1) FICA COMPLIANCE

1. Kindly note that we can only confirm your booking and arrange for you to access the property once you have complied with the FICA ACT [Financial Intelligence Centre Act 38 of 2001] by sending us: 

1. a certified copy of your Identity Document or Passport;
2. our Guest T&Cs document, duly completed & initialled and signed by you in the spaces provided.

1. Should you not comply with the above, your booking and access to the property cannot be guaranteed and you indemnify Secondhome from any damages or inconvenience you may suffer as a result of not having your booking confirmed or being granted access to the property.

2) ACCESS TO & ENJOYMENT OF THE PROPERTY

• Neither Secondhome nor the owner of the Property shall accept or be held responsible for:

1. any costs, expenses, loss, injury or damage you may sustain, howsoever caused, during your stay at the Property;
2. any interruption of the municipal services to and at the Property.

• Secondhome reserves to itself the right to, at any time cancel, substitute or change your preferred booking if the Property in question has, in its sole and absolute discretion, fallen into disrepair, is damaged, requires maintenance or becomes unavailable for any other reason. Secondhome cannot be held liable for any inconvenience or damages which the guest(s) may suffer as a result the of this.

• All Properties are strictly non-smoking areas.

• You will, throughout your stay, strictly observe and comply with any and all Body Corporate, House and Estate Rules and directives. The guest(s) confirm that they, and who ever they allow on the property, are familiar with the relevant rules and directives which apply to the property in question and confirm they will adhere to same and will accept responsibility for any and all repercussions associated with the breaching of any and all rules and directives. 

3) IMPORTANT THINGS TO NOTE

• Only persons who are 18 (eighteen) years of age or older and hold valid drivers’ licenses are permitted to operate or drive any vehicles (including golf carts) on the Property or within the estate or complex.

• Visitors should note that only holders of a valid driver’s license issued under the provisions of the Road Traffic Act shall be permitted to drive vehicles on the Property.

• All designated speed limits on the roads in the neighbourhood and in the estate or complex are to be observed at all times. Should there be any fines from speeding or rules being broken, these will be due and payable on presentation of an invoice, prior to your departure. Should these fines be discovered after your departure, the value of any unpaid fines or other costs incurred by you will be deducted from your deposit or must be paid for in full on presentation of an invoice.

• Should the estate allow for golf carts, please note that golf carts are limited to either 2 or 4 persons, depending on their designed seating capacity and such limit may not be exceeded and the golf carts may only be driven by holders of a valid driver’s license.

4) THE ESTATE / COMPLEX

• Please do not discard any litter on the Property or in the estate or complex.

• Please be mindful, careful and respect, inter alia, the following within the estate or Complex:

1. the fauna and flora;
   1. pedestrians, children and golf carts;
   1. the rights of those who also reside on the Estate and are entitled to privacy;
   1. when using public areas;

.

• Please also be aware that certain estates may contain wild animals that could pose a potential danger to you and other guests. You hereby indemnify and agree not to hold Secondhome liable for any damages they may cause to your person or your property and agree to be fully liable for any damage caused to the property by wild animals should you fail to prevent them from accessing the property by closing entry points when not in the property.   

• Monkeys can be a problem so please DO NOT FEED THEM.  As a precaution, we suggest that you close all windows and doors when you vacate the Property, even for short outings.

5) BOOKING PROCEDURE

• To secure your booking, a deposit of half (50%) of  total gross accommodation charge (“Rental”) is payable. This is subject to compliance with the terms in Clause 1 .(above). If you make your booking:  

1. more that 6 (SIX) weeks prior to your agreed arrival date you must pay the balance of your accommodation charge no less than 6 (six) weeks prior to your agreed arrival date and refundable “Breakage Deposit” of R2,000.00 alternatively 20% of the Rental (whichever is greater) no less than 6 (six) weeks prior to your agreed arrival date;
   1. less than 6 (SIX) weeks prior to your agreed arrival date you must pay us the full Rental and Break Deposit on presentation of invoice.

• Should you not adhere to these timelines, your booking will be cancelled, and you may incur cancellation fees unless agreed to in writing with the Company.

• Provided we receive a favourable inspection and verification report as to the condition of the Property from the Service Provider or Home Owner, your Breakage Deposits[JS1]  will be refunded to you via Electronic Funds Transfer (EFT) within 10 (Ten) business days of your departure.

• Should you book a service with us and confirm same in writing (whether email WhatsApp), such booking will be valid and binding and payment for the service, whether you proceed with same or not, will be for your account and payable upon presentation of invoice. You confirm that same is reasonable given the inconvenience and damage that we may suffer as result of any cancellation or decision not to proceed with the service.

