ISSUE 07 | JULY 2016
NEWS, VIEWS, AND REVIEWS FOR THE TRAVEL TRADE IN, TO AND OUT OF AFRICA
IN THIS ISSUE:
• Accolades • Africa GeoDirectory • Business • Competition • Conservation • Destinations • Events • • Hospitality • Legal • Risk • Safety & Security •
EDITORIAL
.com
IN THIS ISSUE: ISSUE 07 JULY 2016
THE OFFICIAL TRADE JOURNAL ON AFRICAN TOURISM
ACCOLADES 06 World Luxury Spa Awards 08 World Luxury Restaurant Awards
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
SUBSCRIPTIONS
http://eepurl.com/bocldD
BACK ISSUES (Click on the covers below). ▼ JUN 2016
▼ MAY 2016
CONTENTS EDITORIAL 04 Accreditation 05 Cover Story
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
▼ APR 2016
AFRICA GEO-DIRECTORY 10 Sibuya Game Reserve 11 Tintswalo Safari Lodge 11 Harties Horse Trail Safaris 12 The Waffle House BUSINESS 14 SATSA Market Intelligence Report 15 TOMSA Domestic Campaign Launched COMPETITION 18 Win a Kalahari Range Bath Crystals and Fragrance Candle CONSERVATION 20 The Other side of the Rhino War DESTINATION 22 Authentic Phuket
▼ MAR 2016
▼ FEB 2016
▼ JAN 2016
EVENTS 25 Connect with Sports & Events Tourism Experts HOSPITALITY 26 Property Profile: Nuarro Lodge, Mozambique LEGAL 28 The Law of Contracts - Part 20
▼ Dec 2015
▼ Nov 2015
▼ Oct 2015
RISK 28 Understanding Tourism Trade Insurance - Part 6 SAFETY & SECURITY 31 Safety & Communication in Kenya
EDITORIAL CONTRIBUTORS ▼ Sep 2015
▼ Aug 2015
▼ Jul 2015
Adam Jacot de Boinod Adv. Louis Nel
Martin Janse van Vuuren Raynique Ducie
MAGAZINE SPONSORS 03 World Spa & Restaurant Awards 13 Spier Wine Farm 16 UNWTO World Tourism Day
19 The Mozambique Collection 24 WTM-London 36 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 JULY 2016
Promoting Wellness, Awarding Excellence
+27 87 232 7930 I info@luxuryspaawards.com JULY 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: +2786 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: +2711 315 2420/1 • Fax: +2711 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 Africa Tourism Services Association (SATSA) Tel: +2786 127 2872 • Fax: +2711 886 755 • Website: www.satsa.com SATSA is a credibility accreditation body representing the private sector of the inbound tourism industry. SATSA members are Bonded thus providing a financial guarantee against advance deposits held in the event of the involuntary liquidation. SATSA represents: Transport providers, Tour Operators, DMC's, Accommodation Suppliers, Tour Brokers, Adventure Tourism Providers, Business Tourism Providers and Allied Tourism Services providers.
Southern African Vehicle Rental and Leasing Association (SAVRALA) Contact: manager@savrala.co.za • Website: w 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.
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.
World Youth Student and Educational (WYSE) Travel Confederation
The Safari Awards Website: www.safariawards.com Safari Award finalists are amongst the top 3% in Africa and the winners are unquestionably the best.
04 Tourism Tattler Trade Journal JULY 2016
Website: www.wysetc.org WYSE is a global not-for-profit membership organisation.
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.
COVER STORY: The July edition front cover features a pair of cheetah at Tintswalo Safari Lodge in the Manyeleti Game Reserve in Mpumalanga, South Africa (see page 11).
The Destinations section features Thailand’s most popular beaches, high-end seaside resorts, spas and restaurants as experienced by Tourism Tattler foreign correspondent, Adam Jacot de Boinod (page 22).
Classified as vulnerable by the International Union for Conservation of Nature (IUCN), the cheetah has suffered a substantial decline in its historic range, but thanks to the conservation efforts of private game reserves and wildlife sanctuaries, cheetah are being repopulated in their home ranges across eastern and southern Africa.
The Events section reminds readers about the forthcoming World Travel Market Expo in London (page 24), and the Sports & Events Tourism Exchange event in Pretoria (page 25). In the Hospitality section, we profile Nuarro Lodge in Mozambique (page 26). We are auctioning an all inclusive voucher for 2 nights for 2 at Nuarro Lodge. Click here to bid.
