Terms and Conditions

1. PAYMENT TERMS AND CONDITIONS
In order to confirm a booking, Cape Arcadia requires a 50% non-refundable deposit.
Full balance is required 45 days prior to arrival date.
If the payment is not received on time, the booking will automatically be released.
If the booking is made 45 days or less prior to arrival date, full payment is required to
confirm the booking. 

2. METHOD OF PAYMENT
Payment can be made either by:
(i) bank transfer to the bank account detailed on the Booking Form (payment confirmation should be emailed or faxed to our office) or
(ii) Contact Cape Arcadia for the credit card authorisation form
Please note that a 4% surcharge will apply to credit card payments.
All prices referred to herein and/or quoted are in South African Rands and inclusive of value added tax.
If you intend paying the deposit and balance by credit card we suggest you complete the instructions on the attached credit card authorization form when making your booking so we are able to debit your credit card on the due date. We will email you confirmation that this has been done.

3. CANCELLATION TERMS AND CONDITIONS:
90 days or more prior to check-in date: Full deposit will be forfeited

31- 90 days prior to check-in date: 50% refund on the full amount

0 – 30 days prior to check-in date: Full payment will be forfeited

Should payment not be received timeously, Cape Arcadia reserves the right to automatically
cancel such reserved accommodation.

Cancellations are valid only if advised and accepted in writing by facsimile or e-mail. In the
event of an early departure by the tenant, Cape Arcadia reserves the right to charge for the full original booking.

4. CHANGES AND CANCELLATION BY CAPE ARCADIA
In the exceptional circumstance where Cape Arcadia can no longer provide you with the property booked or the same Rental Period, you will have the following choices: (i) Accept an alternative property that Cape Arcadia is able to offer to you for the same rental period (ii) Accept the change in the rental period proposed by Cape Arcadia. Cape Arcadia will consider refunding the sums paid if it has not been able to provide you with one of the options above to your satisfaction. Cape Arcadia shall not be liable for any cancellation charges for travel arrangements or any further claims by you or anyone else in your party.

5. SECURITY DEPOSIT
You will be notified of the separate security deposit, which will be in addition to the rental.
(10% of the total booking) This must be paid on arrival. The security deposit will be held against the cost of any loss, damage or breakages to the property or its contents, as well as any telephone/ internet charges. You shall be liable for any deterioration or damages caused to the furniture/utilities contained in the property as well as costs related to the loss of remote controls and access discs provided to you on the first day of the rental period. Any charges to be deducted from the security deposit will be notified to you within 10 days of the end of the rental period and these charges will be deducted from your security deposit or if necessary, from your credit card.

6. CHECK-IN AND CHECK-OUT TIME
Check in time is at 2pm on the day of arrival and check out time at 10am on the day of departure. We will try to accommodate reasonable requests for an early check-in or late departure but this cannot be guaranteed without payment of an additional fee to secure the property.

7. MAXIMUM NUMBER OF GUESTS
Only those persons named in the contract may use the property and under no circumstances may the total number of people sleeping at the property exceed the maximum number in the contract.

8. TENANT RESPONSIBLITY
The person signing the Booking Form is responsible for the behaviour of everyone using the rental property during the rental period.
If in the opinion of Cape Arcadia, the owner, or any other person in authority, you or a member of your group behaves in a manner which causes or is likely to cause a danger, excessive disturbance (i.e. to neighbours), or damage to the property, your agreement may be terminated immediately and you shall be asked to leave the property.

In this event you shall not receive any refund and you shall be fully liable for any expense incurred as a result of your behaviour or the behaviour of the persons in your group.

9. NOISE/NEIGHBOR DISTURBANCE
It is not considered acceptable to make excessive noise including playing loud music and such behaviour will not be tolerated as the properties are in a quiet residential area . Whilst we want you to enjoy our facilities the management of Cape Arcadia cannot accept responsibility for any legal or police action that may occur due to after hour’s noise disturbance.

10. SAFES AND ALARMS
Please note that the property has two safes. Please ensure that all your valuables are safely locked away at all times. It is the responsibility of the persons named on the booking form and those accompanying them to fully insure their personal items and also to keep the property properly secured by setting the alarms and securing all doors and windows when going out. The tenant shall not be entitled to make any duplicates of any access tags in respect of the property and shall upon departure deliver all access tags and remote controls to Cape Arcadia. By any loss or damage, the tenants are held responsible to cover the costs.

