1. It is recorded and agreed that:
1.1 the duration of the Tenants occupation of the Premises shall be as stated above, 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 above.
2. It is agreed that in order to confirm the provisional reservation the Tenant must ensure that Awali Lodge receives the Deposit referred to above, in a form acceptable to Awali Lodge, together with a duly completed and signed copy of this agreement.
3. The balance of the total amount owing in respect of the reservation shall be settled in a form acceptable to Awali Lodge on the arrival of the Tenant.
4. In the event of cancellation of the confirmed reservation less than 21, 14 and 7 days prior to the agreed date of arrival, Awali Lodge reserves the right to retain 50%, 75% and 90% of the full amount of the deposit respectively to the aformentioned days.
5. In the event of a No-Show of Tenants for a confirmed reservation, Awali Lodge reserves the right to retain and/or claim the full amount of the rental cost.
6. 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 deposit shall be paid by the Tenant on the date of full payment and shall be retained by Awali Lodge until up to a maximum of 20 days after the expiration or earlier cancellation of this agreement whereupon Awali Lodge 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 and Awali Lodge 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 Awali Lodge within 24 hours after the date of arrival of any defects in the Premises and shall, if the Tenant has not notified Awali Lodge 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 endeavours 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 neighbours.
17. The Tenant shall not have any claims of any nature against Awali Lodge 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 Awali Lodge 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 Awali Lodge control or arising from any other cause whatsoever. The Tenant uses the Premises entirely at his own risk.
18. Smoking is prohibited in the in all suites and conference areas.
19. The Tenant shall not be entitled to keep or to bring onto the Premises any pets without the prior written consent of Awali Lodge.
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 Awali Lodge and shall, upon departure, forthwith deliver all keys (including remote controls) to Awali Lodge or its appointed agent.
21. Awali Lodge 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 Awali Lodge shall exercise its rights in terms hereof with the least possible inconvenience to the Tenant.
22. Awali Lodge shall ensure that the Premises shall be serviced and cleaned at least once a week and shall ensure that the garden is serviced and cleaned weekly. Any servicing and/or cleaning needing to be done in the Suites outside of the scope of the normal servicing and/or cleaning of the Suites will be for the Tenants account.
23. The Tenant undertakes to pay to Awali Lodge an amount equal to any claim made against Awali Lodge 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 aforegoing, Awali Lodge 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 by Awali Lodge; or
25.3 repeatedly breach any of the terms of this agreement in such a manner as to justify Awali Lodge in holding that the Tenants conduct as inconsistent with the intention or ability of the Tenant to carry out the terms of this agreement, then and in any of such events Awali Lodge 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 Awali Lodge 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 Awali Lodge in so doing from the Tenant. Should Awali Lodge institute action against the Tenant pursuant to a breach by the Tenant of this agreement, then without prejudice to any other rights which Awali Lodge may have, Awali Lodge shall be entitled to recover all legal costs incurred by it including attorney and own client charges, tracing fees and such collection commission as Awali Lodge 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 Awali Lodge may show to the Tenant shall in any way prejudice Awali Lodge or preclude Awali Lodge 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-à-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-à-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.