Between Cape Town Luxury Escapes and the Guest ([Client.FirstName]):

1. It has been recorded and agreed:
   1. the duration of the Guest’s occupation of the Premises ([Property Name]) will be as indicated above.
   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 Guest must ensure that Cape Town Luxury Escapes receives the deposit referred to above, in a form acceptable to Cape Town Luxury Escapes, 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 Cape Town Luxury Escapes at least 60 days prior to the arrival of the Guest. Please make sure that all bank fees/exchange rates are paid in full before and that the final amount in the currency comes to us in South African Rands (ZAR) and not in a foreign currency. Should the final amount that Cape Town Luxury Escapes receives in their bank account not match the total guest booking agreement amount, Cape Town Luxury Escapes reserves the right to recover the shortage from the Breakage Deposit.
4. In the event of cancellation please refer to the “CANCELLATION POLICY” below.
5. Guests are advised to take out travel insurance covering the Guest’s own liability and cancellation/curtailment risks for any reason but not limited to loss of luggage, monies, and repatriation liability as a result of cancellation(s) (for whatever reason), all personal effects and all bodily injury claims.
6. The Guest will be required to pay a Breakage Deposit 5 days prior to arrival via credit card (The specific amount of the deposit will vary depending on the property).
   1. This deposit will be refunded within 20 (twenty) working days of the departure date specified within the Agreement, on the basis that the Property is in the state in which, to the discretion of Cape Town Luxury Escapes, it was handed over to the Guest on the Commencement Date.
   2. In the event that any breakages occur, or disputes arise, Cape Town Luxury Escapes may extend the 20-day refund period, in order to resolve the matter to the best interest of the Owner and the Guest.
   3. Events and parties are not allowed at the premises unless prior arrangements have been made.
   4. The refundable deposit 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 the breakage deposit amount in a case of gross negligence to the property.
   5. Cape Town Luxury Escapes reserves the right to charge the Guest payment method if they are responsible for damages exceeding the initial Breakage Deposit.
7. In the case of Breakage and/or Damages
   1. The Guest shall be liable to pay the Owner for the cost of replacing or remedying any loss or damage (beyond normal wear and tear) to the Property and/or the Inventory on or in the Premises and/or other structural fitting or improvement found anywhere on the Premises.
   2. 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 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.
   3. The Guest shall further be liable to pay, to Cape Town Luxury Escapes, an administration fee of 10% of costs for the managing of the aforementioned replacement /repairs /damages /losses /lost keys.
   4. Cape Town Luxury Escapes, on behalf of the Owner, shall be entitled to recover such costs (as contemplated in this clause 6) from the Guest, including by deduction from the Breakage Deposit.
   5. The Guest will be liable for any bookings lost by Cape Town Luxury Escapes due to breakages/repairs being conducted after the Guest has departed.
   6. The Breakage Deposit shall be refunded to the Guest within 20 (twenty) calendar days of the departure date or such date as the Guest and/or the Guest’s invitees vacate the Premises, whichever the later, less such amounts as are required to:
      1. replace or repair missing, broken or damaged items of whatever nature;
      2. pay any expense (other than the regular consumption charges in respect of electricity and water which are for the account of the Owner); and
      3. pay any fines or extra charges levied on the Owner for non-compliance to municipal laws and bylaws as applicable.
8. The number of occupants shall at no time during the currency of this agreement exceed the amount of PAX on this document unless an arrangement has been made.
9. All Guests and visitors, making use of the property, kindly adhere to the following by-laws and respect the peace and tranquility of the neighbouring permanent residences.
10. No Loud Noise and No Loud Music is allowed between:
    1. 10h00pm – 09h00am on Weekdays
    2. 11h00pm – 09h00am on Weekends
    3. Guests are requested to decrease noise volumes or to kindly move inside during these times.
11. Music, Noise and Disturbance:
    1. Please keep noise levels down after hours, when socialising on the outdoor deck and patio or garden. No screaming, shouting, or illegal activity is permitted. No sound equipment or speakers may be brought in and used on the property. No hooting, loud noise, or shouting in the streets is permitted. Failure to adhere to these rules may result in Eviction without compensation.
12. The Guest 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 guest booking agreement.
13. The Guest shall use the Premises only for residential accommodation and any commercial activity must be expressly authorised prior to occupation. If any unauthorised commercial activity occurs, the Guest will forfeit the Breakage Deposit and the owner reserves the right to evict the Guests.
14. The Guest shall notify Cape Town Luxury Escapes within 24 hours after the date of arrival of any defects in the Premises and shall, if the Guest has not notified Cape Town Luxury Escapes or the property manager as aforesaid, be deemed to have acknowledged that the Premises were received in good condition.
15. All villas are booked by the Guest as per the description and details presented to the Guest by the Villa and/or the Premises page on the Cape Town Luxury Escapes website. Cape Town Luxury Escapes cannot be held as the responsible party should the Guest be unhappy with the Guest’s choice of premises.
