South Beach (T/A The Beta Trust) Terms and Conditions (27 March 2018)

1. BOOKINGS

  • Rooms are subject to availability and South Beach reserves the right to refuse any booking for good reason.

2. PAYMENT TERMS AND CONDITIONS

  • Full Payment is required 30 days prior to the arrival date.
  • Bookings made 30 days or less prior to the arrival date require full payment to confirm the booking.
  • Should payment not be received timeously as per the above, South Beach reserves the right to cancel the booking without further notice.
  • Payment for extras is required on departure.
  • Residents are required to present on arrival the same valid credit card used in making the booking as well as a form of photographic identification.
  • South Beach reserves the right to use the guest credit card details to deduct from their account any unpaid outstanding balances i.e. late room charges or damage charges.
  • All prices referred to herein and/or quoted are in South African Rands and are inclusive of all taxes.

3. METHOD OF PAYMENT

  • Payment can be made either by:

(i) bank transfer to the bank account detailed on the Booking Form (confirmation of payment should be emailed to our office) or

(ii) credit card by completing the Credit Card Authorization Form.

4. CANCELLATION TERMS AND CONDITIONS

  • 0 – 30 days prior to check-in date: 100% of the already paid confirmed booking will be charged and is not refundable 
  • Cancellations are valid only if accepted and in writing by South Beach.
  • In the event of departure prior to the confirmed departure date, there will be no refund.

5. CHECK-IN AND CHECK-OUT TIMES

  • Check-in: from 2.00 p.m. on day of arrival.
  • Check-out: by no later than 11.00 am on day of departure.
  • Unless approved by prior arrangement requested by guest and approved by Management, a late checkout may result in additional charges.

6. CHANGES AND CANCELLATION BY SOUTH BEACH

  • In the exceptional circumstance where South Beach can no longer provide you with the property booked or the same Rental Period (for reasons other than Force Majeure), you will have the following choices:

(i) Accept an alternative property that South Beach is able to offer to your for the same rental period.

(ii) Accept the change in the rental period proposed by South Beach.

  • South Beach will consider refunding the sums paid if it has not been able to provide you with one of the options above to your satisfaction.
  • South Beach shall not be liable for any cancellation charges for travel arrangements or any further claims by you or anyone else in your party.

7. MAXIMUM NUMBER OF GUESTS

  • The number of occupants may not exceed the number as stated on the booking confirmation

8. CHILDREN

  • No children under the age of 13 permitted.

9. RESIDENT RESPONSIBILITY AND DISTURBANCE

  • The Resident’s signature on the registration form will be the responsible person.
  • If in the opinion of South Beach, 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 may be asked to leave the property.
  • In this event, no refund will be payable and the responsible person shall be fully liable for any expense incurred.
  • Residents shall comply with all reasonable rules and procedures in effect at the South Beach, including but not limited to health and safety and security procedures and statutory requirements as to registration.

10. PET POLICY

  • Residents are allowed Registered Guide or Assistance Dogs only. No other pets are permitted without written permission from South Beach Management.

11. ROOM SAFE

  • Please note that all rooms are fitted with electronic safes.
  • It is the Resident’s responsibility to ensure all valuables are safely locked away at all times.

12. LOSSES

  • Residents must report any loss and/or damage to their property immediately on discovery to South Beach Management and shall make themselves available to assist with any reports made to the police, if so required.
  • Property that is left behind on departure will be kept for a period of three months. Unclaimed property will be donated to a charity of South Beach choice.
  • The Resident will be responsible for any costs incurred in the return of any items.

13. INSURANCE

  • All residents 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 South Beach’s insurance.
  • It is the responsibility of the persons named on the booking form and those accompanying them to fully insure their personal items.
  • It is recommended that all residents take out medical and cancellation insurance.

14. LIABILITY

  • South Beach 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 (e.g. 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.

15. COMPLAINTS AND PROBLEMS

  • The Resident shall notify South Beach Management within 48 hours on arrival of any defects in the Premises and shall, if the Resident has not notified as aforesaid, be deemed to have acknowledged that the Premises were received in good order and condition.
  • South Beach 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 the sudden malfunction any appliances although we will do our best to resolve any problems as soon as possible.

16. CLEANING SERVICE

  • Rooms are serviced daily
  • Servicing does not extend to personal laundry.

17. SWIMMING POOL

  • The pool is used entirely at your own risk.
  • Please note that there is no lifeguard is on duty
  • Use of the pool is restricted to in-house residents only, no guests are allowed

18. GYM

  • Gym facilities are for the use of South Beach residents only.
  • Residents making use of its facilities are responsible for ensuring they are properly equipped and that their state of health and physical condition are such as not to involve any risk to themselves or to any other person making use of gym.
  • South Beach does not accept liability for any accident, injury or misadventure.
  • Children under the age of 16 must be accompanied by an adult
  • Residents are responsible for making their own insurance arrangements in respect of any injuries suffered by them, or caused by them to any third party.

19. SMOKING

  • Smoking is not permitted, with the exception of outdoor areas.
  • Failure to comply with this will result in the clients being charged for any additional room cleaning services at a cost of R2000.

20. CONDITIONS OF OCCUPANCY

  • The Premises shall be kept in a clean, tidy and sanitary condition.
  • The Resident shall not cede any of its rights or delegate any of its obligations under this agreement.
  • The Resident shall not sub-let, permit anyone else to occupy, or part with possession of the Premises or part thereof.
  • South Beach shall at any time have reasonable access to the Premises for the purposes of inspection or for showing prospective tenants or purchasers the Premises or for any other reasonable purpose provided that South Beach shall exercise its rights in terms hereof with the least possible inconvenience to the Resident.
  • The Resident undertakes to pay to South Beach an amount equal to any claim made against South Beach 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 Resident’s control.
  • In terms of Section 45 of the Magistrate’s Court Act 1944, as amended, the Resident consents to the jurisdiction of the Magistrate’s Court Cape Town having jurisdiction of the Resident’s person in respect of any action or proceedings which may be instituted against the Resident in terms of or arising out of this agreement, notwithstanding the amount of the relevant claim.  Notwithstanding the foregoing, South Beach will be entitled, in its discretion, to institute any action or proceeding against the Resident in terms of or arising out of this agreement and any High Court which has jurisdiction.
    Should the Resident:
  • Failure 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 South Beach; or
  • repeatedly breach any of the terms of this agreement in such a manner to justify South Beach in holding that the Resident’s conduct is in inconsistent with the intention or ability of the Resident to carry out the terms of this agreement,
  • Then and in any such events South Beach shall without prejudice to its right to damages or to its right to effect the Resident from the Premises or to any other claim of any nature whatever that South Beach may have against the Resident as a result thereof:
  • Be entitled to cancel this agreement, or
  • to remedy such breach and immediately recover the total cost incurred by South Beach in so doing from the Resident.
  • Should South Beach institute action against the Resident pursuant to a breach by the Resident of this agreement, then without prejudice to any other rights which South Beach may have, South Beach shall be entitled to recover all legal costs incurred by it including attorney and own client charges, tracing fees and such collection commission as South Beach is obliged to pay to its attorneys, from the Resident.
  • 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 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 South Beach may show to the Resident, shall in any way prejudice South Beach or preclude South Beach from exercising any of its rights in the future.