T'S & C's | HillyHomes

Reservation Agreement

The Owner hereby offers to rent the Premises to the Tenant as accommodation, who by his/her deposit accepts the offer, subject to the terms and conditions hereunder. The Owner, herein represented by HillyHomes who warrants that it is duly authorised, in terms of a Mandate Agreement, to enter into this Agreement for and on behalf of the Owner.

Manager: HillyHomes

Postal address: P O Box 860, Sun Valley, 7975

Telephone: +27 84 419 0030

Email: info@hillyhomes.co.za

The Owner

Owner's details available on request.

The Tenant

Tenant’s details as per Reservation Confirmation.

The Premises And Occupants

The Premises Address, Occupation Date (Date of Arrival), Termination Date (Date of Departure), Rental Rate and Deposit Amount are all set out on the Reservation Confirmation.

Standard Terms And Conditions

1. Interpretation

In this Agreement, unless inconsistent with or otherwise indicated by the context;

1. "Manager" means HillyHomes

2. "Agreement" means the Agreement comprising the Reservation Agreement and the Reservation Confirmation;

3. "Deposit" means the payment contemplated in the Reservation Confirmation attached;

4. "Force Majeure" means any event beyond the reasonable control of a party and which could not reasonably have been foreseen by it at the Signature Date and shall include, but not be limited to, fire, flood, bad weather, act of God, the enactment of any legislation or the act of any other legally constituted authority, any cause or event arising out of or attributable to war;

5. "Inventory" means the video inventory of all the contents of the Premises available to the Tenant on the Occupation Date;

6. "Nominated Account" means the Nominated Account referred to in the email containing the Reservation Confirmation;

7. "Owner" means the Owner of the Premises, whose full details are available on request;

8. "Occupants" mean the number of Occupants (including the Tenant);

9. "Occupation Date" means the date set out in the Reservation Confirmation;

10. "Final Payment Date" means the date exactly 45 days before the Occupation Date, or should the reservation be made less than 45 days before the Occupation Date, the reservation date.

11. "Occupation Period" means the period commencing on the Occupation Date and terminating on the Termination Date;

12. "Parties" means the Manager and the Tenant;

13. "Premises" means the property to be rented out as set out in the Reservation Confirmation;

14. "Rental" means the total Rental set out in the Reservation Confirmation;

15. "Schedule" means the Schedule forming part of this Agreement;

16. "Signature Date" means the date of deposit being received, and this Agreement coming into force;

17. "Tenant" means the Tenant, whose full details are set out in the Reservation Confirmation;

18. "Termination Date" means the date set out in the Reservation Confirmation;

19. "Event" means public or private gathering for more people than the occupants of the property.

20. any reference to the singular includes the plural and vice versa;

21. any reference to natural persons includes legal persons and vice versa;

22. any reference to gender includes the other genders.

If any period is referred to in this agreement by way of reference to a number of days, the days 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 day shall be the next succeeding business day.

This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.

2. Introduction

2.1.1 The Owner has granted the Manager a mandate to procure Tenants for the Premises on the terms and conditions set out in this Agreement.

2.1.2 The Tenant wishes to occupy the Premises during the Occupation Period.

2.1.3 This Agreement contains the contractual terms agreed upon between the Parties.

2.2 Reservation of Premises

The Parties agree that in consideration for the reservation of the Premises, and in order to secure this reservation, the Tenant shall pay to the Manager the Deposit Amount stipulated in the Reservation Confirmation. The reservation shall not be considered confirmed until such time as the Manager confirms that the deposit has been received and that they are happy to accept the Tenant.

2.3 Cancellations / Booking duration amendments.

The Parties agree that should the Owner, or the Manager on behalf of the Owner, cancel this Agreement as a result of a breach of the Agreement by the Tenant, or the Tenant cancels this Agreement for any reason whatsoever, subsequent to the payment of any amount payable by the Tenant in terms of this Agreement, then the rental amount shall be governed by the terms and conditions stated below:

2.3.1 If the Tenant requests a cancellation the following cancellation fee will apply:

For bookings cancelled more than 45 days from arrival date, a cancellation fee of 10 % of the balance amount of the Rental is charged
For bookings cancelled between 45 & 30 days from arrival date a cancellation fee of 50% of the balance amount of Rental is charged.
For bookings cancelled less than 30 days from arrival date a cancellation fee of 100% of the balance amount of Rental is charged.
Refunds and waiver of cancellation policies are at the discretion of management and the ability to find alternative tenants timeously. We advise all clients to obtain cancellation insurance.
No cancellation fee will be charged in the event of death or hospitilisation and proof thereof, of the primary tenant.

