General Conditions form part of the Lease Agreement
Holiday Rentals in Cape Town (“HRCT”) is a reservation agent acting on behalf of Owner and Guest. These Terms & Conditions govern all reservations made through HRCT. All reservations through HRCT and all matters arising from them are subject to South African laws and to the exclusive jurisdiction of the Magistrate’s Court in Cape Town. Owner and Guest accept these conditions on behalf of all those who have an interest in the referenced rental property and all members of the Guest’s party. Guest hereby chooses Domicillium Citandi et Executandi for all purposes at the leased premises
HRCT accepts no liability for any loss, personal injury or death however incurred. Although the HRCT uses all reasonable endeavors to ensure the accuracy of all information provided, HRCT cannot accept any liability whatsoever for any problems that may occur, while guests occupy the holiday property. All information has been provided in good faith and no liability is accepted whatsoever by HRCT
That the premises shall be used solely and exclusively as a private residence and shall be occupied by no more than the number of persons shown as guests on Page 1. That the Guest shall not sublet the premises or any part thereof, nor allow the Premises or any portion thereof to be used by any other person other than the Guest’s immediate family and visitors without the Owner’s prior written consent. No commercial activity of any nature is allowed on the premises, nor can the premises be advertised in any media. No illegal activity may be carried on the premises. Pets are not allowed on the premises, unless approved in writing by the Owner. If Guest is in breach of this agreement, Owner has the right to cancel the lease immediately, without returning any monies paid and lock out the Guest, in addition to other remedies available under the Law.
For properties with a pool: Should a minor child, a member in the guest’s party or any invitee of the Guest enter the property and an accident occur, the owner will not be held responsible for any negligence on behalf of the Guest. The Owner and HRCT are irrevocably indemnified by Guest against any claim for injury to the Guest, his family or visitors and against any claim for loss or breakage of personal effects, which may arise whilst occupying the premises.
Owner acknowledges that upon receipt of the Reservation Deposit noted in this agreement, which must be received from Guest by no later than the date indicated, along with an executed copy of this agreement and copy of Guest’s passport, he/ she agrees to rent the property to Guest for the period indicated, subject to these terms and conditions. Balance of the rent, along with Damage Deposit must be received by the Owner no later than the date indicated on Page 1. In the event that this balance is not paid as stipulated, Owner has the right to cancel this Lease without a refund to Guest.
Guest or any member of his / her party may cancel this reservation at any time however no refund will be made for any monies paid. IT IS RECOMMENDED THAT TRAVELERS PURCHASE TRIP AND MEDICAL CANCELLATION INSURANCE
It is Guest’s responsibility to ensure that he / she and the members of the party do not behave in a way which causes offense or danger to others or which risks damage to property belonging to others. In such circumstances the holiday property Owner has the right to terminate arrangements made, in which case Owner’s responsibility to Guest ceases immediately and there can be no refunds, no payment of compensation and no reimbursement of any cost or expenses Guest may incur as a result. Furthermore, Guest will be liable to reimburse Owner for any expenses whatsoever it incurs as a result of wrongful behavior.
It is a policy of Owner to take a security deposit to cover the cost of damages caused by Guest, which is refundable either on the departure date or if it is not possible, due to late billings from Telkom ( if Owner provides a telephone) or other compelling reason, then within 15 days by Owner, after checking out. Guest is responsible for the full extent of damages caused due to his/ her negligence or expenses caused and such responsibility is not limited to the amount of the Damage Deposit.
Owner shall maintain the rental property, in accordance with good hospitality industry practices. Owner shall be responsible for payment of electricity, subject to allowance stated on P.1, water, rubbish removal, sewer, rates, etc. Guest is responsible for charges from the telephone company, during his/ her stay, if Owner provides a telephone. Owner shall arrange for the maintenance of pool and garden, if any.
Check In is at 2:00PM and Check Out is at 11: AM, unless otherwise agreed on Page 1 of the Lease.
Payment Protection Guarantee
This guarantee ("Guarantee") is provided by HRCT; the owner of Holiday Rentals in Cape Town and Cape Vacation Rentals - Guarantee is backed by a Fidelity Bond, issued by Western Surety Company of South Dakota, A Division of CNA Surety ("Insurance Company")
When you pay for rental through us, you can do so with confidence that your money is in safe hands - We have invested in this Surety Bond, to provide you with peace of mind
What is Payment Protection Guarantee?
HRCT will reimburse travelers up to $10,000 US in connection with rentals they book and payments they make into HRCT's accounts at Standard Bank of South Africa by bank transfer. Note: Scope of Guarantee is limited to coverage provided by the Insurance Company
Who is covered?
Clients who have rented a property through HRCT, have signed a lease and its General Conditions and made a bank transfer into the HRCT's account at Standard Bank of South Africa ("Covered Losses")
What types of losses are covered?
This guarantee covers rental payment losses as a direct result of internet fraud, misappropriation of funds received into HRCT account by any employee, officer or representative of HRCT or wrongful withholding of rental security deposits; The scope of this Guarantee is limited to coverage provided by Insurance Company ("Covered Losses")
What losses are excluded?
If it's not specifically included in the covered losses above, then they are excluded. Here are a few examples of losses that are not covered: payments made in cash or instant transfers that cannot be verified (i.e. Western Union or Moneygram); payments to relatives; losses such as natural disasters, theft, bodily injury or criminal activity; losses associated with a breach of the rental agreement or cancellation of rental agreement for any reason; and any travel related losses other than the base rental (i.e. reimbursement for flights, rental cars, other travel expenses).
The Guarantee does not provide reimbursement for loss of funds that are not Covered Losses. For clarification, this includes but is not limited to the inability to provide reimbursement for the following:
any losses that are not Covered Losses as defined herein
any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; losses due to weather or natural disasters; any other losses other than the amount actually paid to HRCT
any security deposits or other funds paid to the HRCT that are not returned due to damage or non-compliance with the rental agreement and cancellation policies
any payments made in cash, via check or any other service other than to HRCT bank accounts at Standard Bank of South Africa
aggregate payments to HRCT in excess of $10,000
payments made by the traveler after being notified by HRCT that the Payment guarantee program has ended and no longer subject to this Guarantee
All reimbursement decisions under the Guarantee shall be determined by HRCT, in its sole discretion.
All reservations through HRCT and all matters arising from them are subject to South African laws and to the exclusive jurisdiction of the Magistrate's Court in Cape Town
Best Rate Guarantee
Terms and Conditions applicable to "Best Price Guarantee"
This guarantee applies to holiday rentals in Cape Town, arranged by HRCT, ranging from 5 days to 30 days in duration
HRCT will offer a lower rate to a customer, if the customer is quoted a rate lower than HRCT's quote by a property owner or a licensed real estate agent for the same property and dates
If the customer has paid for the booking, HRCT will refund customer the difference up to a maximum of 10% of the total rental value or the difference in quotes, whichever is less
Customer must provide copy of a bona fide quote from a legitimate business / agent or property owner within 10 days of signing of a lease provided by HRCT for a holiday rental property in Cape Town. Quote must be an "Apples to Apples" comparison for the same property, same dates and include the same terms and conditions for the rental; advertised prices are not considered as quotes, as there can be deceptive advertisements
Customer may not make a claim, after 10 days have passed, after either signing of a lease or paying a deposit; A claim must be submitted within the 10 day period by email to HRCT