1. INTERPRETATION
1.1. “Agent” means In Residence by Pieter Brundyn (Pty) Ltd
1.2. “Agreement” means the Booking Form which includes the terms and conditions as set out herein.
1.3. “Booking Form” means the form as provided by the Agent to the Tenant.
1.4. “Deposit” means the 50% non-refundable deposit as set out in the Booking Form and on the invoices issued by the Agent to the Tenant.
1.5. “Breakage Deposit” means the Breakage Deposit as set out in 2.4 below.
1.6. “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.
1.7. “Inventory” means the contents of the Property as of the of the date of occupation by the Tenant.
1.8. “Owner” means the registered owner of the Property; whose full details are available on request.
1.9. “Parties” or “Party” means the Owner, Agent and Tenant.
1.10. “Property” or “Properties” means the Property as referenced in the Booking Form.
1.11. “Tenant” means the Tenant, whose full details are set out in the booking Form.
1.12. 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.
1.13. The Booking Form and the Booking Terms and Conditions contain the entire agreement between the parties.
1.14. 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.
1.15. 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.
1.16. Any reference to the Tenant in this Agreement shall include all visitors, Tenants and invitees of the Tenant.
2. CONDITIONS
2.1. General conditions
2.1.1. The property rental commences from 14h00 on the day of arrival and terminates at 11h00 on the day of departure (unless permission has been granted otherwise). All late check-outs without approval will be charged at 50% of full-day rate can result in loss of deposit.
2.2. Inclusions
2.2.1. Daily servicing included on most properties.
2.2.2. Futher inclusions are specific to certain Properties. Details available on request.
2.2.3. For all extra services that have been agreed to verbally or in writing, it is at the sole discretion of the Agent and its employees to decide which preferred service provider to use in order to carry out these services. This includes the use of chefs, chauffeurs, cleaning services and any other services agreed to with the Tenant in writing.
2.3. Financial
2.3.1. All rates are inclusive of 15% VAT.
2.3.2. All rates are made in South African Rands (ZAR).
2.3.3. All payments must be made in South African Rands (ZAR) via EFT transfer, net of bank charges or via secure payment link.
2.3.4. ‘3 – 14’ night minimum stays are applicable throughout the year dependent on the specific Property and the season.
2.3.5. 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.
2.3.6. Quotes are subject to change until such time as the relevant deposit has been received, this includes quotes for services.
2.3.7. Services are subject to availability.
2.4. Death, Personal Injury, Damage or Loss of Property
2.4.1. In view of the fact that the Agent is not the Owner of the Property and is in its role as Agent merely facilitating and/or brokering a service, the Agent cannot be held liable for any defect of the Property and/or willful negligence or default by the Owner.
2.4.2. The Tenant and/or invitees of the Tenant use the accommodation at their own risk. Neither the Agent, any of its agents, employees, contractors or officers, nor the Owner of the Property, 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 Property, whether as a result of the Agent (or its employees, contractors or officers) or the Owners default, negligence or otherwise.
2.4.3. The Tenant and/or invitees of the Tenant shall have no claim against the Agent (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 Property 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.
2.4.4. The Tenant acknowledges, agrees and accepts that, to the maximum extent permitted by law, the entire risk of any use of the Property or third-party services remains with the Tenant. This includes, but is not limited to, any person or persons invited by the Tenant onto the Property by the Tenant or to whom the Tenant otherwise provides access.
2.5. Breakage Deposit
2.5.1. 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 Tenants bank account within 20 (twenty) working days of the departure date specified within the Agreement, on the basis that the Property are in the state in which, to the discretion of the Agent, it was handed over to the Tenant on the day of commencement 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 Owner and the Tenant.
2.5.2. The Tenant shall be liable to pay the Owner, the cost of replacing or remedying any loss or damage (beyond normal wear and tear) to the Property and/or the contents on or in the Property and/or other structural fitting or improvement found anywhere on the Property. Any lost keys or remote-control gadgets not returned will result in the lock and keys/remote control being replaced and the existing locks being replaced, and the existing remotes being reprogrammed, and the Tenant shall be liable for such costs
2.5.3. All loss and/or damage to the Property 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 the Agent, an administration fee of R350.00 (three hundred and fifty rand) per hour for managing the aforementioned replacement/repairs/damages/losses/lost keys.
2.5.4. The Agent, on behalf of the Owner, shall be entitled to recover such costs from the Tenant, including by deduction from the Breakage Deposit.
2.5.5. 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 Property, whichever the later, less such amounts as are required to:
2.5.5.1. replace or repair missing, broken or damaged items of whatever nature; and
2.5.5.2. pay any expense (other than the regular consumption charges in respect of electricity and water which are for the account of the Owner).
