Terms and conditions of rental and occupation

1. Definitions Applicable to the Tenant Confirmation Advice form, unless inconsistent with or otherwise indicated by the context are:

1.1 Cancellation Charges means the cancellation damage payable by the Tenant as set out in paragraph 5.2 below

1.2 Confirmation Date means the date on which the original or faxed copy of the duly signed Tenant Confirmation Advice form is received by the Agent and there has been receipt of the non-¬‐refundable Deposit, or, it applicable, compliance with clause 8 of the Rental Agreement, into the Nominated Bank Account.

1.3 Due Date means the date on which the balance of the Rental Amount becomes due, owing and payable.

1.4 Receipted Payment means when the respective payments made by the Tenant are reflected as credits in the Nominated Bank Account.

1.5 Notice of Confirmation of Booking means the acknowledgement of the Agent sent to the Tenant that there has been Confirmation of Booking.

1.6 Occupants means all the persons, including the Tenant, staying over--night in the premises during the occupation Period.

1.7 Tenant Confirmation Advice form means the document headed Tenant Confirmation Advice which read with and incorporating the terms and conditions as set out in this document.

1.8 The Parties mean the Owner and the Tenant


2. Rental of the Premises

In order to secure the rental of the Premises, the Tenant shall:

2.1 Email the signed Tenant Confirmation Advice form to the Agent ; and

2.2 Electronically transfer the stipulated Deposit, of the full Rental if required in terms of Clause 8.2 below, into the Nominated Bank Account or deposit same by such other manner as agreed with the Agent.


3. Payment of Balance of the Rental

3.1 In order to sustain the rental of the Premises, the Tenant shall electronically transfer the Balance of the Rental into the Nominated Bank Account before and by no later than 10 (ten) days prior to Occupation Date. Any other form of payment that incurs costs from the bank will be charged to the tenant’s account. This includes cash deposit fees and credit card fees.

3.2 In order to be given Occupation on arrival, the Tenant shall

3.2.1.1 Electronically transfer into the Nominated Bank Account the Refundable Breakage and Security Deposit, 10 (ten) days prior to the Occupation Date

3.2.1.2 By prior arrangement with the Agent, the Tenant may affect payment of the Refundable Breakage and Security Deposit to cover the sum of the Refundable Breakage and Security Deposit. This shall be done by freezing such amount on the Tenants credit card giving a card imprint in favour of the Agent, and signing an authorisation document agreeing to the above.

3.3 The Owner reserves the right to immediately cancel the booking should the balance not be paid by the due date and to levy Cancellation Charges as detailed in Clause 5.3 below.


4. Changes to Rental

4.1 Should the Tenant request minor changes to the Rental Agreement, in writing, 30 (thirty) or more days prior to Occupation, the Agent together with the Owner shall, in their sole discretion, and where reasonably possible, accommodate the requested changes.

4.2 The Agent shall be entitled to charge an amount of R300.00 (Three Hundred Rand) in respect of each change to the rental Agreement.

4.3 Name changes of the Tenant may be treated as a cancellation and shall be subject to Cancellation Charges.

4.4 Should a Tenant choose to modify their holiday arrangements after commencement of the holiday, i.e. change of accommodation or the duration of stay, they shall be deemed to have breached this Agreement and the Owner shall not accept any liability whatsoever for any loss, damage or additional expenses incurred by the Tenant for any changes referred to in Clause 4.4 above and no refunds for unused services or arrangements shall be made payable or available to the Tenant.


5. Cancellation of Holidays by Tenant

5.1 Any requests for changes to or cancellation of the Tenant Confirmation Advice shall not be accepted if made verbally and must be reduced to writing and addressed to the Agent directly for the attention of the Owner and delivered by secure E-¬‐Email, Registered Post or by Fax, by the person who signed the Rental Agreement.

5.2 Cancellations shall only become effective upon the receipt of the written notification by the Agent.

5.3 The Tenant shall be liable for Cancellation Charges as follows:

Cancellation within less than 7 days of the commencement date or during the let forfeits the full rental.

Cancellation within 7 to 30 days of the commencement date forfeits the full deposit.

