Welcome to the Privacy Policy of Point Waterfront Apartments.

We are committed to preserving the privacy, integrity and security of the personal information we hold about our customers and those who make contact with us. We have developed this Privacy Policy to explain how we manage and use this personal information and to ensure we comply with our legal obligations under applicable data protection laws.

It is important that you read this privacy policy carefully so that you are fully aware of how we collect and process personal information.

Point Waterfront Apartments – WHO WE ARE

This Privacy Policy covers the personal information collected and held by Point Waterfront Apartments.

THE CONTROLLER OF YOUR PERSONAL INFORMATION

Under applicable data protection laws, we are required to advise you who is the controller of your personal information. The controller of, and the person responsible for, the personal information covered by this Policy is Point Waterfront Apartments. Other contact details for the controller are set out below under “HOW TO CONTACT US”.

TERMINOLOGY USED IN THIS POLICY

A “customer” is someone who makes a booking, or stays, or uses any of the services, at one of our hotels, resorts, spas, health clubs, golf clubs, golf courses or other facilities, or is a member of one of our health clubs or golf clubs or of our loyalty programme.

A “contact” is someone who makes an enquiry, or contacts us, on our website or in person or by letter, phone, email or text, enters into a competition run by us or use wi-fi services offered at one of our properties or facilities but is not a customer of ours

“we” “us” and “our” refer to companies in the Point Waterfront Apartments group of companies.

“you” and “your” refer to our customers and contacts.

PERSONAL INFORMATION WE COLLECT AND HOLD AND THE PURPOSE FOR WHICH WE USE IT

This Privacy Policy applies to all personal information collected by Point Waterfront Apartments, by whatever means, both about its customers and about its contacts. The first section below applies to customers and explains under 4 separate headings what personal information we collect about customers, how we collect it, what we use it for and the legal basis on which we rely to do so. The second section below provides all the same information for our contacts, again under 4 separate headings.

CUSTOMERS

What personal information do we collect from our customers?

The personal information we collect may include:

  • name, email address, home and/or business address, phone number;
  • where you become a member of our health or golf clubs or use their facilities, date of birth;
  • bank account and payment card information;
  • booking history;
  • transactional data including details about payments to and from you and other details of products and services you have purchased from us;
  • information relating to your use of our services, such as room preferences, special requests, feedback and survey responses; and
  • marketing preferences.

Where you are using our health club facilities, we may also ask you to advise us of any medical or health conditions from which you suffer where these are relevant to the activities you plan to participate in at the facilities.

How is our customers’ personal data collected?

We will collect this data from you when you provide it to us by phone, email, post, through our website or in person.

Legal basis for processing our customers’ information

We will only use your personal information as the law permits. By law we are required to tell you the legal bases upon which we rely in processing your personal information. The legal bases we principally rely upon are these:

  • it is necessary for the performance of a contract between us for the provision of services or in order to take steps at your request prior to entering into such a contract; and/or
  • it is necessary for the purposes of the legitimate interests of pursuing and developing our business, where such interests are not overridden by your rights or interests.

Occasionally we may also rely upon the following legal bases for processing:

  • you have given your consent to the processing; and/or
  • it is necessary for us to comply with a legal obligation on us; and/or
  • it is necessary to protect your vital interests or those of another individual.

Where we rely on consent to process your personal information, you may withdraw that consent at any time by contacting us using the contact details set out under “HOW TO CONTACT US” below or by emailing us.

What do we use our customers’ personal information for?

We intend to use your personal information for the following purposes:

  • to fulfil your bookings and/or to provide services or facilities you request from us;
  • to collect payment from you;
  • to administer and manage our relationship with you, which may include asking you to complete surveys or feedback forms;
  • where you have made a reservation with us, to send you information before your visit to confirm the reservation and to provide you with other information relating to your reservation which we think you may find of interest;
  • where required by law; and
  • where necessary to protect your health or well being or that of another individual.

CONTACTS

What personal information do we collect from our contacts?

