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News, views, and reviews on legal issues relating to the global travel, tourism and hospitality industry.

What is Lemon Law?

Car dealer signing a contract

There’s a whole bunch of different law types out there, from Tort law, and constitutional law, to criminal law, but have you ever heard of Lemon Law? And no, it’s not a term that refers to spending too long on ...

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Social Media & Defamation – Part 2

Continuing this series from Part 1, this article highlights more reasons why businesses (or individuals) need to ‘Tread Warily’ with regard to Social Media and the legal consequences of Defamation. What Must Be Proved & Who Has To Prove It (Burden ...

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Law of Contracts – Part 27

The Role of Service Level Agreements. By Adv Louis Nel. (For a summary see end of article). Alternative Dispute Resolutions (Cont’d) I ended Part 26 of this series by stating that arbitration becomes the method of resolving a dispute if parties to the ...

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Law of Contracts – Part 26

The Role of Service Level Agreements. By Adv Louis Nel. (For a summary on this series see end of article). Alternative Dispute Resolutions (Cont’d) As mentioned at the end of my article on standard terms and conditions last month (Part 25 – JAN ...

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Law of Contracts – Part 25

The Role of Service Level Agreements By Adv Louis Nel. (For a summary on this series see end of article). Disputes: You Don’t Have To Go To Court! As suggested in my article on standard terms and conditions last month, ‘A further ...

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Law of Contracts – Part 24

The Role of Service Level Agreements By Adv Louis Nel. (For a summary on this series see end of article). Service level agreements (‘SLA’) come in different guises and fulfil varied functions. The SLA is mainly uses in two ways – it ...

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Law of Contracts – Part 23

Enforcing Your Contract: Homework – What To Do Before You Go Ahead. By Adv Louis Nel. (For a summary on this series see end of article). THE NEXT STEP I.E. STEP 4 IS TO CONSIDER WHO TO CONSULT (REFRESHER: STEP 1 WAS/HOW ...

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Law of Contracts – Part 22

Enforcing Your Contract: Homework – What To Do Before You Go Ahead. By Adv Louis Nel. (For a summary on this series see end of article). THE NEXT STEP I.E. STEP 3 IS TO CONSIDER THE IMPACT ON VARIOUS ASPECTS OF YOUR ...

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Law of Contracts – Part 21

Enforcing Your Contract: Homework – What To Do Before You Go Ahead. By Adv Louis Nel. SUMMARY In Part 1 (Aug 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. ...

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Large Scale Retrenchments

Different routes for different challenges. Section 189A of the Labour Relations Act, No 66 of 1995 (LRA) enumerates the rules applicable in large scale retrenchments. By Kirsten Caddy and Aadil Patel. Employees who are retrenched in terms of a retrenchment ...

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Law of Contracts – Part 20

Enforcing Your Contract: Homework – What To Do Before You Go Ahead. By Adv Louis Nel. SUMMARY In Part 1 (Aug 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. ...

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Law of Contracts – Part 19

Enforcing Your Contract: Homework – What To Do Before You Go Ahead. By Adv Louis Nel. SUMMARY In Part 1 (Aug 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. ...

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Law of Contracts – Part 18

Enforcing Your Contract: Homework – What To Do Before You Go Ahead. By Adv Louis Nel. SUMMARY In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. ...

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The CPA: Cancellations & Deposits

Legal advise on the South African Consumer Protection Act regarding Cancellations, Penalties and Non-Refundable Deposits in tourism. NOTE: The Risk in Tourism series (The Law: Contracts) will continue with Part 18 in a future edition. – Part 1 – This ...

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Law of Contracts – Part 17

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 16

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 15

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 14

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 13

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 12

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 11

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 10

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 9

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. In this series, I deal with the risk profile of each, i.e. broadly speaking the areas of ...

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Law of Contracts – Part 8

In Part 1 (August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. I will be dealing with the risk profile of each, i.e. broadly speaking the areas of risk ...

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Risk in Tourism – Part 7

In Part 1 (page 36 – Tourism Tattler August 2014), Louis the Lawyer categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. I will be dealing with the risk profile of each, ...

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Risk In Tourism – Part 6

THE LAW OF CONTRACTS In Part 1 (page 36 – August 2014), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. I will be dealing with the risk profile of each, ...

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Risk in Tourism – Part 5

Credit & Credit Cards In Part 1 (page 36 – August issue), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. I will be dealing with the risk profile of each, ...

