Terms And Conditions

GENERAL CONDITIONS OF RENT
(ANNEXURE “A”)

1. INTERPRETATION:-

1.1. In these General Conditions of Rent and overall agreement:-

1.1.1. References to the masculine gender shall include the feminine and neutral genders
           and vice versa.

1.1.2. References to the singular shall include the plural and vice versa.

2. Definitions applicable to the Lease Agreement, unless inconsistent with or otherwise indicated by the
    context are:

2.1. Booking form means the booking form completed by the tenant and which, together with
        these General Conditions of Rent, constitute a valid and binding Lease Agreement.

2.2. Cancellation Charges means the cancellation damage payable by the Tenant as set out
        in paragraph 6 below.

2.3. Confirmation Date means the date on which the original or faxed copy of the duly signed
        Booking form is received by Red Cherry and there has been receipt of the deposit, or
        compliance with clause 4 of the Booking Form, into the nominated bank account.

2.4. Lease Agreement means the Agreement of Lease that is constituted by and consists of the
        provisions of the booking form and the general conditions of rent.

2.5. Receipted Payment means when the respective payments made by the Tenant are reflected
        as credits in the Nominated Bank Account.

2.6. Notice of Confirmation of Booking means the acknowledgement from Red Cherry sent to the
        Tenant that there has been confirmation of booking.

2.7. Occupants mean all the persons, including the tenant staying over-night in the premises
        during the occupation period and, where the context requires it, will include guests of the
        occupants.

2.8. Occupation date means the first day of the occupation period as stipulated in clause 4 of the
        booking form.

2.9. The Parties means the Owner and the Tenant.

2.10. All references to time in the Lease Agreement will be references to South African time.

3. Rental of the Premises

3.1. In order to secure the rental, the Tenant shall:

3.1.1. Fax the signed and initialled Booking Form to Red Cherry, and

3.1.2. pay the stipulated deposit within 48 hours of Red Cherry receiving the signed booking
           form and accepting the booking, or

3.1.3. the full rental if within ten (10) days of occupation plus,

3.1.4. the required breakages deposit, into the nominated bank account or deposit the
           same by such other manner as agreed with Red Cherry

3.2. A failure to pay the deposit as required by 3.1.2. above within the period stipulated therein,
        will result in the booking lapsing.

4. Payment of balance of the rental

4.1. In order to sustain the rental, the tenant shall electronically transfer the balance of the rental
        into the nominated bank account before and by no later than ten (10) days before the
        occupation date; and

4.2. in order to be given occupation on arrival, the Tenant shall:-

4.2.1. Electronically transfer into the nominated bank account the refundable breakage and
           security deposit, before and no later than ten (10) days before the occupation date; or

4.2.2. make arrangement on check in on arrival and before occupation, with Red Cherry, to
           cover the sum of the refundable breakage deposit by freezing such amount on the
           tenant's Visa or Master Card giving a card imprint in favour of the Agent, and signing
           an agreement which includes giving notice to the tenant's credit card bank of the
           possible debit.

4.3. Red Cherry reserves the right to cancel the booking if the balance is not paid when it falls due
        under the terms of this agreement and to levy cancellation charges as detailed in paragraph
        6.2. below.

5. Changes to rental:-

5.1. Red Cherry together with the Owner will assist as far as may be possible to accommodate
        minor changes in the rental requested by the tenant in writing 42 or more days before
        occupation, if such changes can possibly be accommodated.

5.2. Red Cherry shall be entitled to charge an amount of R250.00 for each change in the rental.

5.3. Name changes from the Tenant may be treated as a cancellation and be subject to
        cancellation charges.

5.4. If a tenant chooses to modify their holiday arrangements after commencement of the holiday
        i.e. change of accommodation, or the duration of stay, they will be deemed to have broken
        their contract.

5.5. Neither Red Cherry nor the owner will accept liability for any loss, damage or additional
        expenses and no refunds for unused services or arrangements will be made.

