ISSUE 09 | SEPTEMBER 2016
NEWS, VIEWS, AND REVIEWS FOR THE TRAVEL TRADE IN, TO AND OUT OF AFRICA
IN THIS ISSUE:
• Africa GeoDirectory Project • Business • Destinations • Environment • Competition • • Events • Legal • Marketing • Sport Tourism • Transport •
EDITORIAL
.com
IN THIS ISSUE: ISSUE 09 SEPTEMBER 2016
THE OFFICIAL TRADE JOURNAL ON AFRICAN TOURISM
AFRICA GEO-DIRECTORY PROJECT 10 Lalibela Game Reserve & Lentaba Safari Lodge 11 Hill Top Safari Lodge & Marks Camp
MAGAZINE ADVERTISING
ADVERTISING DIRECTOR Bev Langkilde Cell: +27 (0)71 224 9971 Fax: +27 (0)86 656 3860 E-mail: bev@tourismtattler.com Skype: bevtourismtattler http://eepurl.com/bocldD
BACK ISSUES (Click on the covers below). ▼ JUL 2016
BUSINESS 12 Visas in Africa for African Travellers 14 SATSA Market Intelligence Report COMPETITION 15 Win 2 CD’s DESTINATIONS 16 Exploring Antigua Resorts
SUBSCRIPTIONS
▼ AUG 2016
CONTENTS EDITORIAL 04 Accreditation 06 Accessible Tourism Etiquette 07 Linking the Tourism Chain
PUBLISHER Tourism Tattler (Pty) Ltd. PO Box 891, Umhlanga Rocks, 4320 KwaZulu-Natal, South Africa. Website: www.tourismtattler.com EXECUTIVE EDITOR Des Langkilde Cell: +27 (0)82 374 7260 Fax: +27 (0)86 651 8080 E-mail: editor@tourismtattler.com Skype: tourismtattler
▼ JUN 2016
ENVIRONMENT 18 Lalibela Launches Enviro Rehab Project 20 The War Against Alien Invasive Trees EVENTS 22 IIPT Global Peace Park Project
▼ MAY 2016
▼ APR 2016
▼ MAR 2016
LEGAL 24 Enforcing a Contract - Part 21 25 Adventure Tourism from a Legal Perspective - Part 3 MARKETING 26 Online Platforms for Safari Businesses SPORT TOURISM 28 From Para to Dakar - The Joey Evans Story
▼ FEB 2016
▼ JAN 2016
▼ DEC 2015
TRANSPORT 30 City Bus of the Future
EDITORIAL CONTRIBUTORS Adam Jacot de Boinod Adv. Louis Nel Claus Tworeck ▼ NOV 2015
▼ OCT 2015
▼ SEP2015
Desmond Langkilde Josephine Wawira Martin Janse van Vuuren
MAGAZINE SPONSORS 03 Sports & Events Tourism Exchange 05 World Luxury Hotel Awards 08 UNWTO World Tourism Day 32 National Sea Rescue Institute
Disclaimer: The Tourism Tattler is published by Tourism Tattler (Pty) Ltd and is the official trade journal of the Southern Africa Tourism Services Association (SATSA). The Tourism Tattler digital e-zine, is distributed free of charge to bona fide tourism stakeholders. Letters to the Editor are assumed intended for publication in whole or part and may therefore be used for such purpose. The information provided and opinions expressed in this publication are provided in good faith and do not necessarily represent the opinions of Tourism Tattler (Pty) Ltd, SATSA, its staff and its production suppliers. Advice provided herein should not be soley relied upon as each set of circumstances may differ. Professional advice should be sought in each instance. Neither Tourism Tattler (Pty) Ltd, SATSA, its staff and its production suppliers 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 from any statements made or withheld or from supplied photographs or graphic images reproduced by the publication.
02 Tourism Tattler Trade Journal SEPTEMBER 2016
PARTNER FEATURE
25 - 27 October 2016 Protea Hotel Fire & Ice! Menlyn Tshwane The 6th edition of the Sports and Events Tourism Exchange will be hosted in a CONNECT format which will give delegates equal opportunity to attend the conference sessions and schedule one-on-one meetings with international buyers and local stakeholders. Connect /kәˈnɛkt/ – bring together or into contact so that a real link/business relationship is established.
/SETE.ZA
Sports & Events Tourism Exchange Conference This year the following themes will be focused on:
Book your seat NOW for R4 500.00 excl. VAT
@SETE_ZA
What sponsors are looking for when supporting events; Technology and how it can boost your events visitor attendance/fans; How to measure return on investment of events; Travel behavior, trends and spend of golf tourists; Business opportunities that the 2022 Commonwealth Games could present; Importance of partnerships;
SPORTS & EVENTS TOURISM AWARDS CALL FOR NOMINATIONS
The Sports & Events Tourism Awards taking place on the 26th October, is aimed at recognizing events that contribute to tourism growth, destination marketing, sports & event legacies and local economic development. Event owners, host cities & sponsors can nominate events by submitting impact assessment reports along with supporting documentation of their events. For more information go to www.sportsandevents.co.za/sports-and-events-tourismawards/ or contact Cathy@ThebeReed.co.za
AWARD CATEGORIES
Best international event that contributes to tourism growth Best domestic event that contributes to tourism growth Best event Improving the brand profile of the destination Best event leaving a development legacy Best emerging township event contributing to local economic development Best event city or province
www.sportsandevents.co.za Organised by
Event partner
SEPTEMBER 2016 Tourism Tattler Trade Journal 03
EDITORIAL
ACCREDITATION Official Travel Trade Journal and Media Partner to: The Africa Travel Association (ATA) Tel: +1 212 447 1357 • Email: info@africatravelassociation.org • Website: www.africatravelassociation.org ATA is a division of the Corporate Council on Africa (CCA), and a registered non-profit trade association in the USA, with headquarters in Washington, DC and chapters around the world. ATA is dedicated to promoting travel and tourism to Africa and strengthening intra-Africa partnerships. Established in 1975, ATA provides services to both the public and private sectors of the industry.
The African Travel & Tourism Association (Atta) Tel: +44 20 7937 4408 • Email: info@atta.travel • Website: www.atta.travel Members in 22 African countries and 37 worldwide use Atta to: Network and collaborate with peers in African tourism; Grow their online presence with a branded profile; Ask and answer specialist questions and give advice; and Attend key industry events.
National Accommodation Association of South Africa (NAA-SA) Tel: +27 86 186 2272 • Fax: +2786 225 9858 • Website: www.naa-sa.co.za The NAA-SA is a network of mainly smaller accommodation providers around South Africa – from B&Bs in country towns offering comfortable personal service to luxurious boutique city lodges with those extra special touches – you’re sure to find a suitable place, and at the same time feel confident that your stay at an NAA-SA member’s establishment will meet your requirements.
Regional Tourism Organisation of Southern Africa (RETOSA) Tel: +27 11 315 2420/1 • Fax: +27 11 315 2422 • Website: www.retosa.co.za RETOSA is a Southern African Development Community (SADC) institution responsible for tourism growth and development. RETOSA’s aims are to increase tourist arrivals to the region through. RETOSA Member States are Angola, Botswana, DR Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.
Southern African Vehicle Rental and Leasing Association (SAVRALA) Contact: manager@savrala.co.za • Website: www.savrala.co.za Founded in the 1970's, SAVRALA is the representative voice of Southern Africa’s vehicle rental, leasing and fleet management sector. Our members have a combined national footprint with more than 600 branches countrywide. SAVRALA are instrumental in steering industry standards and continuously strive to protect both their members’ interests, and those of the public, and are therefore widely respected within corporate and government sectors.
Seychelles Hospitality & Tourism Association (SHTA) Tel: +248 432 5560 • Fax: +248 422 5718 • Website: www.shta.sc The Seychelles Hospitality and Tourism Association was created in 2002 when the Seychelles Hotel Association merged with the Seychelles Hotel and Guesthouse Association. SHTA’s primary focus is to unite all Seychelles tourism industry stakeholders under one association in order to be better prepared to defend the interest of the industry and its sustainability as the pillar of the country’s economy.
Tourism, Hotel Investment and Networking Conference 2016 Website: www.thincafrica.hvsconferences.com THINC Africa 2016 takes place in Cape Town from 6-7 September.
International Coalition of Tourism Partners (ICTP)
International Institute for Peace through Tourism
Website: www.tourismpartners.org ICTP is a travel and tourism coalition of global destinations committed to Quality Services and Green Growth.
