General Agreement:
You, The Owner Of The Property, agree to the following sole marketing conditions:
- CapeHolidays.info is given a sole marketing to market your accommodation – this means that only CapeHolidays.info is responsible for your home’s availability calendar.
- The owner can reserve dates for personal use only after the owner has verified availability with CapeHolidays.info.
- The sole marketing is strictly according to your marketing rules that you give to us in writing: this may include daily rates for various season, the minimum stays for season agreed between owner and CapeHolidays.
- CapeHolidays.info ensures that the rates set are achievable to maximise income for the owner while protecting the interest of the owner.
- The owner agrees to an annual income goal with CapeHolidays, while CapeHolidays sets rates to try and achieve this goal.
- This sole marketing is valid for 12 months and will automatically renew if the owner or Capeholidays.info does not cancel the agreement.
- The sole marketing agreement can be cancelled by any of the parties giving 30-day advance notice. If cancelled, all confirmed (future) bookings will be honoured by the owner – without exception. Confirmed bookings can be any booking we have notified the owner of such a possibility – it may not yet be confirmed yet – and even if the money for that booking has not yet been paid to the owner.
- If the owner cancels a confirmed booking a penalty of $1000 will be paid, by the owner, to CapeHolidays.info and the owner kept liable for any additional losses occurred by the client who made the booking and any losses occurred by CapeHolidays.info. Excluding ‘Acts of God’.
- If the guest cancels a booking the money paid to the owner will be refunded to the guest within 48 hours. The cancellation policy is per the guest T&Cs.
- All bookings are confirmed when the owner receives an email titled “Owner Pre Booking”. The booking is confirmed until the guest has stayed or the Agency has sent the owner an email saying that the booking is cancelled.
- The owner ensures that the photos are professional and up to date. If material difference are made to the interior and the view (construction in the area for example) new photos must immediately be sent to us. The description reflects a true version of the accommodation. And that the property is in a livable state as expected by the reasonable man looking to stay in luxury accommodation. Any changes must be communicated to CapeHolidays.info immediately.
- In case of any injunction, forfeiting or any similar order of loss or potential loss of the property the owner will immediately inform Cape Holidays. Any owner who does not inform CapeHolidays immediately after learning of such order will be liable for all cost and fined at least $1000. This money can be kept from future or outstanding payments.
- The owner also needs to inform CapeHolidays.info of any construction at the property or in the area so we can inform guests.
- The owner will make sure that all insurance, third-party liability are in place and liability cover is kept to cover any losses or injuries to anyone visiting the property due to this agreement. This must be clarified with the owner’s insurance broker. The broker must know that you intent to rent your home for short terms.
- Owners are responsible for any accidents or losses at their home due to poor maintenance and/or negligence by you, your appointed staff, your family and friends with access to the property. In case of incidental-breakages or incident causing loss due to cleaning and management the owner (insurance) will cover these.
- The owner is familiar with the CapeHolidays.info Terms and conditions and indemnity agreement with clients staying at your property.
- The owner specifies a breakage deposit to be paid by the clients staying at the property.
- CapeHolidays.info shares your home with international live reservation sites to maximise income.
- CapeHolidays.info ensures all payments are made as per the client T&Cs relevant to the booking site, and paid to the owner within 5 working days after the money clears in CapeHolidays.info’s account. As mentioned above; payment is not confirmation.
- This agreement is a marketing agreement only. And ensures the client has paid and that the client get’s access to the property as described by the photos and description of the owner.
- Management costs are at retail rates when you stay at the home or any of your friends.
- CapeHolidays.info markets to get the owner paying clients: collecting 50% dep to secure the booking; collecting the final payment 4 weeks before arrival (some international booking sites may differ); collecting and keeping the breakage deposit; getting clients to sign agreement with the t&c’s and indemnity; to qualify the guests as best as possible given your rules; communicating the arrival information.
- If no management agreement is in place between the owner and CapeHolidays.info then the owner is fully responsible to ensure the guests are looked after: meeting, breakage deposit receiving and issues on departure, and liaison while guests stay at the owner’s accommodation.
- The owner agrees to accept all bookings: The owner gives all rules to CapeHolidays,Info on how to independently confirm every booking; guest profile, number of guests, minimum stays, and minimum rate expected.
- Guarantee Remarkability: The purpose is to critically review the home and report back to the owner on how to improve and therefore get more 5 star reviews. CapeHolidays will have access to the home to practically experience it as a guest would. This will be once a year, if needed at a maximum of 4 nights during low season or at short notice if available and at no cost to the owner. CapeHolidays will carry all management costs regarding cleaning and linen. (Read more here).
- CapeHolidays may place a sign, the approximate size of a car number plate, on an appropriate place outside the home to direct interest to CapeHolidays and give passing by (concerned) neigbours a way to get in contact with CapeHolidays if the need should arise.
- The owner will provide a fully functional home free of known defects or dangers that could affect the happiness or safety of guests; their friends or family.
- The owner ensures to have available for guests; at least one or two days supply of olive oil, salt, pepper, coffee, tea, milk, sugar, two rolls of toilet paper per toilet, 2 bath towels per guest, one beach towel per guest and at least one hairdryer.
- Peak Only Owners will ensure all checks on this checklist are in place. Before final payment, the owner will again declare the home is 100% ready for guests and will be 100% when guests arrive. If guests arrive and have valid complaints the owner agrees to refund the guest as the agency.capeholidays.info deems necessary the time.