16. During the Guest’s booked stay, Cape Town Luxury Escapes cannot be held liable for any unexpected property related issues such as water leaks, pipe or geyser bursts, gas leakages, or electricity outages. In the event of such issues, Cape Town Luxury Escapes will facilitate communications with the property managers and/or owners, however, the responsibility remains up to the property managers and/or owners to resolve the issue.
17. The Guest shall keep the Premises in a clean, tidy, and sanitary condition.
18. The Guest shall not cede any of its rights or delegate any of its obligations under this agreement.
19. The Guest shall not sub-let, permit anyone else to occupy, or part with possession of the Premises or part thereof.
20. The Guest shall not have any claims of any nature against Cape Town Luxury Escapes or the owner for any loss or consequential loss, damage or injury which the Guest may directly or indirectly suffer (even if such loss, damage or injury is caused through the negligence of Cape Town Luxury Escapes or Cape Town Luxury Escapes servants or employees or the owner) by reason of 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 Cape Town Luxury Escapes or the owner timorously or at all or arising out of any defect in the water, gas or electricity supply to the Premises or arising out of his major or any other cause either wholly or partly beyond Cape Town Luxury Escapes control or the control of the owner or arising from any other cause whatsoever.
21. In view of the fact that Cape Town Luxury Escapes is not the owner of the Property and in its role as Agent is merely brokering and/or facilitating a service, Cape Town Luxury Escapes can not be held liable for any defect of the Property and/or wilful negligence or default by the owner.
22. The Guest shall hold Cape Town Luxury Escapes and/or its agents, employees, contractors, and officers 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 Cape Town Luxury Escapes, its agents, employees, contractors and/or officers.
23. Cape Town Luxury Escapes or his/her representatives accept no liability whatsoever for any building/construction/renovations or remedial work to any neighbouring or surrounding properties of the Premises over the full booking period.
24. The Guest shall not be entitled to keep or to bring onto the Premises any pets without the prior written consent of Cape Town Luxury Escapes.
25. The Guest agrees to activate the intruder detection alarm, if installed, and appropriately lock and secure the Premises when the Premises is unoccupied;
    1. appropriately secure all doors and windows against the wind which is unpredictable and can be severe at times, preventing resultant damage;
    2. ensure that all minors (persons under the age of 18) are appropriately supervised and attended to at all times;
26. In respect of the swimming pool (if such exists);
    1. ensure that access to and /or use of the swimming pool is supervised by capable, responsible adult/s at all times and that persons unable to swim do not access and/or utilise the pool unsupervised under any circumstances whatsoever; and
    2. take note that the swimming pool area may not have safety measures restricting access to the pool, and the Guest should make his/her/its own arrangements to restrict access thereto if necessary. The property manager and/or the property owner/supplier and/or Cape Town Luxury Escapes shall not be liable for any injury, death, accident, or damages caused as a result of (without limitation) failing to restrict access to, and/to supervise use of, the swimming pool.
27. Please note that The City of Cape Town experiences daily electricity outages (commonly known as Load Shedding). These outages are expected to last for roughly 2.5 hours each time. This is unfortunately something that is out of our hands and governed by the South African Electricity providers. For up to date schedule on the outages, please download the App called EskomSePush. Should the premises have back up power and in the unlikely event that the backup power source fails to function, Cape Town Luxury Escapes cannot be held responsible.
28. Applicable Law and Jurisdiction;
    1. Subject always to the provisions of any law requiring or permitting a party to have a dispute determined in any other manner or by any other dispute resolution body or authority, the Guest consents to the jurisdiction of the Magistrates Court in which district the Premises is situated in relation to any legal proceedings arising from this Agreement or the cancellation thereof, notwithstanding that the subject matter or cause of action would otherwise be beyond the jurisdiction of the Magistrate’s Court.
    2. The property owner/supplier and Guest reserves the right to institute proceedings in the High Court.
    3. This Agreement shall be governed in accordance with the laws of the Republic of South Africa.
    4. If the Guest is not a South African citizen, the Guest warrants that he/she/it is not an illegal foreigner as defined in the Immigration Act, No 13 of 2002 and is in possession of one of the permits and/or visas referred to in the Act and accordingly is legally entitled to enter into this Agreement and to occupy the Premises for the entire duration of this Agreement.
    5. Should a legal dispute arise between Cape Town Luxury Escapes and the Guest, the legal fees of Cape Town Luxury Escapes will be billed to the Guest.
29. Certain properties are only available through a Rent-By-Application process. If the property you have selected follows this criterion, you will be contacted and provided with a form that requires additional information for completion before your booking is accepted by the owner.
30. Upon termination of this Agreement (for whatever reason) the Guest shall irrevocably and unconditionally immediately vacate the Premises and restore possession of the Premises and all items thereof, and all keys, remotes, and security access tags, as applicable, to the property manager and/or the property owner/supplier in a good order and condition, fair wear and tear excepted.
31. In the case of any refund or booking reversals, all additional fees, including but not limited to the booking fee, and credit card transaction fees are for the Tenant’s own account and will not be included in the refund amount, where applicable.