In the July edition we also feature Sibuya Game Reserve in the Eastern Cape (page 10), Harties Horse Trail Safaris in Gauteng (page 11), and KwaZulu-Natal’s famous attraction, The Waffle House (page 12). To find these and more Adventure, Accommodation, Attraction and Safari operators visit our recently launched Africa Adventure Travel GeoDirectory. To have your Africa based tourism business listed, simply email editor@tourismtattler.com. In Accolades section of this edition we feature the world’s best luxury spas and restaurants (see pages 6 to 9). In the Business & Finance section of this edition we provide links to Spier Wine Estates’ ‘Winter Slow and Easy’ promotion
Image: Harties Horse Trail Safaris
EDITORIAL
(page 13), report on the latest tourism arrival statistics and hotel stats for South Africa (page 14), and provide an update on the new TOMSA ‘Finders Keepers’ campaign that aims to boost domestic tourism in South Africa (page 15). In the Conservation section, Raynique Ducie reports on the other side of the war against rhino poaching, and provide updated stats on the number of rhino deaths due to poaching versus the number of poacher arrests in South Africa (page 20).
The Legal section continues the series on Contracts with Part 20 (page 28), while the Risk section wraps up the series on Understanding Tourism Insurance with Part 7 (page 29) . And finally, the Safety and Security section looks at safety and communication in Kenya (page 31). In the August edition we will continue to feature new products that list on our Africa GeoDirectory project, and will be covering the tourism transport sector. Yours in Tourism, Des Langkilde.
Image: Sibuya Game Reserve JULY 2016 Tourism Tattler Trade Journal 05
ACCOLADES
Host of the World Luxury Spa and Restaurant Awards - Grand Hotel Kronenhof Pontresina - Switzerland.
Main image: Guerlain Spa at Waldorf Astoria Amsterdam - Netherlands.
AM Lodge Spa - South Africa. 06 Tourism Tattler Trade Journal JULY 2016
Linger Longer - Thailand.
Veli Spa at Kurumba - Maldives.
ACCOLADES
WORLD LUXURY SPA AWARDS
The World Luxury Spa Awards and World Luxury Restaurant Awards are established global organizations providing luxury spas and restaurants with recognition for world-class service excellence provided to guests. Setting the basis for service industry standards around the world, the company prides itself on providing true recognition to luxury spas and restaurants in their relevant categories during the annual voting phase. Votes are garnered through various marketing channels from guests, showcasing yet again the true value of service excellence. The World Luxury Spa and Restaurant Awards inaugural gala ceremony was hosted by the Grand Hotel Kronenhof Pontresina in Switzerland on 18 June 2016, where participants who had competed for top honours globally were awarded on this prestigious occasion on a country, continent and global level. The Grand Hotel Kronenhof is a Swiss National Heritage site and is of huge cultural significance in Europe. Situated 1,800m above sea level in Pontresina, a city founded more than 1,000 years ago, and nestled between the expansive mountains, this magnificent hotel was the perfect setting for this spectacular gala event. Luxury Spa Awards Awards on the night were presented to truly exceptional spas such as the South African AM Lodge Spa, who walked away winning Best Luxury Safari Spa globally, and Thailand based Linger Longer who also achieved a global win for Best Luxury Destination Spa. Veli Spa at Kurumba Maldives achieved Best Luxury Wellness Spa in the Indian Ocean and Guerlain Spa at Waldorf Astoria Amsterdam achieved Best Luxury Hotel Spa in The Netherlands and Best Luxury Beauty Spa in Europe.
Luxury Restaurant Awards
Siyara Spa at Enashipai Resort and Spa - Kenya.
â–ź
Siyara Spa at Enashipai Resort and Spa achieved two wins, Best Luxury Resort Spa in Kenya and Best Luxury Safari Spa in Africa, while Lanserhof Tegernsee was awarded as the Best Luxury Medical Spa in Germany.
Lanserhof Tegernsee - Germany. JULY 2016 Tourism Tattler Trade Journal 07
ACCOLADES
The Gorge - South Africa.
KO Restaurant, Teppinyaki and Cocktail Lounge - Indonesia.
Starfish Bloo - Bali.
Salt Restaurant and Bar - Egypt. 08 Tourism Tattler Trade Journal JULY 2016
Main image: Alain Ducasse au Plaza Athénée - France.
