Terms and Conditions
Terms and Conditions - rental of Billfish Apartments
The Tenant should kindly take note that acceptance of a quotation for accommodation at Billfish Apartments shall constitute acceptance of the terms and conditions as set out below. Acceptance of a quotation for a booking shall serve as declaration of the personâ€™s legitimacy of age to enter into a legal and binding agreement.
Terms and Conditions - rental of Billfish Apartments
The Tenant should kindly take note of the following terms and condition, and sign in full before occupation of any accommodation.
1. Use of the accommodation and any other facilities and amenities at Billfish Apartments (22 Stella Road, Ballito) shall be entirely at your own risk. No guests apart from those booked as residents of 22 Stella Road are permitted on the premises, without prior agreement.
2. POOL AREA:
a. This is a communal area and open for use by all paying guests of Billfish Apartments.
b. The pool area is not open for use or access to any other person/s other than paying guests, and paying guests may not entertain visiting friends in this area.
c. No children under the age of 12 years may enter the pool area without the accompaniment of their parent/s and/or legal guardian/s.
d. All persons that are not capable of swimming, are advised not to enter the pool alone regardless of age.
e. The pool depth is 1.8 meters at the deep end (Road side) and 1.2 meters at the shallow end.
f. NO glass or liquor is allowed inside the pool.
g. The use of any bath towels or any other linen as included in the Unit at the pool or the beach area is strictly prohibited, with the exception of the Pool towels that have been provided which should be used on the sun loungers at the pool area.
h. Please note that there is no swimming after 8pm.
3. Since you may be sharing the facility with other guests, you are kindly requested to consider their privacy and also to keep noise levels as close to normal as possible at all times.
4. We levy a breakage deposit of R1000 (One thousand rand) per unit which is fully refundable if no breakage, severe staining or loss of keys occurred. All cutlery, crockery, and all other fixtures and fittings have been listed in an inventory in the interest of the guests and the owners. Please ensure that you check the entire inventory against the content of the unit upon receipt of the keys, since all losses shall be your responsibility and shall be deducted from your breakage deposit if not reported immediately upon arrival. Should you not report any defects within two (2) hours of your arrival, it shall be deemed that everything was in accordance with the inventory. Should any item be broken or not in the same condition as at date of occupation or not on the premises at the time of your departure, you shall be responsible for the full replacement value of such item(s). The breakage deposit is levied in good faith trusting that our guests shall use the premises with care in order to leave it in the same condition received. The person accepting the quote or signing this document shall be personally liable and responsible for all costs of replacement and/ or repair of all / any damages to the premises that may occur as a result of the act of any of the members of his/ her party. Acceptance of a quote requested shall signify acceptance of the terms and conditions as stipulated in this document.
5. We do accept children.
5b. If the person who has made the booking is NOT one of the guests the names, a copy of the guests ID's must be returned with this document else entry onto the premises will not be permitted and you will forfeit your deposit and payment.
6. Parking in the yard is limited to one vehicle per unit and all additional vehicles shall have to be parked off premises. All cars are parked at owner's risk.
7. Cleaning Service: Apartments will be lightly cleaned on a daily basis between 9.30 and 11.30 on weekdays (not including public holidays)
8. Check in time is 14h00 on any given day and No later than 20:00. Guests must check out before 10h00.
9. Any maintenance or emergencies should be reported to 0648395836 immediately please.
10. No items inside or outside of any unit may be removed from the premises or taken to the beach.
11. PERSONAL LOSS OR INJURY: The owner/s of 22 Stella Road shall not take any responsibility nor be liable for the personal safety of any guest and / or their personal belongings and shall not be held liable for any personal injury, or loss of personal property or damage to any personal property, occurring as a result of the use of any of the facilities at 22 Stella Road and as such the Tenant hereby indemnifies the Owners against any claim of whatsoever nature that the Tenant may have in case of an occurrence.
a. The rate charged is the rate per unit per night and occupancy is restricted to two adults per apartment
b. No person may sleep in any part of the property other than in the designated sleeping areas, being the respective bedrooms and the respective sleeper couches in the Sailfish, Black Marlin and Blue Marlin.