Website: www.iipt.org IIPT is dedicated to fostering tourism initiatives that contribute to international understanding and cooperation.
World Travel Market WTM Africa - Cape Town in April, WTM Latin America - São Paulo in April, and WTM - London in November. WTM is the place to do business.
The Safari Awards
World Luxury Hotel Awards Website: www.luxuryhotelawards.com World Luxury Hotel Awards is an international company that provides award recognition to the best hotels from all over the world.
04 Tourism Tattler Trade Journal SEPTEMBER 2016
Website: www.safariawards.com Safari Award finalists are amongst the top 3% in Africa and the winners are unquestionably the best.
PARTNER FEATURE
Event Advert 2016 (210x275).indd 1
10:06 AM SEPTEMBER 2016 Tourism Tattler 2016/09/09 Trade Journal 05
EDITORIAL
Accessible Tourism Etiquette How does one communicate with people with disabilities? What language should one use to write or talk about people with disabilities? What is the etiquette when meeting a blind person or a wheelchair user? How much can one expect of a person with a disability, and what help should be given or offered?
To provide answers to these questions, the QuadPara Association of South Africa (QASA) has an informative booklet aptly titled ‘Myths, Manners, Do’s & Don’ts of Disability’. “Many people without disabilities will have felt shy or embarrassed when meeting people with disabilities. People tend to either blurt out commonly used but discriminatory language, or tie themselves up in knots trying not to offend. That is why QASA is proud to have published the Sawubona Disability booklet,” says Ari Seirlis, CEO of QASA. Tourism Tattler has reproduced the QASA booklet for on-screen viewing (flip-page format) here or for quick downloading (PDF 2.7MB) here.
The Language of Disability The language of disability has been changing for quite a while, and it continues to change. This is a vitally important issue. Individuals with disabilities are considered to be disabled as a result of society’s discrimination, of which language is a big part. Mainly due to ignorance, many incorrect terms and phrases are used to describe disabilities and people who have disabilities. However, people are becoming increasingly aware of the way in which the language used to refer to disability can reinforce negative stereotypes, even without the speaker realising it. Certain words or phrases may give offence. Avoid using language that suggests that disabled people are always frail or dependent on others, or which makes disabled people objects of pity, such as “suffers from” or “a victim of”. It is accepted practice that phrases should, if possible, put the person first, for example “people with disabilities” rather than “disabled people”. Although there are no concrete rules, it is helpful to understand why some terms are preferred to others. Inappropriate terms and phrases include: • “Inconvenienced” • “Handi-capable” • “Special”
Remember: • Avoid clichés. • Do not communicate your admiration or pity purely on account of a person’s disability. • Each person you meet is an individual and may prefer the use of different or specific terminology. • Disability terminology and the disability community are constantly evolving. • Treat a person in an entirely non-judgmental manner • Restrain your curiosity: if you meet a person with a disability for the first time, don’t immediately ask them “what happened to you?” Be confident and relax – If you feel embarrassed or you are unsure of what exactly to do, don’t worry. It is quite normal to be nervous of doing the “wrong” thing, but your efforts will more than likely be appreciated. Always be patient – Some disabled people need a little more time than usual for everyday tasks such as entering a building or understanding the answer to a query. Look beyond the disability – There is a person in front of you, not a disability.
• “In spite of his disability”
Important to acknowledge – The environment within which a person with a disability operates is often the disabling element.
• “Overcame his handicap”
For more information visit www.qasa.co.za
06 Tourism Tattler Trade Journal SEPTEMBER 2016
EDITORIAL
THOUGHT LEADERSHIP
Linking the
TOURISM CHAIN September is National Tourism Month in South Africa, to celebrate the country’s tourism industry and the value it adds to the economy. In this article, I share my views on the importance and value of a well-run tourism industry. By Claus Tworeck Statistics South Africa reports that tourism contributes about 3% to the economy and that 4,5% of the workforce is directly employed by the industry. This means that every one in 25 people you meet in South Africa works in tourism. Tourism in South Africa From a global perspective, South Africa is in a good place. We have a fantastic reputation as a tourism destination and factors such as our currency, climate and time zone make it very attractive for foreigners to visit. In addition to this, most major airlines now fly two or three times a week directly to Cape Town and air carriers don’t provide this volume of seats unless there is a big demand, so we’re expecting a bumper of a summer season. After a year where commodity markets fell and exports are low because of drought, tourism is at the moment the best-positioned industry to drive foreign exchange. This is a quick win, because if you have a good season like we are anticipating, the money will flow in naturally. At my company, City Sightseeing, we see ourselves as enablers of the tourist experience. We offer a quick overview of Cape Town and Johannesburg, highlighting the best things people can experience while they are in these cities, and thereafter we see it as our mission to get them off the bus to actually experience it. Our mission is to tell people where to look and what’s available; then it’s up to them to make decisions as to where they want to go and spend time.
How to build a reputation for becoming a global tourism destination There’s a new trend for visitors to want urban experiences by actually getting to know the locals and getting a glimpse of authentic life in the destination. Getting to know the local people also plays a major role in visitors’ perception of a country. South Africans are very warm-hearted and friendly. There are not many countries where customs officials greet visitors with a big smile on their faces, sharing a laugh and a joke. This regularly happens at South African airports. A tourist’s experience starts with that first interaction, and you can’t find anything more authentic than that. Developing the tourism industry Tourism is not about the product on offer; it’s about how the product is offered. When I visit a place, I want a “real” experience. Camps Bay beach has a great view, but is not a tangible experience. What is a tangible experience is standing at the Camps Bay bus stop and interacting with the bus stop marshall, who tells me a story about his children, or allows me to get a real glimpse into a real life in South Africa. It’s important that any tourism business views its staff not as a commodity, but as its key asset. The easiest way to develop the industry is by developing employees and enabling them to not only become ambassadors for their particular brand, but ambassadors for their city and country.
Tips on joining the tourism trade This is an all or nothing business. The tourism market is competitive, so you have to differentiate yourself from the rest. Having said that, tourism relies on relationships with your competitors, partners, staff and, of course, the clients. I make it my mission to be on my own tours at least once a month, so that I can see what the audience is doing on the bus, how they are reacting to the guiding system, and what is happening on the roads, the pavements and at the stops. We then also encourage as much feedback as possible, whether it’s via email, a telephone call or a review, in order to improve the experience as much as possible for the customer. Then, we work with our partners and fellow businesses. There is an expression that says “a rising tide lifts all the boats”. So when the tide comes into the tourism harbour, it’s important that when your ship goes up, you take the others with you. You cannot only focus on building your own business or brand, you are a representative of brand South Africa. After all, the mission we all have is to turn every tourist into a brand ambassador for our country, spreading their good experiences across the globe.
About the author: Claus Tworeck is the CEO of City Sightseeing − a Cape Town based company that has been in operation since 2002 − and the first bus company in South Africa to be certified carbon neutral. City Sightseeing offer tours around Cape Town and Johannesburg with “hop-on, hop-off” buses that allow visitors to enjoy all the must-see sights and attractions in their own time. Buy tickets here to enjoy a special online discount or visit www.citysightseeing.co.za SEPTEMBER 2016 Tourism Tattler Trade Journal 07
wtd.unwto.org WorldTourismOrganization @UNWTO
08 Tourism Tattler Trade Journal SEPTEMBER 2016
PARTNER FEATURE
SEPTEMBER 2016 Tourism Tattler Trade Journal 09
SPECIAL FEATURE
AFRICA GEO-DIRECTORY PROJECT
Lalibela Game Reserve
SOUTH AFRICA
Eastern Cape
Lalibela Private Game Reserve is located in the Eastern Cape of South Africa, close to Port Elizabeth and the Addo Elephant National Park, which means it is not only malaria free, but spans 5 ecosystems, resulting in a breath-taking diversity of flora and fauna.
Lalibela is unique in the Eastern Cape in that no public roads run through the property, which means that guests have exclusive access to the wildlife area. In addition, all of the animals at Lalibela, including the predators, are free-roaming throughout the entire game reserve.
+27 (0)41 581 8170
Lalibela consists of 8,555 hectares (approximately 21,140 acres) and is home to the Big 5 (lion, elephant, rhino, buffalo & leopard) as well as other predators like cheetah, hyena, jackal & lynx.
The 3 main aspects of any African safari are the game-viewing, the accommodation and the food - at Lalibela special care is taken to ensure that heartfelt service combines with these three “ingredients” to make your Big 5 African safari experience a memorable one.