Cancellation within 31 to 60 days of the commencement date forfeits 50% of the deposit.

Cancellation within 61 to 90 days of the commencement date forfeits 25% of the deposit.

Cancellation at any other time will incur a cost of 10% of the deposit to cover administration and bank charges.

5.4 A refund shall only be considered in the event that the Agent has been able to re-‐let the accommodation.

5.5 Tenants are advised to take out holiday insurance covering the Tenant’s own liability and cancellation / curtailment risk for any reason.

5.6 Some properties may be subject to Cancellation Charges which differ from these detailed above and Tenants shall be advised at the time of booking of any difference.

5.7 In the event of a cancellation charge arising, the amount due must be paid by the Tenant within 7 (seven) days of the charge arising, notwithstanding the fact that any charges may be covered by his / her insurance policy.


6. Cancellation by the Owner

The Owner reserves the right to cancel this Rental Agreement under the following circumstances:

6.1 If the premises are rendered unsuitable by Force Majeure, including but not limited to fire, flood, or act of God, then in such case the Agent shall make every effort to find an alternate booking arrangement of a similar standard, if available, or the Owner shall repay to the Agent on demand the pro rata portion of the Rental in relation to the Occupation Period during which the Tenant is not able to occupy and enjoy the reasonable usage of the Premises.

6.2 If, at the Due Date, the Tenant has failed to pay the balance of the Rental due and remains in default despite the Agent giving 48 (forty eight) hours notice to rectify the omission, then the Owner shall be entitled to cancel this Agreement, in which case the Cancellation Charges as described in Clause 5 above shall be applicable.

6.3 If, before or during the Occupation Period, the Owner 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 Agent shall reimburse a pro rata portion of the Rental for the period that the Tenant did not occupy the Premises. In the case of the funds already having been transferred into the Owners account, the Agent will make every effort to ensure that the Owner will transfer these funds either into the Agent’s account or directly into the Tenants bank account. The Agent will not be held liable for funds already transferred in good faith through to the Owners account. The Agent may at his discretion reimburse the Tenant the commission claimed.

6.4 Provided that the Owner complies with rental conditions in Clause 6.1 and 6.2 above, the Owner shall not be liable for any breach of this agreement and any claim that may arise or result from any inconvenience suffered by the Tenant.


7. Death, Personal Injury or Loss of Property

7.1 Neither the Tenant, Occupants or their guests shall have any claim against the Agent, Owner, any of its directors, employees, agents, affiliates, or consultants for any loss, damage or injury which the Tenant or any other person whatsoever may directly, or indirectly suffer by reason of any latent or patent defects in the premises or building, or fire in the premises of building, or failure in the supply of water, electric light, power or gas arising from any cause whatsoever, or theft from the premises of by reason of the premises or any part thereof being in a defective condition or state of disrepair of any particular repair not being affected by the Owner timeously or at all, or arising out of viz major or “causus fortuitous” or any other cause either wholly or partly beyond the Owner’s control, or arising out of any act or omission by any other tenant of the building.

7.2 Most properties have dangers such as swimming pools, dry stone walls, steep staircases, unfenced drops etc, so the occupants and guests to the premises must take care. All swimming pool usage is at the Tenants and Occupants’ own risk. Children must always be supervised by adults

7.3 The Tenant and his party must provide their own comprehensive travel, medical and other insurance which must be in force for the whole rental period.

7.4 The Tenant and Occupants shall accept full responsibility for any accidents caused by or arising out of their own negligence, misuse of property or failure to comply with applicable statutes and regulations. Equally, no claims of any sort shall be entertained by the Owner or Agent in the event of incidents occurring whilst Occupants or guests are under the influence of alcohol or any drugs, whether therapeutic or not.


8. Occupancy

8.1 The Premises shall be available from 14:00 hours on the first day of the Occupation period.

8.2 Occupants and any guests are to leave the premises before 10:00 hours on the Termination Date, failing which the Owner has the right to charge the Tenant for an extra day (or longer where applicable).

8.3 The Tenant shall notify the Agent within 2 (two) days after the Occupation date, of any defect in the premises or the absence of any item on the inventory, failing which the Tenant shall be deemed to have acknowledged that the premises were received in good order. The Owner, through the Agent, will arrange for rectification within 48 (forty eight) hours, or such other period as arranged with the Tenant.

