General Terms and Conditions
1. Landlord and Renter
The Landlord of the Premises is Dr. Jan Grasshoff, domiciled at Prenzlauer Allee 15, 10405 Berlin, hereafter referred to as "the Landlord".
The Renter of the Premises is the person whose name is indicated in the reservation confirmation, hereafter referred to as "the Renter".
The Landlord and the Renter agree to the following general terms and conditions. These general terms and conditions together with the specific conditions defined in the reservation confirmation, form the short-term holiday rental agreement.
The Landlord is renting one of the following accommodation to the Renter, hereafter referred to as "the Premises":
- Panoramic Penthouse, 243 High Level Road, Sea Point, Cape Town, 8005, South Africa
- Skydeck Penthouse, 10 Quendon Road, Sea Point, Cape Town, 8005, South Africa
A detailed description of the penthouses and its facilities, is provided on the website www.cape-town-living.co.za.
The Landlord and the Renter acknowledge that this rental agreement is not a lease for ordinary residential purposes (neither primary nor secondary residence) or for commercial or professional use. It is furnished holiday accommodation and is to be used for that purpose only.
The Landlord and the Renter agree that their obligations and rights are defined by these general terms and conditions and, if any specific topic is not included here, by the South African legislation concerning the lease of temporary holiday accommodation.
4. Period of agreement, arrival and departure
The period of the rental agreement is defined in the reservation confirmation. It begins with the arrival of the Renter on the first day of the lease and automatically ends with the departure of the Renter on the last day of the lease.
The rental agreement automatically ends on the last day of the lease with no notice being required. The rental agreement cannot be extended without the written approval of the Landlord. The Renter explicitly commits to vacating the Premises on the last day of the lease.
Unless agreed by prior arrangement, check-in is from 14:00 onwards on the first day of the lease. If the Renter’s arrival is delayed, the Landlord may postpone the check-in to the next day at 10:00. Should this happen, the Renter cannot claim any compensation or reimbursement from the Landlord.
Check-out is before 10:00 on the last day of the lease. If the Renter chooses to depart earlier than the last day, no reimbursement will be made by the Landlord.
5. Rental and additional charges
The rental payable is indicated in the reservation confirmation. It is quoted for the entire lease and the maximum number of guests confirmed.
The rental is inclusive of daily cleaning (except Sundays and public holidays), linen, towels, electricity, water, heating, parking, Internet access, and cleaning on departure.
6. Reservation and deposit
The booking of the Premises commits the Renter to an immediate deposit of 25% of the total rental. Only on receipt of this can the Landlord confirm the reservation.
7. Payment of balance
The balance of the rental (total rental less deposit) is due no later than 8 weeks prior to the first day of the lease. The Landlord will confirm receipt of this payment.
8. Refundable deposit
The Renter is also liable for a refundable deposit of 500 €. This deposit serves as security in case of any damage to the Premises, furniture or equipment by the Renter or in the case of loss of keys or other items.
The refundable deposit is due no later than 8 weeks prior to the first day of the lease. The Landlord will also confirm receipt of this payment.
The deposit will be refunded to the Renter no later than 4 weeks after the last day of the lease. In case of damages or losses, the refund will be made, less the costs incurred.
In the case of cancellation, the 25% deposit will not be refunded. Up to 8 weeks prior to the arrival date, the booking can be cancelled with no additional costs. Between 8 and 4 weeks, prior to the arrival date, 50% of the rental fee is payable on cancellation. If the booking is cancelled less than 4 weeks prior to arrival, no refunds will be given.
10. Transfer of rental agreement and subleasing
The rental agreement is concluded between the Landlord and the Renter as indicated in the reservation confirmation. Any transfer of the rental agreement, any form of sublease or any gratuitous cession of the Premises to another person is strictly prohibited.
