FULL MANAGEMENT
OWNERS MANDATE TERMS & CONDITIONS
​
1. APPOINTMENT
1.1. The Owner hereby appoints Luxury Coastal Escapes (LCE) as its agent to manage the house/property and house staff on the terms and conditions below.
1.2. LCE accepts the appointment on the terms and conditions below.
2. THE OWNER EXPRESSLY AUTHORISES LCE TO
2.1 photograph, advertise, promote and market the house/property for short-term holiday rentals and or specific events (if applicable) throughout the year;
2.2 screen guests enquiries as best possible and secure bookings from guests;
2.3 enter short-term rental agreements on behalf of the Owner with guests;
2.4 to enter onto the Property at all reasonable times for the purposes of fulfilling its obligations under this agreement.
3. THE OWNER WARRANTS AND REPRESENTS TO LCE THAT
3.1 the Owner has the authority to enter into this agreement;
3.2 there are no restrictions on rental of the Property for holiday purposes; and
3.3 the consent of any third party is not required alternatively if the consent of any third party is required the Owner has obtained such consent.
4. DURATION
4.1. This agreement shall commence from the date of signature unless otherwise specified to commence on a different date and shall continue in force until terminated in accordance with Clause 13 below
5. RENTAL AVAILABILITY
5.1. Unless otherwise agreed in writing, the Owner shall allow Luxury Coastal Escapes to manage the booking calendar and availability for the house/property. All bookings are to go through LCE to ensure that the availability calendar is up to date at all times. If the Owner requires dates to be blocked off for their own use, they need to make the LCE Bookings Team aware, so that these dates can be blocked off, to avoid double bookings.
6. LCE OBLIGATIONS for bookings and guest stays
6.1. LCE will perform the following duties:
6.1.1. have the Property professionally photographed;
6.1.2. advertise, promote and market the Property for short terms holiday lets on the LCE website and other forms of marketing deemed necessary, including but not limited to, Instagram, Facebook and Airbnb etc;
6.1.3. arrange bookings with Guests; as a Full Management Property LCE can accept bookings on your behalf if required. Please note that the quicker we respond to an enquiry the higher the success rate with getting it confirmed. We ask that Owners respond within 2 hours during working hours (Monday to Friday).
6.1.4. receive payments;
6.1.5. ensure that all Guests acknowledge and sign Estate security documentation (if needed) prior to arrival, as well as LCE Guest Terms and Conditions and Indemnity Forms.
6.1.6. ensure Guests are processed with Estate security prior to their arrival day (if necessary);
6.1.7. ensure the Property is ready for Guest arrival and ensure they have checked in safely to the Property on the day of arrival.
6.1.8. LCE will manage Guests during their stay and attend to any maintenance issues/complaints and queries;
6.1.9. LCE will pay for emergency repairs/maintenance/ call-out fees up to the value of R3000 on the Owner’s behalf without their consent unless other payment arrangements have been made with the repairman. The amount will then be billed to the owner by LCE. If costs exceed R3000 we will endeavour to get the Owner’s written consent to proceed with the required maintenance/ repair works. In the event that the Owner is unavailable, we will use our discretion.
6.1.10. LCE will ensure Guests check out by 10 am (unless a late departure has been agreed) on the day of departure and confirm with staff that all sets of keys have been handed back and check out paperwork has done by LCE staff and Guests.
6.1.11. If multiple bookings, LCE will oversee the changeovers and liaise with Homeowner’s domestic staff to ensure that this is seamless.
6.1.12. Organise and deliver to the Property a welcome bag (payable by Owner) and LCE bathroom amenities (payable by Owner).
6.2. The Owners expressly understand that:
6.2.1. LCE does not conduct an inventory of the Property and its contents before and after each Guest stay. Guests are supplied with a Breakage Form to report any breakages or maintenance after their stay.
6.2.2. Guests are not charged for small breakages, such as the odd wine glass, mug, plate etc and LCE can not be held liable for any breakages or damages whatsoever. LCE holds the Guest Breakage Deposit for up to 7 - 14 working days. If there are any claims that LCE feel are warranted, then this will be deducted from the guest deposit. We aim to refund deposits within 14 working days if a claim has arisen. LCE have put together a CLAIM GUIDE for Owners (please see Breakage Deposit clause below), please take some time to read through this to get an understanding of what you can and can't claim from a guest deposit.
6.2.3 LCE will get quotes on any items damaged or missing from a guest claim and ensure that these replacements are purchased and delivered to the Property.
