Terms & Conditions
in respect of the premises situated (“the Premises”)
- It is recorded and agreed that: not applicable to owner
- the duration of the Tenant’s occupation of the Premises will be as indicated above, both dates inclusive, subject always to the provisions of clauses 26 and 27 below; and
- the number of occupants of the Premises during the period shall be as indicated above. At no time shall the number of occupants exceed the maximum pax as above.
- It is agreed that in order to confirm the provisional reservation the Tenant must ensure that Prime Property Network receives the payment referred to in the cover sheet in a form acceptable to Prime Property Network.
- The balance of the total amount owing in respect of the reservation shall be settled in a form acceptable to Prime Property Network at least 30 days prior to the arrival of the Tenant. not applicable to owner
- The lease agreement in terms of which the Premises are let to the Tenant is between the Tenant and the owner of the Premises (“the Owner”), acting through Prime Property Network as its agent. The lease agreement comes into effect and will be binding on the Tenant and the Owner on receipt by Prime Property Network of a copy of a confirmation of reservation signed by the Tenant and the Owner. The Tenant & The Owner acknowledges that Prime Property Network is the agent of the Tenant & The Owner and Prime Property Network or its duly authorised employees or agents may exercise, on behalf of the Tenant & The Owner, all the Tenants & The Owner’s rights and claims in terms of this agreement. The landlord and the Tenants grant Prime Property Network permission to collect and keep the private information required for the processing and validation of this lease.
- The Tenant shall provide Prime Property Network with a list of defects, faulty appliances or broken or damaged items, in writing, within 48 hours of occupation, failing which the Tenant shall be deemed to have agreed that at the time it took occupation of the Premises, the Premises and its contents (“the Contents”) were in good order and condition, free of defects and that all appliances were in good working order and that there were no broken or damaged items.
5.1.2 make any structural alteration or addition to the PREMISES, stick adhesive picture holders onto or deface the walls, drive nails or other objects into any portion of the PREMISES or paint the interior or exterior of the PREMISES without the prior written consent of the LANDLORD;
5.1.3 keep pets on the PREMISES without the prior written consent of the LANDLORD, which consent may be withdrawn at any time at the LANDLORD’S sole and unfettered discretion; however prior permission has been given for pets to be allowed on the property.
5.1.4 engage in any activity which may potentially cause damage to the PREMISES or which may be potentially prejudicial to neighbours;
5.1.5 place any signs, notices or advertisements anywhere on the PREMISES without the LANDLORD’S prior written consent;
5.1.6 be entitled to withhold or subtract rent on account of the PREMISES not being utilised fully by him/her, or unless the LANDLORD has materially prevented the TENANT from utilising the PREMISES for the use as set out herein;
5.1.7 be entitled to withhold or subtract rent unless the TENANT has a valid claim for monies owed by the LANDLORD;
5.1.8 in the event of the TENANT being entitled to withhold rent, the TENANT shall not be entitled to withhold an amount in excess of what is owed by the LANDLORD;
5.1.9 utilize the DEPOSIT as the last months rental;
5.1.10 have duplicate keys of the PREMISES made without the written consent of LANDLORD;
5.1.11 leave or allow refuse to accumulate in or about the PREMISES except in the refuse bins provided.
5.1.12 use any apparatus or keep any combustible, hazardous, flammable or dangerous materials or substances on the PREMISES which may in any way affect the LANDLORD’S fire policy in respect of the PREMISES, or increase the premium;
5.1.13 keep or do in or about the PREMISES anything which is liable to enhance any of the risks against which the PREMISES is insured for the time being to the extent that such insurance is rendered void or voidable or the premiums of such insurance, become liable to be increased.
5.3 On expiry of the LEASE, the TENANT shall deliver the keys to the LANDLORD by no later than 12:00 pm on termination date of the LEASE agreement, unless agreed to by the owner. Failure to do this will entitle the LANDLORD to retain the deposit as a penalty.
