Short‑Term Rental Terms & Conditions (South Africa)

 
Draft date: 12 August 2026

Important (CPA s49 attention notice): Certain clauses below limit risk or liability, allocate risk to you, or require you to indemnify us. Please read clauses 3.7, 5.4–5.7, 7.6, 9, 10, 13, and 14 carefully and acknowledge them when booking.
 

1. Definitions

 
1.1 Host / Supplier:  Helderberg Realty (Pty) Ltd , reg. no.  2023/178798/07 , VAT no.  4530317298 , with registered address at 7 Bright Street, Somerset West, Cape Town, South Africa, 7130.
1.2 Guest / You: the person making the booking (and each Co‑Guest listed on the booking).
1.3 Unit: the short‑term rental unit described in your booking confirmation (apartment, cottage, cabin, etc.).
1.4 Price: the total ZAR amount payable for the stay, including any listed fees and taxes.
1.5 Security Deposit: a refundable amount held as security for loss/damage as set out in clause 4.
1.6 House Rules: rules applicable to the Unit and common property (Annexure A).
1.7 HOA/Body Corporate Rules: any rules applicable to the building/estate.
1.8 Force Majeure: events beyond a party’s reasonable control (e.g., severe weather, strikes, public utility outages, load‑shedding, acts of authority).
1.9 Booking Platforms: third‑party platforms (e.g., Airbnb/Booking.com); their terms apply in addition to these T&Cs where used.
 

2. Formation of Contract & Information

 
2.1 A binding contract forms when we send a written booking confirmation.
 2.2 We provide clear, written information about the Unit, facilities, total Price, inclusions/exclusions, and key House Rules before you pay.
 2.3 If any pre‑contract information materially changes before check‑in, we will notify you in writing; you may cancel without a fee if the change is material.
 2.4 By booking, you confirm you have authority to bind all Co‑Guests and that all will comply with these T&Cs and House Rules.
  

3. Price, Currency & Payment

 
3.1 Prices are stated in South African Rand (ZAR) and VAT‑inclusive where applicable. A price breakdown shows what is included (e.g., cleaning, linen, parking) and any optional extras.
3.2 We may adjust prices prospectively for future stays due to changes in taxes/levies or clearly disclosed cost drivers; your confirmed booking price will not change, except as allowed in 3.3.
3.3 If a government tax/levy applicable to your stay is introduced or increased after booking, we may pass through that change with notice and supporting proof.
3.4 Payment methods and due dates appear on the invoice/checkout page.
3.5 Late payments accrue interest at the Prescribed Rate of Interest Act rate (simple interest, calculated daily, payable monthly in arrears).
3.6 We may refuse access if the full balance is unpaid at check‑in.
3.7 (s49) Cardholder/bank fees, exchange losses, or platform service fees are for your account.
 

4. Security Deposit & Pre‑authorisation

 
4.1 A Security Deposit may be pre‑authorised or collected before check‑in via an agreed payment channel.
 4.2 We may deduct reasonable amounts for: (a) repair/replacement of damaged, missing, or excessively soiled items; (b) extra cleaning beyond normal turnover; (c) lost keys/remotes/access cards; (d) unapproved late checkout; (e) rule breaches causing costs (e.g., HOA fines).
 4.3 We will provide a statement of deductions and refund the balance within 7 business days of checkout (or platform timelines if booked via a platform).
4.4 Deposits are not a cap on liability; see clause 10.
 

5. Cancellations, No‑Shows & Refunds (CPA s17)

 
5.1 You may cancel at any time before check‑in by written notice.
5.2 We may charge a reasonable cancellation fee as contemplated by section 17 of the Consumer Protection Act (CPA), considering: (a) notice given; (b) our ability to re‑let; (c) the nature/duration of the booking; (d) anticipated general occupancy; and (e) direct costs incurred.
5.3 Guideline schedule (not a penalty):
- 31+ days’ notice: up to 10% of the Price
- 15–30 days: up to 50%
- 7–14 days: up to 75%
- <7 days or no‑show: up to 100%
Actual fees may be lower where we mitigate loss by re‑letting.
5.4 We will provide a written calculation statement and credit you for any period we successfully re‑let.
5.5 If we must cancel for reasons within our control, you receive a full refund; for Force Majeure, see clause 14.
5.6 (s49) Platform‑specific cancellation terms may apply where you booked through a platform; the stricter consumer‑favourable term will apply.
5.7 Early departure after check‑in is treated as a cancellation of remaining nights; we will attempt to re‑let and credit where possible.
 

6. Check‑in/Check‑out, Occupancy & Visitors

 
6.1 Check‑in from 10AM; check‑out by 2PM (unless agreed otherwise in writing).
 6.2 Maximum overnight occupants: limited to the number of guests booked as per the reservation, including children, unless otherwise agreed in wiriting.
 6.3 Visitors must be pre‑approved; no parties/events without written consent. 
6.4 You must comply with all HOA/Body Corporate rules. Serious or repeated breaches may lead to eviction (clause 13).
6.5 No sub‑letting or transfers.
6.6 You remain responsible for all Co‑Guests/visitors.
 

7. House Rules & Use of the Unit

 
7.1 No smoking inside. Dispose of cigarette butts safely outside where permitted.
 7.2 Pets only by prior written approval and subject to additional cleaning fees and HOA rules.
 7.3 Use appliances and amenities only as intended.
 7.4 Report any maintenance issues promptly; do not self‑repair.
 7.5 Do not tamper with security systems, meters, routers, or network equipment.
 7.6 (s49) Unauthorised activities (e.g., commercial filming, illegal downloads, unlawful conduct) are prohibited and may result in immediate eviction and charges for losses/fines.
 

