An African Story - House Rules & Terms of Rental | RETURN Africa

House Rules

Please read the following house rules carefully before confirming your booking.

Noise and Quiet Hours

This villa is situated in a quiet residential area. Strict noise control measures are in place as implemented by the City of Cape Town for this area.
No noise or music of any nature is permitted between 22h00 and 08h00 on weekdays and between 23h00 and 08h00 on weekends.
Guests are required to move indoors at or before the above noise curfew times.
No external sound equipment or speakers may be brought onto the premises.
No hooting, loud noise, or shouting in the streets is permitted.

Parties, Events, and Gatherings

We have a strict no-party policy. The property is situated in a residential area and neighbours are noise sensitive.
No parties, corporate events, bachelor or bachelorette parties, or social gatherings are permitted on the property.
Smaller gatherings may be permitted with prior written arrangement and consent from the Manager. A venue fee of R50,000 will be charged per approved event.
For approved events, only suppliers pre-approved in writing by the Manager may be used.

Guests and Occupancy

Overnight occupation is strictly limited to the number of persons listed on the reservation contract.
No persons may overnight at the property other than those recorded in the Booking Form.
All day visitors (non-overnight guests) must be pre-approved by villa management prior to arrival. Booked guests are fully responsible for their visitors.
No groups consisting entirely of solo travellers are permitted unless arranged by special request.

Smoking

The property is strictly non-smoking. This includes cigarettes, pipes, cigars, hubbly bubblies, and marijuana.
Any guest who smokes inside the property will be levied a fine per incident and may be immediately evicted. Additional charges may apply for professional upholstery, linen, and curtain cleaning and sanitising.

Pets

No pets or animals are permitted on the premises.

Photography, Video, and Media

No professional video or photo shoots are permitted at the villa without prior written approval from the Manager. An additional fee of [FEE TO BE CONFIRMED] will apply.
Any photos or videos of the property’s interior or exterior may not be shared or featured on social media or in publications without prior written consent from both the Manager and the homeowner.

External Service Providers

No extra services may be delivered or performed at the property unless such service providers have been appointed or approved in writing by the Manager.

Terms of Rental

1. Guest’s Duties, Rights, and Obligations

This is a serviced property, and the guest will allow the Manager access to perform their duties and to inspect the premises.
The guest warrants that the persons who shall occupy the premises are only those set out in the Confirmation of Reservation and will not allow any other person to occupy the premises unless prior written consent of the Manager has been obtained. A fine equal to the per person cost per night will be charged should this prohibition be breached.
The number of persons residing on or at the premises shall at no time exceed the maximum number stipulated in the Confirmation of Reservation.
The guest undertakes to advise the Manager, as soon as is reasonably possible, of any intended increase in the number of occupants. Any such additional occupants shall only be entitled to occupy the premises with the express written consent of the Manager, which consent may be withheld in the Manager’s sole and absolute discretion and upon payment of the additional charge per person.

The Guest shall:

Not do, or omit to do, anything which could damage the premises or render any insurance policy in respect of the premises void or voidable.
Refrain from doing anything which is illegal and/or causing any noise or nuisance that would in any way disturb the quiet and peaceful occupation enjoyed by the neighbours of the premises.
Not sub-let the premises without written permission.
Not make any alterations to the premises.
Use the premises only for residential accommodation. Any alternative usage (such as a venue for an event or as a film location) must be agreed in writing with the Manager prior to occupation and may be charged at an additional rate.
Keep the premises in good order and condition.
Notify the Manager in writing within 24 hours after the occupation date of any defects in the premises, failing which the guest shall be deemed to have acknowledged that the premises was received in good order and condition. The Manager undertakes to remedy such defects as soon as is reasonably possible.
Notify the Manager in writing within 24 hours after the occupation date of the absence of any items on the inventory, failing which the guest shall be deemed to have acknowledged that the inventory is true and correct.
Not keep any animals or pets on the premises.
Not make duplicates of any keys.
On termination of this agreement, deliver all keys (including any duplicates) and remote-control units to the Manager.
Return the premises in good order upon termination of the agreement.

2. Reservation and Payment

Should the full rental not be paid by the final payment date, the Manager shall be entitled to cancel this agreement.
Check-in time is at or after 14h00 on the occupation date. Check-out time is at or before 10h00 on the departure date.
After-hours check-ins may incur an additional charge.
Only guests who have been listed on the reservation at the time of booking will be allowed to overnight at the establishment.
Passport copies of all guests booked will be required at the point of confirmation.

3. Refundable Breakage and Security Deposit

The guest agrees to pay a refundable breakage and security deposit of up to R100,000 on arrival at the premises.
The guest may not set off monies owing under the agreement against the breakage and security deposit. The amount of the Breakage Deposit will be set out in the Confirmation of Reservation.
The Owner and/or Manager shall have the right to apply the whole or a portion of the deposit towards payment of any liability for which the guest is responsible, including but not limited to damages, replacement of missing inventory items, charges for additional services not settled by the guest, and legal fees if applicable.
The Breakage Deposit shall be retained until all repairs and/or replacements have been finalised. Should no repairs and/or replacements be necessary, the deposit will be refunded within 7 days after the guest’s departure date. Should there be deductions, a 10% Handling Fee on the cost of replacements shall be payable by the guest and deducted from the deposit.
Should the deposit be insufficient to cover the costs referred to in this clause, the Owner and/or Manager reserve the right to claim any further amount due directly from the guest.
Should the guest cancel the agreement after the occupation date but prior to the termination date, the deposit shall be released within 21 days of such cancellation, less any deductions.

