Terms and Conditions

Cape Town Villa Rentals

Booking Terms & Conditions

EVENTS, FUNCTIONS & PARTIES

Our properties are for accommodation purposes only. No parties, functions, events and/or similar are to be held at the properties under any circumstances. As such no third-party suppliers, caterers, external contractors and/or similar are allowed onto the premises, unless by prior arrangement and written consent by management. Should the guest breach this clause, then Cape Town Villa Rentals or the owner may either levy a penalty fee of a minimum amount equal to 3 (three) times the nightly rate paid or which Cape Town Villa Rentals, in its sole discretion, deems reasonable, or Cape Town Villa Rentals/the owner shall be entitled to sue for such damages as may be legally permissible.

1. The guest shall pay Cape Town Villa Rentals fifty percent (50%) of the total amount (“the booking deposit”) as contained in the invoice rendered by Cape Town Villa Rentals to the guest (“the booking invoice”), alternatively the amount specifically stipulated in the booking invoice. The guest shall ensure that the booking deposit reflects in the nominated bank account of Cape Town Villa Rentals. We are not liable for any loss or damage you may suffer as a result of an incorrect or delayed allocation of an amount paid without the correct payment reference and as such urge you to be diligent in ensuring all payments are correctly referenced. Please also note that by making payment of any amounts you indicate your acceptance of the terms and conditions. 
2. Within three (3) days of receiving the invoice for any payments from a bank account registered and held in the Republic of South Africa (“the Republic”) and within seven (7) days of receiving the invoice for any payments made from a bank account registered and held outside the Republic. Despite the aforesaid, should the booking invoice contain a specified date upon which the booking deposit is to be paid by the guest, the guest shall ensure that the booking deposit is paid and reflects in the bank account of Cape Town Villa Rentals on or before the date stipulated therein. Payment of your reservation constitutes agreement of our booking terms and conditions ant that you have read, understood and agreed to the terms and conditions available, as unmodified by you.
3. The guest shall ensure that the remainder of the amount contained in the booking invoice reflects in the bank account of Cape Town Villa Rentals no less than thirty (30) days prior to arrival for bookings outside of Peak and no less than sixty (60 days) prior to arrival for Peak bookings ** Peak bookings fall between 15 December to 10 January
4. In the event that the guest fails to make payment of any amount due to Cape Town Villa Rentals in terms of this agreement, Cape Town Villa Rentals shall have the right to terminate the booking and the guest shall forfeit all monies received by Cape Town Villa Rentals pertaining to the booking.
5. It is specifically recorded and agreed that Cape Town Villa Rentals shall only process and/or confirm a booking made by a guest once the booking deposit has reflected in the bank account nominated by Cape Town Villa Rentals (within the stipulated timeframe, free of any deduction, set-off, bank charges, FOREX or any other charges or taxes), the guest has signed and submitted all the relevant documentation required in terms of this agreement and Cape Town Villa Rentals has received signed acknowledgement from the owner/ owner’s representative that the booking has been confirmed by same.
6. In the event of any credit card transaction(s) made by / on behalf of the guest pertaining to any monies payable to Cape Town Villa Rentals, the guest specifically confirms under no circumstances whatsoever shall the guest at any time authorize/instruct any reversal /cancellation of credit card transactions payable to Cape Town Villa Rentals. All credit card transactions are subject to a surcharge on top of the amount that needs to be processed.

7. Cancellation: 
   In the event of a cancellation the guest must immediately notify Cape Town Villa Rentals in writing. The cancellation date shall be deemed to be the date when such notice is received by Cape Town Villa Rentals. In the event of cancellation, the following charges shall apply;
   • Cancellation 31 days or more before arrival – the initial booking deposit shall be forfeited (50% of the total booking value); or
   • Cancellation 30 days or less before arrival – 100% of the total booking cost shall be forfeited.

In the event of a Peak booking (any booking falling between 15 December – 10 January):

• Cancellation 61 days or more before arrival – the initial booking deposit shall be forfeited (50% of the total booking value); or
• Cancellation 60 days or less before arrival – 100% of the total booking cost shall be forfeited.

There shall be no entitlement to a refund in the event that the guest decides to stay for a shorter

period than has been booked and paid for.

Cancelations due to Covid 19: Reservations made after March 14, 2020 will not be covered under any special cancellation policy. COVID-19 related circumstances not covered include: transportation disruptions and cancellations; travel advisories and restrictions; health advisories and quarantines; changes to applicable law; and other government mandates—like evacuation orders, border closures, prohibitions on short-term rentals, and shelter-in-place requirements. The standard cancellation policy will apply.

