracts with the Rental Agent in the terms and conditions hereunder;
1.6 “Lease Agreement” means the agreement of rent that is constituted by and consists of the provisions of the Booking Form and these Standard Terms and Conditions;
1.7 “Occupants” means all the persons, including the Client, staying over-night in the Premises during the Occupation Period and, where the context requires it, will include guests of the occupants;
1.8 “Occupation Date” means the arrival date, being the first day of the Occupation Period, as specified in the Booking Form;
1.9 “Occupation Period” means the length of stay of the Client in the premises, being the period from the arrival date to the departure date as specified in the Booking Form;
1.10 “Owner”– means the owner of the Premises;
1.11 “Premises” means the apartment or villa as indicated on the Booking Form or as designated by the Rental Agent;
1.12 “Rental Agent” means the managing agent who acts as an agent for and on behalf of the Owner of the Premises;
1.13 “Total Rental Cost” means the rental rate payable by the Client based on the number of Occupants and Occupation Period to the Rental Agent as specified in the Booking Form;
1.14 “ZAR” or “Rand” means the lawful currency of the Republic of South Africa.

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2. INTRODUCTION
2.1 The Owner has mandated the Rental Agent to let the Premises and charge rental to the Client for occupation of the Premises for the Occupation Period.
2.2 The Owner lets and the Client hires the Premises on the terms and conditions set out in this Lease Agreement.
2.3 Nothing contained in this Agreement shall confer exclusive possession upon the Client respect of the Premises or create the relationship of landlord and tenant between any of the parties hereunder.
3. DURATION
This lease shall come into operation on the Occupation Date and shall subsist for only as long as the Occupation Period.
4. BOOKING PROCEDURE
4.1 Provisional Booking
4.1.1 In order to secure a provisional booking for the Premises, the Client shall:
(a) 30 (thirty) days prior to the Occupation Date, complete in writing and dispatch to the Rental Agent a Booking Form; and
(b) simultaneously pay the Rental Agent a booking deposit (the “Booking Deposit”) of 50% (fifty percent) of the Total Rental Cost. If the Booking Deposit is not paid, then no booking will be made.
4.2 Confirmed Booking
4.2.1 Upon receipt by the Rental Agent of the balance of the monies due, being the remainder of the Total Rental Cost together with the Breakage Deposit from the Client, the provisional booking shall be confirmed.
4.2.2 If the balance of the monies due from the Client is not received 30 (thirty) days prior to the Occupation Date then the provisional booking will be automatically cancelled, and the Booking Deposit will be forfeited.
4.2.3 If the Client cancels the Lease Agreement before making payment of the balance of the monies then the provisional booking will be automatically cancelled, and the Booking Deposit will be forfeited.
4.2.4 For bookings made less than 30 (thirty) days from Occupation Date or where the booking is made prior to 30 (thirty) days from Occupation Date and the total Rental Cost is less than R10,000, the total amount of the Total Rental Cost excluding the Breakage Deposit shall be paid to the Rental Agent for the booking to be confirmed.
4.2.5 Should the Client cancel the Lease Agreement after having made payment in terms of clause 4.2.6 above, and for whatever reason, then the Total Rental Cost shall be forfeited and no refund shall be applicable.
4.3 Breakage Deposit
4.3.1 The Breakages Deposit will only be used if there is damage to the Premises or where the Body Corporate of the Apartment or Complex building institutes a fine to the owner of the Apartment in lieu of disruptive behaviour by the guest, as described fully in clause 8.1.19 below. The Rental Agent shall scratch the Client’s credit card prior to the Occupation Period and shall only issue a payment against such scratching in the event that there are damages to the Premises or a fine has been levied for disruptive behaviour.

