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Luxury Villas to Rent in Cape Town

 

Luxury Villas, Beach Houses & Furnished Apartments in Cape Town

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(From time to time terms may alter slightly from Villa to Villa based on Owners Instructions)
1. CONDITIONS OF RESERVATION & RENTAL

1.1. The reservation of the Premises/ Villa shall only be confirmed once the duly signed copy of the Reservation Agreement together with proof of payment (to be effected by electronic transfer or as otherwise agreed to by the Owner/Manager) of the deposit is returned in writing to SA-Villa’s Management via fax +27 865116474. 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 40 days before arrival.

1.2. Should the full Rental not be paid by the due date for payment, the Agent shall be entitled to cancel this Agreement on behalf of the Owner should the Tenant not pay the full Rental within 24 (twenty four) hours of receiving written notice from the Agent/Owner 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 Agent, over and above the Rental, the agreed rate per night per additional occupant.

1.4. The check-in time for most Villas 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.

1.5. The Tenant will not have any right to claim damages or withhold any monies otherwise due to the Owner/Agent and/or the Owner on account of an alleged breach of this Agreement, any act or omission by the Owner/Agent, its employees, members and Owner/Agent 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’s willful misconduct or that of the Owner.

1.6. The Agreement in terms of which the premises/Villa are let to the Tenant is between the Tenant and the Owner, acting through SA-Villa’s as its Agent. The Agreement comes into effect and will be binding on the Tenant and the Owner on receipt by SA-Villa’s confirmation of reservation signed by the Tenant.

1.7. Cancellation Conditions:
• Non arrival without cancellation will be charged the FULL rental amount
• The Initial 50% Deposit is a non refundable.
• Cancellation 21 days to 7 days prior will forfeit 25% of the second deposit.
• From 7 days or earlier will forfeit the full rental


2. REFUNDABLE BREAKAGE AND SECURITY DEPOSIT

2.1. The Tenant undertakes and agrees to sign any documentation required by the Owner/Agent in order to freeze the breakage and security deposit. Upon the expiry or earlier termination of this Agreement, the Owner/Agent shall be entitled to withhold any amount owing by the Tenant to the Owner/Agent (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/Agent

2.2. The Tenant may not under any circumstances whatsoever set-off monies owing by him under the agreement against the breakage and security deposit.

2.3. 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.

2.4. 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 SA-Villa’s Management 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.



3. TENANT’S DUTIES, RIGHTS AND OBLIGATIONS

3.1. The Tenant shall -

3.1.1. allow the Owner/Agent, at all reasonable times, permission to enter the Premises to inspect same in order to view the condition and state of repair thereof; SA-Villa’s Management shall have the right to access the Premises at 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/Agent, which permission may be withheld at the Owner/Agent’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;

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 neighbors 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/Agent 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/Agent within a period of 48 (forty eight) hours as from the time the absence is notified to the Owner/Agent;

3.1.12. notify the Owner/Agent in writing, within 2 (two) days after the Occupation Date, of the absence of any of the items on the inventory, failing which the Tenant shall be deemed to have acknowledged that the inventory 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/Agent within a period of 48 (forty eight) hours as from the time the absence is notified to the Owner/Agent;

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. 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/Agent;

3.1.17. on termination of this Agreement, return and deliver to the Owner/ Agent 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/Agent which services are not recorded in 4.2 to this Appendix 1.

3.1.19. any indulgences granted by SA-Villa’s Management/Owner to the Tenant at any time shall in no way effect or act as a bar to SA-Villa’s Management/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/Agent 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/Agent, which consent may be withheld by the Owner/Agent in its sole and absolute discretion, and upon payment of the additional charge per person as set out in the Agreement not less than Rand 1000 p/p Per Night

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/Agent 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 Agent, 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/Agent'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 by weekly.

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 Agent, 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.

5. DESCRIPTION OF PREMISES

5.1. Minor differences between the actual Premises and any description or illustration thereof may exist. While the Agent 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 Agent that he/she is duly authorised 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/AGENT

7.1. For the avoidance of any doubt it is recorded that SA-Villa’s Management is acting as an Agent for the Owner and, accordingly it is agreed that neither the Owner, nor the Tenant, shall have any claim against the Agent arising out of, or pursuant to, the provisions of this Agreement.

7.2. The Agent 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 Agent for any fees (including any legal fees on an attorney and own client scale), cost expenses or charges incurred by the Agent in relation to such dispute. The Owner and/or the Tenant shall reimburse any such fees, costs, expenses or charges to the Agent on demand.


8. JURISDICTION

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 Agent, its employees, members of SA-Villa’s Management 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/Agent, 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 Agent 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.
 
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