The personal information we collect may include:

  • name, email address, home and/or business address, date of birth, phone number; and
  • marketing preferences

How is our contacts’ personal data collected?

We will collect this data from you when you provide it to us by phone, email, post, through our website or in person.

Legal basis for processing our contacts’ information

We will only use your personal information as the law permits. By law we are required to tell you the legal bases upon which we rely in processing your personal information. The legal bases we principally rely upon are these:

  • you have given your consent to the processing; and/or
  • it is necessary for the purposes of our legitimate interests of pursuing and developing our business, where such interests are not overridden by your rights or interests.

Occasionally we may also rely upon the following legal bases for processing:

  • it is necessary for us to comply with a legal obligation on us; and/or
  • it is necessary to protect your vital interests or those of another individual.

Where we rely on consent to process your personal information, you may withdraw that consent at any time by contacting us using the contact details set out under “HOW TO CONTACT US” below.

What do we use our contacts’ personal information for?

We intend to use your personal information for the following purposes:

  • to fulfil your requests for information;
  • where it is required by law; and
  • where necessary to protect your health or well being or that of another individual.

MARKETING TO YOU

You may receive marketing communications from us:

  • if you have specifically requested that information from us

We will not send you any marketing communications unless we have your explicit consent.

Please note, you can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you

IF YOU FAIL TO PROVIDE PERSONAL INFORMATION REQUESTED

Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have booked with us but we will notify you if this is the case at the time.

SHARING YOUR PERSONAL INFORMATION WITH OTHERS

We will not disclose personal information we hold about you to any third party except where required by law or as follows:

  • to companies in the Point Waterfront Apartments group;
  • to third parties who provide services to us, and act as data processors for us;
  • to professional advisers including lawyers, bankers, auditors and insurers;
  • to government, regulators and other authorities who require reporting of processing activities in certain circumstances.

Also in the event that we sell any business or assets, we may disclose personal information we hold about you to the prospective and actual buyer of such business or assets. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

Please note that we do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

TRANSFERRING YOUR PERSONAL INFORMATION OUTSIDE THE EEA

We do not intend to transfer any personal data we hold about you to a country outside the European Economic Area (“EEA”).

If however we do transfer your personal data out of the EEA, we shall ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards applies:

the countries to which it is transferred have been deemed to provide an adequate level of protection for personal data by the relevant regulators;

we have put in place with the transferee specific contracts approved by the relevant regulators which give personal data similar protection to that it has in Europe; or

if the transferee is in the US, it is registered with the Privacy Shield (or any similar replacement scheme) which requires it to provide similar protection to personal data as is required in Europe.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see under YOUR RIGHT TO ACCESS YOUR PERSONAL INFORMATION AND YOUR OTHER RIGHTS/to request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

We will take all reasonable steps to destroy, or erase from our systems, all the personal information we hold about you when it is no longer required.

YOUR RIGHT TO ACCESS YOUR PERSONAL INFORMATION AND YOUR OTHER RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data as follows:.

  • to request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;
  • to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
  • to request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. It also enables you to request that we delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
  • to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
  • to request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
  • to request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you; or
  • to withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us by using the contact details

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

If you wish to exercise any of those rights we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

MANAGING YOUR PERSONAL INFORMATION

If at any time you believe that any personal data we are holding about you is inaccurate, out-of-date or incomplete, please tell us by emailing us and we will rectify this.

CHANGES TO THIS POLICY

We may need to make changes to this Privacy Policy from time to time to take account of changes in law or the needs of our business. Please refer back to this page regularly to see any changes or updates to this Policy.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

HOW TO CONTACT US

If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact us using the details set out below:

By Post

South Africa, 3629, Durban, Kwa-Zulu Natal, 5 Signal road, Point Waterfront

By Email

stay@thepointwaterfront.durban

Booking Terms & Conditions

Booking Terms and Conditions – BH Property Group (Pty) Ltd trading as Point Waterfront Apartments

1.1. These Booking Terms and Conditions, together with the Reservation Form, House Rules and our House Policy compromise the terms of a legal agreement between BH Property Group (Pty) Ltd trading as Point Waterfront Apartments (Point Waterfront Apartments, we or us) and the person or entity (you or your) listed as the ‘Guest’ in the Reservation Form (collectively, the Agreement).