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4.3.2 In the event of damage to the Premises, Clients will be notified in writing within 7 (seven) working days of their departure, following the Occupation Period, together with an invoice specifying the details of any claim.
4.3.3 Damages are not limited to the Breakages Deposit and should any damage to the Premises exceed the R10,000 deposit amount, then the Client agrees that they will be held liable for any additional costs over and above the Breakages Deposit.
4.3.4 In the event of any breakages the Rental Agent will levy an administration fee of R350.00 (three hundred and fifty Rand), which fee is non-refundable and may be deduced from the Breakages Deposit.
4.3.5 Due to the high value investments attaching to the Premises, the risk of lost keys, remote controls and access tags constitute a real security threat and breach, and accordingly any lost keys, remote controls or access tags will entail purchasing and programming these items. The Client agrees that a lost key charge of R1000 or more will apply and the applicable replacement cost for remote controls and access tags will likewise apply.
4.4 Amendments to Confirmed Bookings
4.4.1 If the Client wishes to amend his confirmed booking in any way, then the Rental Agent may elect, in its sole discretion and without obligation, to do so. In such event, the Rental Agent shall charge an Amendment Fee of 3% (three percent) of the Total Rental Cost, which shall be payable by the Client on demand.
4.5 Special Requests
4.5.1 The Client shall advise the Rental Agent in writing on the Booking Form of any special requests, needs or facilities required by him due to medical needs (for example refrigeration for the storage of insulin and other medically prescribed drugs) or any requirements relating to disabilities and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be borne by the Client and is payable on demand.
5. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATION
5.1 All quotations given by the Rental Agent to a Client shall be in writing and, unless otherwise agreed to in writing by a member of the Rental Agent, shall be in the currency of South African Rand (ZAR). Such quotations shall be inclusive of South African value added tax (where applicable), but excludes an administration/contract fee per agreement signed. Acceptance of any quotation by a Client shall be in writing. The Rental Agent reserves the right to amend and increase any quotation, even after acceptance by the Client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies and increases levied by third party suppliers, in respect of the accommodation.
5.2 Any revision in quotations will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the Client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of The Rental Agent for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final and binding on the Rental Agent and the Client, and accordingly not subject to appeal.
5.3 Although the Rental Agent strives to ensure that all rates displayed on its website or any website linked to its website and 3rd party listing sites are correct and accurate, the Rental Agent gives no warranties or representations in this regard and reserves the right to request additional payments from Clients, should properties which have seasonal and/or special event rates, charge such increased rates. In certain cases, properties/property groups, make rate changes at their discretion, and at short

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notice, necessitating an increase in the rates payable by the Client. In such instance, the Client accepts such rate increase at the request of the Rental Agent.
5.4 All payments due under the Rental Agreement to the Rental Agent by the Client shall be made free of exchange, deduction or set-off of whatsoever nature by way of cash, direct transfer, forex transfer or by credit card.
5.5 The Client may be required to 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 authorization form.
5.6 The relevant reference number (RN number) for the booking shall at all times be reflected on the proof of payment.
5.7 Credit Card Processing
5.7.1 Detailed description of goods and /or services the managing agent is a business in the Tourism Industry that manages Self-Catering Apartments.
5.7.2 Delivery policy Subject to availability and receipt of payment, request will be processed within 24 hours and the reservation confirmed by email.
5.7.3 Return and Refunds Policy See cancellation clause 14.
5.7.4 Customer Privacy Policy
The managing agent shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded.
5.7.5 Payment options accepted Payments will be made via VISA, MasterCard, Diners or American Express credit cards or by bank transfer into the the managing agent bank account, the details of which will be provided on request.
5.7.6 Credit Card acquiring and security Credit card transactions will be acquired for the managing agent via Pay Gate (Pty) Ltd who are the approved payment gateway for FNB Bank. Pay Gate uses the strictest form of encryption, namely Secure Socket Layers 3 (SSL3) and no credit card details are stored on the website. Users may go to their website to view their security certificate and security policy.
5.7.7 Customer details separate from card details Customer details will be stored by the managing agent separately from card details which are entered by the clients on Pay Gate’s security site. For more details please visit their website.
5.7.8 Merchant Outlet country and transaction currency - The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
5.7.9 Responsibility - the managing agent takes responsibility for all aspects relating to the transaction including sales of accommodation dates in the self-catering apartments sold on the website, customer service and support, dispute resolution and delivery of goods.