8.4 The Tenant must advise the Agent in advance, or at the time, of any increase in the number of occupants and/or guests above the Occupancy limit for the Premises, at any time during the Occupation period. The Agent shall confer with the Owner for consent for the additional guest/s and if granted the Tenant shall be invoiced at the daily occupancy rate for such personage, for payment

8.5 If the Owner’s consent is not given for the additional guest/s, then having the additional guest stay overnight will constitute a breach of this Agreement and shall allow the Agent and/or Owner to immediately cancel this agreement and evict the Tenant and Occupants, with no refund of any amounts already paid.

8.6 The Tenant may not sublet the whole of any part of the Premises to any third party, nor may the Tenant cede and/or delegate any of his obligations under the Agreement.

8.7 The Occupants shall not do anything which could damage the premises or render any insurance policy in respect of the Premises void or voidable.

8.8 Should the Occupants or guests break or lose anything belonging to that of the Owners, they are to advise the Agent immediately in order for the Agent to arrange for replacement, or repair, to the highest standards, which Owners expect. The Occupants should under no circumstances attempt to rectify the problem themselves.

8.9 The Occupants shall comply with the rules of the Body Corporate (if applicable).

8.10 The Occupants shall not cause any noise or nuisance which would in any way disturb the quiet and peaceful occupation of his/her neighbours.

8.11 The Occupants agree that Fireworks and other hazardous materials shall not be used in or around the property.

8.12 The Occupants shall see to their own security whilst occupying the Premises by locking doors, windows, garage doors, etc. when it’s prudent to do so.

8.13 The Occupants may not make any alterations or additions to the Premises, nor affix anything to the walls of the premises.

8.14 The Occupants shall only use the premises for residential accommodation purposes and the parking places only for parking of motorcar/s

8.15 Not place or hang out any articles of washing, clothing or household linen on any window, stoep, balcony or on the outside of the leased Premises other than the place set aside for the purpose.

8.16 The Occupants shall ensure that the refuse does not remain on or outside the premises save in the place provided.

8.17 The Tenant shall keep and maintain the interior of the Premises clean and in good order and condition.

8.18 In order to retain highest standards, no pets shall be allowed, unless expressly agreed to by the Owner.

8.19 The Tenant shall allow the Agent permission to enter the Premises at any reasonable time on 24 (twenty four) hours notice, to inspect the same in order to view the condition and state of repair thereof.

8.20 The keys are the responsibility of the Tenant; no copies may be made and theyshall all be left with the Agent on departure. Otherwise the Owner shall be entitled tocharge the Tenant R100.00 per key lost.


9. On the Termination date, the Tenant shall:

9.1 Return and deliver the Premises in good order and condition to the Agent (fair wear and tear accepted)

9.2 Settle the telephone account for all calls between the telephone meter readings as at the Occupation Date and as at the Termination Date; and

9.3 Settle the costs of any additional services requested by the Tenant and provided by the Owner and/or Agent.

9.4 Should the Tenant wish to extend the Occupation Period, and subject to the Premises being available, this could be arranged with the Agent for an agreed additional Rental. Such additional Rental shall also be required to be paid in advance.


10. Occupant Behaviour

10.1 The Occupants are required to behave in a manner that is considerate to others. Disruptive behaviour caused by loud music and/or late night or early morning rowdiness shall not be tolerated.

10.2 Should the Occupants cause unreasonable annoyance, noise, distress, damage, crime or danger, the Owner has the right to immediately terminate this Agreement and evict the Tenant, Occupants and his/her party.

10.3 No Parties or functions such as weddings are allowed without the Owner’s prior written consent.


11. Breakage and Security Deposit

11.1 The tenant undertakes and agrees to sign documentation required by the Agent in order to freeze the breakage and Security Deposit per Clause 3.2.2 above.

11.2 Upon the expiry or earlier termination of this Agreement, the Agent shall be entitled to debit the credit card with the Breakages and Security Deposit in the event that any amount is owing by the Tenant to the Owner, for payment of any unpaid accounts, costs for services rendered to the Occupants at the premises, for repairs, maintenance and/or replacement of broken or missing items at the Premises. These costs shall include any bank charges or credit card commissions incurred.

