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ALLES Magazine Edition 77 May 2023

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ADVENTURE - LEADERSHIP - LIFE - EXPERIENTIAL EDUCATION - SPORT DEVELOPMENT

77 23

MAGAZINE

SCHOOL TRAVEL & TOURISM Learning outside the classroom resources for South African Teachers


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ALLES Magazine

School Travel and Tourism Organiser

400 + ALLES Network Group Venues & Camps 200 Luxury Accommodation Providers 400 Guesthouses 1000 Day Trips 9 Provinces Tailored to needs Administrative co-ordination Programme specific 064 509 0918 (office + whatsapp) 081 484 0716 (direct cell)

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"BEST SA YOUTH TOURISM & DEVELOPMENT" IE 100 Awards SA School Tourism Advertising CEO INTERNATIONAL TRAVEL AWARD WINNER 2018, 2020, 2021, 2022, 2023 CEO Today Magazine DeLuxe Travel Awards 2022, 2023 Nominee for 2022 Tourism South Africa Media Category

Photographs: Mona Preller, Milla Preller, Canva Stock Image, SATourism - Asset Library (southafrica.net Asset Writers: Contributing Advertorial Writers from within the camping community Special thanks to STEDT & HeronBridge Retreat (official sponsors) and Milla Preller our ALLES Youth Ambassador Alles is a free publication and may be distributed as needed. The information provided and opinions expressed in this publication are provided in good faith but do not necessarily represent the opinions of this publication, the publisher, or the editor. Neither the publisher nor the editor can be held legally liable in any way for damages of any kind whatsoever arising directly or indirectly from any facts or information provided or omitted in these pages or any statements made or withheld by this publication. Third-party websites The publication contains links to other websites. We are not responsible for the privacy policies or practices of third-party websites. The materials on ALLES Media’s platforms are provided “as is”. ALLES Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or noninfringement of intellectual property or other violation of rights. Further, ALLES Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its media platforms or otherwise relating to such materials or on any sites linked to this site. The information contained on this site is not medical advice and should not be used in place of the care of a medical doctor or other qualified healthcare professionals. Limitations In no event shall ALLES Media be liable for any damages arising out of the use or inability to use the materials and/or ideas on ALLES Magazine’s site, even if ALLES Media and its subsidiaries authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Revisions and Errata The materials appearing on ALLES Magazine’s platforms could include technical, typographical, or photographic errors. Though every effort is made to provide accurate, complete, and current information, ALLES media and ALLES Magazine cannot guarantee that materials on its website are accurate, complete, or current. ALLES Media may make changes to the materials contained on its platforms at any time without notice. ALLES Media does not, however, make any commitment to update the materials.


CONTENT EDITOR'S LETTER - 7 WHY OUTDOOR AND ADVENTURE EDUCATION AND TOURISM SHOULD WORK TOGETHER - 12

ADVENTURE - 20 DNA ANALYSIS COMBATS POACHING -21

LEADERSHIP - 33 LIFE SKILLS/STYLE - 42 EDUCATION - 65 LIMPOPO LEARNERS KEEP TABS ON RIVER WATER QUALITY - 66 CHOLERA PROTECTION - 72 SPORT - 71 SCHOOL SPORT WINS WITH CITY LODGE HOTELS - 83 CAMP DIRECTORY -104 THE GREEN TOURISM INCENTIVE - 153 LEGAL: INDEMNITIES AND THE 7 TIERS OF PROTECTION -166

ALLES MAGAZINE EDITION 77 - YEAR 11 Office Contact: 064 5090918 Mobile: 0814840716 Editor: editor@allesmag.co.za Advertising: booking@allesmag.co.za Distribution: publisher@allesmag.co.za Media Enquiries: editor@allesmag.co.za Digital Copy: info@allesmag.co.za Printed Guide: sales@allesmag.co.za Website: www.allesmedia.co.za Directory: www.allesmagazine.co.za Facebook: www.facebook.com/allesmagazine


