TERMS & CONDITIONS – LEASE AGREEMENT
Please read our Terms & Conditions below,
by confirming your booking, we take it that you accept our Terms & Conditions.
PROPERTY: ARGYLE VILLA
– 17 Argyle Street, CAMPS BAY –
The reservation of the Premises shall only be confirmed once the duly signed copy of the Lease Agreement, and thereafter, the proof of payment by electronic transfer is reflecting in the bank account of Camps Bay Apartments.
The Tenant is required to pay 50% of the total rental amount, on confirmation in order to secure the lease request. The balance is due 30 days before arrival or in full prior to check on presentation of invoice. If confirmation is made less than 1 month prior to check in, then the full rental amount including the breakages deposit is to be paid on confirmation in order to secure the lease request. The R30,000 refundable breakages deposit is due no later than 7 days prior to check-in.
Should the full rental not be paid by the due date for payment or should the Agent/Tenant not pay the full ental within 24 hours of receiving written notice from Argyle Villa that such amount is due and payable, then Argyle Villa, shall be entitled to cancel this Agreement.
Should the number of occupants be increased, then the Tenant shall be obliged to pay Argyle Villa, over and above the Rental, the agreed rate per night per additional occupant.
The check-in time for the Premises 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, unless otherwise specified in writing.
A minimum stay of 4 nights is required.
The Tenant will not have any right to claim damages or withhold any monies otherwise due to the Owner/Serenity and/or the Owner on account of an alleged breach of this Lease Agreement, any act or omission by the Owner/Serenity, its employees, members and Owner/Serenity and/or the Owner, 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/Argyle Villa’s willful misconduct or that of the Owner.
- Failure to arrive without notice of cancellation – tenant will be charged the FULL rental;
- Notice of cancellation less than 14 days prior to occupation date – forfeit the FULL deposit;
- Notice of cancellation 14 to 21 days prior to occupation date – forfeit 75% of deposit;
- Notice of cancellation 31 days prior to occupation date – forfeit 50% of deposit;
- Notice of cancellation more than 31 days prior to occupation date – forfeit 25% of deposit;
REFUNDABLE BREAKAGE AND SECURITY DEPOSIT
1.8 The Tenant undertakes and agrees to sign any documentation required by Argyle Villa in order to freeze the breakage and security deposit or pay the breakage deposit by bank transfer. Upon the expiry or earlier termination of this Agreement, Argyle Villa shall be entitled to withhold any amount owing by the Tenant to Argyle Villa (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.
1.9 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 Argyle Villa.
1,10 The Tenant may not, under any circumstances whatsoever, set-off monies owing by him under the agreement against the breakage and security deposit.
1,11 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 as contemplated in terms of clause 1.16 below.
1,12 Argyle Villa Management 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 Argyle Villa or the Agent 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.
Argyle Villa is a Family only villa which allows family groups only.
An additional deposit of R20,000 is payable if the Tenant, in agreement with Argyle Villa, hosts more than 12 people on premises for the purpose of anything other than accommodation.
The Tenant will be fully liable for the full value of any damages that may be caused in the event that the amount of 12 people has been exceeded on the premises.
Functions are not permitted at the premises. The owner allows controlled get-togethers with a maximum of 20 people on the premises at any given time. The Tenant is responsible for any loss or damages which might result from suppliers/caterers/guests which have been booked by the Tenant, making use of the premises.
The Owner reserves the right to cancel any such functions, should the behaviour of the Tenants cause a noise nuisance or disturbance to neighbours or damage to property.
The Tenant must request, in writing, consent from an Owner to host a function. Such written request must expressly record that the tenant takes full responsibility for all, or any, damage that may be sustained to the property arising from such function; guarantee adequate security and an undertaking to provide notice to neighbours of the property of such function. Proof of payment for the additional deposit is required 24 hours before the commencement of such function.
The Tenant shall inform neighbours of any functions being held at the premises that might cause a disturbance to the peace and tranquility of the neighbourhood.
Filming, photo shoots or any activity other than accommodation that is active at the premises without notice will be penalised. The owner has the right to cancel and evict Tenants with a non-refundable cancellation fee and a damage penalty.
