STANDARD TERMS & CONDITIONS
1. It is recorded and agreed that:
1.1 the duration of the Tenants occupation of
the Premises shall be as stated above, both dates inclusive, subject
always to the provision of clause 25.4;
1.2 the number of occupants of the Premises
during the duration of this agreement shall not exceed the number as
stated above.
2. It is agreed that in order to confirm the
provisional reservation the Tenant must ensure that Neptune Guest
House receives the Deposit referred to above, in a form acceptable to
Neptune Guest House, together with a duly completed and signed copy
of this agreement.
3. The balance of the total amount owing in
respect of the reservation shall be settled in a form acceptable to
Neptune Guest House at least 30 days prior to the arrival of the
Tenant.
4. In the event of cancellation of the confirmed
reservation more than 30 days prior to the agreed date of arrival,
Neptune Guest House reserves the right to retain the full amount of
the deposit.
5. In the event of cancellation of the confirmed
reservation less than 30 days prior to the agreed date of arrival,
Neptune Guest House reserves the right to retain and/or claim the
full amount of the rental cost.
6. Every person included in the booking must
have travel insurance in force for the entire duration of the Tenants
occupation of the Premises.
7. A refundable deposit shall be paid by the
Tenant on the date of full payment and shall be retained by Neptune
Guest House until up to a maximum of 20 days after the expiration or
earlier cancellation of this agreement whereupon Neptune Guest House
shall be entitled to deduct there from any amount arising out of the
cost of repairing any damage to the Premises and/or to the contents
thereof and any other expense whatsoever for which the Tenant might
be liable in terms hereof and the balance of such deposit, if any,
shall then be refunded to the Tenant after the Premises have been
vacated and Neptune Guest House has had the opportunity to inspect
the Premises for the purposes hereof.
8. The Tenant who makes a booking thereby
warrants his/her authority on behalf of all persons included in the
booking to agree that all such persons shall be bound by the terms
and conditions of this rental agreement.
9. The Tenant shall use the Premises for
residential accommodation only.
10. The Tenant shall notify Neptune Guest House
within 24 hours after the date of arrival of any defects in the
Premises and shall, if the Tenant has not notified Neptune Guest
House as aforesaid, be deemed to have acknowledged that the Premises
were received in good order and condition.
11. The Tenant shall keep the Premises and its
contents in good order and condition as they were on the date of
arrival and shall return the Premises and the contents in the same
good order and condition on the date of departure and all costs
incurred in repairing any damage to the Premises or the contents
shall be borne by the Tenant.
12. Notwithstanding the provisions of clause 22
hereof, the Tenant shall use his best endeavours to keep the pool,
garden, yard and grounds in good order and condition.
13 The Tenant shall keep the Premises in a
clean, tidy and sanitary condition.
14 The Tenant shall not cede any of its rights
or delegate any of its obligations under this agreement.
15. The Tenant shall not sub-let, permit anyone
else to occupy or part with any possessions of the Premises or part
thereof.
16. The Tenant shall not do anything or permit
anything to be done in or on the entire Premises which is illegal
and/or may be or may become a nuisance or annoyance to or in any way
interfere with the comfort of neighbours.
17. The Tenant shall not have any claims of any
nature against Neptune Guest House for any loss, damage or injury
which the Tenant may directly or indirectly suffer by reason of any
latent or patent defects in the Premises or fire in the Premises or
theft from the Premises or by reason of the Premises or any part
thereof being in a defective condition or state of disrepair or any
particular repair not being effected by Neptune Guest House timeously
or at all or arising out of any defect in the water, gas or
electricity supply to the Premises or arising out of vis major or any
other cause either wholly or partly beyond Neptune Guest House
control or arising from any other cause whatsoever. The Tenant uses
the Premises entirely at his own risk.
18. Smoking is prohibited in the residence on
the Premises.
19. The Tenant shall not be entitled to keep or
to bring onto the Premises any pets without the prior written consent
of Neptune Guest House.
20. The Tenant shall not be entitled to make any
duplicates of any keys in respect of the Premises without the prior
written consent of Neptune Guest House and shall, upon departure,
forthwith deliver all keys (including remote controls) to Neptune
Guest House or its appointed agent.
21. Neptune Guest House shall at any time have
reasonable access to the Premises for the purpose of inspecting the
Premises or for showing prospective tenants or purchasers the
Premises or for any other reasonable purpose provided that Neptune
Guest House shall exercise its rights in terms hereof with the least
possible inconvenience to the Tenant.
22. Neptune Guest House shall ensure that the
Premises shall be serviced and cleaned and shall ensure that the
garden and swimming pool are serviced and cleaned weekly. Any
servicing and/or cleaning needing to be done on the Premises outside
of the scope of the normal servicing and/or cleaning of the Premises
will be for the Tenants account.
