Booking Terms and Conditions

1. All bookings facilitated through The Top Floor are subject to The terms and conditions as indicated below. The client, who is also the principal guest, is fully responsible for payment, damages, queries, fines or other, related to this booking.

2. The client is required to pay 50% (or more depending on the occupation date of the booking- see point 5 below)of the total booking indicated in the Booking Invoice provided by The Top floor once a selection is made, in order to secure the booking. This amount is to reflect in The Top Floor’s account by the stipulated date as provided on the Booking Invoice. Should the client fail to pay the required 50% or more within the supplied time frame as indicated on the Booking Invoice, the booking automatically, without notice dissolves and is therefore cancelled.

3. Forex funds are to be converted into Rands before transferring to ensure the full amount on invoice reflects upon receipt in our account. Kindly forward a proof of this transfer. The Top Floor will not accept responsibility for any bank charges or any other charges related to payments made to The Top Floor.

4. Should you wish to use your credit card, you are able to make use of Snap Scan which is available on our website with a 4% surcharge for this facility. This way credit card and personal details are not exposed. Should you wish to proceed with this method of payment, you agree to Snapscans payment terms and conditions.

5. The balance of the total booking amount is due no less than 35 days prior to arrival, unless otherwise indicated on the Booking Invoice supplied by The Top Floor. Should the client fail to pay the required balance due within the supplied time frame as indicated on the Booking Invoice, the booking automatically, without notice dissolves and is therefore cancelled. This balance is due to reflect in The Top Floor bank account by the stipulated date as per the Booking Invoice.
Should the commencement of the booking fall within 35 days of the arrival date, the total booking amount is due and payable on submission of the Booking Documentation along with proof of payment.

6. Should a booking dissolve automatically due to non-payment, the client forfeits all funds received by The Top Floor. Should the client fail to make payment of any amount outstanding to The Top Floor as per this agreement, The Top Floor reserves the right to terminate such bookings with immediate effect of which the client forfeits any funds received by The Top Floor. The Top floor will not be liable to refund any funds received.

7. A booking is only considered confirmed once all signed Booking Documents, additional documents requested and required funds have been received as well as a confirmation from the property manager/Owner is in place.

8. Any and all payments made to The Top Floor are final and it is hereby agreed that the Client confirms that under no circumstances whatsoever shall the client at any time instruct or authorise a cancellation or reversal of such transactions payable to The Top Floor. All Credit card and Snap scan payments are subject to a 4% surcharge over and above the amount due to be processed.

9. Should the Client cancel this booking agreement prior to occupation of the property, The Top Floor is thereby entitled to charge a cancellation penalty for such cancellation. The costs/losses for such cancellation are to be kept to a minimum and The Top floor agrees to take all reasonable steps to ensure this. In the event The Top floor is not able to replace the booking and/or re-book the Property, The Top Floor shall not be liable for any refunds and therefore in the event of such cancellation, no refund shall be due or payable to the client. Clients are hereby advised to ensure they procure suitable insurance covering all guest’s own risks for any occurrence that may occur.

10. All payments are to reflect in full and free of any deduction, set offs, Forex or any other charges and taxes, in The Top Floor bank account within the stipulated time frame as per the Booking Invoice.

11. A refundable Damages Deposit will be included in the Booking Invoice of which the amount will be stipulated as this amount varies from property to property. The Amount will be supplied by the Client as a cash deposit to reflect in The Top Floor’s bank account in accordance with the booking terms. Should an alternative arrangement be made and agreed to in writing, that a credit card be supplied to the property or any other arrangement, the client agree’s to ensure those terms of agreement are met as no occupation will be allowed until such time as the necessary or agreed to breakage deposit is in place for the booking.

12. Damages deposit requirements vary from property to property, therefore the Client is responsible to ensure they provide such Credit card and id/passport upon arrival or prior, directly with the property manager/owner should this be the arrangement.

