In these conditions for the ... CONDITIONS OF HIRE FOR RESORTS DEFINITIONS

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CONDITIONS OF HIRE FOR RESORTS
DEFINITIONS
In these conditions for the letting and the hire of a Municipality facility, unless the context indicates
otherwise:“The Council” – shall mean the Council of the City Of Cape Town or a duly delegated committee,
councillor or employee thereof
“The Lessor” – shall mean the City Of Cape Town municipality
“The Lessee” – shall mean the person or organisation hiring the Municipal facility
“Municipal Facility” – shall mean a hall, resort, swimming pool, sport and recreation centre, community
centre, stadia, sports fields and ancillary buildings and premises owned by the City Of Cape Town
“Structures” – shall mean constructed movable and immovable objects other than buildings including but
not limited to tents, stands and podiums.
“Council official” – shall mean an employee or contractor of the City Of Cape Town or any person lawfully
appointed by them to act on their behalf
“Premises” – shall mean the erf on which the facility is situated together with any other buildings or structures
thereon.
1.
1.1
1.2
1.3
1.4
1.5
Bookings and Payments
Bookings are at the discretion of Council and must be arranged through the Council’s booking
offices. Tariff charges will be calculated according to Council’s approved Tariff Schedule and are
payable in advance in accordance to an officially issued invoice. No bookings will be accepted for
City of Cape Town ratepayers who are in arrears with their municipal accounts.
Booking requests must be accompanied by the Council’s prescribed booking application form,
copy of ID (for individuals) and proof of banking details (bank stamp/ statement, cancelled
cheque). Bookings by commercial and community organisations must be accompanied by an
official letterhead.
A 50% deposit, of the total amount due (excluding breakage deposits), is required within 30 (thirty)
days after a provisional booking was made. The remaining 50% should be paid 30 (thirty) days
before the occupation date. If the period until the booking is less than 60 days, the full amount is
payable to secure the booking. Failure to make payment within the stipulated time periods will result
in the provisional booking being cancelled.
Municipal Facilities excluding Resorts:
1.4.1
No bookings will be accepted later than 3 (three) working days before intended date of use.
1.4.2
If a booking is for two consecutive days or more on Friday, Saturday, Sunday or Public
Holidays the tariff shall be charged at a minimum rate of 8 (eight) hours per day. Mondays to
Thursdays the tariff shall be charged at a minimum rate of 3 (three) hours per day.
1.4.3
Any extra time utilised for which no payment was made at the time of the booking will be
charged at the normal hourly tariff applicable plus 50%. Bookings are only up to midnight - if
occupation continues after midnight, the tariff for the period after midnight will be
calculated at double the ordinary hourly tariff.
1.4.4
Bookings for regular religious activities shall be accepted for only one month in advance and
can therefore not be made for a period exceeding 30 days.
1.4.5
No seating may be sold, booked or reserved, and no tickets may be distributed or any public
announcements made until payment is made in full and an official receipt has been issued.
Resorts only:
1.5.1
A maximum of 2 (two) camping sites/ chalets can be booked per customer.
1.5.2
Over the Easter weekend site/ chalets must be booked for a minimum of 4 (four) nights.
1.5.3
Bookings for High Season (15 December to 15 January) open on the 1st September. Bookings
for Easter open on the 1 February.
1.5.4
Bookings for periods longer than four weeks (28 days) will not be allowed without prior
arrangement with, and written approval of, the Resort Manager.
1.5.5
Conference facilities in resorts can only be booked for meetings and conference activities
and may not be booked for social events such as weddings and birthday parties.
Conditions of Hire for Municipal Facilities version 6: August 2015
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1.5.6
1.5.7
2.
2.1
2.2
2.3
2.4
3.
3.1
3.2
3.3
3.4
3.5
Payments can be made at any Cash Office of the City of Cape Town, through electronic
transfer or nationally at any branch of Checkers, Shoprite, Pick ‘n Pay, Post Office, FNB and
ABSA. Bank charges on payment amounts in excess of R3 000.00 made by credit/ debit card
will be debited to the Lessees account.
