Cape St Francis
About Modern Masterpiece
Modern Masterpiece is situated in the tranquil village of Cape St. Francis, overlooking the stunning beach.
The home has four bedrooms and three bathrooms. There is an open-plan fully equipped kitchen, a dining room, a lounge with DStv and an outside deck with braai facilities. The abode also offers guests a roof deck with panoramic views, an indoor fireplace, laundry amenities and parking on the premises.
Cape St Francis has many great attractions in and around the area, including the Cape St Francis and Seal Point Nature Reserves, the outstanding beaches, and the St Francis Links.
Beach: The house overlooks arguably one of the best beaches in South Africa, ideal for swimming, surfing or just a casual walk.
The Parties agree that in consideration for the reservation of the Premises, and in order to secure this reservation, the Tenant must complete and transmit a booking form to the Manager and shall pay to the Manager the Deposit Amount stipulated in the Reservation Confirmation. The reservation shall not be considered confirmed until such time as...
The Parties agree that in consideration for the reservation of the Premises, and in order to secure this reservation, the Tenant must complete and transmit a booking form to the Manager and shall pay to the Manager the Deposit Amount stipulated in the Reservation Confirmation. The reservation shall not be considered confirmed until such time as the Manager confirms that the deposit has been received and that they are happy to accept the Tenant.
If the Premises should be unsuitable for occupation as a result of a force majeure, the Manager shall be entitled to cancel the reservation Agreement; and the Manager shall reimburse the Tenant a pro rata portion of the Rental for the period that the Premises were rendered uninhabitable.
If before or during the Occupation Period, the Manager should cancel this Agreement or the Tenant should cancel the reservation Agreement as a result of a breach of any of the terms of the Agreements by the Owner, the Manager shall reimburse a pro rata portion of the Rental for the period that the Tenant did not occupy the Premises;
If any party commits any breach of any of the terms and conditions of this Agreement (“the defaulting party”) then the remaining party (“the aggrieved party”) shall be entitled to give the defaulting party 48 (Forty Eight) hours’ notice to remedy such breach, and if the defaulting party fails to comply with such notice then the aggrieved party shall be entitled, but not obliged, without prejudice to any other rights which the aggrieved party may have in law, including the right to claim damages, to cancel the Agreement; or claim immediate performance and/or payment of all the defaulting party’s obligations in terms hereof.
Should the aggrieved party institute action against the defaulting party pursuant to a breach by the defaulting party of this Agreement, then without prejudice to any of the rights which the Owner may have, the aggrieved party shall be entitled to recover from the defaulting party all costs incurred by it including legal costs (on the scale as between attorney and own client), tracing fees and such collection commission as the aggrieved party is obliged to pay to its attorneys.
Should the full rental not be paid by the final payment date and should the Tenant not pay the full rental within 24 (twenty four) hours of receiving written notice from the Manager that such amount is due and payable, the Manager shall be entitled to cancel this agreement on behalf of the Owner.
Where agreed, the Tenant hereby agrees to pay a refundable breakage and security deposit on arrival at the Premises. Where a breakage deposit is not paid the tenant agrees to refund the Owner for any breakages that occur. Accordingly, the Tenant undertakes and agrees to sign any documentation required by the Manager in order to freeze the breakage and security deposit. Upon the expiry or earlier termination of this agreement, the Manager shall be entitled to debit the Tenant’s Credit Card with any amount owing by the Tenant to the Owner for any reason whatsoever, and thereafter refund any remaining funds frozen as security. All breakages will be charged at their replacement cost plus and additional charge to absorb administration costs. The Tenant hereby authorizes the owner to utilize their deposit funds where necessary to cover any breakages or damages to the Premises.
The Tenant may under no circumstances whatsoever set-off monies owing by him under the agreement against the breakage and security deposit.
Should the Tenant cancel the agreement at any time after the occupation date but prior to the termination date, the deposit shall be released to the Tenant within 21 (twenty one) days of such cancellation, less any deductions contemplated in terms of the above clauses.
