Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 38 of 1994.] No versions before this date are available. with or without recognisances. (4) The Public Offices Fees Act, 1879, shall not apply in respect of fees payable pursuant to this Act. Any descriptive matter concerning a package and supplied by the organizer or the retailer to the consumer, the price of the package and any other conditions applying to the contract must not contain any misleading information. (5) In this Act a reference to any enactment shall be construed as a reference to that enactment, as adapted or extended by or under any subsequent enactment including this Act. section 21
15.—(1) The organiser (whether dealing directly with the consumer or through a retailer) shall ensure that—. to
Elements to be included in the contract if relevant to the particular package; (a) the travel destination(s) and, where periods of stay are involved, the relevant periods, with dates; (b) the means, characteristics and categories of transport to be used, the dates, times and points of departure and return; (c) where the package includes accommodation, its location, its tourist category or degree of comfort, its main features, its compliance with the rules of the host Member State concerned and the meal plan; (d) whether a minimum number of persons is required for the package to take place and, if so, the deadline for informing the consumer in the event of cancellation; (f) visits, excursions or other services which are included in the total price agreed for the package; (g) the name and address of the organizer, the retailer and, where appropriate, the insurer; (h) the price of the package, an indication of the possibility of price revisions under Article 4 (4) and an indication of any dues, taxes or fees chargeable for certain services (landing, embarkation or disembarkation fees at ports and airports, tourist taxes) where such costs are not included in the package; (i) the payment schedule and method of payment; (j) special requirements which the consumer has communicated to the organizer or retailer when making the booking, and which both have accepted; (k) periods within which the consumer must make any complaint concerning failure to perform or improper performance of the contract. (6) Without prejudice to subsections (3), (4) and (5), liability under subsections (1) and (2) cannot be excluded by any contractual term. on package travel, package holidays and package tours the text of which in the English language is set out for convenience of reference in the
— or to accept a rider to the contract specifying the alterations made and their impact on the price. (2) Summary proceedings in respect of an offence under
(a) the failures which occur in the performance of the contract are attributable to the consumer, (b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable, or, (i) force majeure, that is to say, unusual and unforeseeable circumstances beyond the control of the organiser, the retailer or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised, or. CRIMINAL CODE ACT 1995 - SCHEDULE The Criminal Code. The separate billing of various components of the same package shall not absolve the organizer or retailer from the obligations under this Directive; 2. 10.—(1) An organiser shall not make available a brochure to a possible consumer unless it indicates in a legible, comprehensible and accurate manner the price and adequate information about the following matters—. (3) This Act applies to packages offered for sale or sold in the State. (7) In the circumstances described in paragraphs (b) and (c) of subsection (2), it shall be an implied term of the contract that the organiser, or the retailer acting on the instructions of the organiser, as the case may be, will give prompt assistance to a consumer in difficulty. 27.—Section 2(1) of the Act of 1982 is hereby amended by—. (c) to defray any reasonable expenses necessarily incurred by the approved body. The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to packages sold or offered for sale in the territory of the Community. 3. 6. Whenever the responsible parent of a minor has in terms of the provisions of section 6, 8 or 9 ceased to be a South African citizen, the Minister may, with due regard to the provisions of the Guardianship Act, 1993 (Act No. 66 OF 1995: LABOUR RELATIONS ACT, 1995. ‘organizer’ means the person who, other than occasionally, organizes packages and sells or offers them for sale, whether directly or through a retailer; 3. Whereas one of the main objectives of the Community is to complete the internal market, of which the tourist sector is an essential part; Whereas the national laws of Member States concerning package travel, package holidays and package tours, hereinafter referred to as ‘packages’, show many disparities and national practices in this field are markedly different, which gives rise to obstacles to the freedom to provide services in respect of packages and distortions of competition amongst operators established in different Member States; Whereas the establishment of common rules on packages will contribute to the elimination of these obstacles and thereby to the achievement of a common market in services, thus enabling operators established in one Member State to offer their services in other Member States and Community consumers to benefit from comparable conditions when buying a package in any Member State; Whereas paragraph 36 (b) of the Annex to the Council resolution of 19 May 1981 on a second programme of the European Economic Community for a consumer protection and information policy(4)
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