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

Terms Of Use

Terms of Use – BH Property Group (Pty) Ltd trading as Point Waterfront Apartments

1.1 This website is owned, operated and maintained by BH Property Group (Pty) Ltd trading as Point Waterfront Apartments (Point Waterfront Apartments, we or us). The Terms and Conditions of Use (Terms of Use), together with our Privacy Policy, apply to your use of Point Waterfront Apartments website at www.thepointwaterfront.co.za (website).

1.2 Please read these Terms of Use carefully before accessing or using the information, products and services available through the website. By accessing or using the website you indicate that you have read, understood and accepted these Terms of Use, together with our Privacy Policy, and that you agree to be bound by them. If you do not wish to comply with the Terms of Use, you should not access or use this website. 

1.3 Point Waterfront Apartments reserves the right to change, update, or correct the Terms of Use or any information contained on the website at any time without notice by posting amended Terms of Use to the website. Your continued use of the website means that you accept and agree to the revised Terms of Use. If you do not accept these Terms of Use (as amended from time to time), you should stop accessing and using the website immediately.

2.1 The purpose of this website is to provide you with information about Point Waterfront Apartments and to assist you in booking accommodation at Point Waterfront Apartments. The website includes a reservation facility which has additional Booking Terms and Conditions.

2.2 Information on this website is accurate and current at the date the information was published on the website, but it is subject to change at any time and Point Waterfront Apartments does not warrant the accuracy or completeness of the information provided and we are under no obligation to update this information nor notify you of any changes unless required by law. Rae’s assumes no responsibility or liability for any such inaccuracies, errors or omissions, and Rae’s shall have no obligation to honour reservations or information affected by such inaccuracies or errors.

2.3 We do not recommend or endorse any goods, services or third party content appearing on, or via, this website, or any user generated content appearing on or via social media pages or other sites which are linked to this website, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from these sites, or use of, or reliance on, such sites, products or services is at your own risk. We have no control over the contents, quality, integrity of those third party sites, products or services, and Point Waterfront Apartments accept no responsibility for them or for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise).

3.1 In using and or accessing this website, you must not attempt to:

3.1.1 undermine the security or integrity of Point Waterfront Apartments computing systems or networks, or any computing systems or networks involved in maintaining this website; or

3.1.2 gain unauthorised access to any systems or materials other than those you have been given express permission to access.

3.2 You agree that you will not use or misuse this website in any way which may:

3.2.1 impair the functionality of this website;

3.2.2 impair any other person’s ability to use the website; or

3.2.3 disrupts the systems used in the course of delivering this website.

3.3 This website is for personal, non-commercial use only. You may print off copies and download extracts, of any page(s) from this website for your personal reference. You are not allowed to modify, adapt, copy, distribute, transmit, display, reproduce, publish, license, incorporate in other works (whether electronic or not), transfer, or sell any information, software, products or services found on or obtained from this website.

3.4 You agree to make a legitimate reservations on your own behalf or for another person whom you are legally authorised to act for and for no commercial or other purpose, including, without limitation, for the purposes of reselling rooms or reservations, marketing, posting on third-party sites, advertising or otherwise distributing rooms or reservations, making false, fraudulent or speculative reservations or reserving rooms in anticipation of demand.

3.5 Should this website provide you with the means to register and obtain the use of usernames, passwords or codes to access certain features, you accept that you have sole responsibility to maintain the confidentiality of your access codes, and for any activities that occur under your account.

3.6 You must not use this website to post, distribute or transmit any material:

3.6.1 which is fraudulent, restricted, prohibited or otherwise unlawful or which is prohibited by these Terms of Use;

3.6.2 in a manner that will infringe software, data, or material protected by trade secret, copyright, patent or other content which is subject to third party intellectual property rights;

3.6.3 that contains a virus, worm, Trojan, or other harmful software or component;

3.6.4 that is or likely to defame, harass, threaten, abuse, menace, offend, violate the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;

3.6.5 which contains any sexually explicit, indecent, racially, ethnically or otherwise objectionable or offensive material;

3.6.6 which interferes with other visitors to the website, or restricts or hinders any person from accessing or using the website.

3.7 Point Waterfront Apartments will not be liable to you or any third person for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, systems, or data due to your access to, or use of, this website or any links to third party sites, and for the downloading of any material posted on this website or any third party site.