Twitter.com/lalibela_GR
The game reserve blessed with vast African plains, which is why multitudes of zebra, giraffe, warthog, impala, wildebeest, blesbuck and various other antelope species abound.
In addition to the 3 lodges on the reserve, a 4th lodge is currently under construction and is due to be launched in October 2016.
Lentaba Safari Lodge
Lentaba, the ‘lodge on the hillside’, sleeps 16 people in eight secluded thatched chalets, placed where magnificent indigenous gardens merge into the surrounding bush. The rooms at Lentaba are nicely spread out and each en-suite unit has a private observation deck to make the most of the views over the valley bushveld. The main lodge is decorated in a traditional African safari style and boasts a large lounge, viewing deck and a sunny swimming pool where guests can spend a lazy afternoon. Brunch is served al fresco on the main viewing deck.
The lodge has various places where guests can sit and unwind. There are two decks with commanding views of the valley and waterhole, an inside lounge as well as an outside lounge. Lentaba has three fire places and these add to the great safari ambience that Lentaba is so well known for.
bookings@lalibela.co.za www.lalibela.net www.facebook.com/lalibela
Youtu.be/IJDzmjJlttw
View the Lalibela Game Reserve listing on the Africa Adventure Travel GeoDirectory HERE.
Eastern Cape
+27 (0)41 581 8170 bookings@lalibela.co.za www.lalibela.net
The outdoor dining “boma” has a commanding view of a waterhole which is spotlit after dark for night game viewing.
www.facebook.com/lalibela
The overnight rate at Lentaba Safari Lodge includes accommodation, 2 game drives (evening & morning), all meals and all drinks at Lentaba and on game drives.
Youtu.be/hiU1MT260Vg
10 Tourism Tattler Trade Journal SEPTEMBER 2016
Twitter.com/lalibela_GR
View the Lentaba Safari Lodge listing on the Africa Adventure Travel GeoDirectory HERE.
SOUTH AFRICA
SPECIAL FEATURE
Mark’s Camp
Mark’s Camp is the only lodge within the reserve that caters for families with children. The lodge has a children’s play centre staffed with experienced child minders, and children are taken on their own safari drive excursions in a purpose built 4x4 vehicle.
Eastern Cape
The stone and thatch chalets and main lodge of Mark’s Camp are decorated in a relaxed Pan-African style. Each comfortably furnished chalet has an en-suite bathroom, air conditioners, and ceiling-fans for those warm summer nights. The chalets open up onto your own private viewing deck with views over the surrounding bush and waterhole.
As with the other lodges, Tree Tops has a large lounge and open-air dining deck with a view over a small waterhole. Elephant are regular visitors to this waterhole and there is also a resident group of Nyala who are often seen from the rooms and walkways.
+27 (0)41 581 8170 bookings@lalibela.co.za
One of the appealing features of Mark’s Camp is the abundance of birdlife which can be viewed from the rooms, pool deck (Mark’s Camp has two swimming pools) or central lounge area.
www.lalibela.net
The overnight rate at Mark’s Camp includes accommodation, 2 daily game drives, all meals and all drinks.
Youtu.be/JUegEVA4N40
Tree Tops Safari Lodge
Tree Tops Safari Lodge differs from the other lodges in that it is a tented camp. The luxury safari tents are perched high on thatched platforms at “tree top” level and are joined by raised walkways that afford spectacular views over the thickly-wooded valley.
AFRICA GEO-DIRECTORY PROJECT
Guests can sunbathe around the swimming pool or relax in the shaded gazebo.
www.facebook.com/lalibela Twitter.com/lalibela_GR
View the Mark’s Camp listing on the Africa Adventure Travel GeoDirectory HERE.
Eastern Cape
+27 (0)41 581 8170
Tree Tops Safari Lodge sleeps 10 people in 5 rooms. All rooms are en-suite with canvas walls and thatched roofs, and huge window areas to give guests the feeling of being right in the bush. Each room has a private veranda where guests can sit and relax in privacy.
bookings@lalibela.co.za
Special care and consideration was taken during the construction of Tree Tops to minimise the impact on the valley flora.
Youtu.be/YZNygtt7-UY
www.lalibela.net www.facebook.com/lalibelaTreeTops Twitter.com/lalibela_GR
View the Tree Tops Safari Lodge listing on the Africa Adventure Travel GeoDirectory HERE. SEPTEMBER 2016 Tourism Tattler Trade Journal 11
BUSINESS
Visas in Africa for
12 Tourism Tattler Trade Journal SEPTEMBER 2016
BUSINESS
African Travellers General Visa Requirements in Africa
Africa is increasingly moving towards achieving part of its African Union Agenda 2063, which envisions the abolishment of visa requirements for African citizens by 2018. By Josephine Wawira The recent launch of the Pan-African Passport is a big milestone towards freer movement of people within the continent, a move expected to further integrate Africa. This will in turn create more job opportunities, boost economic growth, increase cultural integration and elevate domestic tourism. While some African countries have become visa open over the years, the majority still have a long way to go, with Africans requiring visas to travel to 55% of other African countries. The Africa Visa Openness Report 2016 further shows that out of the 55 African countries, only 13 offer visa free or visa on arrival to all Africans. The infographic alongside, by Jumia Travel, provides a more comprehensive outlook on visa trends in the continent. A lot of changes are expected in the near future, with the gradual roll out of the unified passport.
Source: Visa Openness Report 2016 by African Development Bank, Project Visa
About the author: Josephine Wawira is a Global PR Assistant at Jumia Travel - Africa’s No.1 hotel booking website, allowing you to get the best prices for more than 25,000 hotels in Africa and more than 200,000 hotels around the world. For more information visit the Jumia website at: www.travel.jumia.com SEPTEMBER 2016 Tourism Tattler Trade Journal 13
BUSINESS & FINANCE BUSINESS
Market Intelligence Report
The information below was extracted from data available as at 30 August 2016. By Martin Jansen van Vuuren of Grant Thornton.
ARRIVALS
The latest available data from Statistics South Africa is for January to June 2016*: Current period
Change over same period last year
222 942
12.7%
UK Germany
142 092
20.7%
USA
163 257
18.6%
India
51 020
27.9%
China (incl Hong Kong) Overseas Arrivals
58 178
63.6%
1 170 148
18.6%
African Arrivals
3 793 492
14.5%
Total Foreign Arrivals
4 969 087
15.4%
Current period
Average Room Occupancy (ARO)
Average Room Rate (ARR)
Revenue Per Available Room (RevPAR)
All Hotels in SA
63.3%
R 1 178
R 745
All 5-star hotels in SA
65.6%
R 2 177
R 1 428
All 4-star hotels in SA
62.8%
R 1 086
R 682
All 3-star hotels in SA
62.6%
R 914
R 572
Change over same period last year All Hotels in SA
3.8%
8.8%
12.9%
All 5-star hotels in SA
5.6%
10.8%
16.9%
All 4-star hotels in SA
4.8%
6.5%
11.6%
All 3-star hotels in SA
3.7%
5.5%
9.4%
ACSA DATA
The latest available data from ACSA is for July 2016:
Change over same period last year Passengers arriving on International Flights OR Tambo International
Passengers arriving on Regional Flights
Passengers arriving on Domestic Flights
3.1%
4.6%
7.2%
Cape Town International
9.8%
24.8%
7.3%
King Shaka International
18.9%
N/A
10.1%
CAR RENTAL DATA The latest available data from SAVRALA is for January to June 2015: Current period Industry rental days Industry utilisation Industry Average daily revenue
Change over same period last year
8 139 127
-1%
70.2%
-0.7%
2 498 944 728
1%
WHAT THIS MEANS FOR MY BUSINESS International arrivals continue to recover from the low base in 2015. With the instability of the Rand, tourism enterprises are urged not to compete on a depreciating currency, but on a solid and quality value proposition. *Note that African Arrivals plus Overseas Arrivals do not add to Total Foreign Arrivals due to the exclusion of unspecified arrivals, which could not be allocated to either African or Overseas.
14 Tourism Tattler Trade Journal SEPTEMBER 2016
For more information contact Martin at Grant Thornton on +27 (0)21 417 8838 or visit: http://www.gt.co.za
HOTEL STATS
The latest available data from STR Global is for January to June 2016:
COMPETITION
The winning 'Like' or 'Share' during the month of September 2016 will receive 2 CDs: 1x Essential South African Jazz (the Jo’burg sessions) CD plus 1x Songs & Stories of Africa CD with the compliments of Livingstones Supply Co – Suppliers of the Finest Products to the Hospitality Industry.
