Refundable damage deposit: R20,000
Deposit held by: Agent
Rental Includes: Housekeeping Mon-Fri
Rates & Taxes: Wi Fi; Electricity & Water
Rental Excludes: All personal Amenities : Catering ; Personal Laundry
Excluded Feature: Please note that the swimming pool is NOT HEATED.
PLEASE MAKE SURE THIS AGREEMENT IS SIGNED BEFORE TRANSFERRING DEPOSIT
SIGNING THIS AGREEMENTS CONFIRMS THAT THE TENANT HAS AGREED TO OUR T&C Agent/Tenant Signature on each page (1-7):
Payment terms: 50% deposit due on reservation, final balance 14 days prior to arrival.
Damage deposit cannot be utilized for the booking fee or any part thereof. All payments must be EFT and proof of payment must be emailed to secure booking.
Attention: THE LETTING AGENT:
It is important that all tenants adhere to Rules in order for Serenity to trade as a business and to prevent the loss of a Business License. It is for this reason that the owner requires the letting agent to sign the first 2 pages of this document, in order to confirm the following:
1. The agent acknowledges and has read the Terms and Conditions of Serenity Luxury Accommodation CC in the attached Annexure marked 1.1 – 9.2
2. The agent has mentioned the below listed, IMPORTANT TERMS & CONDITIONS point 1 - 11, and action steps listed in point 1-8 below, in the agreement document between the agent and the tenant.
IMPORTANT TERMS & CONDITIONS:
1. The name and passport/ ID number of the tenant is compulsory on this document.
2. No loud music or any disturbance of peace is permitted.
3. `Black listed` tenants/agents may not make use of/trespass/have access to the premises by booking through alternative names or any other means.
4. Serenity allows still photographic shoots only by confirmation in writing.
5. No filming is permitted.
6. No functions, parties, wedding receptions or bachelor weekends are permitted.
7. A maximum of 25 people are allowed on the premises at any given time.
This number would need to include all staff : barman, waiters, chefs, cleaners.
8. Management to be advised if additional tenants, staying in nearby villas will be making use of the Serenity facilities during their stay, which may exceed 12 people.
9. The premises may not be used for unlawful activity/business or anything other than accommodation.
10. The Manager shall inspect the premises within 48 hours after the Tenant has vacated and the breakages deposit will be refunded to the Tenant after any deduction of the cost of repairing any damage to the premises and/or to the contents thereof and any other expense for which the Tenant is liable.
11. The agent confirms that R10 000 damage deposit is being held by the agent unless otherwise agreed.
12. Guests need to take responsibility for any damages or loss caused by subcontractors or additional guests which they have invited or contracted during the duration of their stay.
Depending on the severity of the situation, and with consideration and understanding, the manager reserves the right to take the following steps, should the above mentioned Terms & Conditions not be adhered to:
1. Verbal Notifications;
2. Verbal Warnings
3. De-activating of music systems
4. Police intervention
6. Damage Fees
7. In extreme cases, cancelation of the booking on a non-refundable basis
8. In extreme cases, eviction of the tenant on a non-refundable basis
RIGHT OF ADMISSION IS RESERVED:
Agent Signature:.................................... on this .................day of.............................................. 2015
f for/on behalf of Tenant for/on behalf of owner
Please note that the agent confirms that the invoiced information is correct with the signing of page 1 & 2.
(NB – Agent: Please ensure that you have checked dates, pricing, damage deposit and facilities included )
TERMS AND CONDITIONS OF RESERVATION
1. CONDITIONS OF RESERVATION
1.1. The reservation of the Premises shall only be confirmed once the duly signed copy of the Reservation Agreement (signature including initializing each page) together with proof of payment (to be effected by electronic transfer or as otherwise agreed to by the Owner/Manager) is returned in writing to Serenity Luxury Accommodation or The Booking agent. Or email firstname.lastname@example.org . The Tenant is required to pay 50% of the total rental amount including the breakages deposit on reservation in order to secure the booking. The balance is due 14 days before arrival or in full prior to check on presentation of invoice. If reservation is made less than 1 month prior to check in, then the full rental amount including the breakages deposit is to be paid on reservation in order to secure the booking.
1.2. Should the full Rental not be paid by the due date for payment, the Owner/Manager shall be entitled to cancel this Agreement on behalf of the Owner should the Agent/Tenant not pay the full Rental within 24 (twenty four) hours of receiving written notice from the Owner/Manager that such amount is due and payable.
