GENERAL CONDITIONS OF OCCUPATION

1

Rates and Fees: -

1.1 Rates are quoted for the accommodation per night, in South African rand (ZAR), (inclusive of VAT where applicable).
1.2 Red Cherry Accommodation (hereinafter referred to as "RCA") reserves the right to alter or amend rates and rate periods prior to payment of the deposit within the stipulated date, as recorded in the Booking Form.
1.3 RCA shall levy an administration fee of R350 (three hundred and fifty rand) per booking, which administration fee shall be included in the initial invoice sent by RCA.
1.4 Only cash or electronic transfers shall be acceptable as forms of payment. Alternative payment methods may be accepted at RCA's sole discretion.
   
2

Payment of the Deposit and the Occupancy fee: -

2.1 A deposit of 50% (fifty per cent) of the total Occupancy fee specified in the Booking Form must be paid to RCA within 48 (forty-eight) hours of RCA issuing its invoice.
2.2 Proof of deposit must forthwith be sent to RCA via:
E-mail : bookings@redcherryaccom.co.za, or
Fax no: +27 (0) 86 6073984
2.3 Payment of the deposit is deemed to be acceptance of these Conditions of Occupation, as well as the Rules of the Establishment. No binding contract is in force until such time as:
2.3.1 the deposit has been paid and cleared; and
2.3.2 a completed and signed Booking Form has been received and vetted by RCA; and
2.3.3 subsequent confirmation is communicated to the Guest.
2.4 The balance of the Occupancy fee, must be paid to RCA by no later than 31 (thirty-one) days prior to check-in. In the event that the booking is made less than 31 (thirty-one) days prior to the check-in, the full Occupancy fee shall be paid within 48 (forty-eight) hours of RCA receiving and accepting the booking, subject to the specific proviso that no occupation of the premises shall be given without receipt by RCA of the total Occupancy fee and the signed and completed Booking Form.
2.5 The signed and completed Booking Form must be received by RCA no later than 48 hours after it has been sent.
2.6 RCA may, at its sole discretion, elect to cancel the booking should the Guest fail to:
2.6.1 effect payment as stipulated in paragraph 2.1 and 2.4 respectively; and
2.6.2 return the completed and signed Booking Form within 48 hours after it has been sent.
2.7 Notwithstanding any other provision herein contained, the Guest shall be required to effect payment of the full Occupancy fee and return the signed and completed Booking Form to RCA on date of issue of the invoice in respect of any booking made less than 48 hours prior to check-in.
2.8 Should the Guest fail to arrive on the check-in date the Guest shall be liable for the full Occupancy fee.
   
3

Cancellation of the booking by the Guest:-

3.1 Any requests for changes in or cancellation of the booking shall only be effective if made in writing and delivered to RCA by secure e-mail or by fax by the Guest; and
3.2 cancellation charges payable by the Guest pursuant to a cancellation in terms of paragraph 3.1 above shall be as follows: -
  Days before occupation date forfeiture / loss
  31 (thirty-one) days or more the full deposit shall be forfeited
  Less than 31 (thirty-one) days

the entire occupancy fee shall be forfeited

3.3 Refunds and waiver of cancellation policies are at the discretion of Management and its ability to re-let the accommodation at the same or a higher rental. Any loss suffered by the Owner, subject to a minimum charge equal to 50% (fifty per cent) of the Occupation fee, shall be deducted from any monies refunded to the Guest.
3.4 All confirmed bookings for more than 30 (thirty) consecutive days, the full Occupancy fee will be forfeited in the event of any cancellation by the Guest.
3.5 GUEST INSURANCE:Guests are advised to take out suitable insurance covering the Guest's own liability and cancellation/curtailment risks for any reason.
3.6 RCA's cancellation policy, reflected in paragraph 3.2 above, shall apply to all transactions unless an alternative cancellation penalty is agreed upon between the parties and is recorded in the Booking Form.
3.7 In the event of a cancellation charge arising, the amount due shall be paid by the Guest to RCA within 48 (forty-eight) hours of the charge arising, notwithstanding the fact that any charges may be covered by his/her insurance policy.
3.8 The Guest shall not be entitled to cancel the booking as a result of a defect to the premises but shall afford RCA or Owner the reasonable period to remedy same.
   