2.3.2 If the Tenant requests a change in dates from the initial confirmed dates, and such dates are of a shorter duration than the initial confirmation, the Tenant will be liable for cancellation charges in accordance with the above policy. The Manager will actively open up the availability for the cancelled dates and any income from new bookings taken will be credited back to the Tenant.

2.3.3 No rental refund will be made in the event that the Tenant vacates the property early.

2.3.4 Refunds and waiver of cancellation policies are at the discretionary and the ability to re-let the property. In the event that your cancelled dates are re-booked, a 11.5 % booking fees will be charged. We advise that all guests take out cancellation insurance.

2.3.5 If the Premises should be unsuitable for occupation as a result of a force majeure, the Manager shall be entitled to cancel the reservation agreement; and the Manager shall reimburse the Tenant a pro-rata portion of the Rental for the period that the Premises were rendered uninhabitable.

2.3.6 If before or during the Occupation Period, the Manager should cancel this Agreement or the Tenant should cancel the reservation Agreement as a result of a breach of any of the terms of the Agreements by the Owner, the Manager shall reimburse a pro-rata portion of the Rental for the period that the Tenant did not occupy the Premises;

2.3.7 Notwithstanding anything to the contrary herein contained, should the Premises, for any reason whatsoever, not be suitable for occupation by the Tenant, resulting in the cancellation of this Agreement, the Tenant hereby agrees to authorise the Manager to arrange such alternative accommodation (on the same or similar terms and conditions contained in this Agreement) for the duration or remainder of the Occupation Period.

2.3.8 The Parties further agree that the Manager shall not be liable in any manner whatsoever for any inconvenience and/or loss that the Tenant may suffer as a result of any such relocation;

2.3.9 The Manager shall use its best endeavours to arrange alternative accommodation that is substantially similar to the Premises;

2.3.10 The costs of any such relocation and alternative accommodation arising from a force majeure shall be settled from the Rental paid and should such funds not be sufficient to cover such costs, the balance will be for the Tenant's account.

2.3.11 The costs of any such relocation and alternative accommodation arising from the Owner being in breach of this Agreement shall be settled from and limited to amount of the Rental funds paid.

3. Breach

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 2 (two) 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, to cancel the Agreement; or claim immediate performance and/or payment of all the defaulting party's obligations in terms hereof.

Should the aggrieved party institute action against the defaulting party pursuant to a breach by the defaulting party of this Agreement, then without prejudice to any of the rights which the Owner may have, the aggrieved party shall be entitled to recover from the defaulting party all costs incurred by it including legal costs (on the scale as between attorney and own client), tracing fees and such collection commission as the aggrieved party is obliged to pay to its attorneys.

4. General

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. This Agreement cancels and supersedes the terms and conditions of all prior negotiations and Agreements between the Parties. This document contains the entire Agreement between the Parties relating to the presents and n party shall be bound by any undertakings, representations, warranties, promises of the like not recorded herein. 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.

Appendix 1 - Terms and Conditions Of Occupation

1. Conditions Of Reservation

1.1 The reservation of the Premises shall only be confirmed once the deposit payment is received (to be affected by electronic transfer or as otherwise agreed by the Manager) and once the booking has been vetted and acknowledged as confirmed by the Manager.

1.2 A non-refundable 50 % deposit is payable to confirm the booking. Should the full rental not be paid by the final payment date, and should the Tenant not pay the full rental within 72 (Seventy-two) hours of receiving written notice from the Manager that such amount is due and payable, the Manager shall be entitled to cancel this agreement on behalf of the Owner. All bank charges are to be paid by the Tenant.

1.3 The 50 % balance payment (along with the refundable breakage deposit) must be paid 45 days prior to check-in.

1.4 All payments to be made in SA Rands, free of bank charges.

1.3 The check-in time for the Premises shall be at or after 14h00 on the occupation date and the checkout time shall be at or before 10h00 on the termination date. After hours check-ins may ncur an additional charge as per the Reservation confirmation.

2. Cancellations / Booking duration amendments.

2.1 The Parties agree that should the Owner, or the Manager on behalf of the Owner, cancel this Agreement as a result of a breach of the Agreement by the Tenant, or the Tenant cancels this Agreement for any reason whatsoever, subsequent to the payment of any amount payable by the Tenant in terms of this Agreement, then the deposit shall be non-refundable.