5.7.10 Country of domicile – the managing agent is governed by the law of South Africa and the managing agent chooses as its domicilium citanda et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, to Suite 201B, Soho on Strand, c/o Rose and Strand Streets, De Waterkant, Cape Town.
5.7.11 Variation - This shall form the whole agreement in conjunction with the Rental Booking Form.


6. DESCRIPTION AND CONDITION OF PREMISES
6.1 Description of the Premises
6.1.1 The Client confirms that he has read and understood the description of the Premises that he has chosen as displayed on the website, or as emailed by the Rental Agent.
6.1.2 Minor differences between the actual Premises and any description or illustration may exist. While the Rental Agent and the Owner take all reasonable steps to ensure the accuracy of such description and illustrations, no warranty, whether express or implied, is made with respect to any such descriptions and illustrations on the applicable web-site and accordingly the Rental Agent and Owner will not be liable for any nonmaterial errors or differences or for the results thereof. The Parties agree that nonmaterial differences in the description of the Premises will not amount to a breach of the Rental Agreement and will not entitle the Client to cancel the Rental Agreement.
6.1.3 Furthermore, the Rental Agent reserves the right to substitute the applicable Premises with another similar quality Premises (i.e. one bedroom for one bedroom or two bedrooms for two bedrooms) should the chosen Premises not be rentable for any reason whatsoever. Such change shall be discussed with The Client.
6.2 Condition of the Premises
6.2.1 The Premises are accepted as including all furniture, fittings and accessories “voetstoots” meaning “as is “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.
6.2.2 A full inventory of the contents of the Premises will be found in the Premises and should be checked by the Client upon arrival. Any shortfall, damage or breakages must be reported to the Rental Agent within 48 (forty-eight) hours of the Occupation Date, otherwise it will be assumed that the inventories are correct and the Premises will be deemed to have been in good order.
6.2.3 The Rental Agent will endeavour to make good any damages reported by the Client within 2 (two) days of receipt of the report from the Client, or note such defects to absolve the Client of such defects.
6.2.4 The Client shall otherwise be responsible for any shortages, breakages or damages to items contained in the inventory list during the Occupation Period.
6.3 Change in Premises
6.3.1 In the event that the Premises are sold, under construction or not available for any other reason, then the Rental Agent shall ensure that another unit with all similar amenities and facilities are available to the Client at the same rate and for the same period. If the Rental Agent cannot find one apartment for the total duration of the guest stay but two different apartments for the stay, then the guest will be forced to move to a second apartment for the rest of the stay. Such change will be discussed with the Client.
7. OCCUPANCY
7.1 The Premises shall be available for occupation strictly between 14h00 – 17h00 on the Occupation Date. Should the Client wish to occupy the premises before this check-in time, they are advised to

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make special arrangements with the Rental Agent, which special arrangements may require an extra fee. No such special arrangement shall be considered confirmed unless reduced to writing. The Rental Agent shall do their best to facilitate any requests.
7.2 If a Client checks in after 17h00, there will be a special fee raised of R350 (three hundred and fifty Rand).
7.3 The arrival details and check in form must be forwarded to the Rental Agent prior to the Client’s arrival by email (or such other forwarding details as may be advised by the Rental Agent from time to time). Failure to do so will result in unnecessary delays for which the Rental Agent will not be liable.
7.4 The Client must contact the concierge as provided on the Booking Form at least 45 (forty-five) minutes prior to their arrival to allow them to open the Premises. Failure to do so may result in a delay of the Premises being opened when the Client arrives.
7.5 Occupants are required to vacate the premises before 11h00 on the day of departure, failing which the Rental Agent has the right to charge the Client for an extra day (or longer where applicable).
7.6 In the event that that any Occupant fails to leave the premises in accordance with clause 7.5 above and causes the Owner and/or Rental Agent to suffer damages, the Rental Agent and /or owner reserves the right to claim damages from the Client.

