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Terms & Conditions

1. DEFINITIONS

In this document the following words shall have the following meanings:

1.1.           “Agreement” – means these terms and conditions together with the Booking Form;
1.2.           “Arrival Date” – means the date of arrival of the Client as indicated on the relevant Booking Form;
1.3.           “Booking Form” – means the written form setting out amongst other things the details of the Client, the Premises, and the Rental Costs, which once signed shall form part of these terms and conditions;
1.4.           “Building” – means the building in which the Premises are situated if applicable;
1.5.           “Client” – means the person(s)named on the Booking Form;
1.6.           “Departure Date” – means the date of departure of the Client as indicated on the relevant Booking Form;
1.7.           “Deposit” – means 50% of the Rental Cost;
1.8.           “Day (s)” – means calendar day(s);
1.9.           “Lease Period” means the period commencing on the Arrival Date and terminating on the Departure Date as set out in the Booking Form;
1.10.        “Owner” – means the Owner of the Premises;
1.11.        “Parties” – means collectively the Rental Agent and the Client, or either of them as the context may indicate;
1.12.        “Premises” – means the apartment or villa as indicated on the Booking Form or as designated by the Rental Agent;
1.13.        “Rental Cost” – means the amount due to the Rental Agent by the Client for the lease of the Premises as set out in the relevant Booking Form;
1.14.        “Signature Date” – means the date of signature on the Booking Form
1.15.        “Rental Agent” – the Company named on the Booking Form

2. INTRODUCTION

The Rental Agent in its capacity as duly authorized agent for and on behalf of the Owner hereby lets the Premises to the Client which hires the Premises from the Rental Agent on the terms and conditions set out herein.

3. BOOKING PROCEDURE

3.1.           Upon receipt of a request for a booking of the Premises by the Client, the Rental Agent will issue a Booking Form to the Client which when completed and signed shall be returned together with payment of the Deposit to the Rental Agent.  Requests will be processed within 48 hours and the necessary booking documentation sent electronically.
3.2.           Upon receipt of the signed Booking Form together with the required Deposit, the booking will be confirmed.

4. SECURITY DEPOSIT

4.1.           In addition to the Rental Costs, a security deposit in the form of a credit card authorization is required in the amount as set out in the relevant Booking Form. The security deposit will be held and will only be exercised in the event of damages to the relevant Premises.
4.2.           The Client will be informed within 7 days of their departure of any damages to the Premises, and any damages will then be claimed against the security deposit.
4.3.           Damages are not limited to the amount set out on the relevant Booking Form and should any damages to the Premises exceed this amount then the Client will be held liable for additional costs over and above the amount of the security deposit.

5. AMENDMENTS TO BOOKING

5.1.           In the event of the Client wishing to amend its booking in any way, the Rental Agent may elect, in its sole discretion and without obligation, to do so, in which event it shall be entitled to charge an amendment fee of 3% of the Rental Cost, which shall be payable on demand by the Client.
5.2.           The Rental Agent reserves the right to substitute the Premises with another similar or higher quality premises should the chosen Premises not be available on the Arrival Date for any reason whatsoever.

6. SPECIAL REQUESTS

The Client shall advise the Rental Agent in writing on the Booking Form of any special requests, needs or facilities required by him due to medical needs, requirements relating to disabilities, special dietary requirements, and any other requirements incidental thereto.  The costs of complying with such special requests, needs or facilities shall be borne by the Client and payable on demand.

7. PAYMENT TERMS

7.1.           The Client shall make payment to the Rental Agent as follows:
7.1.1.         50% of the Rental Costs on the Signature Date, in order to confirm the booking for the Premises; and,
7.1.2.         The balance of the Rental Costs shall be paid within 30 Days of the Arrival Date.
7.2.           However where the Client makes a booking within 30 Days of the Arrival Date, full payment of the Rental Costs must be made immediately.
7.3.           The Rental Agent reserves the right to amend and increase the Rental Costs, even after acceptance by the Client, in the event of any adverse currency fluctuations, increases in government or statutory levies, and any increases levied by the Owners.
7.4.           Any revision in the Rental Costs will be commensurate with the change in the currency exchange rates or the increase in the amounts payable.
7.5.           All payments to be made by a Client to the Rental Agent shall be free of exchange, deduction or set-off of whatsoever nature. Payments shall be made by the Client to the Rental Agent by way of:
7.5.1.         direct transfer;
7.5.2.         forex transfer; or
7.5.3.         credit / debit card (Master & VISA).  Credit card transactions will be acquired for Cape Luxury Holidays via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.  PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.  Users may go to www.paygate.co.za to view their security certificate and security policy.

