1. Rates and Fees: -
1.1 Rates are quoted for the accommodation per night, in South African rand (ZAR), (inclusive of VAT where applicable).
1.2 Red Cherry Accommodation (hereinafter referred to as “Red Cherry Accommodation”) reserves the right to alter or amend rates and rate periods prior to payment of the deposit.
1.3 Red Cherry Accommodation shall levy an administration fee of R350 (three hundred and fifty rand) per booking, which administration fee shall be included in the initial invoice sent by Red Cherry Accommodation.
1.4 only cash or electronic transfers shall be acceptable as forms of payment. Alternative payment methods, such as 3D secure credit cards, may be accepted at Red Cherry Accommodation’s sole discretion.
2. Payment of the Deposit and the Occupancy fee: -
2.1 A deposit of 50% (fifty per cent) of the of the total amount (“the booking deposit”) as contained in the invoice rendered by Red Cherry Accommodation to the Guest (“the booking invoice”) must be paid to Red Cherry Accommodation within 48 (forty-eight) hours of Red Cherry Accommodation issuing its booking invoice, alternatively the amounts specifically stipulated therein.
2.2 Payment of the deposit is deemed to be acceptance of these General Conditions of Occupation. Proof of payment of the deposit must forthwith be sent to Red Cherry Accommodation via email at firstname.lastname@example.org.
2.3 The signed and completed booking form must be returned to Red Cherry Accommodation within 48 (forty-eight) hours from issuing thereof.
2.4 The Guest shall ensure that the booking deposit reflects in the bank account nominated by Red Cherry Accommodation within 3 (three) days of payment thereof if such payment is made from a bank account registered and held in the Republic of South Africa (‘’the Republic”) and within (7) days of payment if made from a bank account registered and held outside the Republic.
2.5 The Guest shall ensure that the balance of the invoiced amount reflects in the bank account nominated by Red Cherry Accommodation no less than 31 (thirty-one) days prior to check in.
2.6 In the event that the booking is made less than 31 (thirty-one) days prior to check-in, the full amount invoiced shall be paid within 48 (forty-eight) hours of Red Cherry Accommodation issuing same, subject to the proviso that no occupation of the premises shall be given without Red Cherry Accommodation receiving the total amount invoiced.
2.7 Notwithstanding any other provision herein contained, in respect of any booking made less than 48 (forty-eight) hours prior to check-in, the Guest shall be required to effect payment of the full amount invoiced and return the signed and completed Booking Form to Red Cherry Accommodation on date of issue of the invoice.
2.8 Despite the aforesaid, should the booking invoice contain a specified date upon which the booking deposit is to be paid by the guest, the guest shall ensure that the booking deposit is paid and reflects in the bank account of Red Cherry Accommodation on or before the date stipulated therein.
2.9 In the event that the Guest fails to return the signed and completed booking form and / or fails to effect payment of any amount due to Red Cherry Accommodation in terms of this agreement, Red Cherry Accommodation shall have the right to terminate the booking and the Guest shall forfeit all monies received by it pertaining to the booking. In the event that Red Cherry Accommodation cancels the booking, for any reason whatsoever in terms of the provisions of this agreement, Red Cherry Accommodation shall not be liable to refund any monies received, subject to any sections of this agreement to the contrary.
2.10 Should the Guest fail to arrive on the check-in date the Guest shall be liable for the full amount invoiced.
2.11 Proof of payment together with the signed and completed documentation must be sent to Red Cherry Accommodation to the email address stipulated herein. It is specifically recorded and agreed that Red Cherry Accommodation shall only process and/or confirm a booking made by a Guest once the booking deposit has reflected in the bank account nominated by Red Cherry Accommodation (within the stipulated timeframe, free from any deduction, set off, bank charges, FOREX or any other charges or taxes), the Guest has signed and submitted all the relevant information and documentation required in terms of this agreement and Red Cherry Accommodation has received and signed acknowledgement from the Supplier/Owner that the booking has been confirmed by same.
