BOOKING TERMS AND CONDITIONS

The Lessor, represented by Capetown Luxury Villas Pty Ltd (acting as its agent and not as principal), leases the premises to the Guests based on the terms and conditions outlined in the Confirmation of Reservation and these Booking Terms and Conditions. The Guest is responsible for ensuring that these terms and conditions are communicated to the payer and all other attendees. They will govern their relationship with the Lessor and its representatives.

1 PERIOD OF RENTAL

1.1 The Guest may occupy the premises after 14h00 on the arrival date in the Confirmation of Reservation. An earlier arrival time may be arranged, subject to agreement between the parties, and the Guests may be required to pay a surcharge.

1.2 The Guests shall vacate the premises before 10h00 on the departure date set out in the Confirmation of Reservation and restore possession thereof in good order, condition and repair to the Lessor. A later departure time may be arranged, subject to agreement between the parties, and the Guests may be required to pay a surcharge.

1.3 If the Guest wishes to extend the rental period, this must be arranged through Capetown Luxury Villas on the following conditions:

1.3.1 The premises must be available for a further rental period;

1.3.2 The extension and additional rental must be agreed to in writing by the Guests and Capetown Luxury Villas, acting on behalf of the Lessor;

1.3.3. The Guest has paid the additional rental in full before the initial departure date designated on their Confirmation of Reservation. The Breakage Deposit explained in 3.3 shall not be used for such other rental.

1.3.4 The terms of this agreement shall continue to apply during the further rental period;

1.3.5 The Guests shall vacate the premises and restore possession to the Lessor at 10h00 on the agreed extended departure date or as arranged between the parties.

2 GUESTS

2.1 Only the Guest/s listed in the Confirmation of Reservation are authorised to stay on the premises. They must not permit other individuals to occupy the premises unless they have obtained written permission from the Lessor beforehand. If this restriction is violated, a fee equivalent to the per-person cost per night (as specified in the Confirmation of Reservation) will be imposed.

2.2 The total number of Guests staying in or on the premises must never exceed the maximum number specified in the Confirmation of Reservation.

2.3 The Guest is not authorised to sublet, transfer, or assign any of their rights related to this agreement or the premises to any other party, as these Booking Terms and Conditions are personal to the Parties involved.

2.4 All Guests and visitors must comply with the regulations and by-laws governing the residential zone where the property is located. The Guest agrees to respect the peaceful atmosphere of the adjacent permanent residences. Noise levels should be kept to a minimum during non-business hours when socialising outside, and external sound equipment or speakers are not allowed on the premises. Making loud noises or shouting in the streets is also prohibited, and the Guests guarantee that they will abide by these rules.

3 BOOKING FEES AND PAYMENTS

3.1 Payments

3.1.1 Capetown Luxury Villas requires that all payments be made via direct deposit into the account specified on the invoice. The payment must be made without any deduction, set-off, or bank charges and at the prevailing currency exchange rate.

3.2 Rental Fee

3.2.1 The rental fee for the premises will be according to the amount stated in the Confirmation of Reservation or, if the Guest is acting through an agent (hereafter referred to as “the Agent”), as arranged between Capetown Luxury Villas and the Agent of the Guest.

3.2.2 As stated in the Confirmation of Reservation (or as agreed upon between Capetown Luxury Villas and the Agent of the Guest, if applicable), a portion of the rental fee must be submitted as a deposit (“the rental deposit”) on the specified date in the Confirmation of Reservation. The reservation will only be confirmed if Capetown Luxury Villas receives the rental deposit on the specified date. An email confirming the deposit payment must be promptly sent to admin@villaconcepts.com. 

3.2.3 The remaining rental balance must be settled on or before the date indicated in the Confirmation of Reservation. Capetown Luxury Villas must receive the total rental amount and Breakage Deposits before the Guest can move into the premises.

3.3 Breakage Deposit

3.3.1 The Guest must provide a Breakage Deposit to Capetown Luxury Villas, as indicated in the Confirmation of Reservation (or agreed upon between Capetown Luxury Villas and the Agent). This deposit will be held in the account of Capetown Luxury Villas on behalf of the Guest unless all parties have agreed that the Lessor will hold the deposit. The Lessor and Capetown Luxury Villas reserve the right to use all or a portion of the deposit to pay for any liability that is the Guest’s responsibility. This includes, but is not limited to, damages to the premises, replacement of missing inventory items, unpaid charges for additional services, and legal fees, if necessary.

