PAIA MANUAL

Legacy Hotels & Resorts (Pty) Ltd

Legal notices control document for electronic interactions, transacting and communication with the public and guests.

Section One – Website and Electronic Systems

1. General Disclaimer

Users using the www.legacyhotels.co.za website receive no warranties and Legacy Hotels & Resorts Proprietary Limited ("Legacy") makes no representations regarding any aspect of the site including but not limited to the operation of the site, the content of the site, the accuracy of information on the site or the goods and services advertised or referred to on the site. To the extent permitted by law neither Legacy nor any of its associates shall be liable for any damage, loss or liability of whatever nature arising from the use or inability to use the site or the services or content provided from and through this site.

The user's usage of the Legacy website constitutes their acceptance of this general disclaimer and the terms, conditions and policies described below. Legacy reserve the right to at any time amend its terms, conditions and policies. These amendments will have immediate effect once posted on the website. The last amendment to the terms, conditions and policies was April 2024 and we advise that users on a regular basis, review the terms, conditions and policies for amendments and updates.

The terms, conditions and policies pertaining to any services appearing on these pages or sites shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.

The information, opinions and the like expressed on this site are not professional advice and does not necessarily represent the official opinion of Legacy or any of its associates.

2. Website Use

2.1 Introduction

Legacy offers this website and the information contained therein to its stakeholders ranging from suppliers, guests and staff. All materials on this site constitute and offer information and insight into Legacy and do not constitute an invitation to transact business unless clearly stated as such. Commercial use of this site is strictly prohibited unless you obtain prior written consent from Legacy.

Use of the website must be within the following boundaries:

The user may only use this site to make legitimate reservations or purchases.
The user is responsible for maintaining the secrecy of their passwords, login and account information.
Legacy may, at any time and without advance notice or liability, terminate or restrict a user's access to all or any component of the site.
The user may not use the site to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand, post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The user may not use information from this site in any type of bulk communications, including but not limited to spam, junk mail, or chain letters, or for any other purpose that is unlawful.

2.2 Trademarks, Copyright, Licences and Intellectual Property

This website is solely for personal and non-commercial use. Trademarks, copyright, licences and intellectual property made available on this website are owned by Legacy. Content including, but not limited to, graphics, databases, hyperlinks, private information, designs and agreements are protected from infringement by South African and international intellectual property laws.

If you wish to use content, please contact the Marketing Coordinator on +27 (0) 11 806 6810 or email legacymarketing@legacyhotels.co.za to obtain written consent.

2.3 Online Reservations

The use of the website for online bookings and transactions are done in accordance with the applicable online reservations and cancellation policies.

2.4 Linking

2.4.1 Hyperlinks to Legacy
No person, company or website may link to the Legacy website without written consent. Such permission can be obtained by emailing hotels@legacyhotels.co.za.

2.4.2 Framing, in-line links, crawlers or metatags
No person, company or website may frame, in-line link, crawl or metatag the Legacy website without written consent. Such permission can be obtained by emailing hotels@legacyhotels.co.za.

2.4.3 Links provided to third parties
The Legacy site may from time to time provide links to third party sites or resources. Legacy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

2.5 Children

Persons under the age of 18 or who have not been legally emancipated may use this website to view and gather information. If the intent is to transact, communicate, link or use information contained in the website then supervision of a parent or guardian is required.

2.6 Warranties and Limitation of Liability

Legacy has made every effort to ensure information presented on the website is true and accurate. Legacy will not be liable for any damages, losses or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line failure. Information on the website is not deemed professional advice or instruction.

2.7 Submissions

It is company policy not to accept unsolicited ideas, concepts, notes, drawings, suggestions or any information that may attach ownership debates. Once any submission is made it becomes the exclusive ownership of Legacy, attracting unrestricted use for whatsoever purpose, commercial or otherwise, without compensation to the provider.

2.8 Digital Signature Provisions

The user represents and warrants that they have the legal right, power and authority to agree to these terms and conditions on their own behalf and the entity on whose behalf they may be acting.

2.9 Security

While reasonable measures are taken to ensure the security and integrity of information submitted to the Legacy site, this website cannot be held liable for any loss or damage sustained as a result of intentional or accidental access by a third party.

2.10 Availability

Legacy will make its best efforts to ensure the availability of the system. It does not guarantee availability and will from time to time schedule routine maintenance that will impact on availability.

3. Privacy and Protection of Personal Information Policy

Legacy will take every precaution to protect users' information. When a user submits personal and private information to Legacy via the website, the information is protected both online and offline.

Legacy confirms that it does use collection agents known as "Cookies" which enable servers to identify repeat users, monitor usage trends and to facilitate the ongoing use of online services. Cookies are optional and may be switched off by denying cookies in the user's website settings.