12. The Tenant (Legal Guardian), by signing these Terms and Conditions, hereby agrees to take full responsibility and be fully liable for any loss or damage to the entire section and content of such section occupied by him/ her or any member of his/ her party under this agreement.
13. In view of the above, no additional person/s may be accommodated in any of the units by day or night. By signing this document the client commits to honoring this and agrees that dishonoring of this clause by allowing more than the said number of people to occupy any of the said units at any given time, shall signify breach of the entire agreement and shall result in immediate eviction and vacation of the property as well as forfeiture of all funds paid including breakage deposit. The Tenant hereby acknowledges that this clause is fair and reasonable and such actions are deemed to be dishonesty and material to the determination of rates.
14. Since we value our customers, the owners of Billfish Apartments have taken every precaution to make your stay as pleasant as possible, thus we request your co-operation and assistance in that we require you to report any abnormality to us at your earliest convenience.
In the event that any person makes him- / her-self guilty of any form of misbehavior resultant from the excessive intake of alcohol, and /or the intake/ use of any forbidden substances, it shall result in immediate eviction and vacation of the property as well as forfeiture of all funds paid including breakage deposit. The Tenant hereby acknowledges that this clause is fair and reasonable and such actions are deemed to be unacceptable. In view of the content of this clause, the playing of loud music, mass partying and loud conversation is strictly prohibited. Please note no Stag/Bucks/Hen parties are permitted.
16. Legal and jurisdiction:
a) Should the owners of Billfish Apartments have to pursue and prosecute the tenant in a court of law for any damage or loss, or breach resultant from this agreement, it is agreed that the tenant shall bear all legal costs on an attorney and own client scale.
b) The Tenant chooses the permanent residential address and e-mail address as indicated below under the clause Personal Information as Domicilium citandi et executandi as his address at which address all notice and legal process in relation to this Agreement or any action arising there from may be effectual delivered and served.
17.1 The parties agree to the jurisdiction of the magistrate's court in connection with any action or suit arising from this Agreement or the cancellation thereof.
17.2 Should two or more persons sign this Agreement as LANDLORDS or TENANTS, the said persons shall be liable in solidum for the due performance of their obligations in terms of this Agreement.
17.3 This Agreement constitutes the sole and entire agreement between the parties and no warranties; representations, guarantees or other terms and conditions of whatsoever nature not contained herein, shall be of any force or effect.
17.4 No indulgence which either party (â€œthe grantorâ€) may grant to the other (â€œthe granteeâ€) shall constitute a waiver of any of the rights of the grantor who shall not hereby be precluded from exercising any rights against the grantee which may have arisen in the part or which might arise in the future.
17.5 No variation of the terms and conditions of this Agreement or any consensual cancellation thereof shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorized agents.
17.6 The LANDLORD hereby warrants that all consents required in terms of the Matrimonial Property Act 88 of 1984 have been duly furnished.
17.7 This Agreement shall be duly concluded upon signature thereof by the LANDLORD and the TENANT, without it being required that the fact of the LANDLORD'S signature be communicated to the TENANT.
17.8 If you have any deliveries to the property (ie Takeaways), or have called a taxi. Please ensure that you meet them at the gate. This ensures the security of the property, and makes sure that there is no accidental damage to their vehicles due to gates closing etc.
18 GATE AND KEYS.
18.1 If the keys are lost there will be a R500 charge to have a new lock inserted and new keys cut.
18.2 All fees for lost items must be paid before access is provided to Billfish Apartments.
19 COVID RESTRICTIONS.
19.1 If you have to cancel your booking due to Covid - 19 travel restrictions, we will pay back the full amount that was paid to Billfish Apartments, by the guest or any booking platform.
Or the guest can postpone his/her dates.