Court ruling sends warning to tour operators

A COURT ruling last week which found a guest lodge liable after a tourist fell off a horse, has sent a strong message to the travel industry: a person cannot indemnify themself against negligence. Des Langkilde of Safari and Tourism Insurance Brokers (Satib), says that an indemnity form can only go so far. “Essentially someone can’t indemnify themselves from negligence. In court it will get thrown out,” as was the case last week. Langkilde adds that an indemnity form, while important and necessary, aims to sign away a person’s basic legal rights and the courts won’t do that. This is why Langkilde underscores the value of being insured, in order to cover any possible litigation relating to negligence liability. The negligence needs to be proved, of course, but even if it isn’t, a tour operator can still be dragged through a lengthy and costly court case; a case that they most often are unable to afford. Langkilde’s advice to tour operators: Make your guests sign an indemnity form and ensure it is as tight as possible. An indemnity form, however, does not “escape the need for insurance,” he concludes. (Darren Sandras)