Hely Horizon

Important Information

Hely Horizon

38 Hely Hutchinson Road Camps Bay Cape Town South Africa

TERMS AND CONDITIONS



IMPORTANT: These Booking Conditions set out the Terms of Contract with us so please study them carefully. Your contract is with a South African company trading as Hely Horizon herein represented by its agent SeaSky Villa Management (both hereinafter referred to as Hely Horizon).


1. MAKING A BOOKING AND DEPOSIT
To make a booking, we require 50% of the total property rental cost. No contract exists between us until we have received this amount plus your signed and completed Booking Contract.

There is a minimum stay policy of three (3) nights during the year and seven (7) nights in the December-January peak period.


2. PAYMENT OF BALANCE
The remaining balance must be paid by the due date, which is at least four (4) weeks before your arrival. If the balance has not been paid by the required date, we shall be entitled to cancel your booking and retain the full deposit. If your booking is only made within four (4) weeks of your arrival, you will be required to pay the full rental payment at the time of the booking unless otherwise agreed and indicated by us.


3. SECURITY DEPOSIT
We require a security or breakage deposit; the amount and payment process will be confirmed during the booking process.

The security deposit will be held against the cost of any damage to the property or its contents, and any breakages or loss of keys and remote controls for any damages or loss of household contents you might incur during your stay.


4 CLEANING SERVICE
Cleaning is included in the rental rate and available from Monday to Saturday (except public holidays) with five (5) days of obligatory service. Any cleaning requests in addition to these five (5) days would require at least 24-hour notice to arrange. Sunday and public holidays are by prior arrangement only and at an additional charge.

The cleaning service does not extend to personal laundry and cooking. Should this be required, this is at your own risk, and please arrange directly with the housekeeper at an agreed rate.


5 OTHER SERVICES INCLUDED IN RENTAL COST
The rental cost includes electricity and water consumption, council rates and levies, satellite TV, uncapped fibre internet, pool cleaning and garden service.

Linen, bath towels and beach towels, hairdryers, shampoo, hair conditioner and liquid bath soaps are provided.


6 ARRIVAL AND DEPARTURE TIMES
Check in time is at 2pm on the day of arrival and check out time is at 10am on the day of departure. We will try to accommodate any reasonable request for an early check-in or late departure, but this cannot be guaranteed should previous guests be leaving the day you arrive, or new guests arriving the day you depart. Management may ask you for an additional fee payment to secure your early arrival or late departure that might entail having to bring in extra staff to prepare the house. If this is important to you, please request this prior to booking.

There will be an extra late arrival and early departure fee should your arrival be after 7pm and your departure before 7am – this payable, in cash, to the person who will be checking you into the property.


7. CANCELLATION BY YOU
If you wish to cancel the booking, the person who signed the Booking Agreement must do so by notifying us in writing via email at least 2 weeks before arrival.
You have two options regarding a cancellation:

Option 1: Refund
1. 10% of the total booking value will be retained.
2. If cancellation notification is received less than 2 weeks before arrival, there will be no refund.
3. Refund will be done via the same payment channel is has been received


Option 2: Using the funds paid towards a future booking
1. Only one amendment to travel dates may be made.
2. The next arrival date may not exceed to original arrival date by more than one year.
3. All monies paid towards the original booking will be used to pay towards the next booking total cost.
4. All future dates will be subject to availability.
5. You may also move the booking to any other SeaSky Villa.
6. If cancellation notification is received less than 5 days before arrival this option is no longer available.


Extreme circumstances will be considered.

8. ALTERATIONS AND CANCELLATIONS BY US
It is very unlikely that we will have to make any changes to arrangements once these have been confirmed. If this does happen, we will let you know as soon as possible. If, for any reason we are unable to provide you with the property you have booked, we will cancel the booking, refund the full amount paid to us for the property and we will work diligently, and at no cost to you, to assist in finding a reasonably similar property as substitute.

Regardless of whether a substitution property is found, we will not be liable for cancellation charges for travel arrangements or any further claims by you or anyone else in your party.