11.3 The Tenant may not under any circumstances whatsoever set-off monies owing by him under this Agreement, against the Breakages and Security Deposit.

11.4 The balance, of Breakages and Security Deposit, which remains after fulfillment of Clause 11.2 above shall be refunded to the Tenant after all the work and attendance involved, if any, has been completed, which could reasonably be expected within 2 (two) months of the Termination Date unless the necessary repairs or replacement of broken/missing items take longer than this period to rectify.


12. Owner’s Duties, Rights and Obligations

12.1 The Owner Undertakes at his/her own cost and for the duration of the Occupation Period, to:‐

12.1.1.1 Ensure that the premises are clean, in good order and condition and suitable to be let as holiday accommodation as advertised on the site.

12.1.1.2 Ensure that the Premises (including all contents therein) are adequately insured against damage, destruction and/or any loss which the Owner may suffer as a result of theft or break-in and/or fire, during the Occupation Period. The Insurance should include coverage for Public Liability, SASRIA and malicious damage.

12.1.1.3 Ensure that the Premises is let with all the furnishings, fittings, appliances, equipment and amenities represented by the Owner as being in or forming part of the Premises;

12.1.1.4 Provide a housekeeping service not less than 1 (once) times a week on Business Days only. Housekeeping for additional days need to be arranged with the Agent and will attract an additional charge;

12.1.1.5 Ensure that linen is changed at least twice a week;

12.1.1.6 Provide a pool and gardening service (where necessary) not less than once a week

12.1.1.7 The 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.

12.2 The Owner further undertakes to and in favour of the Tenant that it will, as soon as is reasonably possible, inform the Tenant, via the Agent, of any facts and/or changes in circumstances which may be material to, and/or may affect the Tenant’s use and enjoyment of the Premises, including, but not limited to, any alterations or changes to the premises or neighboring properties (including renovations, refurbishing, constructions or reconstructions).


13. Description of Premises

13.1 Difference between the actual Premises and any description or illustration thereof may exist. Whilst the Agent and the Owner take all reasonable steps to ensure the accuracy of such descriptions and illustrations, they, together with their employees, affiliates or representatives shall not be liable for any non‐material errors or differences or for any consequences arising as a result thereof.

13.2 Non‐material differences in the description of the Premises shall not amount to a breach of this Agreement and shall not entitle the Tenant to cancel this Agreement.

13.3 The Tenant hereby acknowledges that any such information and material, description or illustration provided in respect of the premises may contain inaccuracies to errors and the Agent, Owner, its employees, affiliates, or representatives expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.


14. Jurisdiction

14.1 This Agreement shall be interpreted and governed in accordance with the laws of the Republic of South Africa. The parties hereby consent to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town.

14.2 Notwithstanding the provisions of 14.1 above, the Tenant hereby, in terms of section 45 of the Magistrates Court Act 32 of 1944 (as amended(, consents to the jurisdiction of the Magistrates Court in respect of any action or proceedings arising out of this Agreement.


15. Domicilium Citandi et Exutandi

15.1 The Tenant appoints as his domicilium citandi et exutandi for all purposes, at the Premises during the Occupation Period and otherwise at the address set out in the Tenant Confirmation Advice.

15.2 All notices to be given to the Tenant during the Occupation Period shall be in writing and hand delivered to the Premises and otherwise sent by E – Mail, Fax or Registered Post at the address set out in Clause 2 above.