Legacy will not sell, share, or rent this information to others in ways different from that which is disclosed on the website. Legacy will however disclose information in order to comply with applicable law, legal notices served on it, or in defending its rights or property.

4. Online Reservations and Cancellation Policies

4.1 Reservations

All rates quoted are on a room only per person per night basis unless otherwise indicated.
All rates are for accommodation only unless otherwise specified.
All bookings are subject to availability.
Rooms will be kept until 18h00 on day of arrival unless otherwise assured or guaranteed.
Check-in is after 14h00 and checkout is before 10h00. Country specific terms and conditions may apply.
Rates are non-commissionable.
Children under the age of 17 stay on a sharing basis and eat free.
All accommodation bookings made on this website are subject to the Legacy conditions of residence.
Rates are subject to availability and fluctuations.

4.2 Cancellations

Cancellations – for two or less rooms – within 48 hours prior to arrival will be subject to a full cancellation fee of the value of the accommodation booked.
Cancellations – for three to nine rooms – within seven days prior to arrival will be subject to a full cancellation fee of the value of the accommodation booked.
Cancellations – ten rooms or more – group cancellation policy will apply.
Guaranteed reservations will be held for first night only, after which the accommodation will be released.
Rates may be subject to change.
Further terms and conditions may apply.

4.3 Country Specific Online Reservation and Cancellation Information

South Africa: All rates include VAT @ 15% and 1% Tourism Levy.

Namibia: Rates quoted in Namibian Dollars are inclusive of VAT @ 15% and 2% Tourism Levy.

Gabon: Rates are quoted in EUR and are inclusive of VAT @ 18% and City Tax @ 2% (CFA 1,000 / 2 EUR per night per room).

4.4 General Reservations, Cancellation Terms and Conditions

All reservation queries can be directed to Legacy Central Reservations on 0800 HOTELS or +27 (0) 11 806 6888. All reservations are subject to existing terms and conditions prevailing at the time, including children and meal policies. Legacy and participating establishments are not liable for any omissions, acts or defaults made by any partner or agent.

4.5 Conditions of Residence

The guest, by signing the registration card, warrants that he is duly authorised to sign and bind his principal and each member of his accompanying party to these conditions of residence.
The guest and his principal agree to pay not later than the time of departure, the room rate for the period of residence together with any other charges incurred, plus Value Added Tax.
A certificate from the Hotel management shall constitute proof of indebtedness of the guest or his principal for all purposes including any action instituted by the Hotel.
In the event the guest leaves behind goods at the Hotel, the Hotel will make all reasonable efforts to contact the guest. If goods remain unclaimed after three months, the Hotel is authorised to dispose of the goods as Management determines.
The Hotel's Proprietor and Management shall not be responsible for loss or damage to any property brought by the guest upon the premises, whether arising from fire, theft or any cause. Guests may hand money and/or valuables to the Hotel for safekeeping, for which a special receipt will be issued.
The guest consents to the jurisdiction of the Magistrate's Court in respect of any proceedings connected with the stay. The Hotel also retains the right to institute proceedings in any division of the Supreme Court having jurisdiction.

Section Two – PAIA Manual

Manual prepared in accordance with section 51 of The Promotion of Access to Information Act (Act No. 2 of 2000) for Legacy Hotels & Resorts (Pty) Ltd, registration number 1999/014365/07. This manual includes all companies comprising the Legacy Hotel Group, including companies managed by the group and associated companies.

1. Contact Details

Legacy Hotels & Resorts (Pty) Ltd (Reg. No. 1999/014365/07) is a privately owned group that focuses on the promotion of the hospitality industry in various African and Indian Ocean countries, with its operating base being the Republic of South Africa.

Mr N G Yates in his capacity as Managing Director of Legacy may be contacted for information requested in terms of Form "A" as detailed in the Act:

Street address: Legacy House, 5 Autumn Street, Rivonia, 2128
Postal address: PO Box 3410, Rivonia, 2128
Telephone: +27 (0) 11 806 6800
Facsimile: +27 (0) 11 806 6868
Email: legacypaia@legacyhotels.co.za
Website: www.legacyhotels.co.za

1.3 Direct Holdings

Legacy All Suites Management Services (Pty) Ltd – 1997/008445/07
Centurion Lake Hotel Holdings (Pty) Ltd – 1984/010926/07
Centurion Lake Property (Pty) Ltd – 1989/006275/07
Legacy Hotel Management Services (Pty) Ltd – 1984/011057/07
Centurion Lake Investments (Pty) Ltd – 1989/006273/07
Kwa Maritane (Pty) Ltd – 1995/001442/07
Stocks Hotels & Resorts Holdings (Pty) Ltd – 1990/007360/07
Legacy Hotels & Resorts Properties (Pty) Ltd – 1992/003957/07
Elements Golf Resort (Pty) Ltd – 2005/029843/07
Legacy Hotels & Resorts International (Pty) Ltd – 1997/005111/07
Restaurant Parc Fermé (Pty) Ltd – 2001/007619/07
Legacy Hotel Holdings (Pty) Ltd