- Peak Only Owners Will ensure the home is thoroughly cleaned, dusted, garden trimmed and pool cleaned one day before guests arrive.
- House manual: You will ensure you have a comprehensive home manual (you can request a pro-forma copy from us). This includes how to operate the following and other: WiFi, DSTV, pool pump, geyser, dvd player. Top up electricity etc is your responsibility. You need to prepare a comprehensive list on how things work and who to contact if should there be a problem. The better you do this the less hassles there will be.
- You or your appointed manager will liaise directly with the guests.
- You agree to treat everyone staying at my home — regardless of their race, religion, national origin, ethnicity, disability, sex, gender identity, sexual orientation, or age—with respect, and without judgment or bias.
(B) Management Agreement Agreement
This agreement is between the owner of the property and CapeHolidays (the management agency).
The owner is the legal entity of The Property.
- The Property is as described by the owner in the Wowness Application or similar.
(B.O) Owner Responsibilities:
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- At all times the owner will ensure that all running accounts for The Property are paid in advance. If these are not paid the Management Agency can use surplus funds to pay these accounts. If there are no funds the owner must ensure payment is made within in 12 hours.
- Running account surplus: At all stages The Management Company will keep a surplus of R7000 to cover any costs related to The Property.
- Any other payments for the Property will be the responsibility of the owner.
- Any issue that may materially affect The Property, the guests wellbeing, and their ability to stay at The Property must be communicated to the Management Agency as soon as the issue becomes apparent.
- The owner will maintain The Property at all times to ensure guests continue giving high scoring reviews. Any reasonable feature suggestion by a guest or the Management Agency to improve The Property shall be considered by the owner and implemented if agreed as necessary.
- The owner will ensure that all stipulations in the general terms and conditions are adhered to.
- The owner will provide the Management agency with a set of rules applicable to The Property.
- The owner will give guidelines to the Management Agency regarding marketing.
- All bookings, which are confirmed by the Management Agency, according to the rule set, must be accepted by the owner and honoured by the owner as per the guest T&Cs (these includes but are not limited to an every seven day linen clean and electricity to at least R150 per day). If the owner decides to decline a confirmed booking for any reason other than an Act Of God, the owner will be responsible for all relocation costs of the guests. This includes costs finding another property, commissions and fines by the booking company (Airbnb, Booking.com and other) and a booking a penalty of $1000.
- Payment is taken within 24 hours of confirmation but may be delayed by booking company (Airbnb, Booking.com and other).
- Previous bookings confirmed (before this agreement) then admin fee would be 5% of the booking fee plus normal management fees (meet, liaison, linen etc).
- Non paying guest (friends and family) that the owner books will be done at an admin fee of 10% at the rate we market the property at at the time of the booking. Not applicable to the owner stays.
- All repeat guests who stayed before this agreement and who want book again (not the same as those who have booked before this agreement) after this agreement will be at the standard commission and at the then prevailing management fee.
- Marketing takes places via Airbnb, Booking.com, Agency.CapeHolida
ys.info and various other elite Cape Town agencies. These are free to list. Other websites may be considered and if there is a listing fee, and the owner agrees, then the owner will be responsible for the listing fee. - Add a keylock with restricted access code for guest to enter if they arrive night time. They keylock is also used on checkout. In most cases the clean is scheduled on departure but in situations where this is not possible the guest is briefed on how to secure the home and how to secure they key in the key lock.
(B.A) Agency Responsibilities:
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- The Management Agency is responsible for the integrity of The Property and will ensure it is always maintained or improved on. This is measured in the number of high scoring reviews.
- The Management Agency undertakes that all guests are met and liaised with in the most professional way before and during their stay. At all times guests’ expectations will be managed and all issues will be addressed.
- All staff or services will be the responsibility of the Management Agency.
- The Management Agency is responsible for quality control of all services or functions.
- Apart from meeting of guests, the Management Agency is responsible for all liaison with the guests.
- The Management Agency provides a full cleaning service to ensure high levels of return guests and 5 out 5 star reviews.
- The management fees are based on a per incident basis. The incidents include call outs, meeting guests, overseeing cleaning (quality control) and any other issue that warrants a call out to the property. The fee is set between the owner and the Management Agency.
- Cleaning costs: Includes (7) for manager cleaning overseeing, the domestic cleaning team costs and linen cleaning costs. The linen cleaning costs depends on the laundry.
- All guests to agree to the guest T&Cs.
- The Management Agency ensures that all money (rates, breakage deposits and fees) are collected as per the guest T&Cs and paid to the owner within 3 working days of receiving it in the account of the Management Agency.
- Payment timing of rental income depends the originator booking site’s rules. In general; from CapeHolidays or affiliated websites payment is 50% when booking is made, and 50% sixty days before arrival. If booking occurs within sixty days of arrival 100% is payable when booked. Airbnb: most bookings are paid 60 days before arrival and delayed if the stay is for more than a month. Booking.com payment occurs when booked but can be negotiated to be the same as a booking from CapeHolidays.
- All claims against the breakage deposit must be reasonable and claimed with in 7 days. Airbnb allows 14 days. The agency undertakes to ensure all these rules are adhered (refer Agency Responsibility (1)).
- Everything said above is based on what is reasonable. If any of the points stipulated are not reasonable at the time then changes can be made and will be made in the best interest of the owner, the guest and the Agency.CapeHolidays.info.