4. Extras

The guest shall, upon request by the Manager, pay for any extra costs (telephone account, guest laundry, personal security, additional transfers, replacement costs for breakage/damaged goods, excursions and experiences, etc.) incurred in respect of their reservation or during their stay and paid by the Manager on the guest’s behalf.
All such extras will be for the guest’s account. The Manager reserves the right to deduct these from the Breakage Deposit in the event of non-payment or dispute.
A surcharge of 10% plus VAT of the value of extras is payable to the Manager as its facilitation fee.

5. Functions and Events

The property is to be used for accommodation purposes only. No parties, functions, or events are allowed without prior arrangement and written consent.
In addition to the rental fee, a venue fee of R50,000 will be charged per approved event.
RETURN Africa, as the property manager, has the right to evict guests with a full cancellation fee immediately should there be any civil disturbance due to party noise, an excessive number of guests on the premises, or in the event of prior written consent not having been granted.
Music must be switched off at 23h00 on weekends and by 22h00 during the week. A fine will be imposed per disturbance should noise or music be heard from the property after these hours.
Guests are required to move indoors at 23h00 on weekends and 22h00 on weekdays.
For approved events, only the services of An African Story suppliers or those pre-approved by the Manager may be used.

6. Manager’s Duties, Rights, and Obligations

The Manager shall:

Provide a host to assist guests to operate the electronic systems of the house, oversee cleaning staff, and provide a concierge service.
Provide a pool and gardening service.
Make the premises available in a good and clean condition with all fittings, appliances, equipment, and amenities in sound working order.
Inform the guest of any changes that may affect their use and enjoyment of the premises.
Provide a cleaning service and ensure linen is changed at least twice a week.
Ensure guest relations and support staff are available to respond to queries.
Evict the guest within one hour if they behave in a disorderly manner or violate noise policies.

7. Insurance

The guest shall be responsible for taking out and maintaining comprehensive travel, personal, health, and general insurance in amounts sufficient to adequately cover all risks (including Force Majeure Events) and to compensate the guest for any loss, damage to or destruction of any property, the premises, or the death or injury of any person. The guest hereby irrevocably indemnifies the Manager against any liability in this regard.
The premises are covered by sufficient comprehensive public liability insurance, subject to the guest being responsible for all other insurance cover as stated above.

8. Breach of Agreement

If any party commits a breach of the terms and conditions, the aggrieved party shall be entitled to give the defaulting party one-hour notice to remedy such breach. If the defaulting party fails to comply, the aggrieved party may cancel the agreement or claim immediate performance and/or payment of all obligations.

9. Indemnification

The guest indemnifies the Owner and the Manager against any claim for loss, damage, or injury to the property or person of the guest or any other person in occupation of the premises.

10. Jurisdiction

This agreement shall be governed by and construed in accordance with 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.

11. Privacy Policy and Consent Regarding Personal Information

The parties consent to the use, storage, and retention of their personal information as required for the agreement.

12. Force Majeure

The Indemnified Parties shall not be liable if their contractual obligations are adversely affected by any event which they could not foresee or avoid, including but not limited to war, civil strife, terrorist activity, natural or nuclear disaster, or similar events.

13. Fees and Penalties

The guest shall be liable for fees and penalties for breach of the agreement as stipulated in these terms and conditions.

14. Entire Agreement

This document contains the entire agreement between the parties and supersedes all prior negotiations and agreements.

15. Amendments

No alteration, cancellation, variation, or addition shall be of any force or effect unless reduced to writing and signed by all parties.

16. Domicilium Citandi et Executandi

The guest appoints the address of the rented premises and its supplied email address as its domicilium citandi et executandi for all purposes under this agreement.

17. Electricity Load Reduction

Guests should be aware of possible electricity outages due to load-shedding. The Indemnified Parties give no warranty regarding uninterrupted electricity supply.

Interpretation

In this agreement, unless inconsistent with or otherwise indicated by the context:

“Manager” means RETURN Africa (Pty) Ltd.
“Force Majeure” means any event beyond the reasonable control of a party, including but not limited to fire, flood, bad weather, act of God, or war.
“Inventory” means the comprehensive inventory of all contents of the premises provided to the guest on the occupation date.
“Nominated Account” means the account referred to in the email containing the Reservation Confirmation.
“Occupants” means the number of occupants including the guest.
“Occupation Date” means the date set out in the Reservation Confirmation.
“Occupation Period” means the period commencing on the Occupation Date and terminating on the Termination Date.
“Parties” means the Manager and the Guest.
“Premises” means the property to be rented out as set out in the Reservation Confirmation.
“Rental” means the total rental set out in the Reservation Confirmation.
“Schedule” means the Schedule forming part of this agreement.
“Signature Date” means the date of deposit being received, and this agreement coming into force.
“Guest” means the guest whose full details are set out in the Reservation Confirmation.
“Termination Date” means the date set out in the Reservation Confirmation.
“Event” means a public or private gathering for more people than the occupants of the property.

For any questions, contact us on:
+27 (0) 11 646 1391, reservations@returnafrica.com