15.3 All notices to be given to the Owner relative to the Rental Agreement should be in writing and hand delivered to the Agent’s representative or sent to the Agent by E-Mail, Fax or Registered Post:

Postal Address: 26 Station, Rondebosch 7700 Cape Town

Fax: +27 (0)21 685 0290

Email: enquiries@capeletting.com


16. Breach

16.1 Should the Tenant:

16.1.1.1 fail to pay any amount due in terms of this Agreement on Due Date and remain in default not less than 48 (forty eight) hours after being notified in writing thereof by the Agent or Owner; or

16.1.1.2 commit any other breach of this Agreement and fail to remedy that breach within 48 (forty eight) hours after being called upon to do so by the Agent or Owner; or

16.1.1.3 repeatedly breach this Agreement in such manner as to justify the Agent or Owner in believing that the Tenant is unwilling to perform his/her obligations in terms of this Agreement; or

16.1.1.4 commit an act of insolvency, then the Agent or owner shall have the right to cancel this Agreement forthwith, on 5 (FIVE) calendar days notice to the Tenant, and to claim rights which he/she may have against the Tenant under this Agreement or otherwise. Should the Tenant dispute the Agent or Owner’s right to cancel the Agreement and remain in occupation of the premises, he/she shall be obligated to continue to pay rental and perform all other obligations in terms of this Agreement until determination of the dispute.

No leniency of whatever nature granted by the Agent of Owner of the Tenant regarding the performance of the Tenant’s obligations shall in any way be construed as a waiver of any of the Agent or Owner’s rights hereunder

16.2 In the event of the Tenant breaching any term of this Agreement and failing to remedy the said breach within 48 (forty eight) hours after being called upon to do so by the Agent or Owner and the Agent or Owner terminating this Agreement as a result thereof, the Tenant agrees to immediately vacate the premises and allow the Agent or Owner to take occupation thereof


17. Legal Costs

17.1 In the event of it being necessary for the Agent or Owner to institute legal proceedings against the Tenant for any matter arising from the Tenant Confirmation Advice, then the Tenant shall be liable for all legal costs on an attorney and own client scale, including interest, collection commission and tracing agents fees.


18. Privacy Policy

Index

1. What type of information do we collect from you?

2. On what basis can we process your information?

3. What are we going to do with your information?

4. How long do we keep your data for?

5. Who do we share your information with?

6. Is your data secure?

7. Usernames and passwords

8. Unauthorised access to personal data

9. How to access and update your information?

10. How to request erasure of your data

11. How to withdraw your consent

12. How to restrict or object us using your data?

13. Moving your information to another organisation

14. Complaints about the use of your personal data


CAPE LETTING cc Estate Agency is committed to respecting your privacy and committed to protecting your personal data as required in terms of the Protection of Personal Information Act 4 of 2013.

This policy, together with our website Terms and Conditions, set out the privacy practices for our agency. In this policy we state how we process personal data collected about you via your interactions with our online content, such as contact forms and tools, and/or provided directly by you.

Please read this statement carefully to understand why data is being collected and what we do with that data because by accessing, browsing or otherwise using our website, you confirm that you have read, understood and agree to the terms of this Privacy Policy, and therefore, you agree to the collection and use of your data in accordance with this statement, until further notice or update of your preferences.

Our website and services may contain links to other independent websites. These sites may ask you to provide information to them. Please be aware that such requests and information provided is not under our control, and we are not responsible for the privacy practices of those other sites. We encourage you to be aware when you leave our website to read the privacy statement of each and every website that you enter.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes.



INFORMATION COLLECTED AND USED


18.1 What type of information do we collect from you?

When you access our website and/or register your interest in the use of our services, CAPE LETTING cc or any other third parties who host, maintain or support our delivery of services, may collect personal and technical information about you.

The personal information we collect from you will typically include the following:

  • Full name and contact details (including your date of birth, contact number, email and postal address).
  • Any phone number or email used to get in touch with us.
  • Information relating to your identity, residential address, marital status, information about your family members and your and their close associates, and source of funds for a transaction where we are required by law to collect this to comply with the Financial Intelligence Centre Act 2001 and other prescriptive legislation.
  • Your banking details where required such as where you are letting a property or, where renting, to set up an account for you and arrange for rental payments.
  • Information on any access requirements you have necessary to enable us to find suitable properties for you, which may consist of special category personal data comprising details of any disability or other health information about you.
  • Details about your areas of interest where we wish to send you marketing information about similar products and/or services.