Editor's letter Much has been written about the value "Learning-outsidethe-Classroom" contributes to education of a child. Children who are immersed in learning experiences, have an easier time in class communicating their cognitive understanding of what they are reading in school. Educators have long since understood an applied enrichment programs in their annual planning in alignment with the curriculum. The child also brings his or her experience to life in the classroom with exciting and energetic conversation about these experiences. The Homeschool Sector is growing in large numbers, mainly due to parents finding this channel of schooling effective and rewarding. This has opened up a need within the community for smaller groups on tours and day excursions, but with the same valuable outcomes as with the larger school-based groups, traditionally hosted by venues and service providers. By having parents, in all sectors of the basic education system on the side of enrichment programs, it opens up the question of where, what and when one can plan and take a child on one of these programs. Some of the most sought type of excursion and programs are visits to: Museums Cultural Centers Farms Zoos and Aquariums Factories that allow tours Libraries Historical Sites Cultural Sites World Heritage Sites (of which we do have a few in South Africa) Environmental tours or hikes Geographic regions in South Africa Art exhibitions, literature events, musical and performance art shows Adventure, leadership, environmental education and sport development group accommodation venues (which normally include a full program for groups larger than 20 children)

You may even include an experiential learning opportunity by doing routine activities, like: A visit to your shopping mall (can include research about the architectural value, community purpose and the financial impact) One can choose restaurants that serve a specific culture's food (by introducing smell, see and taste to the learning process, which creates a better understanding of the difference in cultures) Change your method of transport, by making it an experience on a city tour bus, like the Red Bus that has an open rooftop and have pick-up and drop-off stops at interesting attractions or the Gautrain in Gauteng, that in itself is an education experience not to be missed. ALLES Magazine is a proud media representative of the broad-based youth and school travel industry and will continue to communicate the variety and focused programs and attractions that are available for experiential learning planning. Follow us on Facebook and share your experiences with other teachers. Please remember to pay it forward by sharing the digital copy with all your colleagues in education. We would love to hear about your experiences, please feel free to send us an e-mail at any time.

Happy and Safe Travels Mona editor@allesmag.co.za 0645090918


Our industry still has a long way to go. Maybe one of our biggest challenges is that role players have diverse perceptions about what our industry should look like, the problem is that there most probably is not only one answer.

P I E T E R

S N Y M A N PEXELS-XUE-GUANGJIAN-1687845

D R .


PEXELS-GUDURU-AJAY-BHARGAV-1076081

Why Outdoor and Adventure Education and Tourism should work together - ADVENTURE RELATED EXPERIENTIAL LEARNING (AEL), ADVENTURE BASED LEARNING (ABL)

Some call it Adventure Based Learning

The fact of the matter is that ABL/AEL

(ABL) or, as South African researchers want to

is

call it, Adventure Related Experiential Learning

industries. The primary areas include the

(AEL). Dr Simon Priest stated in his book,

School Camp Sector (Leadership, Grade

Effective

Adventure

Orientation, etc.), Church Camp Sector

Programming (2018), that the South African

(Not only children, but also adults and

Outdoor and Adventure Industry is on the rise,

families), Sport Camp sector (various sport

close to the peak of our industry growth. The

leagues,

question is, what do we have to show for that,

Building events (one day or multiday

and what will define us at the top? We might

Camps

have the attributes of being on top in our cycle,

Community

but we surely are not there when we look at

from Government or NGO’s).

Leadership

in

comprised

of

clinics to

or

etc.),

serves

Corporate

corporate Camps

various

clients),

(initiatives

Team and

initiated

quality programmes, qualifications, regulations and professional practices. Our industry still has a long way to go. Maybe one of our biggest challenges is that role players have diverse perceptions about what our industry should look like, the problem is that there most probably is not only one answer. There has long been a debate on where ABL/AEL should fit. Would it be better with Education, Tourism, Education and Training Seta (ETDP SETA) or Sport and Recreation?

PEXELS-GUDURU-AJAY-BHARGAV-939702


PEXELS-PIXABAY-220147

Not only does it serve diverse markets, it is also applied in diverse ways. Some clients only require service providers whom can assist with lectures, workshops, problem solving games, and “on the ground and on table activities” (Ropes, planks, pipes and other improvised resources). Some clients ask for residential (onsite) programmes where more physical and emotional risks are involved in activities

(Ropes

Courses,

Climbing

Walls,

Archery etc.). And some clients require the provider to take them for an overnight camping experience where they will, for example, be abseiling from a natural rockface or paddling down a stretch of river etc.. The ABL/AEL industry is truly diverse and multiple.