7.6              Customer details will be stored by Cape Luxury Holidays separately from card details which are entered by the client on PayGate’s secure site.  

7.7            The Merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

7.8              Cape Luxury Holidays takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website.

8. CANCELLATIONS AND REFUNDS

8.1.           Cancellations of confirmed bookings for whatever reason may only take place according to the procedure outlined in this clause.  All requests for cancellations shall be made by the Client in writing to the Rental Agent and shall only be effective on the date of actual receipt by the Rental Agent.
8.2.           The following cancellation fees shall be applicable where the Client cancels the booking:
8.2.1.         Cancellation 60 days or more before arrival date – 75% of the deposit paid or 50% of full quote value (whichever is greater) is forfeited;
8.2.2.         Cancellation 0-60 days before arrival date – 100% of deposit paid or 50% of full quote value (whichever is greater) is forfeited;
8.2.3.         Cancellation on arrival or during the stay – the full payment may be levied.
8.2.4.         In the event of premature departure, we may charge for the full extent of the stay that was booked and confirmed.
8.2.5.         Refunds and waiver of cancellation policies are at the discretion of management and the ability to re-let the accommodation.
8.2.6.         We advise all clients to take out cancellation insurance.

9. DURATION

The Agreement shall commence on the Signature Date and shall (subject to earlier termination under clause 10 and 19) terminate automatically without notice on the Departure Date or such other adjusted dates as may be agreed upon in writing between the Parties.

10. CHECK IN AND CHECK OUT PROCEDURE

10.1.        Standard check in time is from 14h00 and 18h00 on the Arrival Date.  For an early morning arrival the Client is advised to book for the night before as the Premises may only be ready for occupation at 14h00 on the Arrival Date.
10.2.        Check out time is 10:00 on the Departure Date unless stated otherwise on your booking form. Late check out may result in a penalty fee being levied and will be payable on demand. The Client shall upon departure hand over all keys (including remote controls) to the Rental Agent or its appointed agent. Any lost keys or keys not returned will result in lock and keys being replaced at the Clients cost and will be deducted from the security deposit referred to in clause 4 above.
10.3.        It must be noted that all apartments are privately owned with no staff in attendance so it is necessary to pre-arrange staff in order to meet you and book you in after hours.

11. CONDITION OF THE PREMISES

11.1.        The Premises is accepted as including all furniture, fittings and accessories as is and in the condition in which they are found, and shall be left in the same order and good condition, fair wear and tear accepted.
11.2.        The Owner and the Rental Agent take no responsibility for the breakdown or malfunction of appliances during the Clients stay, however, every effort will be made to repair any faulty appliances which are reported.
11.3.        A full inventory of the contents of the Premises will be found in the Premises and should be checked on arrival.  Any shortfall must be reported to the Rental Agent immediately, failing which the inventories will be deemed to be correct.
11.4.        The Client must report any damages to the Premises within 24 hours of arrival, failing which the Premises will be deemed to have been in good order.  The Rental Agent will endeavour to make good any damages reported by the Client within 2 days of receipt of the report from the Client.

