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Terms & Conditions

A. By making a reservation you (hereinafter referred to as the “Guest”) accept and agree to the relevant cancellation provisions of the terms and conditions set out below as well as the Terms and Conditions of Use of this Website that may apply to your booking or during your stay at the Premises, including for services rendered. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the details thoroughly for any such conditions prior to making your reservation. Please note that a booking which requires a deposit or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar as the relevant (remaining) amount(s) cannot be collected in full on the relevant date in accordance with the terms and conditions below. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless 26th On First agrees or allows otherwise.

B. If you wish to review, adjust or cancel your reservation, please revert to the confirmation e-mail and follow the instructions therein.

C. We recommend that you read the terms and conditions of use carefully prior to making your booking and remember to make further payments on time as may be required for the relevant booking.

1. INTERPRETATION

In these Terms and Conditions of Use:

1.1. References to the masculine gender shall include the feminine and neutral genders and vice versa.

1.2. References to the singular shall include the plural and vice versa.

1.3. All references to time in these Terms and Conditions will be references to South African time.

2. DEFINITIONS 

Unless clearly inconsistent with or otherwise indicated by the context:

2.1. “This/the Agreement” means the Agreement that is constituted by and consists of the provisions of the Booking Form and the Terms and Conditions of Use.

2.2. “26th On First” means 26th On First Proprietary Limited (Registration Number 2013/030016/07), a private company duly registered and incorporated in accordance with the laws of the Republic of South Africa.

2.3. “Booking Form” means the booking form completed by the Guest on line on 26th On First’s Website, www.26onfirst.com

2.4. “Breakage Deposit” means a breakage deposit of 10% (ten per cent) of the rental.

2.5. “Facilities” means swimming pools, sauna, steam room and gym situate at the Premises.

2.6. “Guest” means the Guest/s as described in the Booking Form.

2.7. “Nominated Bank Account” means the bank account of 26th On First as reflected in the Booking Form.

2.8. “Occupants” mean all the persons including the Guest staying overnight in the Premises during the Occupation Period and, where the context so requires, will include guests of the occupants.

2.9. “Occupation Date” means the first day of the rental period as stipulated in the booking form.

2.10. “Occupancy Limit” shall mean 12 (twelve) persons unless agreed otherwise in writing by 26th on First.

2.11. “Occupation Period” means the period for which the Premises is to be rented by the Guest as stipulated by the Guest in the Booking Form.

2.12. “Premises” means the Villa situate at 26 First Crescent, Camps Bay, Cape Town, South Africa.

2.13. “Rental” means the rental amount stipulated in the Booking Form.

2.14. “Termination Date” means the last day of the rental period as stipulated in the Booking Form.

3. RENTAL OF THE PREMISES

3.1. In order to secure the rental of the Premises for the Rental Period, the Guest shall:

3.1.1. complete and submt the Booking Form; and

3.1.2. by paying the required deposit as reflected in the Booking Form.

3.2. Should the deposit not be received by 26th On First by receiving confirmation of such payment within 48 (forty eight) hours of receipt of the Booking Form as required by 3.1.2 above, this will result in the booking lapsing.

4. PAYMENT OF BALANCE OF THE RENTAL

 4.1. The Guest shall effect payment of the balance of the Rental into the Nominated Bank Account at least ten days prior to the Occupation Date. Failure to make payment of the balance of the rental will be deemed to be a cancellation of the booking and a forfeiture of the deposit.

4.2. In order to be given occupation of the Premises on arrival, the Guest shall electronically transfer into the Nominated Bank Account the Breakage Deposit.

5. CANCELLATION BY GUEST 

5.1. Any requests for changes in or cancellation of the booking cannot be accepted if made verbally and must be made in writing to 26th On First and delivered by secure e-mail, by the Guest.

5.2. Cancellations will only become effective upon receipt by 26th on First of the written notification referred to in paragraph 6.1.

5.3. Cancellations must be made in writing more than 10 (ten) days prior to the Occupation Date (excluding the first day) in order for the Deposit to be refunded to the Guest.

5.4. Cancellations made less than 10 (ten) days prior to the Occupation Date (excluding the first day) will result in the Guest forfeiting the entire rental.
 

6. CANCELLATION BY 26TH ON FIRST 

6.1. 26th On First reserves the right to cancel the Guest’s booking under the following circumstances:

6.1.1. if the Premises are rendered unsuitable by force majeure, including but not limited to fire, flood, or acts of God, then in such event 26th On First will make every effort to find an alternate booking arrangement of a similar standard, if available, or 26th on First will repay on demand the pro rata portion of the rental in relation to the Occupation Period during which the Guest is not able to occupy and enjoy the reasonable usage of the Premises;

6.1.2. if the Guest has failed to pay the balance of the rental on time; and

6.1.3. should the Guest not arrive at the Premises on the Occupation Date without notifying 26th On First in writing. This shall constitute a no-show and 26th On First shall be entitled to cancel the booking and all payments made by the Guest shall be forfeited.