Of

applications

course,

all

these

require

different

different skills

Currently ABL/AEL facilitators can receive training in the following ways:

and 1. Facilitation Certificate – non-credit bearing

qualifications.

(Learning facilitation theory and artificial What distinguishes ABL/AEL from just a normal recreational or tourist experience is

activities). 2.Adventure guide – credit bearing,

that participants are facilitated through a

accredited (Safety, guests,

process where the learning that occurred

technicalities of conducting guided

during the adventurous experience can be

experiences – becoming a legal tour guide)

applied or transferred to real life, to make their

3.Combination of both.

day to day lives more exciting and more

4.Other relevant courses: First Aid

worthwhile. These experiences can either be

(credit-bearing), Facilitate Learning a

extremely structured or not at all, however

variety of methodologies (credit-bearing), etc.

with

this

application

there

are

definite

intentional learning and reflection experiences. These learning experiences can be applied as education, development, therapy, or ministry. The reality is that if we want to train and prepare

professionals

(Adventure

Learning

Facilitators,

Outdoor

Guides,

Educators,

Facilitators, Guides, Educators etc.) that are employed within these environments we can choose to either have a limited approach or we can have an inclusive, broader, capacitating approach.

PEXELS-HELENA-LOPES-697244


If our argument is that facilitators that are employed at residential sites or campsites only need basic skills and qualifications such as pure

facilitation

on

problem

solving

and

artificial adventure activities (obstacle course, climbing wall, ropes course, etc.), I would argue that it is short sighted. Facilitators are for example employed or are freelancing at site “A” today, tomorrow they are at site “B” with different activities and processes, the day after they are at site “C” working as a facilitator taking

groups

on

overnight

hikes

in

a

mountainous environment, all with the same initial qualification.

guides act. Do they inform employers of the scope of their qualifications when it is not sufficient to what is legally required for the job they are doing? I also wonder how responsible employers/providers are to not put facilitators and guides under unfair pressure to execute tasks or activities they were not trained for (“… no worries, it is okay, just do it”).

such a richness to offer, many a time the request has come that adventure guides need to be more reflective and learning orientated, and

respecting the specialities but moving forward together. An outdoor education

sensitive

to

human

development processes, this is an attribute that “Outdoor Education Guides” can so richly contribute to the industry.

role of the facilitator and the role of the guide are integrated to serve customers better as well as to ensure quality and professionalism

in

the

experience

economy, no confusion on qualifications and

standards,

creating

more

diverse

career opportunities for all. Possible combined career paths (with some extra modules here and there):

On the other hand Outdoor Education has

aware

progress without an inclusive industry,

and adventure guiding industry where the

I wonder how responsible facilitators and

more

In conclusion, South Africa cannot

Adventure Based Learning Guide, Activity Leader, Adventure guide, Technical expert, Educational

Programme

Facilitator/

Manager/ Leader, Wilderness/ Adventure Therapist,

Team

Building

Facilitator/

Manager/ Leader, Expedition Leader. ________________________________________________

PEXELS-GUDURU-AJAY-BHARGAV-939702


DNA analysis combats poaching by tracing ivory origins and disrupting illegal trade networks.

At Adventures With Elephants we are involved with a DNA project to help preserve these Gentle Giants for future generations. Elephant DNA research assesses genetic diversity, identifies atrisk populations, and enables targeted conservation measures. It aids in understanding population structure, aiding conservation planning and protected area establishment.

https://rhcru.co.za/dna-project/

DNA analysis combats poaching by tracing ivory origins and disrupting illegal trade networks, facilitating the return of elephants to their habitats. It identifies genetic markers for disease resistance, improving management strategies. It also enhances our knowledge of behavior and reproduction, supporting conservation plans. While DNA research alone cannot ensure the preservation, when combined with habitat protection, engagement, antipoaching efforts, and collaboration, it strengthens conservation initiatives, securing a future for elephants.