7. LCE OBLIGATIONS for management of Property and Staff
7.1 LCE will perform the following duties:
7.1.1 LCE will ensure that the house is visited up to twice a week by our Management Team (once a week for apartments). The purpose of these visits is to do a walk around with house staff of the inside and outside of the house as well as the out buildings, pools, gardens, perimeter fence and security.
7.1.2 Any issues picked up during these inspections will be captured on a report and either be closely monitored or ensure remedial action is taken as soon as possible (if needed). Any remedial action will be managed by getting a quotation from our trusted suppliers/tradesmen, gaining approval of the quotation, ensuring payment of deposit (if needed), booking in remedial work during working hours and not during guest stays, following up to ensure the work has been done properly and ensuring final or full payment is made to the tradesmen or supplier. All costs for parts, labour and call outs will be at the Owner cost.
7.1.3 LCE will ensure that the Property has a management plan in place with annual, bi-annual checks scheduled for the house or gardens/external facilities. Such as pest treatment, aircon servicing, security features (electric fence, security cameras and alarm servicing), fire hydrants/fire extinguishers/fire blankets, automation servicing (gates, garage doors, fountains etc), professional cleaning of mattresses, headboards, carpets, soft furnishings and curtains and electrical appliances (ice machines, bar fridges, coffee machines, dishwashers, washing machines, tumble driers) and steam cleaning of bathrooms and kitchens for hygiene purposes. All costs for parts, labour and call outs will be at the Owner cost.
7.1.4 LCE Management Team will be in direct contact with Property staff to check on supplies needed for the interior and exterior of the house and gardens and to ensure that these supplies are purchased and delivered to the Property (all costs are for the Owner's expense).
7.1.5 LCE Bookings Team will make staff aware of upcoming guest bookings, scheduled house checks and any trademen/ supplier companies coming to the Property, to ensure that staff are present during these times to allow access. Staff are not allowed to let anyone else onto the Property without our/Owner consent.
7.1.6 LCE Management Team will conduct inventories of kitchen cupboards and drawers as well as linen, bedding and towels every four months. Any damaged, broken or missing items will be quoted on by our sister company North Coastal Collections. All quotes are sent to the Owner for approval prior to any purchases being made. LCE will ensure that these orders are delivered to the Property and handed to the staff
7.1.7 LCE will ensure staff have sufficient training in order to effectively look after the Property. This training will be on going and staff will have direct contact with the LCE Team for questions or queries or to report a problem.
7.1.8 LCE will ensure that the staff are presentable at all times and that they have a minimum of two sets of LCE uniform, ideally three sets are needed.
8. THE OWNERS OBLIGATIONS
8.1.The Owner must:
8.1.1. ensure that all staff employment contracts, UIF and PAYE contributions (if needed) are in place and signed between themselves and the staff. LCE do not get involved with this.
8.1.1.1 STAFF WORKING HOURS during guest stays.
8.1.1.2 Housekeeping is included 7 days a week Monday - Friday from 8:00 - 14:00 unless otherwise agreed and Saturday & Sunday from 8:00 - 12:00 - unless otherwise agreed. Please ensure the staff are paid for these additional weekend days worked when there are guests in house or given two days off in lieu. We can discuss this with staff to see what they would prefer.
8.1.1.3 STAFF WORKING HOURS when no guests are in house.
8.1.1.4 Monday to Friday 7.30am to 4pm with a 30 minute break for breakfast in the morning and an hour break for lunch. This can be flexible for live-in staff.
8.1.2 ensure that all staff are paid timeously on the last Friday of each month for their salary and any additional weekend days worked
8.1.3 complete and return the LCE Home Owner’s Information Pack prior within 30 days of signing this agreement or 14 days before the first rental period. A copy of the “LCE Home Owners Information Pack” link will available in the 'Owners Handbook'.
8.1.4 the Owner undertakes to ensure that LCE has the capability and means to present the Property to the high standards stipulated by LCE (see below)
8.1.5 permit LCE to allow repairmen to enter the property when needed for maintenance or repair work
Security and Access Requirements
8.2 The Owner undertakes:
8.2.1. to insure the Property in accordance with clause 12 below and to notify insurers that the house is being rented out for short term stays
8.2.2. to ensure the Property has adequate fire hydrants/fire extinguishers/fire blankets available.
8.2.3. to ensure all exterior doors, windows and perimeter gates can be securely locked (in particular freestanding homes). All driveway gates now require an anti-lift bar. (freestanding homes only)
8.2.4. to ensure all burglar bars and security measures i.e. beams, fences, remotes are in working order and full instructions for use are handed over to LCE. LCE now require that alarm systems and beams are serviced every 6 months (freestanding homes only)
8.2.5. to notify their alarm company and or reaction team that LCE will now manage the Property
8.2.6. to notify their Estate (if any) that LCE are authorised in terms of these terms and conditions to manage the Property.