4

Cancellation by the Owner and/or Red Cherry Accommodation:-

4.1 If the premises booked are sold or rendered unsuitable, which for the purposes hereof includes being partially or totally destroyed, by Force Majeure(Acts of God), including but not limited to fire, flood or civil unrest, RCA shall notify the Guest as soon as possible and shall make every effort to source alternate premises of a similar standard and at a similar price, if available. If similar premises cannot be sourced at a similar price or at all, RCA shall refund the deposit or full payment of the Occupancy fee (whichever has been paid) prior to the occupation period or a pro rata portion of the occupancy fee for the occupation period during which the Guest is not able to occupy the premises against receipt of such refund from the Owner. Neither the Owner, nor RCA shall be liable for any damage or loss arising from the aforesaid sale or the rendering uninhabitable of the premises as aforesaid.
4.2 The costs of any such relocation and alternative accommodation arising from a Force Majeure shall be settled from the Occupancy fee paid, and should such Occupancy fee be insufficient to cover such costs, the balance will be for the Guest's account.
4.3 The Guest shall hold RCA and its employees, agents and its members harmless in the event of any cancellation or breach of the terms of this agreement by the Owner and any claim in respect thereof shall be made directly against the Owner and to the exclusion of RCA, its agents, employees, villa manager and/or its members.
   
5

Changes to booking:-

5.1 Once confirmed, all changes to booking dates and changes in the premises booked shall be deemed to be a cancellation of the first booking.
5.2 RCA, together with the Owner, shall assist as far as may be possible to accommodate minor changes in the booking requested by the Guest, in writing, as long as such request is made more than 31 (thirty-one) days before check-in, and if such changes can possibly be accommodated.
5.3 RCA shall be entitled to levy a fee of R350.00 (three hundred and fifty rand) for each change in the booking.
5.4 A change in the Occupant occupying the premises shall be subject to the prior written approval of RCA and shall be in accordance with the rules of the booked Establishment.
5.5 Should a Guest or Occupant modify their accommodation arrangements after occupation of the premises, they will be deemed to have breached this contract and the cancellation reflected in paragraph 3 above shall be applicable.
5.6 Neither RCA nor the Owner will accept liability for any loss, damage or any additional expenses incurred by the Guest or any Occupant and no refunds for unused services or agreed arrangements will be made.
   
