scholarly journals EXEMPTION PROVISIONS AND THE CONSUMER PROTECTION ACT, 2008: SOME PRELIMINARY COMMENTS

Obiter ◽  
2014 ◽  
Author(s):  
Mark Tait ◽  
Stephen Newman
Keyword(s):  
Consumer Protection ◽  
Standard Form ◽  
Tourism Industry ◽  
Negative Consequences ◽  
Shopping Malls ◽  
Tourist Attractions ◽  
Consumer Law ◽  
Consumer Protection Act ◽  
Parking Garages ◽  
The Impact

Suppliers have found it most convenient to reduce their risk of liability by inserting a provision in their contracts with consumers – be it in a written and signed contract or in the form of a displayed notice – in terms of which suppliers are exempted from liabilities they would otherwise be obliged to accept. Exemption of liability provisions are often contained in standard-form contracts but also in notices displayed at public venues such as hotels, restaurants, shopping malls, parking garages, entertainment complexes, tourist attractions and even petrol-service stations. The same may probably be said of a host of other suppliers, including suppliers of tourism services. It is not surprising, therefore, that a significant factor in the development of consumer law in general can be “ascribed to legislative responses to business disclaimers of accountability for negative consequences attendant upon their dealings with consumers”.The Consumer Protection Act 68 of 2008 (CPA) introduced a number of provisions which impact on the use by suppliers of provisions that aim to exclude the liability of suppliers for harm to consumers caused through the negligence of the supplier. The CPA defines a supplier in section 1 as: “a person who markets any goods or services”. To market is defined as: “to promote or supply any goods or services”.This note seeks to provide a conceptual framework for the understanding and application of relevant provisions of the CPA to exemption provisions. The impact is considered within the context of the tourism industry in order to illustrate some of the practical consequences of the CPA on the use of exemption provisions. The note does not seek to question whether exemption provisions are contrary to public policy per se.

scholarly journals Judicial Guidance on the Application of Section 49 of the Consumer Protection Act, 2008 – Van Wyk t/a Skydive Mossel Bay v UPS SCS South Africa (Pty) Ltd [2020] 1 All SA 857 (WCC)

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 948-960
Author(s):  
Mark Tait
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Western Cape ◽  
Negative Consequences ◽  
High Court ◽  
Consumer Protection Act ◽  
Consumer Contracts ◽  
Number Of Publications ◽  
The Impact

In South Africa, the legislature’s response to the negative consequences resulting from the pervasive use of disclaimers by suppliers has been to regulate the use of these terms through the enactment of a number of provisions in the Consumer Protection Act 68 of 2008 (CPA), including sections 48, 49 and 51. A number of publications have considered the meaning of these provisions and the impact they may have on the use of disclaimers in consumer contracts. As a consequence of the widespread use of disclaimers and the adverse consequences they may hold for consumers, any judicial pronouncement on the impact of the CPA on these clauses is significant. In Van Wyk t/a Skydive Mossel Bay v UPS SCS South Africa ([2020] 1 All SA 857 (WCC) (Skydive v UPS)), the Western Cape High Court was afforded the opportunity to consider the impact of aspects of section 49 specifically on the use of a clause in a consumer agreement excluding the risk or liability of suppliers (referred to as an “exemption clause” in this note).Section 49 of the CPA applies to four distinct types of clause enumerated in section 49(1) – namely, clauses limiting the risk or liability of suppliers in respect of any other person; clauses constituting an assumption of risk or liability by the consumer; clauses imposing an obligation on the consumer to indemnify the supplier for any cause; and clauses requiring a consumer to acknowledge a particular fact. As indicated, in Skydive v UPS, the contentious clause was one excluding the risk or liability of the supplier. The focus of this note then is on the interpretation and application by the court in Skydive v UPS of the relevant provisions of section 49 of the CPA to an exemption clause.