LCE Standards
8.2.7. staff to wear a smart LCE uniform (minimum two uniforms per staff member at Owner's expense)
8.2.8. The Owner undertakes to provide the uninterrupted supply of all services (e.g gas, electricity, wifi, water etc) during the full occupational period of the Guests.
8.2.9 The Owner undertakes to ensure that all Bedroom, bathroom and kitchen requirements and essentials are supplied and available for guests use during their stay. Please see Our Requirements section in our 'Owners Handbook'.
8.2.10. Should the Owner not comply with the specified standards set out by LCE or refuse to pay for costs incurred from LCE performing their duties set out in Clause 7 & 8, then LCE holds the right to stop advertising the property until further notice.
9. RENTAL RATES
9.1. Seasonal rental rates (have been agreed), with the understanding that a maximum 10% increase will occur annually if needed. Please refer to the LCE seasonal calendar for variations of seasons.
We will review your rental rate each year around September/October, with an estimated 10% increase with your approval. Our yearly rates will run from the 1st of March until the following year's end of February. Any rate adjustments will only be considered after a one-year period of being part of our collection. This allows us to assess the performance and market positioning of your property accurately. We take into account various factors, including demand, seasonal trends, and comparable properties in your category. It's important to note that any rate adjustments will be made with the intention of maintaining competitive pricing while ensuring fair returns for our homeowners.
9.2. The Guest shall be obliged to pay:
9.2.1. 50% of the agreed rental within 48 hours to secure the booking (20% of which is NON-refundable). Only after this payment to LCE has cleared into our bank account is the guests booking deemed confirmed.
9.2.2. remaining 50% at least two months before arrival.
Breakage Deposit & Guest Deposit Claims
9.3. A one-night breakage deposit will be taken by either credit card authorisation form or EFT. Please note only International guests are permitted to use Credit Card Authorisation Form.
9.4. LCE shall within 7 working days following check out, notify the guest with a list of any broken / stained / damaged or misplaced items, except fair wear & tear together with a quote for the reasonable replacement or repairs to be carried out.
9.5. When claiming we endeavour that all quotes are reasonable and not for small items such as missing cutlery, broken glasses etc. These types of breakages are assumed as renting your Property holds an inherent risk. Please note that we can not claim for cleaning costs at the end of guests stay. Only in the instance where additional cleaning is required due to the guest's negligence.
9.6. In some instances an Owner may need to make a claim with their insurer for a claim that has arisen during a guest stay. This is usually for larger items that hold a greater value than a guests deposit or that LCE deem not a guest cost or an unfair charge to the guest.
Read more: Claim Guide
10. FEES & RENTAL PAYMENT
10.1. The Guest shall make payment to LCE’s nominated bank account.
10.2. The Owner agrees that LCE shall be paid the following:
Rental Fee/Commission to Owner
10.2.1 30% commission on total rental monies received when booked and fully managed by LCE;
10.2.2. Please note that for full management LCE has a minimum charge of R5 000 per calendar month (unless otherwise agreed), in the event that the Property does not take bookings or is unavailable for bookings due to maintenance or Owner personal bookings. LCE will continue its obligations to maintain and look after the Property and therefore our monthly costs remain, regardless of whether the Property receives bookings.
10.2.3 R650 for the Peak Season Welcome bag & R450 for Low & Mid Season. Small Apartments at R350 & R550 at Peak Season (this cost will increase with inflation each year) as well as bathroom amenities for LCE to install in each bathroom.
10.2.3. Any amount reasonably incurred by LCE in fulfilment of these terms and conditions.
10.2.4. No private deals between Guests and Owner (including any affiliates of the guest) are allowed where LCE has made the introduction, should this happen then LCE is eligible for full commission of 30% on any short term holiday rental or long-term rental or event.
10.2.5 No private deals between Guests and Owner (including any affiliates of the guest) are allowed where LCE has made the introduction, should this happen then LCE is eligible for full commission of 5% + VAT on the sale price of the property.
10.2.6 All costs incurred or charged to the Owner for the Property can be deducted from the rental monies earned if there are future bookings. If there are no future bookings for the Property then the Owner will be invoiced directly for the costs incurred by LCE.
Payment of Rental Monies
10.3 LCE shall release payment to the Owner as follows:
10.3.1. 50% of full rental payment less LCE’s pro-rata commission earned in terms of paragraphs 10.2.1 within 7 working days of receipt of guests' first instalment. LCE will deduct any monthly maintenance costs from this rental payment that are outstanding.