6) BOOKING PAYMENTS:

Our reservation and payment system will ensure the efficient booking and confirmation of your Property. Bookings are made by contacting our rental staff at 066 479 5222 or bookings@secondhome.co.za. Payment must be done by EFT. Proof of your payments must be emailed to us at: bookings@secondhome.co.za.

7) CANCELLATION POLICY

7.1 Secondhome will not consider bookings made by

persons who are:

1. below the age of 21;
   1. planning large parties, events, gatherings or group bookings where noise disturbances may result in complaints. 

• If your booking is cancelled:

1. more than 6 (SIX) weeks prior to your agreed arrival
   1. date a minimum cancellation charge of R2 000,00 or 20% of the Rental (whichever is the greater) will be levied against you;
   1. between 4 (FOUR) and 6 (SIX) weeks prior to your agreed arrival date a cancellation charge of 50% of the Total Rental will be levied against you;
   1. less than 4 (FOUR) weeks prior to your agreed arrival date a cancellation fee of 100% of the Rental will be levied against you. 

• Partial refunds will not be given if the municipal services are interrupted, you occupy the Property for only part of the agreed period, you vacate the Property prior to your agreed departure date.

• Property substitutions will not be considered after bookings have been confirmed and payment has been received by Secondhome.

• The guest(s) confirm that the above terms are fair and reasonable and do not have any objection to same.

8) GENERAL BOOKING CONDITIONS

You hereby acknowledge and accept that:

8.1  As the signatory to this Agreement, you accept personal responsibility for:

1. the due and punctual fulfilment of all the financial and other obligations contained herein;
   1. making good any and all damage caused, losses sustained, fines imposed and warnings received by either you or any other member of your party.

8.2  PETS and other domestic animals are not permitted and will be removed and surrendered to local

       authorities unless agreed to in writing.

8.3  You may Check-in to the Property from 15h00 onwards on your agreed day of arrival. Check-ins

       before 15h00 will only be permitted with the prior written approval of Secondhome who may, at

       their discretion, charge you for an additional night’s accommodation in lieu thereof.

8.4  You must Checkout and vacate the Property before 10h00 on your agreed day of departure unless   

        you have obtained prior written approval to depart later from Secondhome who may, at their

       discretion, charge you for an additional night’s accommodation in lieu thereof.

8.5   The Property is self-catering and you will be deemed to have received the Property and its contents

        in good working order and condition unless you notify Secondhome of any defects therein within

        4 hours of your arrival date.

8.6   Your visitors are not permitted to stay in the Property overnight and no extra mattresses of any

   kind whatsoever are allowed in the Property.

8.7   Pool and beach towels are not provided by Secondhome but may be provided by the Property on

        a case by case basis.

8.8   Linen and bath towels are typically changed every 7th day but may at your request be changed

        more frequently at an additional charge.

8.9  A daily cleaning service may be assigned to the Property but does not include any personal laundry services which are also available to you at additional cost. 

8.10 On your departure date:

1. you must leave the Property in the same good repair, order and tidy condition you found it in on your arrival date;
   1. pay for all costs incurred in cleaning or repairing the Property or replacing any broken, damaged or lost items contained therein such as, but not limited to the appliances, linen, crockery, cutlery and furnishings will be for your account. 
   1. you must ensure that all taps, showers, air conditioners, appliances and lights are switched off and that all windows, doors, sliding doors and entrance doors in the Property are closed and locked as Secondhome will not accept responsibility for any loss or damage sustained due to negligence;
   1. you must return all keys, garage remotes and security access discs to Secondhome and pay for any items which are missing, damaged or broken prior to vacating the Property.

8.11  The fees / charges / costs in the clauses above will be evidenced[JS2] [AH3] [JS4]  by the associated invoices and the invoice amount(s) will be payable on demand. Should it be necessary for Secondhome or the owner to institute legal action for the recovery of any of these amounts, the guest(s) will be liable to pay the full costs of the attorneys instructed to institute the legal action as evidenced by the invoice rendered

9) CODE OF CONDUCT AND GENERAL RULES:

9.1 Each bedroom may only be occupied by 2 (two) persons to prevent overcrowding.

9.2 Rental guests are not permitted to have overnight visitors.

9.3 Day visitors must have prior permission to enter the Property and must provide a copy of the ID in advance.

9.4 In the event of overcrowding, you and all your guests will be removed from the Property.

9.5 Loud music can often create a disturbance or nuisance to neighbours & fellow residents and rental guests are therefore required to respect their privacy & keep noise within reasonable levels.