2.2 If the Tenant requests a cancellation the following cancellation fee will apply to the 50 % balance of payment:

For bookings cancelled between 45 & 30 days from arrival date a cancellation fee of 50% of the balance of the Rental is charged.
For bookings cancelled less than 30 days from arrival date a cancellation fee of 100% of the balance of the Rental is charged.
Refunds and waiver of cancellation policies are at the discretion of management and the ability to find alternative tenants timeously. We advise all clients to obtain cancellation insurance to cover any cancellations of accommodation.
No cancellation fee will be charged in the event of death or hospitalisation of the primary tenant.

2.3 If the Tenant requests a change in dates from the initial confirmed dates, and such dates are of a shorter duration than the initial confirmation, the Tenant will be liable for cancellation charges in accordance with the above policy. The Manager will actively open up the availability for the cancelled dates and any income from new bookings taken will be credited back to the Tenant.

2.4 No rental refund will be made in the event that the Tenant vacates the property early.

2.5 Refunds and waiver of cancellation policies are at the discretionary and the ability to re-let the property. In the event that your cancelled dates are re-booked, a 11.5 % booking fees will be charged. We advise that all guests take out cancellation insurance.

2.6 If the Premises should be unsuitable for occupation as a result of a force majeure, the Manager shall be entitled to cancel the reservation agreement; and the Manager shall reimburse the Tenant a pro-rata portion of the Rental for the period that the Premises were rendered uninhabitable.

2.7 If before or during the Occupation Period, the Manager should cancel this Agreement or the Tenant should cancel the reservation Agreement as a result of a breach of any of the terms of the Agreements by the Owner, the Manager shall reimburse a pro-rata portion of the Rental for the period that the Tenant did not occupy the Premises;

2.8 Notwithstanding anything to the contrary herein contained, should the Premises, for any reason whatsoever, not be suitable for occupation by the Tenant, resulting in the cancellation of this Agreement, the Tenant hereby agrees to authorise the Manager to arrange such alternative accommodation (on the same or similar terms and conditions contained in this Agreement) for the duration or remainder of the Occupation Period.

2.9 The Parties further agree that the Manager shall not be liable in any manner whatsoever for any inconvenience and/or loss that the Tenant may suffer as a result of any such relocation;

3.0 The Manager shall use its best endeavours to arrange alternative accommodation that is substantially similar to the Premises;

3.1 The costs of any such relocation and alternative accommodation arising from a force majeure shall be settled from the Rental paid and should such funds not be sufficient to cover such costs, the balance will be for the Tenant's account.

3.2 The costs of any such relocation and alternative accommodation arising from the Owner being in breach of this Agreement shall be settled from and limited to amount of the Rental funds paid.

3. Refundable Breakage And Security Deposit

3.1 The Tenant hereby agrees to pay a refundable breakage and security deposit equal to 1 (one) night rental or as stipulated on Reservation Agreement with final rental payment and the balance not utilized in terms of this Agreement, shall be refunded to the Tenant within 14 days of date of departure. Any bank charges for refunds will be charged to the Tenant. All breakages will be charged at their replacement cost plus and additional charge to absorb administration costs. The Tenant hereby authorises the Manager to utilize their deposit funds where necessary to cover any breakages or damages to the Premises.

3.2 Tenant may under no circumstances whatsoever set off monies owing by him under the agreement against the breakage and security deposit.

3.3 Should the Tenant cancel the agreement at any time after the occupation date but prior to the termination date, the deposit shall be released to the Tenant within 14 (fourteen) days of such cancellation, less any deductions contemplated in terms of the above clauses.

4. Tenant's Duties, Rights And Obligations

4.1 The Tenant shall -

4.1.1 allow the Manager, at all reasonable times, permission to enter the Premises to inspect same in order to view the condition and state of repair thereof;

4.1.2 not sub-let the whole or any part of the Premises to any third party save with the express written permission of the Manager, which permission may be withheld at the Manager's sole and absolute discretion;

4.1.3 not make any alterations or additions to the Premises;

4.1.4 not do, or omit to do anything, which could damage the Premises, or render any insurance policy in respect of the Premises void or voidable;

4.1.5 refrain from doing anything which is illegal and/or causing any noise or nuisance that would in any way disturb the quiet and peaceful occupation enjoyed by the neighbours of the Premises;