- In the event of cancellation of the confirmed reservation more than 30 days prior to the agreed date of arrival, Prime Property Network reserves the right to retain the full amount of the deposit.
- In the event of cancellation of the confirmed reservation less than 30 days prior to the agreed date of arrival, Prime Property Network reserves the right to retain the full amount of the rental cost.
- In the event of the Tenant failing to cancel the agreement and failing to arrive on the Arrival Date, the Tenant shall forfeit all monies already paid over by it to Prime Property Network and shall be liable to Prime Property Network for the balance of the Rental amount.
- 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.
- A refundable deposit shall be paid by the Tenant on the date of full payment and shall be retained by Prime Property Network in their Trust Account up to a maximum of 20 days after the expiration or earlier cancellation of this agreement.Prime Property Network and/or it agents or The Owner shall inspect the Premises after the Tenant has vacated and the Tenant hereby irrevocably authorises Prime Property Network to utilise such portion of the Deposit as may be necessary for the aforesaid repair and/or replacement to the premises and/or to the contents thereof and the cost of the telephone service and any other expense whatsoever for which the tenant may be liable. To the extent that the cost of such repairs and/or replacement exceeds the Deposit, the Tenant shall pay Prime Property Network therefore forthwith upon receipt of an invoice from Prime Property Network in respect thereof. The Refundable Deposit, less any deductions there from in respect of the aforementioned repair and/or replacement shall be refunded to the Tenant within 20 (twenty) working days of the Tenant vacating the Premises.
- The Tenant shall keep the Premises and the Contents in good order and condition and shall return the Premises and the Contents in the same good order and condition on the Departure Date, fair wear and tear accepted.
- The Tenant 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 rental agreement.
- The Premises shall be used only as a private residence. NO FUNCTIONS, NO CASTINGS, NO STILLS OR FILM SHOOTS ALLOWED without the prior written consent of Prime Property Network or The Owner
- The Tenant shall use its best endeavours to keep the pool, garden, yard and grounds in good order and condition.
- The Tenant shall keep the Premises in a clean, tidy and sanitary condition.
- The Tenant shall not cede any of its rights or delegate any of its obligations under this agreement.
- The Tenant shall not sub-let, permit anyone else to occupy or part with possession of the Premises or part thereof.
- 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 interfere with the comfort of neighbours.
- The Tenant shall not have any claims of any nature against Prime Property Network or the property owners for any loss, damage or injury which the Tenant may directly or indirectly suffer by reason of any 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 effected byPrime Property Network or the Owner timeously or at all or arising out of any defect in the water, gas or electricity supply to the Premises or arising out of vis major or any other cause either wholly or partly beyond Prime Property Network’ or the Owners control or arising from any other cause whatsoever, save for gross negligence on the part of the Owner.
- The Tenant hereby indemnifies Prime Property Network, Sharon Kruyer and the owner against any damage, however caused, suffered or incurred by any person, in connection with the use of the house or operation of any funiculars/elevators/stairs used to gain access to or inside the premises. The Owner indemnifies Prime Property Network and Sharon Kruyer against any claims whatsoever
- The Tenant shall not be entitled to keep or to bring onto the Premises any pets without the prior written consent of Prime Property Network.
- The Tenant shall not be entitled to make any duplicates of any keys in respect of the Premises without the prior written consent of Prime Property Network and shall, upon departure, forthwith deliver all keys (including remote controls) to Prime Property Network or its appointed agent.
- Prime Property Network 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 Prime Property Network shall exercise its rights in terms hereof with the least possible inconvenience to the Tenant.
- The Tenant and The Owner undertakes to pay to Prime Property Network an amount equal to any claim made against Prime Property Network 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.
- 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 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 Prime Property Network 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.
