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December 2020 Newsletter

The summer festive season—now upon us at last—catapults Cape Town into the world’s apex holiday destinations.

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Terms & Conditions

Interpretation

- “Agent” means In Residence by Pieter Brundyn (Pty) Ltd
- “Agreement” means the Booking Form which includes the terms and conditions as set out herein.
- “Booking Form” means the form as provided by the Agent to the Tenant.
- “Deposit” means the 25% deposit as set out in the Booking Form and on the invoices issued by the Agent to the Tenant.
- “Breakage Deposit” means the Breakage Deposit as set out in 2.5 below.
- “Force Majeure” means any occurrence or act reason beyond the control of the Agent and/or Owner, including but without limiting the generality of the following: Acts of God, fire, floods, weather, war, rebellion, riots or civil commotion, strikes or labour stoppages, accidents or mechanical failures, refusal, suspension or cancellation by any government authority of any licenses, permits or authorization which the Agent and/or Owner has need of to operate, and which leaves the Agent and/or Owner unable to perform any or all of its obligations under the Agreement.
- “Inventory” means the contents of the Property as of the of the date of occupation by the Tenant.
- “Owner” means the registered owner of the Property.
- “Parties” or “Party” means the Owner, Agent and Tenant.
- “Property” or “Properties” means the Property as referenced in the Booking Form.
- “Tenant” means the Tenant, whose full details are set out in the booking Form.
- The terms contained in the Booking Form and the Terms and the Booking Terms and Conditions cancel and supersede any prior agreement between the parties, verbal or otherwise.
- The Booking Form and the Booking Terms and Conditions contain the entire agreement between the parties.
- No alteration, variation or addition to the Booking Form or the Terms and Conditions of Lease shall be of any force or effect, unless reduced to writing and be signed by the Parties or their authorised representatives.
- No indulgence, leniency or extension of time which any Party may grant or show, shall in any way prejudice such Party or preclude it from exercising any of its rights in the future.
- Any reference to the Tenant in this Agreement shall include all visitors, Tenants and invitees of the Tenant.

Suspensive Conditions
- This Agreement of Lease (the ‘Agreement’), comprising the completed Booking Form and these Terms and Conditions of Lease shall have no force or effect until:
  - The booking deposit has been paid in full and has cleared in the bank account of the Agent;
  - The Breakage Deposit has been paid in full and has cleared in the bank account of the Agent;
  - The details of the booking have been confirmed by the Agent in writing; and
  - The following information has been supplied by the Tenant to the Agent:
    - Full names of all occupiers of the Property as it appears on their respective passports;
    - Copies of the passports/ID documents of all occupiers;
    - Nationality of all occupiers of the Property;
    - Contact details;
    - Arrival and departure details / flight details (Where applicable);
    - Dietary requirements (If any and as applicable);
    - Sleeping Configurations (Where applicable);
  - A completed Booking Form has been signed by the Tenant; and
  - the Booking Form and Lease of Agreement have been confirmed, by the Agent, in writing.
- Any amounts shall be deemed unpaid until such payment reflects in the bank account of the the Agent.
- Until the Agreement of Lease becomes binding, the booking of the Premises is not secured by the Tenant.
- Please note that all reservations are to final approval in writing by the Owner.

Financial
- All rates are inclusive of 15% VAT.
- All rates are made in South African Rands (ZAR).
- All payments must be made in South African Rands (ZAR) via EFT transfer, net of bank charges or via secure payment link.
- ‘3 – 14’ night minimum stays are applicable throughout the year dependent on the specific Property and the season.
- Should the Tenant pay for their reservation by credit card, the Agent reserves the right to charge an additional nonrefundable 3% fee to cover the processing costs.
- Quotes are subject to change until such time as the relevant deposit has been received, this includes quotes for services.
- Services are subject to availability.

Payment and Cancellation Terms
- Payment terms as follows:
  - deposit payment of 25% is due within 72 hours of written confirmation of booking; and
  - balance payment of 75% plus the Breakage Deposit is due 30 days prior to arrival;
- Cancellation terms as follows:
  - a full refund of the 25% deposit will be made to the Tenant if the booking is cancelled more than 30 days prior to arrival date; and
  - bookings cancelled less than 30 days of arrival date, forfeit their full payment, excluding the breakage deposit.

