TERMS AND CONDITIONS FOR HOLIDAY ACCOMMODATION
BOOKING
1. Upon confirmation of the Rental, a 50% Deposit is required within 7 working days to secure the booking.
2. A R12 500 Breakage/Damage Deposit is added to the Rental Total. The Breakage/Damage Deposit is refundable in accordance with the post- departure check, unless the Guest makes a future booking, in which case the deposit is retained.. In the event of damages exceeding R12 500, you will be liable and invoiced accordingly.
3. All damages will attract an Administration fee equal to 20% of the damages, with a minimum of R 500 + VAT.All payments must be made free of deductions, bank charges or set offs. Any fees or charges incurred from the transfer of funds relating to your booking, are for the account of the Guest, and will be deducted off the Breakage deposit.
4. All bank charges relating to deposit refunds or any other payments made to international accounts are for the account of the guest. In the case of payments to national bank accounts, an administration fee of R25.00 per transaction will apply.
5. The balance of the Rental Total is required 30 days prior to your Arrival Date, unless otherwise stated.
6. A standard “Exit Cleaning & Inspection” will be conducted at the end of every booking and attracts a fee in the amount of R 1500 + VAT. This amount is due and payable by the guest in advance together with the balance of Total Rental payment above.
7. Failure to comply with the terms of payment can result in the cancellation of the reservation and the forfeiture of the deposit.
8. Rental Deposits are non-refundable in the event of cancellation by the Guest, except in the case of Force Majeure. Should Harcourts Platinum Erinvale manage to re-let the premises for the same period and rate, a refund will be made after the occupation date. An administration fee of 20% plus VAT of the total rental will however be charged.
9. Should travel restrictions be implemented in either the country of origin or South Africa that will make it impossible for the Guest to travel, the following process shall be followed:
9.1 The Guest must follow the cancellation process by completing a Cancellation Request and submit it to Harcourts Platinum Erinvale at the earliest 21 days before the Arrival date.
9.2 Proof must be provided, issued by the travel agent or relevant government institution, that the travel ban will be current at the time of travel needed to meet the Arrival date.
9.3 On receipt of the Cancellation request, Harcourts Platinum Erinvale will present and motivate the request with the Property Owner to consider a number of options which may include Rescheduling the Holiday dates for a mutually acceptable future date, a full refund, or a part refund depending on whether the property is re let again for the same period and rate, or other terms acceptable to the property owner.
9.4 If the travel ban, lockdown or other Force Majeure event is completely out of control of either parties and preventing either of them to fulfil their obligations under this contract, a full refund, excluding exchange control variations, banking fees, and a 20% plus VAT administration fee, will be made.
Should the Owner sell the Property, then notwithstanding any other circumstances which may arise, the following process will be followed:
10.1 If the sale agreement is concluded within 3 months of a secured and accepted booking, the Owner undertakes not to allow transfer to take place before the departure date, or to ensure the booking obligation is carried over to the new owner on substantially the same terms and conditions.
10.2 If the sale agreement is concluded longer than 3 months from a secured and accepted booking, then the owner will arrange alternative accommodation of a similar size and nature. If, after all reasonable effort has been made by the Owner (evidence to be provided on request) an acceptable alternate is not found, the guest will be refunded in full.
10.3 In all such circumstances where a sale agreement is concluded, the Owner will be obligated to notify the Guest within 7 days thereof and to conclude the alternate arrangements as applicable within 21 days of such sale agreement.
10.4 In the event of cancellation in 9.2 above, the Owner will still be liable for all Agent fees due to Harcourts Platinum Erinvale as liquidated damages. Such fees become due on cancellation, unless expressly waived in writing by Harcourts Platinum Erinvale, and are payable by the Owner and not the guest.
11. Harcourts Platinum Erinvale acts solely as the Agent for the Property Owner. The agreement is made between the Owner of the Property and the Guest.
12. The Agent is irrevocably instructed to pay the Rental Deposit to the Owner within 7 days of receipt of such payment after deduction of any charges due to the Agent. The Guest confirms that he has been advised that no monies will be retained by the Agent and in the event of a dispute regarding the refund of any amounts paid to the Owner or a portion thereof, the Agent is indemnified by both parties against any claims in this regard.
ARRIVAL
13. The accommodation is available from 2:00pm on the day of arrival and must be vacated by 10:00am on the day of departure unless prior arrangements have been made.