Wi n
'Like' / 'Share' / 'Connect' with these Social Media icons to win!
Livingston Supply Company
+
TourismTattler Competition Rules: Only one winner will be selected each month on a random selection draw basis. The prize winner will be notified via social media. The prize will be delivered by the sponsor to the winners postal address within South Africa. Should the winner reside outside of South Africa, delivery charges may be applicable. The prize may not be exchanged for cash.
•
Win ne r
Congratulations to our August 2016 Social Media winner
@PrideLodgesZA
Specialising in the lodges of the Sabi Sand Reserve, Pride Lodges has been selected as our prize winner for August. Pride Lodges will receive 1x Kalahari fragrance candle (wild honey blend) plus 2x Glodina Luxury Hand towels (710gsm – Storm blue colour) with the compliments of Livingstones Supply Co – Suppliers of the Finest Products to the Hospitality Industry. For more information visit www.livingstonessupplyco.com
SEPTEMBER 2016 Tourism Tattler Trade Journal 15
DESTINATIONS
Exploring
ANTIGUA Resorts “Back can wait, but not belly” is a well-known Antiguan saying. Whether this refers to a massage before lunch I never found out but luxury is very much on offer in the following four Leeward Islands resorts of Antigua and Barbuda. By Adam Jacot de Boinod
Image: North Beach Hotel & Resort, Barbuda - www.barbudanorthbeach.com
North Beach Hotel & Resort I flew first to Barbuda − sometimes it’s worth going the extra mile. Barbuda North Beach Hotel provides the ultimate setting for remoteness in a simple weathered guesthouse. Utterly relaxing and deserted. Close to long unspoilt strands of pink beach. Perfect for honeymooners, naturists, twitchers, hermits and watercolourists. This guesthouse is set on the Northern shores of the island and is a 15 minute boat trip from the quay or airport at Codrington. It is in full view of the breaking reefs where the Caribbean Sea joins the Atlantic Ocean. Opposite is the Caribbean’s longest beach of 17 miles of pink sand and transparent water, which the locals call ‘The River’. The rooms of this guesthouse are charmingly honest and
16 Tourism Tattler Trade Journal SEPTEMBER 2016
Image: Carlisle Bay Tesort, Antgua - www.carlisle-bay.com
have a seafaring weathered feel, decorated with seashells and driftwood. Schools of stingrays and mullet flit in the translucent shallows. The excellent food is confidently served rather than off a menu. You can hire the whole place. It only sleeps twelve. There’s no one for miles apart from Douglas the donkey so there’s no need even for room keys. Utterly liberating!
Carlisle Bay Resort Next I came back to Antigua and Carlisle Bay. It’s a high-class resort in a beautiful sheltered bay set amongst forested hills. Ideal for honeymooners or families, Carlisle offers luxurious beach fronted or garden rooms as well as a choice of four restaurants. Open now for twelve years with 82 suites, the clientele comprises of 65% Brits and 30%
Americans. It is designed as a country club with nine tennis courts, a spa, a library and a specialist kids’ area. The foyer is discreet and welcoming. The wicker, wood, cotton and pebbles help blend the interiors in with their environment. It has a half-colonial, halfnautical feel. The Indigo is the pick of the restaurants. The menu caters for the health conscious offering amazing ‘catch of the day’ lunches. The trees virtually cover the architecture showing only the white umbrellas picking up the white waves. In the beach rooms the lapping water and sand is a few feet away. It’s all about luxury amongst whispering waves and swooshing coconut trees.
Keyonna Beach Resort Then onto Keyonna Beach Resort, which
DESTINATIONS
Image: Keyonna Beach Resort, Antigua - www.keyonnabeachresortantigua.com
is set on Turners Beach close to the amazing blue waters of Valley Church Bay. Ideal for a youngish crowd with simple unrefined cabins. Honest fayre to enjoy under the shade of an old grape tree. This set of beach houses is ideal for sun lovers happy to chill in its weathered environment and honest décor. There’s a special ambience of ‘inside-outside’ in which to relax out of the sun but still be close to the sea breeze. At the end of a little floral path are the rustic rooms. The darkwood and white theme of the reception continues into the flooring, bathroom and outdoor shower of the rooms. The French doors and patios open onto a lawn and the sea beyond. The food includes the local Butterfish and Banga Mary fish. But
Image: Nonsuch Bay Resort - www.nonsuchbayresort.com
despite a regular ‘fogging’ beware of the mosquitos!
Nonsuch Bay Resort And finally to Nonsuch Bay Resort, which is a hillside resort offering self-accommodation, and is ideal for families or seafarers, and great for sailing and kite-surfers. Communal parts have a Mediterranean feel with a view over the bay. This resort is pleasantly unobtrusive. Set in forty acres, the hotel’s precipice focuses on the secluded bay. It is made up of beach cottages, apartments and villas. The rooms are all self-accommodation with a recent additional all-inclusive offer of the restaurant. The decor has a blend of natural wood and wicker. The resort feels very Mediterranean perched upon a steep rock face. It has an
aspect of dark blue sea and an approach of palmed avenues. On the cliff top by the restaurant is an infinity pool looking directly out to sea and Small Bird Island. The menu is confidently small boasting seafood crepe as well as lightly blackened swordfish. To compensate for an average beach there’s Green Island, with her picture-perfect whitesand only a short boat ride away. Belly up time indeed! About the author: Adam Jacot de Boinod worked for Stephen Fry on the first series of QI, the BBC programme. Adam is the author of The Meaning of Tingo and Other Extraordinary Words from around the World, published by Penguin Books. While researching this article, Adam travelled via Gatwick Express with support from The Holiday Place (www.holidayplace.co.uk).
SEPTEMBER 2016 Tourism Tattler Trade Journal 17
ENVIRONMENT
Lalibela Game Reserve Launches
Environmental Rehabilitation Project A long term project that aims to eradicate alien plant species and re-introduce endemic flora is underway at Lalibela Game Reserve, located in the malaria-free Eastern Cape province of South Africa. By Des langkilde. Following the sale of Lalibela Game Reserve and the subsequent purchase of additional farm land (read more here), the new owners have embarked on an aggressive project to rid the reserve of all alien invader plant and tree species. “This is a very costly and ambitious undertaking but one that will rank among the more important conservation initiatives in the region,” says Lalibela Game Reserve’s Managing Director, Rob Gradwell. “Besides the conservation value, this initiative will also create much needed jobs for local communities, both directly and indirectly.” I visited Lalibela to get an idea of the scope and complexity of this ambitious project, and was surprised to see the progress that has already been made in such a short time span. To put this project into perspective, consider that the reserve now extends across 8,555 hectares, and while 92.5% of the land is pristine indigenous bush, 7.5% is blighted with isolated pockets of inherited alien tree plantations, consisting mostly of black wattle (Acacia mearnsii). Alien weeds such as Jimsonweed (datura stramonium), known locally as Stinkweed or Malpitte (Afrikaans for ‘mad seeds’) is also prevalent. 18 Tourism Tattler Trade Journal SEPTEMBER 2016
“Unchecked, these alien trees will ultimately choke out the indigenous plant species, rapidly reducing the available habitat and food source necessary to maintain a balanced eco-system. A study has shown that a mature wattle forest can have up to 70,000 seeds per square meter of forest litter, so whilst alien flora only covers a small part of the reserve, if left unchecked it can become a major problem,” Rob told me as we traversed the reserve. I’d done some research on the subject prior to meeting up with Rob, and discovered that in South Africa, thirteen types of acacia are classified as invasive. These are classified into categories, with Category 1 being invader plants that must be removed and destroyed immediately; Category 2 plants that may be grown under controlled conditions only, and Category 3 plants that may no longer be planted in the country. (Source: www.environment.co.za). The common names for these thirteen acacia species (with corresponding invasive plant category) are: Black wattle (2), Bailey’s wattle (3), Rooikrans (2), Silver wattle (1), Green wattle (2), Pepper tree wattle (3), Screw – pod wattle (1), Long – leaved wattle (1), Australian blackwood (2), Kangaroo wattle (1), Pearl acacia (3), Golden wattle (1), and the Port Jackson willow (2).
ENVIRONMENT
▼
A caterpillar machine with mounted pneumatic earth digger arm is used to push black wattle branches into piles and to dig the remaining trunks and roots out of the earth.
