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.