The Impact of Economic Crisis on Tourism Industry: A Bangladesh Perspective

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Md. Ziaul Haque
Keyword(s):  
Economic Crisis ◽  
Tourism Industry ◽  
Political Crisis ◽  
Strong Impact ◽  
Negative Consequences ◽  
Policy Makers ◽  
Tourism Product ◽  
International Tourist ◽  
Sustained Recovery ◽  
The Impact

The tourism sector is experiencing numerous challenges as a result of the global economic crisis. After a significant contraction in 2009, tourism rebounded strongly  in  2010  and  in  2011  the  international  tourist  arrivals  and  receipts  are projected to increase substantially. The Tourism industry is expected to show a sustained recovery in 2012. The crisis has particularly strong impact and slightly negative consequences in Bangladesh. The country is undergoing a political crisis, as well, and it seems that the forthcoming elections may be the only solution for the restoration of stability and social peace.  In addition, tourism can be the driving force behind Bangladesh economic recovery. However, for its achievement the country’s policy makers should take several measures towards restructuring and improving the sector. These measures include: enhancement of alternative forms of tourism; environmental protection; creation of quality infrastructure; and boost of competitiveness through a tourism product that offers value for money

The Impact Of Economic Crisis On Tourism Industry: A Bangladesh Perspective

2015 ◽  
Vol 1 (1) ◽  
pp. 15
Author(s):  
Md. Ziaul Haque
Keyword(s):  
Economic Crisis ◽  
Tourism Industry ◽  
Political Crisis ◽  
Strong Impact ◽  
Negative Consequences ◽  
Policy Makers ◽  
Tourism Product ◽  
International Tourist ◽  
Sustained Recovery ◽  
The Impact

The tourism sector is experiencing numerous challenges as a result of the global economic crisis. After a significant contraction in 2009, tourism rebounded strongly  in  2010  and  in  2011  the  international  tourist  arrivals  and  receipts  are projected to increase substantially. The Tourism industry is expected to show a sustained recovery in 2012. The crisis has particularly strong impact and slightly negative consequences in Bangladesh. The country is undergoing a political crisis, as well, and it seems that the forthcoming elections may be the only solution for the restoration of stability and social peace.  In addition, tourism can be the driving force behind Bangladesh economic recovery. However, for its achievement the country’s policy makers should take several measures towards restructuring and improving the sector. These measures include: enhancement of alternative forms of tourism; environmental protection; creation of quality infrastructure; and boost of competitiveness through a tourism product that offers value for money

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.

scholarly journals New Clause in Bank Credit Agreement in Relation to Consumer Protection Act (Study on PT. Bank Negara Indonesia, Tbk. Denpasar Branch)

2021 ◽  
Vol 8 (1) ◽  
pp. 30-36
Author(s):  
Komang Yustika Dewi Suryaningsih ◽  
A.A.A. Ngr. Tini Rusmini Gorda
Keyword(s):  
Consumer Protection ◽  
Standard Form ◽  
Problem Formulation ◽  
Legal Issue ◽  
Consumer Protection Act ◽  
Legal Consequence ◽  
Protection Theory ◽  
Credit Agreement ◽  
Balancing Principle ◽  
Credit Contract

Credit agreement in standard form which is being made unilaterally by the bank until present is still becoming a special legal issue in agreement field of civil law. In addition, viewed from the side of the agreement it is also against consumer protection law as set in Consumer Protection Act. Problem formulation of is divided into namely regarding the existence of standard clause in bank agreement if associated with Article 18 of Consumer Protection Act and legal consequence of standard clause in credit agreement associated with consumer protection. This study aims to identify the presence of standard clause in banking agreement if related with Article 18 of Consumer Protection Act and legal consequence to the standard clause in credit contract is associated with consumer protection.  The research is a juridical empirical. The location is on PT. Bank Negara Indonesia in Denpasar city. The author is guided by laws and regulations related with public fact, that is first problem formulation is analyzed from balancing principle and next the second problem formulation is from consumer protection theory. The result shows that the implementation of the provision tends to protect the bank as businesses. Moreover, the legal consequence of Bank BNI’s credit contract which does not meet the provision will result in null and void.

scholarly journals THE CONSUMER PROTECTION ACT AND THE INNKEEPER’S LIABILITY FOR THE PROPERTY OF THE GUEST

Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Mark Tait
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Consumer Contract ◽  
Media Report ◽  
Advance Reservations ◽  
Consumer Protection Act ◽  
Bed And Breakfast ◽  
The Common ◽  
The Impact ◽  
The Relationship