13. Should the Client fail to provide the agreed necessary breakages deposit, no access will be permitted until such time as an acceptable Damages Deposit and any required supporting documentation(such as an Identity document, or other) are presented to the property manager/owner. The Top floor will not be liable for refusal of entry to the said property due to such failure by the Client to comply to the terms and conditions as agreed to in this document or alternative arrangement made by the Client. The stipulated Damages Deposit must be provided before occupation is permitted to any guests.

14. The Damages Deposit will be used to cover any loss or damages suffered by The Top Floor, the Owner or their representative. A cash Damages Deposit shall be refunded to the Client after the premises have been vacated and after the deduction of any costs incurred by the Guests due to the repair of damages to the premises or contents thereof, outstanding amounts and any other expenses the Client is liable for. It is hereby agreed that the Client hereby authorises The Top Floor, The Owner and/or their representative to utilise such funds as required from the refundable damages deposit.

15. The premises are only to be used for the guests personal use, as a private residence by all guests residing at the property for the duration of this agreement. The Client therefore takes full responsibility for all guests as all persons occupying the property are subject to the terms and conditions of this agreement. Should the number of guests increase, the client is to inform the property manger/Owner or The Top Floor immediately as well as their intended length of stay. Any additional guests are to receive written consent from either The Top Floor or the Owner/property manager, before taking occupation of the premises, of which consent may be withheld. Additional guests may incur additional costs for the Client as an additional nightly charge determined by The Top Floor, may apply at the discretion of The Top Floor and or the Owner or property manager.

16. The number of occupants shall not exceed the maximum number of guests that the property can accommodate as determined by The Top Floor.

17. The Client shall be responsible for the cost of the Internet usage (if applicable)and additional services during occupation, which shall be paid from either the Damages deposit held by The Top Floor, or charged to the credit card as supplied to the property manager/ Owner by the Client. Should the property include the use of Wifi or any other service as agreed in writing prior to occupation, the agreed usage for such services will be complimentary.

18. The Client or Guests are not permitted to make duplicate copies of the keys pertaining to the premises without prior written consent by The Top Floor. The Client and/or guests shall upon departure deliver all keys including remotes and access discs to The Top Floor or The Property manager/Owner.

19. All guests have the use of linen and bath towels on the premises but are not permitted to remove these or any other items belonging to the property, from the premises. The client and guests shall keep the premises and its contents in the same good condition as they were upon occupation of the property. The client and guests shall upon departing the premises return the property and it’s contents in the same good condition as it was received. The Client is responsible for the cost of repair of any damages to the property or it’s contents, including any amount over the retained Damages deposit. Should keys not be returned upon departure, replacement of locks and keys will be for the Client’s cost.

20. The Top Floor and it’s employees, agent, contractors, or anyone else acting on behalf of The Top Floor is not liable for any theft, claim, loss, injury or damages which the guests(including the guests family members, other occupants and visitors)may directly or indirectly suffer at the property. The Top Floor shall not be liable to the Client or any of the guests for any Direct or indirect, special consequential or punitive damages arising from any Booking.

21. The Guests are to inform The Top Floor or the property manager/Owner, within 24 hours of occupancy, any defects or concerns regarding the premises or its contents. Thereafter it shall be understood that the premises and its contents were in good condition. No alternations or additions are permitted to be effected to the premises or its contents.

22. The Client agrees to pay an amount equal to any claim for any loss/damages or injury suffered on the premises against The Top Floor by any party/person, in consequence to any act or omission by the guests or any person occupying the premises under the responsibility of the Client, due to the guests occupation of the premises.

23. The Top Floor, the owner/property manager and any representatives have the right of access to the property in order to affect any repairs to the premises, or for any emergency purposes. The Guests will be notified accordingly in order to ensure reasonable notice is provided to avoid the guest being inconvenienced

24. The client and guests accept Section 45 of the magistrates court Act 1944, as amended, and consent that the jurisdiction of the Magistrates court having jurisdiction of the guests in respect of any proceedings which may be instituted against the Client or any of the guests arising from this agreement.

