Welcome to CasaCalme, a luxury guest house located in Blouberg, Cape Town, South Africa. These comprehensive Terms and Conditions (“Terms“) govern the relationship between CasaCalme (referred to as “we,” “us,” or “our”) and all guests (referred to as “you” or “your”) making a booking or staying at our property. By making a booking, remitting any payment (whether in full or in part), or by receiving these Terms, you acknowledge that you have read, understood, and irrevocably agreed to be bound by these Terms, which include the detailed House Rules set out below. These Terms are designed to protect our property, ensure your comfort, maintain harmony within the complex and neighbourhood, and clearly define the rights and responsibilities of both parties.
1. Definitions
For the purposes of these Terms:
- “CasaCalme”: Refers to the luxury guest house located in Blouberg, Cape Town, South Africa, its legal owners, management, and all staff members.
- “Guest” / “You”: Refers to the individual or individuals making a booking with CasaCalme, and all persons accompanying them and staying at the Property.
- “Booking”: Refers to the confirmed reservation made by the Guest for a specific period of stay at CasaCalme.
- “Property”: Refers to the physical premises of CasaCalme, including but not limited to the accommodation unit, all interior spaces, outdoor areas, gardens, facilities, amenities, furniture, fixtures, appliances, décor, and all contents therein.
- “Services”: Refers to the provision of accommodation, agreed-upon meals, and other amenities explicitly offered and confirmed by CasaCalme as part of the Booking.
- “HOA”: Refers to the Homeowners Association governing the residential estate in which CasaCalme is located.
- “Security Deposit”: A refundable amount held by CasaCalme to cover potential damages, excessive cleaning, or other charges as outlined in these Terms.
2. Bookings, Payments & Cancellations
2.1 Booking Confirmation
A Booking is only confirmed once:
- CasaCalme has received full payment for the entire duration of the stay.
- The Guest has received a confirmation email or letter from CasaCalme, clearly detailing the Booking dates and particulars. We reserve the right to decline any booking at our sole discretion.
2.2 Payment Terms
- Payment Methods: CasaCalme exclusively accepts payment via Electronic Funds Transfer (EFT) unless otherwise explicitly agreed upon in writing. All payments must be made in South African Rand (ZAR).
- Payment Due Date: Full payment is due at the time of booking to confirm and secure the reservation. Your booking will remain provisional until full payment is received and cleared.
- Late Payments: Failure to make payment within the stipulated timeframe, or for the full amount required, may result in the automatic cancellation of the provisional booking without prior notice or liability to CasaCalme.
2.3 Cancellation Policy
All direct bookings made with CasaCalme are final. Due to the exclusive nature of our luxury accommodation and the associated operational commitments, the following cancellation policy applies strictly:
- No Cancellations or Refunds: Once a booking is confirmed and payment has been received, no cancellations will be permitted, and no refunds (full or partial) will be issued under any circumstances, including but not limited to, changes in travel plans, personal emergencies, natural disasters, pandemics, or governmental restrictions. We strongly advise guests to acquire comprehensive travel insurance to cover unforeseen circumstances that may lead to the cancellation of their trip.
2.4 Changes to Bookings
- Any requests for changes to confirmed bookings, including but not limited to adjustments to dates or room types, are subject to CasaCalme’s sole discretion and availability.
- Such changes are not guaranteed and, if approved, may incur additional charges reflecting any difference in rates or administrative fees. All requests for changes must be submitted in writing.
3. Security Deposit
3.1 Security Deposit Amount
A refundable security deposit of R9,800.00 (Nine Thousand Eight Hundred South African Rand) may be required upon check-in. This deposit is intended to cover any potential damages to the Property, excessive cleaning requirements, loss of keys, or other charges as outlined in these Terms.
3.2 Security Deposit Collection
The Security Deposit will be collected via a pre-authorised hold on your credit card or a direct EFT, as determined by CasaCalme. You hereby authorise CasaCalme to process this hold or payment.
