Welcome back, folks. The next reason why you need T&C relates to liability. As opposed to that of third parties you deal with (insert #3), in this insert, I will address your own liability.
As you may be aware by now, T&Cs are crucial and one of the key reasons is the limitation of liability.
If you do not have T&Cs, your liability is not only unlimited, but you may be personally exposed!
A suitable clause in your T&C can limit your liability to causes as well as placing a monetary limit on it. Furthermore, contractual claims have a 3 (three) year ‘window’ period but in your T&C you can limit that, e.g. notice of a claim must be given within 30 days. One often (still!) see T&C excluding or limiting liability to gross negligence – the CPA has put a stop to that (Section 51).
Copyright Adv Louis Nel t/a louis-THE-lawyer
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 ad-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.
CONTACT – louis@louisthelawyer.co.za or 083 679 4556