[Valid from: 1 Sep 2021]
- 1. Application
(1) affect the rights of the User and the Guest;
(2) exclude or limit the liability of HHH or a third party;
(3) impose liabilities on the User and/or the Guest; and/or
(4) result in the User and/or the Guest indemnifying HHH or a third party.
- 2. Consent to Process Personal Information
2.2 If a User makes an enquiry or a Reservation on behalf of a Guest, the User warrants that:
(2) the Guest expressly consents to:
2.3 The User consents to HHH collecting the User’s Personal Information which may be required to process and/or give effect to a Reservation, Booking and/or Contract, respond to an enquiry or request, process payments, refunds and for accounting or audit purposes including the User’s name, e-mail address, residential address, contact information, passport
and/or identity number, personal travel details, card payment details and where required by law, specific health information.
2.4 If a User opts not to provide HHH with Personal Information, HHH may limit certain features and functionalities on the Website and/or may not be able to process a request or Reservation or respond to an enquiry. HHH is not liable for losses or damages suffered by the User in these circumstances.
- 3. Collection of Personal Information
3.1 HHH may collect a User’s Personal Information:
(1) from a User by directly requesting information when an enquiry or Reservation is being made;
(2) automatically from a User when a User accesses or uses the Website including IP addresses, browser types, domain names, access times and referring website addresses;
(4) from third parties, including travel agents, who make bookings, reservations or enquiries on behalf of a Guest and/or Guest Party.
3.2 The User consents to HHH transferring or storing their Personal Information, and that of a Guest, outside of South Africa, to or with third party service providers that comply with POPI or applicable laws of a similar nature and accountants, auditors, lawyers, security and other professional advisers.
3.3 To ensure a good user experience, the Website:
(1) stores the content of a User’s shopping basket;
(2) tracks the stage of a User’s order process; and
(3) recognises that a User is logged in during a session.
- 4. Processing Personal Information
4.1 HHH is entitled to Process Personal Information:
(1) to process and/or give effect to a Reservation, Booking and Contract, respond to an enquiry or request, process payments, refunds and for accounting or audit purposes;
(2) to operate the Website, maintain the quality of Website, and to provide general statistics to HHH regarding use of the Website;
(3) to comply with relevant legal and/or regulatory obligations including applicable immigration laws;
(4) if necessary, to protect a legitimate interest of the User;
(5) if necessary, for pursuing the legitimate interests of HHH;
(6) to update a Guest on changes to their stay or travel itinerary;
(7) to manage wider travel or services requirements;
(8) to personalise the service and offers received by the User and/or Guest and tailor HHH’s provision of services and/or goods based on preferences and profiles;
(9) to communicate and interact with Users and Guests;
(10) to improve the services and goods offered at The Homestead and by HHH; and
(11) to market The Homestead.
- 5. Disclosure
5.2 HHH may disclose Personal Information to:
(1) other persons who help manage the business of HHH and/or The Homestead;
(2) banks, payment providers and related institutions to authorise and complete payments;
(3) governments, government departments and agencies, border control agencies, regulators, law enforcement and other persons as permitted or required by law;
(4) airlines, tourism agencies, hotel, transfer and car hire companies, tour and excursion providers or to travel agents involved or connected with a Reservation or Booking;
(5) suppliers and services providers to HHH;
(6) IT service providers including cloud service and database providers that are contractually obliged to protect the confidentiality and security of a User’s Personal Information; and
(7) persons to whom HHH cedes or assigns any of its rights and/or obligations.
5.3 HHH may disclose Personal Information in order to comply with the law.
5.4 HHH may also disclose Personal Information if required to:
(1) protect and defend any rights or property of HHH; or
(2) protect the personal safety of the User, a Guest or the public.
- 6. Security
HHH implements appropriate technical and organisational measures to protect Personal Information from unauthorized access, use or disclosure.
- 7. Retention
7.1 HHH will retain Personal Information for as long as is reasonably necessary for the purposes for which it was collected, and may retain Personal Information for longer periods as permitted under POPI including if:
(1) the retention of the record is required or authorised by law;
(2) HHH reasonably requires the record for lawful purposes related to its functions or activities;
(3) the retention of the record is required by a contract between HHH and the User and/or the Guest;
(4) the User consents; or
(5) HHH requires the Personal Information for historical, statistical or research purposes.
7.2 Thereafter HHH will either delete or de-identify the Personal Information.
- 8. Cookies
8.2 A User is responsible for accepting or denying cookies on the Website. Denying cookies may result in some features not being available to the User.
- 9. Applicable Law
- 10. Jurisdiction
- 11. User Rights
11.1 A User has the right to:
(1) ask what Personal Information HHH stores about the User;
(2) ask what information was sent to HHH suppliers, service providers or any other third party;
(3) ask HHH to update, correct or delete any out-of-date or incorrect Personal Information HHH holds about the User;
(4) object to the processing of the User’s Personal Information, in which case HHH is entitled to terminate all agreements with the User including any Contract relating to the User; and
(5) lodge a complaint with the Information Regulator by addressing the complaint to email@example.com.
- 12. Interpretation
(2) person is construed as a reference to any natural or juristic person, firm, company, corporation, government, state, agency or organ of a state, association, trust or partnership (whether or not having separate legal personality).
12.2 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
12.5 Unless the context indicates otherwise a reference to any gender includes the other genders; a reference to a natural person includes a juristic person and a reference to the singular includes the plural, and vice versa.
12.6 The words including and in particular are without limitation.
12.7 Any reference to a document or instrument includes the document or instrument as ceded, delegated, novated, altered, supplemented or replaced from time to time.
12.8 A reference to a Party includes that Party’s successors-in-title and permitted assigns.
- 13. Definitions
(1) Booking means a Reservation that is confirmed as such by HHH;
(2) Game Reserve means the Nambiti Private Game Reserve east of Ladysmith in KwaZulu Natal, South Africa;
(3) Guest means the person specified as the guest in the Reservation and includes a person accompanying the guest to the Homestead, and/or a person for whom the guest is responsible;
(4) HHH means Homestead Hospitality Holdings SA Proprietary Limited, registration number 2020/004475/07;
(5) Parties means HHH, a User and where applicable a Guest and Party means, as the context requires, any one of them;
(6) Personal Information means as defined in POPI personal information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, which includes information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of a person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; the biometric information of the person; the personal opinions, views or preferences of the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about the person; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
(7) POPI means the Protection of Personal Information Act, 2013;
(9) Processing has the meaning set out in POPI and includes the collection, receipt, recording, organisation, collation, storage, alteration or use of Personal Information and Process has the same meaning;
(10) Reservation means a request from a User to book accommodation and/or services at The Homestead;
(11) The Homestead means luxury holiday resort known as “The Homestead” owned by HHH and situated in the Game Reserve;
(12) User means a person who uses or accesses the Website, and/or makes a Reservation; and
(13) Website means a collection of The Homestead’s web pages and related content, identified by the domain name of www.homesteadlodge.com , and published by HHH.
- Contact Us
Nambiti Game Reserve