Technical information

The technical information collected is anonymous and will include the usage information about visits to our website (via ‘cookies’ which enables our website to remember information about you and your preferences). The technical information collected includes:

  • Internet Protocol (IP) address used to connect your device to the Internet.
  • URL click stream to and from our site (including date and time).
  • Device operating system and platform.
  • Device location data (if function is not disabled on your device).
  • Browser and plugin types and versions.
  • Login usernames.
  • Time zone settings.
  • Pages and/or products viewed and/or searched for.
  • Time spent on certain page and page interaction information (such as scrolling, clicks and mouse-overs).
  • Methods used to land and exit from the website and/or page.
  • Page response times
  • Download errors.

Communication history between you and our company, including a record of the email, telephone and postal correspondence created (i) when you contact us as part of a product or service query; (ii) during the contractual period of the delivery of services.

Where we need to collect personal data by law (for example, to meet our obligations to prevent fraud and money laundering) or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to (i) perform the existing contract and/or services as requested, (ii) enter in a contract and/or services as requested. In this case, we may have to cancel a contract or service you have with us, but we will notify you if this is the case at the time.


18.2. On what basis can we process your information?

We will only process your information in pursuance of our legitimate interest if we receive any requests related to, for example, a product or service, property enquiry, or specific marketing materials. We will use your personal information to fulfil your request.

The legal grounds under data protection legislation for processing your personal data are contained in the Protection of Personal Information Act 4 of 2013 and are as follows:

  • It is necessary for the performance of a contract to which you are a party, or to take steps prior to entering into a contract with you, for us to provide you with our products and services;
  • You have given us consent to the processing of your personal data for one or more specific purposes, namely (i) where you have given us consent to receive electronic marketing by us and/or (ii) to process your Special Personal Information. You do not need to provide us with marketing consent in order to receive our services;
  • It is necessary for the purposes of our legitimate interests, except where our interests are overridden by the interests, rights or freedoms of affected individuals (such as you). To determine this, we shall consider a number of factors, such as what you were told at the time you provided your data, what your expectations are about the processing of the data, the nature of the data, and the impact of the processing on you. Our legitimate interests include processing necessary to improve and to promote our services and product and to better understand our customers’ interests and knowledge of the property market and to administer the technical aspects of our service and products;
  • Where we need to comply with a legal obligation;
  • Where we need to protect your interests (or someone else’s interests); and/or
  • Where it is needed in the public interest or for official purposes.

18.3 What are we going to do with your information?

We will hold and use personal information about you in the following ways:

  • To fulfil our obligations to you when providing you with our estate agency services;
  • To share your information with others where necessary to fulfil our estate agency services for you or where acting as agent for a third party on your behalf;
  • To comply with our statutory and regulatory obligations, including verifying your identity, prevention of fraud and money laundering and to assess your credit worthiness;
  • Communicate with you during the course of providing our services, for example with your enquiries and requests;
  • Statistical purposes so we can analyse figures to help us manage our business and plan strategically for the future;
  • To provide you, or to enable third parties to provide you, with information about goods or services we feel may interest you: where you have provided permission for us to do so or, if you are an existing customer where we choose to contact you by electronic means (including newsletter and email) with information about our own goods and services similar to those which you have already obtained from us or negotiated to obtain from us. For those marketing messages you may unsubscribe at any time;
  • Track your use of our service, including your navigation of our website in order to improve the website performance and user experience;
  • To ensure that content from our website is presented in the most effective manner for you and for your device;
  • To notify you about changes to our service.

18.4 How long do we keep your data for?

We will retain your personal data for different periods depending on the service you have chosen to use us for and/or where we are under regulatory or statutory duties to hold your data for a longer period or need to retain it in the event of a legal claim or complaint.


18.5 Who do we share your information with?

We may pass your details to the following entities, persons who carry out certain activities on our behalf as part of us providing our services, in terms of your instruction to us: payment service providers, property management agents, credit reference agencies, cloud computing host providers, technical support service providers, advertising networks services, email marketing services, financial services, business partners, sub-contractors, etc.

We will also pass your details where necessary to your attorneys or conveyancers and those of the other party to your transaction. We will also disclose certain personal information to third parties:

  • If our estate agency or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or to protect the rights, property, or safety of our agency, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
  • We will not share your information with third parties for marketing purposes without first obtaining your prior consent.


