Garvies Surf House
25 Herbert Andrews Road Bluff Durban South Africa
TERMS AND CONDITIONS
IMPORTANT: These Booking Conditions set out the Terms of Contract with us so please study them carefully. Your contract is with a South Africa citizen trading as Garvies Surf House.
1. MAKING A BOOKING AND DEPOSIT
In order to make a booking, we require 50% of the total property rental cost. No contract exists between us until we have received this amount plus your signed and completed Booking Contract.
There is a minimum stay policy of two (2) nights during the year and seven (7) nights in the December-January peak period.
2. PAYMENT OF BALANCE
The remaining balance must be paid by the due date, which is usually at least four (4) weeks before your arrival. If the balance has not been paid by the required date, we shall be entitled to cancel your booking and retain the full deposit. If your booking is only made within four weeks of your arrival, you will generally be required to pay the full rental payment at the time of the booking unless otherwise agreed and indicated by us.
3. SECURITY DEPOSIT
We require a security or breakage deposit. The security deposit will be held against the cost of any damage to the property or its contents, and any breakages or loss of keys and remote controls for any damages you might incur during your stay.
This deposit will be refunded to you via the same channel you paid it three (3) days after departure (less the cost for any repairs).
4. CLEANING SERVICE
Cleaning is included in the rental rate once a week on a Tuesday (except public holidays). Any additional cleaning requests would require at least 24-hour notice to arrange and this is at an additional charge.
The cleaning service does not extend to personal laundry and cooking. Should this be required, this is at your own risk, and please arrange directly with the housekeeper an agreed rate.
5. OTHER SERVICES INCLUDED IN RENTAL COST
The rental cost includes electricity, water, council rates and levies, satellite TV, uncapped wireless internet, pool cleaning and garden service.
On garage parking with direct access to the house and two off-street parking bays.
Linen, bath towels and beach towels, hairdryers and liquid bathsoaps are provided.
6. ARRIVAL AND DEPARTURE TIMES
Check in time is at 2pm on the day of arrival and check out time is at 10am on the day of departure. We will try to accommodate any reasonable request for an early check-in or late departure but this cannot be guaranteed should previous guests be leaving the day you arrive, or new guests arriving the day you depart. Management may ask you for an additional fee payment to secure your early arrival or late departure that might entail having to bring in extra staff to prepare the house. If this is important to you, please request this prior to booking.
There will be an extra late arrival and early departure fee should your arrival be after 7pm and your departure before 7am – this payable, in cash, to the person who will be checking you into the property.
7. CANCELLATION BY YOU
If you wish to cancel the booking, the person who signed the Booking Contract must do so by notifying us in writing via email or fax. Your notice of cancellation will only be effective from the date of its receipt by us.
Our cancellation policy is as follows:
(a) twelve (12) weeks or more before arrival date: 85% of deposit is refundable;
(b) four (4) weeks to less than twelve (12) weeks before arrival date: 50% of deposit is refundable; and
(c) less than four (4) weeks before arrival date: no refund on any monies received.
Please note that no refunds will be given for failure to comply with the South African visa regulations and having your trip cancelled due to that.
8. ALTERATIONS AND CANCELLATIONS BY US
It is very unlikely that we will have to make any changes to arrangements once these have been confirmed. If this does happen we will let you know as soon as possible. If, for any reason we are unable to provide you with the property you have booked, we will cancel the booking, refund the full amount paid to us for the property and we will work diligently, and at no cost to you, to assist in finding a reasonably similar property as substitute.
Regardless of whether or not a substitution property is found, we will not be liable for cancellation charges for travel arrangements or any further claims by you or anyone else in your party.
For the avoidance of doubt, in no event whatsoever and regardless of cause, shall the Agent or the Owner(s) of Garvies SurfHouse, or any other party associated with this rental transaction, have any liability for any cause whatsoever in excess of the amount that has been paid by renter under this booking agreement except as otherwise specifically required by Law.
9. WATER AND ELECTRICITY (LOADSHEDDING) RESTRICTIONS
There may be water restrictions in place during your stay, we ask that you adhere to these restrictions. You will find more information on how to do it inside the property.
We also ask you to assist us in adhering to these water restrictions as our guests.
South Africa gets electricity from just one badly managed company and this company has a shortage of electricity on occasion. When this happens they switch our power off remotely for a short period of time. They do have daily schedules in place and the power is supposed to switch off no longer than 390 minutes but this is never a guarantee. The reality is more random.
Unfortunately this is not something we can control and we ask that you keep all your electronics fully charged and also bring some extra batteries with you.
Please note that we will not issue any refunds due to these possible inconveniences.
Unfortunately, this property is not very child friendly and the issues of concern for guests with younger children are steep drops from the top patio and an unfenced, unsupervised pool without pool cover as well as an open staircase. Guests staying with children do so at their own risk and are urged to take all due care and attention during their stay. We do not accept any responsibility for any injuries on this property.