3.3.2 Capetown Luxury Villas will hold onto the Breakage Deposit until any necessary repairs or replacements have been completed. If no such repairs or replacements are required, the Breakage Deposit will be returned to the Guest within seven days after their departure date. Should there be deductions from the Breakage Deposit, the Guest must pay an R350.00 administration fee to Capetown Luxury Villas, subtracted from the deposit for each item that Capetown Luxury Villas sources and replaces.

3.3.3 It is recommended to pay the refundable damages deposit via credit card for international payments. 

3.4 Additional Expenses

3.4.1 If any additional expenses were not included in the initial invoice, the Guest is responsible for paying for them upon request by Capetown Luxury Villas. These expenses may include but are not limited to laundry services, personal security, extra transportation, costs for replacing any damaged or broken items, excursions, and other experiences. 

3.4.2 Capetown Luxury Villas reserves the right to subtract the corresponding amount from the Guest’s Breakage Deposit if the Guest fails to settle the costs or if there is a disagreement over their liability for the expenses.

3.4.3 Capetown Luxury Villas charges a concierge fee of 15% on any additional services purchased on behalf of the Guests. The concierge services offered typically encompass a range of helpful amenities. These may involve arranging transportation, such as airport transfers or car rentals, and making reservations at desired restaurants or events. Additionally, they can assist with booking tickets for shows, concerts, or sporting events and recommending and scheduling spa services or wellness activities. Other benefits may include handling grocery shopping or coordinating food delivery, organising laundry or dry-cleaning services, and assisting with luggage storage or handling.

3.5 Bank Charges

3.5.1 The Guest shall be responsible for any bank fees incurred concerning the rental or Breakage Deposit payment. Capetown Luxury Villas reserves the right to deduct any banking charges not covered by the Guest from the Breakage Deposit.

4 GUESTS OBLIGATIONS

4.1 The individuals staying at the property, including their guests, the booking agent, the payer, and their attendees (hereafter referred to as “Guests”), are collectively and individually responsible for obtaining and maintaining comprehensive travel, personal, health, and general insurance. This insurance should be sufficient to cover all possible risks, including unforeseen events such as Force Majeure. Guests should be insured for any property damage, loss, destruction, injury, or death, and they must irrevocably indemnify Capetown Luxury Villas for any liability in this regard.

4.2 The guests shall:

4.2.1 Guests must verify that all reservation details are correctly captured in every quote and invoice. Capetown Luxury Villas will not be liable for any loss, damages, delays, or cancellations resulting from incorrect information supplied by Guests or recorded in our documentation.

4.2.2 The Lessor or Capetown Luxury Villas should be granted access to the premises at reasonable times to inspect the condition and state of repair. If required, the Lessor will be entitled to carry out repairs.

4.2.3 Keep the premises clean, habitable and tidy.

4.2.4 Refrain from making any alterations or additions to the premises or any part thereof.

4.2.5 Refrain from doing or allowing anything that could damage the premises or any part thereof;

4.2.6 Refrain from creating any noise or disturbance (such as loud music, shouting, or loud TV) that would disrupt the peaceful and quiet enjoyment of the neighbouring premises in accordance with local municipal regulations.

4.2.7 The premises should only be used for accommodation purposes, and Guests should obtain written permission from the Lessor or Capetown Luxury Villas before hosting any parties or events of any kind.

4.2.8 Guests should not use the premises as a photographic or film location or venue for an event involving anyone other than those specified in the Confirmation of Reservation.

4.2.9 Pets should only be kept on the premises if prior written permission has been obtained from the Lessor or Capetown Luxury Villas.

4.2.10 Guests should follow any specific house rules detailed in the Annexure of the Confirmation of Reservation, which apply to using the premises as determined by the Lessor or Capetown Luxury Villas. If applicable, guests must also adhere to any rules of the Body Corporate.

