Advocate Louis Nel presents the fourth of five inserts dealing with Duty of Care: The Tunisia Beach Shooting Inquiry & Indemnities. Nel discussses ensuring the traveller understands everything.
You have to bear in mind whether the CPA applies to you are not, simply getting the T&C & indemnity signed is NOT the end of the story – this presents a real challenge especially for online bookings! The key & onerous clauses in the T&C & indemnity must be discussed with, explained to & acknowledged by the traveller. My suggestion is the following steps and a third document:
Do what the airlines & car hire do: have a ‘tick box’ next to the clauses dealing with high/abnormal risk issues or aspects that have ‘traditionally’ given rise to queries in the industry e.g. passports, visas, non-refundable deposits, cancellation, airlines tickets, limitation of liability, ROE, etc*
Whether ticking it (online) or initialing it (face-to-face sale), it will strengthen your position materially when things ‘go wrong’
The ‘third document’ can be a synopsis of the above clauses* with an acknowledgement that it has been discussed and explained