14. Keys are to be collected on arrival and returned on departure at the offices of Harcourts Platinum Erinvale, 1 Guardian Crescent, Erinvale Estate, Somerset West. The Guest must secure the premises thoroughly on departure and return the keys to Harcourts Platinum Erinvale.
15. It is acknowledged that Harcourts Platinum Erinvale has described the accommodation to the Guest and that the Guest has the right to check the accommodation prior to making the booking. There will, therefore, be no grounds for cancellation on arrival.
16. The Property Owner acknowledges that on arrival, the property and contents are in good order and condition and the Guest acknowledges they will be responsible for any losses and/or damages. A full inventory of the property is available to the Guest.
STAY
17. During a guest’s stay neither Harcourts Platinum Erinvale, nor the owner of the property can be held liable for any injuries or accidents that occur during their stay on Erinvale. The Guest hereby indemnifies the owners and Harcourts Platinum Erinvale against any accidental damage and/or personal liability during their stay.
18. Guests are not allowed to do any repairs to the property. The Guest should inform Harcourts Platinum Erinvale immediately if any damage occurs. Harcourts Platinum Erinvale will inform the Property Owner and act according to their instructions.
19. The number of Guests & approved Children may not exceed the specified persons permitted under the approved booking, unless otherwise agreed in writing. Should the Guest not comply, then they are in breach of this agreement.
20. NO Smoking is allowed inside the property and this constitutes a break of this Agreement. Should there be evidence of smoking inside the property then the Guest is liable for all deep clean and dry cleaning costs required to rectify the condition of the property to the Property Owners’ satisfaction.
21. No pets will be allowed and this constitutes a breach of this Agreement.
22. Should the Guest be in breach of this Agreement the Property Owner has the right to terminate this Agreement, in which case the balance of the Rental and Breakage Deposit may be forfeited, at the discretion of the Property Owner.
23. WIFI will be available. Other Satellite or smart TV systems, such as Deukom, may be arranged at extra cost on request, and will attract an Administration fee of R 500 + VAT payable to Harcourts Platinum Erinvale.
24. A cleaning service will be assigned to the property once a week, unless otherwise arranged. Additional cleaning may be available at the Guests’ cost.
25. A pool and garden service will be assigned to the property once a week, unless otherwise arranged.
26. The Guest acknowledges that the property is booked as self-catering.
27. The Guest acknowledges that they are bound by all municipal and Estate rules and regulations as prescribed by the City of Cape Town, the Erinvale Home Owners Association and the Erinvale Golf Club as applicable. The Guest assumes full responsibility for all such costs and damages suffered by the property owner resulting from any contravention of municipal rules, regulations, and restrictions. All such costs will be deducted from the Security Deposit at the conclusion of the booking and after receipt of the respective invoices.
28. Although drought restrictions have been lifted at present, it is still asked that a conscious effort is made to use water sparingly and to keep water conservation in mind at all times.
GOLF
29. Golf tee-off times are limited, and no guarantee can be given that the Guest will be able to play on the course.
30. Golf bookings can be made directly at the Golf Club, at the discounted Affiliated rates. Guests need to show their Signed Tenancy Agreement to be able to qualify for the discounted rates.
31. Golf carts are not included in the rent unless agreed upon in writing prior to the time. Harcourts Platinum Erinvale are able to arrange for Golf Cart rental for the Guest at the Guests’ cost and must be advised at the time of booking if this is required.
32. Persons not in possession of a valid driver’s license are not allowed to drive golf carts on the Estate. 33. The Guest indemnifies Harcourts Platinum Erinvale, the owner of the property, the Erinvale Home Owners’ Association, and the Erinvale Golf Club against any injury, loss, damage or any claims arising during the above rental period.
DEPARTURE
34. The Tenant must ensure the property is well secured and all lights are switched off on departure. The Guest must ensure the property is well secured and all lights and air-conditioning is switched off on departure, and that the keys are returned to Harcourts Platinum Erinvale.
35. A full check of the property, as well as a full inventory is performed by Harcourts Platinum Erinvale once the Guest has departed.
36. Any breakages will be deducted from the R12 500 Breakage Deposit and attract an Administration fee of 20% or R500 + VAT, whichever is the greater.
37. On confirmation from the Property Owner, the Breakage Deposit will be refunded to the Guest, less any necessary deductions incurred as specified in this Agreement.