Constantia - Cape Town    "Constantia Cottages"      Western Cape - South Africa

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General Business Terms Print

1. Rental Contract

 

1.1 The rental contract is binding according to the terms of the description of the valid internet presentation and the written confirmation. This also applies to telephonic discussions. The rental agreement is applicable with the confirmation of the rental.

 

1.2 Any extra discussions which don’t correspond with the conditions or descriptions must be given in writing by the Landlord.

 

  1. 2. Payment

 

2.1 The payment is due after the written confirmation of the booking

 

- A deposit of 50% of the full amount of the booking is due

- The deposit will be deducted from the whole rental amount.

 

2.2 Should the payment not be made within 10 days of the offer and then not made inspite of a reminder then the Landlord can immediately stop the contract and cancel the booking. An administration fee will be charged.

 

2.3 The outstanding amount from the booking MUST be paid by the latest 14 days before arrival. Should last minute bookings be made where the booking and arrival date is less that 14 days then the whole amount will be required. Cancellation and booking fees will be applicable.

 

2.4 Unless the amount is paid in full 14 days before arrival there will be no booking.

 

3. Booking confirmation

 

Should the guest not have received his booking confirmation 7 days before the booked period then the guest must immediately contact the Landlord. The guest should arrive with the written confirmation before he gets the keys.

 

  1. 4. Changes
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  3. 4.1 Should the guest make any changes to the original dates of the booking or the length of stay then the prices are according to those advertised on the internet. The Landlord may even add administration charges.

 

4.2 The Landlord will inform the guest about any changes in conditions of the contract and give the client 10 days to change his mind (free of charge) just as long as the changes aren’t major. The guest's rights remain the same.

 

4.3 Should there be any price increases due to unforeseen circumstances which are reasonable (taxes etc) then proof will be shown. Any changes to the costs will be clarified. Should these costs be more than 5% then the guest has the right to pull out of the contract at no cost.

 

4.4 The guest can be replaced by other people for this rental period as long as the Landlord is informed. More people than originally booked are only allowed if they fit the room according to the internet description. Permission for this has to be given by the Landlord.

 

  1. Cancellation by the guest

 

5.1 Cancellation by the client should be put into writing with the written confirmation sent by the Landlord. The amount of return of deposit according to the timeline must be agreed upon with the Landlord.

 

In this case the following rules apply:

Cancellation before 60 days of stay, 25% of rental

Cancellation 31 – 60 days before stay, 35% of rental

Cancellation 30 – 1 days before stay, 50% of rental

Cancellation 10 – 0 days before stay or failure to show up will forfeit 100% of the whole amount of the stay

 

5.2 with the cancellation of the stay, it will be taken into consideration if the Landlord is able to rent out the apartment to other clients. Any other costs occurring due to the cancellation will also be taken into consideration.

 

6. Cancellation by the Landlord

 

6.1 Should the booking be cancelled by natural disaster or by other unforeseen circumstances then both the Landlord and the client can cancel the booking. No further claims can be made.

 

6.2 Should the above occur during the client’s stay then the same rules apply and both sides can cancel the contract.

 

6.3 The Landlord can cancel the contract on the spot if the behaviour of the client, inspite of warnings is unacceptable. No money will be returned.

 

6.4 Should the contract be cancelled for the above reasons then all ensuing costs will be bourne by the guest.

 

7. Travel Insurance

 

Travel Insurance is not including in the rental price. It is recommended you take out such an insurance to cover yourself.

 

8. Responsibility of the Landlord

 

8.1 The Landlord has the following responsibilities

 

- careful choice of clients for the apartments

- adherance to written promises to the guest

- provision of services according to the contract apart from floods or electrical problems

 

8.2 Responsibility by the Landlord to the guest for damages which are not to the body will be limited to no more than 3x the price of the rental only as long as the Landlord is totally responsible for those damages.

 

8.3 The Landlord is not responsible for any theft or loss of property during the guests stay.

 

8.4 The Landord Is not responsible for broken or malfunctioning technical appliances if this has not been told to him, this must be told to the Landlord and he will see to it they are replaced or repaired immediately.

 

8.5 The Landlord cannot take responsibility for uncomfortable situations which are outside of his duties or caused by a third person.

 

  1. 9. Cooperation duties, guarantee, exceptions from claims, limitations

 

9.1 These are limited to the normal laws, with eventual failure to deliver services, and each case will be taken into consideration to stop as much damage as possible or to prevent it.

 

9.2 It is guaranteed that all complaints will be looked at but if these are not made then claims will not be adhered to For example if there is not enough reason or proof or an impossible claim is made. We will only be able to help if this claim is made in writing by e-mail, fax or by telephone to the Landlord so he can test it and examine it to see if he can handle it and how.

 

9.3 The key holder has no authority to recognise claims or to give legal explanations.

 

9.4 Claims can only be made within one month after the length of the stay

 

  1. 10. Duties of the guest

 

10.1 No more people are allowed to stay in the apartment than the number given to the Landlord. The Landlord has the authority to dismiss those people. The guest must treat the holiday apartment with care and should let the Landlord know immediately if they damage anything, who can then claim costs. This also applies to damages noticed by the Landlord after the guest has left.

 

10.2 The guest must adhere to the house rules which are available at reception. Quiet time is included in this.

 

10.3 Cleaning of the apartment after the client has left will not be charged to the guest but we ask the guest to empty the rubbish before he leaves as well as to clear out the dishwasher and to empty the kettle.

 

  1. 11. Transfer

 

Transfer of claims through a third person is strictly forbidden such as a spouse of relative, just as other claims on behalf of your own name.

 

  • 12. Passport, visa and health rules
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    12.1 You are solely responsible for your own trip.

     

    12.2 All problems such as the return of cancellation costs are your responsibility.

     

    1. 13. Miscellaneous

     

    The invalidity of separate rules and conditions of the rental does not have the invalidity of the general rules.

     
    Constantia Cottages, The Vines, Constantia, 7806aa_highly_recommendedcape town accommodation   
    Cape Town, Western Cape Province, South Africa
    Telephone: +27 (0)21 794 5156, Mobile: +27 (0)76 156 2381

    Fax +27 (0)86 576 6215, holiday[at]constantia-cottages.com