Privacy Policy

[Valid from: 1 Sep 2021]

  • 1. Application

    1

    1.1 This Privacy Policy regulates HHH’s Processing of Personal Information including during a User’s session on the Website.

    1.2 HHH will take all reasonable steps necessary to ensure that a User’s Personal Information is treated securely and in accordance with this Privacy Policy.

    1.3 This Privacy Policy does not apply to third-party websites, products or services linked to, from or advertised on the Website. HHH has no control over these and will not be liable for the privacy practices of a third-party site to which there may be a link on the Website.

    1.4 This Privacy Policy contains certain provisions which:

    (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.

    1.5 HHH is entitled to amend any part of this Privacy Policy at any time.

    1.6 Any amendment to this Privacy Policy comes into effect on the date the amended Privacy Policy is published on the Website.

    1.7 The User must periodically review this Privacy Policy for any amendments.

    1.8 Please read this Privacy Policy carefully.

  • 2. Consent to Process Personal Information

    2.1 By using the Website or by making an enquiry or a Reservation, a User agrees to be bound by this Privacy Policy and expressly consents to HHH Processing the User’s Personal Information as set out in the Privacy Policy.

    2.2 If a User makes an enquiry or a Reservation on behalf of a Guest, the User warrants that:

    (1) he or she is duly authorised to consent on behalf of, and bind, the Guest to this Privacy Policy and the Guest agrees to be bound by this Privacy Policy as if the Guest is the User;

    (2) the Guest expressly consents to:

    (a) the collection of the Guest’s Personal Information from the User and as set out in this Privacy Policy; and

    (b) HHH Processing the Guest’s Personal Information as set out in the Privacy Policy.

    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;

    (3) through the use of cookies; and

    (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

    5.1 HHH will not intentionally disclose, for commercial gain or otherwise, a User’s Personal Information other than as set out in this Privacy Policy.

    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

    8.1 Some Personal Information is collected through the use of cookies. Cookies are used by the Website to recognise a repeat User, facilitate the User's on-going access to and use of the Website without always having to input certain Personal Information and allows HHH to track usage behaviour and compile aggregate data that will allow content improvements.

    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

    This Privacy Policy is governed by South African law.

  • 10. Jurisdiction

    The Parties unconditionally consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Local Division, Durban in regard to all matters arising from this Privacy Policy.

  • 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 inforeg@justice.gov.za.

  • 12. Interpretation

    12.1 Any reference in this Privacy Policy to:

    (1) a clause is, subject to any contrary indication, construed as a reference to a clause of this Privacy Policy; and

    (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.

    12.3 The headings to a clause have been included for convenience only and do not govern the interpretation of this Privacy Policy.

    12.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on a Party, effect shall be given to it as if it were a substantive provision in the body of this Privacy Policy.

    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.

    12.9 The rule of construction that an agreement shall be interpreted against the person responsible for its drafting or preparation shall not apply to the Privacy Policy.

    12.10 The expiration or termination of this Privacy Policy shall not affect those provisions of the Privacy Policy that expressly provide that they will operate after such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that there is no express provision for this.

  • 13. Definitions

    13.1 In this Privacy Policy:

    (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;

    (8) Privacy Policy means this privacy policy;

    (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

    If you have any questions or comments regarding this Privacy Policy or our privacy practices in general, please contact us as detailed below.

    Email: theteam@homesteadlodge.com

    Mailing Address:

    The Homestead
    Nambiti Game Reserve
    KwaZulu Natal
    Ladysmith
    3370
    South Africa

Terms & Conditions

[Valid from: 1 Sep 2021]

  • 1. Terms

    1.1 A User must be at least 18 years old or have the consent of a legal guardian to use or access this Website or App. The User warrants and represents that he or she is at least 18 years old or has the required consent.

    1.2 By using this Website or App, the User agrees to be bound by the Terms applicable at the time.

    1.3 These Terms regulate a User’s use of, and access to, this Website and App and contain certain provisions which:

    (1) affect the User’s rights;

    (2) exclude or limit the liability of HHH or a third party;

    (3) impose liabilities on the User; and/or

    (4) result in the User indemnifying HHH or a third party.