8. OBLIGATIONS AND DUTIES OF THE CLIENT
8.1 The Client and/or other Occupants shall:
8.1.1 only use the Premises for residential accommodation purposes and the parking places only for parking of motor car/s;
8.1.2 keep and maintain the interior of the Premises clean, tidy and in a habitable condition;
8.1.3 take reasonable measures to protect the Premises and all parts thereof (including all fixtures, fittings, appurtenances, appliances and keys) from abuse, damage, destruction and theft;
8.1.4 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;
8.1.5 ensure that refuse does not remain on or outside the premises, save in the place provided;
8.1.6 not do anything which could damage the Premises or render any insurance policy in respect of the Premises void or voidable;
8.1.7 not contravene any of the conditions of the title of the Premises or any of the laws, rules or regulations affecting owners, clients or occupiers of the Premises;
8.1.8 abide by the Body Corporate rules and regulations, as stated in the printed copies left in each Premises;
8.1.9 not make any alterations or additions to the premises, nor affix anything to the walls of the premises;
8.1.10 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 its obligations of maintenance and repair in terms of the Rental Agreement;
8.1.11 not allow more than the specified persons as per the booking form to reside in the Premises at the same time;
8.1.12 not sublet the whole or any part of the Premises to any third party, nor may the Client cede and/or delegate any of his rights or obligations under the Rental Agreement;

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8.1.13 not keep any live animals or birds on the Premises except with the prior written consent of the Rental Agent;
8.1.14 not hang washing in any visible place in or about the Premises, or do or display anything else which causes the Premises to appear unsightly;
8.1.15 take all reasonable measures to prevent blockages and obstructions from occurring in the drains, sewerage pipes and water pipes serving the Premises;
8.1.16 ensure that all lights and appliances are not left on unnecessarily and switched off when leaving the premises. (Client is reminded that Cape Town is an energy saving conscious city);
8.1.17 not redecorate the premises unless written permission to do so is received from the Rental Agent or its duly appointed agent;
8.1.18 ensure that all doors and windows are closed and or secured at all times, and that all furniture including but not limited to outdoor chairs and umbrellas are secured and fastened, as Cape Town is a windy city:
8.1.19 not use any tobacco products or allow any other person to use tobacco products in or around the Premises. No cigarette stubs may be discarded in the Premises or on the communal property and stairs, nor be thrown from the Premises’ windows onto the surrounding Premises;
8.1.20 behave in a manner that is considerate to others. Disruptive behaviour caused by loud music and/or late night or early morning rowdiness will not be tolerated. If the Occupants cause unreasonable annoyance, noise, distress, damage, crime or danger, the Rental Agent has the right to evict the Occupants and impose a fine of R1 500. As read in clause 4.3.1
8.1.21 not arrange any parties or functions without the Owner/Rental Agent’s prior consent;
8.1.22 upon departure, hand over all keys (including remote controls) to the Rental Agent or its appointed agent. Any lost keys or keys not returned will result in lock and keys being replaced at the Clients cost and will be deducted from the Breakage Deposit referred to in clause 4.3 above;
8.1.23 allow the Rental Agent/Owner permission to enter the Premises at any reasonable time on 24 (twenty four) hour notice, to inspect the same in order to view the condition and state of repair thereof.
8.2 The Rental Agent may further in its sole discretion cancel or terminate a Client’s booking in respect of the accommodation or any remaining part thereof in the event of any illegal or incompatible behaviour of the Client. In such circumstances, the Client agrees that they shall not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this clause shall be payable by the Client on demand.
8.3 The Client is responsible for the cost of repairing or replacing all interior fixtures and fittings which may become broken or damaged.
8.4 The Client shall bear the costs of unblocking waste pipes/drains/toilet cisterns, if these are blocked and caused by the Client, including (without limitation) by flushing down materials that cause blocking of drains.
8.5 Should the Client break or lose anything belonging to the Owner, they must advise the Rental Agent so that the Rental Agent can arrange for a replacement or repair of the item, which shall be of the same standard and quality as the object lost or broken. The Clients must not try to rectify the problem themselves by either purchasing a replacement themselves or attempting to repair the item. Any item found to have been replaced or repaired by the Client without the express authority of the Rental Agent, in writing, shall be for the account of the Client, notwithstanding that the item has been replaced or repaired.
8.6 As the cost of cleaning is calculated on normal/average cleaning with regards to time and consumables, the Rental Agent can charge the Client an additional amount if the fair usage policy pertaining to cleaning is misused.