4.3 The Agent of the Guest warrants that they have the authority to transact on behalf of the Guest as the principal and indemnifies Capetown Luxury Villas for any loss or damage suffered by them due to the Agent’s lack of authority or proper mandate from the Guest.

5 LESSORS OBLIGATIONS

5.1 The Lessor shall ensure that:

5.1.1 The Guests can occupy the premises per the stipulations in the Confirmation of Reservation, subject to any exclusions and force majeure events.

5.1.2 All remote controls, security discs, and keys for the premises’ internal and external doors, gates, and garage doors are in good working condition, easily accessible, and clearly labelled.

5.1.3 Adequate and neatly laid out operating instructions for appliances and equipment, such as washing machines, swimming pools, security alarms, etc., are provided. The position of both the water stoppage and the electricity box must be indicated. 

5.1.4 Public liability insurance covers the premises, and visible fire extinguishers are present. 

5.1.5 No pets, domestic or other animals, are to be kept on the premises unless alternative arrangements are made and agreed to in writing between the parties.

5.1.6 Adequate and clean supplies of crockery, cutlery, clothes hangers, bedding, and linen (including an extra set of each) are provided in good condition. Additionally, at least two towels per guest are also provided.

5.1.7 Sufficient heaters and fans are provided on the premises.

5.1.8 All utility bills, such as internet, electricity, and water, along with other service bills, such as gardening and pool services (if applicable), must be settled.

5.1.9 The premises must be provided in a well-maintained and immaculately clean state. All appliances, fixtures, equipment, and amenities must be in good working order.

6 Capetown Luxury Villas RIGHTS AND OBLIGATIONS

6.1 Capetown Luxury Villas (Capetown Luxury Villas Pty Ltd) acts as the authorised representative of the Lessor and only acts as an agent on behalf of the Lessor. They do not transact as a principal in this agreement. 

6.2 Capetown Luxury Villas reserves the right to terminate this agreement and the Guests’ occupation of the premises, in its sole and absolute discretion, if they commit a severe material breach of this agreement. In such cases, the Guests shall have no claim against Capetown Luxury Villas or the Lessor for the early termination of the agreement.

6.3 If this agreement is terminated under this clause, the Guest will be given written notice at least 12 hours in advance and will be obligated to vacate the premises at their own cost immediately following the end of this period. The Guest agrees not to hold the Capetown Luxury Villas or the Lessor responsible and waives any right to seek compensation or reimbursement for any payments made to Capetown Luxury Villas Pty Ltd.

6.4 . Capetown Luxury Villas shall accept all payments set out herein on behalf of the Lessor.

6.5 The Lessor authorises Capetown Luxury Villas to take necessary and reasonable actions to maintain the premises in the best interests of the Lessor and at the Lessor’s expense. The Lessor will reimburse Capetown Luxury Villas for its reasonable costs and services.

6.6 The Parties acknowledge that Capetown Luxury Villas may rent out the premises to a third party if the Guest cancels or fails to arrive within 24 hours of the scheduled arrival date. This may result in charges and cancellation fees for which the Guest is responsible.

7 INDEMNITY AND LIMITATIONS OF LIABILITY 

7.1 The Indemnified Parties, namely Capetown Luxury Villas and the Lessor must make reasonable efforts to prevent accidents, injuries, damage, and inconvenience to Guests. They also must ensure that the equipment and facilities are in good working order. However, under the Indemnity & Limitations of Liability clause, Guests accept that there are inherent risks associated with renting the premises or using its amenities. These risks cannot be eliminated despite the Indemnified Parties’ care and precaution. As such, Guests voluntarily acknowledge and assume these risks.

7.2 Under the terms of this agreement, the Guest agrees to indemnify Capetown Luxury Villas and the Lessor against any liability, loss, claim, or legal action (collectively referred to as “Claims”), including Claims brought by any other parties, resulting from death, bodily injury, illness, damage to property, physical loss of property, or unlawful conduct by the Guests.

7.3 The Guests and any minor children staying at the premises assume all risks and declare that they are familiar with the inherent risks associated with its use. As stated in section 7.2, they indemnify the Indemnified Parties against any and all risk, loss, or damage of any kind.

