scholarly journals The Implications of Consumer Protection Legislation for Hotels and Guests in South Africa

2017 ◽  
Vol 9 (2(J)) ◽  
pp. 33-45
Author(s):  
Raeesah Mohamed ◽  
Karunanidhi Reddy ◽  
P. M. Naidoo
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Race And Ethnicity ◽  
Standard Form ◽  
Business Practices ◽  
Open Market ◽  
Low Literacy ◽  
Ethical Business ◽  
Bargaining Position ◽  
Unfair Terms

During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.

scholarly journals The Implications of Consumer Protection Legislation for Hotels and Guests in South Africa

2017 ◽  
Vol 9 (2) ◽  
pp. 33
Author(s):  
Raeesah Mohamed ◽  
Karunanidhi Reddy ◽  
P. M. Naidoo
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Race And Ethnicity ◽  
Standard Form ◽  
Business Practices ◽  
Open Market ◽  
Low Literacy ◽  
Ethical Business ◽  
Bargaining Position ◽  
Unfair Terms

During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.

scholarly journals Parol evidence and the Consumer Protection Act 68 of 2008

2021 ◽  
Vol 24 ◽  
pp. 1-27
Author(s):  
Marianne Lombard
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Standard Form ◽  
Consumer Protection Act ◽  
The United Kingdom ◽  
Consumer Rights ◽  
Bargaining Position ◽  
Protection Legislation ◽  
Strict Enforcement ◽  
The Individual

The conflict between the objectives of the Consumer Protection Act 68 of 2008 – to protect consumers and ensure accessible and transparent redress – and the purpose of the parol evidence rule – to exclude extrinsic evidence and observe the maxim pact servanda sunt ‒ is evident and forms the basis of this article. The purpose of consumer protection legislation is to balance the rights of consumers and suppliers, to protect the interests of consumers and to ensure efficient redress for consumers who have been wronged. The parol evidence rule, which is still in effect in South Africa, prohibits extrinsic evidence in a dispute to interpret a written agreement between parties to ensure certainty on the terms and conditions agreed to in writing. In practice, the parol evidence rule can disadvantage consumers who enter into standard-form contracts, as they normally are in an inferior bargaining position and cannot negotiate the individual terms and conditions of consumer agreements. It is obvious that the strict enforcement of the parol evidence rule in consumer agreements could lead to unjust results in consumer disputes. The provisions of the Consumer Protection Act 68 of 2008 are discussed to establish the extent of the limitation of the parol evidence rule therein. Then, the Consumer Rights Act, 2015 in the United Kingdom is considered to establish the tendency to limit the application of the rule in foreign consumer legislation, and to compare that to the position in South Africa. This article discusses whether the restriction or limitation of the parol evidence rule in the Consumer Protection Act is efficient in reaching the aims and objectives of the Act.  

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.

scholarly journals Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

2017 ◽  
Vol 13 (3) ◽  
pp. 301
Author(s):  
Wenette Jacobs ◽  
Philip N Stoop ◽  
René Van Niekerk
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Common Law ◽  
Fair Value ◽  
Wide Field ◽  
Business Practices ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
The Common ◽  
The Government

South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.

Contract Law and the Challenges of Computer Technology

2016 ◽  
Author(s):  
Stephen Waddams
Keyword(s):  
Consumer Protection ◽  
Computer Technology ◽  
Standard Form ◽  
Digital Age ◽  
Contract Law ◽  
First Century ◽  
Computer Screen ◽  
Canadian Law ◽  
Unfair Terms ◽  
E Mail

Many aspects of contract law, developed before the age of computer technology, require re-evaluation in the twenty-first century. The following matters will be considered: the postal acceptance rule in the digital age; e-mail messages, in particular whether a name or initial typed in the message constitutes a 'signature' for all purposes, and whether the sender's name in the address does so; clicking on a box on a computer screen as manifestation of assent, and whether it satisfies express statutory or contractual requirements of 'signature'; sealed instruments in the computer age; use of a website as manifestation of assent ('browse-wrap' so-called); and, more generally, problems of standard form contracts, consumer protection, and unfair terms, exacerbated (I would argue), though not originated, by computer technology. Illustrations are drawn both from English and from Canadian law.