11. Condition of accommodation and inventory
Before and after the lease, the condition of the Premises will be checked and an inventory conducted. If these are done in the absence of the Renter, the Renter has 48 hours to refute the findings. If the Renter does not do so, both are deemed to be accepted.
12. Occupancy (maximum number of people allowed)
The Premises may not be used by more people than indicated in the reservation confirmation. In the case of the Renter disregarding this condition, the Landlord can either refuse access to the Premises or claim an additional pro rata rental for the additional people for the entire duration of the lease, regardless of the duration of their stay.
13. Obligations of the Renter
The Renter shall maintain the Premises and its inventory in a good condition and shall use it in a careful and lawful manner. The Renter is aware that he is permitted to make use of the Premises for holiday purposes only. This is a contractual condition of the lease. Any commercial or professional use of the Premises is prohibited. Any kind of event, including celebrations for weddings, birthdays, etc. are not permitted.
The Renter must ensure that neither he nor the other people on the Premises, cause any disturbance in the neighbourhood.
The Renter may not change the decoration of the Premises nor move any large pieces of furniture. All furniture and equipment may be put only to its intended use. Indoor furniture may not be used outside at any time.
The Renter agrees to respect the Premises non-smoking policy. Any contraventions will incur a fine of 250 €.
The Renter must ensure that all doors and windows are closed and locked when away from the Premises.
Pets are not allowed on the Premises.
The Landlord, or a person designated by him, has the right to visit the Premises during the stay of the Renter. The Renter shall allow the pool caretaker and housekeeping service to access the property to fulfill their duties.
The Renter may not try to alter the pool settings, the automatic irrigation system or any other technical equipment.
The Renter must allow any urgent repairs and maintenance work to be carried out during his stay.
Cleaning on departure is included in the rental. However, this does not relieve the Renter from his obligation to leave the Premises in a satisfactory condition. If the Premises are left in an unacceptable condition, the Landlord can bill the additional cleaning undertaken to the Renter.
The Renter is liable for all damage caused by him or anyone present on the Premises, unless he can prove that neither he, nor anyone present, were responsible for the damage. Any damage done during the stay must be reported.
The Renter may not claim any compensation from the Landlord if any theft or damage occurs on the Premises during his stay.
14. Obligations of the Landlord
The Landlord has to ensure the Premises are in a good and ready to rent condition to the Renter. This includes the functioning of all technical equipment.
The Landlord undertakes to do no repairs on the Premises unless it is essential.
The Landlord strongly recommends that the Renter takes out an insurance policy from a reliable institution to cover any damage for which he could be held responsible (fire, water, etc.).
16. Private plunge pool and communal pool
Each penthouse has a private plunge pool which is not heated. Drowning remains a real risk for children as children can drown very quickly. The Renter is aware that the use of the pool is at his own risk and undertakes to monitor minors when they are in or near the pool. The Renter also undertakes to do everything possible to avoid any sort of pool accident.
The apartment buildings also have communal pools. The use of these is at your own risk and subject to the buildings' house rules.
17. Unexpected incidents and force majeure
Any problems due to unexpected incidents or force majeure (lightning strike, breakdown of the pool systems, permanent loss of internet connection, etc.), should be reported to the landlord or his designated representative, who will endeavour to solve the problem as soon as possible.
18. Electricity and water pressure
South Africa experiences regular power outages - normally for a couple of hours at a time (known locally as load-shedding). In addition, at times, the water supply may be restricted or the pressure very weak. Both are normal occurrences and therefore do not constitute a defect. As a result, they do not qualify for a reduction in the rental.
Both penthouses have reserved parking spaces in private underground garages. The use of these is at the Renters' own risk and the Landlord is not responsible for any damage to vehicles parked there. Should a parking space be occupied by another vehicle, please inform the on-site security personnel. A reduction in the rent is not given if a parking space is used by a non authorised person.
20. Place of jurisdiction
The place of jurisdiction is the court under which the location of the Premises falls. The South African law applies.