3.3 Security Deposit Refund
The Security Deposit will be refunded within 7 (seven) business days after your check-out, provided that:
- No damages or losses have been caused to the Property or its contents during your stay.
- No excessive cleaning costs have been incurred (beyond standard cleaning).
- All keys and access devices have been returned.
- No other breaches of these Terms, including but not limited to violations of occupancy limits or house rules, have occurred which incur penalties or costs.
- Should any damages, losses, or additional costs arise, CasaCalme reserves the right to deduct the relevant amount from the Security Deposit. If the costs exceed the Security Deposit, you agree to pay the difference within 7 (seven) days of receiving an invoice.
4. Guest Responsibilities
As a Guest at CasaCalme, you undertake the following responsibilities:
4.1 Property Care & Condition
- You are responsible for taking reasonable care of the Property and its facilities during your stay. This includes using all appliances, amenities, and furnishings in a proper and respectful manner.
- You agree to leave the Property in a reasonably clean and tidy condition upon departure, removing all personal belongings, rubbish, and food items.
- Any damage or loss caused to the Property, its contents, or communal areas within the complex (if applicable) during your stay, whether accidental or intentional, will be your sole financial liability.
4.2 House Rules & Regulations
- You must strictly abide by all House Rules and regulations provided at check-in, displayed at the Property, or communicated by CasaCalme staff. These rules are an integral part of these Terms.
- Failure to comply with any House Rule may result in penalties, additional charges, or immediate termination of your stay without refund.
4.3 Compliance with Law
- You must comply with all applicable laws, by-laws, and regulations of the Republic of South Africa during your stay at CasaCalme.
- Any illegal activities are strictly prohibited and will result in immediate eviction and potential reporting to law enforcement.
5. CasaCalme’s Responsibilities
CasaCalme is committed to providing a luxurious and comfortable stay, and undertakes the following responsibilities:
5.1 Property Maintenance
- CasaCalme is responsible for maintaining the Property and its facilities in good working order and a state of repair.
- While we strive for perfection, in the event of any maintenance issues or equipment failure, we will endeavour to resolve them as promptly as reasonably possible. No refunds or compensation will be provided for temporary disruptions to services or amenities outside of our reasonable control.
5.2 Cleanliness and Safety
- CasaCalme is responsible for ensuring the Property is clean, hygienic, and safe for guests upon check-in.
- We comply with relevant health and safety standards applicable in South Africa.
5.3 Services Provision
- CasaCalme is responsible for providing the Services as explicitly outlined and confirmed in your Booking confirmation.
6. General House Rules (Integral to Terms)
Your adherence to these House Rules is mandatory. Breaches will result in penalties and potential eviction as detailed below.
6.1 No Smoking Indoors
- Smoking (including e-cigarettes and vaping) inside any part of the Property is strictly prohibited.
- You may smoke outside only, utilizing ashtrays provided.
- Violation: A R2,500.00 (Two Thousand Five Hundred South African Rand) deep cleaning and deodorizing fee will be charged to your card or deducted from your Security Deposit. This fee is non-negotiable.
6.2 Cleanliness & Hygiene Upon Departure
- While basic cleaning is included in your booking, the Property must be left in a reasonably tidy condition.
- This includes, but is not limited to, washing dishes, disposing of food waste, placing rubbish in designated bins, and generally tidying up.
- Violation: If the Property is left in an excessively dirty or unsanitary condition, a deep cleaning fee starting at R1,000.00 (One Thousand South African Rand) will apply, and will be deducted from your Security Deposit or charged to your card. This includes excessive stains on carpets/furnishings, significant food waste, or unbagged rubbish.
6.3 No Eating in Bedrooms
- To preserve the quality and longevity of our linens, carpets, and furnishings, food and beverages (except plain water) are not allowed in bedrooms.
- Violation: Any damage (e.g., stains, crumbs, spills) caused by food or beverages in bedrooms will be charged at the full replacement or professional cleaning cost of the affected items (e.g., bedding, carpets, mattresses).