Business Environment in West Bengal: An Ethical Issue

Think India ◽  
2016 ◽  
Vol 19 (1) ◽  
pp. 35-41
Author(s):  
Sreekumar Ray
Keyword(s):  
West Bengal ◽  
Balance Sheet ◽  
Business Environment ◽  
Business Practices ◽  
Ethical Business ◽  
Industrial Growth ◽  
Long Run ◽  
Fixed Assets ◽  
Finance Company ◽  
Set Up

Ethics in Business are keywords in any business environment which are lacking in most of the cases. In a broad sense ethics means not to cheat others and to do the business in an honest way, to abide by the rules and regulations of the soil, and above all to keep the morale high so that the business can grow to a new height in long run. Unfair means and unethical business practices to earn money quickly are often fraught with the danger of losing the business permanently or losing the goodwill and respect of society. West Bengal has got bad reputation for industrial growth and fake chit funds and it has been named as ponzy capital of India by many as 72 out of 86 fake chit funds are in the state of West Bengal (as per the Report of Ministry of Corporate Affairs, Govt. of India). On the other hand the micro finance company Bandhan which has got Banking license last year (set up in 2001 in West Bengal) and Eins Edutech the company which was originally incorporated on March 9, 1983, as Ganpat Udyog in West Bengal are worth mentioning and at ease one can feel proud of them. As on 17th April, 2015 the latter company has got market capital of Rs.700 crore with its fixed assets, as per its balance sheet, as only two cell phones and one printer. As per monthly status of Bandhan in February 2015 it has 2,022 branches, 63,66,269 borrowers, 15,956 staff, loan disbursed for the month Rs.1,572 crores, and loan outstanding Rs.8,908 crores. Under such situation, this study focuses on the ethical business environment prevailing in West Bengal and the strategies adopted by them.

Consumer Awareness, Consumer Protection, Service Quality and Loyalty: The Case of Long-term Insurance Consumers in Namibia

2019 ◽  
Vol 118 (8) ◽  
pp. 172-189
Author(s):  
Magreth B Tjizumaue ◽  
Krishna Govender
Keyword(s):  
Service Quality ◽  
Consumer Protection ◽  
Structural Equation ◽  
Insurance Industry ◽  
Business Practices ◽  
Consumer Awareness ◽  
Growth And Survival ◽  
Term Insurance ◽  
Protection Legislation

Due to the absence of appropriate Consumer Protection legislation in Namibia, there seems to be a lack of consumer protection, which may result in consumers being exploited. Since the literature reveals that Consumer Awareness, Consumer Protection, Service Quality and Customer Satisfaction influence Customer Loyalty, the aforementioned relationship was explored among consumers of long-term insurance products in Namibia. The researcher embedded the study in the Services Marketing and User’s Satisfaction/Dissatisfaction theory and developed a framework for creating a more aware consumer and thus contribute to the growth and survival of the long-term insurance industry in Namibia.  A survey was conducted using a questionnaire, among a judgmental sample of 407 long-term insurance consumers in Namibia and Structural Equation Modelling was used to analyse (eight) hypothesized relationships among the research constructs alluded to in the title of this study. In summary, it was ascertained that if the customers are fully aware (have sufficient knowledge of the products and their consumer rights), they will feel protected against unfair business practices. Furthermore, if they perceive having received quality services, they are more likely to be satisfied with the service provider and will therefore, remain loyal.

CRITERIA FOR ASSESSING THE SUSTAINABLE DEVELOPMENT OF THE RUSSIAN PUBLIC CORPORATION DURING THE TRANSITION TO THE GREEN ECONOMY

2021 ◽  
Vol 2 (12) ◽  
pp. 90-94
Author(s):  
V. V. Rebrova ◽  
Keyword(s):  
Sustainable Development ◽  
Economic Benefits ◽  
Green Economy ◽  
Business Practices ◽  
Ethical Business ◽  
The Sustainable Development ◽  
Financial Condition ◽  
Public Corporations ◽  
Economic Entity ◽  
Public Corporation

The article gives the author's vision of the sustainable development of a public corporation based on the movement towards "green" growth. The results of the author's research aimed at establishing a link between the financial condition of Russian public corporations and ESG criteria are presented. This is a connection that necessitates the transition to a "green" economy at the level of an individual enterprise, not only for reasons of ethical business practices, but also because of the possibility of extracting financial and economic benefits. The article proves that the application of ESG practice leads an individual economic entity to economic and social prosperity.

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