THE PROTECTION OF PERSONAL INFORMATION ACT
CUSTOMER PRIVACY NOTICE
This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).
At Leisure Bay Beachfront Apartments (and including this website, POPIAct-Compliance) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
About the Company
Cape Town Beachfront Apartments at Leisure Bay
The information we collect
We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services accordingly. For this purpose we will collect contact details including your name and organisation.
We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.
Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.
How we use your information
We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.
For example:
- To gather contact information;
- To confirm and verify your identity or to verify that you are an authorised user for security purposes;
- For the detection and prevention of fraud, crime, money laundering or other malpractice;
- To conduct market or customer satisfaction research or for statistical analysis;
- For audit and record keeping purposes;
- In connection with legal proceedings.
Disclosure of information
We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.
We may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes;
- Where we believe it is necessary to protect our rights.
Information Security
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.
Our security policies and procedures cover:
- Physical security;
- Computer and network security;
- Access to personal information;
- Secure communications;
- Security in contracting out activities or functions;
- Retention and disposal of information;
- Acceptable usage of personal information;
- Governance and regulatory issues;
- Monitoring access and usage of private information;
- Investigating and reacting to security incidents.
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.
Please note that any such access request may be subject to a payment of a legally allowable fee.
Correction of your information
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, Leisure Bay Beachfront Apartments also includes the following items as personal information:
- All addresses including residential, postal and email addresses.
- Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.
How to contact us
If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.
About us
Cape Town Beachfront Apartments at Leisure Bay offers short term apartment stays. We offer sea facing one and two bed roomed apartments with full self catering facilities in a secure complex with direct beach access
Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
Our Rights
We reserve the right to:
- modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
Privacy Policy
We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.
By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
Cookie/Tracking Technology
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Order processing
Accommodation confirmation will not begin until we receive full payment.
Refunds/returns Policy
Should you for any reason wish to cancel your reservation you will be liable for a percentage cancellation based on booked dates. Please refer to cancellation policy for details. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase.
Cancellation Policy
With cancellation a 10% from the booking total will be non-refundable for admin and bank costs.
Disclosure of outlet country at time of payment
South Africa
First National Bank
Payment Options and Pricing
All transactions will be processed in South African Rands (ZAR). And all prices includes VAT
We reserve the right to change pricing at any time without prior notice.
Credit Card
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.
EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load us as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your reservation
Banking Details:
Bank: First National Bank
Branch No.: 250 655
Account Name: Hotel Management by Aquarius Pty Ltd t/a Cape Town Beachfront Apartments at Leisure Bay
Account No.: 627 832 041 77
Account Type: Cheque
Swift Code: FIRNZAJJ
Direct Deposit
You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please fax through your deposit slip to us on (021) 551 7441 to ensure your payment is confirmed and order shipped as quickly as possible.
Banking Details:
Bank: First National Bank
Branch No.: 250 655
Account Name: Hotel Management by Aquarius Pty Ltd t/a Cape Town Beachfront Apartments at Leisure Bay
Account No.: 627 832 041 77
Account Type: Cheque
Swift Code: FIRNZAJJ
For more information about how to order, special order requirements and other payment options, please contact our Reservations Team on 021 551 7441 or email reservations@leisurebay.co.za.
Security Policy
- Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
- Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
- The Merchant does not have access to credit details.
- Virtual Card Services continually reviews and enhances its security in line with technological changes.
Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Law
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Check In Requirements
We are bound, by law to collect positive ID by means of photo ID or passport /credit/debit card used from ALL our guests:
Extracts from the Immigration Act and Regulations:
Section 40
- Keeping of registers of lodgers by certain persons
(1) The person in charge of any premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for payment or reward shall, if those premises fall within a prescribed class, in the prescribed manner keep a register of all persons who are provided with lodging or sleeping accommodation thereon, and every such person shall sign the register and furnish therein the prescribed particulars regarding himself or herself.
Regulation 36
Keeping of registers of lodgers by certain persons
- (1) The classes of premises contemplated in section 40(1) of the Act are-
(a) hotels and motels;
(b) boarding houses and lodges;
(c) guest houses; and
(d) apartment buildings.
In light of the above and that there is no definition in the Act of “persons”, the interpretation is that it extends to all guests local or international.
Please note that for all online and or electronic transactions, Leisure Bay requests clients to present their ID/Passport and the credit card used for the booking during the check-in process.