6.4 Furniture & Fixtures
- Do not rearrange, move, or remove any furniture, décor, electronics, appliances, or other items from their designated positions within the Property.
- Violation: If any item belonging to CasaCalme is damaged, broken, lost, or removed from the Property, the Guest is liable for the full replacement or repair cost of the item, plus any associated delivery or installation charges.
6.5 Keys & Lock Access
- You are responsible for the safekeeping of all keys and access devices provided during your stay.
- Lost or damaged keys: A R500.00 (Five Hundred South African Rand) replacement fee will be charged per key.
- Locksmith Services: If a locksmith is required due to lost keys, keys left inside the property, or damage caused to locks by the Guest, you are responsible for all associated costs incurred by CasaCalme.
7. Complex Rules & Neighbourhood Policy (Integral to Terms)
CasaCalme is situated within a private residential community governed by a Homeowners Association (HOA). Your adherence to these complex rules is paramount for the peaceful enjoyment of all residents and is a condition of your stay. Breaches of these rules may result in severe penalties, fines levied by the HOA, and immediate eviction.
7.1 Strict Noise Curfew: 10:00 PM
- No loud music, parties, events, or disturbances are permitted after 10:00 PM (22:00). This includes loud conversations, shouting, or excessive noise from any source.
- Violation: Any violation of the noise curfew will result in a formal complaint to the HOA, and may lead to immediate termination of your stay and eviction without any refund. CasaCalme reserves the right to impose a penalty fee of R1,500.00 (One Thousand Five Hundred South African Rand) per incident for noise disturbances.
7.2 Driving & Parking
- Speed limits within the complex must be strictly observed. These limits are clearly signposted.
- Parking is only allowed in designated parking areas as indicated by CasaCalme or the complex signage. Do not park on roads, pavements, or in areas designated for other residents.
- Violation: Reckless driving or unauthorised parking may result in fines levied by the HOA (which you will be liable for), towing of your vehicle at your expense, or termination of your stay and eviction.
7.3 Respect the Community
- You must conduct yourselves in a manner that shows respect for the surrounding residential community and its residents.
- Any antisocial behaviour, excessive noise, disruptive conduct, or general disregard for the peace and quiet of the neighbourhood will not be tolerated.
- Violation: Such conduct will result in a formal complaint to the HOA, and your stay may be immediately terminated without refund. CasaCalme reserves the right to levy additional charges for any fines or penalties imposed by the HOA as a result of your behaviour.
8. Damages, Liability & Security Deposit (Further Provisions)
8.1 Guest Liability for Damage
- You are fully and solely responsible for any and all damage, stains, breakage, defacement, or theft that occurs at the Property or to its contents during your stay. This includes, but is not limited to, furnishings, décor, appliances, kitchenware, bedding, towels, flooring, walls, electronic equipment, and any other items belonging to CasaCalme.
- This liability extends to damages caused by your invitees or any person permitted by you to enter the Property.
- You agree to immediately notify CasaCalme of any damage, loss, or breakage that occurs during your stay.
8.2 Property Inspection
- The Property is thoroughly inspected by CasaCalme staff before your check-in and again immediately after your check-out.
- Any discrepancies, damages, or issues found during the post-checkout inspection will be documented (including photographic evidence where possible) and communicated to you within 24 hours of your departure. You will be provided with an itemised statement of costs for repairs or replacements.
8.3 Personal Belongings
- CasaCalme, its owners, management, and staff accept no responsibility or liability for any loss, damage, or theft of your personal belongings or valuables during your stay, whether inside or outside the Property, or within the complex.
- You are solely responsible for the security and safekeeping of your personal possessions. We advise you to securely store all valuables and ensure all doors and windows are locked when you leave the Property.
8.4 Injuries and Accidents
- Guests stay at the Property entirely at their own risk.