6.2. In the event of 26th On First cancelling the Guest’s rental pursuant to paragraphs 6.1, it shall not be liable to the Guest for any claim arising from such cancellation save for payment of the amounts stipulated in paragraph 6.1.

7. DEATH, PERSONAL INJURY OR LOSS OF PROPERTY

7.1. The Occupants shall use the Premises and the Facilities at the Premises at their own risk. Neither 26th on First nor any of its employees or its agents, its directors or officers shall be liable for any loss or damage that the Occupants may suffer as a result of any death, injury, theft, damage to property, accident or any event of whatsoever nature occurring during the occupation of the Premises, whether as a result of 26th On First’s, its employees’ or agents’, directors’ or officers’ default, negligence or otherwise and the Guest hereby waives and abandons any claims and hereby indemnifies 26th On First, its employees or its agents, directors or officers in respect of any such loss or damage.

7.2. The Occupants must provide their own comprehensive travel, medical and other insurance which must be in force for the duration of the Rental Period.

7.3. The Occupants shall accept full responsibility for any accidents caused by or arising out of their own negligence, misuse of property and facilities or failure to comply with applicable statutes and regulations. No claims of any sort will be entertained by 26th on First in the event of incidents occurring whilst Occupants or Guests are under the influence of alcohol or any drugs, whether therapeutic or not.

7.4. The Guest hereby indemnifies 26th On First from any or all claims against 26th On First from third parties arising from its use of the Premises, including all legal costs.

8. OCCUPANCY

8.1. The Premises will be available for occupation from 14:00 on the Occupation Date.

8.2. Occupants are to leave the Premises before 11:00 on the Termination Date, failing which 26th On First has the right to charge the Guest for an extra day (or longer where applicable). In the event that a Guest or Occupant fails to leave the Premises and causes 26th On First to suffer damages, 26th On First’s right to claim such damages remains reserved.

8.3. The Guest shall notify 26th On First within 2 (two) days after the Occupation Date of any defect in the Premises or the absence of any item on the inventory, failing which the Guest shall be deemed to have acknowledged that the Premises were received in good order. 26th On First will arrange for rectification within 48 (forty eight) hours or such period as arranged with the Guest of any defect or missing item.

8.4. The Guest shall advise 26th On First in advance, or at the time, of any increase in the number of Occupants and / or Guests above the Occupancy Limit for the Premises, at any time during the Occupation Period. Consent in respect of permitting additional Occupants is at the discretion of 26th On First. Should such consent be granted, the Guest will be invoiced at the daily rate for such additional Occupants.

8.5. If consent as contemplated in paragraph 8.4 is not forthcoming, an additional Occupant’s overnight stay will constitute a breach of this agreement in respect of which the Guest and Occupants may be evicted without refund.

8.6. The Guest may not sublet the whole or any part of the Premises to any third party, nor may the Guest cede and / or delegate any of his rights or obligations under this agreement.

8.7. The Occupants shall not do anything which could damage the Premises or render any insurance policy in respect of the Premises void or voidable.

8.8. Should the Occupants damage the Premises or break or lose any items in the inventory, the Guest shall advise 26th On First so that arrangement can be made for the replacement or repair thereof. The Guest shall be liable for the costs of such replacement or repair.

8.9. The Occupants may not make any alterations or additions to the Premises, nor affix anything to the walls of the Premises.

8.10. The Occupants shall only use the Premises for residential accommodation purposes and the parking places only for parking of motor car/s.

8.11. The Occupants shall ensure that refuse does not remain on or outside the Premises save in the place as provided.

8.12. The Guest shall keep and maintain the interior of the Premises clean and in good order and condition.

8.13. The Occupants shall, upon vacating the Premises, leave it in the same condition in which it was handed to them. Should this not be the case and should 26th On First be required to effect clean-up work to the Premises, the Guest shall be liable for the costs thereof and 26th On First shall be entitled to levy an additional charge of R1 000.00 (one thousand rand) for effecting such clean-up work.

8.14. The Guest shall bear the costs of unblocking waste pipes / drains / toilet cisterns, if such blocking had been caused by the Guest.

8.15. The Guest is responsible for the cost of repairing or replacing all interior fixtures and fittings which may become broken or damaged.

8.16. No pets are allowed on the Premises unless approved by 26th On First in writing.

8.17. 26th On First, its employees and agents shall be entitled to enter the premises at all reasonable times for the servicing and cleaning thereof.

8.18. The keys are the responsibility of the Guest. No copies may be made and they shall all be left with the employees or agents of 26th On First on vacating the Premises. Should this not occur, 26th On First may charge the Guest R200.00 (two hundred rand) per key not returned and R350.00 (three hundred and fifty rand) per remote not returned and, if required, replace the locks at the Guests costs and expense.

9. TERMINATION DATE 

9.1. On the Termination Date, the Guest shall:

9.1.1. return and deliver the Premises in good order and condition to 26th On First (fair wear and tear excepted); and

9.1.2. settle the costs of any additional services requested by the Guest and provided by 26th On First.

