TERMS AND CONDITIONS OF ACCOMMODATION PROPERTY BOOKING
HOLIDAY RENTALS CAPE TOWN, a subsidiary of ACCOMMODATION DADDY
TERMS AND CONDITIONS OF ACCOMMODATION PROPERTY BOOKING
IMPORTANT NOTE FOR GUESTS WHO ARE BOOKING VIA COMPANIES SUCH AS AIRBNB (CHANNELS): WE ARE A THIRD PARTY, INDEPENDENT MEMBER OF THE CHANNEL’S SERVICES ACTING EXCLUSIVELY AND ON OUR OWN BEHALF. IT IS IMPORTANT THAT YOU READ OUR TERMS AND CONDITIONS AS THEY ARE APPLICABLE TO ALL GUESTS MAKING USE OF OUR SERVICES. WHERE PRACTICAL WE TRY TO KEEP THE ELEMENTS OF THE BOOKING CONSISTENT WITH THAT OF THE CHANNEL. HOWEVER, BECAUSE OF OUR INDEPENDENCE FROM THE CHANNEL AND DUE TO REQUIREMENTS SPECIFIC TO OUR COMPANY AND OUR LOCATION IN CAPE TOWN, SOUTH AFRICA, THERE MAY BE COMPLEMENTARY OR ADDITIONAL POINTS TO BE AWARE OF.
In this Agreement, unless clearly inconsistent with or expressly indicated to the contrary by the context, the following expressions shall have meanings set out below:
“Property” means the accommodation premises indicated in the Booking Transaction Summary or as designated by Accommodation Daddy;
“Holiday Rentals Cape Town” and its domain “RentalsCapeTown.com” is a subsidiary of Accommodation Daddy;
“Accommodation Daddy” means Accommodation Daddy CC, registration number 2008/156997/23 with with its domicillium address at 8 Vesperdene Road, Green Point, Cape Town, 8051, South Africa and where used to refer to a website shall be deemed to include all websites operated by Accommodation Daddy on which the Accommodation Provider’s Property is promoted irrespective of the actual domain addresses for such websites;
“Agreement” means this written agreement together with any annexures hereto, incorporating the Booking Transaction Summary, Guest Cancellation, Amendment And Refund Policy, Guest Registration Form, Services and Fees Schedule and any other documents incorporated by reference into this Agreement. For bookings via channels the annexures, forms and policy documents may differ in name but remain valid components of the the Agreement. The Agreement, annexures and other incorporated documents may be in the form of hardcopy, hyperlinks to server based versions or incorporated in, or as attachments to, emails;
“Amendment Fee”– means a fee charged by Accommodation Daddy for any variation or amendment to the booking by the Client/Guest as set out in the Guest Cancellation, Amendment And Refund Policy;
“Business Day” means any day other than a Saturday, Sunday or public holiday in the Territory;
“Channels” means independent websites, platforms and applications on which the Property is listed for the purpose of obtaining bookings.
“Data Message” means a data message as defined by the ECT Act;
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 as amended from time to time;
“Electronic Signature” means any form of electronic signature as defined by the ECT Act;
“Guest” means a person making use of the Accommodation Daddy or channel websites or applications to browse the accommodation listed for rental; or who places a booking for any such accommodation as named on the Booking Transaction Summary who contracts with the Accommodation Provider on the terms and conditions hereunder. The Guest shall also include any agent or representative who makes any booking of third party clients in respect of a booking. Such agent, as well as the persons named on the Booking Transaction Summary shall be jointly and severally liable to the Accommodation Provider for the performance of their obligations in terms of these Standard Terms and Conditions, as well as any contract/s made pursuant thereto;
“Guest Cancellation, Amendment And Refund Policy” means the written cancellation, amendment and refund policy attached hereto and/or found here or as defined on the website or application of the channel through which the booking was made.
