Tips from louis the lawyer- beware the exceptions

AS WE’VE discussed
in the first
two parts of this
series, even though the
common law is ‘alive and
well’, travel suppliers
need to be aware that
they have increased
responsibility when it
comes to senior citizens,
illiterate and infrequent
travellers.
When it comes
to possible double
meanings contained in
documents that govern
the relationship between
the consumer and the
supplier, Section 4 of the
CPA directs the Court to
‘prefer’ the meaning that
will benefit the consumer.
This must be kept in mind
when you, as a travel
supplier, are drafting
documents and engaging
in the sales process.
What’s more, the
Court must interpret any
restrictions, limitations
or exclusions of the
consumer’s rights
contained in these
documents to the benefit
of the consumer, ensuring
these restrictions are
limited to the point that
a reasonable person
would ordinarily expect.
This must be taken into
consideration with regard
to the content of the
document, the manner
in which it was prepared
and presented as well as
the circumstances of the
transaction or agreement.
What to do
Be extremely cautious
when dealing with senior
travellers, first-time
travellers and those who
have travelled but are
not well versed in travel
or have challenges such
as illiteracy.
Review all the
documents you use
and take special care
to ensure they don’t
contain ambiguities or
contradictions. Ensure
that clauses such
as indemnities and
limitation of liability or
restriction of consumer
rights are carefully
worded and explained to
the traveller.
Get the traveller to
acknowledge the
explanatory discussion
and issues addressed
by signing or at least
initialling the relevant
clauses or travel
guidelines.