▼ Timber! Another black wattle tree is felled by a worker using a chain saw.
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An aerial view of Lentaba Lodge at Lalibela Game Reserve, showing the pristine natural flora that flourishes in the valleys and riverain areas of the big-5 game reserve.
▼ Black wattle tree trunks, stripped of foliage, are loaded onto a truck.
Black wattle is regarded as an environmental weed in many parts of the world. It has been nominated as among 100 of the ‘World’s Worst’ invaders by the IUCN Invasive Species Specialist Group. Rob and I visited a wattle grove on the reserve that is currently being cut down by teams of workers using chain saws. The tree trunks were being cut about a meter above ground level, and the foliage branches trimmed from the trunks, while a second team of workers gathered the poles into piles along the dirt road, and a third team were busy loading the poles onto a truck. A large yellow caterpillar machine with mounted pneumatic earth digger arm was busy pushing foliage branches into piles and digging the remaining wattle trunks and roots out of the earth. I asked Rob what the wood is commonly used for. “The larger logs will be converted to charcoal for supply to the mining industry, while smaller green timber is put through a shaver to be converted to bedding for the poultry industry and a myriad of other applications. Sub viable timber is stacked for use as fuel and firewood at the reserve lodges,” he replied. And what becomes of the unearthed tree roots? I asked. “They are left to dry and burned to ash when favourable wind conditions prevail. The ash is then spread across the now barren
▼ An example of what the cleared wattle site will eventually look like - natural savannah grassland.
earth, to enrich the denuded soil with phosphates, after which indigenous grass seeds are sown. “The new grass will not stop the millions of wattle seeds from germinating, but it will create competition for nutrients and light, which will hopefully limit the number of wattle seed sprouts. “Add to this the effect of antelope grazing on the grass and inadvertently pulling new wattle shoots with each mouthful, and we may have a chance at beating the tide of wattle regrowth,” Rob concluded. In parting, Rob Gradwell had this to say: “We at Lalibela are determined to persist with this challenge to not only rid ourselves of this conservation threat, but also to enhance the overall guest experience for future visitors. “Our request to the travel trade is that they contribute to this initiative by bearing with us through this sometimes unsightly process. The end result will be a triumph for ourselves and hopefully an inspiration to others faced with a similar threat. We are doing our bit and thank you for allowing us to continue our fight against alien invasive flora through your guests valued stay with us on our piece of African paradise.” For more information visit www.lalibela.net SEPTEMBER 2016 Tourism Tattler Trade Journal 19
ENVIRONMENT
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Silver wattle (Acacia dealbata) foliage and flowers. The flowers and tip shoots are harvested for use as cut flowers, when it is known in the florist trade as ‘mimosa’.
20 Tourism Tattler Trade Journal SEPTEMBER 2016
ENVIRONMENT
▼
Black wattle (Acacia mearnsii) seed pods. A mature wattle forest can have up to 70,000 seeds per square meter of forest litter. Seeds may remain viable for up to 50 years.
THE WAR AGAINST ALIEN INVASIVE TREES IN SOUTH AFRICA The ‘big guns’ in the arsenal of invaders are the Australian wattles (Acacia spp.), gum trees (Eucalyptus spp.), pines, poplars, weeping willows and mesquite. By 2010, these plants had spread over 16% of South Africa’s land area – some 20 million hectares – which is dramatically greater than their estimated footprint from fifteen years earlier. There are 981 species of wattles or acacias (racosperma), and all but 10 of these are native to Australia. Thirteen types of acacia are classified as invasive plants in South Africa (read more on page 18). Many alien invasive plants change the chemical composition of the soil in which they grow. Black wattles, for instance, load the soil with nitrogen, impacting threatened grassland species that thrive on low nitrogen soils and modifying the environment for other invaders. Gum trees poison the soil for other plants. The result is that indigenous plants die out around these trees. Other invaders might be toxic or unpalatable to grazing animals and often out-compete fodder plants – thus reducing the food source available for livestock. Research estimates that if invaders are allowed to spread, they could reduce the country’s carrying capacity for large grazing animals by more than two-thirds. Similarly these invaders change the fire pattern in the area, which can be catastrophic, even for fire-adapted vegetation types like fynbos and grasslands. The trees grow big, with heavy wooden stems and branches, and therefore carry a higher fuel load. When fire burns through a forest of black wattles, instead of moving through hot and fast, as it would in indigenous vegetation, the fire will burn much longer. This bakes the soil and kills indigenous seeds. Scientists have long suspected that dense thickets of alien invasive plants are much thirstier than their indigenous counterparts. To understand precisely how much water they use, researchers from the University of KwaZulu-Natal and the Council for Scientific and Industrial Research (CSIR)
set up a monitoring process over a period of thirteen years, which proved that black wattle can consume up to 44 percent of the water out of a catchment area.
Other experiments from around the country show that heavily invaded patches of black wattle, gum or pine trees use even more water than this, further impacting stream flow and water quality. In areas where these stands of invasive species have been cleared from the water catchments, streams and rivers have begun to flow again after being dry for years, thus reinvigorating the defunct ecosystem. The environmental decay that comes with this sort of invasion is like a form of pollution. But unlike an oil spill or litter dumped in the veld, this form of pollution self-replicates. Once these invasive species have gained enough momentum, they keep on spreading. Black wattle seeds, for instance, can remain viable in the soil for up to half a century. According to the National Biodiversity Assessment 2011, scientists calculate that the profuse mass of invasive plants uses about 7% of the country’s total annual runoff (equivalent to 18 large dams), water which should end up in our rivers and dams. If left unchecked, they will continue to spread, eventually using up nearly 60% of our yearly runoff. But their impact isn’t just on the volume of water they absorb. When it rains, instead of the water being slowed down by grass and shrubs, and percolating down into the soil to recharge the groundwater and trickle through to nearby rivers, the water rushes across the surface of the ground, shearing off layer upon layer of top soil. Rivers become clogged with this sediment. Researchers estimate that South Africa now loses the equivalent of R6.5 billion worth of ecosystem services annually due to the dramatic expansion of these invaders. The message is clear: if we want to rehabilitate South Africa’s savanna biome to its former glory, and conserve already scarce water reserves, invasive alien trees need to be eradicated. This is not a once-off effort, but will need to be maintained for decades. Published with acknowledgement to the South African National Biodiversity Institute (SANBI) publication: Ecological infrastructure, Case study 2, Water thieves.
SEPTEMBER 2016 Tourism Tattler Trade Journal 21
EVENTS
IIPT Global Peace Park Project
Call for Africa Nominations:
An initiative of the International Institute for Peace Through Tourism (IIPT), in collaboration with the International Coalition of Tourism Partners (ICTP) and SKAL International, the IIPT Global Peace Parks Project aims to circle the earth with over 2,000 Peace Parks by 21 September 2017 (the UN International Day of Peace). By Des Langkilde As a media partner to (and member of) both IIPT and ICTP, Tourism Tattler is supporting the IIPT Global Peace Park Project initiative by offering extensive editorial coverage to all Africa based tourism stakeholders who dedicate a piece of land and unveil their peace park dedication ceremony to coincide with the United Nations International Day of Peace on 21 September 2017. Who can dedicate a IIPT Peace Park? The IIPT Global Peace Park Project is open to Public and Private initiatives. They can be public sector national landmarks within a country, a section within a city, town, village and rural area, such as public parks or beaches, an official walking trail or a tourism route. In the private sector they can be a dedicated section within a game reserve, or a garden in a hotel or holiday resort property. There are over 400 IIPT Peace Parks dotting the globe, with seven notable IIPT Peace Parks in Africa: at the Uganda Martyr’s Basilica, Namugongo, Uganda; the Dag Hammarskjold Memorial site, Ndola, Zambia; Victoria Falls, Livingstone, Zambia; Dar es Salaam, Tanzania; and three in South Africa: at God’s Window in Mpumalanga, Pietermaritzburg, KwaZulu-Natal, and Ekurhuleni, Gauteng An additional eight IIPT Peace Parks are incorporated as part of IIPT/ Skal Cities, Towns and Villages of Peace Program in South Africa: Knysna, and Stellenbosch, Western Cape; Skills Village 2030, Cullinan, Rayton, Overwacht, Alexandra Township and Dinokeng Game Reserve all in Gauteng Province. The IIPT Global Peace Parks Project provides an ideal platform for the tourism industry in Africa to showcase its unique tourist 22 Tourism Tattler Trade Journal SEPTEMBER 2016
attractions to a global audience, and to make a powerful statement on the continent’s, and your tourism product’s, commitment to fostering peace in Africa. What is an IIPT Peace Park? For centuries the natural space between trees has been considered sacrosanct. Ancient cultures beginning with the Greeks and the Vikings believed that such a space was ‘Bosco Sacro’ – the Sacred Space. Other first nations dwelt on the spirituality that existed in the metaphor of the tree; a Tree’s roots grasp the earth and are nurtured by it, while its branches reach out to the endless possibilities of the heavens. Using the ‘Bosco Sacro’ concept, the original IIPT Peace Parks in Canada incorporated 12 trees as a symbolic link with one another, and with nature – and as a symbol of hope for the future. The 12 trees were also symbolic of Canada’s 10 Provinces and two Territories. However, this can be a number of trees that is particularly symbolic to the city, town or village. Founded by IIPT president Louis D’Amore in 1992 to coincide with the 125th anniversary of the Canadian Confederation (July 1, 1867), ‘Peace Parks Across Canada’ served as the foundation for an ‘IIPT Global Peace Parks Program’, which was launched at Bethany Beyond the Jordan, the baptismal site of Christ, on the 11th hour, of the 11th day, of the 11th month, 2000 – the first year of the new Millennium, as a legacy of the IIPT Global Summit in Amman, Jordan.
