Skye Haven

Important Information

Conduct Agreement
IMPORTANT: These Booking Conditions set out the Terms of the Conduct Agreement regarding your stay with us, so please study them carefully.
1. THE VILLA:
Villa Skye Haven for the period:
Arriving ___________________
Departing ________________
Estimated Arrival time _____________
Villa address 34 Edward Road, Hout Bay, Cape Town
2. IDENTITY DOCUMENTS
A copy of the ID or passport for each guest will be emailed to [email protected] prior to arrival.
3. CONFIRMING A BOOKING
To confirm a booking, we require 50% of the total property rental cost.
No booking agreement exists between us until we have received this amount plus the signing of this agreement.
There is a minimum stay policy of three (3) nights during the year and seven (7) nights in the December-January peak period.
4. 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.
5. SECURITY DEPOSIT
We require a security or breakage deposit of R 30,000 paid 10 (ten)days before arrival. The full amount (less the cost for any damages/breakages) will be refunded again 3 days after departure the amount and payment process will be confirmed during the booking process.
Please note that an additional 10% admin fee will be charged in addition to the cost of the repairs or replacements.
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.
6. CLEANING SERVICE
Cleaning is included in the stay from Monday to Friday 9 am to 4 pm. Weekends 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.
7. OTHER SERVICES INCLUDED IN RENTAL COST
The rental cost includes electricity and water consumption, council rates and levies, satellite TV, capped fibre internet, pool cleaning and garden service.
Linen, bath towels and beach towels, hairdryers, shampoo, hair conditioner and liquid bath soaps are provided.
8. 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. Management may ask you for an additional fee payment to secure your early arrival or late departure. 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 or departure time be between 7 pm and 7 am – this is payable, in cash, to the person who will be checking you into the property.
9. CANCELLATION BY YOU
If you wish to cancel the booking, any of the guests who signed this agreement must do so by notifying us in writing via email.
You have two options regarding a cancellation:
Option 1: Refund
• An admin fee of 15% of the total booking value will be retained.
• If cancellation notification is received less than 2 weeks before arrival, there will be no refund.
• Refund will be done via the same payment channel it has been received.
Option 2: Using the funds paid towards a future booking.
• Only one amendment to travel dates may be made.
• The next arrival date may not exceed the original arrival date by more than one year.
• All monies paid towards the original booking will be used to pay towards the next booking's total cost.
• The value of the future booking may not be less than the value of the first booking.
• All future dates will be subject to availability.
• You may also move the booking to any other SeaSky Villa.
• If cancellation notification is received less than 5 days before arrival this option is no longer available.
10. 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 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 this property, 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.
11. 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.
Load shedding or power outages are implemented when the demand for electricity in South Africa exceeds the available supply. The schedule for loadshedding works in stages, which can change frequently depending on the system load and each stage has different time slots. Load shedding usually lasts for about 2.5 hours but may vary depending on the stage (during the higher stages, some slots might be four hours long).
To keep track of the loadshedding schedule and receive updates, please download the Eskomsepush (ESP) app - https://esp.info. Once you have downloaded the app, you can use the following link to get notifications for the area where you will be staying - https://esp.info/area?id=capetown-7 Choose Camps Bay zone 7.
Even though this villa does have backup power, we do recommend the practical use of power during load shedding to conserve the battery life, especially if the power outage is going to be for longer than two ½ hours. Appliances such as heaters, clothes dryers, ovens, vacuum, iron, hairdryer etc. will rapidly deplete the batteries.
Selected lights, selected plugs and the WiFi will work during load shedding and the following appliances are not connected to the backup batteries:
• Oven, however, there is a gas hob for cooking.
• Air Conditioner
• Geyser. If you should use all the hot water in the geyser just before or during loadshedding, it will take approximately 2 hours for the water to heat up again once the power comes back on.
Unfortunately, load shedding 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.
12. CHILDREN
This property is not child-friendly and the issues of concern for guests with younger children are steep drops from the patios and an unfenced pool without pool cover. (a pool fence can be arranged on request).
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.
13. SWIMMING POOL
The pool is to be used at your own risk. We do not accept any responsibility for any injuries or deaths suffered in or around the swimming pool. It is not supervised nor equipped with a safety net or a fence. It is not heated so is only suitable for summer swimming. 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.
A pool fence can be arranged on request - please discuss this with management.
This pool may not be in use during extreme drought conditions.
14. TELEPHONE AND INTERNET SERVICES
The wireless internet facility is free and capped at 180 gigs per month. More can be purchased should this not be enough. 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.
15. STAIRS
Please note that the house is on three levels with stairs leading between them. The main living room, TV room, kitchen and dining room, pool and study (en-suite) is on the lower level with 2 bedrooms en-suite on the middle level and 3 bedrooms on the upper level.
16. EXTERNAL CONTRACTORS
We make use of the services of professional pool cleaners as well as a garden service. They have a regular visit routine, and the housekeeper or management company will be able to give you details of the days they are due.