1.3. Any changes to a confirmed reservation shall be subject to an administration fee. Should the number of occupants be increased, then in addition to any such administration fee, the Tenant shall be obliged to pay the Owner/Manager, over and above the Rental, the agreed rate per night per additional occupant.
1.4. The check-in time for the Premises shall be at or after 14h00 on the Occupation Date and the check-out time shall be at or before 10h00 on the Termination Date, unless otherwise specified in writing.
1.5. The Tenant will not have any right to claim damages or withhold any monies otherwise due to the Owner/Manager and/or the Owner on account of an alleged breach of this Agreement, any act or omission by the Owner/Manager, its employees, members and Owner/Managers and/or the Owner, the condition of the premises (provided they are suitable for beneficial occupation by the Tenant), the failure or suspension of electricity, water or any other amenity or any other equipment or machinery on the premises, or any interruption or disturbance not attributed to the Owner/Manager’s willful misconduct or that of the Owner.
1.6. The Agreement in terms of which the premises are let to the Tenant is between the Tenant and the Owner, acting through the Villa Agent namely, ...................... as its Manager and Agent. The Agreement comes into effect and will be binding on the Tenant and the Owner on receipt by the villa agent, namely ................................................confirmation of reservation signed by the Tenant.
1.7. Cancellation Conditions:
• Non arrival without cancellation will be charged the FULL rental amount
• Cancellation less than 14 days forfeit the full deposit
• From 14 days to 21 days forfeit 75% of the deposit
• From 21 days to 28 days forfeit 50% of the deposit
• More than 28 days forfeit 25% of the deposit
2. REFUNDABLE BREAKAGE AND SECURITY DEPOSIT
2.1. The Tenant undertakes and agrees to sign any documentation required by the Owner/Manager/Agent in order to freeze the breakage and security deposit. Upon the expiry or earlier termination of this Agreement, the Owner/Manager/Agemt shall be entitled to withhold any amount owing by the Tenant to the Owner/Manager (which amount shall include, but not be limited to, any amount owing by the Tenant to the Owner in terms of clauses 1.3, 3.1.8, 3.1.10 or 3.1.18 of this Appendix 1) for any reason whatsoever, and thereafter release any remaining funds frozen as security. The Tenant undertakes and agrees to bear the costs of any bank charges that result from the any amount owing by the Tenant to the Owner/Manager.
2.2. An additional deposit of R10 000.00 is payable if the tenant , in agreement with the property owner/manager, hosts more than 12 people on premises for the purpose of anything other than accommodation.
2.3. The tenant will be fully liable for the full value of any damages that may be caused in the event that the amount of 12 people has been exceeded on the premises.
2.4. Functions are not permitted at the premises. The owner allows a controlled get togethers with a maximum of 25 people on the premises at any given time.
2.5. The owner reserves the right to cancel any such functions, should the behavior of the tenants cause a disturbance to the neighbourhood or damage to property.
2.6. The tenant needs to put a request forward in writing to the owner to host a function. The letter should state that the tenant takes full responsibility for damages, guarantees security, guarantees advise to the neighbours and sends proof of payment for the additional deposit 24 hours before the commencement of function.
2.7. It is the responsibility of the tenant to inform the neighbours of any functions being held at the premises that might cause a disturbance to the peace and tranquility of the neighbourhood.
2.8. The Tenant may not under any circumstances whatsoever set-off monies owing by him under the agreement against the breakage and security deposit.
2.9. Should the Tenant cancel the agreement at any time after the Occupation Date but prior to the Termination Date, then in such event the deposit shall be released to the Tenant within 21 (twenty one) days of such cancellation, less any deductions contemplated in terms of clause 2.1 above.
2.10. The Manager shall inspect the premises within 48 hours after the Tenant has vacated and the breakages deposit will be refunded to the Tenant after any deduction of the cost of repairing any damage to the premises and/or to the contents thereof and any other expense for which the Tenant is liable. The Tenant hereby authorises Serenity Luxury Accommodation or .............................................................. to utilise such funds as may be necessary from the aforesaid deposit. The security deposit may not be used for the rent, or any part thereof at any time, for any reason whatsoever.
2.11. Filming, Photoshoots or any activity other than accommodation that is active at the premises without notice will be penalised. The owner has the right to cancel and evict tenants with a non-refundable cancellation fees and a damage penalty.
