scholarly journals EQUALITY, THE CONSUMER PROTECTION ACT AND CUSTOMER-SEGMENT PRICING STRATEGIES: IS THERE RELIEF FOR THE POOR RICH TOURIST?

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Mark Tait ◽  
Madéle Tait
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
National Park ◽  
Negative Impact ◽  
Tourism Industry ◽  
Pricing Strategies ◽  
Price Differentiation ◽  
Consumer Protection Act ◽  
Customer Segment ◽  
The Republic

The year 2010 is Soccer World Cup year in South Africa. From watching the press and other media it quickly becomes apparent that this event is perceived as something of a cash cow to be used (and sometimes even abused) to generate maximum profit for certain industries and its businesses. Complaints have been made about airlines and accommodation establishments hiking prices excessively. The tourism industry has been warned about the negative impact such exorbitant prices may have on tourism in the future as South Africa may no longer be considered as a value-for-money destination. The hiking of prices is based on an anticipated increase in demand for certain services and products caused by the expected influx of soccer tourists. Businesses world-wide employ different pricing strategies to try and optimize revenue. One such pricing strategy that is employed is to differentiate between citizens and foreign nationals when charging for a service or product. This strategy in the context of the tourism industry is the focus of this note. Whilst the tourist is visiting South Africa s/he may want to visit some attractions and it is often at these places that an interestingsituation can be observed. International tourists have to pay one price whereas citizens pay a reduced price. For instance, a visit to the website of the Addo Elephant National Park reveals that SANParks asks different prices – for South African citizens and residents R30 per day visit, SADC nationals R60 per day visit, and foreign visitors R130 per day visit to the Addo Elephant National Park. Similar price differentiation is employed by private businesses as well. Other jurisdictions in Africa also make use of similar customer-segment pricing strategies. The Ugandan Wildlife Authority differentiates between admission fees for foreign non-residents and East-Africans to protected areas such as Lake Mburo and the Semuliki National Park. The Consumer Protection Act 68 of 2008 (hereinafter “the CPA”), once operational, will prohibit the charging of different prices for any goods or services to any persons or category of persons on the basis of one or more of the grounds of unfair discrimination contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution) or Chapter 2 of the Promotion of Equality and the Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter “the Equality Act”), amongst others. Does this mean that suppliers of services and products to tourists who differentiate in the prices asked between citizens and non-citizens will fall foul of this provision of the CPA? This is the question this note will endeavour to answer.

Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective

2021 ◽  
Vol 29 (1) ◽  
pp. 117-137
Author(s):  
Yeukai Mupangavanhu
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
The European Union ◽  
Time Sharing ◽  
Related Services ◽  
Consumer Protection Act ◽  
Statutory Protection ◽  
Unfair Terms ◽  
High Level

Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.

The importance of the Kruger National Park For bird conservation in the Republic of South Africa

Koedoe ◽  
1980 ◽  
Vol 23 (1) ◽  
Author(s):  
A. C Kemp
Keyword(s):  
South Africa ◽  
National Park ◽  
Kruger National Park ◽  
Tropical Species ◽  
Conservation Priorities ◽  
Bird Conservation ◽  
The Republic ◽  
Wetland Habitats

One hundred and two species of birds that are thought to be vulnerable in South Africa have been reported from or are likely to occur within the Kruger National Park. These species are considered in relation to their distribution and status in South Africa and the neigbouring countries. The following are suggested as conservation priorities for birds in the Park: 1. Re-establish the extinct Yellow-billed Oxpecker. 2. Investigate the suite of large carnivorous and scavenging birds that have declined over much of their range elsewhere in South Africa. 3. Investigate the species associated with riparian and wetland habitats in the Park. 4. Investigate the tropical species that are confined to the Park within South Africa.

