Louis-THE-lawyer

05/02/2025

Motorists are urged to remain on high alert as spiking attacks on Pretoria's main roads have increased.

06/12/2024

Shocking travesty given the astronomic accommodation costs - how much of that is shared with the animals? Not much it seems

The NSPCA’s Wildlife Protection Unit is horrified at the situation playing out at the Madikwe Game Reserve situated in the North-West, bordering Botswana. Flaunting themselves as the “fifth largest game reserve in South Africa” and “one of the best conservation areas in Africa”, the scores...

07/07/2024

Baobab is the world's thickest trunk! Its hollow stem measures more than 20 meters in diameter and can store up to 120,000 litres of water. Its size is so impressive that some baobabs are used as housing, sheds or animal shelters, but sadly the species is endangered.

It is estimated that they can live up to two thousand years, calculated by their diameter. Its scientific name is Adansônia Digitata, but they are also known as baobabs, baobabs or calabeiras.

The tree is truly powerful: it houses hundreds of animals, birds and insects in its huge trunks. Its flowers measure up to 20 cm long and bloom overnight, but they contain nectar and fruits that serve as food for tribes and animals in diset, as well as have indications for their use to treat malaria.

A special oil is extracted from the sap of this tree; from its trunk, the indigenous of Madagascar build canoes (kind of long canoe); and its cork has a medicinal compound to fight epilepsy. Not surprisingly, in Africa, baobabs represent life: they're symbols of fertility, abundance and healing.

26/10/2021

Having been cooped up at home due to Covid we decided to take a short week-end break via timeshare in the Northwest Province. Well given the lack of vehicular travel I've lost track of the ABSOLUTELY abominable condition not only of our roads but traffic lights out of order & SHOCKING driver behaviour! A distance of 105km took us 2 hours! As we (other than the blind ANC hangers on) all know, the ANC was handed a golden goose & has systematically destroyed it. Then you're scarcely home when more incessant power outages are announced & at the most absurd times of the day ... It has sadly become more and more challenging to remain positive and not despair for this lovely country!

14/02/2021

BUSINESS TIPS
Overseas travel directories have appeared ‘on the scene’ once again: The ones I’ve had exposure to are ‘The Hotel Guide’ and ‘The Tourist Directory’ both published by Nova Channel (Switzerland) and ‘The Exhibitors Directory for Fairs & Exhibitions’ (a.k.a. ‘Fair guide’ – ‘sic!) published by Construct Data Verlag (Austria) DO NOT sign anything until you’ve read it & warn ALL your staff. It is promoted quite innocuously as a purported update of your information but once you’ve signed it the fine print ‘ties you into inextricable knots’ & you are exposed and contractually bound to dig deep into your pocket – BE WARNED!

The approach I have taken with all these publications and the lawyers (overseas) that they’ve instructed is that there is no bonding contract based on a combination of the following (Depending on the facts of each case):

• There has been misrepresentation, whether intentional or otherwise
• The ‘photograph’ or material mentioned was never supplied by the client and/or did not appear in the publication
• The document is poorly drafted poorly drafted contract will be interpreted against the drafting party i.e. the publisher (the 'contra proforentem' rule)
• It cannot be argued that the affixing of an unauthorised signature or even payment of one instalment validates an otherwise non-binding contract
• The argument that the person signing by implication accepted and is deemed to have read the terms and conditions including the reference to cooling off period is to allude to the so-called risk of the signatory (i.e. that the caveat subscriptor principle applies). This principle has recently been revisited by the South African courts. Their attitude is that it will not apply where particularly onerous provisions are hidden in small print

© ADV LOUIS NEL
Louis-THE-lawyer
January 07 2021

DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances
LEGAL ADVICE CLUB ('LAC') - You can obtain specialized tourism advice from Louis (39 years in tourism) on an hoc basis via the COVID SPECIALS for SATSA, FEDHASA, ST&BA & TRAVELPEOPLE members (1) 10 minutes of pro bono (Free) advice via a phone call or e-mail and/or (2) by joining his LAC for which the joining fee & hourly rates have been reduced by 30% AND you can pay the joining fee over 3 (three) months! The fee for the 1st hour(per month) is now only R500, 00

27/10/2020

INSERT #11 OCTOBER 27 [237]

Welcome back folks - the next reason you should have comprehensive T&C is to try and 'avoid' litigation by the parties agreeing to pursue different forms of what is collectively referred to as 'alternative dispute resolution' ('ADR')

The following principles should be applied whichever ADR option you apply i.e. have and manage tight deadlines - record proceedings in writing and check both parties agree on content of minutes - if agreement is reached, reduce to writing and get duly authorised representative of each party to sign.

