Booking Terms

Last updated: 1 September 2026

This is an English translation for your convenience. In case of any discrepancy, the German version (Allgemeine Geschäftsbedingungen) is legally binding, as this agreement is governed by German law (see § 8).

§ 1 Scope, subject matter and parties to the contract

(1) These booking terms apply to all bookings of the apartment S1004 (Silverstream 1004), Disa Park, Vredehoek, Cape Town, South Africa, made through the website magicalcapevibes.com or the booking engine embedded there. For bookings made through third-party platforms such as Airbnb or Booking.com, the respective terms of that platform take precedence; these booking terms apply only in a supplementary capacity where the platform's terms make no differing provision.

(2) The contracting party (referred to below as the "Host") is Andreas Wolf and Verena Wolf, acting jointly under the name "Magical Cape Vibes". The other party to the contract is the person making the booking (referred to below as the "Guest").

(3) The subject of this contract is the paid provision of the apartment described in paragraph 1 for temporary use within the meaning of § 549 para. 2 no. 1 of the German Civil Code (BGB). The provisions of German residential tenancy law, in particular regarding protection against termination, therefore do not apply to this contractual relationship.

(4) These booking terms are brought to the Guest's attention during the booking process and become part of the contract upon the Guest's express confirmation, § 305 para. 2 BGB. Any deviating, conflicting, or supplementary terms proposed by the Guest do not become part of the contract unless the Host expressly agrees to them in writing.

§ 2 Formation of the contract

(1) The presentation of the apartment on the website does not constitute a binding offer by the Host, but an invitation to the Guest to submit an offer.

(2) By submitting a booking request through the booking engine, the Guest makes a binding offer to enter into the contract. The contract is concluded once the Host accepts the booking by way of a booking confirmation in text form (§ 126b BGB), in particular by email.

(3) Changes to the booking, in particular regarding the length of stay, number of guests, or booked services, require the Host's consent and only take effect once confirmed by the Host.

§ 3 Rental price and payment terms

(1) The total price shown in the booking engine at the time of booking applies.

(2) The Guest may choose between the following payment methods:

a) Payment by credit card via the service provider Stripe. Under this method, 20% of the total price becomes due and is charged upon conclusion of the contract. The remaining 80% becomes due 30 days before the agreed arrival date and is collected via the card on file.

b) Payment by advance bank transfer. This payment method is available to guests who are unable to provide a credit card. The full amount must be transferred to the Host's account no later than 30 days before the agreed arrival date. Full account details will be provided to the Guest separately by email after booking confirmation.

(3) For payment by credit card, 20% of the rental price becomes due immediately, regardless of when the contract is concluded. If, at the time of conclusion of the contract, the agreed arrival date falls within the 30-day period referred to in paragraph 2 lit. a), the remaining 80% will, by way of exception to paragraph 2 lit. a), be requested immediately upon conclusion of the contract. For payment by bank transfer, the full rental price becomes due immediately upon conclusion of the contract if the agreed arrival date falls within the 30-day period referred to in paragraph 2 lit. b). The above applies to the due date of the security deposit under § 4 only if the agreed arrival date additionally falls within the respective period stated there (8 days for credit card, 4 days for bank transfer); otherwise, the security deposit will still be requested at the time provided for in § 4 before arrival. If the security deposit is also due immediately upon conclusion of the contract, the rental price and the security deposit must be combined into a single payment in the case of payment by bank transfer.

(4) If the remaining payment of 80% due under paragraph 2 lit. a) cannot be successfully collected via the card on file on the due date, the Guest will be notified in text form and granted a grace period of three days to make the payment. If payment is still not made within this period, the Host is entitled to withdraw from the contract and re-let the apartment to another party. § 5 paras. 2 and 3 apply accordingly in this case; the Guest remains obliged to pay the full rental price, with the 20% deposit already paid being credited against this amount.

(5) If the Guest defaults on a payment due under paragraph 2 lit. b), the Host is entitled to charge default interest at the statutory rate and, after the unsuccessful expiry of a reasonable grace period, to withdraw from the contract; § 5 remains unaffected.

(6) Check-in is carried out in person by the guest manager engaged by the Host or in coordination with the property's security service. The Host is entitled to refuse check-in until the rental price owed under paragraph 2 and the security deposit under § 4 have been received in full.