“Occupants” means all the persons, including the Guest staying over-night in the Property during the Accommodation Period and, where the context requires it, will include Visitors of the Occupants;
“Visitors” – persons authorised access to the Property by the Guest for visits, on a non-resident basis that is temporary relative to the Accommodation Period;
“Accommodation Provider” or “Supplier” means the supplier of the Property as further contemplated by this Agreement;
“Start Date” means the date upon which a provisional booking is made in accordance with clause 4.1 below;
“Occupation Date” means the arrival date, being the first day of the Accommodation Period, as specified in the Booking Transaction Summary;
“Accommodation Period” means the length of stay of the Guest in the premises, being the period from the arrival date to the departure date as specified in the Booking Transaction Summary;
“Total Accommodation Cost” means the total amount payable by the Guest to Accommodation Daddy as specified in the Booking Transaction Summary plus applicable taxes;
“Intellectual Property” means any intellectual property rights of whatever nature whether registered or not, including copyright, patents, designs, trademarks, service marks and logos;
“Payment” means the receipt and verified availability by Accommodation Daddy of: Booking Deposit as contemplated below in clause 4.1, Total Accommodation Cost, Breakages Deposit or any other money for fees and charges arising from the Agreement;
“Pay” means to effect Payment;
“Lead Time” a period before the Occupation Date after which a booking may be cancelled or not accepted due to operational and/or payment limitations. Unless otherwise specified on the Property description on the Services this period is taken to be 1 (one) day;
“Side Agreement” means an agreement entered into between the Accommodation Provider and a Guest who was first introduced to the Accommodation Provider by, or who first rented the Accommodation of the Accommodation Provider via Accommodation Daddy;
“Territory” means the Republic of South Africa;
Reference to the singular includes the plural and vice versa and reference to natural persons includes legal persons and vice versa.
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Territory save that any rule of interpretation whereby a contractual ambiguity, gap or inconsistency shall be interpreted against the party responsible for its drafting shall be excluded from the interpretation of this Agreement. Reference to any law or section thereof shall be deemed to include any amendment to any such law or section insofar as the context reasonably permits.
When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day in which case the last day shall be the next succeeding Business Day.
- Accommodation Daddy provides property listing, marketing and booking administration services to property owners and suppliers (“Accommodation Providers”) including through the provision of access to booking systems, including Accommodation Daddy websites, contact centres (“the Services”) and channels. The Services and channels enable Accommodation Providers to book out their properties directly to Guests, who are able to make accommodation property enquiries and bookings via the Services and channels.
- This Agreement shall apply to all persons who proceed to make a booking and enter into an accommodation transaction with the Accommodation Provider. By entering into this Agreement with the Accommodation Provider, you agree to comply with and be legally bound by the terms and conditions contained herein. Please read this Agreement carefully as well as the Accommodation Daddy Guest Terms and Conditions, which can be viewed at http://www.rentalscapetown.com/terms-and-conditions/. Where this Agreement provides for any payments to be made to Accommodation Daddy in terms of or arising in relation to a rental transaction, those payments are to be made to Accommodation Daddy for the Accommodation Provider.
- THIS AGREEMENT CONTAINS PROVISIONS THAT MAY LIMIT THE LIABILITY OF THE ACCOMMODATION PROVIDER TO YOU IN CERTAIN CIRCUMSTANCES. THIS AGREEMENT DOES NOT, HOWEVER, DETRACT FROM YOUR STATUTORY RIGHTS AS A CONSUMER IN TERMS OF ANY APPLICABLE LEGISLATION.
- You represent that you have the capacity to accept this Agreement, and if you are acting on behalf of an entity, that you have the authority to bind that entity. If you are under 18, you agree to only make bookings via the Accommodation Daddy Platform with the consent and involvement of your parent or legal guardian.
- Before you continue, you should print or save a local copy of this Agreement for your records.