Literally thousands of consumer agreements are concluded every day between innkeepers and their guests. For present purposes an innkeeper is understood to be a supplier of accommodation services and, in turn, implies the proprietor of an accommodation establishment, such as a hotel, lodge and bed and breakfast establishment. It is unfortunately not uncommon that property of some consumers of accommodation services are damaged or lost through theft or other causes whilst making use of these services. As an example may serve a media report where the Daily Dispatch reported on an incident stemming from an alleged theft by employees of the Kariega Game Reserve from guests at the Reserve. This perennial problem raises the issue as to the liability of the supplier for loss of or damage to the property of the consumer whilst the latter is making use of the accommodation services of the supplier. In the praetorian edict de nautius, cauponibus et stabulariis the common law provides a specific solution as to the liability of the supplier. The edict, which is a consequence of the contract for accommodation services between the supplier and the consumer of those services, imposes strict liability on the supplier for loss of, or damage to, the property of the consumer. This protection, however, is largely negated by the general practice of expressly excluding the liability imposed by the edict in the consumer agreement between the parties.The introduction of the Consumer Protection Act 68 of 2008 (CPA) saw a number of specific provisions impacting the relationship between consumer and supplier of accommodation services – such as provisions pertaining to equality (s 8 and 9); privacy (s 11 and 12); cancellation of advance reservations (s 17); and customer loyalty programmes (s 35), to name but a few.The CPA also has implications for the supplier of accommodation services when it comes to the supplier’s liability for the loss of, or damage to, the property of the consumer. This note focuses on two particular aspects. The first considers briefly the impact of the Act on clauses excluding the liability of the supplier for loss or damage to the consumer’s property. Provisions of the CPA regulating the use of clauses excluding liability may therefore have relevance for the praetorian edict, as the protection provided by the edict is excluded as a standard practice, as stated. The edict, because of the impact of the CPA, therefore may resume its relevance of earlier years.The second aspect pertains specifically to section 65(2) of the CPA. This provision imposes a duty on suppliers in general to account for the property of the consumer when such property is in possession of the supplier. As a matter of course guests bring property into the accommodation establishment of the innkeeper with which the consumer has contracted. If such property is lost or damaged (through no fault of the consumer) the question arises whether section 65(2) can find application. If it does, it can have significant consequences for both suppliers and consumers, but if not, then an understanding of the impact of the CPA on the use of clauses in a consumer contract excluding liability becomes even more important.

scholarly journals THE IMPACT OF COVID-19 PANDEMIC ON NATURAL TOURISM DESTINATIONS MANAGERS IN SAMIGALUH KULON PROGO DISTRICT AS A NATURE TOURISM AREA

2020 ◽  
Vol 3 (2) ◽  
pp. 160-168
Author(s):  
Enggrit Novialita Kelana Sari ◽  
Carrolus Prima Ferri Karma
Keyword(s):  
Qualitative Method ◽  
Tourism Industry ◽  
Open Door ◽  
Tourist Attractions ◽  
Nature Tourism ◽  
Tourism Destinations ◽  
Travel Industry ◽  
Tourism And Hospitality Industry ◽  
Tourism And Hospitality ◽  
The Impact

The ongoing coronavirus (COVID-19) flare-up as of late caused overall neurosis because of its lethal nature. The COVID-19 pandemic has a worldwide effect, even in Indonesia itself, where one of the sectors most affected is the tourism industry. One of them is in Samigaluh, which is a sub-region in the Kulon Progo Rule. This place has nearby potential, for example, common excellence that can be offered as a vacation spot and an open door for the encompassing network. This examination is to research the viewpoint of the supervisors of vacation destinations in Samigaluh to see the effect of their work career. This research uses a qualitative method. The exploration information was gathered from the supervisors of the travel industry attractions in Samigaluh, and ten inquiries were given to the chief. Thirty travel industry coordinator in Samigaluh partook in the survey. The results of this study indicate that the perspective of tourist attractions manager in Samigaluh as a whole sees the COVID-19 pandemic having a bad impact on the tourism industry in Samigaluh because job careers are threatened. Therefore, ensuring the safety of guests and staff have become a top concern of the tourism and hospitality industry stakeholders. At the same time, in order to restore business losses and to rebuild a favourable picture in the eyes of the customers, it is necessary that good marketing is undertaken and promotional campaigns, both locally and internationally.Keywords: COVID-19, Nature Tourism, Manager, Samigaluh

scholarly journals Legal Protection of Malaysia Umrah Pilgrims

2019 ◽  
Vol 8 (5C) ◽  
pp. 397-404
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Tourism Industry ◽  
High Demand ◽  
Consumer Protection Act ◽  
Raising Awareness ◽  
The Law ◽  
Regulations And Guidelines