These services are in place to make sure the property stays in the good condition our guests have come to appreciate and return to for their holiday. The days for service are all pre-arranged and cannot be changed.
Should you refuse them access, they will charge us a cancellation fee, and we will therefore deduct this from your breakage deposit. Your co-operation is therefore much appreciated.
17. MAXIMUM NUMBER OF GUESTS
Only those persons who signed this agreement may use the property and under no circumstance may the total number of people sleeping on the property exceed the maximum number stipulated in this agreement. We are entitled to request you and your party to vacate the property if this rule is not complied with.
18. BEHAVIOUR and NOISE
• 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 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.
• You may not consume, nor allow any guest of yours to consume, any illegal drugs or excessive amounts of alcohol on the property. You herewith grant your personal permission for SeaSky Villa Management to authorise an inspection at the property, either in person or by an appointed security company, at any given time during your stay at the property, in the event of any reasonable suspicion that you are contravening the terms of your stay.
• 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.
• Please note that Hookah pipes are strictly prohibited, both inside and outside the property.
• Should you decide to smoke inside the property, your breakage deposit will cover all charges for the air/furniture cleansing company as well as any burn marks on furniture or floor coverings. Should we not have had enough time to attend to this before the next arrival, you will also be charged for any refunds we have to give the next guests to ease their discomfort.
• 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 event planners, DJ, musicians, and entertainers.
• Please contact us should you wish to hire a private chef, as only recommended or pre-approved chefs may be used in our villas.
• A private security company appointed by SeaSky Villa Management may be patrolling the grounds during my stay. If the reason for this is due to excessive noise and bad behaviour, you will be responsible for the costs thereof.
19. RESPONSIBILITIES
It is your responsibility and that of each of the guests who signed this agreement.
• to pay for any losses or damages to the property or premises, however, caused (reasonable wear and tear excluded)
• to take good care of the property and leave it in a clean and tidy condition at the end of the rental period.
• to permit the property manager reasonable access to the property
• not to part with any possession of the property, or share it, with anyone other than with guests who signed this agreement and
• not to annoy or become a nuisance to occupants of adjoining premises as outlined in paragraph 14 above.
• 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 who signed this agreement to ensure that the alarm is set, and all exterior 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 is not set, you will be held responsible for all replacement and repair costs.
Due to the possibility of high-velocity winds and unexpected rain in Cape Town, the glass doors and windows must be 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 website 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 or 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.
22. DISCLAIMER
You shall have no claim for damages against the owner or the villa management company and may not withhold or delay any payment due to the owner or the villa management company, by reason directly or indirectly of
• a breach by the owner or the villa management company of any of its obligations under this agreement.
• any act or omission of the owner or the villa management company or servant of or contractor to the owner or the villa management company, 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.
• the condition or state of repair at any time of the Property, the Building, or any part of the Property or the Building.
• 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.
• 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.
• 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 the owner or the villa management company or by anybody else; or
• any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property, the Building, or the Premises, whether the owner or the villa management company could otherwise have been held liable for such occurrence or failure,
• and you indemnify the owner or the villa management company 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.
• the owner or the villa management company 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 the owner or the villa management company in terms hereof.
23. BREACH OF CONTRACT / EVICTION
If any one of these conditions is breached by any of the persons named on this agreement or any of the guests or invitees, we reserve the right to enter the property and terminate the agreement with immediate effect.
This includes immediate eviction.
Should immediate eviction not be possible due to time of day (or any other reason) – we will employ security guards to ensure all the rules agreed to in this agreement are adhered to until the following day, whereafter full eviction will be initiated. The cost of these guards will be for your account and will be deducted off your breakage/security deposit.
There will be no refund of rental monies in case of eviction.
24. PETS AND ANIMALS
Please note that no pets or animals are allowed at the property at any time. Any breach of this clause will result in immediate cancellation of your booking without refund, and the cost for all furniture/carpets to be professionally cleaned, and the property fumigated will be deducted from your breakage deposit, along with any additional damages including the garden and outdoor areas.
25. 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 this agreement or any of their guests or invitees may suffer or incur arising out of, or in any way connected with the property rental.
26. 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 guests named on the Agreement 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.
27. AUTHORITY TO SIGN
All persons who sign this agreement certify that,
• he or she is authorised to agree to these conditions.
• the signatory is over eighteen years of age and a member of the party intending to occupy the property and,
• he or she takes full responsibility for any persons occupying the property during the booking period.
28. NO LEASE AGREEMENT
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.
29. GOVERNING LAW AND JURISDICTION
South African law shall govern the validity, construction, and performance of these conditions. It is agreed between us, and the persons named on this agreement, that any dispute shall be subject to the exclusive jurisdiction of the South African Courts.
I, the undersigned, hereby acknowledge that if I commit any criminal offence or break any of the terms and conditions of my stay as set out in this agreement, that I may be evicted from the property summarily and with immediate effect.
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