4.1.6 comply with the rules of the Body Corporate (if applicable);

4.1.7 use the Premises (including, but not limited to, the garden and/or any portion of the land upon which the Premises is situated) only for residential accommodation and the parking bays only for the parking therein of a motor vehicle;

4.1.8 not smoke inside the property and in some instances, guests are not allowed to smoke outside the property. All our properties are strictly non-smoking, and some are equipped with smoke detection devices. This includes cigarettes, pipes, cigars, hubbly bubblies and marijuana. Please note that any guests who smoke inside a property will may be levied a R5,000 fine per incident and will be immediately evicted. The fine is payable directly to the Manager by EFT or Cash. Additional charges may be levied for professional upholstery, linen & curtain cleaning, and sanitising.

4.1.9 keep and maintain the interior of the Premises in good order and condition;

4.1.10 make good any damage caused to the Premises by the Tenant of any visitor of the Tenant;

4.1.11 notify the Manager in writing, within 24 (twenty-four) hours after the occupation date, of any defects in the Premises, failing which the Tenant shall be deemed to have acknowledged that the Premises was received in good order and condition. The Manager undertakes to remedy such defects (if any) as soon as is reasonably possible;

4.1.12 ensure that all windows, doors, entrance gates/garage doors are locked at night or when the Tenant vacates the Premises, and ensures the alarm is activated. The Tenant acknowledges that failure to secure the property may result in the repudiation of an insurance claim for loss resulting from theft under the Owners Insurance Policy. Tenant acknowledges liability for any such loss or damage that the Owner may suffer.

4.1.13 ensure that refuse does not remain on or outside the Premises, save in the place provided therefore;

4.1.14 not keep any animals or pets on the Premises;

4.1.15 not make duplicates of any of the keys in respect of the Premises, and shall on termination of this agreement, forthwith deliver all keys (including any duplicates thereof) and remote-control units to the Manager;

4.1.16 on termination of this agreement, return and deliver to the Owner the Premises in good order and condition.

4.1.17 bear the costs of any additional services requested by the Tenant and provided by the Owner and/or Manager which services are not recorded in this Appendix 1.

4.1.18 not use the property for any purpose other than standard rental accommodation. Any alternative usage (such as a venue for an event or as a film location) must be agreed in writing with the Manager, prior to occupation, and may be charged at an additional rate.

4.1.19 The Tenant undertakes to advise the Manager, as soon as is reasonably possible, of any intended increase in the number of occupants who are to occupy the Premises at any time during the occupation period, as well as the duration of their proposed occupancy of the Premises. It is recorded that any such additional occupants shall only be entitled to occupy the Premises with the express written consent of the Manager, which consent may be withheld by the Manager in its sole and absolute discretion and upon payment of the additional charge per person as set out in the Schedule.

4.1.20 If the Tenant wishes to extend the occupation period, and subject to the Premises being available, this can be arranged with the Manager for an agreed additional rental. Such additional rental shall also be required to be paid in advance and the deposit shall not be used to pay for such additional rental.

4.1.21 Should the Tenant be an alien as defined in terms of the Alien Control Act 96 of 1991, he/she warrants that he/she is in possession of a legal permit issued in terms of said act, which qualifies him/her to rent the Premises. The Tenant hereby indemnifies the Manager and the Owner against any penalty and/or fine arising from such breach of the Tenant's warranty contained in this clause.

5. Owner's Duties, Rights And Obligations

5.1 The Manager, duly authorised by the Owner, reserves the right to terminate any bookings/stay, should the Tenant/occupant behave in a manner, which in the Manager's sole and absolute discretion, is unacceptable or offensive.

5.2 The Owner undertakes to, at its own cost, and for the duration of the occupation period:

5.2.1 ensure that the Premises (including all contents therein) is adequately insured against damage, destruction, and/or any loss which the Owner may suffer as a result of theft or break-in during the Tenants stay.

5.2.2 ensure that the Premises is let with all the furnishings, fittings, appliances, equipment, and amenities represented by the Owner as being on or forming part of the Premises;

5.2.3 provide a pool service (where necessary) and as per the Reservation Confirmation;

5.2.4 provide a gardening service (where necessary) and as per the Reservation Confirmation

5.2.5 the Premises shall be made available in a good and clean condition and all fittings, appliances, equipment, and amenities shall be in sound and good working order.