EVENTS
IIPT Credo Of The Peaceful Traveller Grateful for the opportunity to travel and experience the world and because peace begins with the individual, I affirm my personal responsibility and commitment to: • Journey with an open mind and gentle heart; • Accept with grace and gratitude the diversity I encounter; • Revere and protect the natural environment which sustains all life; • Appreciate all cultures I discover; • Respect and thank my hosts for their welcome; • Offer my hand in friendship to everyone I meet; • Support travel services that share these views and act upon them and, • By my spirit, words and actions, encourage others to travel the world in peace. IIPT President Louis D’Amore planting the first peace tree at the Uganda Martyr’s Basilica, Namugongo – The Uganda Martyr’s Trail was launched on the same occasion as a legacy of the IIPT Third African Conference.
The objective of the IIPTPeace Park is to: • Nurture the growth of peace and understanding at home and throughout the world. • Enhance awareness of a community’s commitment to peace. • Create a common ground for members of the community to come together in celebration of their nation’s people, land, and heritage, and the common future of all humankind. • Provide a place of reflection on our connectedness to one another as a Global Family and to the earth of which we are all a part. The Peace Park should include a plaque designating the park as an IIPT Peace Park – date of the dedication – and appropriate quotation relating to peace, or the IIPT Credo of the Peaceful Traveller. For public sector Peace Parks it is advisable to conduct workshops with representatives of the diverse civic organizations and population segments to reflect on the concept of peace – and what peace means to the community. How this concept of Peace might be reflected in the dedication of the Peace Park and thereafter with activities in the Park. IIPT and ICTP request that all parks dedicated prior to 21 September, 2017 – be re-dedicated on that date in a demonstration of solidarity and peace around the world – and with the aim of creating a global media event in support of Peace and Sustainable Development – during the UN International Year of Sustainable Tourism for Development..
How do you register your IIPT Peace Park? All IIPT Peace Parks are subject to approval by the IIPT and ICTP. To register go to www.ictp.travel/peace-park fill-in the form, attach a photo, plan or document in Word / PDF file format, and explain the name, details of the park, and exact location of your dedication in the space provided. There is an administration fee of $500.00 (USD) for public parks and $1000.00 (USD) for parks on private property. Fees for charities and certain non-profit projects can be waived. The administration fee includes your official listing as an IIPT Peace Park on the IIPT and ICTP web portals. It will also include a joint IIPT / ICTP press release. Renewing your pledge on a yearly basis will support IIPT and ICTP activities, but is not mandatory to keep your status as an IIPT Peace Park once approved. Apply to be nominated as an IIPT Peace Park HERE. About the IIPT: The International Institute for Peace through Tourism (IIPT) is a not for profit organization dedicated to fostering travel and tourism initiatives that contribute to international understanding and cooperation, an improved quality of environment, the preservation of heritage, poverty reduction, and healing wounds of conflict; and through these initiatives, helping to bring about a peaceful and sustainable world. It is founded on a vision of the world’s largest industry – travel and tourism – becoming the world’s first global peace industry; and the belief that every traveller is potentially an “Ambassador for Peace.” For more information visit the IIPT website: www.iipt.org SEPTEMBER 2016 Tourism Tattler Trade Journal 23
LEGAL SUMMARY: (Click on the MONTH / YEAR to download the PDF) Part 1 (page 36 AUG 2014), categorised risk into five sections; 1. PEOPLE, 2. MONEY, 3. LAW, 4. SERVICE and 5. ECOLOGY. Part 2 (page 22 SEP 2014), covered PEOPLE under four sub-categories: Staff (discussed in Part 1); Third party service providers (‘TPSP’); and Business Associates. Part 3 (page 24 OCT 2014), continued with PEOPLE as Customers.
RISK
IN TOURISM THE LAW: CONTRACTS - Part 21 -
Enforcing Your Contract: Homework – What To Do Before You Go Ahead
Part 4 (page 27 NOV 2014), started the discussion on MONEY in terms of CASH and CHEQUES. Part 5 (page 23 DEC 2014), covered CREDIT and CREDIT CARDS. Part 6 (page 25 JAN 2015), started the LAW category with CONTRACTS - an introduction and Requisite #1: Offer & Acceptance. Part 7 (page 18 FEB 2015), continued with Requisite #1 covering telephone enquiries, e-mails, websites and advertising. Part 8 (page 17 MAR 2015), covered Requisites #2: Legally Binding Obligation, and #3: Consensus in contracts. Part 9 (page 20 APR 2015), covered Requisite #4: Performance Must Be Possible. Part 10 (page 31 MAY 2015), covered Requisites #5: Performance Must Be Permissible, and #6: Capacity of the Contracting Parties. Part 11 (page 21 JUN 2015), continued with Requisite #6: Capacity of the Contracting Parties. Part 12 (page 23 JUL 2015), covered Requisite #7 Negotiating a Contract. Part 13 (page 30 AUG 2015), covered Requisite #8 Drafting a Contract. Part 14 (page 30 OCT 2015), covered Requisite #9 Contract Management. Part 15 (page 26 NOV 2015), covered Requisite #10 Enforcing a Contract Part 16 (page 22 DEC 2016), Requisite #10 Enforcing a Contract (cont’d) Part 17 (page 23 JAN 2016), Requisite #10 Enforcing a Contract (cont’d) Part 18 (page 23 MAY 2016), Requisite #10 Enforcing a Contract (cont’d) Part 19 (page 24 JUN 2016), Requisite #10 Enforcing a Contract (cont’d) Part 20 (page 32 JUL 2016), Requisite #10 Enforcing a Contract (cont’d)
HAVE THE REQUISITES BEEN MET? (continued) The eighth and final question regarding requisites is whether the document has met the requirement that the Obligations must be certain or ascertainable (i.e. the 8th requisite for a binding contract). It is a requirement that the performance must be determined in or determinable (certain or ascertainable) from the contract. This means that the product or service to emanate from the contract must be specifically described in the contract or there must be in the contract a clearly worded formula from which the product or service can be determined. If the contract is so poorly worded that the performance is not, or cannot, be determined with any degree of certainty, then the agreement will be declared to be “void for vagueness” and will be of no force or effect. As stated above, the agreement can therefore either describe specifically what the performance is to be (e.g. the customer will fly from Johannesburg to Cape Town on SAA; the price will be increased by 10% annually) or the agreement can provide a formula (e.g. the customer will fly from Johannesburg to Cape Town on the cheapest available flight or the price will be increased in line with the Consumer Price Index (CPI).
as, in the context of the contract, it did not create ‘certain or ascertainable terms’ (Namibia Minerals v Benguela Concessions - 1997 AD). It can also be said that it was too subjective (see below*). It has been found that an undertaking to pay ‘as soon as possible’ is objectively determinable (and not in the payers exclusive discretion*), thus not making the contract void for vagueness (Sadie v Annandale – 1992 O). The words ‘secure a buyer for the property’ was held to a ‘certain obligation’ in Moipolai v Moipolai (1992 BGD). It has also been held that the use of the word ‘etcetera’ , used in the right context, is not vague (Lews v Oneanate - 1992 AD) The word ‘unsuccessful’ with reference to a contingency fee arrangement where the attorney would collect no fees and only charge disbursements if collections were ‘unsuccessful’, was held to be ambiguous (Odendaalsrus Local Transitional Council v Snyman – 2000 SCA).
