TERMS & CONDITIONS

1. LEASE

1.1. The Lessor hereby lets to the Lessee who hires, subject to the terms and conditions contained herein:

1.1.1.certain Premises specified on the Take A Break website, located at 2192 Herron Road, Betty’s Bay, South Africa. The Premises includes the undivided share in the common property allocated to such unit and any exclusive use area(s) and

1.1.2. any of the contents of the Premises, including without limitation stoves, keys, locks, windows, sewerage pipes and pans, electrical installations and fittings, water taps, cookers or fireplaces, including  any property of the Lessor (“the contents”).

1.1.3 This is a single indivisible lease.

1.1.4 The Premises shall be used by the Lessee for residential purposes only. 

2. DEFINITIONS

2.1 It is recorded that this Lease Agreement is subject to and comprises of the Booking Sheet completed on the Take A Break website and in case of an Addendum of Lease, which the Lessor and Lessee acknowledge that they are fully aware of and which form part of this Agreement.

2.2 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include feminine and words importing persons shall include partnerships, bodies corporate, trusts, companies and close corporations.

2.3 The headings to the paragraphs to this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

2.4 Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

2.5 An addendum to this Agreement shall be deemed to be incorporated in and form part of this Agreement.

2.6 If any period is referred to in this Agreement by reference to number of days, the days shall be reckoned exclusively of the first inclusively of the last day, unless the last day falls on a day which is not a business day, in which case the last day shall be the next succeeding business day.

2.7 Reference to “business day” shall exclude Saturdays, Sundays and Public Holidays in South Africa.

3. DURATION OF LEASE

3.1 The initial Period. This Lease shall commence on the Commencement Date and shall terminate on the Termination Date as specified in the Booking Sheet (the “Initial Period”) completed on the Take A Break website.

3.2 Extension Option

3.2.1 At Termination Date of the Initial Period of the Lease, this Lease shall lapse and be of no further force or effect.

3.2.2 The Lessee shall have an option, subject to the Lessor’s agreement at the point in time that the option is exercised, to renew this Lease (on the same terms and conditions as contained herein) for the Renewal Period (if applicable) provided that:

3.2.2.1 the Lessee exercises such option in completing the Booking Sheet on the Take a Break website,

3.2.2.2 the Lessor confirms its acceptance thereof in writing,

3.2.2.3 the Lessee has fulfilled all its obligations in terms of this Agreement and is still in occupation of the Premises at the Termination Date: and

3.2.2.4 that the rental in respect of the Renewal Period will be as per the rental price quoted on the date of renewal on the Take A Break website.

3.2.3 Failing the formal renewal of the Lease for the Renewal Period as aforesaid, the Lessee will vacate the Premises on the Termination Date.

 3.3 Termination

3.3.1 The Lessee shall on vacating the Premises at or before 10h00 on Termination Date, forthwith,

3.3.1.1 deliver all keys and remotes to the Lessor: and

3.3.1.2 leave the Premises in a clean and tidy condition: and

3.3.1.3 leave the furniture on the Premises and in a good state of repair; and

3.3.1.4 shall make an appointment with the Lessor to meet at the Premises on Termination Date of the Lease for hand-over of the keys in order to do an outgoing inspection of the Premises: and

3.3.1.5 subject to the Lessor’s tacit hypotnec, remove all its assets of whatsoever nature.

Failing which the Lessor shall be entitled to claim from the Lessee an amount equal to the rental payable by the Lessee in the immediately preceeding month prior to the Lessee vacating the Premises.

3.3.2 Should the Lessee abandon the Premises the Lessor shall be entitled (but not obliged) to enter and take possession thereof and remove and store any movables at the risk and expense of the Lessee.

3.3.3 Should such movable or any of the movables not be removed by the Lessee upon termination of the Lease, or within 7 (seven) days the Lessor shall be entitled (but not obligated) and is hereby authorised by the Lessee to sell and/or otherwise dispose of the movable properly.

4. OCCUPATION

4.1 The Lessee shall take physical occupation of the Premises and possession of the contents on the Commencement Date unless the Lessor otherwise agrees in writing.

4.2 Should the Lessee wish to take occupation prior to the Commencement Date, the Lessee will be liable for the pro-rata rental for occupation as at date of occupation.

