Terms and Conditions
1. It is recorded and agreed that:
1.1 the duration of the Tenants occupation of the Premises as booked, both dates inclusive, subject always to the provision of clause 25.4;1.2 the number of occupants of the Premises during the duration of this agreement shall not exceed the number as stated (maximum 12 persons)
1.2.1 Any additional persons shall be charged at the rate of R1000 per person per day/night.
1.2.2 The owners, management and staff of Amanzi Beach House, can in no way be held responsible for any loss, inconvenience caused, or claim resulting from any ‘act of nature’, acts or issues beyond our reasonable control, theft, acts of crime, lack of government water or electrical supply or any other cause.
1.2.3 Amanzi Beach House can not be held responsible, for any reasons, that the tenant decides to not utilize their booking, is late, or does not arrive or any other reason, not take up their occupation.
1.2.4 Crime prevention CCTV is active at the premise and will be used in the event of any disputes, queries, claims, crime or for any other reason dispute arising.
1.2.5 Tenants accept that the driveway at Amanzi Beach house is not suited to low slung cars or vehicles. Amanzi Beach House accept no responsibility to damage or loss caused, as a result.
1.2.6 DSTV provided is ‘standard family channels’ only. Tenants accept that they may utilize their own DSTV decoder should they require any other channel service.
1.2.7 Tenants agree to turn the Alarm on at all times (Outside beams ON when at the house, and both inside and outside beams ON when away).Tenants accept full liability in the event of any loss or damage at Amanzi beach house, as a result of this not been done.
1.2.8 Tenants agree to and understand that the managing staff reside on the property.
Amanzi Beach House undertakes to provide adequate self-catering equipment, clean linen changed once per 7 days, clean towels, and Gas.
1.3 Check in time from 14:00 on the day of booking. Check out by 10am on date of departure.
2. It is agreed that in order to confirm the provisional reservation the Tenant must ensure that Amanzi Beach House receives the Deposit referred to above, in a form acceptable to Amanzi Beach House.
3. The total amount owing in respect of the reservation shall be settled in a form acceptable to Amanzi Beach House 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, Hamish Hamilton (herein referred to as Amanzi Beach House) reserves the right to retain the full amount of the bookings/damages deposit.
5. In the event of cancellation of the confirmed reservation less than 30 days prior to the agreed date of arrival Amanzi Beach House reserves the right to retain and/or claim the full amount of the rental cost.
6. Although Amanzi Beach house has taken every effort to insure the property and contents of the property and visitors, Every person included in the booking must have travel insurance in force for the entire duration of the Tenants occupation of the Premises.
7. A refundable bookings and damages deposit (R1500) shall be paid by the Tenant when settling the balance after deposit and shall be retained by Amanzi Beach House until up to a maximum of 10 days after the expiration or earlier cancellation of this agreement whereupon Amanzi Beach House shall be entitled to deduct there from any amount arising out of the cost of repairing any damage to the Premises and/or to the contents thereof 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 Amanzi Beach House has had the opportunity to inspect the Premises for the purposes hereof.
8. 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.
9. The Tenant shall use the Premises for residential accommodation only.
10. The Tenant shall notify Amanzi Beach House within 24 hours after the date of arrival of any defects in the Premises and shall, if the Tenant has not notified Amanzi Beach House as aforesaid, be deemed to have acknowledged that the Premises were received in good order and condition.
11. 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.
12. Notwithstanding the provisions of clause 22 hereof, the Tenant shall use his best endeavors to keep the pool, garden, yard and grounds in good order and condition.
13 The Tenant shall keep the Premises in a clean, tidy and sanitary condition.
14 The Tenant shall not cede any of its rights or delegate any of its obligations under this agreement.
15. The Tenant shall not sub-let, permit anyone else to occupy or part with any possessions of the Premises or part thereof.
16. The Tenant shall not do anything or permit anything to be done in or on the entire 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 neighbors.