10.3.2 remaining 50% rental less LCE pro-rata commission, the Guest Welcome bag, Bathroom amenities and any other additional expenses/costs incurred 10.2.2 & 10.2.3 (to include any additional purchases) on the day of guest check in, unless the booking was made through Airbnb (see clause 10.3.4)
10.3.3. Under no circumstance shall LCE release payment until LCE is in receipt of full rental funds.
10.3.4. Please note any booking taken via the Airbnb platform is only paid out to LCE 24 hours after your guests have checked in. This is Air BnB's payment policy and result in the rental being paid a few days after check-in.
11. CANCELLATION FEES
In the event that the Owner cancels a booking, the Guests will be refunded in full and the Owner will be liable for the LCE’s full commission which will be deemed earned in full.
12. INSURANCE
The Owner shall at all times maintain appropriate insurance cover (that must be adequate for the Property, the structure, contents and staff) for the duration of this agreement with a reputable insurer. Failure to do so will be regarded as a material breach of this agreement.
13. TERMINATION
Either party shall be entitled to terminate this Agreement in writing on one calendar month’s notice to the other party on the condition that no future bookings have been secured prior to the termination date. In the event that future bookings have been secured the Agreement can be terminated on the day following the guest's departure date, this is to include any sale of the Property.
14. EFFECTS OF TERMINATION
14.1. Termination of this agreement, however, caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.
14.2. On termination of this agreement for any reason
14.2.1. LCE shall cease to promote, market, advertise, let or manage the Property and Staff; and
14.2.2. clauses 12, 13 and 14 shall remain in full force and effect.
15. LIABILITY
15.1. The Owner expressly indemnifies LCE for any act, neglect or default of the Owner, the Guests, or third parties entering the Property for any harm, damage, loss, expenses, injury, death, claim for compensation, claim of any kind whatsoever in connection with the booking.
15.2. In the event that LCE is found liable such liability shall be limited to the commission earned.
15.3 LCE has Public Liability Insurance to cover all LCE staff that enter the property to perform their job.
16. GENERAL
16.1. B​oth parties agree to comply with the Data Protection Act.
16.2. This agreement constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to it.
16.3. Save as expressly provided in this agreement, no amendment or variation of this agreement shall be effective unless in writing and signed by a duly authorised representative of each of the parties to it.
16.4. The parties declare that they each have the right, power and authority and have taken all actions necessary to execute and deliver, and to exercise their rights and perform their obligations under this agreement.
16.5. The failure of a party to exercise or enforce any right under this agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
16.6. If any part of this agreement becomes invalid, illegal or unenforceable, the parties shall in such an event negotiate in good faith in order to agree on the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed in this agreement. Failure to agree on such a provision within six months of the commencement of those negotiations shall result in the automatic termination of this agreement.
17. PHOTOGRAPHS
17.1. Chris Allan Photography, retains the copyright of all images shot by him. He licenses the images to LCE and that license gives LCE the right to use the images for the marketing purposes agreed upon prior to the shoot. This is not limited to marketing only that single property, and images may be used to market the broader services of LCE.
17.2. Images may not be handed over to homeowners. Should the homeowner take possession of such photographs, they may not be used to advertise their own properties separately or in competition with LCE.
17.3. Image theft (as explained above) by property owners, competing agents or any other party, will result in damages in liquid sum of R50 000.00 per image being due to LCE.
17.4. If the Owners retract availability once the photoshoot has been done, they are liable for R3,000 to cover the cost of a photoshoot
18. HOUSEKEEPING & WORKSHOP
LCE will offer a free annual workshop around Oct / Nov. All housekeeping staff are required to attend this workshop once a year as we are constantly updating our cleaning procedures and we will also be doing a training on hygiene and cleaning protocol.
HOUSEKEEPING WORKING HOURS
Housekeeping is included 7 days a week from 8:00 - 14:00 (Mon - Friday) and also Saturday & Sunday from 8:00 - 12:00 - unless otherwise agreed.
Public Holidays are an extra cost, per shift: R440.00 per day, from 8:00 - 14:00 (on guests account)
Public Holidays are an extra cost and optional, rates per staff member, per shift: R440.00 per day, from 8:00 - 14:00 (on guests account)
CONSUMABLES AVAILABLE FOR STAFF & GUESTS
Toilet paper & Toilet Spray - enough for the entire duration of guests stay for each bathroom
Washing Powder & Sta Soft for linen and towels
Dishwashing (Sunlight) liquid & dishwasher machine tablets (Salt &
Black rubbish bags & recycling bags & bathroom bin bags
Antibacterial hand sanitiser / Antibacterial hand soap for kitchen and guest loo
Multi-surface cleaner / Disinfectant wipes or spray cleaner that kills most viruses
​