5. MONTHLY RENTAL

5.1 Amount and payment. The Lessee shall pay the rental in the sum specified on the Take A Break website (“Monthly Rental”) monthly in advance, without any deduction, set-off or demand and free of exchange, on the 1st (first) day of each and every month in South African currency into the Lessor’s account or as the Lessor may otherwise notify the Lessee in writing from time to time.

5.2 Payment method. The Lessee will be charged a cash fee if the rental payment is received in cash.

5.3 Late rentals. Payment of the Monthly Rental and other charges received after the 4th (fourth) day of the month in respect of which the rental or other charges are due, shall be subject to an additional surcharge of R500 (five hundred Rand) to cover collection fees and/or additional administration costs. The Lessee shall on demand pay such surcharge to the Lessor.

5.4 Interest (on overdue amounts)

5.4.1 Any amount not paid by the Lessee on the due date shall bear interest for the benefit of the Lessor from the due date until it is paid, at a rate of 24% (Twenty four percent) per annum.

5.4.2 Such interest is to be capitalised monthly.

5.4.3 A letter signed by a general, branch of other manager of such bank setting out the published prime overdraft rate, from time to time, shall be proof of the rate until the contrary is proved. Interest shall be payable on a claim for damages from the date or dates the damages were suffered.

5.5 Appropriation. The Lessor may appropriate any payment received from the Lessee towards the payment of any indebtedness of the Lessee to the Lessor in terms of or arising out of this lease. Any payment received will first be allocated to payment of lease fees, then, in order: stamp duty, the deposit, legal fees, late payment fees, interest on overdue amounts, maintenance, arrear rental, current rental and finally electricity and any other charges.

6. DEPOSIT

6.1 Sum. On signature of the Lease, the Lessee shall pay to the Lessor the sum specified on the Take A Break website (the “deposit’), which amount shall be held in an interest-bearing account, for the duration of the Lease. The Lessor shall be entitled to set off against such deposit any amount which may be due by the Lessee to the Lessor in terms of this lease or to apply such deposit or any portion thereof to repairing any defective condition in the Premises for which the Lessee is liable in terms hereof whether during or upon termination of this lease, and for this purpose the Lessee hereby authorizes the Lessor to utilise such funds as may be necessary from the aforesaid deposit to pay for the repair of any damages or amounts owing. Whenever any portion of the deposit is so applied the Lessee shall on demand re-instate the deposit to its original amount in the event that the deposit is not paid within 7 (seven) days calculated from the date of signature of this Lease Agreement by the Lessor, then in such event the Lessor may in its sole and absolute discretion cancel this Lease Agreement, without notice to the Lessee.

 6.2 Refund. Within a “reasonable period”, but not more than 30 (thirty) days of all the obligations of the Lessee to the Lessor having been discharged following termination of this Lease, the Lessor shall refund to the Lessee so much of the deposit as has not been applied in terms of any other clause in this lease.

6.3 Withold payment. The Lessee shall not be entitled to withhold, delay or abate payment of any amounts due to the Lessor (including, in particular the last month’s rental) in terms of this Lease by reason of any breach or alleged breach of the Lessors obligations hereunder, of any other reason whatsoever.

7. SERVICES FEES

7.1 Interruption of Supply. The Lessor shall not be responsible for any interruption in the supply of water or electricity, or other services, to the Premises.

7.2 Notification. The Lessee shall notify the Lessor should the water, electricity or other services supply to the Premises cease or become defective or interrupted.

8. DEFECTS TO BE NOTIFIED ON TAKING OCCUPATION

8.1 Inspection. The Lessor and the Lessee shall jointly inspect the Premises on the date of occupation thereof, or within 3 (three) days calculated from the date of occupation, for the purposes of preparing a Defects List.

8.2 Notification. Should the Lessee, on taking occupation of the Premises discover that the contents or furniture are in a defective state of repair, the Lessee shall within 7 (seven) days of occupation of the Premises notify the Lessor or the Lessor’s Agents in writing of the details of any such defect. The failure to do so on the part of the Lessee shall constitute an acknowledgement, on the Lessee’s part, that the whole of the Premises, and the contents are in a good and proper state of repair and condition. It should be noted that such notification shall not place an obligation on the Lessor to rectify the defect but acts as a record of the state of the Premises at the commencement of the lease. Any items not listed on such defects list shall be the responsibility of the Lessee on termination of the lease.

8.3 Responsibility. Notwithstanding the notification clause above, the Lessee hereby acknowledges that it is the present Lessee of the Premises and the contents and accepts full responsibility for the Premises and the contents in its present condition.