Any person or institution e.g. Ratepayers, Civic Associations, Municipal Unions, Council
Pension Fund, recognised Council Medical Aid funds must book and may apply for free
usage or a discounted tariff. See 5 for concessions.
Breakage Deposits
Every confirmed booking (including approved free usage) shall be accompanied by a repayable
breakage deposit which will be used to offset the cost of any loss, additional cleaning, removal of
Lessee’s furniture /fittings/ decorations/ other articles or damage to the property including damages
caused by any structures or activities on Council property surrounding the premises.
The portion of the breakage deposit remaining after deduction of any amount payable in terms of
these conditions shall be returned to the Lessee. In the event of the breakage deposit being
insufficient to cover any extra charges in terms of these conditions an account for the amount will
be rendered to the Lessee by the Council.
Notwithstanding the abovementioned, City of Cape Town ratepayers please note that if accounts
are in arrears, the remainder of the breakage deposit or the total deposit will be applied to settle the
debt.
Breakage deposits charged may be increased depending on the nature of an event.
Transfers/ Cancellations/ Refunds
An administration fee equivalent to 10% of the tariff applicable to a booking will be levied for every
transfer of a booking provided that written notice of intention to transfer is given on or before the
14th day prior to the date originally reserved and the facility being available on the new date
requested.
Cancellations must be by written notice.
If the booking is cancelled after the payment was received a 10% cancellation fee will be charged,
based on the total amount due (excluding breakage deposit).
If a cancellation request is received less than 14 (fourteen) days before occupation, no refund of
any money will be made.
Notwithstanding the abovementioned, should a booking be transferred or cancelled, the date of
the original booking will be used to determine the amount of refund to which the Lessee is entitled.
Cancellation by Council
The Council reserves the right to cancel any lease of any Municipal facility/property by giving 48
(forty-eight) hours prior written notice.
4.2 The non-fulfilment or breach of any of the Conditions by the Lessee or his/her representative shall
entitle the Council to cancel the lease agreement forthwith. Such cancellation shall be conveyed to
the Lessee in writing. In such event all amounts paid by the Lessee shall be forfeited. In addition the
Council strictly reserves the right to claim damages suffered as a result of the breach and/or
cancellation from the Lessee.
4.3 In the event of the premises being destroyed or becoming unsafe or unsuitable for use because of
an act of God, damage by fire, civil emergency or other incident prior to the commencement of
the lease period, the Lessee shall have no claim for damages whether direct or indirect from the
Council. In such event the Council will refund any monies paid by the Lessee in respect of the
relevant lease unless it is able to provide another suitable Council owned premises as substitute.
4.4 The premises shall be used exclusively for the purpose as set out in the application form. In the event
of the Lessee deviating substantially from this Council shall have the right to cancel the booking
forthwith and the Lessee will have no recourse to recover consequential damage suffered. If during
a function it becomes apparent that the Lessee has made a false declaration on the application
form concerning the purpose for which the premise will be used, the Council shall have the right to
hold the Lessee responsible for the payment of the tariff appropriate to such use or alternatively to
cancel the booking forthwith and to retain any rental paid as liquidated damages.
4.
4.1
Conditions of Hire for Municipal Facilities version 6: August 2015
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5.
5.1
5.2
5.3
5.4
5.5
5.6
5.7
Concessions (Free Usage)
The Director: Sport Recreation & Amenities or his/her nominee may grant any person or institution
free access, or 50% discount of applicable rate, to a Council facility provided that:
The facility is used for an event which Council has initiated, supports or participates in.
The application has been received at least 14 (fourteen) days before the intended use of the
facility.
Such person or institution first obtains certification in writing from the relevant Council Director that
they satisfy the requirements of paragraph 5.1. The relevant Director shall be determined by the
nature of the event that is to be held.
Such persons or institution is liable for all overtime payments which result from the usage of the
facility. A deposit will also be payable as per normal booking procedure.
Subject to paragraph 5.4 the City Manager certifies in writing that the facility will be utilized for a
purpose that promotes the interests of the Council.
Membership: Organisations using the facility which complement the core business of Sport
Recreation & Amenities Department of the City will be charged a membership fee.