1. TENANT’S DUTIES, RIGHTS AND OBLIGATIONS
The Tenant shall:
1.1.1 Allow Management/Serenity at all reasonable times, permission to enter the Premises to inspect same in order to view the condition and state of repair thereof. Management/Argyle Villa shall have the right to access the Premises as any time as well as to affect any repairs necessary;
1.1.2 Not sub-let the whole or any part of the Premises to any third party save with the express written permission of Argyle Villa which permission may be withheld at Argyle Villa’s sole and absolute discretion;
1.1.3 Not make any alterations or additions to the Premises;
1.1.4 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;
1.1.5 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 neighbours of the Premises;
1.1.6 Comply with the rules of the Body Corporate (if applicable) and the Estate Agency Affairs Board SA.
1.1.7 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;
1.1.8 Keep and maintain the interior of the Premises in good order and condition;
1.1.10 Make good any damage caused to the Premises by means of Serenity approval & Serenity Suppliers only;
1.1.11 Notify Serenity 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 Serenity within a period of 48 (forty eight) hours as from the time the absence is notified to Serenity;
1.1.12 Notify Serenity in writing, within 2 (two) days after the Occupation Date, of the absence of any of the items on the inventory if available, failing which the Tenant shall be deemed to have acknowledged that the inventory and contents 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 Serenity within a period of 72 (seventy two) hours as from the time the absence is notified to Serenity;
1.1.13 not cede and/or delegate any of his rights and/or obligations under this Agreement;
1.1.14 Ensure that refuse does not remain on or outside the Premises, save in the place provided therefore;
1.1.15 Not keep any animals or pets on the Premises;
1.1.16 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 theSerenity;
1.1.17 On termination of this Agreement, return and deliver to Serenity the Premises in good order and condition (fair wear and tear excepted);
1.1.18 Bear the costs of any additional services requested by the Tenant and provided by Serenity which services are not recorded in 4.2 to this Appendix 1; and
Any indulgences granted by Serenity to the Tenant at any time shall in no way effect or act as a bar to the Owner enforcing its rights at any time for any similar or other breach or failure on the part of the Tenant.
1.1.19 The Tenant shall advise the Serenity 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 Serenity, which consent may be withheld by Serenity in its sole and absolute discretion, and upon payment of the additional charge per person as set out in the Agreement.
If the Tenant wishes to extend the Occupation Period, and subject to the Premises being available, this can be arranged with Serenity 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.
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.
2. OWNER’S DUTIES, RIGHTS AND OBLIGATIONS
Serenity, 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/Serenity’s sole and absolute discretion, is unacceptable or offensive.
Serenity undertakes to, at its own cost, and for the duration of the Occupation Period –
2.1.1 Ensure that the Premises are clean, in good order and condition and suitable to be let as executive accommodation;
2.1.2. Ensure that the Premises is let with all the furnishings, fittings, appliances, equipment and amenities represented by Serenity as being on or forming part of the Premises;
2.1.3 Provide a char service not less than 5 (five) times a week on Business Days only;
2.1.4 Ensure that linen is changed at least once a week;
2.1.5 Provide a pool service (where necessary) not less than once a week;
2.1.6 Provide a gardening service (where necessary) not less than once bi-weekly.
2.1.7 To ensure 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 Owner’s control.
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 Serenity, 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.
3. DESCRIPTION OF PREMISES
Minor differences between the actual Premises and any description or illustration thereof may exist. Whilst Serenity 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.
Immaterial 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.
4. TENANT’S AUTHORITY
The Tenant hereby warrants to and in favour of the Owner and Serenity that he/she is duly authorized to enter into the Lease Agreement and to bind the occupants to the Lease Agreement and the Terms and Conditions of Occupation as set out herein.
The Tenant assumes full responsibility for the obligations of the occupants under this Agreement.
5. NON-LIABILITY OF OWNER/ SERENITY
For the avoidance of any doubt it is recorded that Serenity (represented Daniela Ciman) is acting as Manager for the Owner and, accordingly it is agreed that neither the Owner, nor the Tenant, shall have any claim against Serenity arising out of, or pursuant to, the provisions of this Agreement.