12. DUTIES OF THE CLIENT

The Client shall;

12.1.        keep the Premises clean, tidy, and habitable;
12.2.        use the bathroom facilities for the specific purposes for which they are intended to be used;
12.3.        take all reasonable measures to protect the Premises and all parts thereof (including all fixtures, fittings, appurtenances, appliances and keys) from abuse, damage, destruction, and theft;
12.4.        take all reasonable measures to prevent blockages and obstructions from occurring in the drains, sewerage pipes and water pipes serving the Premises;
12.5.        ensure that all lights and appliances are not left on unnecessarily and switched off when leaving the premises. Client is reminded that Cape Town is an energy saving conscious city;
12.6.        ensure that all doors and windows are closed and or secured at all times, and that all furniture including but not limited to outdoor chairs and umbrellas are secured and fastened, as Cape Town is a windy city.
12.7.        not use the Premises or allow them to be used, in whole or part, for any purpose other than that of a private dwelling;
12.8.        not place or leave any article or other thing in or about any passage, lift, stairway, pathway, parking garage, or other common part of the Building so as to cause a nuisance or obstruction;
12.9.        not bring into the Premises or the Building any article which, by reason of its weight or other characteristics, is liable to cause damage to the Building or the Premises;
12.10.    not contravene any of the conditions of title of the Premises or any of the laws, rules or regulations affecting owners, clients or occupiers of the Premises or the Building;
12.11.    not cause or commit any nuisance on the Premises or cause any annoyance or discomfort to other clients or occupiers of the Building, including but not limited to loud noise after 09:30 pm;
12.12.    not leave refuse or allow it to accumulate in or about the Premises except in the refuse bins provided;
12.13.    refrain from interfering with the electrical, plumbing, or gas installations or systems serving the Premises or the Building;
12.14.    not allow more than the specified persons as per the Booking Form to reside in the Premises at the same time;
12.15.    not keep any live animals or birds on the Premises except with the prior written consent of the Rental Agent;
12.16.    not hang washing in any visible place in or about the Premises, or do or display anything else which causes the Premises or the Building to appear unsightly;
12.17.    not redecorate the premises;
12.18.    not use any tobacco products or allow any other person to use tobacco products in or around the Premises.  No cigarette stubs may be discarded in the Premises or on the communal Premises and stairs, nor be thrown from the Premises’ windows onto the surrounding Premises.

13. ASSIGNMENT AND SUBLETTING

The Client shall not be entitled to:

13.1.         cede or assign all or any of the rights and obligations of the Client under this Agreement;
13.2.        to sublet the Premises in whole or part; or
13.3.        to give up possession of the Premises to any third party.

14. CLEANING SERVICES

14.1.        A once off exit cleaning fee of between R250 and R500 depending on the size of the property may be payable with respect to some properties.    This will be included on your invoice.  This covers the cost of cleaning the apartment and laundering all linen on your departure.
14.2.        Should a cleaning service be required then it can be arranged at a separate tariff for your account.  Certain properties have a daily service included in the price.  This will be specified on the specifications of certain properties.
14.3.        In the event of a disruption of the cleaning services the Rental Agent will endeavour to find a replacement cleaner within a reasonable time.

15. INTERNET ACCESS

15.1.        Telephone and Internet connections may be for the account of the Client and are paid via pre paid vouchers.  Some properties offer internet connections at no additional charge and it is included in the daily rate.

16. FAIR USAGE POLICY

Included in the cost of booking is the charge for the use and consumption by the Client of all electricity and water consumed upon the Premises. Clients are kindly requested to use electricity and water sparingly and only according to their needs. In the unlikely event that a Client uses and consumes a disproportionate amount of electricity and water then the Rental Agent has the sole discretion to deduct any amount which it thinks fit, from the security and breakages deposit referred to in clause 4 above.

17. BREACH

17.1.        Should either Party breach any provision of this Agreement and fail to remedy such breach immediately after receiving written notice requiring such remedy, then (irrespective of the materiality of such breach or provision) the other Party shall be entitled, without prejudice to its other rights in law, including any right to claim damages, to cancel this Agreement or to claim immediate specific performance of all of the defaulting Parties’ obligations, whether or not then due for performance.
17.2.        In the event of the Rental Agent terminating this Agreement within its rights, then the Rental Agent will be entitled to retake possession of the Premises immediately, without prejudice to its claims for any damages which it may suffer by reason of such breach and/or cancellation, or to any other remedy which it may have against the Client arising out of this Agreement or in law.