9. USE

9.1 General. The Premises and the contents shall be used only for private residential purposes and not for any other purposes whatsoever, save with the Lessors prior written consent. The Premises and the contents shall be used in accordance with the provisions of this Lease and any other directions from the Lessor from time to time.

9.2 Persons. The Premises and the contents shall be used and/or occupied personally by the Lessee and no other persons shall reside in the Premises during the currency of this lease, save with the Lessor’s prior written consent.

9.3 Alterations or additions. The Lessee shall not make any alterations or additions of any nature whatsoever to the Premises and its contents, if, however any alterations of additions are made to the Premises without the Lesser’s prior written consent, then they shall become the property of the Lessor without reimbursement on the expiry of this Lease, unless the Lessor demands the reinstatement of the Premises to its original condition. Any work in respect of alterations or additions shall be done at the cost of the Lessee by persons appointed by the Lessor. The Lessee shall under no circumstances acquire a lien hypothec or right of retention over the Premises by reason of any alterations or additions and the Lessee hereby waives any lien that it would have enjoyed in respect of any improvements made to the Premises and declares that it shall not be entitled to exercise any right of lien. Any permitted alterations that the Lessee may effect shall, at the option of the Lessor, be left as they are on the termination of this Lease and the Lessee shall be obliged to vacate the Premises without compensation on termination of the lease for whatever reason.

9.4 Washing. The Lessee shall not place or hang out any articles of washing. clothing or household linen on any window, stoep, balcony or on the outside of the Premises other than the place set aside for that purpose.

9.5 Auction. No sale by public auction shall be held on the Premises.

9.6 Nails and screws. The Lessee shall not drive nails, screws or the like into any part of the Premises and furniture except in the normal and reasonable use of the Premises, and on termination of this lease any nails, screws and the like driven into the Premises and furniture by the Lessee shall be removed, and the damage caused repaired, at the cost of the Lessee.

9.7 Pets. No animals or pets of any kind shall be kept upon any part of the Premises, without the written consent of the Lessor.

9.8 Nuisance. The Lessee shall not do or permit to be done, in or upon the Premises anything which, in the opinion of the Lessor, may be a nuisance to or which may in any way interfere with the quiet or comfort of the neighbourhood nor allow any conduct in the Premises in contravention of any Law or Regulation (Municipal or otherwise). The Lessee specifically undertakes not to cause a nuisance by emitting any gases, fluids, noxious matter or noise which may cause a nuisance.

9.9 Rules. The Lessee undertakes to and shall at all times comply with the reasonable rules and regulations as are laid down in writing by or on behalf of the Lessor for observance by the Lessee and on the Premises and their invitees, including without limitation rules and regulations in connection with:

9.9.1 the driving and parking of vehicles on or about the Premises

9.9.2 the utilisation of common amenities and facilities on the Premises.

9.10 Visitors. The Lessee shall ensure that its visitors do not contravene the provisions of this lease.

10. MAINTENANCE

 10.1 General. The Lessee shall at all times and at the Lessee’s cost, keep and maintain the whole of the Premises and the contents in good order and condition. On termination, the Lessee shall return and redeliver the Premises, and its contents to the Lessor in like good order and condition, fair wear and tear excepted. Any determination in terms of the clause shall be at the Lessors sole discretion. The Lessee shall reimburse the Lessor for the cost of replacing, repairing or making good any of the same.

10.2 Specific maintenance obligations. The Lessee shall maintain the Premises in accordance with the following provisions.

10.2.1 Repainting. The Lessee shall carry out such repainting, and other redecoration without change of the colour-scheme on termination of the lease if the repainting or redecoration is required because of damage caused by the Lessee.

10.2.2 Blockages. The Lessee undertakes to keep and maintain all sewerage pipes, water pipes, guttering and drains free from obstruction and blockage and to remove at the Lessee’s cost any blockage or obstruction therein.

10.2.3 Damage. The Lessee shall not damage the walls, the contents or any other portion of the Premises. The Lessee shall be responsible for any damage done to the Premises and the contents by any reason, including without limitation, by reason of any other objects or vehicles being brought into or removed from the Premises.

10.2.4 Electrical, lighting or heating installations. The Lessee shall not interfere with, alter or overload any of the electrical, lighting or heating installations in the Premises.

10.2.5 Clean and tidy. The Lessee shall keep the Premises and the parking bay/garage clean and in a tidy condition, free from all rubbish and stagnant pools to the satisfaction of the municipal, local or other competent authorities.

