TERMS AND CONDITIONS 

We have made a serious investment in providing holiday accommodation for people in pursuit of peace, privacy and harmony with nature. We are committed to a consistent delivery of very good quality in the overall standard of furnishings and service. We are also aware that our clients regard their holiday at La Retraite as a serious investment. The following terms and conditions are based on international standards and are intended to protect our investment as well as the rights of our current and future clients.

• La Retraite: Dr. D.T. Nel trading as La Retraite Wilderness, the provider of holiday accommodation at 897 8th Avenue, Wilderness, South Africa.

• Principal tenant: the other party, who rents the holiday accommodation.

1.        GENERAL TERMS

1.1.      These terms and conditions are binding to both La Retraite and the party who concludes the rental agreement with La Retraite. 

1.2.      The principle tenant is liable for the whole group, including guests.

1.3.      La Retraite agrees to provide the agreed accommodation, as described on the La Retraite Internet site.

2.1    Reservations may be made by telephone, post or through the Internet. All of the above methods are binding on both parties.

3.1.      After making the reservation, the principal tenant will receive two copies of the rental agreement. The principal tenant must sign one copy and fax or return it to La Retraite within 3 working days of receipt. On signing the agreement, the principal tenant is, like La Retraite, bound to adhere to the terms of the rental agreement, in particular the payment instalments as noted in the rental agreement.

 3.2.      The rental agreement will state the following: rental period, maximum number of people for overnight stay, rental price, reservation deposit and all service charges to be paid on site, as stated in the price list.

4.1.      The prices stated are the basic rental prices.

4.2.      Water and electricity costs, garden services, and one cleaning service are included in the basic rental prices. La Retraite is able to offer more cleaning services by prior arrangement.

4.3        Additional cleaning services, the end cleaning service and telephone costs are excluded. Pre-paid vouchers for the telephone can be bought at the Caltex StarMart 1 Km from La Retraite.

 4.4       All the above costs will be confirmed in your rental agreement.

5.1.      The principal tenant is required to pay a reservation deposit of 50% of the rental sum within 7 days of receiving the rental agreement.

5.2.      The principal tenant will pay the balance of the rent at least 4 weeks before arrival. Exceptions can only be made by agreement with La Retraite, and only after the principal tenant has received written confirmation.

5.3.      If a booking is made within 4 weeks of the date of arrival, the principal tenant will pay the full amount, on receipt of the rental agreement.

5.4.      When La Retraite has received the above payments, they will send the principal tenant a proof of payment. On the proof of payment you will find the name and address of the caretaker who will welcome you on arrival, where you can pick up the keys and the address of the holiday home (897 8th Avenue, Wilderness). All service charges are stated on the proof of payment.

The maximum number of people (incl. children) permitted to stay in the accommodation overnight is stated in the house description (8 persons). If this number is exceeded, the rental agreement will be terminated and admittance to the house will be denied, without refund of the rental sum. Exceptions can only be made by agreement with La Retraite, and only after the principal tenant has received written confirmation. The principal tenant is liable for any damage caused by exceeding the maximum number of tenants.

7.1.      The principal tenant and their guests are required to treat the rented holiday home with due care, respecting the peace of the local environment. If the tenants fail to comply with this requirement or cause serious obstruction or nuisance to the local environment, they may be denied further access to the holiday home, thereby breaking the rental contract, with no legal claim to any refund of the rental sum.

7.2.      If the principal tenant or their guests inadvertently damage either the rented house or its contents, the damage should be reported to the caretaker immediately. The principal tenant should pay the costs of repairs and replacement immediately. The principal tenant is liable for any damage caused by co-tenants or visitors.

7.3.      The principle tenant is legally responsible for any persons using the accommodation during the rental period  and is also legally responsible for any damage caused by any such third party.

7.4.      Cleaning on departure should be arranged by the principal tenant unless otherwise stated. The holiday home should be left "spotlessly clean" on departure. Crockery and cutlery should be left clean in the appropriate cupboards. Furniture that has been moved should be returned to its original position. The caretaker reserves the right to make an extra charge if the tenants do not fulfil these requirements. The caretaker has the right to charge extra cleaning costs, should extra time (more than usual) be needed to prepare the house for the following guests.

7.5.      All bed linen and towels are provided including beach towels.

7.6      The house rules will be followed to the letter and are part of the rent contract.  No smoking is allowed in the house.