6

Property Use: -

6.1 RCA shall service the premises once weekly. Should more frequent cleaning be required by the Guest, this may be arranged with RCA at an additional rate of R350 (three hundred and fifty rand) per cleaning person. Bedding and towels in the premises shall be replaced once weekly.
6.2 The Guest shall be furnished with RCA's Welcome Guide, which includes safety and security precautions as well as the rules of the Establishment. The Guest undertakes to comply with the said rules and precautions and to inform any further Occupants and/or visitors of such regulations. The Guest undertakes to comply therewith and uses the accommodation at his own risk.
6.3 An inventory checklist is provided on arrival. The Guest shall notify RCA within 24 (twenty-four) hours of check-in of any defect in the premises or absence of any item as contained in the inventory, failing which the Guest shall be deemed to have acknowledged that all items on the inventory are in the premises and the premises were received in good order and condition.
6.4 Only the Guest named and the number of persons listed in the Booking Form may use the premises and under no circumstances may the number of people sleeping at the Premises exceed the maximum number of Occupants reflected in the Booking Form. Unless indicated otherwise in the Booking Form, visitors will be allowed on the premises, provided that the total sum of visitors does not exceed the maximum number of occupants allowed on the premises.
6.5 The premises may only be used for residential accommodation purposes and no business or profession shall be conducted therein.
6.6 The Occupants shall, upon vacating the premises, leave it in the same condition in which it was handed to them. Should RCA be required to effect clean-up work to the premises, the Occupants shall be liable for the costs thereof and RCA shall be entitled to levy an additional fee of R350.00 per person (three hundred and fifty rand) for effecting such clean - up.
6.7 No pets shall be allowed in the premises.
6.8 Smoking inside the premises is strictly prohibited.
6.9 No parties, functions or events, such as weddings, are allowed on the property. Should the Guest host an unauthorised event, RCA will charge the Guest the event rate for use of the premises. Such amount is due and payable immediately upon submission of the invoice. Furthermore, the Guest's agreement may be terminated immediately and the Occupant's will be required to vacate the premises.
6.10 The Occupants shall allow RCA permission to enter the premises at any reasonable time on 24 (twenty-four) hours' notice to the Occupant, to inspect the premises in order to view the condition thereof. In the event of an emergency, immediate access to the premises shall be given.
6.11 The Occupants shall permit viewings of the premises at all reasonable times and by reasonable prior notice.
6.12 The Guest/ person signing the Booking Form is responsible for the behaviour of everyone using the premises during the Occupancy period. If in the opinion of RCA, the Owner, or any other person in authority, the Guest or a member of his/her group behaves in a manner which causes or is likely to cause a danger, excessive disturbance (to neighbours) or damage to the premises, the Guest's agreement may be terminated immediately. In this event the Guest shall not receive any refund and he/she shall be fully liable for any expense incurred as a result of his/her behaviour or the behaviour of the persons in his/her group.
6.13 The keys and remotes are the responsibility of the Guest, no duplicates may be made and they shall all be left with RCA on vacation of the premises. For any keys or remotes lost or not returned, RCA may charge the Guest R100 (one hundred rand) per key not returned and R600 (six hundred rand) per remote not returned, and if required by the Owner, RCA may charge the Guest for the replacement of the locks and security tags.
   
7

Nuisance: -

7 The Occupants and visitors must behave in a manner that is considerate to others, disruptive behaviour caused by loud music and or late night or early morning rowdiness shall not be tolerated. The Guest undertakes to ensure that occupants and visitors do not cause any nuisance to neighbouring occupants and agrees that immediate eviction may be otherwise enforced by the Owner/RCA at the Guest's expense.
   
8

On Termination: -

8.1 On the termination date, the Guest shall:
8.2 Settle the telephone account for all calls between the telephone meter reading as at the occupation date and as at the termination date. The Guest shall settle such account immediately on presentation of an account from RCA. Failing such settlement, RCA shall be entitled to set off this amount against the breakage and security deposit held in terms of this agreement.
8.3 Settle the costs of any additional services requested by the Guest and provided by the Owner or RCA.
8.4 If the Guest wishes to extend the occupation period, and subject to the premises being available, this may be arranged with RCA for an agreed additional Occupancy fee, which shall be paid in advance by the Guest to RCA.
   