3. TENANT’S DUTIES, RIGHTS AND OBLIGATIONS
3.1. The Tenant shall -
3.1.1. allow the Owner/Manager, at all reasonable times, permission to enter the Premises to inspect same in order to view the condition and state of repair thereof; Daniela Ciman, Property manager, shall have the right to access the Premises as any time as well as to affect any repairs necessary;
3.1.2. not sub-let the whole or any part of the Premises to any third party save with the express written permission of the Owner/Manager, which permission may be withheld at the Owner/Manager's sole and absolute discretion;
3.1.3. not make any alterations or additions to the Premises;
3.1.4. not do, or omit to do anything, which could damage the Premises, or render any insurance policy in respect of the Premises void or voidable; p.4
3.1.5. refrain from doing anything which is illegal and/or causing any noise or nuisance that would in any way disturb the quiet and peaceful occupation enjoyed by the neighbours of the Premises;
3.1.6. comply with the rules of the Body Corporate (if applicable);
3.1.7. use the Premises (including, but not limited to, the garden and/or any portion of the land upon which the Premises is situated) only for residential accommodation and the parking bays only for the parking therein of a motor vehicle;
3.1.8. bear all outgoing telephone call charges in respect of the Premises with effect from the Occupation Date. All such telephone charges shall be determined by deducting the telephone meter reading as at the Occupation Date from the telephone meter reading as at the Termination Date. It is recorded that all telephone calls are charged at the prevailing Telkom rates applicable from time to time;
3.1.9. keep and maintain the interior of the Premises in good order and condition;
3.1.10. make good any damage caused to the Premises;
3.1.11. notify the Owner/Manager in writing, within 24 (twenty four) hours after the Occupation Date, of any defects in the Premises, failing which the Tenant shall be deemed to have acknowledged that the Premises was received in good order and condition. The incidence of any defects in the Premises will not entitle the Tenant to cancel the agreement other than where such defects have not been remedied to the reasonable satisfaction of the Owner/Manager within a period of 48 (forty eight) hours as from the time the absence is notified to the Owner/Manager;
3.1.12. notify the Owner/Manager in writing, within 2 (two) days after the Occupation Date, of the absence of any of the items on the inventory if available, failing which the Tenant shall be deemed to have acknowledged that the inventory and contents is true and correct. The incidence of any absence of items on the inventory will not entitle the Tenant to cancel the agreement other than where such absence has not been remedied to the reasonable satisfaction of the Owner/Manager within a period of 72 (seventy two) hours as from the time the absence is notified to the Owner/Manager;
3.1.13. not cede and/or delegate any of his rights and/or obligations under this Agreement;
3.1.14. ensure that refuse does not remain on or outside the Premises, save in the place provided therefore;
3.1.15. not keep any animals or pets on the Premises;
3.1.16. not make duplicates of any of the keys in respect of the Premises, and shall on termination of this Agreement, forthwith deliver all keys (including any duplicates thereof) and remote control units to the Owner/Manager; P.5
3.1.17. on termination of this Agreement, return and deliver to the Owner/ Owner/Manager the Premises in good order and condition (fair wear and tear excepted); and
3.1.18. bear the costs of any additional services requested by the Tenant and provided by the Owner and/or Owner/Manager which services are not recorded in 4.2 to this Appendix 1.
3.1.19. any indulgences granted by the Owner to the Tenant at any time shall in no way effect or act as a bar to the Owner enforcing its rights at any time for any similar or other breach or failure on the part of the Tenant.
3.2. The Tenant shall advise the Owner/Manager immediately of any intended increase in the number of occupants who are to occupy the Premises at any time during the Occupation Period, as well as the duration of their proposed occupancy of the Premises. It is recorded that any such additional occupants shall only be entitled to occupy the Premises with the express written consent of the Owner/Manager, which consent may be withheld by the Owner/Manager in its sole and absolute discretion, and upon payment of the additional charge per person as set out in the Agreement.
3.3. If the Tenant wishes to extend the Occupation Period, and subject to the Premises being available, this can be arranged with the Owner/Manager for an agreed additional Rental. Such additional Rental shall also be required to be paid in advance and the breakage and security deposit shall not be used to pay for such additional Rental.
3.4. The terms of this document form the sole contractual relationship between the parties hereto and no warranty or representation express or implied or variation of this lease shall effect the terms hereof unless such warranty or representation shall be reduced to writing and signed by the parties hereto.
4. OWNER’S DUTIES, RIGHTS AND OBLIGATIONS
4.1. The Manager, duly authorized by the Owner, reserves the right to terminate any bookings/stay, should the Tenant or any occupant behave in a manner, which in the Owner/Manager's sole and absolute discretion, is unacceptable or offensive.