25. Should the Client or any of the guests commit a breach of this agreement The Top Floor shall call upon the Client or guests to remedy the breach and should the Client or guests fail to do so, The Top floor or the property manger/Owner reserves the right to cancel the agreement without prejudice to any of their other rights within the law, either claim specific performance in terms of this agreement or to cancel this agreement forthwith and without further notice, and claim damages from the Client and/or guest.

26. Should The Top floor indulge the Client or any of the guests at any time, this shall in no way effect The Top Floor enforcing its rights.

27. The Client or any of the guests are not permitted to sub-lease the premises or any portion thereof. The Client shall not cede hi/her rights or delegate any of his/her obligations.

28. Should the property be simultaneously for sale, the Client and guests agree to allow the relevant person/persons access to the premises for selling purposes. This access with be subject to reasonable notice and during convenient times for the guests.

29. Unless a prior arrangement is made with The Top Floor in writing, please note that check in time is from 14:00 and check out time no later than 10:00.

30. The guests undertake not to cause a nuisance to any other guests or occupiers of adjacent or other properties within the vicinity and specifically agrees to not cause a nuisance by emitting gas, fluids, or noise. It is understood that the Client or guests are not permitted to make any negative statements regarding The Top Floor and the services offered in any format to any person, entity, media or organisation whatsoever.

31. Strictly no events, parties or similar to be held at the property unless arranged with The Top Floor in writing prior to occupation. Should the guests breach this clause, the Client and guests shall be subject to a fine at the Discretion of The Top Floor and the Property manager/Owner.

32. The terms of any booking concluded between the Client and The Top Floor form the sole contractual relationship between the parties. The Client and guests chooses the address of the booked property to be their Domicilia Citandi et executandi.

33. All photographs and website information are only provided to create an overall impression of the properties and areas.. The Top Floor cannot be liable for any items of furniture etc that may have changed or been removed from the property, or any changes to the general property environment that may have occurred since the photographs were taken. The description, information and photographs provided through various channels are merely for a general impression and are subject to change from time to time.

34. Should the Client or Guest request additional third party products or services be arranged through The Top Floor, The Top floor cannot be held responsible for the quality and service delivery of such products or services. Payments for such additional services and products shall be in addition to the Accommodation paid by the Client, and where applicable is to be settled directly with the relevant supplier.

Internet, 3G or wifi is provided by a third party supplier and therefore The Top Floor is not responsible for the reliability, speed or performance in general provided by the product or service.

35. The Top Floor will not be held responsible for any negligence and or wilful default by the supplier/owner of the accommodation. As The Top Floor is not the owner of the property and are only acting as an agent providing a service/booking facilitation and/or brokerage service, in return for a brokerage fee, The Top Floor cannot be held responsible for the Accommodation. Should the Client or guest be unsatisfied with the accommodation, or should the supplier/owner of the property, not honour the terms of your booking, no claim whatsoever can be held against The Top Floor however your recourse would be directly against the Owner/Property manager.

36. Should any Term or clause related to The Top Floors terms and conditions be deemed invalid or illegal, then the remaining terms and provisions of this agreement will be fully enforceable.

37. The terms and conditions of any agreement between The Top Floor and the Client along with the Booking Invoice associated to this agreement hereby constitutes the Sole contractual basis on which the parties will contact with one another otherwise agreed in writing.

38. Should any provision or provisions in this agreement be found invalid, illegal, unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms of this agreement are binding and are related to all transactions entered into between The Top Floor and The Client and/or guest.

39. With your signature you hereby acknowledge that The Top Floor acts simply as a conduit for the conclusion of a contract between yourself and the owner of the premises, or their appointed representatives.

Therefore by signing, you hereby acknowledge and agree that any and all claims for damages stemming from any issues relating to the premises or booking or any other reason, can only be made against the owner of the premises. Any right to claim damages against The Top Floor for any reason whatsoever is hereby waved by yourself and all who occupy the premises under your responsibility. The above is inclusive of any claim made in terms of the Consumer Protection Act No.60 of 2008.