After the declaration of COVID-19 as a global pandemic by the World Health Organization, COVID-19 and its consequences are no longer unforeseen or unexpected. See below, relating to Travel Insurance requirements.

**Travel Insurance: Guests are advised to procure suitable insurance covering cancellation and agree to purchase comprehensive travel insurance, including “Cancel for any reason cover” at the time of your/their booking. The guest acknowledges that without such travel insurance, the guest will be responsible for all costs arising from any cancellation, accommodation cancellation fees charged, re-routing or rescheduling of the trip or any emergency (medical or other) that may arise. The guest agree that in the event of you failing to purchase adequate insurance cover, the guest will not hold Cape Town Villa Rentals responsible for any harm or loss that the guest may suffer.

8. Damages Deposit:

The guest hereby agrees to have themselves/their guests verified by Superhog prior to arrival, failure to do so would result in a refundable breakage deposit amount charged. This is used to cover any loss or damage suffered by Cape Town Villa Rentals, the owner and/or their representative. The guest will be notified about any damages or loss within 14 working days after the premises has been vacated and checked and/or any other expenses for which the guest is liable.

9. Loadshedding: 

South Africa has been experiencing periods of load-shedding (What is Loadshedding). This means that electricity goes off for periods of 2.5 hours at a time. We often do not know in advance when this will happen. However, there is an app you can download in order to ensure you know what times it will take place and plan your day accordingly. Please see following the link to the app; Load- Shedding App. We apologize for any inconvenience that this may cause. This is unfortunately something that is out of our hands and governed by the South African Electricity providers. Accordingly, neither, nor the owners/owner’s representative shall be liable for any refunds, compensation or discounts as a result of services being unavailable due to load shedding. Where a property is advertised and/or supplied with an alternative power supply (Inverter, Solar, UPS etc.), kindly note that the efficient operation of such items are dependent on various factors, i.e., type of system, age of system. load placed on the system, frequency of power outages, sun exposure etc. Cape Town Villa Rentals / the owner cannot be held liable for efficient and un-interrupted supply of power via these alternative power sources and/or complete failure of the system.

10. Occupancy & use of property:

Guests acknowledge that they have a permanent place of residence, and the use of the accommodation is for holiday purposes only, specifically for the duration of the booking as per the booking invoice/document submitted by Cape Town Villa Rentals.

The premises are only to be utilized for the personal use of the guest and the number of occupants shall not exceed as per the original request processed by the guest. At no point in time shall the number of occupants exceed the maximum number as per what the property can accommodate. The premises shall be used only as a private residence. It is specifically recorded that the terms of this agreement is binding on all persons who occupy the premises. The guest shall advise Cape Town Villa Rentals immediately of any intended increase in the number of occupants who are to occupy the property at any time during the occupation period, as well as the duration of their proposed occupancy of the property.  It is recorded that any such additional occupants shall only be entitled to occupy the premises with the express written consent of Cape Town Villa Rentals, which consent may be withheld by Cape Town Villa Rentals in its sole and absolute discretion. Additional occupants could be subjected to an additional charge of double the nightly rate paid or as determined by Cape Town Villa Rentals.

The guest shall have the use of the linen and bath towels on the premises, but these (nor any other items) shall be removed from the premises. The guest shall keep the premises and the contents in good order and at the termination of the agreement period will return the premises and the contents in the same good order and condition as they were at the commencement of the agreement. If we are unable to do a same-day turnaround on the property due to the state it was left in at Check-out by the main guest or group, the main guest will be held liable for any extra cost incurred to clean the property and restore it to the same state they received it. The guest and/or their representative will be liable for the cost of repairing any damage to the premises, even if the cost of the damages is more than the refundable deposit amount. Any lost keys or keys not returned, could result in locks and keys being replaced and the guest will be held accountable for costs. The guest shall not be allowed to make any duplicate copies of the keys in respect of the premises without the prior written consent of Cape Town Villa Rentals and shall upon departure deliver all keys, including remote controls to Cape Town Villa Rentals.

If the number of guests exceed that of the original number of guests permitted on the premises, the guests/tenants will be charged an additional fee or requested to vacate the property or both. A minimum fine of R2 000 will be charged if smoking, narghile, shisha, goza, hookah, water pipes, battery powered electronic smoking devices or any other activity that burns tobacco (or similar) takes place indoors on the property or guests/tenants may be requested to vacate the property or both. You will be billed additionally for the cleaning of the property. Under no circumstances will there be any pets allowed on the property, a minimum R2 000 fine will be implemented and you will be asked to vacate the property. You will be billed additionally for the cleaning of the property.