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9. OBLIGATIONS AND DUTIES OF THE RENTAL AGENT
9.1 The Rental Agent undertakes at its own cost prior to the Occupation Date to:
9.1.1 ensure that the Premises are let with all the furnishings, fittings, appliances, equipment and amenities represented by the Rental Agent as being in or forming part of the Premises;
9.1.2 provide an adequate housekeeping service not less than once a week, during business days, as more fully described in clause 10 below;
9.1.3 provide a pool and gardening service (where necessary, and if applicable not less than once a week);
9.1.4 make the Premises available in good and clean condition with all fittings, appliances, equipment and amenities in sound and good working order;
9.1.5 supply a continuous supply of electricity, save for instances when disconnected by Eskom, City Power or any other utility, provided such disconnection is not as a result of arrear and outstanding accounts;
9.1.6 subject to clause 15, ensure that the Premises are adequately insured against damage, destruction and/or any loss which the Rental Agent/Owner may suffer as a result of theft or break-in and/or fire, during the Occupation Period. The insurance should include coverage for public liability, SASRIA and malicious damage.
9.2 The Rental Agent further undertakes to and in favour of the Client that it will, as soon as is reasonably possible and subject to the Rental Agent’s knowledge, inform the Client of any facts and/or changes in circumstances which may be material to, and or may affect the Client'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.
10. CLEANING SERVICES
10.1 Cleaning services are procured by third party suppliers and will be provided Monday - Friday (excluding public/religious holidays). The cleaning staff will only perform the following duties: change bed linen (weekly); clean bathrooms; sweep, mop and dust the Premises; wash the crockery and cutlery. Windows and patios are cleaned once a week weather permitting. The Client may arrange in writing with the Rental Agent for any additional cleaning services, which shall be for the Client’s account and payable on demand to only the Rental Agent directly.
10.2 Client must ensure that all bed linen and towels, which need to be changed, must be placed in the bath for collection, or in the event of no bath the shower in the main bathroom.
10.3 In the event of a disruption of the cleaning services, the Rental Agent will endeavour to find a replacement cleaner within a reasonable time.
10.4 The premises are cleaned every five (5) days and any bookings for a period over and above five (5) days, will require a mandatory cleaning fee, which fee will be added to the Total Rental Costs and is payable by the Client on demand.
11. INTERNET ACCESS
11.1 Wireless Cellular Internet connections is for the account of the Client and the Client will be billed by the Rental Agent or its duly appointed agent on receipt of the billing information from the relevant service provider. Such charges will be added to the Clients Total Rental Costs and are payable on demand. Data packages are available in 2 Gigabyte bundles and the first 2 Gigabytes are at no charge.
11.2 Bandwidth will be capped at 1 (one) Gigabyte unless an alternative arrangement is made with the Rental Agent or its duly appointed agent, in writing.

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12. FAIR USAGE POLICY
12.1 Included in the cost of booking is the charge for the use and consumption by the Client of all electricity and water consumed upon the Premises. Clients are kindly requested to use electricity and water sparingly and only according to their needs. In the unlikely event that a Client uses and consumes a disproportionate amount of electricity in excess of 50 units per day per one and twobedroom apartment and 100 units per day for a three-bedroom apartment then the Rental Agent has the sole discretion to deduct any amount which it thinks fit, from the Breakage Deposit, to cover such excess electricity or water charges.

