Fawcetts I

Important Information

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A refundable breakage deposit of R5000.00 and a non-refundable exit cleaning fee.

Rental and occupation of the premises:-
1.1. The Agent and the Guest agree that, subject to the provisions of this Agreement, the Guest shall occupy the premises for the occupation, which period shall commence on the arrival date and end on the departure date.
1.2. The Agreement between the parties shall come into being once the Guest has paid the deposit and the Agent has confirmed to the Guest that it has received the deposit and that it is happy to allow the Guest occupation of the premises on the terms and conditions contained herein.
2. Cancellations or early termination:-
2.1. In the event that the Agent cancels the Agreement as a result of the Guest’s breach of the Agreement or in the event that the Guest cancels the Agreement for any reason whatsoever after the Guest has paid any amount payable by the Guest in terms of this Agreement, the provisions contained in this clause shall apply.
2.2. The Guest will be allowed to cancel the booking on payment of the following cancellation fees:-
2.2.1. For bookings cancelled more than three (3) months prior to the arrival date, a 10% cancellation fee will be charged.
2.2.2. For bookings cancelled between ninety (90) and sixty (60) days of the arrival date, a cancellation fee of 25% of the rental will be charged.
2.2.3. For bookings cancelled between sixty (60) and thirty (30) days of the arrival date, a cancellation fee of 50% of the rental will be charged.
2.2.4. For bookings cancelled less than thirty (30) days from the arrival date, a cancellation fee of 100% of the rental will be charged.
2.3. Any reduction or waiver of the above cancellation fees will be in the total discretion of the Agent.
2.4. In the event that the Guest should change the reservation dates and such change results in a shorter occupation period, the cancellation fees set out above will apply in respect of the difference in the original occupation period and the shortened occupation period.
2.5. In the event that force majeur renders the premises incapable of occupation, the Agent shall reimburse the Guest a pro rata amount equivalent to the period that the premises were incapable of occupation.
2.6. In the event that the Agent should cancel the reservation or the Guest should cancel the reservation as a result of the Agent’s breach of this Agreement, the Agent shall reimburse the Guest for the period that the Guest did not occupy the premises.
2.7. In the event that the premises, for whatsoever reason, is not capable of occupation by the Guest, resulting in the cancellation of the Agreement, the Guest hereby authorises the Agent to arrange substantially similar alternative accommodation, which accommodation shall be on the same or similar terms as contained in this Agreement for the duration or the remainder of the occupation period.
2.8. The cost of such alternative accommodation shall be paid from the deposit or rental already paid by the Guest. In the event that such cost is higher, the Agent shall obtain the Guest’s agreement to such higher cost and the Guest shall, in such circumstances be liable for the payment of the difference.
2.9. In the event that relocation and alternative accommodation is required as a result of the Agent’s breach of this Agreement, the cost of alternative accommodation shall be limited to the amount of the rental already paid by the Guest.
3. Acceptance of reservation:-
3.1. Notwithstanding anything to the contrary contained herein, the reservation will only be confirmed once the Guest has paid the deposit and the Agent has in writing confirmed to the Guest that the reservation has been accepted.
3.2. In the event that the full rental is not paid by the final rental payment date, the Agent shall be entitled to forthwith cancel the reservation and retain the deposit already paid.
4. Check in times:-
4.1. Check in time for the premises shall be on or after 14h00 on the arrival date.
4.2. Check out time shall be on or before 10h00 on the departure date.
4.3. Any after-hours check in shall incur the additional after-hours charge set out in the Schedule.
5. Refundable breakages and security deposit:-
5.1. The Guest hereby agrees to pay a refundable breakages and security deposit in the sum set out in the booking schedule. This amount must be paid prior to the Guest being granted access to the premises.
5.2. The Guest agrees to sign any documentation required by the Agent in order to freeze the breakage and security deposit. Upon the expiry or earlier termination of the Agreement, the Agent may set off against the amount of the breakage and security deposit any amount owing by the Guest for any reason whatsoever and shall thereafter refund any funds remaining as security.
5.3. Breakages shall be charged at their replacement cost plus all administration costs associated therewith.
5.4. The Guest hereby authorises the Agent to utilise these deposit funds where necessary to cover any breakages or damages to the premises.
