Legal SA: Duty of Care (Doc): The Tunisia Beach Shooting Inquiry & Indemnities (Part 4)

The captioned matter has made waves in the industry as it has been suggested in the inquiry that operators & even venues may end up being liable!!

That is a scary thought so I have written a series of brief notes on preventative measures if such a (however remote) possibility were to become reality - this is the 4th of 5 inserts

You have to bear in mind whether the CPA applies to you are not, simply getting the T&C & indemnity signed is NOT the end of the story – this presents a real challenge especially for online bookings! The key & onerous clauses in the T&C & indemnity must be discussed with, explained to & acknowledged by the traveler. My suggestion is the following steps and a third document:    

  • Do what the airlines & car hire do: have a ‘tick box’ next to the clauses dealing with high/abnormal risk issues or aspects that have ‘traditionally’ given rise to queries in the industry e.g. passports, visas, non-refundable deposits, cancellation, airlines tickets, limitation of liability, ROE, etc*
  • Whether ticking it (online) or initialing it (face-to-face sale), it will strengthen your position materially when things ‘go wrong’
  • The ‘third document’ can be a synopsis of the above clauses* with an acknowledgement that it has been discussed and explained     

Hand in hand with this ‘third document’ is the briefing of travelers – it should be:

  • Based on a well prepared written document contained any risks, whether abnormal, imminent, a regular occurrence or not    
  • Updated regularly
  • Inclusive of even such mundane issues as sunburn – especially in Africa!
  • Carried out before departure (especially if there are risks en route) and upon arrival
  • Contained in the travelers ‘pack’    

Louis the Lawyer