EXPLORE BEACH-VIBE NEXT TO THE VAAL DAM A specialist in the field of Leadership Development Life Skills Grade 8 Ice-Breaker Camps Environmental MARANEMAN OFFERS AN ARRAY OF ACTIVITIES, DESIGNED AND DEVELOPED WITH PARTICULAR OBJECTIVES IN MIND. THESE ACTIVITIES ARE SELECTED ACCORDING TO WHAT WOULD BEST SUITED FOR YOUR TYPE OF VISIT. OUR ACTIVITIES ARE CONTINUOUSLY MAINTAINED, UPDATED OR REPLACED. YOU HAVE THE GOAL IN MIND, WE HAVE THE SOLUTION.

VISIT OUR WEBSITE FOR OUR SEASONAL SPECIALS! http://www.maraneman.co.za/

+27 82 559 3831 info@maraneman.co.za

es Group Actviiti

Challenges


LIMPOPO LEARNERS KEEP TABS ON RIVER WATER QUALITY PROJECT LINKS ACADEMICS, CITIZEN SCIENTISTS AND LEARNERS TO MONITOR BOREHOLE AND RIVER WATER 25 MAY 2023 | BY ASHRAF HENDRICKS FEATURE | LIMPOPO

Children from Mara Primary School participating in the Diamonds on the Soles of Our Feet program search for crabs in stream flowing from the Soutpansberg mountains. Photos: Ashraf Hendricks.

Ci t i z e n s ci e n t i s t s t r a i n ed t h r ou g h a U n i ve r s i t y of t h e We s t er n C a p e p r oj e ct a r e h el p i n g t o t r a i n s ch ool ch i l d r e n t o m on i t or t h e i r e nv i r onm en t . Da t a c ol l e ct e d on r i ve r wa t e r q u a l i t y i s s h a r e d wi t h a n i n t e r n a t i on a l p r og r a m m e. P l a n s a r e f or t h e p r o j ec t t o e xp a n d t o ot h e r p r o vi nce s .

More than 200 schoolchildren in Limpopo have been trained to capture precious data about water quality from boreholes and rivers near their schools in a project linked to the United Nations and run by the University of the Western Cape (UWC). For two days in May learners from Mara Primary, Komape Molapo Primary and Boetse Secondary School spent time in the field as part of the Diamonds on the Soles of Our Feet project. The project, founded in 2019, currently focuses on the Hout Catchment to the north of Polokwane. Members of the community are trained by experts from UWC and these “citizen scientists” train learners in their area. The red dots are the approximate locations of where this story was reported from. Map source: OpenStreetMap (ODbl)


The children are taught about water health, and how to measure phosphates and nitrates (which are usually pollutants from agriculture and poorly functioning sewage plants) using a freshwater test kit and a mini SASS (Stream Assessment Scoring System). SASS evaluates the health of a body of water body by measuring the number and diversity of invertebrates (small animals) in the water. The data is entered into a system using cellphones and sent to a platform run by EarthWatch Europe. From here it is sent to the United Nations SDG 6.3 water portal which aims to bring safe drinking water to all as part of Sustainable Development Goal 6, one of the United Nations’ 17 global goals agreed to in 2015. The importance of citizen scientists can be illustrated in the way volunteers in England have been helping to test for pollutants in rivers, and holding authorities to account for the deterioration of ecosystems.

Limpopo learners from Mara Primary phosphorous levels in water samples.

“Water in South Africa is a scarce resource which must be taken care of,” says Murendeni Mavhungu, citizen scientist and field manager of the project. Murendeni says the goal is to create awareness and teach children and the community about water health. The project first focused on measuring the impact of rainfall on borehole levels but has since expanded into checking water quality in nearby rivers. Learners start the project in class and then go into the field. Mavhungu says they’re teaching the children about water health, vegetation and pollutants in rivers and ponds. He wants them to be able to take care of these water sources in the future. If water sources are not protected, “we’re going to have health problems, and water shortages, which might lead to famine,” he says. “Water is a precious resource, and it cannot be replaced by any other resource.” The project was founded by Jacqueline Goldin, Associate Professor of Anthropology and Water Sciences at the Faculty of Natural Sciences at UWC.

Citizen scientist and field manager Murendeni Mavhungu measures the water depth at a river near Ga-Maleka.