The Umrah is an Islamic pilgrimage to holy cities of Makkah and Madinah and is performed by Muslims that can be undertaken at any time of the year. Umrah travel package is a common service used by consumer in Malaysia. The high demand for this service is contributed by better conditions of the economy in Malaysia so that raising awareness of Malaysian to perform Umrah and the number of registered Umrah pilgrims continued to increase annually. There are also many complaints reported in the Tribunal for Consumer Claims in relation to this service. The aim of the article is to analyse the extent to which the relevant laws protect the rights of Umrah consumers in Malaysia. Being qualitative in nature, this study collects relevant framework which include laws, regulations and guidelines which are related to Umrah services. The purpose is to analyse the adequacy of the existing consumer protection laws in protecting Umrah pilgrims. The result of the study indicated that in Malaysia, there is no self-standing law on Umrah pilgrims’ protection, though there are several laws which provide limited rights to pilgrims such as the law of contract, the law of tort, the Consumer Protection Act 1999 and the Tourism Industry Act 1992. The existing laws are inadequate to provide a comprehensive protection to the Umrah pilgrims. This article proves that there are many hindrances under the law of contract and the law of tort for Umrah pilgrims to seek for remedies. In addition, there exist lacunae and ambiguity in the statutory provisions under the Consumer Protection Act 1999 and Tourism Industry Act 1992 which need further amendments. This study proposes improvement to the existing laws so that it will be able to provide adequate protection to the Umrah pilgrims

scholarly journals Juridical Review The Implementation of Oral Agreement is associated with the Law of Treaties and Law Number 8 Year 1999 concerning Consumer Protection

2018 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Dian Eka Pusvita Azis ◽  
Nurhaedah Nurhaedah
Keyword(s):  
Consumer Protection ◽  
Social Life ◽  
Legal Protection ◽  
Civil Code ◽  
Legal Principles ◽  
Consumer Law ◽  
Consumer Protection Act ◽  
Legal Power ◽  
Material Sources ◽  
The Law

The covenant is one of the most common legal relationships in the community. The Covenant under Article 1313 of the Civil Code is an act by which a person or more binds himself to one or more persons. Unconsciously, oral agreements are often done in social life and often the parties who make the oral agreement deny the existence of the agreement. This research is descriptive normative juridical research. This study uses primary legal material sources consisting of laws and regulations bound by research. Sources of secondary legal materials in the form of materials or related materials and explain the problem, and the source of tertiary legal materials are materials that provide information about primary legal materials and secondary legal materials related to the research. Against the form of the exercise of the agreement in the oral form declared unilaterally by the party that offers the agreement inevitably the interested party in this case the second party is pressed with the interest of agreeing the contents of the agreement. Not to mention the possibilities that occur in the future that is wanprestasi with large losses so that the court to face, and what if the party who did the default is negligent, broken promise, do not acknowledge or deny having oral agreement Based on the background and problems that have been described above so it is necessary to examine the extent to which the legal protection of oral agreements, if one of the parties making the alleged infringement of the oral agreement is associated with the Law of Contract and the Consumer Protection Number Act. Based on this research it is concluded that the oral agreement is legal and has the legal power to declare a person to default, but if the oral agreement is denied / not recognized by the alleged defendant, the oral agreement has no legal power to declare a person to default, can be true and may not exist, depending on the proof of the parties. but verbal agreements that have been denied / unrecognized may regain their legal power if it can be proven that the oral agreement actually exists or has been made.Based on Law No. 8 Consumer Protection Consumer law is defined as the whole legal principles and rules governing relationships and problems between various parties or each other in relation to goods and / or services within the association of life. Based on Article 163 HIR and Article 1865 of the Civil Code, any party that argues for a right, then the party must prove it. So if the consumer demands his right to the business actor that harms him, then the consumer must prove. However, in Law Number 8 Year 1999 concerning Consumer Protection Article 22 and Article 28, the evidentiary obligation is "reversed" (reversed proof) to be the full responsibility and responsibility of the business actor. So the provisions on responsibility and redress in the Consumer Protection Act are lex specialists against the general provisions contained in the Civil Code.

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