11. 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, photographic equipment etc cannot be claimed against Cape Arcadia’s insurance.
We advise all clients to take out cancellation insurance.

12. LIABILITY
Cape Arcadia will not be liable towards you, the occupants or your guests for:
(i) Events that are not directly caused by their gross negligence
(ii) Losses incurred due to your negligence or that of one of the occupants or your guests (eg. Not keeping valuables in the safe, not activating the alarm when away)
(iii) Accidents or injuries caused by you or one of your guest’s negligence or lack of caution.

13. COMPLAINTS AND PROBLEMS
The tenant shall notify Cape Arcadia within 48 hours after arrival of any defects in the property and shall, if the tenant has not notified Cape Arcadia as aforesaid, be deemed to have acknowledged that the property were received in good order and condition.

Cape Arcadia is not responsible for issues out of our control such as the failure of the water supply, gas, electricity, telephone or internet services, pool filtration or heating systems or any appliances although we will do our best to resolve any problems as soon as possible.

14. CLEANING SERVICE
The property will be cleaned Monday to Friday inclusive. There will be no service on Christmas day and New Years day. If a cleaning service is required in the weekends this is available upon request. The costs for the cleaning service in the weekends have to be paid by the tenants. The cleaning service does not extend to your personal laundry.

15. SWIMMING POOL
The swimming pool of Cape Arcadia is to be used entirely at your own risk.
Whilst we endeavour to keep it as clean as possible during your stay this is not always possible on weekends and holidays and during occasional periods of extreme weather conditions.

16. INTERNET
The property has Wifi availability.
The internet speed is generally slower than in Europe and the US but we will do our best to assist with any technical problems. A certain amount of gigs will be provided by Cape Arcadia. If there are more gigs required this will be charged.

17. CONDITIONS OF OCCUPANCY
The property shall be kept in a clean, tidy and sanitary condition.
The tenant shall not cede any of its rights or delegate any of its obligations under this agreement.
The tenant shall not sub-let, permit anyone else to occupy, or part with possession of the property or part thereof.
Cape Arcadia’s staff shall at any time have reasonable access to the property for the purposes of inspection or for showing prospective tenants or purchasers the property or for any other reasonable purpose provided that Cape Arcadia shall exercise its rights in terms hereof with the least possible inconvenience to the tenant.
The tenant undertakes to pay to Cape Arcadia an amount equal to any claim made against Cape Arcadia by anyone for any loss, damage or injury suffered in or on the property in consequence of any act or omission by the tenant or any persons under the tenant’s control.

In terms of Section 45 of the Magistrate’s Court Act 1944, as amended, the tenant consents to the jurisdiction of the Magistrate’s Court having jurisdiction of the tenant’s person 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 aforegoing, Cape Arcadia will be entitled, in its discretion, to institute any action or proceeding against the tenant in terms of or arising out of this agreement and any High Court which has jurisdiction.
Should the tenant:
Fail to pay any amount due in terms of this agreement on due date; or
Commit or allow the commission of any other breach of this agreement and fail to remedy that breach within a period 7 (seven) days after the receipt of notice to that effect by Cape Arcadia or
: repeatedly breach any of the terms of this agreement in such a manner to justify Cape Arcadia in holding that the tenant’s conduct is in inconsistent with the intention or ability of the tenant to carry out the terms of this agreement,
Then and in any such events Cape Arcadia shall without prejudice to its right to damages or to its right to effect the tenant from the property or to any other claim of any nature whatever that Cape Arcadia may have against the tenant as a result thereof:
Be entitled to cancel this agreement, or to remedy such breach and immediately recover the total cost incurred by Cape Arcadia in so doing from the tenant.
Should Cape Arcadia institute action against the tenant pursuant to a breach by the tenant of this agreement, then without prejudice to any other rights which Cape Arcadia may have, Cape Arcadia shall be entitled to recover all legal costs incurred by it including attorney and own client charges, tracing fees and such collection commission as Cape Arcadia is obliged to pay to its attorneys, from the Tenant.
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.
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.
This agreement cancels and supersedes the terms and conditions of all prior negotiations and agreements between the parties.

This terms and conditions include liability (not liable for) accidents or injuries caused by you or one of your guests during day tours of trips organized by companies working with Cape Arcadia.

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. No indulgence, leniency or extension of time which Cape Arcadia may show to the tenant, shall in any way prejudice Cape Arcadia or preclude Cape Arcadia from exercising any of its rights in the future.