Penrith 204

Important Information

Ocean & Marina apartments: Short-term holiday rental booking terms & Conditions:

These are the terms and conditions that will apply to your short-term holiday rental booked through Ocean & Marina apartments (OMA). It is recorded that OMA is the Landlord’s booking & Management agent.

IMPORTANT CONSUMER PROTECTION ACT NOTICE
In complying with the consumer protection Act, certain portions of the agreement have been highlighted to you by using bold typesetting. The reason for this is to these clauses as they:
a) Limit in some way the risk or liability of the landlord or any other person.
b) Constitute an assumption of risk or liability by the tenant.
c) Impose an obligation on the tenant to indemnify the landlord or any person for some cause; or
d) are an acknowledgement of a fact by the tenant.

The tenant is required to ensure that before confirming their booking they have had an adequate opportunity to understand these highlighted terms. If the tenant does not understand these terms or if the tenant does not appreciate their effect, the tenant is required to ask for an explanation and must not enter into these terms and conditions (by paying the booking deposit referred to in 2.2 below which constitutes confirmation of the booking) until any such term has been explained to the tenant’s satisfaction.

1. Period check – in and departure:
1.1. The rental of the property is for the number of days, commencing on the dates and ending on the dates indicated on the booking form.
1.2. The tenant may check in from 14h00 on the first day and shall depart no later than 10h30 on the last day of the booking.

2. Payment and deposit.
2.1. The total rental payable for the booking is as per the booking form.
2.2. A deposit equal to 50% of the total rental in 2.1 above (“the deposit”) is payable within 48 hours to confirm and secure the booking.
2.3. An amount equal to 100% of the amount in 2.1 as well as the damage deposit (stated on the booking form) is payable no later than 14 calendar days prior to the commencement of the booking, which amount is made up as follows:
2.3.1. The balance of the 50% in respect to the total rental payable; and
2.3.2. A further security and damages deposit in an amount equal to R2000.00 (‘The security deposit”). The security deposit shall be refunded in the full in the event of any cancellation prior to occupying the property. For any reason
2.4. If the amount due in 2.3 above are not received timeously then the booking shall automatically lapse, and the landlord will be free to let the property to another tenant.
2.5. The security deposit is held to cover the costs to repair any damages to the property and/or the replacement of any of its contents and to pay any fines received form Marina estate homeowner’s association (MRHOA) during the occupation period (tenant will be made aware of rules at check-in or an excerpt is available at request). Deposit shall be refunded to the tenant within 14 days of their departure, subject to the landlord inspection and deductions.
2.6. The tenant shall notify the landlord within 2 (two) days after the days of arrival of any defects in the property and shall, if the tenant has not notified the landlord as aforesaid, be deemed to have acknowledged that the property was received in good order and condition.

2.7. The landlord shall provide documentary proof to the tenant in respect of the actual costs incurred to repair any damages to the property and/or in respect of the replacement of any contents and/or in respect of any other deductions from the security deposit.

3. Cancellation policy:
3.1. If cancelling 14 days before arrival, forfeit 100% of the booking total.
3.2. If cancelling 21 days before arrival, forfeit 50% of the booking total.
3.3. If cancelling 30 days before arrival, forfeit 25% of the booking total.
3.4. The tenant hereby acknowledges and agrees that any amount(s) forfeited by them in terms of the provisions of clause 2 are reasonable considering the nature of the service provided, and the lengths provided for notice of cancellation, the reasonable prospects of the landlord or its agents to secure a replacement tenant and the general practice of the industry.

4. Obligations of the tenant.
4.1. The tenant shall:
4.1.1. Occupy the property personally, together with their guests and/or family, and only for the residential purposes.
4.1.2. Keep the property clean, habitable, sanitary, and tidy.
4.1.3. Not cede or assign the lease agreement in whole or in part or to sublet the property to any other person without the written consent of the landlord.
4.1.4. Pay all amounts due in terms of the lease free of exchange, deduction or set-off for any reason whatsoever.
4.1.5. Adhere to all MRHOA rules on the estate as per the attached document.
4.1.6. Not cause any noise or nuisance which would in any way disturb the quiet and peaceful occupation of his/her neighbours.
4.2. The tenant shall not:
4.2.1. Exceed the number of occupants of the property as is stated in the booking details. Any additional tenant shall result in the tenant having to pay an additional amount of R1500.00 per additional person per day. Consent for additional tenant shall be at the sole and absolute discretion of the landlord.
4.2.2. Bring or allow any pet(s) to or on the property without prior written of the landlord.
4.2.3. Make any duplicates of any keys or remotes in respect of the property without prior written consent of the landlord, upon departure, forthwith deliver kyes and remotes to the landlord.

