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OF RENTAL AGREEMENT BETWEEN CAPE GO AND THE TENANT | |||
Cape Go International Rental Agreement CONDITIONS OF OCCUPANCY between CAPE GO INTERNATIONAL ("Cape Go") and __________________________________________ ("the Tenant") of ________________________________________________ in respect of the premises situated ________________________________("the Premises") 1. It is recorded and agreed that: 1.1 the duration of the Tenant's occupation of the Premises will be as indicated above, both dates inclusive, subject always to the provision of clause 25.4; 1.2 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 Tenant must ensure that Cape Go receives the deposit referred to above, in a form acceptable to Cape Go, 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 Go at least 30 days prior to the arrival of the Tenant. 4. In the event of cancellation of the confirmed reservation more than 30 days prior to the agreed date of arrival, Cape Go reserves the right to retain the full amount of the deposit. 5. In the event of cancellation of the confirmed reservation less than 30 days prior to the agreed date of arrival, Cape Go reserves the right to retain the full amount of the rental cost. 6. 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. 7. A refundable deposit of R20,000 shall be paid by the Tenant on the date of full payment and shall be retained by Cape Go until up to a maximum of 30 days after the expiration or earlier cancellation of this agreement whereupon Cape Go shall be entitled to deduct therefrom any amount arising out of the cost of repairing any damage 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 might be liable in terms hereof and the balance of such deposit, if any, shall then be refunded to the Tenant after the Premises have been vacated and Cape Go has had the opportunity to inspect the Premises for the purposes hereof. 8. The number of occupants shall at no time during the currency of this agreement exceed the number referred to in clause 1.2 above. 9. 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. 10. The Tenant shall use the Premises only for residential accommodation. 11. The Tenant shall notify Cape Go within 2 (two) days after the date of arrival of any defects in the Premises and shall, if the Tenant has not notified Cape Go as aforesaid, be deemed to have acknowledged that the Premises were received in good order and condition. 12. The Tenant shall keep the Premises and its contents in good order and condition as they were on the date of arrival and shall return the Premises and the contents in the same good order and condition on the date of departure and all costs incurred in repairing any damage to the Premises or the contents shall be borne by the Tenant. 13. Notwithstanding the provisions of clause 22 hereof, the Tenant shall use its best endeavours to keep the pool, garden, yard and grounds in good order and condition. 14. The Tenant shall keep the Premises in a clean, tidy and sanitary condition. 15. The Tenant shall not cede any of its rights or delegate any of its obligations under this agreement. 16. The Tenant shall not sub-let, permit anyone else to occupy or part with possession of the Premises or part thereof. 17. 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. 18. The Tenant shall not have any claims of any nature against Cape Go for any loss, damage or injury which the Tenant may directly or indirectly suffer (even if such loss, damage or injury is caused through the negligence of Cape Go or Cape Go' servants or employees) 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 by Cape Go 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 Cape Go' control or arising from any other cause whatsoever. 19. The Tenant shall not be entitled to keep or to bring onto the Premises any pets without the prior written consent of Cape Go. 20. The Tenant shall not be entitled to make any duplicates of any keys in respect of the Premises without the prior written consent of Cape Go and shall, upon departure, forthwith deliver all keys (including remote controls) to Cape Go or its appointed agent. 21. Cape Go 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 Cape Go shall exercise its rights in terms hereof with the least possible inconvenience to the Tenant. 22. Cape Go shall ensure that the Premises shall be serviced and cleaned and shall ensure that the garden and swimming pool are serviced and cleaned weekly. 23. The Tenant undertakes to pay to Cape Go an amount equal to any claim made against Cape Go 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. 24. 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 having jurisdiction of the Tenant's person 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 Cape Go 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. 25. Should the Tenant: 25.1 fail to pay any amount due in terms of this agreement on due date; or 25.2 commit or allow the commission of any other breach of this agreement and fail to remedy that breach within a period of 7 (seven) days after the receipt of notice to that effect by Cape Go; or 25.3 repeatedly breach any of the terms of this agreement in such a manner as to justify Cape Go 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, then and in any of such events Cape Go 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 whatever that Cape Go may have against the Tenant as a result thereof: 25.4 be entitled to cancel this agreement; or 25.5 in the case of the sub-clause 25.2 hereof be entitled to remedy such breach and immediately recover the total cost incurred by Cape Go in so doing from the Tenant. Should Cape Go institute action against the Tenant pursuant to a breach by the Tenant of this agreement, then without prejudice to any other rights which Cape Go may have, Cape Go shall be entitled to recover all legal costs incurred by it including attorney and own client charges, tracing fees and such collection commission as Cape Go is obliged to pay to its attorneys from the Tenant. 26. 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. 27. 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. 28. This agreement cancels and supersedes the terms and conditions of all prior negotiations and agreements between the parties. 29. 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. 30. No indulgence, leniency or extension of time which Cape Go may show to the Tenant shall in any way prejudice Cape Go or preclude Cape Go from exercising any of its rights in the future. Dated at --------------- on this the --------------------- day of --------------------- 2002.
FOR CAPE GO _________________________
WITNESSED BY _________________________ _________________________
Dated at --------------- on this the --------------------- day of --------------------- 2002.
FOR THE TENANT _________________________
WITNESSED BY _________________________ _________________________
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