Tenant Terms and Conditions

1.    DEFINITIONS
In this document the following words shall have the following meanings:
1.1    “Agreement” - means these terms and conditions together with the Booking Form; 
1.2    “Arrival Date” - means the date of arrival of the Client as indicated on the relevant Booking Form;
1.3    “Booking Form” - means the written form setting out amongst other things the details of the Client, the Premises, and the Rental Costs, which once signed shall form part of these terms and conditions;
1.4    “Building” – means the building in which the Premises are situated if applicable;
1.5    “Client” - means the person / s named on the Booking Form;
1.6    “Departure Date” –means the date of departure of the Client as indicated on the relevant Booking Form;
1.7    “Deposit” - means 50% of the Rental Cost;
1.8    “Day (s)” - means calendar day(s);
1.9    “Lease Period” means the period commencing on the Arrival Date and terminating on the Departure Date as set out in the Booking Form;
1.10    “Owner” – means the Owner of the Premises;
1.11    “Parties” - means collectively the Rental Agent and the Client, or either of them as the context may indicate;
1.12    “Premises” – means the apartment or villa as indicated on the Booking Form or as designated by the Rental Agent;
1.13    “Rental Cost” – means the amount due to the Rental Agent by the Client for the lease of the Premises as set out in the relevant Booking Form;
1.14    “Signature Date” – means the date of signature of the Booking Form.
1.15    “Rental Agent” – the Company/Close Corporation named on the Booking Form;
1.16    When any number of days is prescribed, such number shall exclude the first and include the last day unless the last day falls on a Saturday, Sunday or Mauritian public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
2.    INTRODUCTION
The Rental Agent in its capacity as duly authorized agent for and on behalf of the Owner hereby lets the Premises to the Client which hires the Premises from the Rental Agent on the terms and conditions set out herein.
3.    BOOKING PROCEDURE
3.1    Upon receipt of a request for a booking of the Premises by the Client, the Rental Agent will issue a Booking Form to the Client which when completed and signed shall be returned together with payment of the Deposit to the Rental Agent.
3.2    Upon receipt of the signed Booking Form together with the required Deposit, the booking will be confirmed.
3.3    Bookings will automatically be cancelled if the Rental Agent has not received the signed Booking Form, together with the required Deposit, within 14 Business Days from the date the Booking Form was sent to the Client.
4.    SECURITY DEPOSIT
4.1    In addition to the Rental Costs, a security deposit in the form of a credit card authorization is required in the amount as set out in the relevant Booking Form. The security deposit will be held and will only be exercised in the event of damages to the relevant Premises.
4.2    The Client will be informed within 7 days of their departure of any damages to the Premises, and any damages will then be claimed against the security deposit.
4.3    Damages are not limited to the amount set out on the relevant Booking Form and should any damages to the Premises exceed this amount then the Client will be held liable for additional costs over and above the amount of the security deposit.
4.4    In the event of damages an additional administration fee of ZAR 350.00 is payable by the Client to the Rental Agent on demand.
5.    AMENDMENTS TO BOOKING
5.1    In the event of the Client wishing to amend its booking in any way, the Rental Agent may elect, in its sole discretion and without obligation, to do so, in which event it shall be entitled to charge an amendment fee of 3% of the Rental Cost, which shall be payable on demand by the Client.
5.2    The Rental Agent reserves the right to substitute the Premises with another similar or higher quality premises should the chosen Premises not be available on the Arrival Date for any reason whatsoever.
6.    SPECIAL REQUESTS
The Client shall advise the Rental Agent in writing on the Booking Form of any special requests, needs or facilities required by him due to medical needs, requirements relating to disabilities, special dietary requirements, and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be borne by the Client and payable on demand.
7.    PAYMENT TERMS
7.1    The Client shall make payment to the Rental Agent as follows:
7.1.1    50% of the Rental Costs on the Signature Date, in order to confirm the booking for the Premises; and,
7.1.2    The balance of the Rental Costs shall be paid within 30 Days of the Arrival Date.
7.2    However where the Client makes a booking within 30 Days of the Arrival Date, full payment of the Rental Costs must be made immediately.