3. RESERVATIONS
3.1. Information required from the Tenant
3.1.1. In order for the Tenant to make a reservation the Agent will need the following information regarding the Tenant:
3.1.1.1. Full names of all occupiers of the Property as it appears on their respective passports.
3.1.1.2. Nationality of all occupiers of the Property
3.1.1.3. Arrival and departure details / flight details (Where applicable)
3.1.1.4. Dietary requirements (If any).
3.1.1.5. Contact details
3.1.1.6. Sleeping Configurations (Where applicable)
3.1.1.7. A completed Booking Form signed by the Tenant
3.2. Acceptance of Booking
3.2.1. All reservations subject to the final approval in writing by the Owner.
3.2.2. The booking will only be deemed as confirmed on written confirmation given by the Agent to the Tenant, pursuant to:
3.2.2.1. a 50% non-refundable Deposit having been paid and such payment having cleared in the Agent’s bank account. This will in no way be refunded to the Tenant for any cancellations, postponements or any other reasons deemed necessary.
3.2.2.2. the Booking Form and all supporting documentation having been received by the Agent; and
3.2.2.3. final approval given in writing by the Owner, the Agreement shall be binding on the Tenant, the Agent and the Owner.
3.2.3. The Agreement, comprising the Booking and these terms and conditions, shall have no force or effect until:
3.2.3.1. The booking deposit has been paid in full and has cleared in the bank account of the Agent;
3.2.3.2. The Breakage Deposit has been paid in full and has cleared in the bank account of the Agent;
3.2.3.3. The details of the booking have been confirmed by the Agent in writing; and
3.2.3.4. Any amounts shall be deemed unpaid until such payment reflects in the bank account of the the Agent.
3.2.4. Until the Agreement becomes binding, the booking of the Property is not secured by the Tenant.
3.2.5. Once the Agreement becomes binding on the Parties, the deposit shall not be refunded.
3.2.6. No changes to a booking may be made unless such changes are:
3.2.6.1. committed to writing; and
3.2.6.2. signed by all three parties.
3.2.7. Please note: In signing and accepting the Booking Form the Tenant accepts the terms and conditions as set out herein.
3.3. Suspensive Conditions
3.3.1. This Agreement, comprising the completed Booking Form and these Terms and Conditions of Lease shall have no force or effect until:
3.3.1.1. the booking deposit has cleared in the bank account of the Agent;
3.3.1.2. The Owner has agreed in writing to the booking as set out in the Booking Form; and
3.3.1.3. the booking has been confirmed, by the Agent, in writing.
3.3.2. The booking deposit shall be deemed unpaid until the payment clears in the bank account of the Agent.
3.3.3. The Tenant will only be allowed access to the Property on condition that the full booking fee as well as the Breakage Deposit clears in the bank account of the Agent 30 days prior to commencement of the booking. If this condition is not met the booking will be cancelled and the Deposit forfeited.
3.4. Use of the Property
3.4.1. No more that the maximum number of persons specified in the Booking Form may occupy or overnight at the Property.
3.4.2. No persons may overnight at the Property other than those persons recorded in the Booking Form.
3.4.3. No extra services may be delivered or performed at the Property save and unless such service providers have been appointed or approved in writing by the Agent.
3.4.4. The Tenant and all invitees of the Tenant shall comply with all laws, by-laws, regulations and body corporate rules and any other restrictions, where applicable.
3.4.5. No sub-letting of the Property in whole of or in part is allowed.
3.4.6. No commercial or illegal activities may take place at the Property.
3.4.7. Parties, corporate events and social gatherings are strictly prohibited in all our properties, unless prior permission has been granted in writing. Violation of this rule will result in the Tenant being evicted immediately, not being entitled to a refund and full loss of their security deposit. All the properties are located in residential areas and are therefore subject to noise restrictions. All music and loud external gatherings will need to be concluded by 22h00 on weekdays and 23h00 on weekends. In the event of the music and loud gatherings not having been concluded by 23h15, the Agent shall go ahead with further steps, which include a security team going on site to assist, at the expense of the Tenant. If the Tenant refuses to comply with the above terms, the Agent shall terminate all electricity and power to the Property.
3.4.8. Some areas/items may be off limits to the Tenant.
3.4.9. The Agent as well as the Owner’s staff will have full access to the property at all times.
3.4.10. If there is a swimming pool on the Property, the Tenant will be responsible for ensuring at all times that the use of the swimming pool is supervised by capable and responsible adults; and that persons unable to swim do not approach the pool unsupervised.
3.5. Cancellation
3.5.1. If the Property booked is sold, rented out by the Owner 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, Agent shall notify the Tenant as soon as possible and shall make every effort to source alternate Property of a similar standard and at a similar price, if available. If similar Property cannot be sourced at a similar price or at all, 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 Property against receipt of such refund from the Owner. Neither the Owner, nor Agent shall be liable for any damage or loss arising from the aforesaid sale or the rendering uninhabitable of the Property as aforesaid.
3.5.2. The costs of any such relocation and alternative accommodation arising from a Force Majeure shall be settled from the booking fee paid and should such booking fee be insufficient to cover such costs, the balance will be for the Tenant’s account.
3.5.3. 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 the Agent, its agents, employees, contractors and/or officers.
3.5.4. Should the Property be or become unsuitable due to Force Majeure, the Agent shall be entitled to cancel the reservation and refund the Tenant for the rental amount on a pro rata basis in full and final settlement.