PURPOSE OF ACCOMMODATION BOOKING
- You acknowledge and agree that any accommodation booking transaction entered into by you and that is subject to the terms of this Agreement is for the temporary occupancy of that property, and that neither you nor anyone claiming any right of occupation under you shall be permitted to make a permanent residence or household of the property concerned unless the prior consent of the Accommodation Provider is granted in writing. The Agreement is not intended to confer exclusive possession upon the Guest or any other Occupants or to create the relationship of landlord and tenant between any of the parties. The Guest shall not be entitled to any rights conferred by statute or the common law on a tenant, either now or for the duration of the Agreement.
- The Agreement shall commence on the Start Date and will remain in force until the departure date of the Accommodation Period, unless terminated earlier in accordance with the Agreement.
BOOKING PROCEDURE (Not applicable to Airbnb bookings)
- Provisional Booking: In order to secure a provisional booking for the Property, the Guest shall complete in writing and dispatch to Accommodation Daddy the required data in the Booking Transaction Summary; and simultaneously pay to Accommodation Daddy a booking deposit (the “Booking Deposit”) of 50% (fifty percent) of the Total Accommodation Cost. If the Booking Deposit is not paid then no booking will be made and the Property will remain available on the Services for booking. For bookings where the Total Accommodation Cost is less than ZAR5000 and/or the Start Date is less than 28 days before the Occupation Date refer to clause 4.6 below.
- Confirmed Booking: Once Accommodation Daddy receives the balance of the monies due from the Guest, being the remainder of the Total Accommodation Cost as per the Booking Transaction Summary, the provisional booking shall be confirmed.
- If the balance of the monies due from the Guest is not received 28 days prior to the Occupation Date then the provisional booking will be automatically cancelled, and the Booking Deposit will be forfeited.
- If the Guest cancels the Agreement before making payment of the balance of the monies then the Provisional Booking will be automatically cancelled, and some or all of the Booking Deposit will be forfeited in accordance with the Guest Cancellation, Amendment And Refund Policy.
- For bookings where the Total Accommodation Cost is less than ZAR5000 and/or the Start Date is less than 28 days before the Occupation Date then the Guest shall – complete in writing and dispatch to Accommodation Daddy the required data in the Booking Transaction Summary; and simultaneously pay to Accommodation Daddy 100% (one hundred percent) of the Total Accommodation Cost. On payment the booking will become a Confirmed Booking. If the Total Accommodation Cost is not paid then no booking will be made and the Property will remain available on the Services for booking. The Guest shall ensure that the booking becomes a Confirmed Booking before the Lead Time period applicable to the Property.
ACCOMMODATION COST, SERVICE CHARGES AND SECURITY AND BREAKAGES DEPOSIT (5.1 to 5.3 are not applicable to Airbnb bookings)
- You agree to pay the accommodation costs, service charges and other fees that constitute the Total Accommodation Cost and Security and Breakages Deposit for the property to Accommodation Daddy. The accommodation cost and security deposit will be detailed in the Booking Transaction Summary presented to you before your booking application is processed. A provisional booking or confirmed booking will be made once the Payment detailed in paragraph 4 above has been received by Accommodation Daddy.
- The Security and Breakages Deposit is a holding deposit payable by the Guest on or before the Occupation Date and which will be released within 7 (seven) days after the Guest’s departure and inspection of the Property subject to clauses 5.4, 5.5 and 7.3 below.
- Occupation of the Property will not be authorised without full payment of the Security and Breakages Deposit.
- The use of the Security and Breakages Deposit includes but is not limited to the following eventualities resulting from the actions of the Guest or Occupants:
- Damage to the Property and its interior, exterior and common areas;
- Damage to and loss off the contents of the Property including furniture and equipment; towels and linen; glassware, cutlery and crockery; fixtures and fittings;
- Loss of and failure to return keys, access cards and tags, remote controls and costs related to replacing locks and security infrastructure;
- Leaving the Property in an excessively dirty, disorderly or in an insecure state;
- Costs incurred in responding to and controlling disruptive, noisy, illegal and anti-social behaviour, conflict mediation and obtaining an eviction order.