7.4 If the premises include amenities such as a swimming pool, sauna, tennis or squash courts, the Guests use them at their own risk. It is essential to supervise children at all times when using these facilities.

7.5 The Guests irrevocably warrant, agree, and undertake as follows:

7.5.1. The Guests must comply with the terms and obligations set out in the agreements.

7.5.2. The Guests must follow all laws of the Republic of South Africa, including sexual, alcohol, drug, and noise nuisance offences.

7.5.3. The Guests must not commit or allow any criminal offence or unlawful act on or around the premises.

7.5.4. If a visitor or third party enters or occupies the premises by arrangement with or at the invitation of a Guest, they must not commit any criminal offence or unlawful act or cause any loss or damage to the premises.

7.5.5. If the Guests breach the agreement, they will be liable for any loss, damage, penalty, or injury that the Indemnified Parties may sustain. The Guests must hold Capetown Luxury Villas and the Lessor harmless against all loss, damage, or injury from any cause arising, regardless of whether such breach can be legally attributed to the Guests.

7.5.6. The Guests must pay on demand any sum owing to Capetown Luxury Villas and the Lessor arising from the indemnity in paragraph 7.5.5.

7.5.7. The Lessor may apply the deposit to pay any amount owed regarding the above indemnity.

8 PRIVACY POLICY & CONSENT REGARDING PERSONAL INFORMATION

8.1 The Guets warrants that:

8.1.1. The personal information provided for all Guests is accurate, up-to-date, and valid, and undertake to inform Capetown Luxury Villas and the Lessor immediately of any changes.

8.1.2. They understand and consent that personal information provided will not be disclosed to any third party except as disclosed herein or required by law. They also agree to be contacted by Capetown Luxury Villas and the Lessor through the personal information provided and for such information to be retained and used.

8.1.3. Capetown Luxury Villas will only provide the Guests’ personal information to third parties for legal accounting and financial compliance, facilitating payment, refunds, extras, and services to the Guests or the Lessor’s premises.

8.1.4. They will ensure that each Guest is aware of this consent and acknowledges the right to withhold certain information from Capetown Luxury Villas and the Lessor, and must do so in writing to admin@villaconcepts.com.

8.1.5. They agree that Capetown Luxury Villas and the Lessor have no control over the management and utilisation of their personal information provided to third parties and accordingly indemnify and hold them harmless against any damages or losses resulting from a breach of third-party obligations under the Protection of Personal Information Act.

8.1.6. They consent to the transfer and storage of their personal information cross-border and that Capetown Luxury Villas and the Lessor will take steps to afford the same level of protection to such data as that processed in South Africa.

8.2. By providing personal information, the Guest agrees to allow Capetown Luxury Villas to use and store the data and send emails with news and special supplier offers. They may opt out of these emails anytime by clicking unsubscribe or emailing admin@villaconcepts.com.

8.3. The website may use cookies to customise and improve the visitor’s experience. Cookies are small text files containing only visitors’ information and cannot harm the computer. Visitors may configure their browsers not to accept cookies.

8.4. The Guest agrees to allow telephone calls to be recorded for quality control and to maintain service standards. They also agree to allow any content generated on social media platforms or directed to Capetown Luxury Villas to be used by them or any third party with their consent. The Guest waives any rights to such content and irrevocably licenses it to Capetown Luxury Villas at no fee.

9 FORCE MAJEURE OR DESTRUCTION OF THE RENTAL PREMISES 

9.1. Capetown Luxury Villas and the Lessor shall not be held liable to the Guest, their Agent, or any payer or attendees (referred to as “Other Party”) for any adverse effects on contractual obligations due to unforeseeable events beyond their control. These Force Majeure Events include but are not limited to war, civil strife, terrorist activity, government actions, natural disasters, adverse weather, transportation limitations, supply shortages, liquidation, and legal impediments.

9.2. If a Force Majeure Event leads to the termination of the rental or cancellation of Extras by a Supplier, Capetown Luxury Villas and the Lessor’s obligations will be terminated, except for the obligation to refund the Guest as per paragraph 12 below (if applicable) and the Guest’s obligation to pay the reservation fee (paragraph 11 below).

