1. It is recorded and agreed that:
1.1
the duration of the Tenant’s
occupation of the Premises will be as indicated above, both dates inclusive,
subject always to the provision of clause 24;
1.2
the number of occupants of the Premises
during the period shall be as indicated above.
2. It
is agreed that in order to confirm the provisional reservation the Tenant must
ensure that Marks’ Real Estate receives the referred to above, in a form
acceptable to Marks’ Real Estate, 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
Marks’ Real Estate 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,
Marks’ Real Estate 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,
Marks’ Real Estate reserves the right to retain the full amount of the rental
cost
6.
It is a condition of this agreement
that every person included in the booking must have travel insurance in force
for the entire duration of the Tenant’s occupation of the Premises. Marks’ Real
Estate advises tenants to also take out personal contents insurance.
Our
refundable deposit function works much in the same way as car hire company does
by authorizing (I.e. Blocking) an amount of R10,000 (ZAR) on your credit card.
Should we need to claim damages you will be informed within seven working days
of departure and invoiced accordingly. The damages
will then be claimed against this invoice.
In our experience this happens very rarely and we are not
overly concerned about a couple of glass’s broken but we will act in the best
interest of the villa (Premises) and it’s owner. If you
feel there may be a discrepancy, please advise us before departure to allow us
time to do a full inspection with you the tenant. Please be further advised
that the R10 000 amount in the case of severe damage (usually after a “party /
event” at the villa, premises, which is NOT PERMITTED without prior permission)
is not limited to R10 000 in a case of gross negligence to the villa and/or it’s owner.
Please also be advised that the villas (premises) have
content insurance and we will not be claiming for items that have been damaged
in accordance to fair “wear and tear”
Should you notice anything on arrival at the villa that is
either broken or in not a good working condition you are to report this on the
same day to avoid any discrepancies and this being claimed against your holding deposit.
7.
The number of occupants shall at no
time during the currency of this agreement exceed the number referred to in
clause 1.2 above.
8.
The Tenant who makes a booking
thereby warrants his/her authority on behalf of all persons included in the
booking top agree that all such persons shall be bound by the terms and
conditions of this rental agreement.
9.
The Tenant shall use the Premises
only for residential accommodation.
10.
The Tenant shall notify Marks’ Real
Estate within 2 (two) days after the date of arrival of any defects in the
Premises and shall, if the Tenant has not notified Marks’ Real Estate 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 it’s 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 its 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 it’s rights or delegate any of its obligations under this
agreement.
15.
The Tenant shall not do anything or
permit anything to be done in or on the Premises which is illegal and/or may be
or may become a nuisance or annoyance to or in any way interefere with the comfort of neighbours.
16.
The Tenant shall not have an claims
of any nature against Marks’ Real Estate for any loss, damage or injury which
the Tenant may directly or indirectly suffer (even if such loss, damage or
injury is caused throught the negligence of Marks’
Real Estate or Marks’ Real Estate servants, butlers or employees)
17.
The Tenant indemnifies Marks’ Real
Estate from any constructional work happening around but not on the “Premises”
18.
The Tenant shall not be entitled to
keep or bring onto the premises any pets without the prior written consent of
Marks’ Real Estate.
19.
The Tenant shall not be entitled to
make any duplicates of any keys in respect of the Premises without the prior
written consent of Marks’ Real Estate and shall, upon departure, forthwith
deliver all keys (including remote controls) to Marks’ Real Estate or its
appointed agent.
20.
Marks’ Real Estate 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 Marks’ Real Estate shall exercise
its rights in terms hereof with the least possible inconvenience to the Tenant.
21.
The Tenant undertakes to pay to
Marks’ Real Estate an amount equal to any claim made against Marks’ Real Estate
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.
22.
In terms of Section 45 of the
Magistrate’s Court Act 1944, as amended, the Tenant consents to the
jurisdiction of the Magistrate’s Court having jurisdiction of the Tenant’s
person 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 aforegoing Marks’ Real Estate 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.
23.
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 Marks’ Real Estate;
OR
25.3 repeatedly
breach any of the terms of this agreement in such a manner as to justify Marks’
Real Estate in holding that the Tenant’s conduct is inconsistent with the
intention or ability of the Tenant’s conduct is inconsistent with the intention
or ability of the Tenant to carry out the terms of this agreement,
25.4
be entitled to cancel this agreement;
or
25.5
In the case of the sub-clause 24.2 hereof be entitled to remedy such breach and immediately recover
the total cost incurred by Marks’ Real Estate in so doing from the Tenant.
Should Marks’ Real Estate institute action against the
Tenant pursuant to a breach by the Tenant of this agreement, then without
prejudice to any other rights with Marks’ Real Estate may have, Marks’ Real
Estate shall be entitled to recover all legal costs incurred by it including
attorney and own tenant charges, tracing fees and such collection commission as
Marks’ Real Estate is obliged to pay to its attorneys from the Tenant.
24.
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.
25.
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 authorized
representatives.
26.
This agreement cancels and
supersedes the terms and conditions of all prior negotiations and agreements
between the parties.
27.
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.
28.
No indulgence, leniency or extension
of time which Marks’ Real Estate may show to the Tenant shall in any way
prejudice Marks’ Real Estate or preclude Marks’ Real Estate from exercising any
of its rights in the future.
29.
The check-in Time into the villa is
14h00 and Check-out Time is 11h00.
30.
Please execute payment within 3
working days of signing this rental agreement. Proof of such payment must be
faxed though to us if done by way of wire or bank transfer. Failure to do so
shall mean that your booking may be moved (this is due to clients signing
contracts, not paying and not taking occupancy causing a loss of income).
|
