Capsol Guest Booking Terms & Conditions

Number of Guest and occupancy

The accommodation is only to be utilised for the personal use of the guest and the number of occupants shall not exceed as per the original request processed by the guest. At no point in time shall the number of occupants exceed the maximum number as per what the accommodation can accommodate. The accommodation shall be used only as a private residence.

Guests acknowledge that they have a permanent place of residence, and the use of the accommodation is for holiday purposes only, specifically for the duration of the booking as per the booking invoice/document submitted by Capsol.

Deposit & Balance of payment

We shall require a 50% deposit of the total amount as indicated in your booking invoice, alternatively the amount specifically stipulated in the booking invoice. For bookings within 30 days of arrival, we shall require the full amount payable. For bookings which fall within the Peak Season (December / January) the full amount  shall be due and payable no less than sixty (60) days prior to arrival date. Despite the aforesaid, should the booking invoice contain a specified date upon which payments are to be paid by the guest, the guest shall ensure that all payments reflects in the bank account of Capsol on or before the date stipulated therein

Payment

No agreement will come into existence until Capsol accepts your instructions to proceed with the reservation, which will constitute an offer and which we are free to accept or reject.

Once your offer is accepted, an invoice will be sent to you , by your consultant. This includes all the information pertaining to your booking including the terms and conditions of such booking. Please ensure the dates, rate and total amount are correct as per your request to the consultant.
All payments must be made into our nominated bank account and must include the payment reference, as indicated on the booking invoice. The inability to identify a payment, could lead to the incorrect or non- allocation of your funds, which could result in your booking not being properly confirmed. We are not liable for any loss or damage you may suffer as a result of an incorrect or delayed allocation of an amount paid without the correct payment reference and as such urge you to be diligent in ensuring all payments are correctly referenced.
Please also note that by making payment of any amounts you indicate your acceptance of the terms.

You also warrant that you have the contractual capacity to enter into this agreement with us. If payment is made by a person acting in a representative capacity on behalf of you, the paying party warrants that they have the right to bind the person in whose name the booking is made.

Please view the following link, for all our available payment methods and bank account information:

Capsol Bank info & Payment Methods

Payment of your reservation constitutes agreement of our booking terms and that you have read, understood and agreed to the terms and conditions available, as unmodified by you.

Events, functions & Parties

No birthday parties, functions, events and/or similar are to be held the accommodation, unless by prior arrangement and written consent by management. No third party suppliers, caterers, external contractor and/or similar are allowed onto the accommodation, unless by prior arrangement and written consent by management. Should the guest breach this clause, then Capsol or the owner may either levy a penalty fee of a minimum amount equal to 5 (five) times the nightly rate paid or which Capsol, in its sole discretion, deems reasonable, or Capsol/ the owner shall be entitled to sue for such damages as may be legally permissible.

General Terms

1. The guest shall pay Capsol fifty percent (50%) non-refundable deposit (“the booking deposit”) as contained in the invoice rendered by Capsol to the guest (“the booking invoice”), alternatively the amount specifically stipulated in the booking invoice. The guest shall ensure that the booking deposit reflects in the nominated bank account of Capsol within three (3) days of invoicing for any payments from a bank account registered and held in the Republic of South Africa (“the Republic”) and within seven (7)  for any payments made from a bank account registered and held outside the Republic. Despite the aforesaid, should the booking invoice contain a specified date upon which the booking deposit is to be paid by the guest, the guest shall ensure that the booking deposit is paid and reflects in the bank account of Capsol on or before the date stipulated therein.
   
   
2. The guest shall ensure that the remainder of the amount contained in the booking invoice reflects in the bank account of Capsol no less than thirty (30) days prior to the arrival of the applicable booking. If the arrival date of the applicable booking falls within thirty (30) days of the guest signing this document, full payment of the amount contained in the booking invoice shall be due and payable upon submission of the booking documentation and proof of payment shall be submitted simultaneously to Capsol. **For bookings which fall within the Peak Season (December / January) the balance shall be due and payable no less than sixty (60) days prior to arrival.
   
   
3. In the event that the guest fails to make payment of any amount due to Capsol in terms of the booking (i.e. fail to process their balance of payment on due date), Capsol shall have the right to cancel the booking and the guest shall forfeit all monies received by Capsol pertaining to the booking.
   
   
4. It is specifically recorded and agreed that Capsol shall only process and/or confirm a booking made by a guest once the booking deposit has reflected in the bank account nominated by Capsol (within the stipulated timeframe, free of any deduction, set-off, bank charges, FOREX or any other charges or taxes),  and Capsol has received signed acknowledgment from the owner/ owner’s representative that the booking has been confirmed by same.
   