SECURITY


18.6 Is your data secure?

We are committed to ensuring that your information is secure. Your data is held on secure servers with necessary technological and operation measures put in place to safeguard it from unauthorised access, as far as can reasonably be required for purposes of transacting with us. Where possible any identifiable information will be encrypted or minimised.

All information collected via our website is stored and encrypted on our secure servers. We are continuously auditing our website’s performance and security, to prevent any risk to the website’s security and data collection. If you have any reasons to believe that our website is not performing at its best in securing your data, please get in touch via enquiries@capeletting.com.


18.7 Usernames and passwords

If we have given you a username and password which enables you to access certain parts of your data on our systems, you are responsible for keeping it confidential. Please do not share it with anyone.

18.8 Unauthorised access to personal data

The data that we collect from you may be stored and processed by staff who work for us or for one of our suppliers. Such staff may be engaged in the fulfilment of the contract and/or services to you. We have taken all the necessary steps to ensure that your data is treated by them securely and in accordance with this policy.

We undertake business and website audits which enable us to further develop our strict procedures and security features to prevent unauthorised access.



YOUR RIGHTS


18.9 How to access and update your information?

You have a right to request a copy of the personal information we hold about you. You also have the right to request that information we hold about you which may be incorrect, or which has been changed since you first told us, to be updated or removed. These requests are free of charge and can be sent to our Information Officer at enquiries@capeletting.com


18.10 How to request deletion of your data

You can ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where you have withdrawn consent for us to process it, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with the law.

Note that we may not always be able to comply with your request to delete if specific legal responsibilities or requirements prohibits us from doing so. This will be communicated to you at the time of your request, if applicable.


18.11 How to withdraw your consent

You have the right at any time to withdraw any consent you have given us to process your personal information. Please note if you withdraw your consent it will not affect the lawfulness of any processing of your personal data we have carried out before you withdrew your consent. Should you wish to do so you can change your consent preferences at any time by contacting our Information Officer on enquiries@capeletting.com.


18.12 How to restrict or object us using your data?

You may ask us to suspend the way in which we are using your information, or object to our processing your data where we are relying on a legitimate interest ground (or those of a third party) and you feel it impacts on your fundamental right to privacy. In some cases where you object, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Please note that if you want us to restrict or stop processing your data this may impact on our ability to provide our services. Depending on the extent of your request we may be unable to continue providing you with our service.

Any queries or concerns about the way in which your data is being used can be sent to our Information Officer at enquiries@capeletting.com.


18.13 Moving your information to another organisation

In the event that we process your data by automated means where you have either provided us with consent for us to use your information or where we used the information to perform a contract with you, you have the right to request that we send to you or to another organisation, a copy of the personal data we hold about you, for example when you are dealing with a different service provider. If you would like us to move, copy, or transfer your information please let our Information Officer know at enquiries@capeletting.com.


18.14 Complaints about the use of your personal data

If you wish to raise a complaint on how we have handled your personal data, you can contact our Information Officer Clairanne Campleman on clairanne@capeletting.com.

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Regulator on: tel +27 (0) 10 023 5207; or on inforeg@justice.gov.za.


19. General

19.1 This Agreement cancels and supersedes any prior agreement between the parties, verbal or otherwise.

19.2 This is the entire Agreement between the Tenant and the Agent. Neither the Agent nor the Tenant relies in entering into this Lease upon any warranties, representations, disclosures or expressions or opinion which have not been incorporated into this Agreement as warranties or undertakings.

19.3 No alteration, variation, addition, or consensual cancellation to this Agreement shall be of any force or effect, unless reduced to writing and signed by both Parties or their authorized representatives.

19.4 Any relaxation, indulgence or waiver which the Agents may grant to the Tenant or any condonation by the Agent of any breach of the terms of this Agreement shall not become binding on the Agent or owner who shall at all times be entitled to claim due and prompt performance by the Tenant of all obligations.

19.5 The Tenant shall not cede or assign this Agreement, nor sub-let the premises or any portion thereof, nor part with possession of the premises or any portion thereof, nor place any person in occupation of the premises or any portion thereof.


Contact Us

Email: enquiries@capeletting.com

Landline: 021-685-0290