Member organisations are eligible for block bookings not exceeding a period of three months. Only
members will be allowed to do block bookings not exceeding a period of three months.
Ward Councillors: Two free bookings for council matters are allowed per councillor per month, from
Mondays to Thursdays, per facility in their ward.
General
The Council reserves the right to refuse an application to hire any Municipal facility/property in which
case the applicant will be entitled to request written reasons for such refusal.
6.2 The Lessee shall not sublet the Municipal facility/property under any circumstances.
6.3 The Lessee’s domicillium citandi at executandi shall be the place stated as the address on the
Permit for the hire of the Municipal facility/property issued relevant to the specific booking.
6.
6.1
7. Indemnification
The Council shall not be liable for any loss or damage the Lessee may incur as a consequence of any
defect or neglect caused or arising in any way from the hire of the facility and the Lessee hereby
indemnifies the Council against any costs, damages and expenses which may be levied or made against
the Council or which the Council may sustain or incur by reason of any injury or damage to persons, or
property of any persons arising directly or indirectly out of the Lessee’s occupation at or use of the
facility/premises and the Lessee further indemnifies the Council and keeps the Council indemnified against
all costs, damages and expenses which may be suffered by the Council as a result of any damage of
whatsoever nature caused to the facility arising directly or indirectly out of the Lessee’s occupation at or use
of the Municipal facility/property.
Conditions of Hire for Municipal Facilities version 6: August 2015
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RESORT CONDITIONS
These resort conditions are intended to make your stay and that of fellow guests a pleasant one. The guest
who signs the guest register undertakes to inform the members of his/her group of the resort conditions, and
accepts responsibility that the group members will adhere to the conditions. The resort conditions will be
enforced to ensure that all guests respect the privacy, person and possessions of their fellow guests, the
facilities and the natural environment. The City of Cape Town reserves the right of admission to the resort
and all amenities. Decisions regarding the resort conditions rest with resort management.
1. Access to the resort is allowed through official entrances only. Guests are required to register upon
arrival, and to produce their guest registration forms if requested to do so by resort staff.
2. Camping and parking are permitted on allocated camping sites only. A maximum of six guests, two
vehicles and one caravan/trailer are allowed per camping site. All vehicles, tents, caravans and
accessories must remain within the boundaries of allocated sites.
3. The number of guests per chalet is limited to the number of beds per chalet. A maximum of two
vehicles are allowed per chalet, and vehicles must be parked in designated areas.
4. Sleeping other than in tents, caravans and/or chalets is strictly prohibited.
5. The speed limit in the resort is 20 km/h, and pedestrians have right of way. Normal rules of the road
apply in the resort.
6. No quad bikes, go-karts or other unlicensed vehicles are allowed. Skateboarding/ rollerblading is
allowed in designated areas only.
7. No animals allowed.
8. Adult guests are responsible for supervision of the children in their group.
9. The consumption of alcoholic beverages is limited to guests’ allocated site/ chalet. Drunkenness or
alcohol abuse is strictly prohibited.
10. Loud noise is not allowed. Guests are in particular expected to keep noise levels at an absolute
minimum between 22:00 and 08:00 as a matter of courtesy to others.
11. Stands must be kept tidy and litter-free by using the refuse bags and bins provided.
12. Dishes and clothing may be washed in designated areas only. No fish-cleaning shall be permitted in
ablution facilities or dishwashing basins. Washing is to be hung in designated areas only.
13. Fires may be made in designated areas only.
14. Picking of flowers, damage to the natural environment and feeding of wild animals such as baboons
are strictly prohibited.
15. Chalets must be vacated by 10:30 and camping sites by 12:00 on the date of departure. Guests
who fail to vacate on time may be evicted, and may be liable for a penalty rate as well as any cost
or liability incurred by the resort resulting from the guests’ failure to vacate.
16. The resort gates will be closed between 23:00 and 06:00. Entry/exit during these hours must be
arranged with resort management.
17. No guest shall be allowed to stay for more than four consecutive weeks (28 days) without prior
arrangement with, and written approval by, the resort manager.
Conditions of Hire for Municipal Facilities version 6: August 2015
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