Serenity 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 Serenity for any fees (including any legal fees on an attorney and own client scale), cost expenses or charges incurred by it in relation such dispute. The Owner and/or the Tenant shall reimburse any such fees, costs, expenses or charges to Serenity on demand.
This agreement shall be interpreted and governed in accordance with the laws of the Republic of South Africa.
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.
The Tenant will be liable for legal costs 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.
7. EXCLUSION OF LIABILITY AND INDEMNIFICATION
The Owner, Serenity, its employees, members and assigns 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/ Serenity, its employees, members and managers and/or the Owner or any other person or cause.
The Tenant herewith indemnifies the Owner/ Serenity 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.
This agreement constitutes the whole agreement between the Owner/Serenity Tenant and no undertakings, emails, warranties and representations not recorded herein will be of any force and effect unless reduced to writing and signed by both parties.
This property is marketed as vacation rental for families only and is solely to be used for accommodation purposes.
Serenity is a Private Property situated in a Residential Area which conforms to the by-laws set out by the Estate Agency Affairs Board SA.
Tenants making use of the property need to kindly adhere to these by-laws and respect the peace and tranquility of the neighbouring permanent residences.
No Loud Noise & No Loud Music is allowed between:
10h00pm – 8h00am on Weekdays &
11h00pm – 8h00am on Weekends
Guests are requested to decrease noise volumes or to kindly move inside during these times.
Music, Noise & Disturbance:
Please keep noise levels down after hours, when socialising on the outdoor deck & patio.
No sound equipment or speakers may be brought in and used on the property.
No hooting, loud noise or shouting in the streets is permitted.
Kindly note that the property is equipped for the daily usage of 12 adults + 2 children only.
Entertaining, Dinners & Barbeques:
We do allow quiet, relaxed dinners & barbeques by prior arrangement.
An additional fee of R300-600 per day will be charged for the additional cleaning required and a function fee may be charged if approved.
Please note that the amount of people may not exceed 20.
Parties, events & functions including bachelor or bachelorette parties are not permitted.
Check-in Registration & Deposit:
All guests making use of the facilities need to register at the check-in. A damage deposit of R20,000 will be placed on authorization hold by the property manager when registering at the check-in. Please provide a Visa/Master Credit Card for an imprint to be taken.
Failure to comply to the above noise rules will result in the following:
A R1,000 fine for every call-out to the property to warn (and quieten) the tenant, should we
Receive excessive noise complaints from neighbours;
Should it come to our attention that a loud party is being held, we reserve the right to evict immediately with no refund of monies paid;
Should immediate eviction not be possible, private security guard/s may be commissioned by us to ensure the above noise conditions are adhered to. The cost of this will be for your account. Eviction will then take place the next day;
Should inordinate levels of noise be heard from the property after these hours, a penalty of R20,000 may be imposed on the tenant and may be deducted from the damage deposit.
No illegal activity is permitted.
RIGHT OF ADMISSION IS RESERVED
Guest/s attend this establishment at their own risk.
The Proprietor, its agent/s and/or its employee/s (“the Proprietor”) shall not be liable
for, and the guest/s hereby waive/s and abandon/s any claims of whatever nature including but not limited to that for theft, injury, loss or damage of whatever nature, against the Proprietor, whether arising from the Proprietor’s default, negligence or otherwise.
The guest/s, in addition to the aforesaid, hereby indemnify the Proprietor against any claims which may arise from whatever nature, whether arising from the Proprietor’s default, negligence or otherwise.
This disclaimer notice is prominently displayed throughout the property and is valid and automatically considered as accepted by guest/s entering the property.
PLEASE NOTE THAT ALL VALUABLES NEED TO BE LOCKED IN SAFES PROVIDED, AT ALL TIMES.
Kindly note that when booking this property, The Tenant/Tenants agree to the Property Rules.
All Tenants, guests, suppliers, caterers booked by the Tenant, will fall under the responsibility of the tenant, should any loss or damage occur.