At a glance summary of how we manage associated booking funds:
• Initial 30% NON-REFUNDABLE DEPOSIT – non-refundable under any circumstances
• 70% BALANCE PAYMENT – 50% of this will be refunded to you should you cancel no less than 2 weeks prior to the agreed date of arrival. The Landlord will retain the full 70% should you cancel less than 2 weeks prior to the agreed date of arrival.
• 30% SECURITY DEPOSIT – once paid this amount will be refunded to you should you cancel at any time.
Please note: 130% of the booking fee will be paid to The Landlord no less than 30 days before the booking commences. The 30% security deposit is refundable as long as the property is left in good order (See clauses 2.5,2.6 and 2.7 for more details).
Full terms and conditions
These are the terms and conditions that will apply to your short-term holiday rental booked through Dav1es Holiday Rentals (“DHR”). It is recorded that DHR is the Landlord’s booking agent only.
Reference in these terms and conditions to the “Landlord” or “its agents” refers to the rental and property management agent of the Landlord from time to time, whose full information is as advised and confirmed by DHR to the Tenant when the booking is confirmed.
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 italicised typesetting. The reason for this is to specifically draw your attention 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 other 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 in to these terms and conditions (by paying the non-refundable 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.
- 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 in the booking form.
1.2 The Tenant may check in from 14h00 on the first day and shall depart by no later than 10h00 on the last day of the booking.
2. PAYMENT, DEPOSITS AND CANCELLATIONS
2.1. The total rental payable for the booking is as per the booking form.
2.2. A deposit equal to 30% of the total rental in 2.1 above (“the booking deposit”) is payable to confirm and to secure the booking.
2.3. The booking deposit shall be non-refundable in the event of cancellation for whatever reason by the Tenant.
2.4. The 70% balance of the total rental payable is due no later than 30 calendar days prior to the commencement of the booking.
2.5. Security and damages deposit:
2.5.1. The Tenant shall, simultaneously with payment of the balance of the total rental (clause 2.4 above), pay an additional amount equal to the amount paid as the booking deposit, i.e. 30% of the total rental payable, but as a security and damages deposit (“the security deposit”);
2.5.2. 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 shall be refunded to the Tenant within 30 days of their departure, subject to the Landlord or its agents inspection and deductions, if any.
2.5.3. The Tenant shall notify the Landlord or its agents within 2 (two) days after the date of arrival of any defects in the property and shall, if the Tenant has not notified the Landlord or its agents as aforesaid, be deemed to have acknowledged that the property was received in good order and condition;
2.5.4. The Landlord or its agent 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 of its contents and/or in respect of any other deductions from the security deposit;
2.5.5. The security deposit shall be refunded in full in the event of any cancellation prior to occupation of the property.
2.6. If the amounts due in terms of clauses 2.4 or 2.5.1 above are not received timeously then the booking shall automatically lapse and the Landlord or its agents will be free to let the property to another Tenant.
2.7. If the Tenant, after securing the booking in accordance with the aforegoing wishes to alter their check-in or check out date or dates then the Tenant shall pay DHR an additional administrative fee of R 500,00 for every instance of any alteration, and which is payable on demand and before any alteration will be confirmed.
2.8. If the booking is cancelled prior to the date of commencement of the booking, then the Tenant shall forfeit 100% of the booking deposit and be liable for a reasonable cancellation penalty. The Tenant shall be repaid the following % of the 70% balance of the total rental amount that was paid for the booking;
2.8.1. 50% of the balance of the total rental amount paid by the Tenant (clause 2.4 above) if the cancellation notice is given less than 30 days but more than 15 days prior to commencement of the booking; OR
2.8.2. 0% of the balance of the total rental amount paid by the Tenant (clause 2.4 above) if the cancellation notice is given 14 or less days prior to commencement of the booking.
2.9. The Tenant hereby acknowledges and agrees that any amount(s) forfeited by them in terms of the provisions of this 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.
- OBLIGATIONS OF THE TENANT
3.1. The Tenant shall:
3.1.1. occupy the property personally, together with their guests and/or family, and only for residential purposes;
3.1.2. keep the property, including the garden and/or pool, clean, habitable, sanitary, and tidy;
3.1.3. 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 or its agents;
3.1.4. pay all amounts due in terms of the Lease free of exchange, deduction or set-off for any reason whatsoever; and
3.1.5. not cause any noise or nuisance which would in any way disturb the quiet and peaceful occupation of his/her neighbors.
3.2. The Tenant shall not:
3.2.1. exceed the number of occupants of the property as is stated in the booking details. Any additional Tenant shall result in the Tenants having to pay an additional amount of R1500,00 per additional person (of any age) per day. Consent for additional Tenants shall be at the sole and absolute discretion of the Landlord or its agents;
3.2.2. bring or allow any pet(s) to or on the property unless by prior written consent of the Landlord or its agents; and/or
3.2.3. make any duplicates of any keys or remotes in respect of the property without the prior written consent of the Landlord or its agents and shall, upon departure, forthwith deliver all keys and remotes to the Landlord or its agents.
4 THE LANDLORD’S OBLIGATIONS
4.1 The Landlord or its agents shall:
4.1.1 ensure that the property is serviced and cleaned prior to the Tenant’s occupation of the property;
4.1.2 (where applicable) provide a domestic worker (maid) cleaning service during the booking period in accordance with the specified days per week as are stated in the online advertisement for the property when the booking is made (excluding weekends or Public Holidays);
4.1.3 ensure that the garden and swimming pool are serviced and cleaned regularly as necessary; and
4.1.4 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 showing prospective tenants or purchasers the property or for any other reasonable purpose provided that they shall exercise its rights in terms hereof with the least possible inconvenience to the Tenant.
4.2 Additional cleaning and related support services are available at the Tenant’s further costs upon specific request (subject to reasonable notice being given).
- INDEMNITY, WAIVER OF LIABILITY AND TRAVEL INSURANCE
5.1. 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 or its agents and/or 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 or 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 its agents and/or employees and/or anyone else.
5.2. You, the person who makes the booking and is / will be accompanied by or visited by any other person, furthermore indemnify the Landlord or its agents and/or employees in respect of such person(s) in relation to any claim against Landlord or its agents and/or employees as described in paragraph 5.1 above.
5.3. The Tenant is solely responsible, at their own cost, to ensure that they secure comprehensive appropriate travel insurance to protect themselves from the risks associated with trip cancellation, trip interruption, delays, medical emergencies and/or evacuation and lost and/or stolen or damaged property.
6 GENERAL TERMS AND CONDITIONS OF THE BOOKING
6.1 All amounts indicated in these terms and conditions are in South African Rands (ZAR) and are inclusive of Value Added Tax (unless stated otherwise).
6.2 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.
6.3 No provision 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.
6.4 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 to pursue any remedy, nor shall any Indulgence constitute a waiver of any other right (whether against that Party or any other person).
6.5 The rights and obligations of the Parties in terms of these 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.
6.6 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 dispute that arises in connection with these terms and conditions.
6.7 In the event of either party having to instruct any 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 costs of counsel.
6.8 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.
6.9 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 or the agreement; and the remainder of these terms and conditions will remain in full force and effect.