   
5. In the event of any credit card transaction(s) made by / on behalf of the guest pertaining to any monies payable to Capsol, the guest specifically confirms under no circumstances whatsoever shall the guest at any time authorize / instruct any reversal / cancellation of credit card transactions payable to Capsol. All credit card transactions are subject to a surcharge on top of the amount that needs to be processed.
   
   
6. Cancellation: Capsol acts as an intermediary between the supplier/ home owner and guest, slight variations in cancellation terms could apply to the accommodation booked. We encourage you to confirm the exact policy, prior to booking your accommodation. The primary policy, utilized by most suppliers/ owners, is as follow’s:
   • Cancellation 31 days or more before arrival (excl. the peak December/January period) – the initial booking deposit shall be forfeited ; or
   • Cancellation 30 days or less before arrival (excl. the peak December/January period)– 100% of the total booking cost shall be forfeited
   • For the peak December/January period: Cancellation 61 days or more before arrival  – the initial booking deposit shall be forfeited ; or
   • Cancellation 60 days or less before arrival (excl. the peak December/January period)– 100% of the total booking cost shall be forfeited
7. Amendments or booked dates: Please note that any amendment requests shall be at the discretion of the owner/manager and the company (additional charges will apply, if approved). There shall be no entitlement to a refund in the event that the guest decides to stay for a shorter period than what has been booked and paid for. Also note the rates are based and negotiated based on the originally booked dates. Shortening of stays will result in an increase of the nightly rate, if accepted by the owner/ manager and the company.

8. Cancellations due to Covid: Reservations made after March 14, 2020 will not be covered under any special cancellation policy. COVID-19 related circumstances not covered include: transportation disruptions and cancellations; travel advisories and restrictions; health advisories and quarantines; changes to applicable law; and other government mandates—like evacuation orders, border closures, prohibitions on short-term rentals, and shelter-in-place requirements. The standard cancellation policy will apply.

   After the declaration of COVID-19 as a global pandemic by the World Health Organization, COVID-19 and its consequences are no longer unforeseen or unexpected. See below, relating to Travel Insurance requirements.

9. Travel Insurance: You agree to purchase comprehensive travel insurance, including “Cancel for any reason cover”  at the time of your booking. You acknowledge that without such travel insurance, you will be responsible for all costs arising from any cancellation, cancellation fee’s charged by Capsol and/or the owner/ supplier,  re-routing or rescheduling of your trip or any emergency (medical or other) that may arise during your travels. You agree that in the event of you failing to purchase adequate insurance cover, you will not hold Capsol and/or the owner of the accommodation responsible for any harm or loss that you may suffer, including (but not limited to) any cancellation penalties or fee’s.
   