17. The Tenant shall not have any claims of any nature against Amanzi Beach House for any loss, damage or injury which the Tenant may directly or indirectly suffer 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 Amanzi Beach House 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 Amanzi Beach House control or arising from any other cause whatsoever. The Tenant uses the Premises entirely at his own risk.
17.1 The tenant takes full responsibility for the use of the pool, facilities, beach, and accepts full responsibility for property, accident, loss, death or any other events arising from the use of any other the Amanzi beach house/Shuttle or access to the beach via the rail way line, roads, or paths.
18. Smoking is prohibited in the residence on the Premises.
19. The Tenant shall not be entitled to keep or to bring onto the Premises any pets without the prior written consent of Amanzi Beach House.
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 Amanzi Beach House and shall, upon departure, forthwith deliver all keys (including remote controls) to Amanzi Beach House or its appointed agent. A fee of Euro 50 will be charged for any lost keys or remotes.
21. Amanzi Beach House 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 Amanzi Beach House shall exercise its rights in terms hereof with the least possible inconvenience to the Tenant.
22. Amanzi Beach House shall ensure that the Premises shall be serviced and cleaned and shall ensure that the garden and swimming pool are serviced and cleaned weekly. Any servicing and/or cleaning needing to be done on the Premises outside of the scope of the normal servicing and/or cleaning of the Premises will be for the Tenants account.
23. The Tenant undertakes to pay to Amanzi Beach House an amount equal to any claim made against Amanzi Beach House 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 Tenants control.
24. In terms of Section 45 of the Magistrates Court Act 1944, as amended, the Tenant consents to the jurisdiction of the Magistrates Court having jurisdiction of the 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 a foregoing Amanzi Beach House 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 Amanzi Beach House; or
25.3 repeatedly breach any of the terms of this agreement in such a manner as to Amanzi Beach House in holding that the Tenants 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 Amanzi Beach House shall without prejudice to its right to claim damages or to its right to eject the Tenant from the Premises or to any other claim of any nature whatever that Amanzi House 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 Amanzi Beach House in so doing from the Tenant. Should Amanzi Beach House institute action against the Tenant pursuant to a breach by the Tenant of this agreement, then without prejudice to any other rights which Amanzi Beach including attorney and own client charges, tracing fees and such collection commission as Amanzi Beach House 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. This agreement shall be binding upon all the parties who have executed it notwithstanding the failure of any person set forth herein as a party to do so.
30. No indulgence, leniency or extension of time which Amanzi Beach House may show to the Tenant shall in any way prejudice Amanzi Beach House from exercising any of its rights in the future.
31. Regarding domicilium citandi et executandi, notices and communications:
31.1 The parties choose as their domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the addresses as aforesaid.
31.2.1 Notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to be given by telefax or e-mail
31.2.2 Any party may by notice to any other party change the physical address chosen as his domicilium citandi et executandi vis-?-vis that party to another physical address where postal delivery occurs in South Africa or his postal address or his telefax number or e-mail address, provided that the change shall become effective vis-?-vis that addressee on the seventh business day from the receipt of the notice by the addressee.
31.3 Any notice to a party;
31.3.1 sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to him at an address chosen as his domicilium citandi et executandi to which post is delivered shall be deemed to have been received on the seventh business day after posting (unless the contrary is proved);
31.3.2 delivered by hand to a responsible person during ordinary business hours at the physical address chosen as his domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
31.3.3 sent by telefax to his chosen telefax number, shall be deemed to have been received on the date of despatch (unless the contrary is proved); or
31.3.4 sent by e-mail to its chosen e-mail address, shall be deemed to have been received on the date of despatch (unless the contrary is proved).
31.3.5 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a party shall be an adequate written notice or communication to him notwithstanding that it was not sent to or delivered at his chosen domicilium citandi et executandi.