scholarly journals KLAUSULA EKSONERASI DALAM PERJANJIAN KREDIT ANTARA PT. MANDIRI PERSERO (TBK) SEMARANG DENGAN WIBOWO S.E. DAN SITI AISYAH (Studi Kasus Putusan No. 8 K/Pdt/2013)

2019 ◽  
Vol 1 (2) ◽  
pp. 595
Author(s):  
Hellen Rumiris ◽  
Stanislaus Atalim
Keyword(s):  
Consumer Protection ◽  
Risk Sharing ◽  
The Other ◽  
Bank Credit ◽  
Standard Contract ◽  
Consumer Protection Act ◽  
The Republic ◽  
The Government ◽  
Credit Agreement ◽  
Banking Credit

Granting credit by the bank to the society greatly helps to develop a business that is run by community both individuals and legal entities. The government of the Republic of Indonesia has intructed banking to provide credit facilities especially for the middle and lower businesses. Banking credit agreement is a standard contract made by the bank by almost not giving freedom at all to the other parties to do negotiation for the requirements offered. This type of research using a normative juridicial research. This research aims to analyze the exoneration clauses in a credit agreement between PT. Bank Mandiri Persero (Tbk) Semarang with Wibowo, S.E. and Siti Aisyah. The bank credit agreement is the legal agreement to the Article 1320 of Indonesian Civil Code. However, the exoneration clauses listed on it contradicts some basis in the law agreement and also violates the provisions of Article 18 of The Consumer Protection Act. Clauses in a credit agreement are made to regulate the rights and the obligatons of the parties so that reasonable risk sharing occures between the bank and the customer. In fact, exoneration clauses are often abused by businessman attempting to diminish, divert and even refuse responsibility. The result of this research concludes that: First, the Government must provide more limits on the using of exoneration clauses through revision of The Consumer Protection Act. Second, PT. Bank Mandiri (Tbk) Semarang must be more meticulous and careful to determine contents of credit agreement.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals First records of five species of Insectivorous Bats from the Kruger National Park

Koedoe ◽  
1985 ◽  
Vol 28 (1) ◽  
Author(s):  
I.L. Rautenbach ◽  
M.B. Fenton ◽  
L.E.O. Braack
Keyword(s):  
South Africa ◽  
Species Richness ◽  
New Record ◽  
National Park ◽  
Kruger National Park ◽  
Insectivorous Bats ◽  
The Republic ◽  
First Time

Five species of insectivorous bats are reported for the first time from the Kruger National Park. One of these, Pipistrellus anchietai, represents a new record for the southern African Subregion, and two species, Laephotis botswanae and Nycteris woodi are recorded for the first time for the Republic of South Africa. The remaining two species, Eptesicus melckorum and Tadarida ansorgei are first records of ' occurrence for the Transvaal. The species richness of the bat fauna of the Kruger National Park, and particularly of the Pafuri area, is reviewed.

scholarly journals The conservation role of forestry in South Africa

Koedoe ◽  
1977 ◽  
Vol 20 (2) ◽  
Author(s):  
D.P. Ackerman
Keyword(s):  
United States ◽  
South Africa ◽  
National Park ◽  
Future Generations ◽  
The World ◽  
The Republic

In September 1965, at the signing ceremony of a National Park Bill, United States President Johnson remarked: "We are living in the Century of Change. But if future generations are to remember us more with gratitude than with sorrow, we must achieve more than just the miracles of technology. We must also leave them a glimpse of the world as God really made it, not just as it looked when we got through with it." In the same spirit, forestry in the Republic of South Africa (RSA) shares the responsibility of conserving and restoring as far as possible the environment in which we and succeeding generations must live.

scholarly journals Proposed conservation plan for the black rhinoceros Diceros bicomis in South Africa, the TBVC* states and Namibia

Koedoe ◽  
1989 ◽  
Vol 32 (2) ◽  
Author(s):  
P.M. Brooks
Keyword(s):  
South Africa ◽  
National Park ◽  
Captive Breeding ◽  
Kruger National Park ◽  
Management Guidelines ◽  
Black Rhinoceros ◽  
African Black ◽  
Conservation Plan ◽  
Conservation Authorities ◽  
The Republic

