Tips from Louis the Lawyer – What about the CGSO?

The CGSO was established in
early 2015 in terms of section
82 of the Consumer Protection
Act (CPA) 2008 (Act No. 68 of 2008).
It’s mandatory for all participants
(any entities operating within the
industry) to do the following:
Comply with provisions of the CGSO
Code of Conduct (‘the Code’)
Register with the CGSO as per the
procedures provided on the CGSO
website
Contribute towards the funding of
the CGSO
Establish an internal complaintshandling
process
Monitor complaints
Display the CGSO’s decal on the
travel agent/supplier’s trading
premises and a prescribed notice
on its website stating that the travel
agency/supplier is a participant to
the Code and bound to it
Ensure that an internal complaintshandling
procedure and a copy of
the Code and/or summary thereof
is available to any consumer upon
request
Ensure staff and agents have
adequate knowledge of the CPA,
any regulations issued, the Code
and internal complaints-handling
procedure. This means that training
on the CGSO and CPA is crucial and
must be ongoing
Keep records* of the complaints
received for three years. These
records must state whether the
Consumer was referred to the
CGSO for assistance in resolving
the complaint. The records
must also include details of the
complaint, such as the nature, time
involved, whether it was resolved
and if so, the remedy used to
resolve it
Such data* must to be used to
highlight recurring complaints, be
shared with management, staff
and industry
Behaviour to resolve complaints
and disputes must be in
accordance with the law, the spirit
and provisions of this Code and
the CPA. The reference to ‘the
spirit’ is important: For example,
agents must not exclude liability
for gross negligence in their T&C
and/or indemnity and hope no-one
will notice.
The CGSO will keep participants up
to date and educated on the Code
by distributing information brochures,
guidelines and guidance regarding
compliance via workshops and its
website.