9.6 Please note that fireworks are banned in order to protect animal and bird life.

9.7 Rental guests are advised that no organised private parties are permitted in public areas and that no commercial activity or photographic shoots are permitted unless they receive prior written permission from Secondhome.

11) LIABILITY OF THE GUEST(S)

The guest or his/her agents and/or visitors shall, on demand, compensate Secondhome for any damages caused through intention or negligence on the part of the guest or anyone in their party whilst staying in the Property or making use of any of the services. Smoking is prohibited at all the times inside the property. In the event of smoke hazards including a sticky odour due to smoking or smoking electronic cigarettes, irrespective of whether smoking intentionally or negligently, the guest or his/her agents shall be responsible for actual cost for removing odour and incurred loss for the number of unavailable days. The guest or his/her agents and/or visitors, however, shall, on demand, compensate Secondhome for damages due to loss of business through any damages caused through intention or negligence on the part of the guest or anyone in their party. Secondhome has the right to cede any or all of the rights that we may have without your consent or notification thereof. You may not cede, assign, encumber or transfer any of your rights or obligations in terms of these Terms & conditions.

12) ACKNOWLEDGEMENT AND DISCLAIMER

I hereby accept that I enter the Property entirely at my own risk and that Secondhome, the owner of the Property and their employees, agents and invitees shall not be held liable for any loss or damage, howsoever occurring, to my person or property, despite the fact that I am aware of the protection which the law affords me and my dependants in relation to injuries or loss suffered in these circumstances.  I hereby indemnify and hold such persons harmless in respect of any and all such claims of whatsoever and howsoever arising. I waive on my own behalf and on behalf of my dependants, guests, invitees and all those I legally represent, any claim which I or they may have arising from injury, loss or damage to their persons or possessions whilst within the Property. I confirm that I am aware that Secondhome is not an insurer and will not be held liable for any loss incurred by me and that I will take out the necessary insurance to cover myself, my guests and our personal belongings.

13) OCCUPANCY

Guest(s) agree that no more than the max persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed under this Agreement. Should the guest(s) allow more people to occupy the property than allowed, same will result in the immediate cancellation of your stay at the property and you will forfeit the fees associated with the remainder of you stay. Secondhome reserves their right to claim damages from you should same be incurred.

14) CONDITION AND USE OF PROPERTY

The Property is provided in “as is” condition. Secondhome shall use its best efforts to ensure the

operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot

tubs, fireplaces as applicable. Secondhome shall not be held responsible for such items failure to work,

but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges

that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially

dangerous and involve potential risks if improperly used, particularly with regard to children and such

use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a

careful manner to prevent any damage or loss to the Property and keep the Property in clean and

sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise

and shall not disturb, annoy, endanger, or inconvenience neighbours, nor shall Guest use the Property

for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance,

nor commit waste or nuisance on or about the Property.

The Guest(s) are to look after the property, and the items contained therein, and to keep same in the

condition that it was provided to them. Should there be a damaged or missing item which was not noted

by Secondhome, the Guest(s) is to notify Secondhome within 4 (four) hours of checking in, failing which

the Guest(s) acknowledge that the property, and the items contained therein, are in good condition and

present. At any time during the Guest(s) stay, or as soon as reasonable possible thereafter, Second

Home will present the Guest(s) with an invoice for the repair or replacement of any lost or damaged

item that is uncovered by the owner or Secondhome. The only defence the Guest(s) would be able to

raise to said invoice would be that the item was never there or that the item was already broken – same

would need to be proved beyond a reasonable doubt by the Guest(s). Should the Guest(s) fail to

immediately make payment of said invoice, Secondhome may immediately proceed with legal action

to recover the invoice amount, without further notice to the Guest(s) and the Guest(s) will be liable for

Secondhome’s full legal fees, as evidenced by the invoice of the relevant attorneys.

15) DEFAULT

If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall immediately surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred. Secondhome reserves their right to claim damages from the guest(s) in this regard.

16) ASSIGNMENT OR SUBLEASE

Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.

17) RELEASE

Guest(s) hereby waives and releases any claims against Secondhome, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest(s) on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest(s) agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk, liability and responsibility.

18) ENTRY AND INSPECTION

Secondhome reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Secondhome has a reasonable belief that there is imminent danger to any person or property, Secondhome may enter the Property without advance notice

 [JS1]When doing the final edit, I will add in an extensive and clear clause dealing with damage and theft claims / recovery from guests

 [JS2]Do you do an incoming inspection? What I am trying to find out is if it will be easy for you to prove what is broken or missing?

 [AH3]We do an outgoing inspection so we know what is missing or damaged.

 [JS4]But you will need some sort of proof as to what was in the apartment before the guest came to stay.