Selected Papers from the Rhinoceros Conservation Workshop, Skukuza, Kruger National Park,31 August – 4 September 1988 The conservation plan for the black rhinoceros presents specific aims and management guidelines for the conservation of the African black rhinoceros Diceros bicomis in the Republic of South Africa, the TBVC states and Namibia. The adoption of this plan, and the application of the strategies described therein (managing existing populations, establishing new populations and aspects of captive breeding) by the relevant conservation authorities should enhance the survival prospects of this species, both in the region and globally.

scholarly journals The brush-tailed gerbille gerbillurus vallinus in the Kalahari Gemsbok National Park

Koedoe ◽  
1977 ◽  
Vol 20 (1) ◽  
Author(s):  
D.A. Schlitter ◽  
I.L. Rautenbach
Keyword(s):  
South Africa ◽  
National Parks ◽  
Small Mammals ◽  
Southern Africa ◽  
National Park ◽  
The Other ◽  
Desert Rodent ◽  
Important Study ◽  
The Republic ◽  
Owl Pellets

As with many of the other national parks in the Republic of South Africa, an effort has been made to determine the species of small mammals in the Kalahari Gemsbok National Park (KGNP) (Rautenbach 1971; Rautenbach and Nel 1975). An additional feature of such species inventories has been the use of owl pellets to determine the occurrence of small mammals in a given area. This has been done in the KGNP as well as other parts of southern Africa (Davis 1958; Nel and Nolte 1965; Nel 1969; Vernon 1972; Coetzee 1972). Such inventories of species of small mammals are critical as the KGNP has become an important study site for desert rodent ecology (Nel 1967; Nel and Rautenbach 1974; Nel 1975; Nel and Rautenbach 1975).

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals PRICING POLICY IN TOURISM AS ONE OF THE FACTORS IN FORMING IMAGE OF DESTINATION

2017 ◽  
Vol 11 (3) ◽  
pp. 14-26
Author(s):  
Валентина Ячменева ◽  
Valentina Yachmeneva ◽  
Наталья Фокина ◽  
Natalya Fokina
Keyword(s):  
Negative Impact ◽  
Price Policy ◽  
Tourism Industry ◽  
Pricing Policy ◽  
Factors Influencing ◽  
Tourism Product ◽  
The Republic ◽  
Tourist Center ◽  
Tourist Service

There are several challenges on way to the forming modern international tourist center on the territory of Crimea meeting the criteria of a year-round, demand and competitiveness. The harmonization of tourism product’s prices and its quality is the main among them. Existing currently unbalanced price policy of tourist service enterprises in the territory of the peninsula could have a negative impact on the region’s image and lead to the loss of competitive position in the market of tourist services. This explains the relevance of this study and its purpose. The research aimed at evaluating the experience of successful development of tourism in foreign destinations and analyzing the factors influencing the pricing policy of tourist service enterprises in the Crimean destinations. To achieve the objectives of the study the authors analyze the approaches to the definition of "destination" and "image". There are a variety of definitions of these terms, but they are all focused on a consumer’s comprehensive perception of tourism product. The distinctive features of main consumer of tourist services in Crimea are established. The reasons for the success of tourism in the destinations in Turkey and Egypt are analyzed. The authors have revealed that the government's efforts to support enterprises in Crimean tourism industry create preconditions for improving the quality of tourism products and the introduction of pricing policies aimed at reducing prices. The article provides an analysis of the factors influencing the pricing policy of tourist service enterprises in Crimean destinations through the method of PEST-analysis. The authors concluded that the current pricing policy of the majority of tourist service companies on the territory of the Republic of Crimea, is apart from the pricing policy of its nearest competitors, does not meet the quality of service and, therefore, does not meet the expectations of the consumers.

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