8.1.      Unless otherwise stated on the proof of payment, the principal tenant will collect the house keys between 16.00 and 18.00 hours on the due date of arrival. The tenant should contact the caretaker/owner to make other arrangements for arrival at other times. (Address and contact details on the proof of payment). Unless otherwise stated, tenants will be required to vacate the accommodation on the departure date between 09:00 and 10:00 hours (Sundays 20.00 hours).

8.2.      The caretaker/owner will ensure that the house is in a clean and orderly state on your arrival. If you have any comments or complaints, these should be reported to the caretaker/owner within 24 hours by phone.

9.1.    Cancellations and modifications by the tenant:

Every client who has made a booking is entitled to 7 days’ cooling-off period from the time of booking. The cooling-off period is not applicable if the date of stay falls within 1 calendar month of the booking. All cancellations must be confirmed in writing to La Retraite. 

9.1.1. The following amounts will be payable by the principal tenant if he/she cancels the rental agreement:

• cancellation from the day of the booking up to 42 days before the arrival date: 30% of the rental sum

• cancellation from the 42nd day up to the 28th day before the arrival date: 60% of the rental sum.

• cancellation from the 28th day up to the arrival date: 90% of the rental sum.

• cancellation on the arrival date: the full rental sum

9.1.2. The principal tenant may provide an alternative tenant for the same rental period. Provided all payments have been paid, the principal tenant is only required to pay the modification charges and not those normally incurred by cancellation. The terms and conditions as applied to the original tenant will apply to the replacement tenant.

9.1.3. The principal tenant is permitted to request modifications to the rental agreement up to the commencement of the rental period. Where possible these modifications will be honoured. La Retraite will charge for modification and cancellation (see 9.1.5) costs. The principal tenant must send a written request for any modification/replacement to La Retraite at least 7 days before the due date of arrival, so that La Retraite can complete all the necessary formalities.

9.1.4. Both the replacement tenant and the original tenant are liable to La Retraite for payment of the remaining costs of the total costs of the holiday, including the previously mentioned modification and cancellation costs.

9.1.5. La Retraite will charge 35 Euros for a modification.

9.2.     Cancellation by La Retraite:

9.2.1. Legal termination of the rental agreement. La Retraite reserves the right to terminate the rental agreement in the following circumstances:

• the principal tenant has not met the agreed payment instalments - even after La Retraite has sent written reminders by e-mail or fax.

• the principal tenant has not paid the deposit by the agreed date.

• the principal tenant does not adhere to these terms and conditions during his / her stay in the holiday home.

9.2.2. In cases of force majeure such as war, strikes, natural disasters, nuclear disasters, extreme weather conditions etc., La Retraite reserves the right to cancel the reservation without compensation. Should La Retraite be forced, through no fault of their own, to cancel, the principal tenant will have the right to choose between alternative accommodation or a refund of the rental sum paid. In both cases the tenant gives up any further rights.

10.1.   Notwithstanding the efforts of La Retraite, it is possible that the principal tenant judges that they have a valid complaint regarding the rented holiday home.

10.2. Complaints procedure: The principal tenant will notify the caretaker/owner immediately (within 24 hours at the latest) of any complaints that arise regarding the house, either on arrival or during the stay. The caretaker/owner is required to do everything possible to deal with the complaint.

11.    LA RETRAITE'S LIABILITY

11.1.   La Retraite undertakes to provide assistance to the principal tenant in the event of difficulties as far as this can reasonably be expected.

11.2.   La Retraite is not be liable for the illegality or unenforceability of the agreement under South African or foreign law.

11.2.1. La Retraite is therefore not liable for temporary water or electricity failure, etc. Neither is La Retraite liable for changes made to access roads, traffic connections, moving and/or closure of local shops, businesses, beach paths etc.

11.2.2. La Retraite is also not liable for any building or construction work surrounding the holiday home in so far as these works have not been made known in advance (In many countries there is no legal obligation to give prior notice of such activities).

11.3.   La Retraite is not liable for damage caused by the illegality or unenforceability of the rental agreement in so far as this can be attributed to the principal tenant.

11.4.    La Retraite cannot be held responsible for any losses, theft, damage or injury of any kind occurring to the renter or parties thereof in connection with the rented accommodation from La Retraite.

11.5.   La Retraite is not liable in cases of force majeure (war, military activity, strikes, natural disaster, nuclear disasters etc.)