7.3    The Rental Agent reserves the right to amend and increase the Rental Costs, even after acceptance by the Client, in the event of any adverse currency fluctuations, increases in government or statutory levies, and any increases levied by the Owners.
7.4    Any revision in the Rental Costs will be commensurate with the change in the currency exchange rates or the increase in the amounts payable.
7.5    All payments to be made by a Client to the Rental Agent shall be free of exchange, deduction or set-off of whatsoever nature. Payments shall be made by the Client to the Rental Agent by way of:
7.5.1    direct transfer;
7.5.2    forex transfer; or
7.5.3    credit card.
7.6    The Client shall provide the Rental Agent, upon making any payment, with written proof thereof in the form of a credit card authorization form. The relevant reference number for the booking shall at all times be reflected on the proof of payment.
8.    CANCELLATIONS AND REFUNDS
8.1    Cancellations of confirmed bookings for whatever reason may only take place according to the procedure outlined in this clause. All requests for cancellations shall be made by the Client in writing to the Rental Agent and shall only be effective on the date of actual receipt by the Rental Agent.
8.2    The following cancellation fees shall be applicable where the Client cancels the booking prior to the Departure Date:
8.2.1    90 days or more notice prior to departure: 75% of the Deposit shall be refunded;
8.2.2    89 – 31 Days notice prior to departure: 50% of the Deposit shall be refunded;
8.2.3    30 Days or less notice prior to departure: no refunds will be made.
8.3    No refunds shall be made to Clients who make bookings less than 30 Days prior to departure nor shall refunds be given to Clients who arrive early, late or who do not show for a booking. Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.
8.4    The Rental Agent reserves the right to refuse any request for a booking and shall not be required to offer any reason or explanation. In case of refusal the Rental Agent shall reimburse all Booking Cost already paid despite the provisions of this clause 8.
9.    DURATION
The Agreement shall commence on the Signature Date and shall (subject to earlier termination under clause 10 and 19) terminate automatically without notice on the  Departure Date or such other adjusted dates as may be agreed upon in writing between the Parties.
10.    CHECK IN AND CHECK OUT PROCEDURE
10.1    The Client must check in from 14:00 onwards on the Arrival Date. For an early morning arrival the Client is advised to book for the night before as the Premises may only be ready for occupation at 14:00 on the Arrival Date.
10.2    Check out time is 11:00 on the Departure Date. Late check out may result in a penalty fee of ZAR 1 500 being levied and will be payable on demand. The Client shall upon departure hand over all keys (including remote controls) to the Rental Agent or its appointed agent. Any lost keys or keys not returned will result in lock and keys being replaced at the Clients cost and will be deducted from the security deposit referred to in clause 4 above.
11.    CONDITION OF THE PREMISES
11.1    The Premises is accepted as including all furniture, fittings and accessories as is and in the condition in which they are found, and shall be left in the same order and good condition, fair wear and tear accepted.
11.2    The Owner and the Rental Agent take no responsibility for the breakdown or malfunction of appliances during the Clients stay, however, every effort will be made to repair any faulty appliances which are reported.
11.3    A full inventory of the contents of the Premises will be found in the Premises and should be checked on arrival. Any shortfall must be reported to the Rental Agent immediately, failing which the inventories will be deemed to be correct.
11.4    The Client must report any damages to the Premises within 24 hours of arrival, failing which the Premises will be deemed to have been in good order. The Rental Agent will endeavor to make good any damages reported by the Client within 2 days of receipt of the report from the Client.