A). Except where otherwise noted, the contents of this web site including the design, text, graphics and arrangement of the pages are our property and are our copyrighted material or that of the relevant content providers. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
B). In accessing Amanzi Beach House web pages, you agree that you may only download the content for your personal non-commercial use. Amanzi Beach House reserves the right to withdraw this authorisation at any time by notice on this web site.
C). You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these Amanzi beach House pages for any other purpose whatsoever without the prior written permission of Amanzi Beach House
D). You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
E). The names, images and logos identifying Amanzi beach House or third parties and their products and services are proprietary marks of Amanzi Beach House and/or third parties. Nothing contained herein shall be construed as conferring by implication, or otherwise any licence or right under any trade mark or patent or copyright.
Links to other Web Sites
F). WHILE USING THIS WEB SITE YOU MAY ACCESS THIRD PARTY WEB SITES THOUGH LINKS. SUCH THIRD PARTY WEB SITES ARE NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR THEIR CONTENTS. ANY LINKS PROVIDED ON THE WEB SITE ARE PROVIDED FOR YOUR INTEREST OR CONVENIENCE ONLY AND DO NOT REPRESENT OR IMPLY ANY ENDORSEMENT BY US OF SUCH LINKED SITE AND WE CANNOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY ARISE FROM USE OF SUCH THIRD PARTY WEB SITE OR CONTRACTS ENTERED INTO RESULTING FROM THE USE OF SUCH THIRD PARTY WEB SITES. YOU ACKNOWLEDGE THAT THE USE OF SUCH THIRD PARTY WEB SITES IS GOVERNED BY THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES.
Disclaimer Regarding Merchandise and Products
G). MERCHANDISE, PRODUCTS OR SERVICES MAY BE PROVIDED TO YOU BY THIRD PARTIES THROUGH THIS WEB SITE OR LINKS TO THIRD PARTY WEB SITES ON THIS WEB SITE. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, OR SPONSORS, LICENSORS OR THE LIKE, MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING ANY SUCH MERCHANDISE, PRODUCTS OR SERVICES NOR THE CONTENT OF ANY THIRD PARTY PROVIDER'S WEB SITE NOR THE ACCURACY OR COMPLETENESS OF ANY THIRD PARTY PROVIDER'S REPRESENTATIONS NOR THE LEGALITY, RELIABILITY, QUALITY OR SUITABILITY OF ANY THIRD PARTY PROVIDERS OR THEIR MERCHANDISE, PRODUCTS OR SERVICES.
H). YOUR TRANSACTIONS WITH ANY THIRD PARTY PROVIDER ARE SOLELY BETWEEN YOU AND THE THIRD PARTY PROVIDER AND ARE SUBJECT TO ANY TERMS AND CONDITIONS THAT MAY APPLY TO SUCH TRANSACTIONS. YOU AGREE TO PAY ALL CHARGES INCURRED BY YOU WITH ANY THIRD PARTY PROVIDER. YOU WILL ALSO BE RESPONSIBLE FOR PAYING ALL APPLICABLE TAXES (IF ANY) RELATING TO SUCH CHARGES.
I). Before entering into any transaction to acquire merchandise, products or services from any third party provider made available through this Web Site please see section above entitled "Links To Other Web Sites".
Exclusion of Liability
J). This site and the information, names, images, pictures, logos and icons regarding or relating to Amanzi beach House, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
K). In no event will Amanzi beach House be liable for any damages including, without limitation indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other delict action, arising out of or in connection with the use of the site. Amanzi Beach House does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
L). No warranty is given that this web site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
M). We accept no liability in respect of losses or damages arising out of changes made to the content of this web site by any third parties.
N). Access to and use of this web site is at your own risk and we do not warrant that use of this web site or any material downloaded from it will not cause damage to any property or data, including but not limited to loss of use of data or equipment, loss of data or computer virus infection.
O). Nothing in these terms and conditions shall attempt to exclude liability for death or personal injury arising from our negligence or breach of duty or for fraudulent misrepresentations.
Q). If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
R). These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the courts of South Africa.