- CasaCalme, its owners, management, and staff shall not be held liable for any personal injury, accident, illness, death, or property damage sustained by you or any member of your party occurring on the Property or within the complex, regardless of the cause.
- This exclusion of liability applies whether such injury or accident arises from negligence, misuse of facilities, failure to follow safety guidelines, or any other cause, save for gross negligence or wilful misconduct on the part of CasaCalme.
- You acknowledge and accept the inherent risks associated with using the Property’s facilities (e.g., swimming pool, stairs, kitchen equipment) and agree to exercise caution and supervision, especially with children.
9. Occupancy, Conduct & Eviction
9.1 Maximum Occupancy
- The maximum occupancy limit for CasaCalme is strictly 12 (twelve) guests. This number includes all adults and children.
- No additional guests beyond the confirmed number are permitted to stay overnight or to congregate at the Property without explicit prior written permission from CasaCalme.
- Violation: If additional, unapproved guests are found on the Property, a charge of R1,000.00 (One Thousand South African Rand) per person per night will be levied. Unreported guests may also result in the immediate termination of your stay and eviction without refund.
9.2 Parties & Events Strictly Prohibited
- No parties, large gatherings, events, or commercial activities of any kind are allowed at CasaCalme without prior written consent and specific arrangements (which may incur additional fees and conditions).
- This prohibition is in place to ensure compliance with HOA rules and to protect the peaceful residential nature of the complex.
- Violation: Any violation of this rule will result in the immediate removal of all guests from the Property without any refund. Law enforcement may be contacted if the situation warrants.
9.3 Unauthorized Conduct
- Any form of abuse, harassment, unlawful activity, excessive noise, or any conduct that violates these Terms, the House Rules, or the HOA regulations will not be tolerated.
- This includes, but is not limited to, illegal substance use, public indecency, violence, discrimination, or any behaviour that disturbs neighbours or damages the reputation of CasaCalme.
- Violation: Such conduct may lead to the immediate removal of all guests from the Property without any refund, and law enforcement may be contacted as deemed necessary by CasaCalme.
10. Check-In / Check-Out
10.1 Check-In
- Standard Check-In Time: 14:00 (2:00 PM) – 16:00 (4:00 PM) SAST.
- You are required to provide a valid form of identification (ID document or passport) for all adult guests upon check-in, in accordance with South African legal requirements for accommodation establishments.
- Late Arrivals: Arrivals after 16:00 (4:00 PM) must be arranged in advance with CasaCalme. Unauthorised late check-ins may not be accommodated or may incur a late check-in fee of R300.00 (Three Hundred South African Rand).
10.2 Check-Out
- Strict Check-Out Time: By 10:00 AM (10:00) SAST.
- You are required to vacate the Property and return all keys by the stipulated check-out time.
- Unauthorized Late Check-Outs: Any guest remaining in the Property beyond 10:00 AM without prior written agreement from CasaCalme will be charged an additional full day’s rate for the Property, or a minimum penalty fee of R500.00 (Five Hundred South African Rand) for a delay of up to 2 hours. Delays exceeding 2 hours will automatically incur the full day’s rate.
- In the event of an unauthorised late check-out impacting the subsequent booking, you will be liable for any compensation or alternative accommodation costs incurred by CasaCalme for the next guest.
11. Homeowners Association (HOA) & Short-Term Rental Compliance
CasaCalme is situated within a private residential estate and is therefore governed by a Homeowners Association (HOA). Your stay is expressly conditional upon your strict adherence to the HOA’s rules, regulations, and architectural guidelines, as these are binding on all residents and guests within the estate.
- Compliance is Mandatory: You acknowledge and agree that any failure to comply with the community rules, regulations, or directives of the HOA during your stay may result in serious consequences, including but not limited to:
- Fines or penalties levied by the HOA, for which you will be fully liable.
- Intervention by the HOA, including requests for immediate cessation of prohibited activities.
- Immediate cancellation of your Booking without any refund.
