Whale House, Simons Town

- Requests for an early check in (before 2pm) or later departure (after 10 am) are always subject to the availability and convenience of the staff.

- In order to guarantee a check in and/or check out at times other than those set out, an additional charge of 50% of one nights rental cost for the Property will be payable in advance. You will be provided with directions and instructions for the check in and check out procedure separately. For arrivals after 6pm or before 8 am an additional cash after hours check in fee will be charged.

- Peak season has a minimum stay of 14 nights.

- A cleaning fee is required.

Agreement Fee:
- A contract fee applies for each booking.

Use of Property:
- Unless otherwise agreed prior to booking, the Property may only be used as private rental holiday accommodation and not for any photographic or film location work or as a venue for any function, wedding, party or event involving anyone other than the Occupants entitled to sleep at the Property as notified to the managing agent on Booking Form. Where the managing agent becomes aware of any unauthorized use of the Property it shall be entitled to require such usage to cease immediately and/or terminate the Rental Booking and require Occupants to leave. In these circumstances the managing agent may also be entitled to charge an additional fee for the unauthorised event, such fee to be calculated reasonably at its discretion depending on the nature of the event and to be recovered if necessary from the Security Deposit.

Maximum number of Occupants:
- The names of all the Occupants are set out on the agreement form and no other person may occupy or reside at the Property at any time without the managing agents prior written consent. Only those Occupants may use the Property and under no circumstances may the total number of Occupants sleeping at the Property exceed the maximum number stipulated.

- Guests should only sleep on the beds provided, though where applicable sofa beds may be used for children under 16 by prior arrangement. We are entitled to require you and the Occupants to vacate the Property if the conditions set out herein are breached. In addition to being entitled to require you and the Occupants to vacate the Property, we shall also be entitled to charge a pro-rata rate in the event that persons other than those on the Booking Form occupy, reside at or sleep at the Property. These entitlements shall be exercised and/or enforced at our sole discretion. No pets are permitted on the Property other than when state by the managing agent.

Noise Control:
- No loud parties of any kind are to be held at any of our homes. No noise (or music of any nature heard by neighbours) is allowed between 10pm and 8am during the week and between 9am and 11 pm on weekends. No hooting or shouting in the street at any time (day and night). Failure to comply with the above will result in the following: a fine for every call out to the home to warn (and quieten) you should we receive excessive noise complaints from neighbours. Should it come to our attention that a loud party is being held or was held, we reserve the right to evict immediately with no refund of monies paid including breakage deposit. Should immediate eviction not be possible, the owner or manager has the right to call on private security guard/s to ensure the above noise conditions are adhered to. The cost of this will be for your account. Eviction will then take place the next day.

Complaints and problems during your stay:
- If you have any complaints or problems during the Rental Booking Period, please notify us as when you become aware of the problem so that the problem can be remedied. We emphasise the importance of bringing complaints or problems to our immediate attention as we cannot assist with or remedy a complaint after the fact. The managing agent or the Property Owners are not responsible for disturbances, failures or malfunctions out of our respective control, as well as the failure of services supplied by the municipality, services supplied by third party data and telephony suppliers, pool equipment malfunctions, appliance malfunctions and/or neighbour, construction or other nuisances. We will make every effort to assist with the resolution of any such problems as soon as we are notified of them.

- If you vacate or abandon the Property during the Rental Booking Period without notice, you forfeit any claim to compensation, assistance and/or reimbursement if applicable.

Responsibilities:
- You and the other occupants hereby undertake to activate the alarm when leaving the premises unattended for any period of time during the Rental Booking Period. It is your responsibility, and that of each of the persons named on the Required Reservation info,: (a) to pay for any losses or damages to the property or premises, negligence, ignorance, malicious damage (reasonable wear and tear excluded, acts of nature excluded) (b) to take good care of the property and leave it in a clean and tidy condition at the end of the rental period (c) to permit the property manager reasonable access to the property (d) not to part with any possession of the property, or share it, anyone other than with members named on the Required Reservation info, and (e) not to cause an annoyance or become a nuisance to occupants of adjoining premises. NB) It is the responsibility of the person named on the Booking Terms and Condition and Indemnity Info, to insure that the all exteriors doors, windows are closed every time the property is left unoccupied.

Rubbish Removal:
- Ensure you are aware of the rubbish removal procedure at this accommodation and that you follow the procedure to get rid of any and all rubbish. Failure to do so you can be fined with the cost incurred by the owner due to Municipal, civic, neighbourhood legal action or removal company costs.