12.    DUTIES OF THE CLIENT
12.1    The Client shall;
12.1.1    keep the Premises clean, tidy, and habitable;
12.1.2    use the bathroom facilities for the specific purposes for which they are intended to be used;
12.1.3    take all reasonable measures to protect the Premises and all parts thereof (including all fixtures, fittings, appurtenances, appliances and keys) from abuse, damage, destruction, and theft;
12.1.4    take all reasonable measures to prevent blockages and obstructions from occurring in the drains, sewerage pipes and water pipes serving the Premises;
12.1.5    ensure that all lights and appliances are not left on unnecessarily and switched off when leaving the premises. Client is reminded that Cape Town is an energy saving conscious city;
12.1.6    ensure that all doors and windows are closed and or secured at all times, and that all furniture including but not limited to outdoor chairs and umbrellas are secured and fastened, as Cape Town is a windy city.
12.1.7    not use the Premises or allow them to be used, in whole or part, for any purpose other than that of a private dwelling;
12.1.8    not place or leave any article or other thing in or about any passage, lift, stairway, pathway, parking garage, or other common part of the Building so as to cause a nuisance or obstruction;
12.1.9    not bring into the Premises or the Building any article which, by reason of its weight or other characteristics, is liable to cause damage to the Building or the Premises;
12.1.10    not contravene any of the conditions of title of the Premises or any of the laws, rules or regulations affecting owners, clients or occupiers of the Premises or the Building;
12.1.11    not cause or commit any nuisance on the Premises or cause any annoyance or discomfort to other clients or occupiers of the Building, including but not limited to loud noise after 09:30 pm;
12.1.12    not leave refuse or allow it to accumulate in or about the Premises except in the refuse bins provided;
12.1.13    refrain from interfering with the electrical, plumbing, or gas installations or systems serving the Premises or the Building;
12.1.14    not allow more than the specified persons as per the Booking Form to reside in the Premises at the same time;
12.1.15    not keep any live animals or birds on the Premises except with the prior written consent of the Rental Agent;
12.1.16    not hang washing in any visible place in or about the Premises, or do or display anything else which causes the Premises or the Building to appear unsightly;
12.1.17    not redecorate the premises;
12.1.18    not use any tobacco products or allow any other person to use tobacco products in or around the Premises. No cigarette stubs may be discarded in the Premises or on the communal Premises and stairs, nor be thrown from the Premises’ windows onto the surrounding Premises.
13.    ASSIGNMENT AND SUBLETTING
13.1    The Client shall not be entitled to:
13.1.1    cede or assign all or any of the rights and obligations of the Client under this Agreement;
13.1.2    to sublet the Premises in whole or part; or
13.1.3    to give up possession of the Premises to any third party.
14.    CLEANING SERVICES
14.1    Cleaning services are procured by third party suppliers and will be provided Monday - Friday (excluding public/religious holidays). The cleaning staff will only perform the following duties: Change bed linen (weekly), clean bathrooms, sweep, mop, and dust the premises, wash the crockery and cutlery. Windows and patios are cleaned once a week weather permitting.
14.2    The premises are cleaned every 5 days and any bookings for a period over and above the 5 days require a mandatory cleaning fee of ZAR 300.00 per every 5 days, which fee will be added to the Rental Costs and is payable on demand.
14.3    The Client may arrange in writing with the Rental Agent for any additional cleaning services.
14.4    The Client must ensure that all bed linen and towels which need to be changed must be placed in the bath for collection.
14.5    In the event of a disruption of the cleaning services the Rental Agent will endeavor to find a replacement cleaner within a reasonable time.
15.    INTERNET ACCESS
15.1    Telephone and Internet connections are for the account of the Client and is paid via pre paid vouchers, alternatively the Client will be billed by the Rental Agent on receipt of the billing information from the relevant service provider, such charges to be added to the Rental Costs and is payable on demand.
15.2    Internet usage is strictly for email and web surfing, no downloads are permitted. Bandwidth will be capped at 1 Gigabyte unless an alternative arrangement is made with the Rental Agent in writing.