5. The landlords’ obligations
5.1. The landlord shall:
5.1.1. Ensure the property is serviced and cleaned prior to the tenant’s occupation of the property.
5.1.2. (Where applicable) provide a domestic worker (Maid) cleaning service during the booking period in accordance with the specific days per week are stated in the online advertisement for the property when the booking is made (Excluding public holidays or weekends)
5.1.3. Ensure that the garden is serviced and cleaned regularly as necessary; and
5.1.4. At any time, upon at least 24 hours’ notice to the tenant, have reasonable access to the property for the purpose of inspecting the property or for the showing prospective tenants or purchasers the property or for any other reasonable purpose provide that they shall exercise its rights in terms hereof with the least possible inconvenience to the tenant.
5.2. Additional cleaning and related support services are available at the tenants’
5.3. further costs upon specific request (subject to reasonable notice being given).


6. Indemnity, waiver of liability and travel insurance.
6.1. Every reasonable precaution is taken to ensure your enjoyment, comfort and especially safety during your booking. However, you acknowledge and agree that there may be risks associated with your stay and by confirming your booking you specifically agree that you indemnify and hold harmless the landlord and/or its employees against any claims, damages, liability or responsibility for any harm, injury, damages or loss to yourself or any person, including to property, including any loss of support or earnings (Both past and future) of whatsoever nature and howsoever arising from or connected with your booking and whether or not such claims are caused by any act or omission, negligent or otherwise, of landlord or/and its employees and/or anyone else.
6.2. You, the person who makes the booking and is/will be accompanied by or visited by any other person, furthermore, indemnify the landlord and/or employees in respect of such person(s) in relation to any claim against the landlord and/or its employees as described in paragraph 6.1 above.
6.3. The tenant is solely responsible, at their own cost, to ensure that they secure comprehensive appropriate travel insurance to protect themselves from risks associated with trip cancellation, trip interruption, delays, medical emergencies and/or evacuation and lost and/or stolen or damaged property.

7. General terms and conditions of the booking:
7.1. All amounts indicated in these terms and conditions are in South African rands (ZAR) and are inclusive of Value-Added tax ( unless stated otherwise).
7.2. These terms and conditions supersede all prior agreements, representations, communications, negotiations, and understandings between the parties concerning the subject matter of these terms and conditions.
7.3. No provisions of these terms and conditions may be amended, substituted, or otherwise varied, and no provision may be added to or incorporated in these terms and conditions, except by an agreement in writing signed by the parties.
7.4. Any relaxation, indulgence or delay (collectively referred to as indulgence) by either party in exercising, or any failure by either party to exercise, any right under these terms and conditions shall not be construed as a waiver of that right and shall not affect the ability of that party subsequently to exercise that right or pursue any remedy, nor shall any indulgence constitute a waiver of any other right (Whether against party or any other person).
7.5. The rights and obligations of the parties in terms and conditions shall be personal and incapable of being ceded, assigned, or delegated by either of them to any other person save with the written consent of the other party.
7.6. The validity, interpretation and performance of these terms and conditions will be governed by the law of the Republic of South Africa. The parties agree to be bound solely to jurisdiction of the courts of the Republic of South Africa in respect of any disputes that arises in connection with these terms and conditions.
7.7. In the event of either party having to instruct attorney to enforce any of its rights in terms of these terms and conditions, the successful party in such circumstance shall be entitled to recover from the other party its full attorney and own client legal costs, including tracing fees and/or the cost of counsel.
7.8. Unless specifically otherwise provided, the number of days indicated to commit an act or indicated for any other purpose, is calculated by excluding the first day and including the last day.
7.9. If any provision of these terms and conditions is found to be wholly or partly invalid, unenforceable or unlawful, then to the extent of its invalidity, unenforceability or unlawfulness such provision will be severable from the remainder of the agreement; and the remainder of these terms and conditions will remain in full force and effect