4.1 Point Waterfront Apartments reserves the right, at any time and at its sole discretion to, with or without cause or any notice to you, terminate your access to the website, reservation facility, products and services, or suspend or block your access to the website, reservation facility, products and services. Point Waterfront Apartments will not be liable to you or any third party for any such suspension or termination.

4.2 Without limiting the generality of the foregoing, Point Waterfront Apartments may suspend or terminate your access to, or use of, the website, reservation facility, products and services for breaching these Terms of Use, the House Rules, our Privacy Policy or any other policies or guidelines or agreements between the parties.

4.3 Point Waterfront Apartments may, at any time and at its sole discretion, discontinue the website (or any part thereof) without further notice to you. Point Waterfront Apartments will not be liable to you or any third party if for any reason this website is unavailable at any time or for any period.

5.1 All information, text, materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), layout, control features, advertisements, arrangement, graphical user interface, look and feel, databases, images, links, and software published or otherwise contained on this website (Content) are the exclusive property of Point Waterfront Apartments or its licensors. This Content is protected by copyright, trademark and other intellectual property laws.

5.2 Unless otherwise expressly stipulated in the Terms of Use, the Content may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means without the express prior written permission of Point Waterfront Apartments. If you print off, copy, download or retransmit any part of the website in breach of these the Terms of Use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6.1 You may link to our home page website provided you obtain our prior written consent. You may not link to any part of this website other than the home page. Any links must not cause damage or take advantage of our reputation, and must not be established from any website that you do not own. You must not establish a link that may suggest any form of connection, association, approval or endorsement from Point Waterfront Apartments where none exists. To request our written consent, please contact us via email at stay@thepointwaterfront.co.za

6.2 We reserve the right to withdraw permission to link to our website without notice to you.

7.1 To the extent permitted by law, Point Waterfront Apartments and its officers, affiliates, employees, partners and representatives, hereby expressly exclude:

7.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

7.1.2 any liability to you or any third person however arising (and whether arising under statute, in tort (for negligence or otherwise), breach of contract or otherwise, even if foreseeable) for:

(a) personal injury or death to you or any third person;

(b) special, direct, indirect or consequential loss or damage; or

(c) loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time and for any other loss or damage of any kind,

in any way connected with the website, the booking facility, the products or services, or in connection with the use, inability to access or use the website, or any Content or information contained on the website.

7.2 Without limiting the generality of the foregoing, we acknowledge that the laws in certain jurisdictions including South Africa may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of South Africa to the extent permitted by the Competition and Consumer Act, our liability is limited, and if any liability remains it will be limited to any one or more of the following in our sole discretion:

7.2.1 in the case of any products, the replacement or repair of the products, or the supply of equivalent products, or the payment of the cost of repairing or replacing the products or supplying equivalent products; and

7.2.2 in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

7.3. the use of the website, the booking facility or any other products or services used or accessed via, or associated with, the website;

7.3.1 a breach of these Terms of Use; or

7.3.2 an infringement of any rights of another.

8.1 Point Waterfront Apartments failure to exercise any of its rights and remedies does not constitute a waiver of such rights or remedies. Failure on Point Waterfront Apartments part to insist on the performance of your obligations under the Terms of Use will not relieve you from compliance with your obligations.

8.2 Should Point Waterfront Apartments waive any default, this does not constitute a waiver of any subsequent defaults.

8.3 No waiver shall be effective unless expressly stated by Point Waterfront Apartments to be a waiver and communicated to you in writing.

If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.

10.1 These Terms of Use, our Privacy Policy, and any documents referred to in them, constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between the parties relating to the subject matter.

10.2 You acknowledge that, in entering into these Terms of Use, you do not rely on, and subsequently will not have any remedies for, any representation or warranty that is not set out in these Terms of Use.

These Terms of Use are governed by and construed according to the law of South Africa. By using the website you submit to the exclusive jurisdiction of the courts of South Africa.

If you have any questions in relation to the use of this website or the Terms of Use please contact us by email at stay@thepointwaterfront.co.za.

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.

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.

Privacy Policy

BH Property Group (PTY) Ltd trading as Point Waterfront Apartments

1.1. BH Property Group (PTY) LTD trading as Point Waterfront Apartments (Point Waterfront Apartments, we or us) operate and manage the Point Waterfront Apartments, and Maha Restaurant. Point Waterfront Apartments is committed to ensuring your Personal Information is protected. We manage your Personal Information in accordance with the South African Protection of Personal Information Act (POPI Act).