   
10. Kindly also note that a portion of the amounts paid by the guest, relates to the initial/on-going consultation service we provide on the guests behalf, upfront marketing spend and various fee’s directly associated with the reservation, prior to the guest taking occupation of the accommodation.
11. Refund payments are subject to a 3% (three percent) handling fee on the refunded amount.
12. Please note that chargebacks on card payments are not an alternative to cancellations of bookings. Chargebacks are a mechanism to prevent fraud and should not be abused. Any abuse will be reported to the card issuing bank.
13. Damages Deposit:A damages deposit shall be required on or before check-in and is used to cover any loss or damage suffered by Capsol, the owner and/or their representative. The damage deposit method and amount shall vary depending on the accommodation booked. The damage deposit shall be refunded to the guest after the accommodation has been vacated & checked and after deduction of any cost to repair damage to the accommodation and/or to the contents thereof, outstanding amounts due and/or any other expenses for which the guest is liable. The guest hereby authorises Capsol, the owner, and/or their representative to utilise such funds as required from the aforesaid damages deposit and further give authority to deduct any charges from the guest’s credit card.
14. A minimum fine of five (5) times the daily rental amount will be charged if smoking, narghile, shisha, goza, hookah, water pipes, battery powered electronic smoking devices or any other activity that burns tobacco (or similar) takes place indoors on the property or guests/tenants may be requested to vacate the property or both. You will be billed additionally for the cleaning of the property.
15. Load Shedding (scheduled power outages): South Africa has been experiencing periods of load-shedding (What is Load Shedding). This means that electricity goes off for periods of 2.5 (or more) hours at a time. We often do not know in advance when this will happen. However, there is an app you can download in order to ensure you know what times it will take place and plan your day accordingly. Please see following the link to the app; Load Shedding App .We apologize for any inconvenience that this may cause. This is unfortunately something that is out of our hands and governed by the South African Electricity providers.Accordingly, neither Capsol, nor the owners/owners representative shall be liable for any refunds, compensation or discounts as a result of services being unavailable due to load shedding. Most of our owners, however, have  taken a number of measures to ensure your greatest comfort during your stay.
16. The accommodation are only to be utilised for the personal use of the guest and the number of occupants shall not exceed as per the original request processed by the guest. At no point in time shall the number of occupants exceed the maximum number as per what the accommodation can accommodate. The accommodation shall be used only as a private residence. It is specifically recorded that the terms of this agreement is binding on all persons who occupy the accommodation. The guest shall advise Capsol immediately of any intended increase in the number of occupants who are to occupy the accommodation at any time during the occupation period, as well as the duration of their proposed occupancy of the accommodation. It is recorded that any such additional occupants shall only be entitled to occupy the accommodation with the express written consent of Capsol, which consent may be withheld by Capsol, in its sole and absolute discretion. Additional occupants could be subjected to an additional charge of double the nightly rate paid or as determined by Capsol. The guest confirms that he/she shall be wholly responsible for the actions of all occupants on the property, including any 3^rd party suppliers arranged and/or commissioned and additional visitors. The guest confirms that he/she shall inform all occupants, visitors and/ or 3^rd party suppliers of the terms of the booking and house rules (if applicable). The guest shall be liable for any loss or damage suffered by Capsol, the management company or the owner of the property due to the actions of any additional occupants, 3^rd party suppliers, contractors and/or visitors.
17. The guest shall have the use of the linen and bath towels on the accommodation, but these (nor any other items) shall be removed from the accommodation. The guest shall keep the accommodation and the contents in good order and at the termination of the agreement period will return the accommodation and the contents in the same good order and condition as they were at the commencement of the agreement. The guest will be liable for the cost of repairing any damage to the accommodation, even if the cost of the damages is more than the refundable deposit amount. Any lost keys or keys not returned, could result in locks and keys being replaced and the guest will be held accountable for costs. If we are unable to do a same-day turnaround on the property due to the state it was left in at Check-out by the main guest or group, the main guest will be held liable for any extra cost incurred to clean the property and restore it to the same state they received it.
18. Capsol, nor it employees, agents or contractors, or anyone else acting on Capsol’s behalf can, nor will be, liable in whatsoever respect for any theft, claim, loss, damage or injury which the guest (including his / her family members, occupants or visitors or the like) may directly or indirectly suffer at the accommodation or the surrounds thereof, except where it arises through the direct fault of Capsol. Capsol, however, shall not be liable to the guest for any direct, indirect, special, consequential or punitive damages arising out of the booking which is the subject matter of this agreement, howsoever arising, notwithstanding any clause in this agreement to the contrary. To the greatest extent permitted by law, Capsol’s liability in terms of this agreement is limited to the commission actually earned by Capsol off such booking.
19. The guest must report any concerns / defects, of whatsoever nature, regarding the accommodation to the Capsol AND the guest relations manager or the owner and/or their representative within 24 (twenty four) hours after occupation. Failing this, it will be construed that the accommodation contain everything in good order and condition. The guest shall not make any alterations or additions to the accommodation. Please allow reasonable time for defects to be rectified. The properties are “working assets” and certain unforeseen defects could occur.
20. The guest shall not be allowed to make any duplicate copies of the keys in respect of the accommodation without the prior written consent of Capsol and shall upon departure deliver all keys, including remote controls to Capsol.
21. The guest undertakes to pay an amount equal to any claim made against Capsol by any party / person for any loss/ damage or injury suffered in or on the accommodation in consequence of any act or omission by the guest or any persons under the guest’s control or who occupy the accommodation due to the guest’s occupation of the accommodation.
22. Capsol, the owner and/or their representatives shall have the right of access to the accommodation, in order to affect any repairs to the accommodation, or for any emergency purposes. The guest would be notified timelessly so that the guest is not inconvenienced.