4.2. The Owner undertakes to, at its own cost, and for the duration of the Occupation Period –
4.2.1. ensure that the Premises are clean, in good order and condition and suitable to be let as executive accommodation;
4.2.2. ensure that the Premises is let with all the furnishings, fittings, appliances, equipment and amenities represented by the Owner as being on or forming part of the Premises;
4.2.3. provide a char service not less than 5 (five) times a week on Business Days only;
4.2.4. ensure that linen is changed at least once a week;
4.2.5. provide a pool service (where necessary) not less than once a week;
4.2.6. provide a gardening service (where necessary) not less than once byweekly.
4.2.7. the Premises shall be made available in a good and clean condition and all fittings, appliances, equipment and amenities shall be in sound and good working order, prior damages and repairs notwithstanding or beyond owners control.
4.3. The Owner further undertakes to and in favour of the Tenant that it has and/or will, as soon as is reasonably possible, advise and/or inform the Tenant, via the Manager, of any facts and/or changes in circumstances which are material to, and/or may affect the Tenant’s use and enjoyment of the Premises. This includes, but is not limited to, any alterations or changes to the Premises (including renovations, refurbishing, constructions or reconstructions) which may in any way or manner inconvenience, dissatisfy and conflict with the original expectation of the Tenant. P.6
5. DESCRIPTION OF PREMISES
5.1. Minor differences between the actual Premises and any description or illustration thereof may exist. While the Manager and the Owner take all reasonable steps to ensure the accuracy of such descriptions and illustrations, they will not be liable for any non-material errors or differences or for the results thereof.
5.2. Non-material differences in the description of the Premises will not amount to a breach of the Agreement and will not entitle the Tenant to cancel the Agreement.
6. TENANT’S AUTHORITY
6.1. The Tenant hereby warrants to and in favour of the Owner and the Manager that he/she is duly authorized to enter into the Reservation Agreement and to bind the occupants to the Reservation Agreement and the Terms and Conditions of Occupation as set out herein.
6.2. The Tenant assumes full responsibility for the obligations of the occupants under this Agreement.
7. NON-LIABILITY OF OWNER/MANAGER
7.1. For the avoidance of any doubt it is recorded that Daniela Ciman is acting as Manager for the Owner and, accordingly it is agreed that neither the Owner, nor the Tenant, shall have any claim against the Manager arising out of, or pursuant to, the provisions of this Agreement.
7.2. The Manager will endeavor to assist in any dispute between the Owner and the Tenant and the Owner and the Tenant will be jointly and severally liable to the Manager for any fees (including any legal fees on an attorney and own client scale), cost expenses or charges incurred by the Manager in relation such dispute. The Owner and/or the Tenant shall reimburse any such fees, costs, expenses or charges to the Manager on demand.
8.1. This agreement shall be interpreted and governed in accordance with the laws of the Republic of South Africa. The parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Cape of Good Hope Provincial Division.
8.2. Notwithstanding the provisions of 8.1 above, the Tenant hereby, in terms of section 45 of the Magistrates Court Act 32 of 1944 (as amended), consents to the jurisdiction of the Magistrates Court in respect of any action or proceedings which may be instituted against him/her in terms of or arising out of this Agreement.
8.3. The Tenant will be liable for legal cost on the attorney and own client scale and also for all collection commission levied in the event of the Tenant being in default in respect of the Tenant’s obligations in terms hereof.
9. EXCLUSION OF LIABILITY AND INDEMNIFICATION
9.1. The Manager, its employees, members of Serenity Luxury Accommodation including the Owner will not be liable for any loss, damage, theft, harm or injury to the person and/or property of the Tenant or and of the Occupants or their visitors to the Premises arising from any cause whatsoever including, without limitation, fire, theft, accident, intrusion or otherwise, whether arising through the negligent or wrongful act of the Owner/Manager, its employees, members and managers and/or the Owner or any other person or cause.
9.2. The Tenant herewith indemnifies the Owner and the Manager in respect of any claim whatsoever for any loss, damage, theft, accident or injury to the property and/or person of the Tenant or any other person in occupation of the Premises pursuant to the provisions of this Agreement, or his/her relative or any third party arising out of the occupation of, or occurring at the Premises during the period which the Tenant/occupants remain in occupation of the Premises.
Signed at on this day of 2015
For/on behalf of Tenant For/on behalf of Owner