 1.2. By accessing and using our website, accommodation, services and products you agree to this Privacy Policy.

1.3. This Privacy Policy applies to the collection, storage, use and disclosure by us of your Personal Information, and to how you may access your Personal Information kept by us or how you may make a privacy complaint.

2.1. Point Waterfront Apartments will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, or as otherwise permitted by law.

2.2. The term ‘Personal Information’ refers to any information or opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. The type of Personal Information that we collect and use depends on the type of dealings that you have with us and includes the following non-exhaustive list:

(a) contact details (for example, full name, address, mobile and telephone numbers and email address);

(b) identification information (for example, photographic identification, gender, date and place of birth, nationality, passport and visa information);

(c) Personal Information relating to children visiting or staying at Point Waterfront Apartments (for example, full name, date of birth, age).

(d) information relating to your reservation (for example, dates of arrival and departure, products and services you have ordered or purchased, special requests made (such as dietary requirements), products and service preferences, telephone numbers dialed and received, texts and telephone messages received);

(e) employer information (for example, employer name and contact details and employee title);

(f) payment and billing information (for example, credit card and bank account details and authentication information);

(g) information from enquiries you have made; and

(h) information about vehicles you may bring onto Point Waterfront Apartments premises.

2.3. Personal Information relating to children visiting or staying at Point Waterfront Apartments will not be collected directly from the children but will be collected directly from the children’s parents or legal guardians.

2.4. We do not deliberately collect Sensitive Information (as defined in the Privacy Act) from hotel guests, users or visitors of our website.

3.1. We will collect Personal Information about you in a variety of ways, including:

(a) when you interact and transact with us (for example, when you make a hotel reservation or book a room or our function venue or restaurant, purchase goods or services from Point Waterfront Apartments, when you participate in a promotion, competition, or survey, or when you complete forms such as a reservation form or guest feedback form);

(b) visit our website, contact us with a query or request;

(c) from publicly available sources of information (including, but not limited to, social media sites);

(d) from third parties (including our related bodies corporate, business partners and service providers, credit reporting bodies, credit providers, government agencies, travel agents, tour operators, internet booking agents, travel aggregators, employers, airlines and your representatives); and

(e) when otherwise legally authorised or required to do so.

4.1. We use and disclose your Personal Information for the purposes for which the information is collected, including (but not limited to):

(a) managing your stay at Point Waterfront Apartments, including tailoring our accommodation, products and services to your specific requirements and interests;

(b) providing, delivering and charging you for hotel accommodation and other products and services (including processing a booking or reservation that you have made with us);

(c) assisting with, or responding to, your queries;

(d) providing for the safety and security of staff, guests and other visitors;

(e) administering, improving and managing our hotel accommodation, products and services;

(f) informing you about our website, hotel, and restaurant, products, services, offers, competitions, promotions, events, sweepstakes, surveys, questionnaires, or other matters which we believe are of interest to you (such as recruitment or job opportunities);

(g) fulfilling our contractual obligations to you and assisting third parties involved in your travel arrangements (for example, travel agents and tour operators);

(h) verifying your identity; and

(i) sharing with Third Party Providers.

4.2. We do not sell or trade Personal Information, however, we may disclose Personal Information to Third Party Providers and they may in turn provide us with Personal Information collected from you. We will not otherwise use or disclose your Personal Information unless the use or disclosure is authorised under the Privacy Act.

5.1. In order to manage your stay at Point Waterfront Apartments and to provide products and services to you we may disclose your Personal Information to:

(a) our related bodies corporate, business partners, sponsors, service providers, third party contractors, agents and suppliers;

(b) authorised external service providers who perform functions on our behalf, such as marketing and analysis organisations, financial and credit card institutions in order to process any payments, hosting companies, web developers, internet service providers, customer service providers, customer support specialists, fulfilment companies, credit reporting agents, debt collection agents, research and data analysis firms;

(c) external business advisors, such as auditors, lawyers, insurers and financiers;

(d) at your request, to third party providers of products and services with whom we have a commercial relationship, such as Durban tour operators, taxi or local transport, operators, restaurants and limousine and car rental providers;

(e) to any other party with your consent and direction; and

(f) law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law,

(collectively, Third Party Providers)

5.2. Our Third Party Providers are located in Durban. If you subsequently decide that you do not wish to receive information from them, you may let us know by stay@thepointwaterfront.co.za

5.3. Prior to the disclosure of Personal Information to Third Party Providers, we will take such steps as reasonable in the circumstances to ensure that the Third Party Providers treat your Personal Information securely and otherwise complies with the relevant South African Privacy Principles in relation to the Personal Information.