40. The Client and /or guest hereby agrees that should any dispute or grievance pertaining to this agreement arise, the dispute shall be adjudicated in terms of the of the laws of the Republic of South Africa, irrespective of which country, court or jurisdiction the dispute or grievance is heard and adjudicated.

Further to the above-mentioned the following apply to all contracts concluded by The Top Floor (PTY) Ltd.

1. All properties are non- smoking and this is non negotiable. Please do ensure to mention to your consultant should a balcony or outside area be important as there are fines imposed should the property be exposed to smoking of any kind. Lovely patios and private balconies off bedrooms are often available and should you prefer to secure a suitable property, we would be more than happy to assist with this requirement.

2. Housekeeping varies from property to property. Although most properties include at least once a week cleaning and linen change, please chat to your consultant should you require regular cleaning to ensure this is included and if not, pre arranged for your convenience. Extra cleaning is charged additional to the booking and must be arranged prior to occupation.

3. Dstv and wifi are additional comforts almost all our properties offer, however the package included may vary from property to property. Please note, it is unfortunate that intermittent signal may be found in areas such as camps bay and Clifton due to poor coverage in the area and The Top Floor cannot be held responsible for such additional services.

4. Payment are accepted via eft, saving costs and ensuring the most efficient and safest method is used. Should you prefer to make use of your credit card, we do offer the snap scan payment method, allowing you to link your credit card to the App and make a payment instantly. Please note there is a 4% surcharge for making use of this method of payment which is for your cost. EFT is encouraged for this reason.

5. Unfortunately most of our properties are not pet friendly, however as we are in the service industry, we will do our best to source a special property for you should you require this for your much loved pet to join you on your visit to our city. Our friendly consultants will gladly look into this for you however cannot guarantee availability.

6. We have a strict noise policy which prohibits excessive noise. It is important to understand that our apartments and villas are private residences, however remain subject to body corporate and home owners association rules as well as a general responsibility to the community. Any disturbance to the peace within the building and neighbourhood will be regarded as grounds for imposing a fine for excessive noise.

7. Towels and linen are provided and are included in your rental, however please note beach and pool towels are the exception and are to be provided by the guest. Some Villas do go the extra mile and provide pool towels, but please do enquire specifically for this should you prefer to secure a property which accommodates this requirement.

8. Construction is a constant along the Atlantic Seaboard. In order to have all these luxurious homes we offer, tremendous amounts of energy goes into the creating and maintaining these properties in order to be able to offer the level of beauty, convenience and luxury we have come to know and love. Unfortunately there may also be renovations that occur from time to time, and we cannot be held responsible for this causing disturbance to your holiday as we have no control over this. Please keep this in mind when booking as we can only do our best to guide you to avoid construction in the near vicinity. The Top Floor cannot be held liable for any construction whatsoever as this is out of our control.

9. Late arrival fees. Although not all properties require such fees, should you be arriving out of normal business hours or before your check in time of 2pm, please chat to your consultant to ensure there are no additional charges for this so as to avoid misunderstanding and possible disappointment as earlier arrivals need to be arranged. Perhaps an additional arrangement can be made for you in advance.

10. Parties and functions are not permitted at our villas and apartment as a general rule, however we do have a selection which are equipped and prepared for such occasions and will gladly accommodate for an event. Should you be planning on hosting any type of gathering that may be constituted as a function or event, please chat to your consultant to ensure we have secured the right property for you. We have an event page which explains in more detail a few of the various aspects to consider when hosting a function at one of your exclusive villas for your convenience. A fine may be imposed for any undisclosed events as well as events held at properties not permitting such behaviour.

11. The Website is designed to inform you of potential properties for rental and are subject to availability. The information provided is merely an indication of the properties that may be available and may change from time to time without notice. The Top Floor endeavours to have updated information however cannot be held liable for any delay in updating these changes. Should you have any important requirements please do inform the consultant to ensure it is confirmed that the property meets your needs.