“People who are on the ground are extremely knowledgeable, and we just need to tap into that. I think citizen science is a brilliant way of doing that,” says Goldin. She says the name “Diamonds on the Soles of Our Feet” comes from the idea that citizen scientists are ‘diamonds’, “not just because they’re sparkling with the knowledge, but also because under their feet is all this experience and know-how.”


The aim is not only for them to collect data but to eventually run the project in their communities. Brendon Basson and his mother Catherine are subsistence farmers in Buysdorp who have been trained as citizen scientists. Water for their farm drains off the nearby Soutpansberg mountain, and they also have boreholes for irrigation. “I need to know if my water is safe,” says Basson. “People don’t know what is going on within the water bodies.” Citizen scientists are trying to educate their communities to protect their surrounding areas, and create “a relationship between them and nature”, he says.

Brendon Basson and his mother Catherine are citizen scientists on the project. Water quality is important to them as both of them have farms.

Dorah Masehela, a citizen scientist from Ga-maleka in Limpopo, fills up her water tank. She says in her village, pumps have been stolen and illegal water connections mean some people don’t have water.

Dorah Masehela is also a citizen scientist, from Ga-maleka. The issues she faces are very different from those in Buysdorp. In her village, she says government mismanagement and theft have reduced water supplies. Taps on the street and pumps that used to bring water from the river have been stolen and people have made their own water connections, draining off water before it reaches the taps. She says if you don’t have access to a borehole, you have to walk hundreds of metres for water or buy it from someone who does have a borehole. It costs R2 to fill a 20 litre container or R250 to fill a 2,400 litre JoJo Tank. She makes sure to fill her JoJo tank which can last her several weeks. Masehela says she hopes the Diamonds on the Soles of Our Feet project will inspire young scientists and environmentalists. “They say that education is a tool. You educate one child, you educate a village.”

Article re-published with credit to www.groundup.org.za & Ashraf Hendricks follow link to read original publication in support of GrounDUP

www.groundup.org.za/article/limpopo-learners-checking-on-water-quality-in-their-rivers


Ons is OOP!

KINDER

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PRET & KREATIEWE AKTIWITEITE Buitelug speletjies, skattejag, kampvuur stories, modder avonture, toubane en vele meer! HEERLIKE PLAAS ATMOSFEER NABY AAN DIE STAD!


SCHOOL SPORTS WINS WITH CITY LODGE HOTELS CREDIT 2023 SANDTON TOURISM ASSOCIATION.

South Africans are sports mad and this passion for a variety of sporting codes starts early. School sports teams are where we first feel the thrill of the match, develop our competitive spirit, camaraderie, and that unstoppable desire to put our physical and mental best towards a shared goal. Whether we’re in the grandstands watching a live match or cheering on our team in a neighbourhood pub or around the braai, sports is a national pastime. City Lodge Hotel Group has long been a favourite with school sports teams on tour and has now partnered with SuperSport Schools to host school sports teams at its hotels around the country.

SuperSport Schools records and livestreams school sports on television and on its app, allowing supportive parents and other interested parties to watch live from anywhere, on demand, at any time, and at no cost to the viewer. They are passionate about growing school sports and shining a spotlight on our young athletes. own Lodges and Road Lodges are favourites with travelling school sports teams, coaches and families as they are budget-friendly, offer all three meals in their restaurants, and most have swimming pools with decks and gardens for outdoor relaxation. Courtyard Hotels and City Lodge Hotels are equally well equipped to host teams and supporters looking for more upmarket accommodation when on the road, and are often located near a Town Lodge or Road Lodge, making hosting groups with different accommodation needs even easier. The Group as a whole is geared up to host sports teams and cater to the needs of these athletic guests, taking care of towels and laundry arrangements, special snacks and drinks, and providing an extra corner in our hotels to store bulky sporting kits and gear.

