SECTION 18 CONSENT, INDEMNITIES AND DISCLAIMER
Please note that participation in the Event will NOT be allowed, unless you have clicked consent to the below Section 18 Consent form, Indemnities and Disclaimer has been received.
GROWTHPOINT INDEMNITY
Growthpoint Management Services Proprietary Limited (“Growthpoint”) would like to acquire freely given, specific, informed and unambiguous consent from you (the “Data Subject”) before it collects any of your personal information from you. In terms of the Protection of Personal Information Act No. 4 of 2013 (“POPIA”), Growthpoint is obliged to provide you with the following information when collecting personal information from you:
I, the data subject, confirm that I:
hereby agree to hold harmless and indemnify Growthpoint Properties Limited and all subsidiaries thereof (“Growthpoint”), in respect of the Operation Destination Portugal Incentive trip (“the Event”) from 31 August 2023 to 6 September 2023, in which the Participants will travel from Johannesburg to Portugal, against any liability whatsoever for any loss damage, injury, death and/or disability caused to or suffered regardless of whether it is as a direct, indirect, or consequential result of the Event, or the actions of anyone associated with it.
ACKNOWLEDGEMENT
I, the undersigned, acknowledge, in relation to the Event, and all and any other activities in relation thereto, that:
- the Event involves travel by various forms of aircraft, and motor vehicles and contains the normal risks associated therewith;
- the risks incidental to and associated with the activities are fully understood;
- the risk of injury or death that may result from the Event and the activities, is fully understood;
- I will participate in the Event of my own free will, and without having been induced; and
- I shall be responsible for complying with all applicable legislation in relation to the Event;
- I am responsible to consult my medical practitioner with regard to any vaccinations or medication which may be prescribed or advised.
I further acknowledge and accept that neither Growthpoint any of its agents, contractors or representatives have made any representations, and have not given any undertakings in regard to the Event, whether in relation to the destination, its suitability in relation to the activities, or otherwise.
WAIVER
I, furthermore, hereby, to the fullest extent possible in law, waive all claims that I may have at any time against Growthpoint or any of its contractors, representatives, agents or employees, for any liability, patrimonial or other loss, damage to property, harm, injury, death or expense which may be suffered by me, whether directly or indirectly, from any cause whatsoever and howsoever arising, in connection with the Event and/or the activities.
INDEMNITY
I, furthermore, hereby indemnify, to the fullest extent possible in law, Growthpoint and any of its contractors, representatives, agents or employees, and hold them harmless against any claims which may arise from any patrimonial or other loss, death, harm, any and all liabilities, damages and claims, expense, injury or damage to person or property, whether directly or indirectly, which may be suffered by any person in relation to or as a consequence of my use participation in the Event, howsoever arising.
GLOBAL TRAVEL PARTNERS INDEMNITY
- The delegate wishes to make use of GLOBAL TRAVEL PARTNERS’s services as an Incentive Organiser.
- The Proposed Travel Arrangements are made on the express condition that GLOBAL TRAVEL PARTNERS, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to or additional expense incurred by any delegate (which shall be deemed to include the heirs, executors, administrators or assigns of the delegate whether on the tour or journey or not), to or of their luggage, or other property or person, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the GLOBAL TRAVEL PARTNERS.
- Further, with regards to water and other 3rd party activities, for example white water rafting or water skiing or any other activity whatsover, the delegate acknowledges the serious risk and danger involved in this activity, should the delegate accept to participate in these activities, they do so out of their own free will and decision, and as such accept and assume all risk related to such activity unconditionally and irrevocably.
- GLOBAL TRAVEL PARTNERS, its direct employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever and howsoever arising.
SECTION 18 – CONSENT WITH RESPECT TO THE PROCESSING OR PERSONAL INFORMATION
Portugal 2023
Growthpoint Management Services Proprietary Limited (“Growthpoint”) would like to acquire freely given, specific, informed and unambiguous consent from you (the “Data Subject”) before it collects any of your personal information from you. In terms of the Protection of Personal Information Act No. 4 of 2013 (“POPIA”), Growthpoint is obliged to provide you with the following information when collecting personal information from you:
CONSENT
By signing this form, I hereby agree to provide Growthpoint with my personal information, based on the following:
Data Subject: You;
Responsible Party: Growthpoint;
Type of information: Name, surname, email, identification/passport number, age, gender, religion, disability, and any other information needed to facilitate your travel arrangements.
Purpose: The purpose for which this information is being collected is to facilitate your travel arrangements, accommodation bookings and related activities on the Portugal trip planned for 31 August to 6 September. Additionally, we propose to intend to store this information for future booking purposes on your behalf without having to request this information again. If you do not want your travel information to be stored by Growthpoint, this needs to be declared in writing to the organiser, and will be destroyed in accordance with POPIA regulations after the Portugal trip has been completed.
Source: Information is collected from the Data Subject directly;
Voluntary or mandatory: The supply of the information is voluntary;
Legal requirement: Growthpoint is not statutorily obliged to collect personal information;
Travel requirement: Your travel arrangements for this trip that you will be attending as one of our top brokers (our data subject), makes the supply of your personal information mandatory.
Consequences of not providing: Should you/the Data Subject refuse to provide Growthpoint with the Personal Information required for the purposes indicated above and the required consent to process the abovementioned Personal Information, Growthpoint will be unable to facilitate your travel arrangements. Subsequently, you will not be permitted to travel with Growthpoint if this consent is not provided.
Recipients of information: Growthpoint will be the recipient of the personal information. We may be required to disclose your personal information to third parties in order to fulfil the terms of the intended trip to Portugal. Information will also be shared across borders, into a territory that does not necessarily have similar privacy laws. Such disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information. Any other disclosure of your personal information will only be made upon your authorisation to Growthpoint to do so, or in the event that Growthpoint is required to do so in terms of POPIA or any other applicable legislation;
Access and right to amend: You have the right to access your personal information and to request us to rectify the information collected should it be incomplete or contain any errors;
Right to object: You have the right to object to the processing of your personal information in terms of section 11(3) of POPIA by sending an email to the information officer at [email protected]; and
Complaints: You have the right to lodge a complaint with:
The Information Regulator at email: [email protected].
- I am supplying this information voluntarily and without any undue influence from any party.
- Failure to provide this information will result in Growthpoint being unable to make any travel arrangements on your behalf.
I am aware that I have the following rights with regard to my personal information being collected:
- I have the right to access my information and to rectify any information that is collected from me.
- I may object to the processing of my personal information.
- I may lodge a complaint to the Information Regulator.
I, the Data Subject, have read and understood this notice and consent to the processing of my personal information.
By consenting (clicking the accept button) to the above terms and conditions you are deemed to have signed and accepted this agreement.