Weather conditions:
- Due to high velocity winds and unexpected rain, it is imperative that the glass doors and windows are secured properly when retiring or when leaving the premises as well as any outdoor cushions and umbrellas that have to be stored inside. They tend to fly away in the wind and you will be held responsible if they are blown away or broken.

Swimming pools:
- Where properties feature a swimming pool, these are to be used entirely at your own risk and unless otherwise advised these are not supervised in any way or equipped with child safety nets or fences. Pools are also not heated (unless advised).

- Pools are generally serviced weekly and while we will endeavour to arrange additional cleaning services if required during your stay this is not always possible on weekends and holidays and we cannot always guarantee pools remaining completely clean during occasional periods of extreme weather conditions.

Stairs and balconies:
- If you have guests who are at risk when exposed to balconies and stairs you will notify the managing agent before you agree to rent any property. The managing agent will provide you with the necessary info regarding these risks. Guests staying with children do so at their own risk and are urged to take all due care and attention during their stay. If the accommodation is deemed unsafe for your guests by you then you need to vacate the property at your own cost and find alternative accommodation – as no refunds at this late stage will be given. The managing agent or the owners do not accept any responsibility for any injuries on this property.

Security Deposit:
- You have been notified of the separate security deposit that will be required in addition to the Total Cost (“Security Deposit”). The standard security deposit is stated in the Required Reservation info email. This is held by the Agent or Villa. The Security Deposit will be held against the cost of any damage or breakages to the Property or its contents, as well as any telephone charges or lost keys. Any charges to be deducted from the Security Deposit will be notified to you within 14 days of the end of the rental period, after which the remainder of the Security Deposit shall be returned.

Early departure or late arrival:
- Should you arrive late or wish to check out / vacate the property prior to your agreed arrival departure dates, the agreement will remain binding for the full period, and all monies will remain payable.

Important request:
- This is a no smoking property and smoking will only be allowed outside away from open windows and doors so no second hand smoke travels into the house. Governing law and jurisdiction: South African law shall govern the validity, construction and performance of these conditions. It is agreed between us, and the person named on the booking form, that any dispute shall be subject to the exclusive jurisdiction of the South African Courts.

Insurance:
- All guests are strongly advised to arrange comprehensive insurance against travel and other related risks as any loss or damage including theft of personal items cannot be claimed against the property insurance.

- It is the responsibility of the persons named on the this Booking Form and those accompanying them to fully insure their personal items and also to keep the property secured by setting any alarm and securing all doors, windows and gates when going out.

Authority to sign:
- The responsible person certifies that (a) he or she is authorised to agree to these conditions on behalf of all persons named on the Required Reservation info, including those submitted at a later date (b) the signatory is over eighteen years of age and a member of the party intending to occupy the property and (c) he or she takes full responsibility for any persons occupying the property during the booking period.

Liability:
- We do not accept liability for any act, neglect or default for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which any of the persons named on the Required Reservation info or any of their guests or invitees may suffer or incur arising out of, or in any way connected with, the property rental. Property descriptions: The property descriptions used on our web site or otherwise provided to you are made in good faith and are believed to be accurate.

- Power Consumption Any non normal power consumption will be for the account of the responsible person.

Departure rules And Cleaning Responsibility:
- The owner/managers gives you a clean and neat place. When you depart please leave the accommodation tidy. This includes, but is not limited to getting rid of all waste and ensuring rubbish is removed on days given to you by the manager. An amount will be deducted. You need to also ensure you leave the accommodation secured if checking your self out.

- The owner/manager will do a review on how you respected the accommodation and will have the right to publish these results and any photos in public.

Water Restrictions: 
- Water restrictions due to severe drought: Drought restriction targets are easily achieved by 99% of all Cape Town residents who care like you. You agree to use less than 87lt per person per day.

Indemnity:
The responsible person accepts the indemnity below:
- RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT The responsible person has the authority to, agree on behalf of the party as follows: 1. We are occupying the above property at my/our own and sole risk and are using the facilities on the Premises entirely at my/our own risk and I/we hereby indemnify and hold harmless the owner of the Premises and their members, employees, agents and/or affiliates (“the Indemnified Parties”) against all liability for any and all claims whatsoever and howsoever arising, including without limitation, any consequential loss claim, arising from and including without limitation, any loss, theft, or damage to my/our property (whether corporeal or otherwise) or any illness, injury or death which may arise irrespective of the cause of any such loss, theft, damage, illness, injury or death and in particular, whether arising through negligence or recklessness and whether liability would be vicarious or not. 2. This agreement shall be effective and binding on me, my spouse, my heirs, next of kin, executors, administrators and assigns, in the event of my death, my personal representatives, my children and any guardian ad litem for the said children.