 10.2.6 Carpets. The Lessee shall clean the carpets and other floor coverings

regularly, it being understood that same shall be replaced completely at the expense of the Lessee should they be damaged beyond reasonable wear and tear. Upon the expiry of the lease and after the vacation of the flat all carpets shall be professionally steam cleaned by the Lessor, at the Lessee’s cost, which cost shall be deducted from the deposit.

10.2.7 Garden. If a garden forms part of the Premises, the Lessee undertakes at the Lessee’s expense to keep the grounds and gardens of the Premises in a neat and tidy condition, free from all litter and rubbish and properly watered. The Lessee shall not cut or remove any trees or plants or affect any major alterations to the garden without the Lessor’s prior written consent.

 10.2.8 Broken or damaged items. The Lessee shall, at its expense, properly repair, and where necessary replace any damaged or broken:

10.2.8.1 door handles, locks and keys, glass, window fasteners, electrical fittings and fixtures, bath basins, sanitary appliances, water taps, burglar alarms and sprinkler systems.

 10.2.8.2 all fluorescent bulbs flights, globes, ballasts and incandescent bulbs used in the Premises, save for normal wear and tear.

10.3 Failure of Lessee to carry out obligations. If the Lessee fails to carry out obligations within a reasonable period, the Lessor may do so and recover a reasonable charge for so doing from the Lessee.

11. LESSOR’S ACCESS

11.1 Inspect. The Lessee shall permit the Lessor to inspect the Premises at all reasonable times.

11.2 To do work. The Lessor’s workmen shall at all reasonable times be entitled to enter the Premises, to do and carry on any work that may be required to be done to the Premises and its contents for the preservation, repair or alteration of the Premises and the contents, or for any other purpose associated therewith with as little disruption to the Lessee as possible.

11.3 Notices. The Lessor shall be entitled to affix and exhibit on the Premises “to let” and “for sale” notices for a period of 2 (two) months prior to the termination of this lease and the Lessee shall permit prospective lessees or buyers of the Premises to view the whole of the same during reasonable hours at any time during the currency of this lease.

11.4 Future tenants. The Lessor or the Lessor’s Agents may at all reasonable times with 24 (twenty four) hours’ notice, show any prospective buyer or lessee the interior of the Premises within the final 2 (two) months of the Lease Period or any extension thereof.

12. LESSOR’S RIGHTS AND RESPONSIBILITIES

12.1 Walls and roofs. The Lessor shall keep all outside walls and roofs and exterior facades (excluding all glass and entrance doors) in good condition, fair wear and tear excepted (at the Lessors sole discretion). The Lessee shall not, under any circumstances, have any claim for damages, nor shall it be entitled to withhold or defer payment of rental by reason of the Premises and its contents (or any part thereof) being in a defective condition or falling into disrepair or any particular repairs not being effected by the Lessor or the Lessee being inconvenienced by any repairer maintenance or any building operations.

 12.2 Insurance. The Lessor may keep the Premises insured against damage caused by fire and other usual risks under terms of insurance customarily applicable to building of this nature.

The Lessee shall not do or omit to do anything or permit anything to be done or keep in or on the Premises, which invalidates the Lessor’s insurance policies in respect of the Premises and the contents, or which makes an insurance claim unenforceable or which increases the premium or which may render any policy(ies) void or voidable. The Lessee shall comply in all respects with the terms of any such policy(ies).

 12.3 Structural damage. The Lessor shall not be responsible in the event of any structural damage being cause to or becoming apparent during the course of this Lease which shall require the Lessee to partially or totally vacate the Premises to enable the Lessor to remedy the structural damage, in which event the Lessee shall have no claim against the Lessor.

 12.4 Appliances

The Lessor acknowledges that it has the obligation, that within a reasonable time of the Lessee bringing it to the Lessor’s attention, that it is to maintain, repair and/or replace all appliances in the Property at the Lessor’s cost.

This obligation is limited to damage of the appliances that has occurred as a result of fair wear and tear.

Notwithstanding the above, the Lessor shall not be liable in instances where damage or breakages result from the negligence and/or intentional conduct of the Lessee.

13. DESTRUCTION

13.1 Should the Premises be destroyed or damaged to an extent which prevents the Lessee from having beneficial occupation of the Premises then:

 13.1.1 The Lessee shall have no claim of any nature whatsoever against the Lessor as a result thereof

 13.1.2 The Lessor shall be entitled within 30 (thirty) days after such destruction or damage to advise the Lessee in writing whether or not it intends to reinstate the Premises.