2.12 In the event of any credit card transaction/s made by/ on behalf of the Guest pertaining to any monies payable to Red Cherry Accommodation, the Guest specifically confirms under no circumstances whatsoever shall the Guest at any time authorize/instruct any reversal/cancellation of credit card transactions payable to Red Cherry Accommodation. All credit card transactions are subject to a surcharge on top of the amount that needs to be processed.
3. Cancellation of the booking by Guest: -
3.1 Any request for changes in or cancellation of the booking shall only be effective if submitted via email to Red Cherry Accommodation and a consultant has acknowledged receipt thereof.
3.2 Unless otherwise agreed between the parties in writing, cancellation charges payable by the Guest pursuant to a cancellation in terms of paragraph 3.1 above shall be as follows: -
Days before occupation date-forfeiture/loss:
31 (thirty-one) days or more the full deposit shall be forfeited
Less than 31 (thirty-one) days the entire occupancy fee shall be forfeited
3.3 Refunds and waiver of cancellation policies are at the discretion of Management and its ability to re-let the accommodation at the same or a higher rental. Any loss suffered by the Owner, subject to a minimum charge equal to 50% (fifty per cent) of the Occupancy fee, shall be deducted from any monies paid by the Guest or funds reserved on the Guest’s credit card.
3.4 In the event of Red Cherry Accommodation being unable to rebook the premises, no refunds shall be due and payable to the Guest.
3.5 GUEST INSURANCE: Guests are advised to procure suitable insurance covering the Guests own risk in relation to any occurrences which may occur.
3.6 For all confirmed bookings for more than 30 (thirty) consecutive days, the full Occupancy fee will be forfeited in the event of any cancellation by the Guest.
3.7 Red Cherry Accommodation’s cancellation policy, reflected in paragraph 3.2 above, shall apply to all transactions unless an alternative cancellation penalty is agreed upon between the parties and is recorded in the Booking Form.
3.8 In the event of a cancellation charge arising, the amount due shall be paid by the Guest to Red Cherry Accommodation within 48 (forty-eight) hours of the charge arising, notwithstanding the fact that any charges may be covered by his/her insurance policy.
3.9 The Guest shall not be entitled to cancel the booking as a result of a defect to the premises and/or building, which may include but is not limited to a breakdown of lifts, gates or garage doors provided alternative access points are available (for example stairs).
4. Cancellation by the Owner and/or RED CHERRY ACCOMMODATION:
4.1 If the premises booked are sold or rendered uninhabitable, 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, Red Cherry Accommodation shall notify the Guest 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, Red Cherry Accommodation shall refund the deposit or full payment of the Occupancy fee (whichever has been paid) prior to the occupation period or a pro rata portion of the occupancy fee for the occupation period during which the Guest is not able to occupy the premises, against receipt of such refund from the Supplier/Owner. Neither the Supplier/Owner, nor Red Cherry Accommodation shall be liable for any damage or loss arising from the aforesaid sale or the rendering uninhabitable of the premises as aforesaid.
4.2 The costs of any such relocation and alternative accommodation arising from 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 Guest’s account.
4.3 The Guest shall hold Red Cherry Accommodation, its Directors, agents, employees and villa manager harmless in the event of:
4.3.1 any cancellation resulting from the Guest and/or Occupants failure to adhere to the Rules of the Establishment, policies as well as any applicable Municipal by-laws;
4.3.2 breach of this agreement by the Supplier/Owner resulting in any civil claim. Red Cherry Accommodation is acting as an Agent providing a facilitation, booking, management and/or brokerage service, in return for a brokerage fee. Under no circumstances will Red Cherry Accommodation be held liable for any negligence and/or wilful default by the Supplier/Owner of the accommodation. If the Guest is dissatisfied with any aspect of the accommodation or if the Supplier/Owner of the accommodation does not honour the terms of the booking, the Guest shall not have any claim against Red Cherry Accommodation whatsoever but the Guest’s recourse will be against the Supplier/Owner directly.