The guest shall not have the right to assign or sublet the premises, or any portion thereof. The guest shall not cede any of his / her rights or delegate any of his / her obligations in terms of this agreement.

The guest confirms that he/she shall be wholly responsible for the actions of all occupants on the property, including any 3rd party suppliers arranged and/or commissioned and additional visitors. The guest   confirms that he/she shall inform all occupants, visitors and/ or 3rd party suppliers of the terms of the booking and house rules (if applicable). The guest shall be liable for any loss or damage suffered by Cape Town Villa Rental or the owner of the property due to the actions of any additional occupants, 3rd party suppliers, contractors and/or visitors.

For reference, please note that standard check-in time is 14h00 and the standard departure time is 10h00, unless prior arrangement is made with Cape Town Villa Rentals

11. Behavior: 

The guest undertakes not to cause a nuisance to any other guests or occupiers of adjacent properties of which the premises forms part of or in the vicinity of the occupied premises by any means whatsoever.  Should the guest or anyone in their group behave in an unacceptable manner by civilized standards the entire party may be required to vacate the property without notice. Playing music loudly after 10pm will not be tolerated.

12. Child Safety:

Most of the Cape Town Villa Rentals, rental properties have child safety issues and concerns for guests with younger children such as balconies, split level terraces with steep drops and unfenced pools. Those staying with children do so at their own risk and are urged to take all due care and attention during their stay. Please note, in regards to the swimming pool/pool area, no children should be allowed in the pool or surrounding area without an adult. The pool depth varies depending on properties.

13. Swimming Pool: 

All people using the pools at our properties do so at their own risk. The managing company and owners cannot be held liable for any loss or injury incurred whilst using the pool. Adult supervision is required for all children aged 12 and under entering the pool area. There is strictly no jumping or diving allowed in the pool/pool area.

14. Additional Services:

The guest shall be responsible for paying the cost of additional services (if applicable) during occupation, which cost shall be paid directly. * Please note WiFi does not necessarily constitute free usage. Please check with your consultant whether data is inclusive.

15. Complaints: 

The guest must report any concerns / defects, of whatsoever nature, regarding the premises to the guest relations manager, Cape Town Villa Rentals or the owner and/or their representative within 24 (twenty-four) hours after occupation. Failing this, it will be construed that the premises contain everything in good order and condition. The guest shall not make any alterations or additions to the premises. Please allow reasonable time for defects to be rectified. The properties are “working assets” and certain unforeseen defects can/will occur.

16. Right of access:

Cape Town Villa Rentals, the owner and/or their representatives shall have the right of access to the premises, in order to affect any repairs to the premises, or for any emergency purposes. The guest would be notified timeously so that the guest is not inconvenienced.

17. Photographs / web information/descriptions:

These are intended to give an overall impression of a specific property. Cape Town Villa Rentals cannot be held liable for any items of furniture or chattels, which appear in the description or photographs used in our brochures / websites or via e-mail, which may have changed or been removed from the property or any aspects of the property’s environment which may have changed since the photographs were taken. The guest undertakes to pay an amount equal to any claim made against Cape Town Villa Rentals by any party / person for any loss / damage or injury suffered in or on the premises in consequence of any act or omission by the guest or any persons under the guest’s control or who occupy the premises due to the guest’s occupation of the premises.

18. Liabilities:
    Cape Town Villa Rentals, nor the owner of the accommodation, shall not be responsible, nor be held in any way liable for the following occurrences and no compensation shall be forthcoming from Cape Town Villa Rentals in the event of such occurrences:
    • In the event of Cape Town Villa Rentals facilitating/arranging additional third-party services and products, i.e., car hire, cot hire, chefs, catering, cleaning, security services, tours, transfers, baby-sitting services and other guest-related services, Cape Town Villa Rentals cannot be held liable and/ or responsible for the quality and service delivery of such additional third-party services and/or products. Payment for such services shall be in addition to the accommodation paid by the guest and where applicable, settled directly with the relevant service provider.
    • Internet (ADSL, WIFI, 3G etc.) is provided by a 3rd party supplier and Cape Town Villa Rentals nor the owner, is responsible for the reliability and/or speed of the internet provided at the property (if applicable). Unfortunately, the speed and up-time of our internet services are sub-standard compared to Europe, USA etc.
    • Any water or electrical cuts, defects or breakdown of any equipment or appliances in the property (although, upon notification of the problem by the guest, Cape Town Villa Rentals shall endeavor to restore or replace such item within a reasonable time).
    • The existence of any insects, vermin or other animals within the boundaries of the rental property (although, upon notification by the guest, Cape Town Villa Rentals shall endeavor to eradicate such problem within a reasonable time).
    • Any noise or disturbance originating beyond the boundaries of the rental property, including (but not limited to) construction work within the area.
    • Any loss or damage to property belonging to the guest, howsoever caused.
    • Any injury to, illness, or death of the guest, howsoever caused.
    • Force Majeure including but not limited to the following: any act of God including flood, fire and all other natural disasters, riots and all and any other acts or omissions beyond the control of the defaulting party