23. In terms of Section 45 of the Magistrate’s Court Act 1944, as amended, the guest consents to the jurisdiction of the Magistrate’s Court having jurisdiction of the guest’s person in respect of any action or proceedings which may be instituted against the guest in terms of or arising out of this agreement notwithstanding the amount of the relevant.
24. In the event of the guest committing a breach of any of the terms of the agreement, Capsol, the owner and/or owner’s representatives, shall call upon the guest to remedy the breach complained of. In the event that the guest fails to remedy same, then Capsol, the owner and/or owner’s representatives shall be entitled at his/ her sole discretion and without prejudice to any of its other rights within the law and / or in terms of this agreement, either to claim specific performance of the terms of this agreement or to cancel this agreement forthwith and without further notice and claim damages from the guest.
25. Any indulgences granted by Capsol to the guest at any time shall in no way effect or act as a bar to Capsol enforcing its right at any given time for any similar or other breach or failure on the part of the guest.
26. The guest shall not have the right to assign or sublet the accommodation, or any portion thereof. The guest shall not cede any of his / her rights or delegate any of his / her obligations in terms of this agreement.
27. In the event of the accommodation being simultaneously for sale, the guest confirms to allow the relevant person/persons access for selling purposes. However it is specifically recorded that such access should only be allowed upon sufficient (24 hours) notice and during convenient times for the guest.
28. For reference, please note that standard check in time is 14h00 and the standard departure time is 10h00, unless prior arrangement is made with Capsol.
29. The guest undertakes not to cause a nuisance to any other guests or occupiers of adjacent or other properties of which the accommodation form part of or in the vicinity of the occupied accommodation by any means whatsoever and the guest specifically undertakes not to cause a nuisance by emitting any gases, smoke, fluids, noxious matter or noise which may cause a nuisance.
30. No birthday parties, functions, events and/or similar are to be held the accommodation, unless by prior arrangement and written consent by management. No third party suppliers, caterers, external contractor and/or similar are allowed onto the accommodation, unless by prior arrangement and written consent by management. Should the guest breach this clause, then Capsol or the owner may either levy a penalty fee of a minimum amount equal to 5 (five) times the nightly rate paid or which Capsol, in its sole discretion, deems reasonable, or Capsol/ the owner shall be entitled to sue for such damages as may be legally permissible.
31. The terms of this document form the sole contractual relationship between the parties. The guest chooses as their domicilia citandi et executandi the address of the booked accommodation.
32. Photographs / web information/descriptions – These are intended to give an overall impression of a specific accommodation. Capsol cannot be held liable for any items of furniture or chattels, which appear in the description or photographs used in our brochures / websites or via e-mail, which may have changed or been removed from the accommodation or any aspects of the accommodation’s environment which may have changed since the photographs were taken.
33. Please note that, in the event of Capsol facilitating/ arranging additional third-party services and products, i.e. car hire, cot hire, chefs, catering, cleaning, security services, tours, transfers, baby-sitting services and other guest-related services, Capsol cannot be held liable and/ or responsible for the quality and service delivery of such additional thirds party services and/or products. Payment for such services shall be in addition to accommodation paid by the guest and where applicable, settled directly with the relevant service provider. Internet (ADSL, WIFI, 3G etc.) is provided by a 3rd party supplier and Capsol, nor the owner, is responsible for the reliability and/or speed of the internet provided at the accommodation (if applicable). Unfortunately the speed and up-time of our internet services are sub-standard compared to Europe, USA etc. Internet / Wifi / Data may not be unlimited at the villa and is provided with the understanding of fair usage.
34. The guest hereby warrants that the guest has the right to enter into this agreement; and the guest will at all times act in a manner in accordance with the law; and all information provided by the guest is true and accurate in all material respects.
35. Liability by Capsol and Contractual relationship: Please note that the agreement for providing accommodation lies between you and the owner of the accommodation itself and/or their appointed representative. Capsol is not a party to or involved in that agreement. Our responsibility to you in terms of this agreement ends once you have booked or chosen not to book your accommodation. In view of this fact under no circumstances will Capsol be held liable for any negligence and/or wilful default by the supplier/owner of the accommodation. If you, as the guest, are not happy with the accommodation or if the supplier/owner of the accommodation does not honour the terms of your booking, you will not have any claim against Capsol whatsoever but your recourse will be against the owner directly.
36. If any clause or terms  have been held by a court of competent jurisdiction to be invalid, unenforceable or illegal, then the remaining terms and provisions of this agreement shall be deemed to be severable there from and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this agreement.
37. The terms and conditions of this document and associated invoice shall constitute the sole contractual basis on which the parties will contract with each other, unless specifically agreed and signed to otherwise in writing.
38. The rule of interpretation that in the event of a dispute between the parties, this agreement shall be interpreted against the drafter, shall not apply in this instance.
39. If any provision or provisions of this agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms of this document are binding and related to all transactions entered into between Capsol and the guest.
40. By proceeding with your booking, you acknowledge that Capsol acts simply as the conduit for the conclusion of a reservation between yourself and the owner (or his/her appointed representative) of the accommodation. As such, by proceeding, you acknowledge that any claim for damages, whether contractual or delictual, and stemming from any issues pertaining to the accommodation or booking or any other reason whatsoever, can only be made against the owner of the accommodation (inclusive of any claim made in terms of the Consumer Protection Act No.68 of 2008) and that any right to claim damages as against Capsol for any reason whatsoever (unless stated otherwise in with these terms) is hereby waived by yourself and all who occupy the accommodation under your title.
41. The guest agrees that, should any dispute arise pertaining to this agreement or any obligations there under, such dispute shall be adjudicated in terms of the laws of the Republic of South Africa regardless of which country, court or jurisdiction the dispute is heard and adjudicated.

THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME. UPDATED TERMS WILL BE POSTED TO THIS LINK. PLEASE BE SURE TO VISIT THIS LINK BEFORE YOUR STAY TO FAMILIARISE YOURSELF WITH ANY CHANGES WHICH WILL BE BINDING UPON YOU