5. Changes to booking: -
5.1 Once confirmed, any changes requested by the Guest to booking dates, number of Occupants and/or premises booked shall be deemed to be a cancellation of the first booking.
5.2 Red Cherry Accommodation, together with the Supplier/Owner, shall assist as far as may be possible to accommodate minor changes in the booking requested by the Guest in writing, as long as such request is made more than 31 (thirty-one) days before check-in, and if such changes can possibly be accommodated.
5.3 Red Cherry Accommodation shall be entitled to levy a fee of R450.00 (four hundred and fifty rand) for each change in the booking.
5.4 A change in the Occupant occupying the premises shall be subject to the prior written approval of Red Cherry Accommodation and shall be in accordance with the rules of the booked Establishment.
5.5 Should a Guest or Occupant modify their accommodation arrangements after occupation of the premises, they will be deemed to have cancelled the booking and the cancellation policy reflected in paragraph 3.2 above shall be applicable.
5.6 Neither Red Cherry Accommodation nor the Owner will accept liability for any loss, damage or any additional expenses incurred by the Guest or any Occupant and no refunds for unused services or agreed arrangements will be made.
6. Property Use: -
6.1 Red Cherry Accommodation or the Supplier shall service the premises once weekly. Should more frequent cleaning be required by the Guest, this may be arranged with Red Cherry Accommodation at an additional rate of R350 (three hundred and fifty rand) per cleaning person. Bedding and towels in the premises shall be replaced once weekly.
6.2 The Guest shall be furnished with a Welcome Guide, which includes safety and security precautions as well as the Rules of the Establishment. The Guest undertakes to comply with the said rules and precautions and to inform any further Occupants and/or visitors of such regulations. The Guest undertakes to comply herewith and uses the accommodation at his/her own risk.
6.3 An inventory checklist is provided on arrival. The Guest shall notify Red Cherry Accommodation within 24 (twenty-four) hours of check-in of any defect in the premises or absence of any item as contained in the inventory, failing which the Guest shall be deemed to have acknowledged that all items on the inventory are in the premises and the premises were received in good order and condition.
6.4 No contents may be removed from the premises. The Guest shall keep the premises and the contents in good order and at the termination of the agreement period will return the premises and the contents in the same good order and condition as they were at the commencement of the agreement.
6.5 The premises is a working asset and certain unforeseen defects can/will occur. The Guest shall afford Red Cherry Accommodation, the Supplier/Owner a reasonable period of time to remedy same, having regard the nature of such defect.
6.6 Where applicable, wireless internet connectivity is supplied to the premises via a third-party supplier and neither Red Cherry Accommodation nor the Owner is responsible for reliability and or speed of the internet provided. Red Cherry Accommodation shall also not be responsible should the service be off-line at any time for whatever duration.
6.7 Unless otherwise indicated in the booking form, the Guest shall take occupation of the premises between 15H00 and 18H00 on the check-in/arrival date and shall vacate the premises by no later than 10H00 on the check-out/departure date. Arrival and departures outside of work hours (which working hours are Monday to Friday between 09H00 and18H00, excluding public holidays) shall incur an additional charge of R350 (three hundred and fifty rand) payable in cash on arrival to the Red Cherry Accommodation Representative.
6.8 Arrival and departure times must be arranged prior to arrival. All Occupants must vacate the premises by no later than 10H00 on the check- out/departure date. Should the Guest wish to guarantee a late departure (from 10H00 to 16H00) or early arrival (before 15H00) this will be subject to availability and a half a night’s rental will be charged to secure this. Any check-out after 16H00 is charged at the full Occupancy fee per night.
6.9 Only the persons named in the Booking Form may use the premises and the number of Occupants shall not exceed the Guest’s original request. At no point in time shall the number of Occupants exceed the number as per what the property can accommodate. The Guest shall advise Red Cherry Accommodation immediately of any intended increase in 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 Occupant shall only be entitled to occupy the premises with the express written consent of Red Cherry Accommodation, which consent may be withheld by Red Cherry Accommodation in its sole and absolute discretion. Should the Guest increase the number of Occupants after confirmation of the booking, any discounted rates agreed to between the parties shall be forfeited and revert to the original rack rate.