In view of the fact that Cape Town Villa Rentals is not the owner of the accommodation and is simply acting as a conduit, under no circumstances will Cape Town Villa Rentals be held liable for any negligence and/or willful default by the owner of the accommodation.  If the owner of the accommodation does not honor the terms of your booking, you will not have any claim against Cape Town Villa Rentals, but your recourse will be against the owner directly.

Per clause 6, it is the responsibility of the traveling party to take out adequate and fully comprehensive travel insurance including cancellation cover and cover of theft of personal items.

19. Disputes:
    The guest undertakes to pay an amount equal to any claim made against Cape Town Villa Rentals by any party/person for any loss, damage or injury suffered in or on the premises in consequence of any act or omission by the guest or any persons under the guest control.
20. Breach of Agreement:

In the event of the guest committing a breach of any of the terms of the agreement, Cape Town Villa Rentals or the owner, shall call upon the guest to remedy the breach. In the event that the guest fails to remedy same, then Cape Town Villa Rentals or the owner shall be entitled at his/ her sole discretion and without prejudice to claim specific performance of the terms of this agreement or to cancel this agreement and related reservations.

21. Entire Agreement:

The guest hereby warrants that they have the right to enter into this agreement; and the guest will at all times act in a manner in accordance with the law; and all information provided by the guest is true and accurate in all material respects. If any clause or term of this agreement shall have been held by a court of competent jurisdiction to be invalid, unenforceable or illegal, then the remaining terms and provisions of this agreement shall be deemed to be severable there from and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this agreement. The terms and conditions of this agreement and associated invoice shall constitute the sole contractual basis on which the parties will contract with each other, unless specifically agreed and signed to otherwise in writing. The guest agrees that, should any dispute arise pertaining to this agreement or any obligations there under, such dispute shall be adjudicated in terms of the laws of the Republic of South Africa regardless of which country, court or jurisdiction the dispute is heard and adjudicated.

22. The guest hereby warrants that they have the right to enter into this agreement; and the guest will at all times act in a manner in accordance with the law; and all information provided by the guest is true and accurate in all material respects. In terms of Section 45 of the Magistrate’s Court Act 1944, as amended, the guest consents to the jurisdiction of the Magistrate’s Court having jurisdiction of the guest’s person in respect of any action or proceedings which may be instituted against the guest in terms or our arising out of this agreement notwithstanding the amount of the relevant.
23. You acknowledge that Cape Town Villa Rentals acts simply as the conduit for the conclusion of a contract between yourself and the owner (or his/her appointed representative) of the Premises. As such, by your signature hereto, you acknowledge that any claim for damages, whether contractual or delictual, and stemming from any issues pertaining to the Premises or booking or any other reason whatsoever, can only be made against the owner of the Premises (inclusive of any claim made in terms of the Consumer Protection Act No.68 of 2008) and that any right to claim damages as against Cape Town Villa Rentals for any reason whatsoever is hereby waived by yourself and all who occupy the Premises under your title.
24. The guest shall not have the right to assign or sublet the accommodation, or any portion thereof. The guest shall not cede any of his/her rights or delegate any of his/her obligations in terms of this agreement.
25. For reference, please note that standard check-in time is 14h00 and the standard departure time is 10h00, unless prior arrangement is made with Cape Town Villa Rentals.
26. In terms of this document form the sole contractual relationship between the parties. The guest chooses as their domicilia citandi et executandi the address of the booked accommodation.
27. If any clause or terms have been held by a court of competent jurisdiction to be invalid, unenforceable or illegal then the remaining terms and provisions of this agreement shall be deemed to be servable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this agreement.

THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME. UPDATED TERMS WILL BE POSTED TO THIS LINK. PLEASE BE SURE TO VISIT THIS LINK BEFORE YOUR STAY TO FAMILIARIZE YOURSELF WITH ANY CHANGES WHICH WILL BE BINDING UPON YOU.