13.1.3 Should the Lessor not, within the aforesaid period, notify the Lessee of its intention to reinstate the Premises, then the Lessor shall be deemed to have elected to cancel this Lease.

13.2 Should the Lessor elect (or be deemed to have elected) to cancel this Lease, then the

Lessee shall have no claim whatsoever against the Lessor as a result of that cancellation, save for the return of the deposit.

13.3 Should the Lessor elect to reinstate the Premises then:

13.3.1 This Lease shall not be cancelled, and the Lessor shall at its cost reinstate the Premises substantially to its previous state as quickly as is reasonably possible in the circumstances.

13.3.2 The Lessee shall not be liable for any further rent, for as long as it is deprived of beneficial occupation of the Premises.

 13.3.3 The period of this Lease shall be extended by the period during which the Lessee is deprived of beneficial occupation of the whole of the Premises.

13.4 Should the Premises be damaged by any cause against which the Lessor is validly insured, but to a lesser extent than that which prevents the Lessee from having beneficial occupation of the Premises, then:

13.4.1 this Lease shall not be cancelled.

 13.4.2 the rental payable by the Lessee shall be reduced pro rata to the extent (if any) by which the Lessee is deprived of beneficial occupation of the Premises.

13.4.3 The Lessor shall at its own cost repair the Premises as quickly as is reasonably possible in the circumstances.

 13.4.4 The Lessee shall have no claim of any nature whatsoever against the Lessor as a result of the said destruction or damage howsoever arising.

14. LIMITATION OF RIGHTS

Notwithstanding anything to the contrary contained herein and notwithstanding any receipt given for rental or deposit paid, should the Lessor be unable to give the Lessee occupation of the Premises and use of the contents on the Commencement Date, by reason of the Premises, and the contents being in a state of disrepair, or by reason of the fact that the previous Lessee shall not have vacated same or by reason of any fact, matter or thing whatsoever not due to willful default on the part of the Lessor, the Lessee shall have no claim for damages or other right of action against the Lessor as a result thereof and undertakes to accept occupation from whatever date the Premises and its contents are available subject to a remission of rental for the period of non-occupation.

15. CESSION AND SUB-LETTING

15.1 The Lessee. The Lessee shall not cede, assign, transfer, alienate, mortgage, pledge, encumber or otherwise dispose of any of its rights or obligations in terms of this lease either in whole or in part, or sub-let the Premises and its contents (or any portion thereof) or permit or allow any person other than the Lessee to occupy the Premises or to reside therein or to use or obtain possession of or sub-let the Premises and the contents without the prior written consent of the Lessor, which shall not be unreasonably withheld.

15.2. The Lessor. The Lessor may, in its discretion and at any time, cede, assign and transfer all of its rights and obligations as contained in this Lease Agreement to a third party who shall thereupon become the Lessor and the Lessee hereby consents to such transfer.

16. CONSUMER PROTECTION ACT NOTICE

In complying with the Consumer Protection Act No. 68 of 2008 (the Consumer Protection Act), together with the regulations thereto, certain portions of this Lease have been printed in bold italics. The reason for this is to specifically draw the Lessee’s attention to these clauses as they either:

16.1 limit in some way the risk or liability of the Lessor, or any other person.

16.2 constitute an assumption of risk or liability by the Lessee.

16.3 impose an obligation on the Lessee to indemnify the Lessor or any other person for some cause; or

16.4 are an acknowledgement of a fact by the Lessee.

The Lessee is required to ensure that before signing this Lease that he/she has had an adequate opportunity to understand these terms. This Lease Agreement is subject to the Consumer Protection Act because:

16.5 it is for a fixed term; and

16.6 the Lessor is leasing the Premises in the ordinary course of the Lessor’s business; and

16.7 the Lessee is not a juristic person (a company, close corporation, trust or partnership) with an annual turnover or asset value of more than R2 000 000.00 (two million Rand).

 In the event that this Lease Agreement is found not to fall within the ambit of the Consumer Protection Act, or if residential lease agreements are exempted from the operation of the Act at any time, the Lessee’s right to cool off does not apply.

17. DIRECT MARKETING AND COOLING OFF

 In terms of Section 16 of the Consumer Protection Act, if this Lease Agreement was concluded as a result of direct marketing, the Lessee has the right to cancel the Agreement without reason or penalty, by written notice within 5 (five) business days after the Agreement has been concluded.