9

Breakage and Security Deposit:-

9.1 The Guest shall be liable to pay for any loss or damage to the premises and/or its contents, whether accidental or intentional. Any lost keys or remote control gadgets not returned will result in the lock and keys/remote control being replaced, and the Guest shall be liable for such costs.
9.2 All loss and/or damage to the premises and/or its contents will be charged at the fair repair and/or replacement cost of such item. The Guest shall further be liable to pay, to RCA, an administration fee of 5% on the full transaction as well as an additional fee of R350 (three hundred and fifty rand) per hour for managing the aforementioned replacement/repairs/damages/losses/lost keys.
9.3 The Guest agrees to pay a breakage and security deposit of R10 000.00 (ten thousand rand), or such other amount agreed upon between RCA and the Guest, by no later than 10 (ten) days prior to arrival at the Premises.
9.4 If the Guest hasn't paid the breakage and security deposit in advance, the Guest undertakes and agrees to either:
9.4.1 sign the credit card authorisation in and annexed to the Booking Form to reserve the breakage and security deposit on his credit card in accordance with the said authorisation;
or
9.4.2 obtain breakage guarantee cover at the Guest's cost and expense, to the value of R200 000.00 (two hundred thousand rand – the guaranteed amount) issued by Guardrisk Insurance Company. A copy of the said application is available on request. RCA will further aid the Guest should he require assistance with the processing of the application.
9.5 Any loss or damage to the premises shall be set off against the breakage and security deposit held by RCA. Should the amount of damages suffered exceed the amount of the breakage and security deposit, the Guest shall remain liable for the payment thereof, which sum is due and payable within 24 hours of presentation of the invoice by RCA.
9.6 Upon expiry or earlier termination of the Occupation period, RCA shall be entitled to either: -
9.7 deduct from the breakage and security deposit paid by the Guest, all breakages and/or damages and/or losses in and to the premises and the contents thereof occasioned during the Occupation period in respect of repairs, maintenance and/or replacement of broken or missing items and/or costs incurred in returning the premises to the condition as received by the Guest or occupant on check in, or
9.8 debit the Guest's credit card as per the credit card authorisation in and annexed to the Booking Form in respect of such breakages and/or damages and/or losses or any other amount due and payable by the Guest.
9.9 The Guest may not under any circumstances whatsoever set-off monies owing by him/her in terms of the booking against the breakage and security deposit.
9.10 The balance of breakage and security deposit held after settlement of the items reflected in paragraph 9.1 above shall be refunded to the Guest after all the work and attendances involved, if any, have been completed, which could reasonably be expected within (2) two months of the check-out date unless the necessary repairs or replacement of broken / missing items take longer than this period to rectify.
   
10

Death, Personal Injury or Loss of Property:-

10.1 The Occupants and visitors to the property use the accommodation at their own risk. Neither RCA, any of its employees or officers, nor the Owner of the premises shall be liable for any loss or damages which 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 RCA (or its employees/officers) or the Owner's default, negligence or otherwise.
10.2 The Occupants must provide their own comprehensive travel, medical and other insurance which must be in force for the whole Occupation period.
10.3 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 RCA in the event of incidents occurring whilst Occupants or guests are under the influence of alcohol or any drugs, whether therapeutic or not.
   
11

Description of Premises:-

11.1 Minor differences between the actual premises and any description or illustration thereof may exist. While RCA and the Owner have taken all reasonable steps to ensure the accuracy of such description and/or illustrations, they will not be liable for any non-material errors or differences, or for any consequential damage as a result thereof.
11.2 Non-material differences in the description of the premises will not amount to a breach of the Agreement and will not entitle the Guest to cancel the booking.
   
12

Jurisdiction:-

12.1 The Booking Form, General Conditions of Occupation and any further rules regulating the occupation of the property shall be interpreted and governed in accordance with the laws of the Republic of South Africa.
12.2 The Guest hereby, consents to the jurisdiction of the Magistrate's Court at Cape Town, notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said court, and for that purpose, the parties accordingly give their consent in terms of Section 45 of the said Act.
   
13

Domicilium:-

13.1 The Guest 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 the Booking Form.
13.2 All notices to be given to the Guest 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 the Booking Form.
13.3 All notices to be given to the Owner relative to the Booking Form or the General Conditions of Occupation should be in writing and hand delivered to RCA, or sent to the RCA e-mail or fax at the address and number appearing on the Booking Form.
   
14

General:-

14.1 The terms contained in the Booking Form and the General Conditions of Occupation cancel and supersede any prior agreement between the parties, verbal or otherwise.
14.2 The Booking Form and the General Conditions of Occupation contain the entire agreement between the parties.
14.3 No alteration, variation or addition to the Booking Form or the General Conditions of Occupation shall be of any force or effect, unless reduced to writing and be signed by the parties to this agreement or their authorized representatives.
14.4 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.
14.5 All the provisions of this agreement shall be severable and no provision shall be affected by the invalidity of any other provision. In the event that any one or more of the provisions contained herein shall, for any reasons, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.


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