General Terms and Conditions
1. Landlord and Renter
The Landlord of the accommodation is Dr. Jan Grasshoff, domiciled at Prenzlauer Allee 15, 10405 Berlin, Germany hereafter referred to as "the Landlord".
The Renter of the accommodation is the person whose name is indicated in the reservation confirmation, hereafter referred to as "the Renter".
The Landlord and the Renter agree to the following general terms and conditions. These general terms and conditions together with the specific conditions defined in the reservation confirmation, form the short-term holiday rental agreement.
2. Accommodation
The Landlord is renting one of the following accommodation options to the Renter, hereafter referred to as "the accommodation":
- Panoramic Penthouse, 243 High Level Road, Sea Point, Cape Town, 8005, South Africa
- Skydeck Penthouse, 10 Quendon Road, Sea Point, Cape Town, 8060, South Africa
- Rooftop Townhouse, 67A Loader Street, De Waterkant, Cape Town, 8005, South Africa
A detailed description of the accommodation and its facilities, is provided on this website.
3. Lease
The Landlord and the Renter acknowledge that this rental agreement is not a lease for ordinary residential purposes (neither primary nor secondary residence) or for commercial or professional use. It is furnished holiday accommodation and is to be used for that purpose only.
The Landlord and the Renter agree that their obligations and rights are defined by these general terms and conditions and, if any specific topic is not included here, by the South African legislation concerning the lease of temporary holiday accommodation.
4. Period of agreement, arrival and departure
The period of the rental agreement is defined in the reservation confirmation. It begins with the arrival of the Renter on the first day of the lease and automatically ends with the departure of the Renter on the last day of the lease.
The rental agreement automatically ends on the last day of the lease with no notice being required. The rental agreement cannot be extended without the written approval of the Landlord. The Renter explicitly commits to vacating the accommodation on the last day of the lease.
Unless agreed by prior arrangement, check-in is from 14:00 onwards on the first day of the lease. If the Renter’s arrival is delayed, the Landlord may postpone the check-in to the next day at 10:00. Should this happen, the Renter cannot claim any compensation or reimbursement from the Landlord.
Check-out is before 10:00 on the last day of the lease. If the Renter chooses to depart earlier than the last day, no reimbursement will be made by the Landlord.
5. Rental and additional charges
The rental payable is indicated in the reservation confirmation. It is quoted for the entire lease and the maximum number of guests confirmed.
The rental is inclusive of daily cleaning (except Sundays and public holidays), linen, towels, electricity, water, heating, internet access, and cleaning on departure.
6. Reservation and deposit
The booking of the accommodation commits the Renter to an immediate deposit of 25% of the total rental. Only on receipt of this can the Landlord confirm the reservation.
7. Payment of balance
The balance of the rental (total rental less deposit) is due no later than 8 weeks prior to the first day of the lease. The Landlord will confirm receipt of this payment.
8. Refundable deposit
The Landlord may ask for a refundable deposit which serves as security in case of any damage to the accommodation, furniture or equipment by the Renter or in the case of lost keys or other items.
9. Cancellation
Up to 8 weeks prior to the arrival date, the booking can be cancelled with no additional costs. Between 8 and 4 weeks, prior to the arrival date, 50% of the rental fee is payable on cancellation. If the booking is cancelled less than 4 weeks prior to arrival, no refunds will be given.
10. Transfer of rental agreement and subleasing
The rental agreement is concluded between the Landlord and the Renter as indicated in the reservation confirmation. Any transfer of the rental agreement, any form of sublease or any gratuitous cession of the accommodation to another person is strictly prohibited.
11. Condition of accommodation and inventory
Before and after the lease, the condition of the accommodation will be checked and an inventory conducted. If these are done in the absence of the Renter, the Renter has 48 hours to refute the findings. If the Renter does not do so, both are deemed to be accepted.
12. Occupancy (maximum number of people allowed)
The accommodation may not be used by more people than indicated in the reservation confirmation. In the case of the Renter disregarding this condition, the Landlord can either refuse access to the accommodation or claim an additional pro rata rental for the additional people for the entire duration of the lease, regardless of the duration of their stay.
13. Obligations of the Renter
The Renter shall maintain the accommodation and its inventory in a good condition and shall use it in a careful and lawful manner. The Renter is aware that he is permitted to make use of the accommodation for holiday purposes only. This is a contractual condition of the lease. Any commercial or professional use of the accommodation is prohibited. Any kind of event, including celebrations for weddings, birthdays, etc. are not permitted.
The Renter must ensure that neither he nor the other people in the accommodation, cause any disturbance in the neighbourhood.
The Renter may not change the decoration of the accommodation nor move any large pieces of furniture. All furniture and equipment may be put only to its intended use. Indoor furniture may not be used outside at any time.
The Renter agrees to respect the accommodation non-smoking policy. This also applies to cannabis consumption. Any contraventions will incur a fine of 250 €.
The Renter must ensure that all doors and windows are closed and locked when away from the accommodation.
Pets are not allowed in the accommodation.
The Landlord, or a person designated by him, has the right to visit the accommodation during the stay of the Renter. The Renter shall allow the pool caretaker and housekeeping service to access the accommodation to fulfill their duties.
The Renter may not try to alter the pool settings, the automatic irrigation system or any other technical equipment.
The Renter must allow any urgent repairs and maintenance work to be carried out during his stay.
Cleaning on departure is included in the rental. However, this does not relieve the Renter from his obligation to leave the accommodation in a satisfactory condition. If the accommodation is left in an unacceptable condition, the Landlord can bill the additional cleaning undertaken to the Renter.
The Renter is liable for all damage caused by him or anyone present in the accommodation, unless he can prove that neither he, nor anyone present, were responsible for the damage. Any damage done during the stay must be reported.
The Renter may not claim any compensation from the Landlord if any theft or damage occurs in the accommodation during his stay.
14. Obligations of the Landlord
The Landlord has to ensure the accommodation is in a good and ready condition to rent to the Renter. This includes the functioning of all technical equipment.
The Landlord undertakes to do no repairs in the accommodation unless they are essential.
15. Insurance
The Landlord strongly recommends that the Renter takes out an insurance policy from a reliable institution to cover any damage for which he could be held responsible (fire, water, etc.).
16. Private plunge pool and communal pool
The accommodation has a private plunge pool which is not heated. The Renter is aware that the use of the pool is at his own risk. The Renter undertakes to monitor minors when they are in or near the pool as drowning remains a real risk for children as children can drown very quickly. The Renter undertakes to do everything possible to avoid any sort of pool accident.
If the accommodation has an additional communal pool, the use of this is at own risk and subject to the buildings' house rules.
17. Unexpected incidents and force majeure
Any problems due to unexpected incidents or force majeure (lightning strike, breakdown of the pool systems, permanent loss of internet connection, etc.), should be reported to the Landlord or his designated representative, who will endeavour to solve the problem as soon as possible.
18. Electricity and water pressure
South Africa experiences regular power outages - normally for a couple of hours at a time (known as load-shedding). In addition, at times, the water supply may be restricted or the pressure very weak. Both are normal occurrences and therefore do not constitute a defect. As a result, they do not qualify for a reduction in the rental.
19. Parking
If the accommodation has a reserved parking space in a private garage, the use of this is at the Renter's own risk. The Landlord is not responsible for any damage to vehicles parked there. Should a parking space be occupied by another vehicle, the on-site security personnel has to be informed. A reduction in the rental is not given if a parking space is used by a non authorised person.
20. Place of jurisdiction
The place of jurisdiction is the court under which the location of the Premises falls. The South African law applies.