6. Cancellation of holidays by tenant

6.1. Any requests for changes in or cancellation of the Lease Agreement cannot be accepted if
        made verbally and must be made in writing to Red Cherry and delivered by secure e-mail,
        registered post or by fax, by the Tenant, and

6.2. cancellations will only become effective upon the receipt by Red Cherry of the written
        notification that will invoke cancellation charges that will be payable by the Tenant as
        follows:-

Days before occupation date                                forfeiture / loss

More than 10 days (excluding the 1st day)       the full deposit
10 days or less (excluding the 1st day)               the entire rental

6.3. A refund will only be considered in the event that Red Cherry has been able to re-let the
        accommodation at the same or higher rental. Any loss suffered by the owner, subject to a
        minimum charge equal to 50% of the rental, shall be deducted from any monies refunded to
        the Tenant.

6.4. Tenants are advised to take out holiday insurance covering the tenant's own liability and
        cancellation / curtailment risks for any reason.

6.5. Some properties may be subject to cancellation charges which differ from these detailed
        above and tenants will be advised at the time of booking of any difference.

6.6. In the event of a cancellation charge arising, the amount due must be paid by the tenant
        within 7 (seven) days of the charge arising, notwithstanding the fact that any charges may be
        covered by his / her insurance policy.

7. Cancellation by the owner:-

     The owner / Red Cherry reserves the right to cancel the tenant's rental under the following
     circumstances:-

7.1. If the premises are rendered unsuitable by force majeure, including but not limited to fire,
        flood, or acts of God, then in such case Red Cherry will make every effort to find an alternate
        booking arrangement of a similar standard, if available, or the owner will repay to Red Cherry
        on demand the pro rata portion of the rental in relation to the occupation period during
        which the tenant is not able to occupy and enjoy the reasonable usage of the premises.

7.2. If the Tenant has failed to pay the balance of the rental on time and remains in default
        despite Red Cherry having given the Tenant 48 hours notice to rectify the omission, then Red
        Cherry shall be entitled to cancel the Lease Agreement, in which case cancellation charges
        as described in paragraph 6.2. above will be applied.

7.3. Provided that the owner complies with rental condition 7.1. and 7.2. the owner will not be
        liable for breach of contract or any claim that may result from any inconvenience suffered.

8. Death, personal injury or loss of property:-

8.1. The occupants use the accommodation at their own risk. Neither Red Cherry
        Accommodation, any of its employees or officers, nor the owner of the accommodation will
        be liable for any loss or damages that the occupants may suffer as a result of any death,
        injury, theft, damage to property, accident or any event of whatsoever nature occurring
        during the occupation of the accommodation, whether as a result of Red Cherry
        Accommodation (or its employees/officers) or the owner’s default, negligence or otherwise.
        Most properties have dangers such as swimming pools, dry stone walls, steep staircases,
        unfenced drops etc., so the occupants to the premises must take care. All swimming pool
        usage is at the occupants' own risk. Children must always be supervised by adults.

8.2. The occupants must provide their own comprehensive travel, medical and other insurance
        which must be in force for the whole rental period.

8.3. The Occupants shall accept full responsibility for any accidents caused by or arising out of
        their own negligence, misuse of property or failure to comply with applicable statutes and
        regulations. Equally, no claims of any sort will be entertained by the owner or Red Cherry in
        the event of incidents occurring whilst occupants or guests are under the influence of
        alcohol or any drugs, whether therapeutic or not.

9. Occupancy

9.1. The Premises will be available for occupation from 15:00 on the occupation date.

9.2. Occupants are to leave the premises before 11:00 on the termination date, failing which Red
        Cherry has the right to charge the Tenant for an extra day (or longer where applicable). In
        the event that a Tenant or occupant fails to leave the premises and causes the owner to
        suffer damages, the owner's right to claim such damages remain reserved.

9.3. The Tenant shall notify Red Cherry within 2 (two) days after the occupation date, of any
        defect in the premises or the absence of any item on the inventory, failing which the Tenant
        shall be deemed to have acknowledged that the premises were received in good order. The
        Owner, through Red Cherry will arrange for rectification within 48 hours, or such period as
        arranged with the Tenant.

9.4. The Tenant shall advise Red Cherry in advance, or at the time, of any increase in the number
        of occupants and / or guests above the occupancy limit for the premises, at any time during
        the occupation period. Red Cherry will confer with the owner for consent for the additional
        guest/s and if granted the Tenant will be invoiced at the daily occupant rate for such
        additional occupants.

9.5. If the owner's consent is not given for the additional occupants, then having the additional
        occupant stay overnight will constitute a breach of contract exposing the Tenant and
        Occupants to be evicted with no refund.