23. The Tenant undertakes to pay to Neptune
Guest House an amount equal to any claim made against Neptune Guest
House by anyone for any loss, damage or injury suffered in or on the
Premises in consequence of any act or omission by the Tenant or any
persons under the Tenants control.
24. In terms of Section 45 of the Magistrates
Court Act 1944, as amended, the Tenant consents to the jurisdiction
of the Magistrates Court having jurisdiction of the in respect of any
action or proceedings which may be instituted against the Tenant in
terms of or arising out of this agreement notwithstanding the amount
of the relevant claim. Notwithstanding the a foregoing Neptune Guest
House will be entitled, in its discretion, to institute any action or
proceeding against the Tenant in terms of or arising out of this
agreement at any High Court which has jurisdiction.
25. Should the Tenant:
25.1 fail to pay any amount due in terms of this
agreement on due date; or
25.2 commit or allow the commission of any other
breach of this agreement and fail to remedy that breach within a
period of 7 (seven) days after the receipt of notice to that effect
by Neptune Guest House; or
25.3 repeatedly breach any of the terms of this
agreement in such a manner as to justify Neptune Guest House in
holding that the Tenants conduct isinconsistent with the intention or
ability of the Tenant to carry out the terms of this agreement, then
and in any of such events Neptune Guest House shall without prejudice
to its right to claim damages or to its right to eject the Tenant
from the Premises or to any other claim of any nature whatever that
Neptune Guest House may have against the Tenant as a result thereof:
25.4 be entitled to cancel this agreement; or
25.5 in the case of the sub-clause 25.2 hereof
be entitled to remedy such breach and immediately recover the total
cost incurred by Neptune Guest House in so doing from the Tenant.
Should Neptune Guest House institute action against the Tenant
pursuant to a breach by the Tenant of this agreement, then without
prejudice to any other rights which Neptune Guest House may have,
Neptune Guest House shall be entitled to recover all legal costs
incurred by it including attorney and own client charges, tracing
fees and such collection commission as Neptune Guest House is obliged
to pay to its attorneys from the Tenant.
26. The validity, interpretation and performance
of this agreement will be governed by the law of the Republic of
South Africa. The parties submit to the jurisdiction of the courts of
the Republic of South Africa in respect of any dispute that arises in
connection with this agreement.
27. No alteration, cancellation, variation of or
addition hereto shall be of any force or effect unless reduced to
writing and signed by all parties to this agreement or their duly
authorised representatives.
28. This agreement cancels and supersedes the
terms and conditions of all prior negotiations and agreements between
the parties.
29. This document contains the entire agreement
between the parties and no party shall be bound by any undertakings,
representations, warranties, promises or the like not recorded
herein. This agreement shall be binding upon all the parties who have
executed it notwithstanding the failure of any person set forth
herein as a party to do so.
30. No indulgence, leniency or extension of time
which Neptune Guest House may show to the Tenant shall in any way
prejudice Neptune Guest House or preclude Neptune Guest House from
exercising any of its rights in the future.
31. Regarding domicilium citandi et executandi,
notices and communications:
31.1 The parties choose as their domicilium
citandi et executandi for all purposes under this agreement, whether
in respect of court process, notices or other documents or
communications of whatsoever nature, the addresses as aforesaid.
31.2.1 Notice or communication required or
permitted to be given in terms of this agreement shall be valid and
effective only if in writing but it shall be competent to be given by
telefax or e-mail
31.2.2 Any party may by notice to any other
party change the physical address chosen as his domicilium citandi et
executandi vis-à-vis that party to another physical address where
postal delivery occurs in South Africa or his postal address or his
telefax number or e-mail address, provided that the change shall
become effective vis-à-vis that addressee on the seventh business day
from the receipt of the notice by the addressee.
31.3 Any notice to a party;
31.3.1 sent by prepaid registered post (by
airmail if appropriate) in a correctly addressed envelope to him at
an address chosen as his domicilium citandi et executandi to which
post is delivered shall be deemed to have been received on the
seventh business day after posting (unless the contrary is proved);
31.3.2 delivered by hand to a responsible person
during ordinary business hours at the physical address chosen as his
domicilium citandi et executandi shall be deemed to have been
received on the day of delivery; or
31.3.3 sent by telefax to his chosen telefax
number, shall be deemed to have been received on the date of despatch
(unless the contrary is proved); or
31.3.4 sent by e-mail to its chosen e-mail
address, shall be deemed to have been received on the date of
despatch (unless the contrary is proved).
31.3.5 Notwithstanding anything to the contrary
herein contained, a written notice or communication actually received
by a party shall be an adequate written notice or communication to
him notwithstanding that it was not sent to or delivered at his
chosen domicilium citandi et executandi.
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