5.5. The Guest may not under any circumstances whatsoever set off any amounts owing by the Guest to the Agent against the breakage and security deposit.
5.6. The Agent shall refund the breakage and security deposit or the balance thereof within twenty-one (21) days of the departure date or any earlier termination date.
6. Guests rights and obligations:-
The Guest shall:-
6.1. Allow the Agent, at all reasonable times, to enter the premises to inspect same in order to view the condition and state of repair of the premises.
6.2. Not sub-let the whole or any part of the premises to any third party save with the express written permission of the Agent, which permission the Agent may in its sole and absolute discretion withhold.
6.3. Not make any alterations or additions to the premises.
6.4. Not do or fail to do anything which could damage the premises, or render any insurance policy in respect of the premises void or voidable.
6.5. Refrain from doing anything which is illegal.
6.6. Not cause any noise or other nuisance that would in any way disturb the quiet and peaceful occupation enjoyed by neighbours of the premises.
6.7. If applicable, comply with the rules of any Body Corporate.
6.8. Use the premises including, but not limited to the garden and / or any portion of the land upon which the premises is situated for residential accommodation only.
6.9. Use the parking bay or bays only for the parking of a motor vehicle.
6.10. Pay for all outgoing telephone call charges in respect of the premises with effect from the arrival date.
6.11. Keep and maintain the interior of the premises in good order and condition.
6.12. Make good any damage caused to the premises by either the Guest or any visitors of the Guest.
6.13. Notify the Agent in writing within twenty four (24) hours after the arrival date of any defects in the premises. Should the Guest not notify the Agent of any such damages, the Guest shall be deemed to have acknowledged that the premises were received in good order and condition.
6.14. Notify the Agent within twenty-four (24) hours after the arrival date of the absence of any items on the inventory, failing which the Guest shall be deemed to have acknowledged that the inventory is true, correct and complete.
6.15. Not cede or delegate any of the Guest’s rights or obligations under this Agreement.
6.16. Ensure that refuse does not remain on or outside the premises except in the places provided therefore.
6.17. Not keep any animals or pets on the premises without the Agent’s prior written consent.
6.18. Not make duplicates of any of the keys in respect of the premises.
6.19. On termination on the Agreement, forthwith deliver all keys (including any duplicates of such keys, and remote control units) to the Agent.
6.20. On termination of the Agreement, return and deliver to the Agent the premises in good order and condition (fair wear and tear accepted).
6.21. Bear the cost of any additional services requested by the Guest and provided by the Agent, which services are not catered for in the Agreement.
6.22. Not use the property for any purpose other than standard rental accommodation.
6.23. Advise the Agent, as soon as is reasonably possible, of any intended increase in the number of occupants who are to occupy the premises at any time during the occupation period as well as the duration of their proposed occupancy. The Guest agrees that such additional occupants may not occupy the premises without the prior written consent of the Agent.
6.24. Arrange for any additional and extended rental with the Agent, if required and shall not occupy the premises any longer than the occupation period if it is not possible to arrange such extended accommodation.
6.25. In the event that the Guest is an alien as defined in terms the Alien Control Act 96 of 1991, the Guest warrants that he or she is in possession of a legal permit issued in terms of the said Act, which qualifies him or her to rent the premises. The Guest undertakes to display this permit to the Agent immediately on being requested to do so and indemnifies the Agent against any penalty and / or fine arising from the breach of the Guest’s warranty contained in this clause.
7. Agent’s rights and obligations:-
7.1. The Agent is entitled to terminate any booking or occupancy should the Guest or occupant behave in a manner, which in the Agent’s sole and absolute discretion, is unacceptable or offensive.
7.2. The Agent undertakes to:
7.2.1. Ensure that the premises is let with all the furnishings, fittings, appliances, equipment and amenities represented as being on or forming part of the premises.
7.2.2. Arrange to provide a pool service at such intervals as may be required (if applicable).
7.2.3. Arrange that an adequate change of linen will be available.
7.2.4. Ensure that guest relations staff are available to the
Guest to attend and respond to queries within a reasonable amount of time either in person or telephonically.
7.2.5. Arrange to provide a gardening service at such intervals as may be required (if applicable).
7.2.6. Ensure that the premises shall be made available in a good and clean condition and all fittings, appliances, and amenities shall be in sound and good working order.