8. Condition, Maintenance & Damage

 
8.1 We deliver the Unit in a clean, good condition with functioning essential services (subject to clause 9).
 8.2 On arrival, please report any material defects within 6 hours to avoid attribution.
8.3 You must take reasonable care to prevent damage and to leave the Unit in a tidy state.
8.4 Accidental damage: notify us as soon as possible so we can mitigate further loss and treat fairly under clause 4.
 

9. Utilities, Load‑shedding & Backup Power

 
9.1 Municipal electricity/water supply and national load‑shedding are outside our direct control.
 9.2 Where provided, backup systems (e.g., inverter/solar/UPS) are for essential loads only (lighting, Wi‑Fi, select plugs). High‑draw devices (e.g., portable heaters, kettles, hairdryers) may not be used on backup circuits.
9.3 Fair‑use: Please conserve during outages to preserve battery capacity. Breach may lead to costs where damage occurs.
9.4 We do not guarantee uninterrupted utilities, but we will take reasonable steps to mitigate (e.g., provide lanterns, instructions).
 

10. Liability & Risk Allocation

 
10.1 Public liability insurance appropriate for short‑term accommodation is the responsibility of the property owner.
10.2 We do not exclude or limit liability for death, personal injury, gross negligence, or wilful misconduct.
10.3 (s49) To the extent permitted by law, we are not liable for loss/damage arising from events beyond our reasonable control (including load‑shedding, municipal outages, or Force Majeure), or for loss of your personal property. Use of facilities (e.g., pools, braais) is at your own risk.
10.4 You are liable for loss/damage caused by you/your Co‑Guests/visitors where attributable to your acts/omissions.
10.5 Vehicles/contents are parked at owners’ risk unless loss is due to our gross negligence/wilful misconduct.
 

11. Personal Information (POPIA)

 
11.1 We process personal information to manage bookings, verify identity, comply with law, secure the premises, and communicate with you.
 11.2 We share data only with service providers under contract or where required by law. Cross‑border transfers (if any) use lawful safeguards.
 11.3 You may request access/correction/deletion where appropriate; contact: support@sothebysrealtyshortstay.co.za. Our privacy notice is available on request.
 

12. Safety & Compliance

 
12.1 We comply with applicable SA laws, SANS standards, municipal by‑laws, and building/fire/gas requirements.
 12.2 Safety features (e.g., fire extinguisher, first‑aid kit) are provided where appropriate; please locate them on arrival.
 12.3 Children must be supervised, particularly near pools/balcony/BBQ/braai.
  

13. Early Termination & Eviction (Misconduct)

 
13.1 We may terminate the stay with immediate effect for serious breaches (e.g., nuisance, dangerous or unlawful conduct, overcrowding, repeated HOA violations).
 13.2 On termination, you must vacate promptly upon written notice. We will refund unused nights only if we are able to re‑let (mitigation applies).
 13.3 Police/security may be called where safety or by‑law breaches occur.
  

14. Force Majeure

 
14.1 Neither party is liable for failure/delay caused by Force Majeure.
 14.2 We may offer to move dates or credit amounts paid towards a future stay (subject to availability and reasonable time limits).
 14.3 If performance becomes impossible, either party may cancel; we will provide a fair refund after deducting irrecoverable costs actually incurred.
  

15. Disputes & Governing Law

 
15.1 These T&Cs are governed by the laws of the Republic of South Africa.
15.2 You may refer disputes to the Consumer Goods and Services Ombud (CGSO), the National Consumer Commission/Tribunal, or any court with jurisdiction (including Small Claims or Magistrates’ Court).
15.3 Nothing limits your right to approach a competent court or tribunal.
15.4 Please raise complaints with us first so we can resolve them quickly.
 

16. Amendments

 
16.1 We may update these T&Cs from time to time. Material changes that apply to an existing booking will be communicated in writing; if they adversely affect you, you may cancel without a fee.
 16.2 Any waiver or variation must be in writing.
  

17. Contact Details

 
17.1 Host: Sotheby's Realty Short Stay
 17.2 Email/Phone: support@sothebysrealtyshortstay.co.za/+27 21 851 4450
 17.3 Physical address: 7 Bright Street, Somerset West, Cape Town, South Africa, 7130
 

Annexure A – House Rules 

 
A1. Quiet hours 22:00–07:00; respect neighbours.
A2. No parties/events without written approval.
A3. No smoking indoors; ashtrays provided outside where permitted.
A4. Pets by prior approval only; pick up after pets.
A5. Use of pool/braai/BBQ at own risk; children supervised at all times.
A6. Waste & recycling: follow on‑site instructions; no littering.
A7. Parking: only in designated bays; no blocking other units.
A8. Keys/remotes/cards: loss fee R250 each.
A9. Check‑out: wash dishes, place refuse in bins, return keys; late checkout R 500/hour if unapproved.
A10. Internet: lawful use only; no illegal downloads.
 

Annexure B – Deposit & Fees Schedule 

 
B1. Security Deposit: Dependent on accommodation type and agreement
 B2. Extra cleaning (excessive): from R1000.
B3. Linen replacement (per item): R500.
B4. Key/remote/access card replacement: R250.
B5. HOA fines passed through at cost (plus reasonable admin fee R150 if applicable).
B6. Unapproved late checkout: R 500/hour (subject to availability).