1.2. All bookings made with Point Waterfront Apartments, either in person or online, are made subject to the terms of this Agreement and you are deemed to have accepted this Agreement once you have submitted your Reservation Form or any payment is made in relation to the Booking (whichever is earlier).

2.1. Bookings must be made at least 1 day in advance of the check-in date to guarantee the availability of a room. You may make reservations in advance via Point Waterfront Apartments’ Website, telephone or in person.

2.2. When making reservations, you will be required to provide Personal Information including your name, address, telephone number, email address and credit card details.

2.3. Reservations are subject to: (a) availability; (b) the prevailing rates at the time the Booking is made; (c) a minimum stay requirement of 1 night where a reservation is made for any day Sunday to Thursday; (d) a minimum stay of 2 nights where a reservation is made for a Friday or Saturday; and (e) varying minimum stay requirements for reservations made during peak periods or public holidays as notified by Point Waterfront Apartments from time to time.

2.4. Reservations booked in advance do not constitute a legally binding agreement until Point Waterfront Apartments confirms that payment has been made on the Booking and you receive written confirmation to your nominated email address from Point Waterfront Apartments that the payment has been received and the Booking has been confirmed.

2.5. Point Waterfront Apartments does not guarantee the availability of accommodation at the property or room allocation.

3.1. All rates quoted are in South African Rands and include VAT.

3.2. Any quote given is an estimate only and the rates may change at any time. The Booking Fee will only be confirmed once you have submitted your Reservation request and payment details.

3.3. New rates will apply if you wish to change your Booking (eg change your room type or dates of stay) or extend your stay at the Hotel within 30 days of the check-in date. Point Waterfront Apartments will use reasonable endeavours to accommodate such requests.

3.4. The Booking Fee or any quoted rates given by Point Waterfront Apartments do not include Additional Services, which will be payable by you, in addition to the Booking Fee (at our prevailing rates at the time) (Service Fee).

3.5. If you have been quoted a Booking Fee that includes Additional Services, you should contact us by email at stay@thepointwaterfront.co.za or by telephone on +27 82 817 2957 to obtain details of the Additional Services. Additional Services may be included as part of a package.

4.1. Payments must be made by Visa, MasterCard, American Express or in cash. A surcharge of 2.5% applies to American Express transactions. 

4.2. Please refer to our Payment Policy for more information.

4.3. To make a Booking, a deposit of 50% of the Booking Fee must be paid to Point Waterfront Apartments in advance. The balance of the Booking Fee is payable by you upon check-in at the Hotel.

4.4. At the time of Booking and at check-in (as the context permits), you will provide Point Waterfront Apartments with your credit card details and you expressly authorise Point Waterfront Apartments to use your nominated credit card to pay for the Booking and for any others sums that become owing to Point Waterfront Apartments as specified in, or contemplated by, this Agreement.

4.5. Point Waterfront Apartments has the right, at its absolute discretion, to require you to make full payment in advance or pay a deposit at the time you order any Additional Services.

4.6. If any deposit or final payment cannot be deducted from your credit card or is not received by us the within 2 days of you making the reservation, Point Waterfront Apartments reserves the right to cancel the Booking and/or Additional Services and any monies paid by you in relation to your Booking and/or Additional Services will be forfeited to Point Waterfront Apartments.

5.1. If you wish to change or cancel your Booking or any Additional Services you must contact us by email at stay@thepointwaterfront.co.za or by telephone on +27 82 817 2957. We cannot guarantee that changes can be made.

5.2. To the maximum extent permitted by law, if you cancel:

(a) your Booking with more than 30 day’s notice, you are able to move your dates or receive your deposit back in the form of hotel credit. Within 30 days of your reservation date, you will forfeit the full amount of the deposit. 