- In the event of damages the Guest will be notified in writing within 7 (seven) working days of their departure at the conclusion of the Accommodation Period, together with an invoice specifying the details of any claim. Damages are not limited to the Security and Breakages Deposit and should damages exceed this amount then the Guest will be held liable for any additional costs over and above the Security and Breakages Deposit; such costs being payable on invoice presentation. In the event of any breakages Accommodation Daddy will levy an administration fee of ZAR450.00, which fee is non-refundable and may be deducted from the Security and Breakages Deposit.
CANCELLATIONS AND REFUNDS
- There shall be no refunds of any payments nor any cancellations of Accommodation agreements due to any circumstances outside of the reasonable control of the Accommodation Provider. For the avoidance of doubt, no refunds shall be due to you for shortened stays, fewer guests than originally indicated arriving or staying or ruined expectations arising as a result of weather conditions, cancelled or delayed flights, sickness or injury, family circumstances, work circumstances, visa or travel restrictions and the like. You are entirely responsible for familiarising yourself with any travel restrictions that may apply to you or to the territory in which the property is located. For further information on refunds, please read the Guest Cancellation, Amendment And Refund Policy here.
- You agree to be bound by the terms and conditions of the Guest Cancellation, Amendment And Refund Policy (or the accepted corresponding channel policy) and acknowledge that you shall have no other claims for any refunds other than as provided for in that policy.
- Should the Property become unavailable for the Accommodation Period for whatever reason then this Agreement will be cancelled and all fees paid by the Guest up to this date will be refunded and that there will be no further liability as detailed in clause Liability and Indemnity below.
- OCCUPATION WILL NOT BE GRANTED UNLESS ALL PAYMENTS FOR COSTS HAVE BEEN RECEIVED.
YOUR OBLIGATIONS IN RESPECT OF THE PROPERTY
- Throughout the period of your rental, you shall be responsible for keeping the property in good order and shall use the property only in a careful and lawful manner during your stay. You agree to adhere to the house rules and guidelines specific to the building, sectional title scheme or condominium. You shall leave the property in a clean, habitable and ready to rent condition at the expiration of your rental.
- Unless specifically stated, cleaning services, towel and linen changes and the provision of cleaning supplies, and consumables and their replenishment are not included.
- You shall be liable for any breakages or damage caused to the property or any part thereof including the exterior and any garage, lift, staircase, gardens or swimming pool serving the property and any of the furniture, fixtures, fittings, appliances or other belongings therein that may occur during the period of your rental, including all replacement and repair costs, whether such damages or losses where sustained as a result of your own actions or omissions or those of any other person during the period of your rental agreement. You shall only be liable for damages or losses sustained to common areas serving the property where such damages or losses result from your own actions or omissions or those of any persons entering the property as a result of your actions or omissions. You shall pay all such charges to Accommodation Daddy on demand. Any damage or breakage to any part of the property or any of the belongings therein shall be reported to Accommodation Daddy as soon as practicable after the damage or loss arising. Accommodation Daddy shall be entitled to deduct any amounts due by you from the Security and Breakages Deposit.
- For the duration of your rental period, you and any other person entering the property as a result of your actions shall behave in a diligent and courteous manner that is respectful of the rights of others to enjoy the peaceful occupation of their surrounding properties. You shall refrain from excessive noise or loud music and acknowledge that any breach of this clause shall entitle the Accommodation Provider to immediately terminate your rental agreement without prejudice to any of the Accommodation Provider’s rights in law.
- No parties, functions, events or commercial activities are allowed at the Property.
- The total number of Occupants shall not exceed the quantity specified in the listing of the Property on the Accommodation Daddy Services and in the amount provided by the Guest in the Booking Transaction Summary.
- At no time during the Accommodation Period will the total number of visitors of the Guest to the Property exceed the total number of Occupants specified in the Booking Transaction Summary. This is provided that this total number does not exceed limits that may be prescribed by council by-laws, fire safety regulations or elsewhere.