6.10 Should the number of Occupants on arrival exceed the maximum number of Occupants allowed, Red Cherry Accommodation or the Owner may elect to:
6.10.1 provide additional accommodation which will be reserved and charged, subject to availability; or
6.10.2 cancel the full booking, due to the Guests’ breach of the booking terms, and the penalty payable by the Guest will be as that set out in paragraph 3.2 above.
6.11 The premises may only be used for residential accommodation purposes and no business or profession shall be conducted therein.
6.12 The Occupants shall, upon vacating the premises, leave it in the same condition in which it was handed to them. Should Red Cherry Accommodation be required to effect clean-up work to the premises, the Guest shall be liable for the costs thereof and Red Cherry Accommodation shall be entitled to levy an additional fee of R350.00 per person (three hundred and fifty rand) for effecting such clean-up.
6.13 No pets shall be allowed in the premises.
6.14 Smoking inside all apartments and villas is strictly prohibited. In certain properties, ashtrays are provided for smoking in outside areas only.
6.15 No parties, functions, events and or similar are allowed to be held on the premises, unless by prior arrangement and written consent by management. In instances, the Guest shall be required to sign a noise agreement before check-in in order to comply with Municipal by-laws. No third party suppliers, caterers, external contractors and/or similar are allowed onto the premises, unless by prior arrangement and written consent of Red Cherry Accommodation. Should the Guest/Occupant host an unauthorised event, the Guest’s agreement may be terminated immediately and the Occupants will be required to vacate the premises and all monies paid will be forfeited. The Guest may further be required to pay a penalty of up to 5 (five) times the nightly rate of the premises or which Red Cherry Accommodation, in its sole discretion, deems reasonable, or Red Cherry Accommodation, the Supplier/Owner shall be entitled to sue for such damages as may be legally permissible. Such penalty is due and payable immediately upon submission of the invoice.
6.16 The Guest shall not have the right to assign or sublet the premises, or any portion thereof. The Guest shall further refrain from ceding any of his/her rights or obligations in terms of this agreement.
6.17 The Occupants shall allow Red Cherry Accommodation permission to enter the premises at any reasonable time on 24 (twenty-four) hours’ notice to the Occupant, to inspect the premises in order to view the condition thereof. In the event of an emergency, immediate access to the premises shall be given.
6.18 In the event of the premises being simultaneously for sale, the Guest confirms that he/she shall allow the relevant person/s access for selling purposes. The Occupants shall permit viewings of the premises at all reasonable times and by reasonable prior notice.
6.19 The keys and remotes are the responsibility of the Guest; no duplicates may be made, and they shall all be left with Red Cherry Accommodation or the Supplier/Owner on vacating of the premises. The Guest will be liable for the cost of repairing any damage to the premises even if the cost of the damages exceeds the refundable deposit amount. Any lost keys or keys not returned, could result in locks, security tags and keys being replaced and the guest will be held accountable for such replacement costs.
6.20 The region is experiencing a dire water crisis, consequently water restrictions have been implemented by Local Authority in order to manage the situation. Excessive water usage will be considered negligence and any fines incurred will be for the Guests’ account. The Guest further acknowledges that infringement or restrictions of the Occupant’s enjoyment of certain facilities is out of Red Cherry Accommodation or the Supplier/Owner’s control as such are subject to the by laws governing the region. Neither Red Cherry Accommodation nor the Supplier/Owner shall be liable for any refunds, compensation or discounts as a result of services being unavailable due to the water restrictions.