(b) any Additional Services within 24 hours of the scheduled time for the provision of the Additional Services, you will be required to pay the full amount of the Service Fee less any amount which you have already paid. Any deposit paid to Point Waterfront Apartments in relation to booking the Additional Services will be forfeited.

5.3. If you:

(a) do not show up for your Booking, or fail to attend, accept or utilise the Additional Services; or

(b) terminate your Booking or Additional Services early after you have checked in, you will be charged a cancellation fee (by way of liquidated damages) equal to the full amount of your Booking Fee or Service Fee (as the context permits) less any amount which you have already paid. Any deposit paid to Point Waterfront Apartments in relation to your Booking and/or the Additional Services will be forfeited and retained by Point Waterfront Apartments.

5.4. Please refer to our Cancellation Policy for further information.

5.5. Point Waterfront Apartments may, at its absolute discretion and at any time, terminate, suspend or cancel your Booking or the Additional Services ordered by you upon reasonable written notice to you. You will be offered either a Booking Credit or full refund of all monies which you have already paid.

5.6. If you have been issued with Booking Credit pursuant to this Agreement, such credit will remain valid for 12 months from the day the booking is cancelled. A Booking Credit is non-transferable and may only be used by you to pay for the accommodation portion of your booking and may not be used for Additional Services or otherwise. Any Booking Credit not redeemed at the expiry of the 12-month validity date will be forfeited in its entirety to Point Waterfront Apartments.

5.7. All cancellation charges will be processed using the credit card used by you to make the Booking. All refunds will be processed within 14 days.

5.8. Please note that a separate cancellation policy applies to Event Bookings. This can be found in your Event Agreement.

6.1. When you check-in you may be asked to provide photographic identification (ie your Driver’s Licence, Passport or Keypass). If you are unable to provide such identification your Booking may be cancelled and you may be liable to pay Point Waterfront Apartments the full amount of your Booking less any amount which you have already paid. Any deposit paid to Point Waterfront Apartments in relation to your Booking will be forfeited.

6.2. Check-in time at Raes is at 14:00pm GMT+2. Should you arrive prior to this, luggage storage is available.

6.3. Check-out time at Raes is at 10:00am GMT+2. At this time you must check-out of the room and return your room key.

6.4. If you wish to check-out later than the standard check-out time of 14:00pm GMT+2, please confirm availability with your Host team. This request cannot be guaranteed without reserving the night following your departure.

6.5. Point Waterfront Apartments may approve a request for a late check-out, at its absolute discretion, and if approved, you will be charged a late check-out fee at our prevailing rates at the time. All late check-out requests must be made in writing addressed to stay@thepointwaterfront.co.za

6.6. If you do not arrange a late check-out with Point Waterfront Apartments and you check-out after 14:00pm GMT+2 that day, you will be charged for an additional night’s accommodation at Point Waterfront Apartments prevailing rates at the time.

7.1. The House Rules apply to your stay at the Hotel and your access to, and use of, the Additional Services. A comprehensive list of House Rules is available when you check-in to Point Waterfront Apartments.

7.2. Should you (or any other person staying with you at the Hotel) fail to comply with the House Rules, Point Waterfront Apartments reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the Hotel. Any payment which you have made to date under this Agreement will not be refunded to you.

8.1. Point Waterfront Apartments is not able to accept guests under the age of 18 years of age unless staying with their parents or legal guardian. Point Waterfront Apartments, at its absolute discretion, may require you to show appropriate identification at check-in time as proof of guardianship or that you are 18 years of age.

8.2. Children must be accompanied by the parent/guardian at all times.

8.3. If a guest is found to be a person under the age of 18 who is not accompanied by a parent or legal guardian, Point Waterfront Apartments may immediately cancel your Booking and the full amount of the Booking will be forfeited.

8.4. Children sharing a room with their parents/guardians may do so free of charge if using existing beds and linen, and not exceeding the maximum occupancy of the room.