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Money & Payment

In Part 1 (page 36 – August issue), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. I will be dealing with the risk profile of each, i.e. broadly speaking the ...

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Customers & Risk

In Part 1 (page 36 – August issue), I categorised risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. I will be dealing with the risk profile of each, i.e. broadly speaking the ...

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PART 2 – People

In Part 1 (page 36 – August issue), I labeled risk into five categories, namely; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. I will be dealing with the risk profile of each, i.e. broadly speaking the ...

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Risk in Tourism: Part 1

Part 1 of this new series on Risk in Tourism looks at the first of five risk categories from a legal perspective. By Adv. Louis Nel. The Concept of Risk “A ship is always safe at the shore – but ...

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POPI Part 12 – SPAM

In the May edition of Tourism Tattler we deal with how the Protection Of Personal Information Act (POPI) addresses SPAM (section 69) i.e. approaching a data subject via electronic communication or mail for the purposes of for the purposes of ...

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‘POPI’ Part 11

The New Protection Of Personal Information (POPI) Act – PART 11 – PRINCIPLE #9 CODES OF CONDUCT (Sections 60 – 68) The Information Protection Regulator (‘IPR’) may issue a code of conduct (‘COC’) BUT there is also a voluntary option ...

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The New ‘POPI’ Act – Part 6

‘POPI’ is an acronym for the PROTECTION OF PERSONAL INFORMATION ACT. PRINCIPLE #4 – FURTHER PROCESSING LIMITATION By Adv. Loui Nel. This section is an extension of the process limitation provisions contained in principle two (see page 26 of the ...

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The New ‘POPI’ Act – Part 5

‘POPI’ is an acronym for the PROTECTION OF PERSONAL INFORMATION ACT. PRINCIPLE #3 – PURPOSE SPECIFICATION: PART 1 By Adv. Loui Nel The purpose for which Personal Information (‘PI’) is collected must be: Lawful; Specific (i.e. not excessive as far ...

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The New POPI Act – PART 4

The New Protection Of Personal Information Act (POPI) – PART 4 –  Principle #2 – Processing Limitation: Part 2 Personal Information (‘PI’) must at all times be collected directly from the Data Subject (‘DS’) except in following cases: If it ...

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The New POPI Act – PART 3

The New Protection Of Personal Information (POPI) Act – PART 3 – PRINCIPLE #2 – PROCESSING LIMITATION: PART 1 ‘Processing’ is defined as to ‘collect, disseminate or merge’ personal information (‘PI’).   POPI applies to collection by whatever means the ...

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The New POPI Act

The New Protection Of Personal Information (POPI) Act  – PART 2 – ACCOUNTABILITY. As mentioned in the first part of this series, the POPI is based on eight principles – let’s look more closely at the first principle namely accountability. ...

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The new ‘POPI’

aka PROTECTION OF PERSONAL INFORMATION ACT – PART 1 – INTRODUCTION As most of us are aware this has been around for a long time (Over 4 years) but it is eventually coming to fruition and should become law later ...

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The CPA and Supplier Rights & Recourse

STATUS OF INDEMNITIES AND DISCLAIMERS – PART 3 – What you have to do about: Your Current and Future Documentation. The first thing to bear in mind is that making your indemnities, waivers and terms and conditions CPA compliant is ...

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Gauteng Liquor ban on Sundays

According to an ‘extraordinary’ provincial gazette from the Province of Gauteng published on 25 January 2013, ‘interested parties’ had 30 days to comment on the draft Gauteng Liquor Regulations for 2013, writes Attorney Leon Slotow. The deadline date for submission ...

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The CPA and SUPPLIER Rights & Recourse

STATUS OF INDEMNITIES AND DISCLAIMERS – PART 1 – As matters stood before the CPA came into effect April 01 2011, you could indemnify yourself or disclaim liability completely, including for your own acts, omissions and negligence. So much so ...

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The CPA and Supplier Rights

From the Bench With Adv. Louis Nel. STANDARD TERMS AND CONDITIONS   – PART 1 – WHAT YOU’RE ENTITLED TO AND MUST DO It is amazing how many businesses seem to be under the impression that the only thing the ...

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The CPA and Supplier Rights

Sales and Marketing – The need for a new approach to consultant training PART 2 Product Knowledge and Transparency It should be noted that all the prohibited activities addressed by the CPA that I am about to discuss, are linked ...

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