1.4 Associated or Indirect Holdings

Legacy Hotels & Resorts Employees Trust – IT3997/97
Swanvest 328 (Pty) Ltd – 2003/023853/07
Pilanesberg Resorts (Pty) Ltd – 1983/070181/07
Twin Lion Investments (Pty) Ltd – 1996/010565/07
Legacy Management Holdings (Pty) Ltd – 1996/010594/07
Da Vinci Hotel and Suites (Pty) Ltd – 2004/013503/07
Maude Street Developments (Pty) Ltd – 2012/009555/07
Legacy Hospitality Management Services (Pty) Ltd – 2000/029745/07
Leonardo Hotel and Suites (Pty) Ltd – 2008/008702/07

1.5 Managed Entities

Legacy Private Residencies Share Block Limited – 2006/027487/06
Bakubung Share Block Company Limited – 1983/070174/06
Kwa Maritane Residents Association
Castleburn Share Block Limited – 1991/005692/06
Castleburn Homeowners Association NPC – 2007/025284/08
Wilderness Dunes Share Block Limited – 1990/003061/06
Kruger Park Lodge Share Block Limited – 1989/006537/07
Kruger Park Lodge Homeowners Association – 1997/018352/08
Elephant Point Owners Association NPC – 2012/146361/08
Raphael Homeowners Association NPC – 2001/000151/08
The Body Corporate of Michelangelo Towers – SS 338/2007
The Body Corporate of Legacy Corner – SS 550/2010
The Body Corporate of the Leonardo – SS 158/2020
Legacy Pride NPC – 2010/007373/08

2. Guide on How to Use the Promotion of Access to Information Act

The Act grants a requester access to records of the Company if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 8.

Requesters are referred to the Guide to be compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The PAIA Unit can be contacted at:

The Human Rights Commission: PAIA Unit
The Research and Documentation Department
Private Bag 2700, Houghton, 2041
Telephone: +27 (0) 11 484 8300
Facsimile: +27 (0) 11 484 0582
Email: paia@sahrc.org.za
Website: www.sahrc.org.za

3. Copy of Notice

No notice in terms of Section 52(2) of the Act has been published.

4. Records Available in Terms of Legislation Other Than the Promotion of Access to Information Act

4.1 Human Resources

Basic Conditions of Employment No. 75 of 1997
Employment Equity Act No. 55 of 1998
Labour Relations Act No. 66 of 1995
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Pensions Funds Act 24 of 1956
Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
Unemployment Insurance Act 63 of 2011
Environmental Health and Safety Act 1989

4.2 Accounting and Finance

Income Tax Act No. 95 of 1967
Value Added Tax Act No. 89 of 1991
Public Accountants' and Auditors' Act No. 80 of 1991
Revenue Laws Amendment Act 60 of 2008
Financial Intelligence Centre Act 38 of 2001
National Credit Act 34 of 2005

4.3 Company Secretarial and Administration

Companies Act No. 71 of 2008
Stamp Duties Act No. 77 of 1968
Copyright Act 98 of 1978
Competition Act 89 of 1998
Share Blocks Control Act 59 of 1980
Sectional Title Act 95 of 1986
Sectional Title Schemes Management Act No. 8 of 2014
Consumer Protection Act 68 of 2008
Customs and Excise Act 91 of 1964
Gauteng Liquor Act 2 of 2003
KwaZulu-Natal Liquor Act 27 of 1989
Western Cape Liquor Act 4 of 2008
Eastern Cape Liquor Act 10 of 2003
Mpumalanga Liquor Act 5 of 2006
National Liquor Act 59 of 2003

4.4 Safety

Occupational Health & Safety Act No. 85 of 1993

5. Access to the Records Held

The categories of records which are available without a person having to request access in terms of the Act: information already available in the public domain.

Records that may be requested (note there are a number of grounds for refusal of access):

Company Secretarial / Legal
Human Resources
Financial

6. Accessing a Record Held by the Company

The request must be made to the head of the Company at the contact details detailed above.
Any request for access to records must be completed on the prescribed Form "A" in terms of the Act and regulations.
The requester must provide sufficient detail to enable the head of the Company to identify the record and the requester, and should indicate what form of access is required.
The requester must identify the right they are seeking to exercise or protect and provide an explanation of why the record is required.
If a request is made on behalf of another person, proof of capacity in which the request is being made must be submitted.
The head of the Company must notify the requester of any prescribed fee required before processing the request.
The head of the Company will make a decision in accordance with the Act and notify the requester of the outcome.
If the request is granted, a further fee must be paid for search, reproduction and preparation, and for any time exceeding the prescribed hours.
Legal remedies are available to a requester who believes there has been a failure to comply with the Act, including lodging an appeal or application to court.