Take note also of the following interesting extracts from case law: ‘A mistaken motive, even if common, cannot invalidate a contract, unless the motive is expressly made part of the contract or a misrepresentation is present’ (van Reenen Steel vs Smith).
Where a lease agreement entitles a lessee to vary the rental if extraneous factors exist i.e. petrol price makes his business uneconomical, the court will assess the extent to which such right is linked to objective measures so as to determine whether the lessee has an ‘unfettered right’ and/or whether the conditions are vague. It found such objective measures in the words ‘reasonable grounds’ and the changed circumstances (i.e. petrol price regulation by government), which are by definition beyond the control of the lessee and was furthermore of the view that the provision was not vague (Engen v Kommandonek – 2001 W).
The following wording was also held to be void for vagueness: ‘in the event that (the investor) is not satisfied with the venture returns’,
Disclaimer: This article is intended to provide a brief overview of legal matters pertaining to the travel and tourism industry and is not intended as legal advice. © Adv Louis Nel, 'Louis The Lawyer', September 2016.
I have found this aspect is often overlooked in property leases with reference to the square meterage and bank rates on interest (which bank?).
24 Tourism Tattler Trade Journal SEPTEMBER2016
LEGAL
This series of articles explores the legal aspects associated with the risks of operating an adventure tourism business, with specific relevance to the legal framework applicable to South Africa. Part 1 can be found on page 25 of the June 2016 edition and Part 2 on page 33 of the August edition here.
Part 3 By ‘Louis The Lawyer’
ADVENTURE TOURISM from a legal perspective Part 1 provided definitions for the term Adventure, while Part 2 looked at risk in terms of Nationality of Participant, Service Providers, Bookings, and Terms & Conditions. Clearly the topic gives rise to many issues as the word ‘adventure’ implies a definite element of risk and with it issues such liability, responsibility, accountability and insurance. Furthermore the fact that many of the activities listed in the previous two articles take place in natural environments means the impact thereof on nature and surrounds need to be addressed – the latter is not only about the participant footprint but also the difficulty of access in the case of an emergency and communications. INDEMNITY Urban legend will have you believe that an indemnity is not worth the paper it is written on – sure it can be contested in court but if properly drafted and applied (see below) it should not only assist the insured in negotiating a (higher) deductible and a lower premium, but it is a very useful bargaining chip in settlement negotiations and may well get you ‘Off the hook’! The bottom line is that it is legal and enforceable. However, as alluded to above, it is imperative that it is properly ‘applied’ and inter alia all the Consumer Protection Act, Act 68 of 2008 (‘the CPA’) requirements must be met regarding the wording and in the lead up to and signature thereof (see below).
Image courtesy of Canopy Tours
One of the most important aspects is a detailed briefing of participants well before they engage in the activity – this must be done verbally and it can be supplemented by a document but the latter must be supplementary and not a substitute! CPA REQUIREMENTS What are the CPA requirements? Here is a brief summary: Section 22 – all your documents (including your website and signage) must be in
plain language and this pertains not only to grammar but also to diagrams. Section 41 – you must ensure that the participant has no ‘misapprehension’ e.g. is not confused, hence my suggestion that the briefing must be verbal as by doing so, you can observe the party’s body language – the CPA requires of you to correct any such misapprehension! This may well result from an innocent or unintended ‘exaggeration, innuendo or ambiguity’ which is outlawed by this section, as is any ‘false, misleading or deceptive representation concerning a material fact’. Section 48 – deals with terms and conditions that are ‘excessively one-sided, inequitable’ and, as with section 41, representations that are ‘false, misleading or deceptive’ (This section must be read in detail with regulation 45). Section 49 – risks that are usually encountered in adventure tourism may well be linked to potential ‘serious injury or death’ or be of an ‘unusual character’, over and above which an indemnity or waiver and the concomitant assumption of risk clearly fall within the ambit of this section. Consequently such risks must be clearly explained (see ‘Briefing’ above) AND accepted by participants and this must take place as early as possible e.g. not when they are on the point of participating but the ‘earlier of’ when they enter into the contract, pay or participate. The reason the CPA stipulates is to enable the participant to ‘receive and comprehend’ the implications – clearly not the case when a participant is presented with an indemnity as he is about to bungee jump or get into a kayak! Section 51 – outlaws the exclusion of, or limitation of, liability for/to gross negligence and such an agreement (e.g. indemnity) will be null and void! Section 61 – this is the so-called no fault/ absolute liability provision and is linked to faulty equipment and/or inadequate instructions (see ‘Briefing’ above). To be continued in Part 4.
Disclaimer: This article is intended to provide a brief overview of legal matters pertaining to the tadventure tourism industry and is not intended as legal advice. © Adv Louis Nel, 'Louis The Lawyer', September 2016.
SEPTEMBER 2016 Tourism Tattler Trade Journal 25
MARKETING
Online Platforms for
SAFARI BUSINESSES With thousands of safari lodges located in national and private game reserves spread across Africa, inbound safari travel specialists are find it increasingly difficult to keep abreast of product and rate changes. To solve this dilemma, Mirada Travel Media has launched two online platforms that provide unique solutions for both buyers and sellers of safari product. By Des Langkilde Imagine these two scenarios: Scenario 1 The Buyer. ACME Travel & Tours specialise in selling bespoke safari excursions to their adventurous and well heeled clients across North America. After years of attending travel trade shows and product FAM trips, ACME have developed an impressive database of safari lodges, but keeping the database current is a constant chore that requires hours of updating by cross referencing with emails and websites. To add to ACME’s workload, their traditional client profile of ‘Silver Bullets’ has progressively changed to ‘Millennials’ as sons and daughters follow their parents passion for safari holidays. Additionally, these new clients are more environmentally conscious, and want to visit lodges that have responsible tourism initiatives in place. And they want to visit African countries that ACME have not traditionally catered for. If only there were a single repository where safari product owners could update their own information!
Scenario 2 The Seller. ABC Private Game Reserve in the malaria-free Eastern Cape province of South Africa has just launched a new 10-bed tented camp, which has created much needed jobs for the local community. In addition, the reserve has embarked on an ambitious eco-friendly project to rid the land of alien invasive flora, and added Small-5 walking safaris to its Big-5 game drive safari offering for guests. Getting these facts out to travel buyers is a priority. If only there were a single repository where they could update this information and automatically reach travel buyers! 26 Tourism Tattler Trade Journal SEPTEMBER 2016
The Solution For the Seller. Safarilink provides a cloud based solution for safari lodges to get their product’s details in front of the people who matter the most − the thousands of specialist safari travel designers who are looking for information on safari camps, lodges and experiences to include in their client’s safari itineraries. Best of all, the Bronze Subscription to Safarilink is free (no set-up fee), and includes: • Self Managed Account (managed by you or your marketing representation team); • Sales Collateral Distribution (automatic distribution of your sales collateral to over 5,500 ‘safari specialist’ travel designers); • Agent Connect (connects qualified products with a maximum of 20 Agent Connections using a unique matching algorithm based on the product and buyers profiles); • News Updates (broadcasts news/specials to buyers connected to • your product instantly with guaranteed delivery) to all Safari Guild members; • Social Media (keep all of your social media and Trip Advisor feeds in one place for buyers to link to); • Safari Awards Nomination (automatic nomination for The Safari Awards with your product’s dedicated Safari Awards page). To leverage more exposure from the Safarilink listing, a Silver Subscription at $575 (USD) per year, adds the following benefits: • Social Media Re-broadcast (Reach approx. 9000 followers on Twitter and Facebook); • Unlimited Agent Connections; • Safari Awards Voting Info (Access to your Safari Awards voting scores along with any comments left by your voters. These independently sourced testimonials can be a powerful marketing tool for your product); • Logo Download (Access to official Safari Awards logos for use in print and online). • A new Silver Level feature is being launched from 16 September, whereby buyers can post a booking enquiry and sellers can quote based on availaibility direct through Safarilink.
