Definitions
Host
The host manages the property on behalf of the owner. The host’s details are:
Full Name: Great X Cape
Physical Address: Stonehill Place, 22 Riebeek St, Cape Town, 8000
Telephone: +27 21 418 40 35
Email: info@greatxcape.com
Owner
The individual or entity owning the property.
Premises/Property
Details such as the Premises Address, Occupation Date (Arrival Date), Termination Date (Departure Date), Rental Rate, and Deposit Amount are specified in the Reservation Confirmation.
In this Agreement, unless the context indicates otherwise:
“Manager/Agent/Host” refers to Great X Cape, as detailed above;
“Agreement” encompasses the Reservation Agreement and the Reservation Confirmation.
Booking Confirmation & Payment
For bookings with an arrival date more than 7 days away, a 50% deposit is required to secure the booking. The remaining 50% must be paid within 7 days prior to the check-in date.
Reminders to settle the outstanding balance will be sent starting 7 days before arrival. Failure to pay the remaining 50% before arrival may result in the host canceling the reservation and applying the cancellation policy.
If the initial 50% deposit is not received within 48 hours of booking, the reservation will be canceled.
For bookings with an arrival date less than 7 days away, full payment (100%) is required to confirm the booking.
Keys will not be provided to the guest until the full booking amount is paid.
Canceling a booking more than 7 days before the check-in date incurs a 50% charge of the total booking value.
Canceling within 7 days of the check-in date incurs a 100% charge of the total booking value.
Guest’s Duties, Rights, and Obligations
The Guest shall:
– Permit the Host to enter the Premises at reasonable times to inspect its condition and state of repair;
– Not sublet any part of the Premises to a third party without the Host’s explicit written consent, which may be withheld at the Host’s sole discretion;
– Refrain from making alterations or additions to the Premises;
– Avoid any actions or omissions that could damage the Premises or void any related insurance policy;
– Abstain from illegal activities or causing noise or disturbances that affect the peaceful enjoyment of neighboring properties;
– Adhere to the Body Corporate rules (if applicable);
– Use the Premises solely for residential accommodation and the parking bays only for parking motor vehicles;
– Maintain the interior of the Premises in good condition;
– Repair any damage caused by the Guest or their visitors;
– Not keep animals or pets on the Premises;
– Refrain from duplicating keys and return all keys and remote controls to the Host upon termination of the Agreement. Lost keys will incur fees as determined by the property owner;
– Return the Premises to the Owner in good condition (excluding fair wear and tear) upon termination;
– Use the Premises only for standard rental accommodation unless alternative use (e.g., as an event venue or film location) is agreed in writing with the Host, potentially at an additional cost.
The Guest must promptly notify the Host of any planned increase in occupants during the stay, including the duration of their stay. Additional occupants require the Host’s written consent, which may be withheld at the Host’s discretion and may incur an additional fee per person.
If the Guest wishes to extend their stay and the Premises are available, this can be arranged with the Host for an additional rental fee, payable in advance. The deposit cannot be used to cover this fee.
Owner’s Duties, Rights, and Obligations
The Host, acting on the Owner’s authority, may terminate any booking or stay if the Guest’s behavior is deemed unacceptable or offensive at the Host’s sole discretion.
The Host ensures the Premises include all furnishings, fittings, appliances, equipment, and amenities as represented by the Owner.
The Owner, through the Host, will promptly inform the Guest of any material facts or changes affecting the Guest’s use or enjoyment of the Premises, such as renovations or construction on or near the Premises that may cause inconvenience. The Guest acknowledges reading the listing description and noting any disclosed circumstances, with no recourse for such disclosed issues.
The Host provides cleaning services and linen changes on specified days as per marketing materials.
The Host ensures guest relations staff are available to address queries in person or by phone within a reasonable time.
Guest’s Authority
The Guest warrants to the Owner and Host that:
– They are authorized to enter the Reservation Agreement and bind all occupants to its terms;
– They assume full responsibility for the occupants’ obligations under this Agreement.
Damages & Rental Deposit
The Guest agrees to pay a refundable breakage and security deposit before or upon arrival. The Guest will sign any required documentation to freeze this deposit. Upon termination of the Agreement, the Host may debit the Guest’s credit card for any amounts owed to the Owner, refunding any remaining deposit funds. Breakages will be charged at replacement cost plus an administrative fee. The Guest authorizes Great X Cape to use the deposit to cover damages or breakages to the Premises.
The Guest may not offset any amounts owed against the deposit.
If the Guest cancels after the occupation date but before the termination date, the deposit will be refunded within 7 days, minus any applicable deductions.
Arrival & Departure
Check-in is at or after 15:00 on the occupation date, and check-out is at or before 10:00 on the termination date. Guests must provide identification (e.g., passport or ID) upon request to verify their identity.
Privacy and POPIA Consent
By making this booking, you consent to the collection, processing, and storage of your personal information in accordance with the Protection of Personal Information Act (POPIA). We collect your information to process your booking, provide services, and communicate updates. Your data will be securely stored and shared only with third parties as required by law or necessary for service provision (e.g., payment processors, accommodation partners, or transport providers). You may request access to, correction of, or deletion of your personal data. For further details, refer to our Privacy Policy.
By accepting these terms, you confirm you have read and understood this consent notice.
Indemnification
The Guest indemnifies the Owner and Host/Agent against any claims for loss, damage, theft, accident, or injury to the Guest, their visitors, or any third party arising from the occupation of the Premises. The Guest will have no claims against the Host or Owner for loss, damage, or injury caused by defects in the Premises, fire, theft, or any condition beyond the Host’s or Owner’s control, including vis major. The Guest will cover any claims made against the Host or Owner for loss, damage, or injury resulting from the Guest’s or their visitors’ actions or omissions. The Guest also indemnifies the Host and Owner for construction work occurring near but not on the Premises.
The Guest accepts liability for all minors and visitors to the property.
Breach
If either party breaches this Agreement, the non-breaching party may issue a 24-hour notice to remedy the breach. If the breach is not remedied, the non-breaching party may, without prejudice to other legal rights, cancel the Agreement or demand immediate performance or payment.
If the non-breaching party takes legal action due to a breach, they may recover all costs, including legal fees (on an attorney-client scale), tracing fees, and collection commissions.
General
No changes, cancellations, or additions to this Agreement are valid unless in writing and signed by all parties or their authorized representatives.
This Agreement supersedes all prior negotiations and agreements between the parties.
This document represents the entire Agreement, and no party is bound by unrecorded undertakings, representations, or warranties.
Any indulgence or leniency granted by a party does not prejudice their rights or prevent future enforcement.
Jurisdiction
This Agreement is governed by the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Cape of Good Hope Provincial Division.