- Should the Tenant:
- fail to pay any amount due in terms of this agreement on due date; or
- commit or allow the commission of any other breach of this agreement; or
- breach any of the terms of this agreement in such a manner as to justify Prime Property Network in holding that the Tenant’s conduct is inconsistent with the intention or ability of the Tenant to carry out the terms of this agreement,
and fail to remedy that breach within a period of 20 (twenty) business days after the receipt of notice to that effect by Prime Property Network, then, and in any of such events, Prime Property Network shall without prejudice to its right to damages or to its right to eject the Tenant from the Premises or to any other claim of any nature whatsoever that Prime Property Network may have against the Tenant as a result thereof be entitled to cancel this agreement.
Should Prime Property Network or the Owner institute action against the Tenant pursuant to a breach by the Tenant of this agreement, then without prejudice to any other rights which Prime Property Network may have, Prime Property Network and The Owner shall be entitled to recover all legal costs incurred by it including attorney and own client charges, tracing fees and such collection commission as Prime Property Network or the Owner is obliged to pay to its attorneys from the Tenant.
The Tenant shall be entitled to cancel this agreement, at any time during the course of the period of lease for no reason whatsoever, by supplying the Landlord with 20 (twenty) business days’ written notice or other recorded manner and form.
- Should the Tenant elect to cancel this agreement upon the notice contemplated in clause 26 above, the Tenant acknowledges that he/she will remain responsible for any outstanding amounts due in terms of this agreement up to the date of cancellation together with a reasonable penalty which will include, but not be limited to, at least 21 (twenty one) days rental and full commission, if any, paid by the Tenant to Prime Property Network together with any costs for damages to the premises.
- Notwithstanding, and without derogation from any of the terms of agreement between Prime Property Network and the Tenant as set out herein, it is specifically recorded that the Owner of the premises shall be entitled to institute an action directly against the Tenant for the recovery of any monies and/or damages in respect of the premises. In this event, Prime Property Network shall not be obliged to be involved, nor shall it be liable in respect of any costs and/or outcome resulting there from. For the avoidance of any doubt, it is recorded that the intention of the a foregoing is to entitle the Owner to exercise the rights of Prime Property Network on its behalf but in its own name, without any legal or other implication to Prime Property Network where any action is brought by the Owner. The Tenant agrees that Prime Property Network cannot be held liable in any way whatsoever where the Owner brings any action directly against the Tenant.
- 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.
- 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 authorised representatives.
- This agreement cancels and supersedes the terms and conditions of all prior negotiations and agreements between the parties.
- 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.
- No indulgence, leniency or extension of time which Prime Property Network may show to the Tenant shall in any way prejudice Prime Property Network or preclude Prime Property Network from exercising any of its rights in the future.
- Should Prime Property Network – on behalf of the Owner – negotiate an extension to the Lease with the Tenant or any business associates or family of the Tenant or should the Owner himself negotiate such extension with the Tenant or any further bookings with the Tenant after expiry of the Lease, or should the Tenant exercise a Lease Extension Option as may be recorded in this agreement, the Owner and/or the Tenant hereby agrees to pay Prime Property Network a commission for the extended period at the same rate of commission. Should the tenant or any business associates or family be interested or purchase the property, Prime Property Network will be the effective cause of sale and commission will be paid accordingly
- Notwithstanding anything contained to the contrary in this Lease, BUT subject to clause28 above the Tenant may cancel this agreement within a period of 5 (five) days after signature hereof by the Tenant, by giving Prime Property Network written notice to this effect within such stipulated period.
- It is recorded that the Tenant’s right in terms of clause 36 above, may only be invoked if the Tenant entered in this agreement as a result of direct marketing (that is if the direct or indirect approach by Prime Property Network to the Tenant, whether in person, via email or ordinary mail, was the reason for this agreement)
- SUBLETTING AND ASSIGNMENTThe TENANT shall not cede or assign any of his/her rights and obligations in terms hereof and shall not sublet the PREMISES, in whole or in part, without the prior written consent of the LANDLORD.
