Contracts Terms & Conditions
9. POPI ACT
9.1 The bulk of the Protection of Personal Information Act (“POPI”) is set to come into effect on 1 July 2021. Anyone processing personal information within South Africa will need to comply with POPI. As a result, businesses are taking steps to ensure that their personal data as well as the personal data of their own clients are being processed and protected in accordance with applicable data protection legislation.
9.2 We are committed to compliance with data protection legislation and to provide our clients with the necessary assurance that we act responsibly in processing the personal data that is entrusted to it.
9.3 All clients can rest assured that our processes information in compliance with POPIA and the European Union’s General Data Protection Regulations (“GDPR”) as well as other applicable data protection legislation in jurisdictions where these apply. In the months and years running up to the implementation of POPIA and GDPR, we have already implemented changes to the terms and conditions regulating how we processes and protect your personal data, as well as the personal data of your own clients.
9.4 We value the data of all its clients and undertakes to take reasonable steps to ensure that the correct procedures are followed in the processing, storage and use of our client’s personal data.
9.5 We continuously take technical and organisational measures aimed at protecting the integrity and confidentiality of our client’s data against loss, damage, unauthorised access or other unlawful forms of data processing.
9.6 Clients who wish to confirm that their data is being processed and protected in accordance with applicable data protection legislation may direct any question regarding data privacy and security may be directed to the Information Officer.
9.7 Should we become aware of any unauthorised access to any data by any unauthorized person or third party or become aware of any other security breach relating to the data of our clients, we shall immediately notify the relevant customer. In such an event, we shall fully and immediately comply with the applicable laws and shall take the appropriate steps in the circumstances to remedy the data breach.
9.8 You can be assured that we will continue to do whatever may be required to ensure the lawful processing, storage and use of all personal data that is submitted to us for processing.
GENERAL
6.1 Opinions – advice and recommendations by AH Group representatives are given and expressed in good faith and shall not constitute representations of any description and shall not give rise to any claim against AH Group or such representatives. Whilst all published material is produced with the utmost care and accuracy, Anew Hotels will not be liable for any inaccuracies in any printed material whatsoever, and nor will it be liable for any damages arising out of such incorrect information published.
6.2 Assignment – Neither party shall assign its rights, duties, or obligations in and to this agreement, either in whole or in part, without the prior written consent of the other party first had and obtained.
6.3 Governing Law – The laws of the Republic of South Africa shall govern this Agreement.
6.4 Severability – Provided that the invalid provisions are not material to the overall import of this Agreement, if any portion of this Agreement is held to be unenforceable or illegal, then that portion shall be deleted, and the remainder of the Agreement shall remain in full force and effect.
6.5 Legal Costs – In the event of either Party instructing its Attorneys to take measures for the enforcement of any of its rights under this Agreement, the defaulting party shall pay on demand, all costs occasioned by its default on an Attorney & own Client basis as shall be lawfully charged by the Attorney of the successful party. In the event of the Tour Operator failing to make payment within the terms of its credit facility, AH Group reserves the right to charge interest on all overdue amounts at the prevailing overdraft interest rate at published by Nedbank Limited.
6.6 Force Majeure – In the event that either party shall be delayed, hindered or prevented from doing or performing any act or thing required herein by reason of strikes, lockouts, casualties, act of God, causes fortuities , labour difficulties, inability to procure materials, failure of power, governmental regulations, riots, insurrection, war or other causes beyond the control of such defaulting party, the defaulting party shall not be responsible for any non-performance occasioned by such an event provided that the defaulting party has, after becoming aware of such a circumstance constituting that vis Maj or, taken due care and all reasonable steps to avoid the occurrence of the non-performance.
6.7 Unless inconsistent with the context, an expression which denotes: –
9.10.1 Any gender includes the other genders.
9.10.2 A natural person includes an artificial person and vice versa.
9.10.3 The singular includes the plural and vice versa.
6.8 Entire Agreement – This Agreement contains all the terms and conditions agreed between the parties and supersedes any, prior or contemporaneous written proposals, statements, discussions, negotiations, or contracts. The parties acknowledge that they have not been induced to enter into this Agreement by any written representations or statements not expressly contained herein. The parties further agree that no amendments to this contract will be valid or enforceable unless reduced to writing and agreed on by both parties.
INDEMNITY
5.1 The Client by its duly authorised signatory hereto indemnifies AH Group and hold it harmless from and against all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon, or at any Hotel of the AH Group or on its premises during the occupancy or use by the Client, its officers, employees, agents, concessionaires, suppliers, contractors, guests or customers, of the AH Group services, in terms of this Agreement. Save where any loss or damage arises as a direct result of the negligence or wilful misconduct of AH Group or any person for whom ANEW Hotels is vicariously liable at law.
5.2 In the event that the Hotel may be made a party to any litigation commenced by or against the Client, then the Client shall also indemnify the AH Group and hold it harmless against all claims and shall pay all costs, expenses, and legal fees (including Attorney and own Client fees) reasonably incurred or paid by the AH Group in connection with such litigation.