Should you not be in a position to present these documents at check-in, Leisure Bay reserves the right to refuse access to the property
For clients making bookings on behalf of third-parties, please make direct contact with the reservation team on reservations@leisurebay.co.za and +27 21 551 7440
USE OF SECTION AND COMMON PROPERTY
- No occupier of a section may, without the prior consent of the Trustees:
- Use the section for any purpose other than residential purposes;
- Allow more than two people resident in a one bedroomed unit or four people in a two bedroomed unit (excepting in special circumstances for a short duration with authorization)
- Hold or permit to be held any sale of goods or a fete on the section or on the common property;
- Place on display any sign, notice,, billboard or advertisement on the building, the common property or the section so as to be visible from outside the building
- Erect, store or leave or allow to be erected, kept, stored or left any article or thing on any part of the common property
- Remove any shrub, tree or plant on or in the common property
- Erect his own washing lines nor hang any washing or other items on any part of the building or the common property so as to be visible from outside the building or from any other section
- An occupier shall not place or do anything on any part of the common property or on the balcony, stoep or patio of his section which, in the Trustees’ opinion is aesthetically displeasing or undesirable when viewed from outside the building.
- An occupier shall not deposit throw or permit or allow to be deposited or thrown on the common property any rubbish, including dust, food, cigarette butts or any other litter.
LETTING OF UNITS
- All tenants of units and other persons granted rights of occupancy by any owner of the relevant unit are obliged to comply with these conduct rules, notwithstanding any provision to the contrary contained in any lease or any grant of rights of occupancy
BEHAVIOR OF OCCUPIERS/GUESTS
- All owners and occupiers shall ensure that their use of their section and of the common property and its facilities is at all times conducted in such a manner as not to:
- Cause a nuisance, disturbance or inconvenience to any other owner or occupier, particularly in the form of loud music, radio or TV
- Detrimentally affect the rights and interest of other owners or occupiers
- Owners and occupiers shall be held responsible for the behavior of their children and guests and shall be repaired at the cost of the owner or occupier concerned, within 14 days of notice by the Trustees, to the satisfaction of the Trustees
- No children are permitted to play in the parking area, stairwells & landings
VEHICLES
- No owner or occupier shall park or stand any vehicle upon the common property or permit or allow any vehicle to be parked or stood upon the common property without the written consent of the Trustees. The Trustees may cause to be removed or towed away from the building at the risk and expense of the owner of the vehicle parked, standing or abandoned on the common property without the Trustees consent
- Owners and occupiers of section shall ensure that their vehicles and the vehicles of their visitor and guests do not drip oil or brake fluid on the common property or in any other way deface the common property. If dripping occurs, its removal will be for the account of the owner or occupier concerned
- No owner or occupier will be permitted to dismantle or effect major repairs to any vehicle on any portion of the common property, an exclusive use area or a section.
- Only vehicles owned by owners or occupiers may be washed on the common property. The use of hose pipes and taps for the purpose of washing vehicles is restricted to owners or occupiers.
PARKING
- Parking is to be confirmed to the specific parking area allocated to each owner/occupier. Guests are to use only those bays reserved for visitors. Breach of this rule will entitle the Trustees to have any offending vehicle towed away from the building t the risk and at the expense of the owner of the vehicle
- Under no circumstances will parking in front of the fire hydrants be permitted. Breach of this rule will likewise entitle the Trustees to have any vehicle removed or towed away to a public road or garage at the expense of the owner
SWIMMING POOL
- An owner/occupier/his visitors/or children shall at all times adhere to the following:
- No alcohol is to be consumed in the pool area
- No glass bottles or containers are allowed in the pool area
- No braaing in the pool area
- No swimming is permitted after 10;00 pm
- No loud music in the pool area
- Children under the age of 12 are to be accompanied by an aduld at all times
- Only authorized personnel are permitted access to the pool pump/equipment enclosures and/pool chemicals and pool cleaning equipment
- Littering is not permitted, all refuse is to be removed from the pool area
- Bathing apparel only may be worn in the pool. Allowance is made for the wearing of safety apparel.
- Games are not permitted in the pool area
- No animals are allowed in the pool area
DUNES
No unauthorized persons are allowed on the dunes. Access to the beach is via the walkway provided only
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Consent
I understand that all the designs and trademarks are registered to Cape Town Beachfront Apartments at Leisure Bay and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Cape Town Beachfront Apartments at Leisure Bay for any civil action or any legal action deemed necessary against me.
Contact Details
Physical address Leisure Bay, 3 Fourjays Road, Milnerton, 7441
Postal address PO Box 805, Milnerton, 7435
Email address reservations@leisurebay.co.za
Phone numbers 021 551 7441
Fax numbers 021 551 7440
A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002.