6.1. Where we have your express or implied consent, or where we are otherwise permitted by law, we may use your Personal Information to send you information about products and services we believe are suited to you and your interests or we may invite you to attend special events. We may send this information in a variety of ways, such as by mail, email, SMS, telephone, social media or by customising online content and displaying advertising on our site.

6.2. If you do not wish to receive any of these marketing communications, you can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us by writing to
stay@thepointwaterfront.co.za.

7.1. We use reasonable endeavours to protect Personal Information from accidental deletion, loss, and unauthorised access, disclosure or modification. We are committed to, and our officers, employees, agents and third party contractors are expected to observe the confidentiality of your Personal Information.

7.2. Notwithstanding our reasonable endeavours, the confidentiality of any communication or information transmitted to or from us via our website or email, cannot be guaranteed. The internet is not a secure environment. If you use the internet to send us any Personal Information, Point Waterfront Apartments will not be liable for events arising from unauthorised access to your Personal Information. We also cannot control nor be held responsible for the collection of Personal Information by third-party websites.

7.3. If we determine that Personal Information is no longer needed for any purpose, we will take reasonable steps to delete, destroy or permanently de-identify that Personal Information, unless we are required by law or a court or tribunal to retain the information.

8.1. We have a comprehensive data breach notification policy and response plan (Response Plan), which outlines the steps our personnel are required to take in the event of a data breach. This allows us to identify and deal with a data breach quickly to mitigate any harm that may result.

8.2. As part of the Response Plan, we will notify you as soon as practicable if we:

(a) discover or suspect that your personal information has been lost, accessed by, or disclosed to, any unauthorized person or in any unauthorised manner;

(b) believe that you are likely to suffer serious harm as a result; and

(c) are unable to prevent the likely risk of harm.

8.3. If you would like more information about our Response Plan, please contact us at stay@thepointwaterfront.co.za.

9.1. Our website may provide links to external or third party websites. These linked websites are not under our control or supervision, and we are not responsible for the content contained therein or the conduct of those third parties’ linked to our website. Before disclosing your Personal Information on any other website, we advise you to examine the privacy policies of these third parties and terms and conditions of their websites.

9.2. This Privacy Policy applies only to the information we collect on our site.

10.1. Subject to some exceptions provided by law, you have the right to access your Personal Information. If you want to inquire about or access any Personal Information we may have about you, you can do so contacting us by writing to stay@thepointwaterfront.co.za. Please be sure to include your full name, address and telephone number and a copy of a document evidencing your identity (such as drivers licence or passport) so we can ascertain your identity and whether we have any Personal Information regarding you. We may charge you a reasonable fee for processing your request and should we decline your access to your Personal Information, we will provide you with a written explanation setting out the legal reasons for doing so.

10.2. We will use our reasonable endeavours to keep Personal Information that we collect about you accurate, up-to-date and complete. Where it is appropriate to do so, this may include correcting your Personal Information. You should notify us in writing in the event your Personal Information changes.

11.1. We collect cookie information when you visit our website. A cookie is a piece of data that enables us to track and target your preferences. We may use cookies to:

(a) enable us to identify you as a return user and personalise and enhance your experience and use of our site; and

(b) help us improve our service to you when you access our site and to ensure that our site remains easy to use and navigate.

11.2. Cookie information is used in aggregated form – we do not use it to identify you as an individual. However, if you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. However, if you block them, you will not be able to use all of the features of our websites and this may affect the functionality of our website.

12.1. We may, in our sole discretion, amend or update this Privacy Policy from time to time. The current version of our Privacy Policy will be posted on our website and a copy may be obtained contacting us by writing to stay@thepointwaterfront.co.za and any changes will be effective when posted on, or via, the website.

12.2. Your continued use of our accommodation, products, services or website following any such amendment will be confirmation of your acceptance of the amendments. We reserve the right to modify this Privacy Policy at any time,

13.1. If you have any complaints or issues you wish to raise with us regarding the way we have handled your Personal Information, or would like to discuss any issues about our Privacy Policy, please contact us directly by email to stay@thepointwaterfront.co.za or by calling us on +27 82 817 2957. Please provide us with full details of your complaint and any supporting documentation.

13.2. We will respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in resolving your complaint.

13.3. If you are unhappy with a response that you have received from us, you may direct your complaint to the Office of the South African Information Regulator.

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.