16.    FAIR USAGE POLICY
Included in the cost of booking is the charge for the use and consumption by the Client of all electricity and water consumed upon the Premises. Clients are kindly requested to use electricity and water sparingly and only according to their needs. In the unlikely event that a Client uses and consumes a disproportionate amount of electricity and water then the Rental Agent has the sole discretion to deduct any amount which it thinks fit, from the security and breakages deposit referred to in clause 4 above.
17.    BREACH
17.1    Should either Party breach any provision of this Agreement and fail to remedy such breach immediately after receiving written notice requiring such remedy, then (irrespective of the materiality of such breach or provision) the other Party shall be entitled, without prejudice to its other rights in law, including any right to claim damages, to cancel this Agreement or to claim immediate specific performance of all of the defaulting Parties' obligations, whether or not then due for performance.
17.2    In the event of the Rental Agent terminating this Agreement within its rights, then the Rental Agent will be entitled to retake possession of the Premises immediately, without prejudice to its claims for any damages which it may suffer by reason of such breach and/or cancellation, or to any other remedy which it may have against the Client arising out of this Agreement or in law.
18.    DOMICILIUM
18.1    The Parties choose the addresses as set out on the relevant Booking Form as their respective domicilium citandi et executandi:
18.2    Either of the Parties may change its domicilium citandi et executandi to another address within the same country, by way of a notice to the other party to this Agreement, provided that such a notice is received by the addressee, at least 7 (seven) calendar days prior to such a change taking effect.
19.    LIMITATION OF LIABILTY
19.1    The bookings are made on the express condition that the Owner, the Rental Agent, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including any indirect and/or consequential loss or damages whatsoever), accident, injury, illness, harm, death, delay or inconvenience to any Client, or their Premises, wherever, whenever and however the same may occur, including, but without limiting the generality of the aforesaid: -
19.1.1    any act or omission of the Owner, the Rental Agent or any agent or servant of or contractor of the Owner and/or the Rental Agent, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
19.1.2    the condition or state of repair at any time of the Premises, the Building, or any part of the Premises or the Building;
19.1.3    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, or the Building, (including, without generality being limited, any cleaning service), whatever the cause;
19.1.4    any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Premises, or the Building, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
19.1.5    any interruption of or interference with the enjoyment or beneficial occupation of the Premises or any of the common parts of the Premises or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Premises, or on adjacent properties whether carried out by the Owner or by anybody else; or
19.1.6    any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Premises, or the Building, whether or not the Owner or the Rental Agent could otherwise have been held liable for such occurrence or failure.
20.    INDEMNITY
The Client hereby indemnifies the Owner and the Rental Agent for any loss or damage to Premises or injury to persons suffered on the Premises during the Lease Period.
21.    APPLICABLE LAW
This Agreement shall be interpreted and governed in all respects by the laws of  the Republic of South Africa. The Parties furthermore consent, to the jurisdiction of the Magistrates Courts in terms of section 29 of the Magistrates Courts Act No: 32 of 1944 as amended despite that the amount at issue may exceed the limits of such jurisdiction.
22.    GENERAL
22.1    This Agreement constitutes the sole record of the agreement between the Parties in regard to the subject matter thereof.
22.2    Neither Party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or reduced to writing and signed by the Parties or their representatives.
22.3    No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties,
22.4    No indulgence which either Party may grant to the other shall constitute a waiver of any of the rights of the grantor, unless reduced to writing and signed by both Parties.
22.5    Where any contradiction appears between the provisions of this Agreement and the Booking Form, the provisions of this Agreement shall prevail.
22.6    The Client hereby warrants that it has the capacity to and is authorized to conclude this Agreement, and that upon signature this Agreement will, continue to, bind it in all respects.
22.7    In the event that any of the provisions of this Agreement are found to be invalid, unlawful, or unenforceable such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.
22.8    The Client confirms that he has read and understood the description of the Premises that he has chosen as displayed on the website http://www.capetownlife.co.za or http://accommodationcapetown.biz or http://www.capetownwaterfront.org or http://www.luxury-apartments-capetown.com whichever is applicable.