18. DOMICILIUM

18.1.        The Parties choose the addresses as set out on the relevant Booking Form as their respective domicilium citandi et executandi:
18.2.        Either of the Parties may change its domicilium citandi et executandi to another address within the same country, by way of a notice to the other party to this Agreement, provided that such a notice is received by the addressee, at least 7 (seven) calendar days prior to such a change taking effect.

18.3       This website is governed by the laws of South Africa and Cape Luxury Holidays chooses as its domicilium citandi et executandi for all the purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

19. LIMITATION OF LIABILTY

19.1.        The bookings are made on the express condition that the Owner, the Rental Agent, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including any indirect and/or consequential loss or damages whatsoever), accident, injury, illness, harm, death, delay or inconvenience to any Client, or their Premises, wherever, whenever and however the same may occur, including, but without limiting the generality of the aforesaid: –
19.2.        any act or omission of the Owner, the Rental Agent or any agent or servant of or contractor of the Owner and/or the Rental Agent, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
19.3.        the condition or state of repair at any time of the Premises, the Building, or any part of the Premises or the Building;
19.4.        any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Premises, or the Building, (including, without generality being limited, any cleaning service), whatever the cause;
19.5.        any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Premises, or the Building, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
19.6.        any interruption of or interference with the enjoyment or beneficial occupation of the Premises or any of the common parts of the Premises or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Premises, or on adjacent properties whether carried out by the Owner or by anybody else; or
19.7.        any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Premises, or the Building, whether or not the Owner or the Rental Agent could otherwise have been held liable for such occurrence or failure.

20. INDEMNITY

The Client hereby indemnifies the Owner and the Rental Agent for any loss or damage to Premises or injury to persons suffered on the Premises during the Lease Period.

21. APPLICABLE LAW

This Agreement shall be interpreted and governed in all respects by the laws of  the Republic of South Africa.  The Parties furthermore consent, to the jurisdiction of the Magistrates Courts in terms of section 29 of the Magistrates Courts Act No: 32 of 1944 as amended despite that the amount at issue may exceed the limits of such jurisdiction.

22. GENERAL

22.1.        This Agreement constitutes the sole record of the agreement between the Parties in regard to the subject matter thereof.
22.2.        Neither Party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or reduced to writing and signed by the Parties or their representatives.
22.3.        No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties,
22.4.        No indulgence which either Party may grant to the other shall constitute a waiver of any of the rights of the grantor, unless reduced to writing and signed by both Parties.
22.5.        Where any contradiction appears between the provisions of this Agreement and the Booking Form, the provisions of this Agreement shall prevail.
22.6.        The Client hereby warrants that it has the capacity to and is authorized to conclude this Agreement, and that upon signature this Agreement will, continue to, bind it in all respects.
22.7.        In the event that any of the provisions of this Agreement are found to be invalid, unlawful, or unenforceable such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.
22.8.        The Client confirms that he/she has read and understood the description of the Premises that he/she has chosen as displayed on the website http://www.cape-luxury-holidays.com.

23. CUSTOMER PRIVACY POLICY

23.1            Cape Luxury Holidays shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/attachment.php?aa_id=3569

Cape Luxury Holidays may, in its sole discretion, change this agreement or any part thereof at any time without notice.

This website is run by a close corporation based in South Africa trading as Cape Luxury Holidays and with registration number 2011/020380/23 and Owner, Debbie Bell.

Cape Luxury Holidays contact details:

Email: info@cape-luxury-holidays.com 
Telephone: +27 (0) 79 457 9338

Why Use Us?

Best Rates

Personal Service

Best Locations

Located mostly along the Atlantic Seaboard, V&A Waterfront and Cape Town's city centre, our properties offer you the ultimate in privacy, luxury and relaxation. Whatever your request, our local network of contacts can provide it for you. With beautiful scenery, great wine and gorgeous weather, it is no surprise that Cape Town has just been declared the world's No 1 travel destination by TripAdvisor. So let Cape Luxury Holidays source you the ultimate accommodation allowing you to settle in, chill out and experience our beautiful city as we do.....

Testimonials

Morning Debbie, Thank you for your incredible service and I assure you, I’ll be using Cape Luxury Holidays when I go to Cape Town.
Thabang Dibetso