MARKETING
And finally, a Gold Subscription upgrade option is available at $975 (USD) per year, which includes all of the above benefits plus a Fully Managed Account (managed by your Safarilink account manager), and the ability for sellers to look at their ‘matching agents’. For the Buyer. The Safari Guild is a cloud based platform dedicated to travel professionals who sell safaris. Safari product knowledge on over one thousand safari lodges, camps and operators in Africa, is shared with over 5,500 travel buyer members globally. Safari Guild is free to join for ‘bona fide’ travel professionals and provides members with property profiles, comments from consumers and agents, social media feeds, awards performance, product descriptions, rates, images and a tailored newsfeed that keeps you updated on special offers, product updates and general safarirelated news, based on your keyword profile.
Added Value Adding impetus to the above, or rather the precursor to these initiatives, The Safari Awards is a well established and respected marketing platform. Now in its 10th year, the awards are held annually and provide a platform for agents and consumers to vote on the 1000+ safari lodges/camps listed on Safarilink. An average of 14,500 votes have been made over the past three years.
“Developing a dynamic collaborative resource to provide credible and independent information to travel professionals, and thereby improving the service they provide to their clients, has been the main motivator behind establishing these platforms for sellers of safaris in Africa, and for buyers of safaris to Africa,” says Henry Hallward, Founder and Publisher of the Mirada Travel Group. “The Safari Guild in particular has an important role to play by influencing the debate on how best to manage and protect dwindling wildlife resources, by working with the people who own it. When most of the large safari brands are owned by private equity and venture capital companies, all with a close eye on profitability, sometimes at any expense, someone has to provide a counterbalance. “Our expectation is that travel professionals who engage with The Safari Guild will, in time, use their influence and buying power to reduce unnecessary exploitation of wildlife resources and encourage and support safari operators to share their gains equitably with the local communities and wildlife conservation entities that enable primary protection of wildlife for future generations,” Hallward concludes.
Local Representation Whilst Mirada’s online services are cloud based, and therefore accessible from anywhere in the world, its management operations are based near Oxford, London, which is an ideal location from which to engage with Africa inbound travel agents, but not necessarily ideal for engaging with safari products in Africa. To solve this dilemma, Mirada have appointed regional representatives in predefined African country zones, all of whom have in-depth knowledge and experience in the local safari industry.
As good as all of these safari marketing platforms are, and they are good (I’ve spent hours going through both the Safarilink and The Safari Guild members’ admin sections to see how it all fits together), there is a more altruistic motivation behind them.
For Zone B, which comprises South Africa, Swaziland, Lesotho, Namibia, Mozambique and Madagascar, yours truly (the author of this article) has been appointed as the regional contact. To book a personal consultation email des@miradatravelgroup.com or call or SMS +27 (0)82 374 7260. SEPTEMBER 2016 Tourism Tattler Trade Journal 27
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Images courtesy of Zoon Cronje Photography - www.zooncronje.com
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PARA DAKAR The Joey Evans Story
From
to
“My legs just dropped to the floor like two pieces of dead meat. I
whispered to the paramedic, not wanting my wife who was near me to hear, that I could not feel my legs. She heard and suddenly we all realized that this was serious. To top it off I thought my mouth was full of dirt and stones and I was spitting it out. It turned out to be my teeth.” South African, Joey Evans account of his accident. (Read his story on www.fromparatodakar.co.za)
October the 13th 2007 will be indelibly etched in the memories of Joey and his family as the start of a nightmare of mental and physical anguish. Now, standing on the threshold of accomplishing a lifelong dream this humble, unassuming and courageous man is an inspiration to each and every one of us. God knows we need to be inspired by a story like Joey’s. We live in a world dominated by bad news and littered with shattered dreams. And then, every once in a while along comes a “Joey Evans”. Someone who dares to dream. Someone who rises above the odds. Someone who epitomizes the indomitable human spirit. Someone who gives us hope. Someone who suggests that we too can overcome our challenges and that there is indeed a silver lining to even the darkest cloud. Be part of this story The fact is, Joey will line up at the start of the 2017 Dakar Rally − the toughest off road race in the world. He has qualified. He has paid his entry. He has bought his KTM 450 Rally bike. The cost to compete at Dakar is staggering. When the dust settles, Joey will have incurred over a million rand of costs. Unless of course this story goes viral and every one of us commits to be part of this dream. It would be great if a corporate sponsor buys into this incredible story. If a film company buys the rights to “The Joey Evans story”, this would eradicate the financial millstone around Joey’s neck. However, just imagine if worldwide, people like you and me just give a little. After all, rand 10,000 people contributing R100 ($8 USD) will raise 1 Million rand. Support Joey, but also support our right to dream. To overcome. To be part of something greater than ourselves. To have our names on Joeys bike as it rolls to the start line. Tourism Tattler wants to be, together with Joeys amazing wife Meredith and his girls Kayla, Jenna, Tyra and Shawna, part of the Joey Evans family. In a small way we want to support a brave man and a brave family who have reminded us that it is good to live and to love and to dream and to do. No matter what the odds. Joey, we will be with you at the start, and, God willing, we will be with you at the finish. Note: Everyone who makes a contribution to Joeys Dakar fund will have their name on the bodywork of his KTM 450 Rally bike. Joey will keep us all updated with on-going supporters newsletters. Excess funding will go to supporting victims of spinal trauma. Be Part of the Journey! Click here to make a donation. Or get in touch with Joey at: Website: www.fromparatodakar.co.za Facebook: www.facebook.com/fromparatodakar E-mail: joey@fromparatodakar.co.za Tel: +27 (0)83 456 1122 Hashtag: #letsgetjoeytodakar #fromparatodakar SEPTEMBER 2016 Tourism Tattler Trade Journal 29
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Autonomously Driven
CITY BUS FUTURE of the
A Mercedes-Benz Future Bus with CityPilot has driven autonomously for the first time on a route of approximately 20 kilometres in Amsterdam. On a section of the longest bus rapid transit (BRT) line in Europe, the bus drives at speeds up to 70 km/h, stops to the nearest centimetres at bus stops and traffic lights, drives off again automatically, passes through tunnels, brakes for obstacles or pedestrians and communicates with traffic signals. The driver is on board and monitors the system, but with a much easier task than before. Daimler Buses is the world’s first manufacturer to put a city bus into automated operation in a real-life traffic situation. Technology enhanced safety & efficiency
The first step towards fully automated driving with buses in urban traffic consists of BRT lines with separate lanes. The Future Bus recognizes whether the route is suitable for automated driving and informs the driver accordingly. The bus driver then presses a button and CityPilot is activated. One condition is that the driver does not press the accelerator or brake pedal and does not steer, because any driver activity overrules CityPilot – the driver is always in charge of driving and can take over at any time. CityPilot comprises current assistance systems, those used in Mercedes-Benz coaches for example, as well as additional systems, some of which have been taken over from Daimler Trucks and further developed for urban traffic. The equipment includes long- and short-range radar, a large number of cameras and the satellite-controlled GPS navigation system. The intelligent connectivity of the cameras and sensors is pioneering, and allows a precise picture of the surroundings and the exact position of the bus.
On the road in the Future Bus Take Amsterdam as an example: signals from special traffic lights ahead of the bus; two red lights next to each other mean stop, two white lights one above the other mean go ahead. The white lights come on and the bus starts gently and follows its lane. CityPilot recognizes the traffic lights with its sophisticated camera system. In addition, the vehicle communicates via Wi-Fi with the route infrastructure, receiving information on traffic-light status. This means that the bus can take advantage of a “green wave” of traffic lights. Two bridges, a tunnel; the bus safely stays in its lane. After leaving the builtup area, it accelerates to the allowed 70 km/h. The maximum speed is programmed; even at this speed the driver does not steer. The bus arrives at the bus stop in automated mode. It stops, opens and closes the doors, and drives away again. Red lights ahead; the bus independently brakes gently and comes to a standstill safely. While the lights are changing, pedestrians are still crossing the road. The bus waits, lets them cross, and does not drive away until the road is clear. In order to avoid a collision, CityPilot has an automatic braking system that decelerates the vehicles as required. BRT lines are predestined for autonomy The advantages of BRT systems are that they are quick to establish for urban and traffic planners, as well as being inexpensive and flexible. They reduce traffic as well as exhaust and noise emissions, increase journey speeds and thus improve overall quality of life. Daimler Buses has therefore always been a pioneer of such systems. According to experts, there are now about 180 BRT systems on all continents with a total fleet of approximately 40 000 buses. They convey some 30 million passengers every day. New BRT routes are being planned and designed all the time, with advice and support from Daimler Buses traffic experts in cities all over the world, providing a service that is unique in the industry.
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Advertisement sponsored courtesy of Ogilvy & Mather / Tourism Tattler as a service to the travel trade.
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