    1.4 HHH is entitled to amend any part of these Terms at any time.

    1.5 Any amendment to these Terms comes into effect on the date the amended Terms are published on this Website and App.

    1.6 The User must periodically review these Terms for any amendments.

    1.7 Please read these Terms carefully.

  • 2. Use

    2.1 A User must not:

    (1) use this Website or App:

    (a) in any way that harms the business or reputation of HHH or The Homestead;

    (b) in any way that causes, or may cause, damage to the Website or App or impairment of the availability or accessibility of the Website or App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    (c) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

    (d) to conduct any systematic or automated data collection activities.

    (2) reproduce, duplicate, copy or otherwise exploit material on this Website or App for any purpose; or

    (3) edit or otherwise modify any material on the Website or App.

  • 3. Restricted Access

    3.1 HHH may restrict access to certain parts of the Website and App.

    3.2 If HHH provides the User with a user ID and password to access restricted parts of the Website and/or App, only the User may access the restricted parts and the User must keep the user ID and password confidential. The User is liable for all transactions done on a User’s profile.

    3.3 HHH retains the right to disable a User’s ID and/or password without notice.

  • 4. Intellectual Property Rights

    4.1 HHH owns, or has a licence to use, all information and Intellectual Property on this Website and App.

    4.2 Apart from viewing for personal use and downloading for caching purposes only a User does not acquire any rights to the information and Intellectual Property on this Website or App.

    4.3 All content on this Website and App including text, graphics, logos, icons, images or any other data is the property of HHH. A User is prohibited from copying or using content for any purpose without the prior express written consent of HHH. A User may also not purport to act as a representative or agent of HHH, without the prior written agreement of HHH expressly authorising the User to do so.

  • 5. Disclaimer

    5.1 HHH uses reasonable efforts to ensure information on the Website and App is accurate and current. Despite this, HHH makes no warranties or representations about the information on the Website or App.

    5.2 Information and opinions on the Website or App must not be regarded as professional advice.

    5.3 HHH is not liable for any damages, loss or liability of whatsoever nature arising from the use or inability to use this Website or App or any information on the Website or App.

  • 6. Links

    6.1 The Website and App may contain links to other sites which are not controlled by HHH. The use of any link is done entirely at the User’s risk and HHH is not liable for any loss or damage as a result of the products, services, or information obtained through these other websites.

    6.2 A User may not create a link to the Website or App without HHH’s express prior written consent.

  • 7. Exclusion and limitation of liability

    7.1 HHH is also not liable under any circumstances, to the User or any other person for loss of support or for indirect, incidental, special, punitive or consequential damages or losses regardless of the form or cause of action.

    7.2 HHH, its directors, officers, employees, agents, representatives, subsidiaries, affiliates, controlling and holding companies are not liable (whether in contract or delict) in any way whatsoever for any claim, liability, cost, expense, loss, fine, damages, or damage to or loss of property of any nature however caused or arising that may be caused to or suffered by the User or any third party, arising out of or incidental to or in any way connected to the Website, the App, the use thereof, HHH, its connected entities, related service providers, The Homestead, these Terms or the Game Reserve.

    7.3 Notwithstanding anything to the contrary in the Terms, and without any admission, if HHH becomes liable to the User or any other person, the total aggregate liability of HHH for any claim is limited to the amount in respect of which HHH is indemnified by its insurers in respect of that claim.

  • 8. Indemnity

    8.1 The User indemnifies HHH, its directors, officers, employees, agents, representatives, subsidiaries, affiliates, controlling and holding companies (Indemnified Parties), and undertakes to keep the Indemnified Parties harmless, against all claims, losses, liabilities, damages, fines, penalties and costs whatsoever which the Indemnified Parties may incur or suffer as a result of or in connection with the User’s use of the Website and/or App.

  • 9. Cookies

    9.1 The Website and App make use of cookies which are used to keep track of the pages a User has accessed while the User browsers. HHH does not use cookies to collect personal information.