9.6. The Tenant may not sublet the whole or any part of the premises to any third party, nor may
        the tenant cede and / or delegate any of his rights or obligations under the lease.

9.7. The Occupants shall not do anything which could damage the premises or render any
        insurance policy in respect of the premises void or voidable.

9.8. Should the Occupants break or lose anything of the Owner's, they must advise Red Cherry so
        that Red Cherry can arrange replacement or repair, to the same standards and quality as the
        object lost or broken. The Occupants must not try to rectify the problem themselves.

9.9. The Occupants shall comply with the rules of the body corporate (if applicable).

9.10. The Occupants may not make any alterations or additions to the premises, nor affix anything
          to the walls of the premises.

9.11. The Occupants shall only use the premises for residential accommodation purposes and the
          parking places only for parking of motor car/s.

9.12. The Occupants shall ensure that refuse does not remain on or outside the premises, save in
          the place provided.

9.13. The Tenant shall keep and maintain the interior of the premises clean and in good order and
          condition.

9.14. The occupants shall, upon vacating the premises, leave it in the same condition in which it
          was handed to them. Should this not be the case and should Red Cherry be required to
          effect cleanup work to the property, the occupants shall be liable for the costs thereof and
          Red Cherry shall be entitled to levy an additional charge of R300,00 for effecting such clean
          up work.

9.15. The Tenant shall bear the costs of unblocking waste pipes/drains/toilet cisterns, if these are
          blocked and caused by the tenant e.g.by flushing down materials that cause blocking of
          drains.

9.16. The Tenant is responsible for the cost of repairing or replacing all interior fixtures and fittings
          (including light bulbs) which may become broken or damaged.

9.17. To retain highest standards, not pets will be allowed.

9.18. The Tenant shall allow Red Cherry permission to enter the premises at any reasonable time on
          24 hours notice, to inspect the same in order to view the condition and state of repair
          thereof.

9.19. The keys are the responsibility of the tenant, no copies may be made and they shall all be left
          with Red Cherry on vacating the premises. Otherwise Red Cherry may charge the Tenant
          R100,00 per key not returned and R200 per remote not returned and if required by the Owner,
          replacement of the locks.

10. On the termination date, the Tenant shall:-

10.1. Return and deliver the premises in good order and condition to Red Cherry (fair wear and
          tear excepted).

10.2. Settle the telephone account for all calls between the telephone meter reading as at the
          occupation date and as at the termination date. The Tenant shall settle such account
          immediately on presentation of an account from Red Cherry. Failing such settlement, Red
          Cherry shall be entitled to set off this amount against the deposit held in terms of clause 12.

10.3. Settle the costs of any additional services requested by the tenant and provided by the
          owner or Red Cherry.

10.4. If the tenant wishes to extend the occupation period, and subject to the premises being
          available, this could be arranged with Red Cherry for an agreed additional rental. Such
          additional rental shall be paid in advance.

11. Occupant behaviour:-

11.1. The occupants must behave in a manner that is considerate to others. Disruptive behaviour
          caused by loud music and / or late night or early morning rowdiness will not be tolerated.

11.2. If the occupants cause unreasonable annoyance, noise, distress, damage, crime or danger,
          the owner has the right to evict the occupants.

11.3. No parties or functions such as weddings are allowed without the owner / Red Cherry's prior
          consent.

12. Breakage and Security Deposit:-

12.1. The tenant undertakes and agrees to sign documentation prepared by Red Cherry in order
          to freeze the breakage and security deposit per paragraph 4.2.2. above.

12.2. Should the amount of damages suffered exceed the deposit the tenant will remain liable for
          the payment thereof.

12.3. Upon expiry or earlier termination of the Lease Agreement, Red Cherry shall be entitled to
          debit the credit card with the breakage and security deposit in the event that any amount
          is owing by the tenant to the owner, for payment of any unpaid accounts, costs of services
          rendered to the occupants at the premises, for repairs, maintenance and / or replacement
          of broken or missing items at the premises. These costs will include any bank charges or
          credit card commission incurred.

12.4. The tenant may not under any circumstances whatsoever set-off monies owing by him under
          the Lease Agreement, against the breakage and security deposit.

12.5. The balance of breakage and security debit under 12.2. above held after settlement of
          items per 12.2. above shall be refunded to the Tenant after all the work and attendances
          involved, if any, have been completed, which could reasonably be expected within (2) two
          months of the termination date unless the necessary repairs or replacement of broken /
          missing items take longer than this period to rectify.

