OWNERS MANDATE TERMS & CONDITIONS
1.1. The Owner hereby appoints Luxury Coastal Escapes (LCE) as its agent to let the Property on a short-term basis from time to time as agreed 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 advertise, promote and market the Property for short-term holiday rentals;
2.2 take bookings from guests;
2.3 enter short-term rental agreements on behalf of the Owner with guests; 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.
4.1. This agreement shall commence from the date of signature and shall continue in force until terminated in accordance with Clause 9 below
5. RENTAL AVAILABILITY
5.1. Unless otherwise agreed in writing, the Owner shall ensure that the Property is available for a minimum of three weeks per year during peak season/holidays.
6. LCE OBLIGATIONS
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;
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 Guests have checked in safely to the house/apartment on the day of arrival and relay this confirmation to the homeowner. Please note that during Peak Season holidays this confirmation may be via WhatsApp or phone call. Guests at this point can request a home visit by one of the LCE Team
6.1.8. LCE will manage Guests during their stay and attend to any reasonable maintenance issues/complaints and queries; Please note that LCE is not responsible to fix maintenance issues that have not been resolved by the Homeowner prior to Guest check-in
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 collect all sets of keys and paperwork from Guest/s.
6.1.11. If multiple bookings, LCE will oversee the changeovers and liaise with Homeowner’s domestic staff.
6.1.12. Organise a welcome basket/ bag (payable by Owner) and bathroom amenities.
6.2. The Owners expressly understand that:
6.2.1. LCE does not conduct an inventory of the Property and its contents. Guests are supplied with a breakage form to report any breakages or maintenance after their stay. A Guest report is sent to the Home Owner within a few working days of the Guest departure.
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 working days. If there is any claim that the Homeowner would like to make we ask that LCE are notified as soon as possible. We refund deposits within 14 working days if a claim has arisen.
7. THE OWNERS OBLIGATIONS
7.1.The Owner must:
7.1.1. Owners need to vacate their properties 24 hours prior to the guest's arrival date. This time will allow and to ensure housekeeping has sufficient time to thoroughly deep clean rooms and follow our Cleaning Protocol. The LCE Team will do a thorough cleaning inspection checks throughout the house prior to guests arrival and welcome.
7.1.2 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'.
7.1.3 the Owner undertakes to present the Property to the high standards stipulated by LCE (see below)
7.1.4 permit LCE to allow repairmen to enter the property when needed for maintenance or repair work during a Guest's stay.
Security and Access
7.2. The Owner undertakes:
7.2.1. to insure the Property in accordance with clause 11 below and to notify appropriate Insurers for each Guest stay
7.2.2. to ensure fire hydrants/fire extinguishers/fire blankets are available, in working order, regularly serviced and easily accessible
7.2.3. 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)
7.2.4. 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)
7.2.5. to notify their alarm company and response team of Guests names and contact numbers
7.2.6. to notify their Estate (if any) that LCE are authorised in terms of these terms and conditions.
7.2.7. to ensure that full and comprehensive instructions are handed over to LCE for the alarm system. It is imperative that guests know how to operate the alarm system during their stay.
7.2.8. Owner agrees to use LCE’s 'Owners Handbook' as a blueprint for preparing their home for each rental. Links to all necessary forms and guidelines will be available to the owner at all times. Please review this page annually.
7.2.9. to ensure that staff wear a smart uniform with a black LCE apron (two uniforms per staff member at Owner's expense) To be discussed with each homeowner.
7.2.10. To ensure a smooth changeover and on days when guests are checking out and new guests checking in provide additional staff, garden staff/service, pool service, and window cleaning to ensure the home is ready for the next rental.
7.2.11. 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 Guest.
7.2.12. Should any of the replenishments, services, cleaning, preparation, repairs or maintenance to be provided as part of the Owner's obligation not be provided for any reason whatsoever the Owner authorises LCE to procure them on behalf of the Owner and at the Owner’s expense
7.2.13. Should the Owner not comply with the specified standards set out by LCE on Guest arrival then LCE holds the right to book alternative accommodation and reimburse the Guest in full. LCE will be entitled to their full commission
7.2.14. The Owner needs to make LCE aware of any alterations, major or minor to the interior or exterior of the property that would result in LCE misrepresenting the property.