For the avoidance of doubt, in no event whatsoever and regardless of cause, shall the Agent or the Owner(s) of Hely Horizon, or any other party associated with this rental transaction, have any liability for any cause whatsoever more than the amount that has been paid by renter under this booking agreement except as otherwise specifically required by Law.


9. WATER AND ELECTRICITY (LOADSHEDDING) RESTRICTIONS
There may be water restrictions in place during your stay, we ask that you adhere to these restrictions. You will find more information on how to do it inside the property.
We also ask you to assist us in adhering to these water restrictions as our guests.

In recent years, from time to time, South Africa has experienced electricity supply interruptions (referred to as Load Shedding). It occurs when the supply from the national grid is placed under strain. When this happens, the national electricity provider typically switches off all electrical supply (remotely) for a short period of time. If this happens, it occurs according to a published schedule. Typically, the electrical supply is off for no longer than 150 minutes at a time, but this is not guaranteed.
Unfortunately, this is not something we can control, and we ask that you keep all your electronics fully charged and bring some extra batteries with you.

Please note that we will not issue any refunds due to these possible inconveniences nor do we accept any responsibility for damage to any electronic equipment, suffered because of such load shedding.


10. CHILDREN
Unfortunately, this property is not child friendly and the issues of concern for guests with younger children are steep drops from the top patio, an open staircase across 2 levels with handrails and balustrades and an unfenced pool without pool cover. Guests staying with children do so at their own risk and are urged to take all due care and attention during their stay. We do not accept any responsibility for any injuries suffered on this property.


11. SWIMMING POOL
The pool is to be used at your own risk. We do not accept any responsibility for any injuries or death suffered in or around the swimming pool. It is not supervised nor equipped with safety net or a fence. It is not heated so is only suitable for summer swimming. The pool cover does have solar panels in that automatically heats the pool during sunny days This pool is cleaned every second week and while we will endeavour to arrange additional cleaning service if required during your stay (excluding weekends and public holidays) we cannot always guarantee that the pool will remain completely clean during periods of extreme weather conditions.

This pool may not be in use during extreme drought conditions.


12. TELEPHONE AND INTERNET SERVICES
The wireless internet facility is free and uncapped / unlimited. It is at the fastest speed we currently have available in South Africa and may seem slow to you coming from a more first world country.


13. STAIRS
Please note that there are 2levels inside the house with stairs leading between.


14. GARDEN
Please do not disturb nor water the pot plants on the patios or the front enclosed area of the villa



15. MAXIMUM NUMBER OF GUESTS
Only those persons named on the Booking Contract may use the property and under no circumstance may the total number of people sleeping on the property exceed the maximum number stipulated in the Booking Contract. We are entitled to request you and your party to vacate the property if this rule is not complied with.


16. BEHAVIOUR and NOISE
The person who signs the Booking Contract is responsible for the behaviour of everyone using the rental property during the rental period. If anyone in your party or any guest or invitee behaves in an unacceptable manner by any civilised standard, the entire party may be required by us to vacate the property without further notice. It is not considered acceptable behaviour to make excessive noise including playing music and such behaviour will not be tolerated as this property is in a quiet residential area.


17. OCCUPATION AGREEMENT
Each person staying at the villa will be required to sign our occupation agreement, clearly outlining behaviour we do not allow at the villa. This document needs to be completed and signed digitally before arriving at the villa and before keys will be handed over.

Take note that each of the occupants are required individually to consent to the restrictions and rights of Hely Horizon and its appointed agents therein. If any of your guests refuse or fail to complete and consent to signing the individual agreements, such guests will not be allowed occupation of the premises. A copy of the standard agreement that each guest is required to agree to, is attached hereto. As the client and main occupant, you accept these conditions of occupancy and indemnify Hely Horizon in respect of all claims in respect thereof, if any.


18. SMOKING
This is a non-smoking property, and you are kindly requested to refrain from smoking inside the rented premises. Ashtrays are provided for outside use so please do not litter the garden with cigarette butts.