7. Nuisance: -
7.1 The Occupants and visitors 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 Guest is responsible for the behaviour of everyone using the premises during the Occupancy period. The Guest undertakes to ensure that Occupants and visitors do not cause any nuisance to neighbouring occupants, occupiers of adjacent or other properties of which the premises may form a part of or in the vicinity of the occupied premises by any means whatsoever. Consequently, if in the opinion of Red Cherry Accommodation, the Supplier/Owner, or any other person in authority, the Guest, Occupants or his/her visitors behaves in a manner which causes or is likely to cause a danger, or damage to the premises or any excessive nuisance, Red Cherry Accommodation or the Supplier/Owner reserves the right to evict all Occupants and all monies paid will be forfeited and a minimum fine of R5000 shall be levied.
8. Termination: -
8.1 Upon the expiry or earlier termination of this agreement, the Guest shall:
8.1.1 Settle any amounts due, such as electricity, WIFI and/or telephone account for all calls between the telephone meter reading as at the occupation date and as at the termination date. The Guest shall settle such account immediately on presentation of an account from Red Cherry Accommodation. Failing such settlement, Red Cherry Accommodation shall be entitled to set off this amount against the breakage and security deposit held in terms of this agreement;
8.1.2 Settle the costs of any additional services requested by the Guest/Occupant and provided by the Supplier/Owner or Red Cherry Accommodation.
8.2 If the Guest wishes to extend the occupation period, and subject to the premises being available, this may be arranged with Red Cherry Accommodation for an agreed additional Occupancy fee, which shall be paid in advance by the Guest to Red Cherry Accommodation. It is specifically recorded that any future reservations between the Supplier/Owner and the Guest must be concluded through the services of Red Cherry Accommodation.
9. Breakage and Security Deposit: -
9.1 The breakage and security deposit shall be required on or before check-in and is used to cover any loss or damage suffered by Red Cherry Accommodation, the Supplier/Owner and/or any third party. The breakage and security deposit method and amount shall vary depending on the property booked. Use of the amount secured may include, but is not limited to, the replacement and/or repair of any damage or loss to the premises including its contents, replacement of lost keys, any noise penalty levied, any additional costs which may be incurred while occupying the aforesaid premises, including an administration fee of 5% on the full transaction, plus R350 per hour for managing the aforementioned replacement / repairs / damages. The funds after deduction (if any) will be released within (10) ten days of the check-out date unless the necessary repairs or replacement of broken/missing items take longer than this period to rectify.
9.2 Should the sum due and payable exceed the breakage and security deposit secured, the Guest agrees that he/she shall remain liable for the payment of the excess and hereby authorises Red Cherry Accommodation to deduct said amount from his/her credit card. Alternatively, the Guest shall attend to payment of the exceeded amount which is due and payable by him/her within 24 (twenty four) hours of Red Cherry Accommodation issuing its invoice.
9.3 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.
9.4 If the Guest hasn’t paid the breakage and security deposit in advance, the Guest undertakes and agrees to sign the credit card authorisation contained in the Booking Form to reserve the breakage and security deposit on his credit card in accordance with the said authorisation.
9.5 No occupation of the premises will be provided should the Guest fail to comply with the requirements as set out in paragraph 9.1 and 9.4 above.
9.6 The Guest may not under any circumstances whatsoever set-off monies owing by him/her in terms of the booking against the breakage and security deposit.
10. Death, Personal Injury or Loss of Property: -
10.1 The Guest, Occupants and visitors to the premises use the accommodation at their own risk. Neither Red Cherry Accommodation, any of its employees or officers, nor the Supplier/Owner of the premises shall be liable for any loss or damages which any person may suffer as a result of death, injury, theft, damage to premises, accident or any event of whatsoever nature occurring during the occupation of the accommodation, whether as a result of Red Cherry Accommodation (or its employees/officers) or the Supplier/Owner’s default, negligence or otherwise.
10.2 The Occupants must provide their own comprehensive travel, medical and other insurance which must be in force for the whole Occupation period.
10.3 The Occupants shall accept full responsibility for any accidents caused by or arising out of their own negligence, misuse of premises or failure to comply with applicable statutes and regulations. Equally, no claims of any sort will be entertained by the Supplier/Owner or Red Cherry Accommodation in the event of incidents occurring whilst Occupants or visitors are under the influence of alcohol or any drugs, whether therapeutic or not.