- MAINTENANCE AND REPAIR WORK38.1.1 In the event of the TENANT failing to carry out any repair work for which he/she is liable, the LANDLORD may (in his/her sole discretion) carry out such repairs personally or through contractors, the expense of which shall be for the TENANT’S account and shall be recoverable by the LANDLORD.38.2 The TENANT shall be obliged to give notice of any repair or maintenance work for which the LANDLORD is responsible, within 1 (one) day of becoming aware of the damages. In the event of the TENANT’S failure to do so, he/she shall be deemed responsible for the damages caused and shall be obliged to repair the damages at his/her own expense.38.3 The LANDLORD shall be entitled to make such repairs and alterations as are deemed necessary for the safety, preservation or improvement of the PREMISES, both externally and internally, at all reasonable times during the subsistence of the LEASE, subject to the provision of reasonable written notice of 1 (one) day having been given.
- ACCESS BY LANDLORD39.1 The LANDLORD, workmen or other persons duly authorised thereto, shall be entitled to enter the PREMISES at all reasonable times on reasonable notice having been given, to inspect the property or to do and carry out lawful business therein without interference from the TENANT or to the TENANT39.2 The TENANT shall not be entitled to a remission of the rental in respect of clause 14.1.
- NUISANCE40.1 The TENANT shall at all times ensure that no nuisance emanates from the PREMISES.40.2 The TENANT accepts responsibility for any visitors/inhabitants’ occupants’ actions and any damage caused by such persons shall be regarded as being caused by the TENANT
- RIGHT TO AFFIX NOTICES41.1 The LANDLORD shall have the right to affix and exhibit “TO LET” and/or “FOR SALE” notices on the PREMISES for the duration term of this LEASE and the TENANT shall permit prospective TENANTS and/or Purchasers, as the case may be, to view the PREMISES on 24 (twenty four) hours’ notice being given.41.2 In addition, the TENANT shall permit the LANDLORD or the estate agent, Prime Property network authorised by the LANDLORD, to make the PREMISES available as a show house for 2 (two) Sundays per month between the hours of 12:00 and 17:00 during the period of two months prior to the termination of this LEASE agreement
- SALE OF PREMISES42.1 If the PREMISES are sold, the LANDLORD shall be deemed to having assigned his/her rights and obligations in terms of this LEASE to the Purchaser and the TENANT shall continue to remain bound by this LEASE in all respects.42.2 In the event of the sale of the property notwithstanding anything to the contrary above, the LANDLORD has the right to give the tenant 3 months’ notice to terminate this lease and the tenant accepts that the lease shall terminate on receiving the 3 months’ notice
- DESTRUCTION OF PREMISES
35.1 In the event that the PREMISES are destroyed or so damaged that they can no longer be beneficially occupied, or so that the TENANT’S use of the PREMISES is substantially impaired, the LANDLORD may elect either to terminate the LEASE agreement or to reinstate the damages and the LANDLORD shall refund to the TENANT the proportionate amount of rental paid in advance beyond the date of such termination and the DEPOSIT plus interest (if any) paid back in terms of Clause 4.
35.2 If the PREMISES are partially destroyed or damaged, but not to the extent that Clause 19.1 applies, the TENANT shall enjoy an abatement of rent in proportion to the extent to which he is deprived of use and beneficial occupation of the PREMISES until the partial destruction thereof is remedied. The LANDLORD shall at his cost, reinstate the PREMISES as quickly as is reasonably possible in the circumstances, provided that if the PREMISES are not reinstated within 90 (ninety) days of such damage or destruction taking place, the TENANT shall be entitled to immediately terminate this LEASE by written notice to the LANDLORD.
35.3 Notwithstanding the provisions of Clause 19, if any damage to the PREMISES or the destruction thereof is caused by any act or omission for which either party is responsible in terms of this LEASE, or in Law, the other party shall not be excluded from exercising or pursuing any other right or action or remedy available in Law.
36.ADDRESS FOR SERVICE OF LEGAL NOTICES AND DOCUMENTS
36.1 The TENANT appoints the PREMISES as his/her domiciliumcitandi et executandi (meaning the address for the service of legal notices and documents (“domicilium”))for all purposes in terms of this LEASE. Notices sent by registered post to the TENANT at the PREMISES shall be deemed to have been received 5 (five) days after date of posting.