- CasaCalme losing the right or permission to host short-term guests in the future, for which you may be held liable for demonstrable damages.
- Information Sharing: You consent to CasaCalme sharing necessary guest information with the HOA for security purposes, rule enforcement, or as required by the HOA’s regulations or South African law.
12. Limitation of Liability and Indemnity
12.1 CasaCalme’s Limitation of Liability
- CasaCalme’s maximum aggregate liability arising out of or in connection with your Booking or stay at the Property, whether in contract, delict (tort), or otherwise, shall not exceed the total amount paid by you to CasaCalme for the specific Booking from which the liability arises.
- In no event shall CasaCalme, its owners, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use the Services or Property.
- Any conduct or content of any third party on the Services or Property.
- Any content obtained from the Services or Property.
- Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, delict (tort), or any other legal theory, whether or not we have been informed of the possibility of such damage.
- This limitation of liability is comprehensive and applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
12.2 Guest Indemnity
- You hereby fully indemnify and hold harmless CasaCalme, its owners, management, staff, agents, and affiliated entities, from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including legal fees on an attorney-and-own-client scale) arising out of or in connection with:
- Your stay at CasaCalme.
- Any breach of these Terms and Conditions or the House Rules by you or any member of your party.
- Any damage to the Property or loss of property caused by you or any member of your party.
- Any personal injury, accident, illness, or death suffered by you or any member of your party on the Property, save for instances of gross negligence or wilful misconduct by CasaCalme.
- Any act or omission by you or any member of your party that results in a fine or penalty being levied on CasaCalme by the HOA or any governmental authority.
- Your violation of any applicable laws, bylaws, or regulations.
13. Governing Law and Jurisdiction
13.1 Governing Law
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
13.2 Dispute Resolution & Jurisdiction
- Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and resolved through arbitration in accordance with the expedited rules of the Arbitration Foundation of Southern Africa (AFSA).
- The arbitration shall be held in Cape Town, Western Cape, South Africa.
- The decision of the arbitrator(s) shall be final and binding upon both parties.
- Notwithstanding the foregoing, CasaCalme reserves the right to seek urgent interim relief (such as interdictory relief) from any competent court having jurisdiction, should such relief be deemed necessary to protect its interests.
- By agreeing to these Terms, you irrevocably consent to the exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town, for any proceedings arising from or connected with these Terms that are not subject to arbitration.
14. Changes to these Terms
14.1 Right to Modify
- CasaCalme reserves the right to modify, amend, or update these Terms and Conditions at any time without prior written notice to you.
- Any changes will be effective immediately upon being posted on the CasaCalme website or otherwise communicated.
14.2 Guest Notification
- While CasaCalme may endeavour to notify guests of significant changes via email or on the CasaCalme website, it remains your responsibility to review these Terms periodically. The Terms applicable at the time of your booking will govern that specific booking.
15. Entire Agreement
15.1 Comprehensive Agreement
- These Terms and Conditions, including the integrated House Rules, constitute the entire agreement between CasaCalme and the Guest concerning your Booking and stay at the Property, and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written, between the parties.
15.2 No Variations
- No variations, amendments, or waivers to these Terms shall be binding unless made in writing and explicitly signed by an authorised representative of CasaCalme and the Guest.
16. Acceptance of Terms
By making a Booking with CasaCalme, remitting any payment (in full or in part) for your stay, or by physically checking into the Property, you acknowledge and confirm that:
- You have read, understood, and unequivocally agreed to be bound by all the provisions contained within these Terms and Conditions, including all referenced House Rules.
- You acknowledge that you have also read and understood the refunds and returns policy (as detailed in the Cancellation Policy section 2.3), which is incorporated into these Terms by reference.
- You are entering into a legally binding agreement with CasaCalme.
17. Contact Us
Should you have any questions or require clarification regarding these Terms and Conditions, please do not hesitate to contact CasaCalme directly using the contact details provided in your booking confirmation or on our official website.