Here are the options:
(1) Negotiation: this would simply be a commercial discussion between the parties and can be if required without prejudice and off the record. It is part of the brand management I'm always on about
(2) Facilitation: this would require a third unbiased mutually agreed upon third party to 'guide' the meeting and keep everyone 'cool, calm and collected'
(3) Mediation: this is slightly more formal but the same principles apply and the aim is again for a 'quick and practical' solution.
(4) Arbitration: this is formal and prescribed, agreed upon rules will apply e.g. the SA Arbitration Foundation. Please be aware of the misconception that this is cheap as it is not.

Benefits of all of the above options (over litigation) is that (Other than arbitration) it is much cheaper - quicker - less or no 'red tape' - it can be completely off the record/confidential

More about passports, visas, health & insurance next time

Copyright Adv Louis Nel t/a louis-THE-lawyer
July 16 2020
DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances
LEGAL ADVICE CLUB ('LAC') - You can obtain specialized tourism advice from Louis (38 years in tourism) on an hoc basis via the COVID SPECIALS for SATSA members (1) 10 minutes of pro bono (Free) advice via a phone call or e-mail and/or (2) by joining his LAC for which the joining fee & hourly rates have been reduced by 30% AND you can pay the joining fee over 3 (three) months! The fee for the 1st hour is now only R500, 00

13/10/2020

INSERT #10 OCTOBER 13 2020 [175]

Welcome back folks - the next reason you should have comprehensive T&C is interest - If I want to add a claim for interest to my main claim, what rate will apply and for what period?
The Prescribed Rate of Interest Act determines that figure which is currently 10% (Ten percent). If your claim arose in 2015, the court will apply the rate which was in force at the commencement of the action e.g. 2020, not the varied rates over the period (which is amended from time to time). The interest will start running from the date summons is served or the date upon which a letter of demand is served on the party in breach. However BOTH of these can be changed to the benefit of the plaintiff in its T&C: (1) The T&C can specify a much higher rate and (2) can also indicate that interest will run from the date of default i.e. the date the contract was breached which may be long before summons or a letter of demand is served.

More about alternative dispute resolution next time

Copyright Adv Louis Nel t/a louis-THE-lawyer
July 16 2020

DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances

LEGAL ADVICE CLUB ('LAC') - You can obtain specialized tourism advice from Louis (38 years in tourism) on an hoc basis via the
COVID SPECIALS for SATSA members (1) 10 minutes of pro bono (Free) advice via a phone call or e-mail and/or (2) by joining his LAC for which the joining fee & hourly rates have been reduced by 30% AND you can pay the joining fee over 3 (three) months! The fee for the 1st hour is now only R500, 00

24/09/2020

INSERT #8 SEPTEMBER 24 2020 [133]

Welcome back folks. The next reason why you need T&C relates to the applicable law.

If you want to sue or are sued, it has to be determined which law applies regardless of where the litigation will take place. So you could have a court case in Cape Town but the laws of the United States of America ('USA') may be applicable. This may occur where you have not specified in your T&C which law applies. The court will then look at e.g. where the contract was signed. Even if the USA law applied is not that bad, the legal costs will escalate as you will now have to find lawyers who are familiar with the USA law! So it is clearly beneficial to specify in your T&C that South African law applies

More about the domicilium next time.

Copyright Adv Louis Nel t/a louis-THE-lawyer
July 16 2020
DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances
LEGAL ADVICE CLUB ('LAC') - You can obtain specialized tourism advice from Louis (38 years in tourism) on an hoc basis via the COVID SPECIALS for SATSA members (1) 10 minutes of pro bono (Free) advice via a phone call or e-mail and/or (2) by joining his LAC for which the joining fee & hourly rates have been reduced by 30% AND you can pay the joining fee over 3 (three) months! The fee for the 1st hour is now only R500, 00

24/08/2020

INSERT #3 AUGUST 24 2020
Welcome back folks. The next reason why you need T&C relates to liability.
Often you as a business may arrange for services to be provided or products to be supplied by a third party ('TP'). This means you are actually the 'go between' and the contract for the service or product is between the client and the TP. The key issue you need to be aware of here is that in most cases the TP will submit before (in the quote or estimate) or with the delivery (in the delivery note or invoice) of the service or product T&C that govern the relationship between the TP and the client. It is crucial that you in YOUR T&C point this out to the client and stress that the relationship between the client and TP are governed by the TP T&C and that you cannot be liable for the failure to perform by the TP. Likewise the TP must indemnify you against any claim by the client.
Copyright Adv Louis Nel t/a louis-THE-lawyer
July 16 2020
DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances
LEGAL ADVICE CLUB ('LAC') - You can obtain specialized tourism advice from Louis (38 years in tourism) on an hoc basis via the COVID SPECIALS for SATSA members (1) 10 minutes of pro bono (Free) advice via a phone call or e-mail and/or (2) by joining his LAC for which the joining fee & hourly rates have been reduced by 30% AND you can pay the joining fee over 3 (three) months! The fee for the 1st hour is now only R500, 00