8.5. You will be charged additional fees (at Point Waterfront Apartments prevailing rates at the time) if extra or children/infants bedding (eg rollaways and cots) is required.

8.6. Children may not access or use any of the communal areas such as the Pool or lifts without a parent or legal guardian accompanying them.

9.1. During your stay at the Hotel, Point Waterfront Apartments may provide you with Additional Services.

9.2. In the event Point Waterfront Apartments fails to provide the Additional Services in accordance with clause 9.1, Point Waterfront Apartments will use reasonable endeavours to correct any such non-performance, or provide you with an alternative means of accessing and using the Additional Services. To the fullest extent permitted by law, the foregoing constitutes your sole and exclusive remedy for any breach of clause 9.1.

10.1. To the fullest extent permitted by law, Point Waterfront Apartments excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) in connection with your Booking, your stay at the Hotel, the provision or use of the Additional Services, or this Agreement.

10.2. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act or any other national, state or territory legislation where to do so is unlawful.

10.3. No warranty is given and Point Waterfront Apartments will not be liable for:

(a) acts and omissions of any person (including any other guests) who stay or reside at, visit, rent, occupy, or who are otherwise present at, the Retreat (or neighbouring areas);

(b) the availability, continuity, reliability, security or accuracy of the accommodation and amenities at the Retreat and the Additional Services;

(c) the suitability of the Hotel or the Additional Services for any particular purpose, or use under any specific conditions;

(d) any loss of monies, valuables, goods, vehicles or other property (whether tangible or not) that belong to you or any third person, that are brought into or onto the Retreat. You (and not Point Waterfront Apartments) are responsible at all times for your own monies, valuables, goods, vehicles or other property; or

(e) any loss or damage caused by a Force Majeure Event.

10.4. You are responsible for all acts or omissions of any person staying in, residing at, visiting or occupying the room you have booked at the Retreat (whether such act or omission occurs in the room, or anywhere else in the Retreat or neighbouring areas).

11.1. To the maximum extent permitted by law, Point Waterfront Apartments will not be liable to you or any third party for:

(a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or

(b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss or loss of production; or (c) loss of or damage to any  property or any personal injury or death to you, or any third person, arising out of, relating to or in connection with, the stay at and use of the Hotel and its facilities, the occupation at the Retreat, the use of the Additional Services, and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

11.2. Under no circumstances will Point Waterfront Apartments’ aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Booking Fees paid by you to Point Waterfront Apartments under this Agreement.

11.3. You agree to defend, indemnify and hold Point Waterfront Apartments and its Personnel (Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:

(a) the stay at the Hotel or the use of, the accommodation and amenities at, the Hotel by you or any third party;

(b) the use of, and access to, the Additional Services by you or any third party; and

(c) any breach by you or any third party of this Agreement (including the House Rules).

12.1. You agree that there is no tenancy or other proprietary rights created under any laws, whether arising under this Agreement or otherwise and regardless of your length of stay at the Hotel.

12.2. Point Waterfront Apartments grants you a non-exclusive, revocable and non-sublicensable licence to stay at the Hotel and we reserve the right to terminate the licence at any time (without any liability).

12.3. Using the Additional Services does not give you (or anyone else) ownership of, or any right, title or interest in, the Additional Services (or any Intellectual Property Rights contained therein) or any information that may be provided to, or accessed by, you (or anyone else) in connection with your (or anyone else’s) use of the Additional Services, all of which is owned by Point Waterfront Apartments or our licensors.

13.1. You acknowledge that Point Waterfront Apartments may use Third Party Products and Additional Services and Third Party Providers to enable us to provide you with access to, and use of, the Additional Services and that your use of and reliance on them is solely at your own risk.

13.2. Point Waterfront Apartments makes no representation or commitment and shall have no liability or obligation whatsoever to you or anyone else in relation to the performance, reliability or use of any such Third Party Products and Services (or any content therein), or any transactions contemplated or completed or any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.