Should you decide to smoke inside, your breakage deposit will cover all charges for the air/furniture cleansing company. Should we not have had enough time to clean this before the next arrival, you will also be charged for any refunds we have to give the next guests to ease their discomfort


19. RESPONSIBILITIES
It is your responsibility, and that of each of the persons named on the Booking Contract:
(a) to pay for any losses or damages to the property or premises, however caused (reasonable wear and tear excluded)
(b) to take good care of the property and leave it in a clean and tidy condition at the end of the rental period
(c) to permit the property manager reasonable access to the property
(d) not to part with any possession of the property, or share it, anyone other than with members named on the Booking Contract and
(e) not to cause an annoyance or become a nuisance to occupant of adjoining premises.
(f) to ensure that each person staying on the property or any guest or visitors visiting the property during your stay, adhere to all Municipal bylaws.


NB: It is the responsibility of the person named on the Booking Contract to ensure that the alarm is set, and all exteriors doors and windows are closed every time the property is left unoccupied or when retiring for the night. Should there be a burglary and the alarm are not set, you will be held responsible for all replacement and repair costs.

Due to the possibility of high velocity winds and unexpected rain, it is imperative that the glass doors and windows are secured properly when retiring or when leaving the premises as well as any outdoor cushions that must be stored inside. They tend to fly away in the wind, and you will be held responsible if they are blown away.


20. PROPERTY DESCRIPTIONS
The property descriptions used on our web site or otherwise provided to you are made in good faith and are believed to be an accurate presentation.


21. COMPLAINTS AND PROBLEMS DURING YOUR STAY
If you have any complaints and problems during your stay, please let us know as soon as possible so that they can be remedied. However, we are not responsible for issues out of our control such as failure of the water supply, electricity, telephone and internet services, pool filtration, or any of the appliances. We also do not have control over building works on neighbouring villas nor are we told before the time of intention to build. We will do our best to resolve any problems as soon as possible once notified of them. We must stress the importance of bringing complaints or problems to our attention as soon as possible during your stay as we cannot be expected to help if you only notify us following your departure.

If you vacate the property without our notification during the rental period, you will lose any rights you might otherwise have had to compensation.
You shall have no claim for damages against Hely Horizon and may not withhold or delay any payment due to Hely Horizon by reason directly or indirectly of
1. a breach by Hely Horizon or any of his agents of any of its obligations under this agreement.
2. any act or omission of Hely Horizon or any agent or servant of or contractor to Hely Horizon, whether negligent, or otherwise actionable at law, and including (without limiting the generality of the foregoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire.
3. the condition or state of repair at any time of the Property, the Building, or any part of the Property or the Building.
4. any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Premises, the Building, or the Property (including, without generality being limited, any cleaning service), whatever the cause.
5. any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation, or system situated in or on, or serving, the Property, the Building, or the Premises, and including (but without limiting the generality of the foregoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause.
6. any interruption of or interference with the enjoyment or beneficial occupation of the Premises or any of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether carried out by Hely Horizon or by anybody else; or
7. any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property, the Building, or the Premises, whether Hely Horizon could otherwise have been held liable for such occurrence or failure,
and you indemnify Hely Horizon against all liability to members of your household, your servants, guests, and other invitees, and all other persons who may occupy or be entitled to occupy the Premises or any parts thereof through or under you.
Hely Horizon shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford you occupation and enjoyment of the Premises and the Furniture and contents as contemplated by this agreement and to carry out such maintenance and repairs as are incumbent upon Hely Horizon in terms hereof.


22. BREACH OF CONTRACT
If any one of these conditions is breached by any of the persons named on the Booking Contract or any of the guests or invitees, we reserve the right to enter the property and terminate the rental agreement with immediate effect.


23. LIABILITY
We do not accept liability for any act, neglect or default for any accident, damage, loss, injury, expense, or inconvenience, whether to person or property, which any of the persons named on the Booking Contract or any of their guests or invitees may suffer or incur arising out of, or in any way connected with, the property rental.


24. INSURANCE
All guests are strongly advised to arrange comprehensive insurance against travel and other related risks as any loss or damage including theft of personal items cannot be claimed against the property insurance. It is the responsibility of the persons named on the Booking Contract and those accompanying them to fully insure their personal items and to keep the property secured by setting any alarm and securing all doors, windows and gates when going out.