ACCOLADES
WORLD LUXURY RESTAURANT AWARDS
Luxury Restaurant Awards Restaurant accolades went to top establishments such as South African based The Gorge who were awarded on a continent level for Best Luxury Scenic Setting in Africa, while Starfish Bloo at W Bali, boasting their magnificent Asian cuisine, won globally in that category. Taking home best in country awards were the likes of Alain Ducasse au Plaza Athénée in Paris, awarded for the Best Luxury Hotel Restaurant in France, KO Restaurant, Teppinyaki and Cocktail Lounge for Best Japanese Cuisine in Indonesia and Salt Restaurant and Bar for Best French Cuisine in Egypt. The 2017 World Luxury Spa and Restaurant Awards’ gala ceremony will be hosted at the JW Marriott in Hanoi, Vietnam on 22 July 2017. “We look forward to another spectacular occasion in Hanoi and to another successful award year for 2017. We invite luxury spas and restaurants from around the globe to participate in our awards, to proudly show the world what they have to offer in terms of service excellence” says Anton Perold, Managing Director for the World Luxury Spa Awards and World Luxury Restaurant Awards.
For more information visit World Luxury Spa Awards at www.luxuryspaawards.com and the World Luxury Restaurant Awards website at www.luxuryrestaurantawards.com.
Tourism Tattler congratulates all of the winners and is proud to be an official media partner to the World Luxury Spa Awards and World Luxury Restaurant Awards. JULY 2016 Tourism Tattler Trade Journal 09
AFRICA GEO-DIRECTORY
SPECIAL FEATURE
SOUTH AFRICA
Spanning the magnificent Kariega Estuary on its course to meet the warm Indian Ocean, malaria-free Sibuya Game Reserve is South Africa’s only game reserve accessed solely by boat. After arriving at Sibuya’s reception near the river mouth in Kenton-on-Sea, guests embark on a meandering 40 minute boat cruise to the Reserve. Along the way, kingfishers, fish eagles, otters, antelope and other wildlife may be spotted. On arrival at either of the camps, guests settle into their accommodation – luxury en-suite tents on raised wooden decks. With just four or eight luxury tents in each camp, Sibuya Game Reserve’s professional guides are able to offer personalised game drives and exclusive boat trips. Swimming, canoeing and fishing are also on offer, or guests might choose to simply relax in a hammock under the trees.
10 Tourism Tattler Trade Journal JULY 2016
SAFARI ADVENTURE
Eastern Cape
The ancient floodplains and pristine coastal forest host an abundance of wildlife: nearly 400 bird species and 45 species of game including the “Big Five”. The lush vegetation ensures a high density of wildlife and one of the best game-viewing experiences in the country. Besides big-5 game drives and boat safaris, additional activities by arrangement include: deep sea and surf angling or fly-fishing; coastal sightseeing cruises; wellness programmes; and horse riding. Under starlit skies, the distant roar of the ocean and the soft glow of lanterns are the only distractions as guests are served fine fireside fare in the embrace of the evening fire. The unequalled splendour of the vistas, with the Indian Ocean as their enduring backdrop, will leave you saying “Sibuya” – we will return.
CONTACT +27(0)46 648 1040 reservations@sibuya.co.za www.sibuya.co.za SibuyaGameReserve @SibuyaGameRes Sibuya13 View this listings geo-coordinates here.
SPECIAL FEATURE
AFRICA GEO-DIRECTORY
SOUTH AFRICA Tintswalo Safari Lodge lies on the Manyeleti Game Reserve, an untouched, private piece of land situated in what seems the heart of the Greater Kruger Park wilderness. Sharing unfenced borders with the National Kruger Park, and the renowned Timbavati and Sabi Sands reserves, the Manyeleti Reserve boasts exclusive safari game viewing and uninterrupted, intimate encounters with the African bush and its wilds. Abundant in wildlife, this 23 000-hectare reserve lends opportunity to experience the continent’s best sightings, including the big five, big cats and wild dogs, rare birds, and colossal herds of general game. All this is enjoyed from the exclusive lap of luxury. Connected by raised wooden walkways, the six suites and one regal presidential suite are staggered along the banks of a seasonal riverbed. Drawing inspiration from the adventures of early Africa’s European explorers, each king suite is decorated to tell its own story. With lavish air-conditioned en-suite bathrooms, each suite boasts its own deck, plunge pool, and unsurpassed views of the African bush.
Guests embark on a culinary adventure when dining at Tintswalo Safari Lodge. Whether enjoying a crisp breakfast in the bush, or a fresh lunch on the hotel decks, or starlit dinner around a blazing boma fire under the glistening Manyeleti sky, imaginative dishes are served with style and panache. Whether in search of a wilderness retreat or a thrilling safari voyage, Tintswalo Safari Lodge transports guests to an indulgent paradise where expectations are exceeded.
SOUTH AFRICA Experience nature like never before: Up close and personal. Ride calm and safe horses with a professional guide in the lead of each trail and approach within reaching distance of Africa’s wildlife! Harties Horse Trail Safaris trails are easy enough for anyone to join, and no prior horse riding experience is required. Wildlife game that can be viewed from horseback include Giraffe, Zebra, Blue Wildebeest, Kudu, Nyala, Impala, Springbuck and Blesbok (an antelope endemic to South Africa). Exotic wildlife include Sable, White Blesbok, Golden Wildebeest and Dark Brown Kudu.