5.2.6 The Owner further undertakes to and in favour of the Tenant that it has and/or will, as soon as is reasonably possible, advise and/or inform the Tenant, via the Manager, of any facts and/or changes in circumstances which are material to, and/or may affect the Tenant's use and enjoyment of the Premises. This includes but is not limited to, any alterations or changes to the Premises or neighbouring properties (including renovations, refurbishing, constructions, or reconstructions) which may in any way or manner inconvenience, dissatisfy and conflict with the original expectation of the Tenant. Minor, and/or nonmaterial differences between the actual property and the description given to the Tenant may exist. The Tenant acknowledges that where minor changes exist, they will not constitute a breach of the agreement, and Tenant will not be entitled to cancel the agreement or to claim an abatement of the rental paid.

5.2.7 Whilst all attempts are made by the Manager/Owner to provide accommodations suited to the Tenant, neither the Owner nor Manager can be held responsible should the property not appeal to the Tenants personal tastes.

6. Owner/Manager's Duties, Rights And Obligations

6.1 provide a cleaning service on relevant days as requested and as per Reservation Confirmation

6.2 ensure that guest relations and support staff are available to the Tenant to attend to respond to queries, within a reasonable amount of time, in person or via telephone;

6..3 Should the tenant behave in a disorderly or non-civil manner whilst on the premises, and should there be excessive noise and/or disturbance caused to the neighbours which raises complaints, the Manager has the right to evict the Tenant within one hour of notification from the premises if local bylaws and Body Corporate guidelines are not adhered to.

6.4 Should the tenant smoke inside the property, the Manager has the right to evict the Tenant within one hour of the breach arising.

7. Tenant's Authority

7.1 The Tenant hereby warrants to and in favour of the Owner and the Manager that he/she is duly authorised to enter into the reservation agreement and to bind the occupants to the terms and conditions of occupation as set out herein.

7.2 The Tenant assumes full responsibility for the obligations of the occupants under this agreement.

8. Non-Liability Of Manager

For the avoidance of any doubt, it is recorded that the Manager is acting as Manager for the Owner and, accordingly, it is agreed that neither the Owner, nor the Tenant, shall have any claim against the Manager arising out of, or pursuant to, the provisions of this agreement.

9. Jurisdiction

9.1 This agreement shall be interpreted and governed in accordance with the laws of the Republic of South Africa. The parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Cape of Good Hope Provincial Division.

9.2 Notwithstanding the provisions of 9.1 above, the Tenant hereby, in terms of section 45 of the Magistrates Court Act 32 of 1944 (as amended), consents to the jurisdiction of the Magistrates Court in respect of any action or proceedings which may be instituted against him/her in terms of or arising out of this agreement.

10. Indemnification

10.1 The Tenant herewith indemnifies the Owner and the Manager in respect of any claim whatsoever for any loss, damage, claim, theft, accident or injury to the property and/or person of the Tenant or any other person in occupation of the Premises pursuant to the provisions of this agreement, or his/her relative or any third party arising out of the occupation of, or occurring at the Premises during the period which the Tenant/occupants remain in occupation of the Premises. The tenant shall not have any claims of any nature against the Manager or the Owner for any loss, damage or injury which the Tenant may directly or indirectly suffer (even if such loss, damage or injury is caused through the negligence of the Manager or the Manager's servants or employees or the Owner) 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 affected by the Manager or the Owner 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 majoror any other cause either wholly or partly beyond the Manager's control or the control of the Owner or arising from any other cause whatsoever. The Tenant undertakes to pay to the Manager or the Owner an amount equal to any claim made against the Manager or the Owners 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 Tenant's control. The Tenant indemnifies the Manager and the Owner from any constructional work happening around but not on the "Premises'.

10.2 The Tenant herewith accepts liability for all minors and all visitors to the property.

Appendix 2 - Functions And Event Policy

The property you have booked is family-friendly and within a residential area.

In reserving this property, you hereby agree that the property is to be used for accommodation purposes only. HillyHomes, as the appointed Manager, have the right to evict guests with a full cancellation fee immediately should there be any potential civil disturbance due to party noise or an excessive amount of guests on the premises.

Without putting all visitors in the same category or discouraging guests from booking a holiday, it is important that our policies are understood regarding functions of any size. Some Villas are in particularly noise-sensitive suburbs and it is our duty to respect the permanent residents of the area.

No birthday parties, functions or events are to be held at any property unless by prior arrangement with the Manager and stipulated in the Reservation Confirmation

TERMS & CONDITIONS