13. CHILD POLICY
13.1 A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate under the Rental Agreement, unless otherwise agreed in writing by the Rental Agent.
13.2 Certain accommodation establishments refuse permission to children under the age of 12 years. Acceptance of children is therefore subject to the availability of family units and specific conditions implemented by the supplier.
13.3 Children under the age of 12 years must be supervised at all times by an adult when using the swimming pool facilities and other amenities. In no event shall the Owner and Rental Agent be liable for direct or indirect damages arising directly or indirectly from the use of such facilities and amenities by an unsupervised child 12 years or younger.
14. BREACH AND CANCELLATION
14.1 Should the Client default in any payment due under this Lease Agreement or be in breach of the terms of this Lease Agreement in any way, and fail to remedy such default or breach within 24 (twenty-four) hours after receiving a written demand that it be remedied, the Owner shall be entitled, without prejudice to any alternative or additional right of action or remedy available to the Owner under the circumstances, and without further notice to cancel this Lease Agreement with immediate effect, be repossessed of the Premises, and recover from the Client damages for the default or breach and the cancellation of this Lease Agreement.
14.2 Clause 14.1 shall not be construed as excluding the ordinary lawful consequences of a breach of this Lease Agreement by either party (save any such consequences as are expressly excluded by any of the other provisions of this Lease Agreement) and in particular any right of cancellation of this Lease Agreement on the ground of a material breach going to the root of this Lease Agreement.
14.3 Cancellations
14.3.1 Cancellations of confirmed bookings by the Client, for whatever reason, may only take place according to the procedure outlined in this clause.
14.3.2 The following cancellation fees are agreed to between the parties and shall be calculated by reference to the Total Rental Cost booked by the Client and the number of days’ notice of cancellation is provided: (a) More than 91 (ninety one) days, 75% (seventy five percent) of the Total Rental Cost shall be refunded; (b) 90 (ninety) – 60 (sixty) days, 50% (fifty percent) of the Total Rental Cost shall be refunded; (c) 59 (fifty nine) – 31 (thirty one) days, 25% (twenty five percent) of the Total Rental Cost shall be refunded; (d) 30 (thirty) days or less notice given, no refund of the Total Rental Cost shall be made.
14.4 All requests for cancellations shall be made by the Client in writing to the Rental Agent and shall only be effective on the date of actual receipt by The Rental Agent.
14.5 Any cancellations made, shall be subject to the following deductions and administrative charges:
14.5.1 Refunds to credit cards: the relevant cancellation fee, less a 6% (six percent) credit card surcharge and an administrative charge.

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14.5.2 Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by The Rental Agent’s bankers, less an administrative charge.
14.5.3 Forex transfers: the relevant cancellation fee, less actual bank charges debited by the Rental Agent’s bankers, less an administrative charge.
14.5.4 Cash payments: the relevant administration charges, less actual bank charges debited by the Rental Agent’s bankers, less an administrative charge.
15. FORCE MAJEURE
15.1 If the Premises are rendered unsuitable by force majeure, including but not limited to fire, flood, or acts of God, or any other external circumstances beyond the Rental Agent’s control, then in such case the Rental Agent will make every effort to find an alternate premises of a similar standard, if available, or the Rental Agent will repay to the Client on demand the pro rata portion of the rental in relation to the Occupation Period during which the Client is not able to occupy and enjoy the reasonable usage of the Premises.
15.2 Provided that the Owner / Rental Agent complies with the provisions of 15.1 above, the Owner/Rental Agent will not be liable for breach of contract or any claim that may result from any inconvenience suffered.
16. LIMITATION OF LIABILITY AND INSURANCE
16.1 The Occupants use the Premises at their own risk. Neither the Rental Agent, any of its representatives, employees or officers, nor the Owner of the Premises will be liable for any costs, loss or damages that the Occupants may suffer as a result of any death, injury, theft, damage to property, accident or any event of whatsoever nature occurring during the Occupation Period, whether as a result of the Rental Agent (or its employees/officers) or the Owner’s default, negligence or otherwise howsoever arising, including, but without limiting the generality of the aforesaid :
16.1.1 any act or omission of The Rental Agent or any agent or employee of or contractor to The Rental Agent, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
16.1.2 the condition or state of repair at any time of Premises, or any part thereof;
16.1.3 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, airconditioning, heating, or any other amenity or service to the Premises, (including, without generality being limited, any cleaning service), whatever the cause;
16.1.4 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Premises and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
16.1.5 any interruption of or interference with the enjoyment or beneficial occupation of the Premises or any of the common parts of the Premises caused by any building operations or other works to or in the Building or elsewhere on or about the Premises, or on adjacent properties whether carried out by the Rental Agent or by anybody else; or
16.1.6 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Premises, whether or not the Rental Agent could otherwise have been held liable for such occurrence or failure.
16.1.7 Notwithstanding anything to the contrary contained in This Lease Agreement, the Rental Agent shall under no circumstances whatever, be liable for any indirect or consequential loss/es, howsoever caused or suffered by any of the Occupants.