  • 10. Privacy Policy

    10.1 HHH receives and collects different types of information from a User when a User accesses or uses the Website or App. HHH’s Privacy Policy applies.

  • 11. Breach

    11.1 If a User breaches any provision of these Terms, HHH is entitled to take any action HHH deems appropriate to deal with the breach, including:

    (1) suspending a User’s access to the Website and App;

    (2) prohibiting a User from accessing the Website and App;

    (3) blocking computers using the User’s IP address from accessing the Website and App; and/or

    (4) suing for damages.

  • 12. Dispute Resolution

    12.1 Any dispute arising from or in connection with these Terms or The Homestead will be finally resolved by arbitration.

    12.2 The arbitrator will be a person agreed on between the Parties or failing agreement a person appointed at the request of a Party by the Arbitration Foundation of Southern Africa.

    12.3 The arbitration will be conducted in accordance with the Rules of the Arbitration Foundation of Southern Africa for Commercial Arbitrations.

    12.4 The place of the arbitration will be Durban.

    12.5 The language to be used in the arbitration proceedings will be English.

    12.6 Nothing in the Terms will prevent HHH from obtaining urgent relief in any court of competent jurisdiction.

  • 13. General

    13.1 These Terms contains the entire agreement between the Parties in regard to the use of the Website and App.

    13.2 Any indulgence by HHH, or failure strictly to enforce any part of the Terms, will not be construed as a waiver or be capable of founding an estoppel.

    13.3 HHH is entitled to to cede, delegate or assign its rights or obligations under the Terms without the prior written consent of the Guest. The Guest is not entitled to cede, delegate or assign his or her rights or obligations under the Terms.

    13.4 Any illegal or unenforceable provision of the Terms may be severed and the remaining provisions of the Terms, as the case may be, continue in force.

  • 14. Applicable Law

    The use of this Website or the App and these Terms are governed by South African law.

  • 15. Jurisdiction

    The Parties unconditionally consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Local Division, Durban in regard to all matters arising from the Terms.

  • 16. Contact

    If you have any questions or comments regarding this Privacy Policy or our privacy practices in general, please contact us as detailed below. You may also have a right to lodge a complaint with a supervisory authority.

    Email: theteam@homesteadlodge.com

    Mailing Address: The Homestead
    Nambiti Game Reserve
    South Africa

  • 17. Interpretation

    17.1 Any reference in these Terms to:

    (1) a clause is, subject to any contrary indication, construed as a reference to a clause of these Terms; and

    (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).

    17.2 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.

    17.3 The headings to a clause have been included for convenience only and do not govern the interpretation of these Terms.

    17.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on a Party, effect shall be given to it as if it were a substantive provision in the body of these Terms.

    17.5 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.

    17.6 The words including and in particular are without limitation.

    17.7 Any reference to a document or instrument includes the document or instrument as ceded, delegated, novated, altered, supplemented or replaced from time to time.

    17.8 A reference to a Party includes that Party’s successors-in-title and permitted assigns.

    17.9 The rule of construction that an agreement shall be interpreted against the person responsible for its drafting or preparation shall not apply to the Terms.

    The expiration or termination of the Terms shall not affect those provisions of the Terms that expressly provide that they will operate after such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that there is no express provision for this.

  • 18. Definitions

    18.1 In these Terms:

    (1) App means The Homestead app;

    (2) Game Reserve means the Nambiti Private Game Reserve east of Ladysmith in KwaZulu Natal, South Africa;

    (3) HHH means Homestead Hospitality Holdings SA Proprietary Limited, registration number 2020/004475/07;

    (4) Intellectual Property means collectively all present and future intellectual property rights including, and whether registered or not, trade secrets, designs, full and complete copyright, processes, techniques, technology and know-how;

    (5) Parties means HHH and a User and Party means, as the context requires, any one of them;

    (6) Privacy Policy means HHH’s privacy policy which is available on the Website;

    (7) The Homestead means luxury holiday resort known as “The Homestead” owned by HHH situated in the Game Reserve;

    (8) Terms means these terms regulating the use of the Website and App; and

    (9) User means a person who uses or accesses the Website or App;

    (10) 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.