SoftSurf Accommodation Terms and Conditions

The property known as SoftSurf, located at 5 Pointvillage Road, Pointvillage, Mossel Bay (hereinafter referred to as “the Property”), is owned by Pejavi Holdings (Pty) Ltd (hereinafter referred to as “the Owner”).

The Property is more fully described, including photographs, on the website www.softsurf.co.za.

The Owner rents out the Property as short term and holiday accommodation. This document sets out the standard terms and conditions upon which the Owner accepts any bookings for short term and/or holiday accommodation.

All guests and parents/guardians of minors are required to sign acceptance of these General Terms & Conditions of Use as well as the Indemnity (overleaf) prior to Check-in.

1. Reservations Policy

1. All communication with the Owner in respect of the reservation of the Property must be, or confirmed, in writing or through the web-enabled booking system on the website www.softsurf.co.za. No telephonic or verbal communication will be deemed binding on the Owner in any way.
2. Acceptance of a booking request falls within the sole and absolute discretion of the Owner, and the right of admission is strictly reserved.
3. Once a booking request is made by a guest, whether in writing or through the web-enabled booking system, a written confirmation letter of the booking will be sent via email in the event of the booking request being accepted, together with a booking invoice.
4. A percentage of the total accommodation cost will be payable to the Owner as a deposit to secure the booking. The percentage applicable to the deposit for any particular booking as well as the payment terms, fall within the sole and absolute discretion of the Owner. The details of the deposit and payment terms will be communicated and confirmed by the Owner simultaneously with sending the booking invoice and confirmation letter referred to in paragraph 1.3 above. Proof of payment of the deposit must be emailed to the Owner.
5. A reservation will only be confirmed and secured upon receipt of payment of the deposit referred to in paragraph 1.4 and acceptance and signature of this document as well as the disclaimer and indemnity document distributed herewith.
6. The balance of the total accommodation cost is payable prior to the arrival date and as stipulated in the booking invoice. Failure to make full payment of the balance of the accommodation cost on the date as stipulated on the booking invoice, will result in automatic cancellation of the booking, no refund of the deposit will be made and access to the Property will be denied.
7. The Owner will not accept any credit card details via email.
8. No refund of the deposit or any amount paid to the Owner will be made.

2. Check-in and Check-out

1. Check-in times are between 14:00 & 18:00. (After hour check-ins must be arranged prior to arrival).
2. Check-out times are before 10:00.
3. The person responsible for the booking and the accommodation cost, as well as each of the adult guests that will be making use of the accommodation, will be required to sign an Indemnity Form on arrival. In respect of guests who are minors, a parent/guardian or supervising adult will be required to sign an Indemnity Form.

3. General Terms of Use

1. No noise or other disturbance of any nature is permitted.
2. No loud music is permitted before 10:00 and after 23:00.
3. Guests must at all times adhere to the rules, regulations, policies, and procedures of the Point Village Homeowners Association. A copy will be made available at check-in.
4. A maximum of 6 people will be permitted to use the Property for accommodation purposes. No additional guests will be allowed to stay over in any way or form.
5. Only a maximum of 6 visiting guests will be allowed to visit checked-in guests. No more than 12 people are allowed on the property at any given time.
6. All minors must be accompanied by a parent or guardian and must remain under adult supervision at all times.
7. No smoking or vaping is allowed on the Property.
8. No pets or other animals are allowed on the Property.
9. Parking is only for overnight checked-in guests and only on the designated parking bay at the Property.
10. No visitors are allowed to park at the property or within Point Village.
11. Any lost property left behind by guests during their stay will be held for a period of 3 months only.
12. No flammable goods are to be stored at the Property.
13. No litter in any way or form will be permitted. Use designated refuse bins to discard all rubbish. No hot ash to be discarded in these bins.
14. No fiddling or interference with any infrastructure or unauthorized equipment.
15. No decorations of any sort are permitted to be fixed onto the Property.
16. No laundry may be hung over the balustrades or furniture, only the washing line is permitted to be used.
17. Awnings must always be closed when leaving the Property at any time.
18. No porta pools are allowed.
19. No business in any way or form is to be conducted at the Property.