Breakage Deposit
- The Tenant will be required to pay a Breakage Deposit (as per the quotation/invoice received) into the Agent’s bank account.
- This deposit will be refunded into Tenant’s bank account within 20 (twenty) working days of the departure date specified within the Agreement, on the basis that the Property is in the state in which, to the discretion of the Agent, it was handed over to the Tenant on the day of Commencement Date stated above.
- In the event that any breakages occur, or disputes arise, the Agent may extend the 20-day refund period, in order to resolve the matter to the best interest of the Owner and the Tenant.

Breakage and/or Damages
- The Tenant shall be liable to pay the Owner for the cost of replacing or remedying any loss or damage (beyond normal wear and tear) to the Property and/or the Inventory on or in the Premises and/or other structural fitting or improvement found anywhere on the Premises.
- Any lost keys or remote control gadgets not returned will result in the lock and keys/remote control being replaced, and the Tenant shall be liable for such costs
- All loss and/or damage to the Premises and/or its contents will be charged at the fair repair and/or replacement cost of such item.
- The Tenant shall further be liable to pay, to In Residence, an administration fee of R350.00 (three hundred and fifty rand) per hour for managing the aforementioned replacement /repairs /damages /losses /lost keys.
- The Agent, on behalf of the Owner, shall be entitled to recover such costs (as contemplated in this clause 6) from the Tenant, including by deduction from the Breakage Deposit.
- The Breakage Deposit shall be refunded to the Tenant within 20 (twenty) calendar days of the departure date or such date as the Tenant and/or the Tenant’s invitees vacate the Premises, whichever the later, less such amounts as are required to :
  - replace or repair missing, broken or damaged items of whatever nature;
  - pay any expense (other than the regular consumption charges in respect of electricity and water which are for the account of the Owner); and
  - pay any fines or extra charges levied on the Owner for non-compliance to municipal laws and bylaws as applicable.

Rental Payable
- The rental payable in respect of the Premises is calculated per night’s stay as stipulated on the Booking Form. This notwithstanding :
  - the Lease commences at 2pm on the Commencement Date; and
  - the Lease terminates at 10am on the Departure Date.
- In the event of the Tenant or the Tenant’s invitees failing to vacate the Premises by 10am on the Departure Date, the Tenant shall be liable to pay the Agent for the account of the Owner, an amount equal to 50% of the nightly charge payable in terms of the Booking Form.

Use of Property
- No more than the maximum number of persons specified in the Booking Form may occupy or overnight at the Premises.
- No persons may overnight at the Premises other than those persons recorded in the Booking Form.
- No parties, corporate events or social gatherings are permitted on the Premises.
- No extra services may be delivered or performed at the Premises save and unless such service providers have been appointed or approved in writing by In Residence.
- The Tenant and all invitees of the Tenant shall comply with all laws, bylaws, regulations and Body Corporate Rules and any other restrictions, where applicable.
- No sub-letting of the Premises in whole or in part is allowed.
- No commercial or illegal activity may take place on the Premises.
- Smoking inside the Premises is strictly prohibited and is only allowed in designated areas.
- The Tenant and all invitees of the Tenant must behave in a manner that is considerate to others, disruptive behaviour caused by loud music and/or late night or early morning rowdiness shall not be tolerated. The Tenant undertakes to ensure that occupants and visitors do not cause any nuisance to neighbouring occupants.
- If there is an open swimming pool on the Premises, the Tenant shall be responsible for ensuring that at all times, the use of the swimming pool is supervised by capable, responsible people; and that persons unable to swim do not approach the swimming pool unsupervised.
- The Tenant and invitees of the Tenant shall not without the written consent of the Owner install or cause to be installed anywhere on the Property nor the Premises any solar panel, “generator”, or other device intended for the conversion of energy into electricity, nor any alternative piped supply of water to the Premises.
- Some areas/items may be off limits to the Tenant.
- The Agent as well as the Owner’s staff will have full access to the property at all times.

Breach
- In the event of breach of any of the provisions of these Terms and Conditions of Lease and clause 8 in particular, the Agent and/or the Owner shall have the right to cause the Tenant and all the Tenant’s invitees and other occupants to be immediately evicted and reserve the right to claim any costs of effecting such eviction and/or damages due as a result of such early eviction.
- The Agent reserves the right to access the premises at any time during the period of the Lease without requiring permission and/or notifying the Tenant.

