Consumer Protection

1. Applicability

And Beyond South Africa Travel (Pty) Ltd (“And Beyond”) is a privately held company incorporated in and subject to the laws of the Republic of South Africa (RSA). And Beyond conducts its business as a lodge and travel / tour operator and owns / manages luxury safari lodges in Southern and East Africa, as well as South East Asia. Consumer protection rights are enshrined in the Constitution of South Africa 1996, the Consumer Protection Act, 68 of 2008 (“the Act”‘) and Chapter VII of the Electronic Communications and Transactions Act 25 of 2002.

2. Purpose

And Beyond is committed to ensuring the protection of the rights of its customers / guests as consumers as contemplated in terms of South African law. The purpose of this notice is to inform visitors to our website (www.andbeyond.com) of their rights as a consumer, as well as the manner in which And Beyond will treat them as consumers.

3. The Act

The following summary of the Act has been reproduced from the website of the Department of Trade and Industry, the Republic of South Africa, which website can be accessed at www.thedti.gov.za. Please note that the summary must be read in conjunction with the relevant Regulations of the Act.

4. Objectives of the Act

The Act aims to:
Promote a fair, accessible and sustainable marketplace for consumer products and services;
Establish national norms and standards to ensure consumer protection;
Make provision for improved standards of consumer information, to prohibit certain unfair marketing and business practices;
Promote responsible consumer behaviour;
Promote a consistent legislative and enforcement framework, related to consumer transactions and agreements;
Establish a National Consumer Commission

5. Who may lodge complaints?

An individual;
An authorised person acting on behalf of another;
A person acting as a member or in the interest of an affected group or class; or
A person acting in the public interest

6. The Act applies to the following

Every transaction occurring within the RSA
Promotion or supply of any goods and services occurring within the RSA; and
Goods or services that are supplied or performed, in the RSA, in terms of transactions mentioned in the Act

7. The Act is not applicable in respect of

Goods or services promoted or supplied to the state;
Industry-wide exemption being granted to regulatory authorities;
Credit agreements, in terms of the National Credit Act, but not goods or services;
Services under employment contracts;
Agreements giving effect to collective bargaining agreements; and
Agreements giving effect to bargaining agreements

8. Who is a Consumer?

Consumers are persons to whom goods or services are marketed, who have entered into transactions with suppliers, users of particular goods or recipients/beneficiaries of services

9. What are Consumer Rights?

Right to Equality in the Consumer Market and Protection Against Discriminatory Marketing Practices;
Right to Privacy;
Right to Choose;
Right to Disclosure of Information;
Right to Fair and Responsible Marketing;
Right to Fair and Honest Dealing;
Right to Fair, Just and Reasonable Terms and Conditions;
Right to Fair Value, Good Quality and Safety; and
Right to Accountability by Suppliers.

10. Fundamental Consumer Rights

1. Right to equality in the consumer market and protection against discriminatory marketing practices

A consumer has the right to the following:
Not to be unfairly discriminated against in access to goods or services:
High quality goods and services
Fair pricing of goods and services

2. Right to privacy

A consumer has the right to:
Restrict unwanted direct marketing: this includes unwanted or unsolicited correspondence, SMSs, telephone calls, letters or spam emails, and to decline participation in marketing surveys
Discontinue the receipt of direct marketing at any time
The right only to be contacted during the times stipulated in the Act and Regulations.

3. Right to choose

A consumer has the right to:
Not to be obligated to buy additional products or services from a supplier or designated third party unless the supplier can show the economic or convenience benefit; or the goods and services are offered separately and the price is disclosed.
Cancel or renew a fixed term agreement provided they request the cancellation in writing.
Request pre-authorisation for repairs or maintenance services.
Cancel contracts which arose as a result of direct marketing, within the cooling off period (this is generally five business days).
Cancel advanced reservations, bookings or orders where the supplier may request advance deposit for such booking and charge a reasonable charge for the cancellation of such advanced reservations, bookings or orders.
Choose or examine goods, even after purchase and delivery.
Return goods and seek redress for unsatisfactory services.
Retain and not pay for unsolicited services, subject to certain provisions in the Act.

4. Right to disclosure of information

A consumer has the right to:
Information in plain and understandable language.
Disclosure of prices of goods and services.
Product labelling and trade description.
Informed if goods are reconditioned or grey.
Be provided with sales record for each transaction setting out the information prescribed by the Act.
Disclosure by intermediaries.
Ask for identification of deliverers, installers or other related parties.

5: Right to fair and responsible marketing

As a consumer you have the right to:
Protection against bait marketing, which is now prohibited.
Protection against negative option marketing, which is now prohibited.
Protection against unwanted direct marketing.
Protection in catalogue marketing.
Protection in customer loyalty programmes.

6: Right to fair and honest dealings

A consumer has the right to:
Protection against unconscionable conduct.
Protection against false, misleading or deceptive representations.
Protection against fraudulent schemes and offers.
Protection against pyramid and related schemes.
Assume that suppliers are entitled to sell goods.
Open and honest auctioneering practices.
Fair substitution and changing of goods.
Protection against over-selling and over-booking.

7: Right to fair, just and reasonable terms and conditions

As a consumer you have the right to:
Protection against unfair, unreasonable or unjust contract terms.
Obtain notice for certain terms and conditions.
Obtain free copies of agreements/contracts.
Refuse prohibited transactions, agreements, terms or conditions.
Approach the court to ensure fair and just conduct and terms and conditions.

8. Right to fair value, good quality and safety

A consumer has the right to:
Demand quality service.
Safe, good quality goods.
Implied warranty of quality.
Warranty on repaired goods.
Receive warnings on the fact and nature of risks.
Recovery and safe disposal of designated products or components.
Products monitored for safety or recalled.
Claim damages for injuries caused by unsafe or defective goods.

9: Right to accountability from suppliers

A consumer has the right to:
Protection in lay-bye agreements.
Protection with regard to prepaid certificates, credits and vouchers, and access to prepaid services and service facilities. An example is that prepaid cards have to be valid for three years after issue.

11. Where to complain

The Act aims to promote consumer activism, by making provision for the accreditation of consumer groups tasked with lodging complaints on behalf of consumers, as well as making available support for activities, such as consumer advice, education, publications, research and alternative dispute resolution through mediation or conciliation.
As such, the Act gives rise to the establishment of the National Consumer Commission, a body assigned to investigate consumer complaints, as well as the National Consumer Tribunal, the latter of which was created by the National Credit Act in September 2006, and is responsible for the adjudication of violations and transgressions of the National Credit Act and the Consumer Protection Act.
Consumer Help Line, via

The Department of Trade and Industry (“dti”) Customer Contact Centre: 0861 843 384
The dti Office of Consumer Protection (OCP) : (012) 394 1436 / 1558 /1076
E-mail: contactus@thedti.gov.za
the dti Website: www.thedti.gov.za
National Consumer Tribunal (NCT): (012) 663 5615
NCT E-mail: Registry@thenct.org.za
NCT Website: www.thenct.org.za

12. And Beyond Consumer Protection Officer

And Beyond has appointed a dedicated Consumer Protection Officer who is responsible for the processing of complaints made directly to And Beyond or in connection with a formal complaint to the National Consumer Commission.
In the event of a compliant, we would like to encourage you to contact us directly to find a quick and satisfactory resolution to any consumer protection compliant which you may have. In this regard complaints can be directed to the Group Legal and Compliance Officer of And Beyond, the details of which are as follows:

Consumer Protection Officer: Jacques De Villiers
Telephone Number: (011) 809 4425
E-mail address: legal@andbeyond.com