13. Owner's Duties, Rights and Obligations:-

13.1. The owner undertakes at its own cost and for the duration of the occupation period to:-

13.1.1. Ensure that the premises are clean, in good order and condition and suitable to be
             let.

13.1.2. Ensure that the premises (including all contents therein) are adequately insured
             against damage, destruction and / or any loss which the owner may suffer as a result
             of theft or break-in and / or fire, during the occupation period. The insurance should
             include coverage for public liability, SASRIA and malicious damage.

13.1.3. Ensure that the premises are let with all the furnishings, fittings, appliances, equipment
             and amenities represented by the owner as being in or forming part of the premises;

13.1.4. provide an adequate housekeeping service not less than once a week on business
             days only and if the premises consists of four bedrooms or more, provide a
             housekeeping service not less than five times a week;

13.1.5. ensure that linen is changed at least once a week;

13.1.6. provide a pool and gardening service (where necessary, not less than once a week);

13.1.7. make the premises available in good and clean condition with all fittings, appliances,
             equipment and amenities in sound and good working order.

13.1.8. Supply a continuous supply of electricity

13.2. The owner further undertakes to and in favour of the tenant that it will, as soon as is
          reasonably possible, inform the Tenant, via Red Cherry, of any facts and / or changes in
          circumstances which may be material to, and or may affect the tenant's
          use and enjoyment of the premises, including, but not limited to any
          alterations of changes to the premises or neighbouring including
          lrenovations, refurbishing, constructions or reconstructions.

14. Description of Premises:-

14.1. Minor differences between the actual premises and any description or illustration thereof
          may exist. While Red Cherry and the Owner take all reasonable steps to ensure the accuracy
          of such description and illustrations, they will not be liable for any non-material errors or
          differences or for the results thereof.

14.2. Non-material differences in the description of the premises will not amount to a breach of
          the Agreement and will not entitle the Tenant to cancel the Agreement.

15. JURISDICTION:-

15.1. The Lease Agreement shall be interpreted and governed in accordance with the laws of the
          Republic of South Africa. The parties hereby consent to the exclusive jurisdiction of the
          Western Cape High Court, Cape Town.

15.2. Notwithstanding the provisions of 15.1. above, the Tenant hereby, in terms of Section 45 of
          the Magistrate's court Act 32 of 1944 (as amended), consents to the jurisdiction of the
          Magistrate's Court in respect of any action or proceedings arising out of this Agreement.

16. DOMICILIUM CITANDI ET EXECUTANDI:-

16.1. The Tenant appoints as his domicilium citandi et executandi for all purposes, at the Premises
          during the Occupation Period and otherwise at the address set out in clause 2 of the
          booking form.

16.2. All notices to be given to the Tenant during the occupation period shall be in writing and
          hand delivered to the premises and otherwise sent by e-mail or fax at the address set out in
          clause 2 of the booking form.

16.3. All notices to be given to the owner relative to the Lease Agreement should be in writing
          and hand delivered to Red Cherry in the person of Robyn Myers or sent to her e-mail or fax at
          the address and number appearing on the booking form.

17. BREACH:-

17.1. If any party commits any breach of any of the terms and conditions of this Agreement (the
          defaulting party) then the remaining party (the aggrieved party) shall be entitled to give
          the defaulting party 48 hours notice to remedy such breach, and if the defaulting party fails
          to comply with such notice then the aggrieved party shall be entitled, but not obliged,
          without prejudice to any other rights which the aggrieved party may have in law, including
          the right to claim damages:-

17.2. To cancel the agreement or

17.3. Claim immediate performance and / or payment of all the defaulting party's obligations in
          terms hereof.

18. GENERAL:-

18.1. The Lease Agreement cancels and supersedes any prior agreement between the parties,
          verbal or otherwise.

18.2. The Lease Agreement contains the entire agreement between the parties relating to these
          presents.

18.3. No alteration, variation or addition to the Lease Agreement shall be of any force or effect,
          unless reduced to writing and be signed by the parties to this agreement or their authorized
          representatives.

18.4. No indulgence, leniency or extension of time which any party may grant or show, shall in any
          way prejudice such party or preclude it from exercising any of its rights in the future.