11. Breach: -
11.1 Unless otherwise recorded herein, in the event of the Guest, Occupants or visitors committing a breach of any of the terms contained herein, Red Cherry Accommodation or the Supplier/Owner shall call upon the defaulting party to remedy the breach. If the defaulting party fails to remedy said breach, Red Cherry Accommodation or the Supplier/Owner shall be entitled at his/her sole discretion and without prejudice to any of its other rights in law and/or in terms of this agreement, either to claim specific performance of the terms of this agreement or to cancel this agreement forthwith and without further notice and claim damages from said defaulting party.
12. Third Party Services & Products
12.1 Payment for additional and third-party services and products shall be in addition to accommodation payable upon presentation of invoice to the Guest. Where third party services and products are facilitated or arranged by Red Cherry Accommodation, Red Cherry Accommodation cannot be held liable and/or responsible for the quality and service delivery of such additional third party services and or products.
13. Description of Premises: -
13.1 Photographs, web information and descriptions are intended to give an overall impression of the premises. Red Cherry Accommodation cannot be held liable for any items of furniture or chattels, which appear in the description or photographs used in brochures/websites or via email, which may have changed or been removed from the property or any aspects of the property’s environment which may have changed since the photographs were taken. Minor differences between the actual premises and any description or illustration thereof may therefore exist. While Red Cherry Accommodation and the Supplier/Owner have taken all reasonable steps to ensure the accuracy of such description and/or illustrations, they will not be liable for any non-material errors or differences, or for any consequential damage as a result thereof.
13.2 Non-material differences in the description of the premises will not amount to a breach of the Agreement and will not entitle the Guest to cancel the booking.
14. Jurisdiction: -
14.1 In the event of a dispute arising between the parties, pertaining to this agreement or any obligations thereunder, such dispute shall be adjudicated in terms of the Laws of the Republic of South Africa regardless of the country, court or jurisdiction the dispute is heard or adjudicated.
14.2 The Guest hereby, consents to the jurisdiction of the Magistrate's Court at Cape Town, notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said court, and for that purpose, the parties accordingly give their consent in terms of Section 45 of the said Act.
15. Domicilium: -
15.1 The Guest chooses as his/her domicilium citandi et executandi for all purposes the address of the booked property.
15.2 All notices to be given to the Guest during the Occupation period shall be in writing and hand delivered to the premises or otherwise sent via e-mail at the address set out in the Booking Form.
15.3 All notices to be given to the Owner relative to the Booking shall be in writing and hand delivered to Red Cherry Accommodation or sent to Red Cherry Accommodation’s e-mail address appearing on the Booking Form.
16. General: -
16.1 The terms of the Booking Form, invoice and General Conditions of Occupation contain the entire agreement between the parties and therefore cancels and supersede any prior agreement between the parties, verbal or otherwise.
16.2 No alteration, variation or addition to the Booking Form or the General Conditions of Occupation shall be of any force or effect, unless reduced to writing and signed by the parties to this agreement or their authorized representatives.
16.3 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.
16.4 The Guest acknowledges that Red Cherry Accommodation acts simply as the conduit for the conclusion of the contract between the Guest and the Supplier/Owner of the premises. As such, the Guest entering into this agreement, acknowledges that any claim for damages, whether contractual or delictual, and stemming from any issues pertaining to the premises or booking or any other reason whatsoever, can only be made against the Supplier/Owner of the premises (inclusive of any claim made in terms of the Consumer Protection Act 68 of 2008) and that any right to claim damages against Red Cherry Accommodation for any reason whatsoever is hereby waived and all who occupy the premises under the Guest’s title.
16.5 If any provision or provisions of this agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms of this document are binding and all related transactions entered into between Red Cherry Accommodation and the Guest.
16.6 Red Cherry Accommodation reserves the right to substitute the premises with another similar or higher quality property should the booked premises become unavailable for any reason whatsoever.