- Unless expressly advertised to the contrary at the time you make your booking, or unless otherwise agreed to in writing, smoking is not permitted on or near the property, including any common areas serving the property.
- You will not do or permit anything to be done or bring onto or keep on the property anything which may introduce a risk to the property or to any persons occupying or visiting the property.
- No animals and/or pets of any kind shall be kept on or about the property, for any amount of time, without obtaining the prior written consent of the Accommodation Provider on such terms and conditions as the accommodation provider may determine in its sole and absolute discretion.
- You shall vacate the property and return all keys and other property which may have been furnished to you by or on behalf of the Accommodation Provider by 10h00 local time on the departure date provided in the transaction summary or the first morning following any prior termination of the rental agreement by the Accommodation Provider as a result of your breach of the provisions of this Agreement.
- Should you hold over beyond the departure date or fail to vacate all possessions on or before the departure date, you shall be liable for additional rent at twice the daily rate and damages which may include damages due to Accommodation Provider’s loss of prospective new Guests.
LIABILITY AND INDEMNITY
- Except where arising as a result of the gross negligence or intentional unlawful actions or omissions of any of the indemnified persons mentioned in this paragraph, you hereby indemnify and hold the Accommodation Provider, its directors, agents, employees and service providers harmless against any and all claims of personal injury, loss of life, property damage or other forms of damage or loss arising from use or occupation of the property, including any such claims that may be made by any other person who enters the property as a result of your actions or omissions, regardless of the nature of the accident, injury or loss.
- The Accommodation Provider, its directors, agents, employees and service providers shall not be liable to you, nor shall you have any right to cancel your rental agreement, nor to any reduction in rental, where the property experiences any power, water, communications, internet or other utilities outages caused by electrical suppliers, service providers or distributors, nor as a result of any other circumstance arising which is beyond the reasonable control of the Accommodation Provider.
- All personal belongings, baggage, vehicles, documents, passports and other property of any description brought onto the property shall be at the sole and exclusive risk of you at all times and the Accommodation Provider, its directors, agents, employees and service providers shall not have any responsibility to you or any third party for any loss, damage or destruction thereto. You shall be liable for any damages, losses or harm arising or resulting from your own actions or omissions as well as the actions or omissions of any person who enters the property during the period of your rental and any person who enters the property at any time as a result of your actions or omissions. You are required to exercise all reasonable precautions to minimize the risk of theft from or about the property and the Accommodation Provider shall not be responsible for the provision or effective working of any security measures in relation to the property other than lockable doors and closable windows.
- Where you contract for the provision of any cleaning or housekeeping services in relation to the property, you agree that the Accommodation Provider may contract with third parties for the provision of those services and that any claims that you may have arising from damages, losses or theft as a result of the actions or omission of those third parties shall be limited to claims against those third parties and not against the Accommodation Provider, its directors, agents, employees and service providers. Without detracting from the exclusions or limitations of liability provided for elsewhere in this Agreement, you agree that any and all liability that the Accommodation Provider, its directors, agents, employees and service providers may have to you for any claims arising from any causes or reasons whatsoever pursuant to any transaction entered into between you and the Accommodation Provider in relation to a property shall not exceed an amount equal to the total rental fees and charges paid by you in relation to the property.
10.1 TERMINATION FOR BREACH
- Should you violate any of the terms of this Agreement, the Accommodation Provider shall have the right to immediately terminate your rental of the property without prejudice to any of the Accommodation Provider’s rights in law.
10.2 RIGHT OF ENTRY & INSPECTION
- The Accommodation Provider and its agents has the right to enter and/or inspect the property at any reasonable time and without notice to enforce the terms of this Agreement. Where reasonable, you acknowledge and agree that, on prior notice to you, the Accommodation Provider shall be entitled to show the property to other prospective guests, tenants or purchasers thereof.