9.3. In the event of total or partial destruction of the premises or any portion not caused by the Guest or any occupant, Capetown Luxury Villas will endeavour to provide suitable alternative accommodation for the Guest.

10 BREACH

10.1 If the Guest materially breach this agreement, Capetown Luxury Villas will be entitled to take the measures and sanctions outlined in this document.

11 FEES

11.1 Capetown Luxury Villas charges a reservation fee of 12% of the Reservation Costs. Capetown Luxury Villas considers this fee earned when the Guest confirms the reservation and pays the deposit. Once the price is earned, it becomes immediately payable and non-refundable. The Guest agree that this fee may be deducted from any payments made to or held by Capetown Luxury Villas, and it will not form any part of a cancellation refund.

12 CANCELLATIONS AND REFUNDS

The following provisions govern cancellation and reservation fees:

12.1. If the Guest cancels or shortens their reservation more than three months before the date of arrival, Capetown Luxury Villas and the Lessor will charge a cancellation fee equal to 30% of the Reservation Costs, plus an administration fee of R750.00.

12.2. If the Guest cancels or shortens their reservation less than three months before the date of arrival, Capetown Luxury Villas and the Lessor will retain the full 50% rental deposit, plus an administration fee of R750.00, as a cancellation charge.

12.3. If the Guest cancels or shortens their reservation less than six weeks before the date of arrival, Capetown Luxury Villas and the Lessor will retain 75% of the Reservation Costs as a cancellation charge, regardless of the reason for cancellation.

12.4. If the Guest cancels or shortens the rental less than four weeks before the date of arrival after the full accommodation fee has been paid, the total Reservation Cost will be retained.

2.5. Any refunds due to the Guest are subject to exchange control approval, if applicable, and bank charges, which the Guest must pay.

13 COURT JURISDICTION

13.1 The parties agree that any legal proceedings arising from this agreement or the Guest’s occupation of the premises shall be subject to the exclusive jurisdiction of the Western Cape High Court, Cape Town, in South Africa.

14 SURETYSHIP

14.1 Should two or more persons conclude this agreement as the Guests, such persons (if adults) shall be jointly and severally liable in solidum for the due performance of the Guest’s obligations in terms of this agreement, which shall include the Agent of the Guests, where that Agent lacked authority to conclude the Agreement or any part thereof.

15 APPLICABLE LAW

15.1 This agreement, along with any changes or additions, will be governed by and interpreted under the laws of South Africa, regardless of the location where it was signed, executed or where the parties reside or operate.

16 DOMICILIUM CITAND I ET EXECUTANDI

16.1 The Guest designates the address of the rented premises stated in the Reservation Confirmation as their official address for all legal purposes under this agreement and agrees to receive all legal documents at that location.

16.2. The Lessor and Capetown Luxury Villas designate the business address of Capetown Luxury Villas as their official address for all legal purposes under this agreement.

17 FEES AND PENALTIES

17.1 The guest records his/her/their consent to the terms of the agreements and the following Penalties payable for breach of the agreements to Capetown Luxury Villas:

18 MISCELLANEOUS

18.1. Guests are advised that there may be a risk of electricity supply loss during their stay due to possible outages experienced by the national power utility, Eskom, occasionally. The duration of these outages depends on the load-shedding stages published by Eskom periodically on their websites, such as https://loadshedding.eskom.co.za or https://sepush.co.za/.

18.2. These electricity interruptions are beyond our control and regularly occur in South Africa. Therefore, they do not qualify as a force majeure event or a breach by the Lessor of their rental agreement with Guests. While some properties may have backup generators, inverters or solar energy, this cannot be guaranteed.

18.3. Guests are informed of the possibility of construction activity in neighbouring properties or nearby. Construction is a common occurrence in Cape Town. Capetown Luxury Villas and the Lessor will promptly notify Guests if they become aware of any construction activity that may disrupt their stay.

18.4. The Guest acknowledges that Capetown Luxury Villas and the Lessor cannot be held accountable for any noise, dust, or other disruptions from construction sites near or around the leased premises. The tenant also agrees that such disturbances do not violate this agreement and do not grant the tenant any entitlement to compensation, refund, or termination of the lease.