4. Cancellation Policy

1. All cancellation requests must be sent to the Owner in writing. No telephonic or verbal cancellation will be deemed binding on the Owner in any way.
2. No refund for any cancellation, for whatsoever reason, will be made.
3. The Owner reserves the right to cancel any reservation without compensation, refund, or reimbursement if any of the terms and conditions of use as set out herein and those of the Point Village Homeowners Association are breached by the guest(s) and/or any of their visitors, personnel, or agents.
4. Should a booking be canceled by the Owner in terms of paragraph 4.3, the Owner will retain the full amount paid in respect of the accommodation cost in lieu of any damages suffered by the Owner as a result of such non-compliance by a guest, which damages will include, but not be limited to any penalties raised by the Point Village Homeowners Association. The Owner reserves the right to claim any further damages that it may suffer from the guests in question.

5. Limitation of Liability

1. The Property is private property. All guests and their visitors, personnel, or agents enter the Property and use the furniture, equipment, facilities, and items on the Property at their own risk.
2. By entering the Property and/or using the furniture, equipment, facilities, and items on the Property, all guests understand and acknowledge that there are risks involved.
3. The Owner, its officers, shareholders, directors, management, employees, and/or agents accept no responsibility, and are not liable for:
   • any injury, illness, or bodily harm sustained by or death of any guest, resident, person, or accompanying minor entering the Property, or any loss or damage resulting or arising therefrom;
   • any loss or damage to property or possession of any guest, resident, person, or accompanying minor entering these premises;

   of whatsoever nature and howsoever caused, even by the negligent act or omission by the Owner, its officers, shareholders, directors, management, employees, and/or agents, and/or by the defective functioning of any furniture, equipment, facilities, or items on the Property, and/or any power outages and load-shedding.

4. It is specifically recorded that the Owner takes all reasonable steps to ensure that the Property is clean and safe for use by all guests, but the Owner takes no responsibility and is not liable for any loss or damages as a result of the infection or exposure to any contagious disease, including Covid-19. All guests, visitors, personnel, and/or agents must ensure compliance with all relevant rules, regulations, and restrictions imposed by the local or national government pertaining to any contagious disease.

6. Indemnity

Guests entering the Property, and/or his/her/their heirs, executors, administrators, successors in title or assigns, hereby indemnify the Owner, its shareholders, directors, management, employees, and/or agents, against any claim, action, judgment, costs, and/or expenses which may be made against or incurred by the Owner, its officers, shareholders, directors, management, employees, and/or agents, as may in any way be related to the risks highlighted above and in all other documentation presented when entering the Property. A written disclaimer and indemnity document, distributed herewith, must be signed by or on behalf of each guest.

7. Personal Information

1. For purposes of making a booking, guests will be required to provide the Owner with personally identifiable information, which the Owner will be required to collect, process, and use in connection with the booking in question and the use of the accommodation as well as any financial transactions and documents that are generated and/or flow from such booking.
2. By making a booking and accepting these general terms and conditions of use, you understand and agree that the Owner may collect, process, and use your personal information in order to carry out the aforesaid purpose relating to the booking of the Property as accommodation.
3. The Owner hereby confirms that it is committed to keeping all personal information of guests secure and confidential and will take appropriate and reasonable measures to prevent loss to, damage of, unauthorized destruction of, or unlawful access to or processing of such personal information.
4. It is important that any personal information which a guest provides to the Owner is accurate, complete, and up-to-date at all times. Accordingly, it is a guest’s responsibility to immediately inform the Owner of any changes to the personal information as provided to the Owner.
5. For purposes of cloud storage purposes, guests agree to the Owner transferring or processing personal information, in accordance with the above, outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa.

8. No Waiver

No relaxation, indulgence, leniency, grace, or extension of time which the Owner may give at any time whatsoever in regard to the terms and conditions set out in this document, which includes the acceptance of payments after the due date or acceptance of a lesser amount than that which is due, shall in any way prejudice or be a waiver of any of the Owner’s rights in terms of this document or a novation thereof, and shall not preclude the Owner from exercising any of its rights in terms hereof.