Owners Mandate

OWNERS MANDATE TERMS & CONDITIONS

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Any amendments or revisions made to this contract, once agreed upon by all parties, shall become part of the original agreement and remain valid and enforceable in its updated form.

 

1. APPOINTMENT

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 and enter 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 the rental of the Property for holiday purposes; and

3.3. the consent of any third party is not required, or if required, the Owner has obtained such consent.

 

4. DURATION 

4.1. This agreement shall commence from the date of signature and shall continue in force until terminated in accordance with Clause 12 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. Such three weeks must include either Christmas or New Year.

 

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-term holiday lets on the LCE website and other marketing platforms, including but not limited to Instagram, Facebook, and Airbnb;
6.1.3. arrange bookings with Guests;
6.1.4. receive payments;
6.1.5. ensure all Guests acknowledge and sign Estate security documentation (if required) 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 (if necessary);
6.1.7. ensure Guests check in safely and relay this confirmation to the Owner. During Peak Season holidays, this confirmation may be via WhatsApp or phone call. At this point, Guests can request a home visit by an LCE Team member;
6.1.8. manage Guests during their stay and attend to any reasonable maintenance issues, complaints, and queries. Note that LCE is not responsible for fixing maintenance issues that have not been resolved by the Owner prior to Guest check-in. Please note that LCE will charge a management fee on top of the cost of the maintenance/repairs needed if we are required to deal with a maintenance issue that was occurring prior to guest check in.
6.1.9. pay for emergency repairs/maintenance/call-out fees up to the value of R3,000 on the Owner’s behalf without prior consent unless other payment arrangements have been made. The amount will then be billed to the Owner by LCE. If costs exceed R3,000, LCE will endeavour to obtain the Owner’s written consent. If the Owner is unavailable, LCE will use its discretion;
6.1.10. ensure Guests check out by 10 am (unless a late departure has been agreed) on the day of departure and ensure all sets of keys are handed over and all Departure/Feedback paperwork from Guests is sent;
6.1.11. oversee changeovers and liaise with the Owner’s domestic staff for multiple bookings;
6.1.12. organise a welcome bag (payable by the Owner) and LCE bathroom amenities (payable by the Owner).

6.2. The Owner expressly understands that:
6.2.1. LCE does not conduct an inventory of the Property and its contents. Guests are provided with a breakage form to report any damages or maintenance issues after their stay. A Guest report is sent to the Owner within a few working days of the Guest's departure;
6.2.2. Guests are not charged for minor breakages, such as a wine glass, mug, or plate, and LCE cannot be held liable for any breakages or damages. Guest breakage deposits are held for up to 7 working days. If the Owner wishes to claim, they must notify LCE as soon as possible. Deposits are refunded within 14 working days if no claim arises.

 

7. THE OWNERS OBLIGATIONS

7.1. The Owner must:

7.1.1. The Property must be fully prepared and ready by 10:00 a.m. the day before guest arrival - Owners to vacate the Property at least 24 hours before the Guest’s arrival date to allow housekeeping sufficient time to thoroughly deep clean and follow Cleaning Protocols. The LCE Team will perform a cleaning inspection before the Guest’s arrival.

7.1.2. complete and return the LCE Home Owner’s Information Pack within 30 days of signing this agreement or 14 days before the first rental period. The pack link is available in the 'Owners Handbook'.

7.1.3. present the Property to the high standards stipulated by LCE.

7.1.4. permit LCE to allow repairmen access for maintenance or repair work during a Guest’s stay. LCE is happy to use the Owners specific tradesmen, however if they are not available within a reasonable amount of time to repair/resolve the fault/issue, then LCE will send in one of their preferred suppliers/tradesmen.

7.1.15. Owners are not permitted to make direct contact with Guests for any reason. All communication with Guests will be managed solely by LCE to maintain professional and consistent service.
 

7.1.16. Owners must remove their pets from the property prior to any Guest stay. Pets are not allowed to remain on the property during Guest stays, and staff members are not responsible for taking care of the Owners’ pets. Owners will be responsible for arranging alternative accommodation for their pets during these periods and ensuring the property is professionally cleaned to ensure pet hair and odours are not present in the property.

 

7.1.17 Homeowner Responsibility for Property Changes

The homeowner agrees to notify Luxury Coastal Escapes in writing of any changes made to the property that may affect guest expectations or operational requirements. These include, but are not limited to, the removal or replacement of appliances (e.g., gas braais), alterations to bed configurations, or changes to listed amenities. Failure to provide prior notification of such changes will render the homeowner liable for any resulting guest complaints, refunds, or operational disruptions. Luxury Coastal Escapes reserves the right to charge the homeowner for any costs incurred due to unreported changes.

 

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.

 

LCE Standards

7.2.8. The 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 for updates.

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. Please note that LCE will charge a management fee for this if the house is not under our Full Management portfolio. Preparation of the property for guest handover is the Owners responsibility.