Gerhard Steyn, general manager at SuperSport Schools, says: “SuperSport Schools' primary objective is to broadcast school sports events nationwide in South Africa. Given the extensive presence of City Lodge Hotel Group throughout the country, we are delighted to partner with them to offer schools sports teams a suitable place to prepare for and recover after their games.” Lindiwe Sangweni-Siddo, chief operating officer at City Lodge Hotel Group, adds, “After the pandemic it was wonderful to see school sports teams on tour once again. Sports plays an important role in childhood development as well as identifying which athletes will go on to represent their schools, provinces and country. We at City Lodge Hotel Group are delighted to enter into this partnership with SuperSport Schools to further promote healthy sporting activities among our youngsters. We have 56 hotels across South Africa in major and secondary cities, as well as in Windhoek, Namibia; Gaborone, Botswana; and Maputo, Mozambique, which means there will most likely be one of our hotels near your next match or game.”


Life Changing Events and programs tailored to individual needs. SCHOOLS * CHURCHES * NETBALL DEVELOPMENT * CRICKET LEADERSHIP ENHANCEMENT * MISSIONERY FOCUS * VELD-SCHOOL FLAT WATER ROWING VENUE * CRICKET * SOCIAL DEVELOPMENT TRAINING * WEDDINGS * PARTIES * EDUCATIONAL and TOURS

084 408 2913 APRKEMP@SIGNETSA.COM


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A GREAT SCHOOL CAMP STARTS WITH A GREAT TEAM We offer schools, church groups, companies, etc. leadership development and team building programs, via experience based learning, teambuilding, problem solving, and various adventure oriented activities and courses. Conference organisers and selected groups also make use of our facilities. EMAIL US MANAGER@LEKKEROORD.CO.ZA CALL US 082 928 0589


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EXPLORE BEACH-VIBE NEXT TO THE VAAL DAM A specialist in the field of Leadership Development Life Skills Grade 8 Ice-Breaker Camps Environmental MARANEMAN OFFERS AN ARRAY OF ACTIVITIES, DESIGNED AND DEVELOPED WITH PARTICULAR OBJECTIVES IN MIND. THESE ACTIVITIES ARE SELECTED ACCORDING TO WHAT WOULD BEST SUITED FOR YOUR TYPE OF VISIT. OUR ACTIVITIES ARE CONTINUOUSLY MAINTAINED, UPDATED OR REPLACED. YOU HAVE THE GOAL IN MIND, WE HAVE THE SOLUTION.

VISIT OUR WEBSITE FOR OUR SEASONAL SPECIALS! http://www.maraneman.co.za/

+27 82 559 3831 info@maraneman.co.za

es Group Actviiti

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GAUTENG


Ons is OOP!

KINDER

KAMP

PRET & KREATIEWE AKTIWITEITE Buitelug speletjies, skattejag, kampvuur stories, modder avonture, toubane en vele meer! HEERLIKE PLAAS ATMOSFEER NABY AAN DIE STAD!


Life Changing Events and programs tailored to individual needs. SCHOOLS * CHURCHES * NETBALL DEVELOPMENT * CRICKET LEADERSHIP ENHANCEMENT * MISSIONERY FOCUS * VELD-SCHOOL FLAT WATER ROWING VENUE * CRICKET * SOCIAL DEVELOPMENT TRAINING * WEDDINGS * PARTIES * EDUCATIONAL and TOURS

084 408 2913 APRKEMP@SIGNETSA.COM


KWAZULU-NATAL


LIMPOPO


MPUMALANGA


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Courtecy - Duin in Die Weg


NORTH-WEST


WESTERN-CAPE


LEGAL

© ADV LOUIS NEL LOUIS-THE-LAWYER

#INDEMNITIES AND THE '7 TIERS OF PROTECTION'

Since the Consumer Protection Act has come to fruition almost 10 years ago I have advised almost 300 businesses on this issue and, as with life and business in general, you are perpetually on a learning curve. I would like to share with you what I've learnt in the process over the last couple of years and the impact on my aforementioned article. The key issue is whether or not you really need an indemnity and what to do if your indemnity fails/is not upheld in a dispute. Clearly there is always the possibility that the latter may occur and given that very real possibility, what steps should you take? The indemnity is only one card in your hand of risk identification and management tools. As my saying goes: 'Life is like a card game: it is not the cards you've been dealt, it is how you play them'. So let's see which cards comprise your 'risk hand' and how to manage that. Here they are but please note that it is not in order of importance:


Common law i.e. setting aside for the moment your T&C and indemnity (form and signage) Customer briefing Voluntary acceptance of risk (Volenti non fit injuria) Managing your risk on the ground/at the coal face Terms and conditions ('T&C') Indemnity: form and signage Insurance The common law is effectively the principles that apply in lieu of a contractual arrangement, whether explicit (Discussed and signed) or implied/implicit (Referred to in your e-mail, booking form etc). A well-known and well publicized principle is the 'duty of care' i.e. the degree of care you need to afford your customers to avoid liability in the case of a potential claim. I've written extensively on this subject and space does not allow me to elaborate save to say that indirectly certain aspects will be addressed in the rest of this article. The customer briefing can and should ideally not be limited to what transpires on arrival of your customers. The reason for this observation is that the information conveyed may require preliminary steps by the customer which, if conveyed upon arrival, cannot be carried out. This includes e.g. malaria (& other) prophylactics, medical check-ups, getting in shape for strenuous activities and more mundane yet crucial issues such as visas. Thus it is not only preferable to carry out this briefing as early as possible in the booking process, but also upon confirmation and upon arrival. It is recommended that this not be done ad lib but that the presenter has a checklist. Risk can only be accepted if done voluntarily AND if the person accepting the risk has been adequately and timeously informed! The customer briefing clearly plays a key role as the supplier endeavours to shift the issue of liability and burden of proof. The role of the Consumer Protection Act, act #68 of 2008 ('the CPA') is crucial and in this regard the following aspects of specifically section 49 ('Notice required .... T&C') are worth noting if not repeating: The reason this clause requires notification to the customer is stated right at the end i.e. to give the customer an 'adequate opportunity to receive and comprehend' the impact of the notice, hence my comments of timing of the customer briefing Timing is specifically addressed i.e. the notification must be the EARLIEST of the following: when customer (1) enters into the transaction; (2) engages in the activity; (3) enters/gains access to the facility; (4) makes payment - thus e.g. no rushed, last minute circulation of an indemnity on a clipboard circulated as a game drive is about to take place!

083 679 4556

BLOG: louisthelawyer.wordpress.com

TWITTER: @louisthelawyer


083 679 4556

BLOG: louisthelawyer.wordpress.com

TWITTER: @louisthelawyer

The manner in which it must be done is also crucial and this includes 'plain language' (as defined in section 22) and 'conspicuous' and 'likely to attract the attention of an ordinarily alert consumer' - beware hidden signage, small print etc. AND it is preferable to obtain the customer's signature rather a simple nod of the head as inter alia a misperception may later be raised (which the supplier is bound to resolve - to be read with section 41 The topics to be addressed include: o Limitation/acceptance/assumption of risk/liability o Indemnities o Anything of an 'unusual character or nature' that may be encountered or participated in and which the customer is 'not reasonably expected to be aware of or notice' OR that may result in 'serious injury or death' {Adventure tourism here we come!) Most of the above are aspects to be addressed and managed 'at the coal face' but what is important what and how you do. This includes clear signage upon arrival and in your rooms/tents, briefing upon arrival, care taken with e.g. slippery surfaces and unfenced pools, staff training, first aid and evacuation. T&C are often not dealt with properly. Again I've written detailed articles about why these are important. Over and above dealing with T&C in the context of section 49 of the CPA as illustrated above, here are some of the reasons you need proper T&C which must be accepted by the customer: • Limitation of liability • Extraneous but very problematic aspects such as visas • Jurisdiction • Applicable law • Interest on late/non-payments • Legal fees • Exclusion of promises, perceptions, advertising etc • Capacity/authority to accept the T&C

© ADV LOUIS NEL 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

AS with some of the topics above, I have written many articles and presented talks on indemnities and signage - again section 49 of the CPA is crucial. The very common observation about indemnities 'It is not worth the paper it's been written on' definitely is not without merit BUT that depends on how it has been worded and managed. Finally there's insurance. It is important to note that it is a crucial part of the '7 Tiers' and not mutually exclusive to any of the above and in fact the better you deal with the other 6 issues, the more likely you are to obtain insurance at all, be in a position to negotiate lower premiums and high deductibles thus making the entire risk management per my '7 Tiers' worth your while!


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