Marketing Terms & Conditions

These Marketing Terms and Conditions (“Terms”) govern all marketing, promotional, and communication activities conducted by The Capital Hotels, Apartments and Resorts and its affiliated entities (“The Capital”, “we”, “us”, “our”).

By subscribing to, interacting with, or receiving marketing communications from The Capital through any channel, you acknowledge that you have read, understood, and agreed to these Terms.

1. Scope of Marketing Communications

These Terms apply to all marketing and promotional communications issued by The Capital, including but not limited to:

• Email marketing
• SMS and WhatsApp communications
• Push notifications
• Digital and social media advertising
• Promotional competitions or campaigns
• Surveys, feedback requests, and guest satisfaction communications
• Loyalty, offers, and reward-related messaging

2. Consent and Opt-In

By providing your contact details or subscribing through any of our platforms, you expressly consent to receive marketing communications from The Capital. These Terms apply to all marketing and promotional communications issued by The Capital, including but not limited to:

Consent may be obtained through, but is not limited to:

• Online bookings or enquiries
• Website subscription forms
• Wi-Fi access portals
• Guest registration or check-in processes
• Competitions, promotions, or campaigns
• WhatsApp, SMS, or email opt-in mechanisms

You acknowledge that:

• Marketing communications are voluntary and opt-in
• You may withdraw your consent at any time
• Withdrawal of consent will not affect non-marketing, transactional
  communications relating to your booking or stay

3. Communication Channels

3.1 Email Marketing

Emails may include promotional offers, brand updates, event information, surveys or tailored recommendations. All marketing emails will contain an unsubscribe mechanism.

3.2 SMS and WhatsApp Communications

By opting in, you consent to receiving promotional, transactional, and informational messages via SMS or WhatsApp Business.

Message content may include:

• Promotions and special offers
• Booking confirmations or reminders
• Event invitations
• Guest service follow-ups
• Surveys or feedback requests

Message frequency may vary based on engagement, preferences, and active campaigns.

3.3 Digital and Online Advertising

We may use your data to deliver relevant advertising on digital platforms, including social media and search engines, in accordance with your preferences and applicable law.

4. Personal Data Usage

Personal data collected for marketing purposes may include:

• Name and surname
• Contact details (email, mobile number)
• Location or property preferences
• Booking and stay history
• Engagement with marketing communications

All personal data is processed in accordance with our Privacy Policy, which forms part of these Terms.

5. Data Protection and Compliance

The Capital processes personal data in compliance with applicable data protection legislation, including:

• The Protection of Personal Information Act, 2013 (POPIA) of South Africa
• The General Data Protection Regulation (GDPR), where applicable

We implement appropriate technical and organizational measures to safeguard personal data against unauthorized access, loss or misuse.

6. Data Sharing and Third Parties

We do not sell or rent personal data.

Personal data may be shared with:

• Approved marketing service providers
• Technology, CRM, and analytics platforms
• Communication service providers (email, SMS, Whats

All third parties are contractually obligated to protect personal data and process it only for authorised purposes.

7. Opt-Out and Preference Management

You may opt out of marketing communications at any time by:

• Using the unsubscribe link in emails
• Replying “STOP” to SMS communications
• Using WhatsApp opt-out prompts or commands
• Adjusting your communication preferences where available
• Contacting us directly

Opting out of marketing communications does not affect transactional or service-related messages.

8. Charges and Connectivity

Marketing messages are sent at no charge from The Capital. Standard data or messaging rates from your mobile network provider may apply.

9. Campaign Availability and Changes

The Capital reserves the right to:

• Modify, suspend, or discontinue marketing campaigns
• Change the content, frequency, or format of communications
• Update these Terms from time to time

Material changes will be communicated via our website or through appropriate communication channels.

10. Limitation of Liability

To the fullest extent permitted by law, The Capital shall not be liable for:

• Delayed, failed or undelivered messagesTechnical or platform-related disruptions

  Any loss arising from reliance on marketing content

  Unauthorised access to your communication channels

11. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of South African courts.

12. Contact Information

For questions, concerns or requests relating to marketing communications or personal data, please contact:

The Capital Hotels, Apartments, and Resorts
Email: marketing@thecapital.co.za

Website: www.thecapital.co.za

13. Cross-border transfers

If we use service providers or servers outside South Africa, we will implement appropriate safeguards to protect your personal information and comply with applicable law (POPIA and, where applicable, GDPR principles).

14. Data retention

We keep marketing-related personal information only as long as needed for legitimate business purposes, legal obligations, dispute resolution, and to respect opt-out suppression lists (so we do not accidentally market to you after you opt out).

15 Eligibility and minors

Our Marketing Communications are not intended for persons under 18. If you believe a minor has provided us with information for marketing, contact us to request deletion.

16. Limitation of liability

We are not responsible for:

• message delays, failures or non-delivery due to networks, carriers, platforms or device settings
• any losses arising from reliance on promotional content where not required by law

17. Governing law

The laws of the Republic of South Africa govern these Marketing Terms.

18. Contact us (Privacy / Marketing)

Gor personal information queries:

• Information Officer / Privacy contact: Dale Smith
• Phone +27(0) 10 448 5000
• Website: https://thecapital.co.za/privacy-policy/

Whatsapp Terms & Conditions

These Terms and Conditions (“Terms”) govern participation in and communication through our WhatsApp marketing campaigns (“Campaigns”). By subscribing, interacting, or responding to our WhatsApp messages, you agree to these Terms.

1. Consent to Communication

By opting in to receive WhatsApp messages, you consent to:

• Receive promotional, transactional, and informational messages.
• Communication via WhatsApp Business in accordance with WhatsApp’s Terms of Service and Meta’s Business Policy.
• Data processing as described in our Privacy Policy.

2. Message Content

• Messages sent may include:
• Product or service promotions
• Account or transaction notifications
• Event invitations or reminders
• Customer support follow-ups
• Surveys or feedback requests

We will not send messages unrelated to our business offerings or share unrelated third-party promotions without your consent.

3. Frequency of Messages

Message frequency will vary depending on user interaction, active promotions, or subscriptions. We aim to limit promotional messages to a reasonable frequency and avoid spam.

4. Data Privacy and Security

We respect your privacy. Any personal data collected through WhatsApp will be processed in compliance with:

• The Protection of Personal Information Act (POPIA) of South Africa
• The General Data Protection Regulation (GDPR) (if applicable)
• WhatsApp’s own data policies

We do not sell or rent personal information to third parties. Data may be shared only with authorized service providers assisting in campaign delivery.

5. Charges and Connectivity

WhatsApp messages are free of charge from our side, but standard data rates from your mobile network provider may apply.

6. Limitation of Liability

We will not be liable for:

• Delayed, failed, or undelivered messages due to connectivity or platform issues.
• Losses arising from reliance on any promotional content.
• Unauthorized access to or misuse of your WhatsApp account.

7. Changes to Terms

We may update these Terms from time to time. Any significant changes will be communicated via WhatsApp or published on our website.

8. Governing Law

These Terms are governed by the laws of the Republic of South Africa, and any disputes shall be resolved within its jurisdiction.

By continuing to interact with our WhatsApp campaigns, you confirm that you have read, understood, and agreed to these Terms and Conditions.