13.3. Point Waterfront Apartments recommends that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services made available via, or in connection with, the Additional Services. It is your sole responsibility to determine that the

specific goods or services meet your needs and are suitable for the purposes for which they are used.

Point Waterfront Apartments shall have no liability to you (or anyone else), including in the event that we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, fire, flood, storm, earthquake or other physical natural disaster or extreme weather conditions, sabotage, war, riot, civil commotion, acts of terrorism or hostilities, a quarantine, epidemic, pandemic or outbreak of a contagious disease or any derivative or mutation of such viruses, or the threat or perceived threat of any of these, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, a state of emergency has been declared by an authority, accident, breakdown of plant or machinery, default of suppliers or sub-contractors, or shortage of suppliers, equipment or materials (Force Majeure Event).

15.1. A waiver of any right under this Agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

15.2. Point Waterfront Apartments may set off or deduct from any amounts due to you any amounts due from you to Point Waterfront Apartments under, or arising out of, this Agreement.

15.3. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.

15.4. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

15.5. This Agreement, the Reservation Form, House Rules, Privacy Policy and other any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.

15.6. You shall not, without the prior written consent of Point Waterfront Apartments, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

15.7. If there are any inconsistencies between the terms contained in this Agreement and the Reservation Form, then the terms of the Reservation Form prevail.

The definitions in this clause apply in this Agreement:

16.1. Additional Services means any of the following:

(a) laundry services;

(b) restaurant meals, room service and bar fridge consumables;

(c) transfers and transport to and from the Retreat;

(d) spa treatments;

(e) parking;

(f) merchandise; and

(g) other goods and services as advertised on our Website, Google, third party websites or social media (from time to time).

16.2. Booking means the booking of rooms at the Retreat/Hotel/Apartment.

16.3. Booking Credit means credit which may be applied to future bookings with Point Waterfront Apartments subject to clause 5.6 .

16.4. Booking Fee means the price payable for the Booking.

16.5. Cancellation Policy means Point Waterfront Apartments Cancellation Policy (as updated from time to time).

16.6. Children means children under the age of 18 years.

16.7. Event Agreement means the agreement to access, and use, to Retreat for special events and functions.

16.8. Event Booking means the booking of Point Waterfront Apartments for special events and functions in accordance with the Event Agreement.

16.9. Force Majeure Event has the meaning set out in clause 14 .

16.10. VAT means Value Added Tax 

16.11. House Policy means Point Waterfront Apartments policies as updated from time to time and includes Point Waterfront Apartments Cancellation Policy, Payment Policy and Privacy Policy.

16.12. Intellectual Property Rights means designs, copyright, trademarks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar rights which subsist or will subsist now or in the future in any part of the world.

16.13. Payment Policy means Point Waterfront Apartments Payment Policy (as updated from time to time).

16.14. Personal Information has the meaning in Point Waterfront Apartments Privacy Policy.

16.15. Personnel means any director, officer, employee, agent, contractor, sub-contractor, consultant or volunteer of Point Waterfront Apartments.

16.16. Privacy Policy means the Point Waterfront Apartments Privacy Policy located at https://thepointwaterfront.co.za (as updated from time to time), or any other site notified by Point Waterfront Apartments from time to time.

16.17. Hotel means the Point Waterfront Apartments retreat/hotel/Apartment situated at 5 Mahatma Gandhi Road, Point, Durban, 4001 and the accommodation and associated amenities (and if applicable, car park).

16.18. Service Fee has the meaning in clause 3.4 .

16.19. Third Party Products and Services means the premises, facilities, goods and services (including all Intellectual Property Rights contained therein) that:

(a) are provided by Third Party Providers;

(b) interoperate with the Additional Services; or

(c) may be identified as third-party products or

services.

16.20. Third Party Providers means providers or suppliers of Third-Party Products and Services.

16.21. Website means the Point Waterfront Apartments’ website located at https://thepointwaterfront.co.za or any other site notified by Point Waterfront Apartments from time to time.