Ad­ven­ture Tourism from a Le­gal Per­spec­tive - Part 9

Tourism Tattler - - EDITORIAL - By ‘Louis The Lawyer’

Sum­mary: Part 1 pro­vided def­i­ni­tions for the term Ad­ven­ture, while Part 2 looked at risk in terms of Na­tion­al­ity of Par­tic­i­pant, Ser­vice Providers, Book­ings, and Terms & Con­di­tions, and Part 3 cov­ered In­dem­nity and Re­quire­ments of the CPA. Part 4 ex­plained why sig­nage must go in hand with a sound in­dem­nity and waiver form, Part 5 dealt with Duty of Care in re­la­tion to Neg­li­gence, Omis­sion, and Re­la­tion­ship, and Part 6 con­cluded with Ac­cep­tance of Risk and In­sur­ance. Part 7 started the check­list for Risk Iden­ti­fi­ca­tion & Man­age­ment, and Part 8 con­tin­ued the check­list.

RISK IDEN­TI­FI­CA­TION & MAN­AGE­MENT CHECK­LIST FOR AD­VEN­TURE SPORT OP­ER­A­TORS (Conclusion) In­sur­ance

In­sur­ance is a cru­cial part of risk man­age­ment. Es­sen­tially there’s the op­er­a­tor’s own cover which may ap­ply to the busi­ness as­sets as well as par­tic­i­pants and then the par­tic­i­pants may well have ar­ranged in­sur­ance them­selves via the travel agent with whom they booked their trip. You need to as­cer­tain whether they (Par­tic­i­pants and SP) are in­sured and if they are you want to see copies of their poli­cies, as­cer­tain who they are in­sured by and that pre­mi­ums are (and will be kept) up to date. The na­ture of their cover could im­pact on yours but it is bet­ter to have your own cover (‘belt & braces’) than to ‘fall be­tween two stools’.

The med­i­cal as­pects and emer­gency evac­u­a­tion should be ad­dressed espe­cially where the ac­tiv­i­ties take place in re­mote lo­ca­tions.

The in­sur­ance as­pect should ex­tend to claims and complaints han­dling – The re­cently for­mu­lated and pub­lished Con­sumer Goods & Ser­vices Om­buds­man Code of Con­duct makes the lat­ter a pre­req­ui­site (More about this later).

Ser­vice Provider Terms & Con­di­tions

I men­tioned SP T&Cs in Part 8 – in each in­stance you need do to as­cer­tain whether the SP has T&Cs, ob­tain and pe­ruse a copy and also give it to your in­surer and lawyer. Com­pare them with yours and as­cer­tain how they are en­forced. When were they drafted and when last have they been re-as­sessed? How are the SP T&Cs en­forced: e.g. do pax sign them per­son­ally or does their (over­seas) book­ing agent sign it (on their be­half? NOT rec­om­mended!)? The same ap­plies to SP in­dem­ni­ties and one of the as­pects to ad­dress is the ex­tent to which the SP T&C & in­dem­nity cov­ers you.

Ul­ti­mately, once you have car­ried out the above se­ries of checks on your own busi­ness and the SP you use, en­ter into a de­tailed agree­ment with the SP.

I will ad­dress in next is­sues and in more de­tail the fol­low­ing: CPA re­gard­ing in­ter­me­di­aries and ab­so­lute li­a­bil­ity; The EC reg­u­la­tions and POPI, and the Con­sumer Goods and Ser­vices Om­buds­man Code of Con­duct.

To be con­tin­ued in Part 10 (April).

This se­ries of ar­ti­cles ex­plores the le­gal as­pects as­so­ci­ated with the risks of op­er­at­ing an ad­ven­ture tourism busi­ness, with spe­cific rel­e­vance to the le­gal frame­work ap­pli­ca­ble to South Africa. Im­age cour­tesy of Canopy Tours Disclaimer: This ar­ti­cle is in­tended to pro­vide a brief over­view of le­gal mat­ters per­tain­ing to the ad­ven­ture tourism in­dus­try and is not in­tended as le­gal ad­vice. © Adv Louis Nel, 'Louis The Lawyer', March 2017.

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.