10.3 EXCLUSION OF WARRANTIES AND REPRESENTATIONS
- You acknowledge that the Accommodation Provider has used its reasonable endeavours to describe the property to you within the limited extent of the communications between you and the Accommodation Provider and, subject to your statutory rights as a consumer, the Accommodation Provider, its directors, agents, employees and service providers shall not be liable to you in any respect should you consider the Property to be unsuitable for any reason whatsoever. Such reasons could include but are not limited to factors related to accessibility, mobility, layout and dimensions of the Property, its common areas, views from the property, garden, parking. points of entry and exit, immediate vicinity, the physical condition, health and age of yourself and the other Occupants.
- You acknowledge and agree that no promises, undertakings, warranties or representations of whatsoever nature were given to you prior to the entering into this Agreement other than as may be recorded in this document.
- The Accommodation Provider, its directors, agents, employees and service providers makes no representation and gives no warranties that the property shall be free from defect or fit for any particular purpose, notwithstanding whether any such purpose may be known to the Accommodation Provider or not. To the maximum extent possible in law, all such representations and warranties are expressly excluded from this Agreement.
10.4 NO SUBLETTING OR CESSION OF RIGHTS
- You agree not to cede, transfer or assign any of your rights or obligations in terms of this Agreement. You agree not to re-let or sublet the property or any part thereof.
10.5 PARTIAL INVALIDITY
- If any provision of this Agreement is in conflict with any governing law, that part shall be void to the extent that it is in conflict, but that invalidity shall not invalidate this Agreement nor affect the validity or enforceability of any other provisions.
10.6 NO WAIVER
- The Accommodation Provider’s indulgence of any partial performance or non-performance by you, its failure to exercise any of its rights, or its acceptance at any time of rent or other charges with knowledge of any default or breach by you of this Agreement shall not constitute a waiver of any of the Accommodation Provider’s rights nor an acceptance of any default or breach.
10.7 LEGAL FEES & COSTS
- Each of you and the Accommodation Provider (“the Indemnifying Party”) agree to pay the legal costs of the other party on the scale of attorney and own client where the other party is successful in making any legal claim against the Indemnifying Party arising from or in relation to this Agreement and any property rental subject to this Agreement. You furthermore agree to pay all reasonable costs and expenses that may be incurred by the Accommodation Provider in taking any steps to enforcing the provisions of this Agreement or in exercising any of its rights in terms of this Agreement.
- Where you enter into this Agreement on behalf of a non-natural person, such as a corporation, you agree to be personally bound as surety and co-principal debtor for all payments, liabilities and other obligations of that non-natural person and you renounce and disclaim any requirement that the Accommodation Provider must first seek to enforce its rights against the non-natural person before placing any reliance upon the provisions of this clause and claiming any amounts or other relief from you personally.
10.9 INTERPRETATION & GOVERNING LAW
- In this Agreement, any words expressing the singular shall be deemed to include the plural and vice versa and reference to any one gender shall include the other. Any reference to persons includes both legal and natural persons. Unless otherwise agreed to between the parties to this Agreement or unless otherwise mandated by law, where any dispute arises in relation to a particular property marketed or booked via Accommodation Daddy, this Agreement shall be interpreted and applied in accordance with the laws of the territory in which that property is located. In all other respects, this Agreement shall be interpreted and applied in accordance with the laws of the Republic of South Africa. Paragraph headings shall have no bearing on the interpretation of the clauses in this Agreement and any rule of interpretation whereby an ambiguity, gap or inconsistency shall be interpreted against the party responsible for its drafting is excluded from this Agreement.
10.10 GENERAL TERMS
- The terms and conditions contained in this Agreement constitute all of the terms and conditions agreed to between the parties and no addition to, nor any variation, amendment, cancellation or novation of this Agreement shall be of any force or effect unless reduced to writing and signed by the duly authorised representatives of both of the parties.
- The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
- These terms and conditions may be updated from time to time without prior notice to you and any such revisions shall take effect on the date of publication to the Accommodation Daddy website. You should review the terms and conditions and familiarise yourself with any revisions each time you make a new booking for any property.
This Agreement was last updated on 17 May 2017