7.2.15. If any renovations or works are scheduled for the future it is important that these are done before the Guests arrival and for LCE to be made aware.
8.1. 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.
8.2. The Guest shall be obliged to pay:
8.2.1. 50% of the agreed rental within 48 hours to secure the booking (20% of which is NON-refundable)
8.2.2. remaining 50% at least two months before arrival
8.3. A one-night breakage deposit will be taken by either credit card authorisation form or EFT. Please note that only International guests are permitted to use Credit Card Authorisation Form.
8.4. the Owner shall within 7 working days following the termination date provide LCE with a comprehensive list of broken / stained / damaged or misplaced, except fair wear & tear together with a quote for the reasonable replacement or repairs to be carried out.
8.5. When claiming we ask 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 cleaning costs at the end of guests' stay. Only in the instance where additional cleaning is required due to the guest's negligence.
8.6. should the Guest dispute the damages or associated costs, the Owner may be required to produce photographic evidence of the damages, if not already taken at check out by LCE
8.7. for the avoidance of doubt LCE is not liable for any unsettled costs by the Guest should they reserve any charges associated with the damages
9. FEES & RENTAL PAYMENT
9.1. The Guest shall make payment to LCE’s nominated bank account.
9.2. The Owner agrees that LCE shall be paid:
9.2.1 20% commission on rental monies received when booked and managed by LCE;
9.2.2. R650 for the Peak Season Welcome Basket & R450 for Easter & year-round bookings, Small Apartments at R350 (this cost will increase with inflation each year) as well as bathroom amenities for LCE to install in each bathroom (shampoo, body wash, body cream and pleat wrap soap);
9.2.3. Any amount reasonably incurred by LCE in fulfilment of these terms and conditions.
9.2.4. No private deals between Guests and Owner are allowed where LCE has made the introduction, should this happen then LCE is eligible for full commission on any holiday rental, long-term rental or sale of the property
Payment of Rental Monies
9.3 LCE shall release payment to the Owner as follows:
9.3.1. 50% of full rental payment less LCE’s pro-rata commission earned in terms of paragraphs 9.2.1 within 7 working days of receipt of guests' first instalment.
9.3.2 remaining 50% rental less LCE pro-rata commission, the Guest Welcome Basket, Bathroom amenities and any other additional expenses/costs incurred 9.2.2 & 7.2.12 (to include any additional purchases) within 7 working days of the second instalment 2 months prior to guest occupation.
9.3.3. Under no circumstance shall LCE release payment until LCE is in receipt of full rental funds.
9.3.4. 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.
10. 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.
The Owner shall at all times maintain appropriate insurance cover (that must be adequate for the Property, the structure and contents) for the duration of this agreement with a reputable insurer. Failure to do so will be regarded as a material breach of this agreement.
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.
13. EFFECTS OF TERMINATION
13.1. Termination of this agreement, however, caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.
13.2. On termination of this agreement for any reason
13.2.1. LCE shall cease to promote, market, advertise or let the Property; and
13.2.2. clauses 11, 12 and 13 shall remain in full force and effect.
14.1. 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.
14.2. In the event that LCE is found liable such liability shall be limited to the commission earned.
15.1. Both parties agree to comply with the Data Protection Act.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. 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.
15.6. 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.
16.1. 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.
16.2. 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.
16.3. 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.
16.4. LCE requests a minimum availability of three weeks per year in peak season holiday times. If the Owners retract availability once the photoshoot has been done, they are liable for R3,000 to cover the cost of a photoshoot
17. HOUSEKEEPING STAFF 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.
CONSUMABLES AVAILABLE FOR STAFF & GUESTS
Toilet paper - enough for the entire duration of guests stay for each bathroom
Dishwashing (Sunlight) liquid & dishwasher machine tablets
Black rubbish bags
Antibacterial hand sanitiser / Antibacterial hand soap
Multi-surface cleaner / Disinfectant wipes or spray cleaner that kills most viruses