7. Other Information

The Minister of Justice and Constitutional Development has not made any regulations in this regard.

8. Fees and Payments

Personal requester: Anyone who seeks information pertaining to themselves is exempt from paying a requester's fee.

Requester fee: A requester fee to a public body is prescribed by the Act to be R50.00.

Additional fees for replication of data in various forms are prescribed by the Act and are detailed at www.doj.gov.za. The Head may also charge for time spent processing the request. Legacy undertakes to communicate all such costs to the requester and require payment before proceeding.

Section Three – Legacy's Responsible Gambling Policy

Legacy strives to protect our customers against the possible harmful consequences of problem gambling by means of information, assistance and personal attention.

1. Introduction

By "responsible gambling" we understand all policies, programmes and practices designed to minimise the incidence of, and harm caused by, excessive gambling, while not interfering unnecessarily with the legitimate enjoyment of those who gamble harmlessly.

We stress to our customers and to the general public that gambling ought only to be seen as one entertainment and leisure option amongst many. Our aim is to provide our customers with excitement and enjoyment which means we do not want them to gamble to the point where gambling becomes a problem and causes significant damage to their lives and those close to them.

Our Board is formally and unanimously committed to doing all we can to promote responsible gambling, to discourage irresponsible gambling and to provide free, confidential and expert help to those who get into trouble through gambling too much.

2. The Corporate Policy on Problem Gambling

The Responsible Gambling Policy (RGP) addresses both irresponsible gambling and underage gambling. We commit human and financial resources to promote public understanding of the problem of irresponsible gambling, and have policies and practices in place to recognise and prevent problem gambling. Gaming operations are governed by a Code of Conduct giving practical expression to our commitment to making responsible gambling an integral part of our daily operations.

We are also concerned about the possible incidence of underage gambling and rigorously enforce the prohibition of gambling for any person under the age of 18 years.

3. Principal Tenets

3.1 Commitment to Regulators

Our policy is to apply resources in a comprehensive approach to the issue of problem gambling by cooperating with relevant local and national bodies.

3.2 Commitment to Employees

We are committed to educating all current and future employees about responsible gambling and providing periodic refresher training.
We train all staff to recognise potential cases of problem gambling including neglect of children, and to report these to the appropriate qualified manager.
We implement communications programmes for employees to improve their understanding of responsible gambling policies and procedures.
We make brochures available to new employees regarding responsible gambling and where to find assistance.
We post responsible gambling-awareness signage bearing the NRGP counselling line number at various locations where employees congregate.

3.3 Commitment to Customers

Brochures regarding responsible gambling and where to find assistance are made visible and available in gambling areas.
Information regarding responsible gambling is available on the Legacy website www.legacyhotels.co.za.
Signage bearing the NRGP counselling line number is displayed in gambling areas. The NRGP has counsellors in both Swakopmund and Windhoek where Legacy's casinos are based.
Customers may request in writing that they not be sent promotional mailings, or that their privileges in relation to specific casino services be revoked. We will take all reasonable steps to honour such written requests.
We reserve the right to exclude any patron from gambling without a request from that patron.

3.4 Commitments Regarding Underage Gambling and Unattended Children

Any person of 18 years of age or younger is regarded as a child under this policy.
Diligent efforts are made to prevent children from loitering in the proximity of the gambling area of the casino.
Where an unaccompanied child appears to be at risk, security or appropriate personnel will remain with the child while reasonable steps are taken to locate the parent or responsible caregiver. If efforts are unsuccessful, the child will be released to the care of an appropriate third party.

3.5 Commitment to Funding the NRGP

All gambling industries contribute towards the NRGP in terms of an agreement negotiated with the South African Responsible Gambling Trust, which incorporates Namibia.
All gambling industries will continue to use the NRGP's research to identify best practices to promote responsible gambling.

3.6 The Principal Activities of the National Responsible Gambling Programme

The NRGP provides free, confidential and expert counselling by telephone and face-to-face for anyone who wants it, including members of the families of problem gamblers.
The programme conducts continuous awareness campaigns through the media to alert the public to the dangers of gambling and how to avoid them.
The programme provides training in responsible gambling matters for all staff working in the gambling industry.
The programme undertakes research to ensure that treatment and prevention work, as well as public policy, are informed by the best available evidence nationally and internationally.

3.7 Seeking Help

If you believe that you have a gambling problem and would like to seek help please contact the National Responsible Gambling Programme Helpline on +27 (0) 21 674 5830.