7.3. The Agent shall inform the Guest, as soon as reasonably possible, of any facts and / or changes in circumstances which are material to or may affect the Guest’s use and enjoyment of the premises.
8. Jurisdiction:-
8.1. This Agreement shall be interpreted and governed in accordance with the laws of the Republic of South Africa.
8.2. The parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Cape of Good Hope Provincial Division.
8.3. Notwithstanding the provisions of clause 8.2. above, the Guest hereby, in terms of Section 45 of the Magistrate’s Court Act 32 of 1944 (as amended), consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be instituted against him or her in terms of or arising out of this Agreement.
9. Breach:-
9.1. If any party commits a breach of any of the terms and conditions of this Agreement (the Defaulting Party) then the other party (the Aggrieved Party) shall be entitled to give the Defaulting Party twenty-four (24) hours notice to remedy such breach, failing which the Aggrieved Party shall be entitled (but not obliged), without prejudice to any other rights to which the Aggrieved Party may have in law, including the right to claim damages, to cancel the Agreement or alternatively to claim immediate performance and / or payment of all the Defaulting Party’s obligations of this Agreement.
9.2. In the event that the Aggrieved Party institutes action against the Defaulting Party pursuant to the Defaulting Party’s breach of this Agreement, then without prejudice to any other rights that the Aggrieved Party may have, the Aggrieved Party shall be entitled to recover from the Defaulting Party all costs incurred by the Aggrieved Party including legal costs on the scale as between Attorney and own Client, tracing fees and such other amounts as the Aggrieved Party may incur.
10. General:-
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 Agreement cancels and supersedes the terms and conditions of all prior negotiations and agreements between the parties.
10.3. This document contains the entire agreement between the parties relating to the subject matter thereof and no party shall be bound by any undertakings, representations, warranties, promises or similar utterances not reduced to writing and recorded herein.
10.4. No indulgence, leniency or extension of time which any party may grant or show to the other, shall in any way prejudice such party or precluded from exercising any of its rights in the future.
11. Indemnity:-
11.1. The Guest hereby indemnifies the Agent in respect of any claim whatsoever for any loss, damage, claim, theft, accident or injury to the property or person of the Guest or any other person in occupation of the premises pursuant to the provisions of this Agreement or his or her relative or any third party arising out of the occupation of or occurring at the premises during the occupation period or any further period that the Guest or such party is in occupation of the premises.
11.2. The Guest shall not have any claims of whatsoever nature against the Agent for any loss, damage or injury which the Guest may directly or indirectly suffer (whether such loss, damage or injury is caused through the negligence of the Agent or the Agent’s servants or employees) by reason of any latent or patent defects in the premises or fire in the premises or theft from the premises or by reason of the premises or any part thereof being in a defected condition or state of disrepair or any particular repair not being effected by the Agent timeously or at all or arising out of any defect in the water, gas or electricity supply to the premises or arising out of vis major or any other cause, either wholly or partly beyond the Agent’s control or arising from any other cause whatsoever.
11.3. The Guest undertakes to pay the Agent an amount equal to any claim made against the Agent by any one for any loss, damage or injuries suffered in or on the premises in consequence of any act or omission by the Guest or any persons under the Guest’s control. The Guest indemnifies the Agent from any constructional work happening around but not on the premises.
11.4. The Guest hereby accepts liability for all minors and all visitors to the property during the occupation period or any further period during which the Guest is in occupation of the premises.
12. Power failures:-
12.1. The Guest acknowledges that he is aware that periodic power failures or outages may occur during the occupation period.
12.2. The Guest hereby acknowledges that neither he nor any of the occupants of the premises shall have any claim or right of recourse against either the Agent or the owner for any inconvenience, damages or loss that the Guest or any of the occupants may suffer as a result of such power outages.
13. Failure to vacate the premises:-
13.1. The Guest acknowledges that it is a material condition under which he and the Occupants occupy the premises that the premises must be vacated at the end of the occupation period. A failure to do so will result in damages being suffered by the Agent and the owner.
13.2. The Guest hereby acknowledges that he will be liable for any costs, expenses and consequential damages that may result from his failure to vacate the premises at the end of the occupation period, including but not limited to the cost of finding alternative accommodation for guests that have booked for a subsequent period, costs of cleaning and legal fees associated with evicting the guest from the premises.