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 for the Guest and if alternative accommodation is not available, then to reimburse the Guest in full. LCE will be entitled to their full commission (Owners expense).

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. Please note that LCE will not arrange a new photoshoot for every change made, we would assess the change and decide if updated photographs are required, or if the wording on the property listing just needs to be changed.

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.

7.3. Consumables Available for Staff & Guests

The Owner is responsible for ensuring the following consumables are available at the Property for the entire duration of the Guests' stay:

• Toilet paper - Two rolls of toilet paper in each bathroom

• Hand wash in each bathroom - not to be topped up during stay.

• Black rubbish bags & Bathroom bin bags

• Antibacterial hand sanitiser / Antibacterial hand soap

• Multi-surface cleaner / Disinfectant wipes or spray cleaner that kills most viruses
   

8. RENTAL RATES

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.

We will review your rental rate each year 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.

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 

 

Breakage Deposit

8.3. 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.

8.3.1. LCE will retain a portion of the home owners rental payout, equivalent to one night's rental as a deposit. This deposit will be retained by LCE and will only be refunded to the Owner after the Guest's departure. The deposit may be used to cover any maintenance issues, including contractor call-out fees or purchases necessary for the property that have not been provided by the Owner according to LCE’s requirements in Clause 6.1.8;  6.1.9;  7.1.4;  7.2.12

 

8.3.2. The Owner shall within 7 working days following the termination date provide LCE with a comprehensive list of broken, stained, damaged, or misplaced items (excluding fair wear and tear) along with a quote for the reasonable replacement or repair costs.

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 for 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

 

Read more: Claim Guide

 

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

 

Rental Fee

9.2.1 20% commission on rental monies received when booked and managed by LCE;

9.2.2. 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 (Hand Wash, Hand/Body Lotion and small 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 bag, Bathroom amenities and any other additional expenses/costs incurred 9.2.2 & 9.3.3 below within 7 working days of the second instalment 2 months prior to guest occupation.

9.3.3. LCE will retain a portion of the home owners final rental payout, equivalent to one night's rental as a deposit. This deposit will be retained by LCE and will only be refunded to the Owner after the Guest's departure. The deposit may be used to cover any maintenance issues, including contractor call-out fees or purchases necessary for the property that have not been provided by the Owner according to LCE’s requirements in Clause 6.1.8;  6.1.9;  7.1.4;  7.2.12. For Peak Season bookings please allow up to 30 days for this final payout to be paid over. Some Tradesmen and Suppliers do not get to their invoicing immediately in the New Year.

9.3.4. Under no circumstance shall LCE release payment until LCE is in receipt of full rental funds. 

9.3.5. 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 results in the rental being paid a few days after check-in. 

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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.

 

11. INSURANCE

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.

 

12. 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.

 

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. LIABILITY

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. GENERAL

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. PHOTOGRAPHS

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 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 retracts availability once the photoshoot has been done, they are liable for R3,000 to cover the cost of a photoshoot

 

17. HOUSEKEEPER WORKSHOP

At Luxury Coastal Escapes (LCE), we host an annual workshop for all housekeeping staff, typically held in October or November. This workshop is mandatory for all housekeepers to attend, as we continuously update our cleaning procedures, hygiene practices, and cleaning protocols to maintain the highest standards. Please note that all property owners will be responsible for arranging the necessary transport for their staff to attend the workshop. We appreciate your cooperation in ensuring that your staff are able to participate and benefit from this important training session.

 

18. 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. If your staff’s usual salary is for weekdays only, then please ensure that you compensate them on top of their salary for weekend days worked, during guest stays.

18.1. Smaller apartments will have to specify which days the staff will be available to work.

18.2. 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).

 
19. INDEMNITY CLAUSE 

The Owner agrees to indemnify and hold harmless Luxury Coastal Escapes (LCE) from any and all claims, damages, liabilities, or expenses arising from the Owner’s negligence or failure to comply with applicable safety, maintenance, or legal standards. This includes, but is not limited to, any claims resulting from accidents, injuries, or property damage that may occur due to the Owner’s non-compliance with relevant regulations or failure to maintain the property in a safe and legally compliant condition.

 

20. FORCE MAJEURE 
Neither LCE (Luxury Coastal Escapes) nor the Owner shall be held liable for any failure or delay in the performance of their respective obligations under this Agreement if such failure or delay is caused by any event beyond their reasonable control. Such events may include, but are not limited to, natural disasters (e.g. floods, earthquakes, hurricanes), pandemics, civil unrest, government actions, or any other unforeseen circumstances that render performance impossible or impractical. In the event of a Force Majeure situation, both parties agree to notify the other as soon as possible, with a description of the situation and the expected duration of the disruption. During the period of Force Majeure, both parties will work together in good faith to mitigate the impact on the Agreement. Neither party shall be liable for any losses or damages arising from such an event, nor will the non-performance be deemed a breach of the Agreement. Should the Force Majeure event continue for a period exceeding [insert number of days], either party shall have the right to terminate the Agreement without penalty.