§ 4 Security deposit

(1) To cover any damage to the apartment or its contents, the Guest is required to provide a security deposit of EUR 100.

(2) Where the rental price is paid by credit card (§ 3 para. 2 lit. a), the security deposit is handled via the service provider Swikly, which manages the deposit process. Under this arrangement, the deposit amount is not charged immediately but is secured on the card on file for the duration of the stay. The Guest will typically receive a separate authorisation link a few days before arrival. If no damage is found after the stay, the hold is released automatically. If damage is found, the Host is entitled to collect the corresponding amount, in whole or in part, via Swikly; the Guest will be informed of any finding of damage in text form beforehand.

(3) Where the rental price is paid by bank transfer (§ 3 para. 2 lit. b), the security deposit of the same amount, EUR 100, must be received in the account referred to in § 3 para. 2 lit. b) no later than four days before arrival, as pre-authorisation is not technically available in this case. The Host will initiate the refund within three business days of departure, provided no damage has been found; the Host is not responsible for the timing of receipt of that refund by the Guest, as this depends on the processing times of the banks involved, which are outside the Host's control.

§ 5 Withdrawal and cancellation

(1) The Guest may withdraw from the contract free of charge up to 30 days before the agreed arrival date.

(2) If withdrawal occurs later than 30 days before the agreed arrival date, or if the Guest fails to arrive on the agreed date (no-show), or departs early, the Guest remains obliged to pay the full agreed rental price. This does not apply to the extent the Host is able to re-let the apartment for the relevant period; in that case, the Host's claim is reduced by the amount thereby earned as well as by any expenses saved.

(3) The Guest remains free to prove that the Host incurred no loss, or a substantially lower loss, as a result of the withdrawal than the amount payable under paragraph 2; in that case, only the actually proven, lower loss is to be compensated.

§ 6 Guest obligations, house rules and registration

(1) The Guest is required to fully complete the registration form requested by the property's security service no later than 48 hours before arrival. Without timely registration, access to the property cannot be guaranteed; any resulting disadvantages fall within the Guest's risk.

(2) The Guest is required to comply with the following house rules, which form part of these booking terms:

Check-in between 4:00 pm and 6:00 pm; a later check-in from 6:00 pm onward is possible for an additional fee of ZAR 250 / EUR 15.00
Check-out by 10:00 am
Guests travelling alone must be at least 18 years of age at check-in; minors may travel accompanied by a parent or an adult
Maximum occupancy of 4 persons
Pets are not permitted
No smoking anywhere within the apartment or the building complex
Parties or events are not permitted
Quiet hours from 10:00 pm to 8:00 am
A crib is available free of charge for children aged 0 to 2; rollaway beds are not provided
Windows must be fully closed when the apartment is unoccupied and during strong winds

(3) In the event of a significant breach of the house rules, the Host is entitled, after prior warning, to terminate the contract for cause; in this case, no claim to reimbursement of the rental price exists, provided the Host derives no benefit from re-letting the apartment.

§ 7 Liability

(1) The Host is liable without limitation for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty by the Host, as well as for other damages caused by an intentional or grossly negligent breach of duty by the Host.

(2) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the fulfilment of which is essential to the proper performance of the contract and on whose observance the Guest may reasonably rely, the Host's liability is limited to the foreseeable damage typical for this type of contract. Otherwise, the Host's liability for slightly negligent breaches of duty is excluded.

(3) The Guest is liable, in accordance with the general statutory provisions, for damage to the apartment and its furnishings caused culpably by the Guest or by accompanying persons during the stay.

§ 8 Governing law and jurisdiction

(1) This contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the Guest's habitual place of residence remain unaffected to the extent that they cannot be excluded under the applicable rules of private international law.

(2) The exclusive place of jurisdiction, to the extent permitted by law, is Schwäbisch Hall.

§ 9 Final provisions

(1) Amendments and supplements to this contract and to these booking terms require text form. This also applies to any change to this written-form clause itself.

(2) Should any provision of these booking terms be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision, where one exists.

Questions about these booking terms? Write to us at hello@magicalcapevibes.com or call 0151 52415666.