The Lessee hereby warrants that they have viewed and inspected the Premises, and that the Premises are suitable for the use intended.

18. CANCELLATION OF FIXED TERM AGREEMENT AND REASONABLE PENALTIES

18.1 This lease is a fixed term agreement.

18.2 Early termination. In the event if the Lessee should terminate this Agreement prior to the Termination Date as set forth in the Booking Sheet, then and in such event the Lessee agrees to pay the Lessor or Agent a reasonable cancellation penalty.

18.3 Reasonable cancellation penalty. The parties hereby acknowledge and agree that the reasonable cancellation penalty shall include but under no circumstances be limited to the following:

18.3.1 an amount of 2 (two) months rental if the cancellation is received when more than 3 months remain before the expiry of the lease agreement or a cancelation penalty equal to 1 (one) month’s rent if the cancelation is received when less than 3 months remain before the expiry of the lease agreement.

19. BREACH

 Should the Lessee:

19.1 Fail to pay rent on the due date or fail to pay any other amount due by the Lessee; or

19.2 Commit any other breach of any terms of this Lease and fail to remedy that breach within a period of 7 (seven) days after receipt of a notice to that effect by the Lessor; or

19.3 Commit an act of insolvency, or

19.4 Repeatedly breach any of the terms of this Lease in such manner as to justify the Lessor in holding that the Lessee’s conduct is inconsistent with the intention or ability of the Lessee to carry out the terms of this Lease: or

19.5 The Lessee, being a natural person, dies or is sequestrated, whether provisionally or finally; or

19.6 If the breach is of such nature that it cannot be remedied within 7 (seven) days the Lessee fails, after written notice, to commence remedying the breach or to complete the remedy expeditiously.

Then and in any of such events the Lessor shall without prejudice to its right to damages or its right to eject the Lessee from the Premises or to any other claim of any nature whatsoever that the Lessor may have against the Lessee as a result thereof, be entitled but not obliged to:

19.7 cancel this Lease forthwith and to immediate re-entry and repossession of the Premises: and

19.8 claim the full value of all arrear amounts owing in terms of this Lease together with the present value of each unpaid but not yet due and payable Total Monthly Rental for the unexpired portion of the Lease as pre-estimated liquidated damages.

19.9 be entitled to remedy any such breach and immediately recover the total cost incurred by the Lessor in so doing from the Lessee.

20. CANCELLATION DISPUTED

 20.1 Dispute. Should the Lessor cancel this lease and the Lessee dispute the Lessor’s right to do so and remain in occupation of the Premises and to use the contents, the Lessee shall, pending the determination of the dispute, continue to pay all rentals and other amounts due by the Lessee in terms of this Lease on the due date thereof and the Lessor shall be entitled to recover, sue for and accept those payments without prejudice to and without in any manner whatsoever affecting the Lessor’s claim to cancellation of this lease or of any other nature whatsoever.

20.2 Holding over. Should the dispute between the Lessor and the Lessee be determined in favour of the Lessor then the payments made to the Lessor in terms of clause 20.1 above shall be regarded as amounts paid by the Lessee on account of the loss sustained by the Lessor as a result of the holding over by the Lessee of the Premises and its contents.

21. DOMICILIUM AND NOTICES

 21.1 All notices given by either party to the other in terms of this Agreement shall be delivered by email or WhatsApp, including to the physical address of the Premises in respect of the Lessee, which address is hereby chosen by the Lessor and Lessee as their domicilium citandi et executandi for the purposes of serving all notices and/or Court process pursuant to this Agreement.

21.2 A party may at any time change its domicilium by notice in writing, providing that the new domicilium is in the Republic of South Africa and consists of, or includes, as physical address at which process can be served or any notice given.

21.3 All notices shall be in writing and sent by email or WhatsApp and/or hand delivered to the domicilium, chosen by the party concerned.

21.4 if delivered by hand the notice shall be deemed to have been delivered on date of delivery. Should the Lessee refuse granting access to the Lessor (or its representative) to the Premises for the purposes of hand delivering a notice, the Lessor (or its representative) shall be entitled to leave the notice in the apartment’s mailbox and the onus rests on the Lessee to show that it has not received the notice.

21.5 If sent by email or WhatsApp, the notice shall be deemed to have been received on the same day of transmission, save that if not delivered on a business day, it shall be deemed to have been received on the 1^st (first) business day after the day on which it was transmitted.

