Tips from Louis the Lawyer – CPA

WHEN considering your rights as
a service provider you need to
understand what the Consumer
Protection Act (CPA) says about
responsible consumer behaviour as
it relates to non-refundable deposits
and cancellation fees.
The CPA stresses that consumers
cannot act recklessly and without
proper regard for the common law
principles discussed in my first
column on the CPA (see TNW,
May 4), entering into transactions
under the impression that the
CPA will come to their rescue. It
says that if the consumer fails to
behave responsibly in their choice
and behaviour, the common law will
prevail (section 3).
According to Section 3 (1)(b)
suppliers do, however, need to take
care when dealing with consumers
who fall under the following
categories:
Consumers who earn a low income
or who come from low-income
communities;
Consumers who live in remote,
isolated areas or areas with a lowdensity
population;
Seniors or other similarly
vulnerable consumers;
Consumers whose ability to
read and understand any
advertisement, agreement, mark,
instruction, label, warning, notice
or other visual representation is
limited because of low literacy,
vision impairment or limited
fluency in the language in which
the communication is produced.
What to do?
Be aware of your rights as a
supplier according to the CPA.
Know your traveller. For example:
have they travelled before to that
destination? Are they participating
in activities or renting a car? Are
they seniors, earning a low income
or possibly illiterate with special
needs or language barriers?
Walk the traveller through the
relevant travel documents and
travel experience.
Slow down – don’t rush the sale!
Make sure the traveller
acknowledges that you have
walked them through the above
processes by signing or at least
initialling the relevant clauses or
travel guidelines.