Insurance
- The Tenant :
  - shall, at the Tenant’s cost, insure the Tenant and the Tenant’s invitees, for the duration of the Lease Period, against loss, breakages or theft of personal belongings, injury, death, medical expenses and any other protection the Tenant may require;
  - confirms that the Tenant has or will have such insurance cover; and
  - acknowledges that in the event of the Owner and the Agent accepting the Tenant’s booking, they will do so relying on the terms of the Agreement of Lease, including the Tenant’s confirmation of insurance.

Death, Personal Injury, Damage or Loss of Property
- The Tenant and/or invitees of the Tenant use the accommodation at their own risk. Neither In Residence, any of its agents, employees, contractors or officers, nor the Owner of the Premises, shall be liable for any loss or damages which the Tenant or the Invitees of the Tenant may suffer as a result of any death, injury, theft, damage to property, accident or any event of whatsoever nature occurring during the occupation of the Premises, whether as a result of In Residence (or its employees, contractors or officers) or the Owners default, negligence or otherwise.
- The Tenant and/or invitees of the Tenant shall have no claim against In Residence (or any of its agents, employees, contractors, officers), or the Owner in respect of any damage, loss, injury or inconvenience suffered as a consequence directly or indirectly of a cessation, intermittent, temporary or otherwise, in the supply of electricity and/or water to the Premises and/or the Building and/or the Property and the Tenant agrees that the Owner is not obliged to provide an alternative source of supply of electricity or water;
- The Tenant and/or invitees of the Tenant accept full responsibility for any accidents caused by or arising out of their own negligence, misuse of property or failure to comply with applicable statues and regulations.
- In view of the fact that the Agent is not the owner of the Property and in its role as Agent is merely brokering and/or facilitating a service, in residence can not be held liable for any defect of the Propert and/or willful negligence or defaut by the owner.

Cancellation by the Owner and/or In Residence
- If the premises booked are sold or rendered unsuitable, which for the purposes hereof includes being partially or totally destroyed, by Force Majeure (Acts of God), including but not limited to fire, flood or civil unrest, the Agent shall notify the Tenant as soon as possible and shall make every effort to source alternate premises of a similar standard and at a similar price, if available.
- If similar premises cannot be sourced at a similar price or at all, the Agent shall refund the deposit or full payment of the Booking Deposit and/or the Breakage Deposit (whichever has been paid) prior to the occupation period or a pro rata portion of the Booking Deposit for the occupation period during which the Tenant is not able to occupy the premises against receipt of such refund from the Owner.
- Neither the Owner, nor the Agent shall be liable for any damage or loss arising from the aforesaid sale or the rendering uninhabitable of the premises as aforesaid.
- The costs of any such relocation and alternative accommodation arising from a Force Majeure shall be settled from the Occupancy fee paid, and should such Occupancy fee be insufficient to cover such costs, the balance will be for the Tenant’s account.
- The Tenant shall hold the Agent and/or its agents, employees, contractors and officers harmless in the event of any cancellation or breach of the terms of this agreement by the Owner and any claim in respect thereof shall be made directly against the Owner and to the exclusion of In Residence, its agents, employees, contractors and/or officers.

Jurisdiction
- This Agreement and any further rules regulating occupation of the property shall be interpreted and governed in accordance with the laws of the Republic of South Africa.
- The Parties consent to the jurisdiction of the Magistrates Court in terms of section 45 of the Magistrates Court Act 32 of 1944.

Domicilium
- The Tenant appoints as his domicilium citandi et executandi for all purposes, at the premises during the occupation period and otherwise at the address set out in the Booking Form.
- All notices to be given to the Tenant during the occupation period shall be in writing and hand delivered to the premises and otherwise sent by e-mail or fax at the address set out in the Booking Form.
- All notices to be given to the Owner relative to the Booking Form or the Terms and Conditions of Lease should be in writing and hand delivered to the Agent, or sent to the the Agent by e-mail or fax at the address and number appearing on the Booking Form.

General:
- The terms contained in the Booking Form and the Terms and Conditions of Lease cancel and supersede any prior agreement between the parties, verbal or otherwise.
- The Booking Form and the Terms and Conditions of Lease contain the entire agreement between the parties.
- No alteration, variation or addition to the Booking Form or the Terms and Conditions of Lease shall be of any force or effect, unless reduced to writing and be signed by the parties to this agreement or their authorised representatives.
- No indulgence, leniency or extension of time which any party may grant or show, shall in any way prejudice such party or preclude it from exercising any of its rights in the future.
- Any reference to the Tenant in this Agreement shall include all visitors, guests and invitees of the Tenant.

Disclaimer

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