This home is close to Long beach, The Green Room, The Lighthouse Pub and Grill (Pty) Ltd, Fisherman's Kommetjie. You’ll love my place because of The location, immaculate attention to detail and proximity to all the surf spots in Kommetjie. It s also a very child-friendly home..
1. 4. MAXIMUM OCCUPANY:
2. 4.1 The use and enjoyment of the Premises is restricted to the Occupancy Parties.
3. 4.2 Subject to clause 4.1 above, the Landlord may consent to a daily visit of no more than 4 (four) persons. The Tenant must make such request at least 1 (one) day in advance.
4. 4.3 In the event of the Landlord failing to give consent for whatever reason or where the number of daily visitors exceeds the amount stipulated in clause 4.2, the Tenant will be liable to pay a penalty per daily visitor.
5. 4.4 No person other than the Occupancy Parties will be entitled to occupy the Premises overnight in any circumstances whatsoever. The failure to comply with same will result in the Tenant being liable for a full night’s rental for the additional person/s.
7. 5. OCCUPANCY PARTIES
The persons listed below are the only persons entitled to occupy the Premises overnight for the duration of the lease and the Tenant assumes responsibility for the compliance by such persons with the terms of this Agreement.
1. 10. TENANT’S RIGHTS AND OBLIGATIONS
2. 10.1 Smoking
1. 10.1.1 is strictly prohibited inside the house
2. 10.1.2 should the Landlord reasonably suspect that the Tenant has been smoking in the house the Landlord may deduct the steam cleaning costs from the Deposit
3. 10.2 Pets
1. 10.2.1 are not permitted on the premises without the landlord’s prior written approval
4. 10.3 Safety & insurance:
1. 10.3.1 the Tenant must ensure that all windows, doors, entrances, gates and/or garage doors are locked in the event of the Premises being left unattended and where the Premises is equipped with a fully functional security alarm, the Tenant must ensure that the alarm is fully activated
2. 10.3.2 the Tenant acknowledges that he/she will be liable for his/her failure and/or the failure of any of the Occupancy Parties and/or other guests to properly secure the Premises and/or such parties doing or causing to be done anything on the Premises which results in the repudiation of any insurance claim instituted by the Landlord for loss resulting from fire, theft (or otherwise) under its household insurance policy. The Tenant accordingly indemnifies, and will be personally liable to the Landlord for any loss or damage suffered by the Landlord as a result of such repudiated claim
3. 10.3.3 the Tenant hereby acknowledges that the Premises does contain inherent dangers (including but not limited to a swimming pool) and the Tenant hereby agrees to use such Premises at his/her own risk. The Tenant further assumes all liability for any damage or loss suffered by any of the Occupancy Parties or other guests as a result of their occupancy and/or use of the Premise
4. 10.3.4 the Tenant is responsible for the safety of all property owned, borrowed or rented by him, the Occupancy Parties or any of the guests which is used at or kept on the Premises, including where applicable, vehicles
5. 10.4 Nuisance
1. 10.4.1 the Tenant shall refrain from doing anything, including creating an excessive noise level, which may constitute being nuisance to the neighbours
6. 10.5 Notification of defect
1. 10.5.1 the Tenant shall notify the Landlord in writing within 12 (twelve) hours after the Occupancy Date of any defects in the Premise
2. 10.5.2 the tenant shall, if it has not notified the Landlord as aforesaid, be deemed to have acknowledged that the Premises was received in good order and condition and the Tenant shall have no claim against the Landlord for any defect which may subsequently be found therein
7. 10.6 No assignment, sub-leasing et
1. 10.6.1 the Tenant shall not cede any of its rights, delegate any of its obligations or mortgage, pledge or encumber in any way whatsoever any of its rights under this Agreement without the Landlord’s prior written consent
2. 10.6.2 the Tenant shall not sublet, permit anyone else to occupy, or part with possession of the Premises or part thereof without the Landlord’s prior written consent
8. 10.7 Refuse control
1. 10.7.1 the Tenant shall maintain all bins and containers in good order and condition and shall ensure the refuse is kept neat and tidy and shall prepare the same for collection in the manner and the time stipulated by the Landlord
2. 10.7.2 the Tenant shall ensure that refuse does not remain on or outside the Premises or permit the accumulation of refuse in or outside the Premises save for in the refuse bins and containers referred to in this clause 10.7.1
9. 10.8 No direct contact with the Registered Owner of the Premises
1. 10.8.1 The Tenant shall not, in any circumstance whatsoever directly contact and/or otherwise deal with the registered owner of the Premises
2. 10.8.2 In the event of the Tenant failing to comply with clause 10.8.1 above, he/she shall be liable to the Agent for any Commission the Agent would have earned had the respective parties not dealt directly with one another.
10. 10.9 No claim
1. 10.9.1 The Tenant shall not have any claim of any nature against the Landlord for (without any limitation) 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 Landlord or the Landlord’s servants or employees) by reason or any latent or patent defects in the Premises or building on or in which the Premises is situated;
2. fire in the Premises or building;
3. theft from the Premises;
4. by reason of the Premises or building or any part there of being in a defective condition or state of disrepair or any particular repair not being effected by the Landlord timeously or at all;
5. arising out of the functioning or malfunctioning of the air-conditioning (if any) serving the Premises;
6. arising out of vis maior or casus fortuitus or any other cause either wholly or partly beyond the Landlord’s control;
7. arising out of any act or omission by any other tenants of the building;
8. arising from any other cause whatsoever
Limitation of liability
1. 10.10.1 Notwithstanding anything to the contrary contained in this Agreement, the Landlord’s maximum liability to the Tenant for any claim/claims of whatsoever nature and howsoever arising shall be an amount equal to the Rental paid by the Tenant to the Landlord
12. 10.11 Notices and domicili
1. 10.11.1 The Tenant chooses as his domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement its address set forth in clause 1 (one) of this Agreemen
2. 10.11.2 Any notice which is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery or where transmitted via e-mail, shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee within one hour after receipt of transmission
3. 10.11.3 Notwithstanding the provisions of clauses 10.11.1 and 10.11.2, in the event that a written notice or any process is actually received by the Tenant, such receipt shall be valid for all purposes under this lease notwithstanding that it was not received at a party’s chosen domicili
1. 10.12.1 This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa2. 10.12.2 No variation of this Agreement shall be of force or effect unless it is in writing and is signed by both the Landlord and the Tenant
3. 10.12.3 This Agreement contains all the terms and conditions of the agreement between the Landlord and the Tenant. The parties acknowledge that there are no understandings, representations or terms between the Landlord and the Tenant in regard to the letting of the Premises other than those set out herein
4. 10.12.4 No act of relaxation on the part of the Landlord in regard to the carrying out of any of the Tenant’s obligations in terms of this Agreement shall prejudice or be deemed to be a waiver of any of the Landlord’s rights in terms hereof
5. 10.12.5Any provision in this lease which is or may become illegal, invalid or unenforceable in any jurisdiction shall be severed from the balance of this Agreement, without invalidating the remaining provisions.
Hi, my name is Frankie and I live in Kommetjie with my husband and two sons - we think this is the best place in the World and feel privileged to raise a family here. Please feel free to contact me should you require any information or would like to discuss any of the houses listed. I hope that you have a wonderful stay in our beautiful village and I am sure I shall see you again and again.