22. LIMITATION OF LIABILITY

 22.1 No Claims. The Lessor shall not be liable to the Lessee or any other person whatsoever for any injury, loss or damage of any description whatsoever which the Lessee or any other person, including without limitation, a member of the Lessees family or any employee or servant or any relative, friend, acquaintance, visitor, invitee or guest of the Lessee may sustain directly or indirectly in or about the Premises, the  contents and the furniture from whatsoever cause rising, even if such loss, damage or injury is cause through the negligence of the Lessor or the Lesser’s Agents, servants or employees or by reason of any latent or patent defects in the Premises or building or any part thereof being in a defective condition or by reason of the existing Lessee not having vacated the Premises or arising out of vis major or causus fortuilous or any other cause either wholly or partly beyond the Lessor’s control, or arising in any manner whatsoever in the Premises by any person whatsoever, or arising from any other cause whatsoever.

22.2 Indemnity. The Lessee hereby accepts responsibility for, indemnifies and holds harmless the Lessor and the Lessor’s employees, servants or Agents against any claim by any such person for any injury, loss of damage howsoever arising in or on the Premises or in consequence of any act or omission by the Lessee or the Lessees family or any employee or servant or any relative, friend, acquaintance, visitor, invitee or guest of the Lessee.

22.3 No liability. Neither the Lessor nor its Agents or employees shall be liable to the Lessee for any loss or damage suffered by the Lessee, including but not limited to loss or damage to the Lessee’s personal possessions, furniture, equipment and other goods, or be liable for an injury or loss of life to the Lessee’s family members, employees, guests or other persons arising from the overflow of water supply or any leakage or any fault in the plumbing work or any electrical fault or by reason of the elements of the weather or failure on the part of the Lessor to carry out any repairs of maintenance unless such is required for the proper functioning of the Premises, or of any latent or patent defect in the Premises or from any other cause whatsoever. The Lessee shall during the currency of this Lease or any extension thereof at its own cost maintain adequate public liability insurance and insurance against all risks that the Lessee bears under this Lease.

22.4 The Lessee shall not be entitled to cancel this Lease or to reduce the rental and costs or fail to pay rental or any other amounts as a result of any damage, loss of injury as set out herein above.

23. GENERAL CLAUSES

 23.1 Jurisdiction. The Lessee hereby consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against the Lessee by the Lessor in connection with this Lease, notwithstanding that such action or proceedings would otherwise be beyond such jurisdiction, without prejudice to the Lessor’s right to institute any action in the High Court having jurisdiction.

23.2 Joint and several liability. If there are 2 (two) Lessees their liability is joint and several.

23.3 Alien. Should the Lessee be an alien, as defined in applicable legislation, the Lessee

warrants that the Lessee is in possession of a permit issued in terms such legislation which qualifies the Lessor to rent the Premises, the contents and furniture.

23.4 Costs. Should the Lessor institute action against the Lessee pursuant to a breach by the Lessee of this Lease, then without prejudice to any other rights which the Lessor may have, the Lessor shall be entitled to recover from the Lessee all costs incurred by it including costs on the attorney and client scale, tracing fees and such collection commission as the Lessor is obliged to pay its attorneys.

23.5 Relaxation. No relaxation which the Lessor may show at any time whatsoever in regard to carrying out of any of the Lessee’s obligations in terms of this lease shall prejudice any of the Lessor’s rights under this lease in any manner whatsoever or be regarded as a waiver of any of the Lessor’s rights under this lease in any manner whatsoever.

23.6 Whole agreement. This lease contains all the terms and conditions of the agreement entered into by the Lessor and the Lessee and the Lessee acknowledges that no representation, warranty, undertaking or promise whatsoever which may have been made by the Lessor or the Agents or servants other than those contained herein shall be binding on or enforceable against the Lessor.

23.7 Variation. No alteration or variation of the terms of this lease or any alleged cancellation by mutual consent shall be of any force or effect unless reduced to writing and signed by the Lessor and the Lessee or any person duly authorized thereto in writing by them.

23.8 Severability. If any clause or part of a Clause, is found to be unlawful, the balance of the lease agreement will remain binding on both the Lessee and the Lessor.

23.9 Conduct rules. The Lessee acknowledges that the Lessee shall be bound by the Lessor’s Conduct Rules, as annexed to this agreement.