9.2. If the Guest wishes to extend the Occupation Period, and subject to the Premises being available, this may be arranged with 26th On First for an agreed additional rental. Such additional rental shall be paid in advance.

10. OCCUPANT BEHAVIOUR

10.1. The Occupants must behave in a manner that is considerate to others. Disruptive behaviour caused by loud music and / or late night or early morning rowdiness will not be tolerated.

10.2. If the occupants cause unreasonable annoyance, noise, distress, damage, crime or danger to the Premises or employees of 26th On First, 26th On First has the right to evict the occupants.

10.3. No parties or functions such as weddings are allowed without 26th On First’s prior consent.

10.4. The Occupants shall not be entitled to bring alcohol onto the Premises without the prior consent of 26th on First.

11. BREAKAGE AND SECURITY DEPOSIT 

11.1. Should the amount of damages suffered exceed the deposit the Guest will remain liable for the payment thereof.

11.2. Upon expiry or earlier termination of this Agreement, 26th On First shall be entitled to use the Breakage Deposit to cover, if paid, or debit the Guest’s credit card in the event that any amount is owing by the Guest to 26th On First, for payment of any unpaid accounts, costs of services rendered to the Occupants at the Premises, for repairs, maintenance and / or replacement of broken or missing items at the Premises and charges in respect thereof. These costs will include any bank charges or credit card commission incurred.

11.3. The Guest may not under any circumstances whatsoever set-off monies owing by him under this Agreement, against the Breakage Deposit.

11.4. The balance of Breakage Deposit held by 26th On First after settlement of items per 11.2 above shall be refunded to the Guest after all the work and attendances involved, if any, have been completed, which could reasonably be expected within 14 (fourteen) days of the Termination Date unless the necessary repairs or replacement of broken / missing items take longer than this period to rectify.

12. 26TH ON FIRST’S DUTIES, RIGHTS AND OBLIGATIONS

12.1. 26th On First undertakes at its own cost and for the duration of the occupation period to:

12.2. ensure that the Premises are clean, in good order and condition;

12.3. ensure that the premises (including all contents therein) are adequately insured against damage, destruction and / or any loss which 26th On First may suffer as a result of theft or break-in and / or fire, during the Occupation Period. The insurance should include coverage for public liability, SASRIA and malicious damage; and 

12.4. provide housekeeping and cleaning services, which shall not include doing laundry for the Guest. Should the Guest require clothes to be laundered, 26th On First may arrange for the laundering of such clothes, but accepts no responsibility in respect of any loss or damage suffered in respect thereof.

13. DESCRIPTION OF PREMISES

 13.1. Minor differences between the actual Premises and any description or illustration thereof may exist. While 26th On First takes all reasonable steps to ensure the accuracy of such description and illustrations, they will not be liable for any non-material errors or differences or for the results thereof.

13.2. Non-material differences in the description of the Premises will not amount to a breach of this Agreement and will not entitle the Guest to cancel the Agreement.

14. JURISDICTION 

This Agreement shall be interpreted and governed in accordance with the laws of the Republic of South Africa and any dispute arising from this agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

15. DOMICILIUM CITANDI ET EXECUTANDI

15.1. The Guest appoints as his domicilium citandi et executandi for all purposes, at the Premises during the Occupation Period and otherwise at the address set out in the Booking Form.

15.2. All notices to be given to the Guest during the Occupation Period shall be in writing and hand delivered to the Premises and otherwise sent by e-mail at the address set out in the Booking Form.

15.3. All notices to be given to 26th On First relative to this Agreement should be in writing and hand delivered to 26th On First and sent by e-mail at the e-mail address appearing on the Booking Form.

16. BREACH

Save as otherwise provided, if any Guest commits a breach of any of the terms and conditions of this Agreement, then 26th On First shall be entitled to give the Guest 48 (forty eight) hours’ notice to remedy such breach, and if either the Guest fails to comply with such notice, then 26th On First shall be entitled, but not obliged, without prejudice to any other rights which 26th on First may have in law, including the right to claim damages:

16.1. to cancel this Agreement; or

16.2. to claim immediate performance and / or payment of all the Guest’s obligations in terms hereof. 

17. GENERAL

17.1. This Agreement supersedes any prior agreement between 26th on First and the Guest, verbal or otherwise.

17.2. This Agreement constitutes the entire agreement between 26th on First and the Guest relating to the contents thereof.

17.3. No alteration, variation or addition to this Agreement shall be of any force or effect, unless reduced to writing and be signed by 26th on First and the Guest or their authorized representatives.

17.4. No indulgence, leniency or extension of time which either 26th On First, the Guest may grant or show, shall in any way prejudice such party or preclude it from exercising any of its rights in the future.

17.5. All costs, including attorney and own client costs, incurred by 26th on First arising out of the breach of any provisions of this Agreement by the Guest, shall be borne by the party in Guest.

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