36.2 Notices delivered to the PREMISES by hand or sent to the facsimile number or email recorded in Clause 1, shall be deemed to have been received on the date of delivery or transmission, as the case may be.
36.3 Any notices given to the LANDLORD should be at his/her domicilium at: Valley House Erf 8369
37. COSTS AND AGENT’S COMMISSION
37.1 The costs incurred in the preparation of this LEASE shall be borne by the TENANT.
37.2 In the event of the LANDLORD instructing an attorney to enforce compliance with the terms hereof, the TENANT agrees to pay such attorney’s fees on an attorney and client scale, together with interest and collection commission.
37.3 The LANDLORD will pay to Prime Property Network commission calculated on between 12% and 20% of the total lease agreement,for long term rentals these amounts shall be deducted from the first months rental unless it is not covered by the first month and it will then be deducted from the months that follow and which shall be paid by the TENANT directly to Prime Property Network, and for short term rentals the full amount due will be paid upfront.
38.1 The TENANT acknowledges that to the extent that the TENANT may be legally entitled to the protection afforded by the provisions of the Prevention of Illegal Eviction from Unlawful Occupation of Land Act No 19 of 1998 (hereinafter referred to as the “PIE ACT”), such PIE Act shall apply to any proceedings of his/her eviction from the PREMISES, in the event of the same being necessary.
38.2 The TENANT acknowledges that service of written notice of an application of his/her eviction in terms of the PIE ACT at the PREMISES and drafted in English will constitute effective notice as contemplated in Section 4 of the PIE ACT.
38.3 The TENANT warrants that his/her personal circumstances, as set out in this agreement hereto, are both true and correct, and that same are the only relevant considerations pertaining to his/her personal circumstances for the Court to take into account in making any order in terms of the PIE Act.
39.RELAXATION OR INDULGENCE
No relaxation or indulgence given to the TENANT shall in any way prejudice the LANDLORD’S rights hereunder and shall not affect the LANDLORD’S right to insist at any time upon strict compliance with each and every term hereof.
40. Should the TENANT be an alien as defined in terms of the Aliens Control Act, he/she warrants that he/she is in possession of a residence permit issued in terms of the said Act. The TENANT furthermore warrants that this permit will be valid for the period of the LEASE (including any renewal or extension period).
41. The TENANT acknowledges that he/she has read and understood the content of this LEASE Agreement, and that all queries relating thereto have been explained to him/her by Prime Property Network.
42.Whenever in this LEASE agreement the masculine is used, it shall include the feminine and the neuter, and the singular shall include the plural and vice versa, unless the context shall clearly indicate otherwise
Conditions of Reservations
- The Premises shall be made available to the Tenant in a good and clean condition and all fittings, appliances, equipment and amenities shall be in good working order.
- The Owner hereby undertakes to ensure that the Premises conform to the highest hygienic standards and that the Premises are suitable as furnished luxury accommodation and for the purpose intended.
- The Owner shall for the duration of the Rental Period provide –
- a cleaning service not less than 5 (five) times per week on business days;
- a pool service, if applicable; and
- a gardening service, if applicable.
The cost whereof shall be borne by the Owner and shall be deemed to be included in the Rental per Day. Should the Owner be unable to provide such service, and in the event that it is agreed that the service shall be supplied and managed by PRIME PROPERTY NETWORK at an additional fee.
- Should the Owner fail to notify PRIME PROPERTY NETWORK of any construction works or noise pollution around or on the Premises, PRIME PROPERTY NETWORK shall within its sole discretion be entitled to relocate the Tenant to alternative accommodation, and claim back any monies paid to the Owner, together with any other costs incurred and/or damages sustained as a result of the Owner’s conduct.
- the Tenant shall be granted vacant, peaceful and undisturbed use and occupation of the Premises for the Rental Period
- Any amount(s) payable in terms of this Agreement shall be confidential and shall not be disclosed to any third party without the mutual consent of both parties.