25. AUTHORITY TO SIGN
The person who completes the Booking Contract certifies that
(a) he or she is authorised to agree to these conditions on behalf of all persons named on the Booking Contract, including those submitted later
(b) the signatory is over eighteen years of age and a member of the party intending to occupy the property and
(c) he or she takes full responsibility for any persons occupying the property during the booking period.


26. GOVERNING LAW AND JURISDICTION
South African law shall govern the validity, construction, and performance of these conditions. It is agreed between us, and the person named on the Booking Contract, that any dispute shall be subject to the exclusive jurisdiction of the South African Courts.





SIGNED at ………………….…………….... on the ……… day of ………….…………. 20…….



FULL NAME ……………………………………………………………………………….…………….


ID or PASSPORT NUMBER ……………………………………………………………………………..



SIGNATURE ……………………………………………………………………………….……………


Please note we will take a photographic copy of your passport or ID on arrival.


OCCUPATION AGREEMENT

Villa (hereinafter referred to as “the property)


Name of property: ______________________________________


Address of property: _________________________________________________



Date of occupation

Arrival date: _______________________________

Departure date: _______________________________


Whereas the guest acknowledges that he-she is herewith granted occupation of the property by virtue of the short-term rental agreement between the owner of the property and


____________________________________________________ (the client)

(hereinafter referred to as “the client”), the guest similarly agrees to the following terms and conditions of his/her occupancy of the property in favour of the owner of the property: -


1. That the property is a private residence in a quiet family suburb with strict Municipal Bylaws always applying to the conduct of residents within the property and that no noise or disturbance of the neighbourhood at any time of the day or night is allowed, nor any criminal conduct of any nature whatsoever. This includes but is not limited to noise from vehicles in the road, shouting in the street and from the property, as well as music (especially BASE sounds) loud enough to be heard by neighbours.

2. That I may not invite nor allow any guests, not forming part of the client’s authorised list of attendees, onto the property during the evening curfew period from midnight to 4 am, or as amended by the South African government at the time of your stay.

3. That I may not consume, nor allow any guest of mine to consume, any illegal drugs or excessive amounts of alcohol on the property. I herewith grant my personal permission for the Landlord to authorise an inspection at the property to be conducted by the Landlord’s appointed security company at any given time during my stay at the property in the event of any reasonable suspicion that I am contravening the terms of my stay as set out herein.

4. That the property may only, and exclusively, be used for accommodation purposes and no event or party is allowed on the property without prior written agreement from SeaSky Villa Management. This includes but is not limited to the hiring of a private chef, event planners, DJ, musicians, and entertainers.

5. That no smoking is allowed inside the property and that I will be liable for the cost of clearing the air and soft furnishings after departure should smoking take place inside the property during my stay.

6. That I will depart the property not later than 10am on the day of departure stated above, unless prior arrangements have been made with SeaSky Villa Management.

7. That my temperature will be taken on arrival and that access to the property will not be allowed in case of an abnormal temperature. I also understand that my temperature reading, and all my contact details will be reported to the closest Covid-19 centre if I have a high temperature.

8. That a private security company appointed by the Landlord may be patrolling the grounds during my stay.

9. I acknowledge that if I commit any criminal offence or break any of the terms and conditions of my stay as set out herein, that I may be evicted from the property summarily and with immediate effect.

10. That no lease agreement has come into effect between me and the owner of the property, that I shall have no right whatsoever, to remain on in the property after the period the property has been rented for by the client, expires, that the owner of the property may immediately seek my eviction from the property and that I will be held personally liable for all legal costs incurred by the owner of the property in such event, on a scale between attorney and client.

11. That I will need to show my ID or passport to the property manager on arrival before access will be given

12. That I need to send proof of South African residence to the property manager upon signature of this document / or in the case of a foreign visiting guest, to send proof of returning plane ticket.


Guest signatures:



1. Full Name: _________________________ Email: __________________


Signature: _________________________