11. SWIMMING POOL
The pool is to be used at your own risk. It is not supervised nor equipped with safety net or a fence. It is not heated so is only suitable for summer swimming. This pool is cleaned every week and while we will endeavour to arrange additional cleaning service if required during your stay (excluding weekends and public holidays) we cannot always guarantee that the pool will remain completely clean during periods of extreme weather conditions.
12. TELEPHONE AND INTERNET SERVICES
The wireless internet facility is free and uncapped. It is at the fastest speed we currently have available for this area and may seem slow to you coming from a more first world country. We do not have a telephone facility.
Please note that this is a double storey house with stairs leading from one level to the next. The garage access into the house is in the middle of the stairs.
14. MAXIMUM NUMBER OF GUESTS
Only those persons named on the Booking Contract may use the property and under no circumstance may the total number of people sleeping on the property exceed the maximum number stipulated. We are entitled to request you and your party to vacate the property if this rule is not complied with.
The person who signs the Booking Contract is responsible for the behaviour of everyone using the rental property during the rental period. If anyone in your party or any guest or invitee behaves in an unacceptable manner by any civilised standard, the entire party may be required by us to vacate the property without further notice. It is not considered acceptable behaviour to make excessive noise including playing music loudly and such behaviour will not be tolerated as this property is in a quiet residential area.
16. NOISE AGREEMENT
You will be asked to sign a Noise Control Agreement prior to check in at the villa. No access will be given to the villa unless the agreement has been signed. The purpose of this agreement is to ensure you are aware of, and will adhere to, the noise restrictions at the villa.
This is a non-smoking property and you are kindly requested to refrain from smoking inside the rented premises. Ashtrays are provided for outside use so please do not litter the garden with cigarette butts.
Should you decide to smoke inside, your breakage deposit will cover all charges for the air/furniture cleansing company. Should we not have had enough time to clean this before the next arrival, you will also be charged for any refunds we have to give the next guests to ease their discomfort.
It is your responsibility, and that of each of the persons named on the Booking Contract:
(a) to pay for any losses or damages to the property or premises, however caused (reasonable wear and tear excluded)
(b) to take good care of the property and leave it in a clean and tidy condition at the end of the rental period
(c) to permit the property manager reasonable access to the property
(d) not to part with any possession of the property, or share it, anyone other than with members named on the Booking Contract and
(e) not to cause an annoyance or become a nuisance to occupant of adjoining premises.
NB: It is the responsibility of the person named on the Booking Contract to ensure that the alarm is set and all exteriors doors and windows are closed every time the property is left unoccupied or when retiring for the night. Should there be a burglary and the alarm is not set, you will be held responsible for all replacement and repair costs.
Due to high velocity winds and unexpected rain, it is imperative that the glass doors and windows are secured properly when retiring or when leaving the premises as well as any outdoor cushions that have to be stored inside. They tend to fly away in the wind and you will be held responsible if they are blown away.
19. PROPERTY DESCRIPTIONS
The property descriptions used on our web site or otherwise provided to you are made in good faith and are believed to be an accurate representation.
20. COMPLAINTS AND PROBLEMS DURING YOUR STAY
If you have any complaints and problems during your stay, please let the management company know as soon as possible so that they can be remedied. However, we are not responsible for issues out of our control such as failure of the water supply, electricity, telephone and internet services, pool filtration, or any of the appliances. We will do our best to resolve any problems as soon as possible once notified of them. We must stress the importance of bringing complaints or problems to our attention as soon as possible during your stay as we cannot be expected to help if you only notify us following your departure. In the event that you vacate the property without our notification during the rental period, you will lose any rights you might otherwise have had to compensation.
21. BREACH OF CONTRACT
If any one of these conditions is breached by any of the persons named on the Booking Contract or any of the guests or invitees, we reserve the right to enter the property and terminate the rental agreement with immediate effect.
We do not accept liability for any act, neglect or default for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which any of the persons named on the Booking Contract or any of their guests or invitees may suffer or incur arising out of, or in any way connected with, the property rental.
All guests are strongly advised to arrange comprehensive insurance against travel and other related risks as any loss or damage including theft of personal items cannot be claimed against the property insurance. It is the responsibility of the persons named on the Booking Contract and those accompanying them to fully insure their personal items and also to keep the property secured by setting any alarm and securing all doors, windows and gates when going out.
24. AUTHORITY TO SIGN
The person who completes the Booking Contract certifies that
(a) he or she is authorised to agree to these conditions on behalf of all persons named on the Booking Contract, including those submitted at a later date
(b) the signatory is over eighteen years of age and a member of the party intending to occupy the property and
(c) he or she takes full responsibility for any persons occupying the property during the booking period.
25. GOVERNING LAW AND JURISDICTION
South African law shall govern the validity, construction and performance of these conditions. It is agreed between us, and the person named on the Booking Contract, that any dispute shall be subject to the exclusive jurisdiction of the South African Courts.