BOOKING TERMS AND CONDITIONS
Terms & Conditions of Lease
Agent means In Residence by Pieter Brundyn (Pty) Ltd
Agreement means the Booking Form which includes the terms and conditions as set out herein.
Booking Form means this form as provided by the Agent to the Tenant.
Deposit means the non-refundable booking deposit as set out in the Booking Form and on the invoices issued by the Agent to the Tenant.
Breakage Deposit means the Breakage Deposit as set out in 5 below.
Force Majeure means any occurrence or act 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.
Inventory means the contents of the Property as of the date of occupation by the Tenant.
Owner means the registered owner of the Property.
Parties or Party means the Owner, Agent and Tenant.
Property or Properties means the Property as referenced in the Booking Form.
Tenant means the Tenant, whose full details are set out in the Booking Form.
The terms and conditions contained in the Booking Form cancels and supersedes any prior agreement between the parties, verbal or otherwise.
The Booking Form and the Booking Terms and Conditions contain the entire agreement between the parties.
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 authorized representatives.
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.
Any reference to the Tenant in this Agreement shall include the Tenants as well as all visitors, employees and invitees of the Tenant.
2. Suspensive Conditions
This Agreement of Lease (the ‘Agreement’), comprising the completed Booking Form and these Terms and Conditions of Lease shall have no force or effect until:
- The booking deposit has been paid in full and has cleared in the bank account of the Agent,
- Final approval of the short term lease is given in writing by the Owner;
- The details of the booking have been confirmed by the Agent in writing,
- The following information has been supplied by the Tenant to the Agent:
- Full names of all occupants of the Property as it appears on their respective passports,
- Copies of the passports/ID documents of all occupiers,
- Contact details,
- Arrival and departure details / flight details (Where applicable);
- A completed Booking Form has been signed by the Tenant; and
- The booking has been confirmed, by the Agent, in writing.
- Any amounts shall be deemed unpaid until such payment reflects in the bank account of the Agent.
- Until the Agreement of Lease becomes binding, the booking of the Premises is not secured by the Tenant.
- Please note that all reservations are subject to final approval in writing by the Owner.
- All rates are made in South African Rands (ZAR).
- All payments must be made in South African Rands (ZAR) via EFT transfer, net of bank charges or via secure payment link.
- ‘3 – 14’ night minimum stays are applicable throughout the year depending on the specific Property and the season.
- Should the Tenant pay for their reservation by credit card, the Agent shall charge an additional 3% surcharge.
- Quotes are subject to change until such time as the relevant deposit has been received, this includes quotes for services.
- Services are subject to availability.
4. Payment and Cancellation Terms
Payment terms as follows:
- A booking deposit payment of 50% is due within 72 hours of written confirmation by the Agent / Guest of the booking; and
- A balance payment of 50% plus the Breakage Deposit is due 30 days prior to arrival.
Cancellation terms as follows:
- The booking deposit is non-refundable;
- Should the Tenant cancel 30 days prior to the Commencement Date the Tenant can postpone the booking for a period of 12 months
subject to availability and the applicable seasonal and periodic rate changes; and
- bookings canceled less than 30 days before the arrival date, forfeit their full payment, excluding the breakage deposit.
5. Breakage Deposit
- 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 Tenant’s bank account within 20 (twenty) working days of the departure date specified within the
Agreement, on the basis that the Property is in the state in which, to the discretion of the Agent, it was handed over to the Tenant on the Commencement Date.
- 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 the Owner and the Tenant.
6. Breakage and/or Damages
- The Tenant shall be liable to pay the Owner for the cost of replacing or remedying any loss or damage (beyond normal wear and tear) to
the Property and/or the Inventory on or in the Premises and/or other structural fitting or improvement found anywhere on the Premises.
- Any lost keys or remote control gadgets not returned will result in the lock and keys/remote control being replaced, and the Tenant shall
be liable for such costs
- 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.
- The Tenant shall further be liable to pay, to In Residence, an administration fee of 10% of costs for the managing of the aforementioned
replacement /repairs /damages /losses /lost keys.
- The Agent, on behalf of the Owner, shall be entitled to recover such costs (as contemplated in this clause 6) from the Tenant, including
by deduction from the Breakage Deposit.
- The Tenant will be liable for any bookings lost by In Residence due to breakages / repairs being conducted after the Tenant has
- 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 Premises, whichever the later, less such amounts as are required to :
- replace or repair missing, broken or damaged items of whatever nature;
- pay any expense (other than the regular consumption charges in respect of electricity and water which are for the
account of the Owner); and
- pay any fines or extra charges levied on the Owner for non-compliance to municipal laws and bylaws as applicable.