The Tenant shall allow the Manager, at all reasonable times, permission to enter the Premises to inspect same in order to view the condition and state of repair thereof; not sub-let the whole or any part of the Premises to any third party save with the express written permission of the Manager, which permission may be withheld at the Manager’s sole and absolute discretion; not make any alterations or additions to the Premises; not do, or omit to do anything, which could damage the Premises, or render any insurance policy in respect of the Premises void or voidable; refrain from doing anything which is illegal and/or causing any noise or nuisance that would in any way disturb the quiet and peaceful occupation enjoyed by the neighbours of the Premises; use the Premises (including, but not limited to, the garden and/or any portion of the land upon which the Premises is situated) only for residential accommodation and the parking bays only for the parking therein of a motor vehicle; keep and maintain the interior of the Premises in good order and condition; make good any damage caused to the Premises by the Tenant of any visitor of the Tenant; notify the Manager in writing, within 24 (twenty four) hours after the occupation date, of any defects in the Premises, failing which the Tenant shall be deemed to have acknowledged that the Premises was received in good order and condition. The Manager undertakes to remedy such defects (if any) as soon as is reasonably possible; notify the Manager in writing, within 24 (twenty four) hours after the occupation date, of the absence of any of the items on the inventory, failing which the Tenant shall be deemed to have acknowledged that the inventory is true and correct; not cede and/or delegate any of his rights and/or obligations under this agreement; ensure that refuse does not remain on or outside the Premises, save in the place provided therefore; not keep any animals or pets on the Premises; not make duplicates of any of the keys in respect of the Premises, and shall on termination of this agreement, forthwith deliver all keys (including any duplicates thereof) and remote control units to the Manager. For lost keys fees are applicable at a rate determined by the individual property owner. On termination of this agreement, return and deliver to the Owner the Premises in good order and condition (fair wear and tear excepted); and bear the costs of any additional services requested by the Tenant and provided by the Owner and/or Manager which services are not recorded in this Appendix 1. not use the property for any purpose other than standard rental accommodation. Any alternative usage (such as a venue for an event or as a film location) must be agreed in writing with the Manager, prior to occupation, and may be charged at an additional rate.The Tenant undertakes to advise the Manager, as soon as is reasonably possible, of any intended increase in the number of occupants who are to occupy the Premises at any time during the occupation period, as well as the duration of their proposed occupancy of the Premises. It is recorded that any such additional occupants shall only be entitled to occupy the Premises with the express written consent of the Manager, which consent may be withheld by the Manager in its sole and absolute discretion and upon payment of the additional charge per person as set out in the Schedule.
If the Tenant wishes to extend the occupation period, and subject to the Premises being available, this can be arranged with the Manager for an agreed additional rental. Such additional rental shall also be required to be paid in advance and the deposit shall not be used to pay for such additional rental.
Should the Tenant be an alien as defined in terms of the Alien Control Act 96 of 1991, he/she warrants that he/she is in possession of a legal permit issued in terms of said act, which qualifies him/her to rent the Premises. The Tenant hereby indemnifies the Manager and the Owner against any penalty and/or fine arising from such breach of the Tenant’s warranty contained in this clause.
Owner’s Duties, Rights and Obligations
The Manager, duly authorized by the Owner, reserves the right to terminate any bookings/stay, should the Tenant/occupant behave in a manner, which in the Manager’s sole and absolute discretion, is unacceptable or offensive.
The Owner undertakes to, at its own cost, and for the duration of the occupation period:
ensure that the Premises (including all contents therein) is adequately insured against damage, destruction, and/or any loss which the Owner may suffer as a result of theft or break-in during the occupation period.
ensure that the Premises is let with all the furnishings, fittings, appliances, equipment and amenities represented by the Owner as being on or forming part of the Premises;
Premises shall be made available in a good and clean condition and all fittings, appliances, equipment and amenities shall be in sound and good working order.
The Owner further undertakes to and in favour of the Tenant that it has and/or will, as soon as is reasonably possible, advise and/or inform the Tenant, via the Manager, of any facts and/or changes in circumstances which are material to, and/or may affect the Tenant’s use and enjoyment of the Premises. This includes, but is not limited to, any alterations or changes to the Premises or neighbouring properties (including renovations, refurbishing, constructions or reconstructions) which may in any way or manner inconvenience, dissatisfy and conflict with the original expectation of the Tenant.
The Tenant herewith indemnifies the Owner and the Manager/Agent in respect of any claim whatsoever for any loss, damage, claim, theft, accident or injury to the property and/or person of the Tenant or any other person in occupation of the Premises pursuant to the provisions of this agreement, or his/her relative or any third party arising out of the occupation of, or occurring at the Premises during the period which the Tenant/ occupants remain in occupation of the Premises.
The tenant shall not have any claims of any nature against the Manager or the Owner for any loss, damage or injury which the Tenant may directly or indirectly suffer (even if such loss, damage or injury is caused through the negligence of the Manager or the Manager’s servants or employees or the Owner) by reason of any latent or patent defects in the Premises or fire in the Premises or theft from the Premises or by reason of the Premises or any part thereof being in a defective condition or state of disrepair or any particular repair not being effected by the Manager or the Owner timeously or at all or arising out of any defect in the water, gas or electricity supply to the Premises or arising out of vis major or any other cause either wholly or partly beyond the Manager’s control or the control of the Owner or arising from any other cause whatsoever.
The Tenant undertakes to pay to the Manager or the Owner an amount equal to any claim made against the Manager or the Owners by anyone for any loss, damage or injury suffered in or on the Premises in consequence of any act or omission by the Tenant or any persons under the Tenant’s control. The Tenant indemnifies the Manager and the Owner from any constructional work happening around but not on the “Premises’.
The Tenant herewith accepts liability for all minors and all visitors to the property.
Modern Masterpiece Map
*Distances are shown as the crow flies and not necessarily the actual travelling