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16.2 The 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 will be entertained by the Owner or Rental Agent in the event of incidents occurring whilst Occupants or guests are under the influence of alcohol or any drugs, whether therapeutic or not.
16.3 The Occupants are responsible for providing their own comprehensive travel, medical and other insurance, to cover the whole Occupation Period. This insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a booking reservation; emergency evacuation and medical expenses; personal injury, repatriation expenses; damage/theft/loss of personal baggage, money and goods.
17. DOMICILIUMCITANDI ET EXECUTANDI
17.1 The Client appoints as his domicilium citandi et executandi for all purposes, at the Premises during the Occupation Period and otherwise at the address set out in the Booking Form.
17.2 All notices to be given to the Client during the Occupation Period shall be in writing and hand delivered to the Premises and otherwise sent by e-mail at the address set out in the Booking Form.
17.3 All notices to be given to the Rental Agent/Owner relative to the Rental Agreement should be in writing and hand delivered to Rental Agent at the address and number appearing on the Booking Form.
18. APPLICABLE LAW AND JURISDICTION
18.1 This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa.
18.2 The Parties hereby consent and submit to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town in any dispute arising from or in connection with this Agreement.
19. GENERAL
19.1 Whole Agreement
19.1.1 This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on any of the Parties.
19.1.2 This Agreement supersedes and replaces any and all agreements between the Parties (and other persons, as may be applicable) and undertakings given to or on behalf of the Parties (and other persons, as may be applicable) in relation to the subject matter hereof.
19.2 Variations to be in Writing
19.2.1 No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of this Agreement will be of any force or effect unless in writing and signed by the Parties.
19.3 No Indulgences
19.3.1 No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other Parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any Party arising from this Agreement and no single or partial exercise of any right by any Party under this Agreement, shall in any circumstances be

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construed to be an implied consent or election by such Party or operate as a waiver or a novation of or otherwise affect any of the Party's rights in terms of or arising from this Agreement or estop or preclude any such Party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on the part of any Party in exercising any right, power or privilege under this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
19.4 No Waiver or Suspension of Rights
19.4.1 No waiver, suspension or postponement by any Party of any right arising out of or in connection with this Agreement shall be of any force or effect unless in writing and signed by such Party. Any such waiver, suspension or postponement will be effective only in the specific instance and for the purpose given.
19.5 Provisions Severable
19.5.1 All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
19.6 No Assignment
19.6.1 Neither this Agreement nor any part, share or interest herein nor any rights or obligations hereunder may be ceded, delegated or assigned by any Party without the prior signed written consent of the other Parties, save as otherwise provided herein.
19.7 Interest & Costs
19.7.1 Overdue amounts due by the client to the Rental Agent shall bear interest at the prime rate of interest charged from time to time by any authorised banking institution of South Africa, plus 3% (three percentage) points thereon, which rate may be proved by a certificate from any duly authorized official of the said bank, and shall constitute prima facie proof of the contents thereof. Such certificate may be used for the purpose of provisional sentence or summary judgment in any legal proceedings.
19.7.2 A certificate by any duly authorized employee of the Rental Agent or by any of its members shall be prima facie proof as to the outstanding amount due and payable by the Client to it in terms hereof. Such certificate may be used by The Rental Agent for the purposes of provisional sentence or summary judgment in any legal proceedings.
19.7.3 In the event of the Rental Agent incurring any legal costs pursuant to any breach by the Client of any of its obligations, the client shall be liable for and pay the Rental Agent’s costs thereby incurred, on the scale as between attorney and own Client.