SAFARI ADVENTURE
Mpumalanga
CONTACT +27 (0)11 300 8700 res1@tintswalo.com www.tintswalo.com TintswaloLodges @Tintswalolodges tintswalolodges TintswaloSafari
GAUTENG
Harties Horse Trail Safaris also do hotel pick ups from any hotel in Johannesburg, Midrand, Pretoria, Centurion and surrounds. Other fun filled adventure activities can be arranged, either before or after your horse trail experience, and include: a Boat Cruise on Hartbeespoort Dam, Hartbeespoort Cableway, Quadbiking, Monkey and Elephant Sanctuary, etc. Harties Horse Trail Safaris is situated between Fourways and Hartbeespoort in South Africa’s Gauteng province, on the grounds of the magnificent La’WiiDA Lodge.
CONTACT Beate Ten Haaf +27 (0)82 333 4675 hartieshorsetrails@gmail.com www.hartieshorsetrailsafaris.co.za HartiesHorseTrailSafaris Harties_Horse_Trail_Safaris View this listings geo-coordinates here.
JULY 2016 Tourism Tattler Trade Journal 11
AFRICA GEO-DIRECTORY
SOUTH AFRICA
SPECIAL FEATURE
ATTRACTIONS
KwaZulu-Natal
A trip along the South Coast of KwaZuluNatal would be incomplete without a stop-over at Ramsgate’s famous gastronomy attraction − The Waffle House. Here visitors will find that the ubiquitous waffle forms the base of a wide and varied menu, from sweet to savoury, carnivorous to vegetarian, banting to wholesome freerange toppings − all available with a glutenfree waffle base option − the menu caters to all tastes and dietary preferences. But The Waffle House is not just about wholesome food. The ambiance created by the venue’s location alongside the Ramsgate Lagoon, with a picturesque foot bridge leading into indigenous forest pathways bordering the Lagoon and leading to the Blue Flag beach, adds to its attraction. The venue is also wheelchair friendly, has free WiFi and a children’s play area.
CONTACT Pauline Lee +27 (0)39 314 9424 manager@wafflehouse.co.za www.wafflehouse.co.za
Visitors looking for mementos or gifts to take back home will find the Gaze Gallery and Basket Shop to be a treasure trove, with works by renown South African artists, potters and crafters on display.
WaffleHouse.Ramsgate @WaffleHouseZA WaffleHouseKZN wafflehouseza
View this listings geo-coordinates here.
The_Waffle_House
FIND ACCOMMODATION, ADVENTURE, ATTRACTIONS & SAFARIS IN AFRICA
GET LISTED Email editor@tourismtattler.com to find out how 12 Tourism Tattler Trade Journal JULY 2016
PARTNER FEATURE
JULY 2016 Tourism Tattler Trade Journal 13
BUSINESS & FINANCE BUSINESS
Market Intelligence Report
The information below was extracted from data available as at 27 June 2016. By Martin Jansen van Vuuren of Grant Thornton.
ARRIVALS
The latest available data from Statistics South Africa is for January to April 2016*: Current period
Change over same period last year
182 319
14.6%
UK Germany
119 905
20.0%
USA
100 604
21.4%
India
27 555
20.4%
China (incl Hong Kong) Overseas Arrivals
41 667
61.1%
873 741
18.9%
African Arrivals
2 629 193
16.0%
Total Foreign Arrivals
3 516 924
16.8%
Current period
Average Room Occupancy (ARO)
Average Room Rate (ARR)
Revenue Per Available Room (RevPAR)
All Hotels in SA
64.5%
R 1 199
R 773
All 5-star hotels in SA
67.6%
R 2 230
R 1 507
All 4-star hotels in SA
64.4%
R 1 103
R 710
All 3-star hotels in SA
63.2%
R 918
R 580
Change over same period last year All Hotels in SA
4.0%
9.6%
14.0%
All 5-star hotels in SA
6.1%
12.1%
18.9%
All 4-star hotels in SA
5.1%
7.1%
12.5%
All 3-star hotels in SA
3.7%
5.9%
9.8%
ACSA DATA
The latest available data from ACSA is for April 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
5.1%
3.4%
9.7%
Cape Town International
5.0%
28.9%
9.6%
King Shaka International
10.7%
N/A
10.8%
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 Data from Statistic South Africa, STR Global and Acsa all reflect the strong growth in foreign arrivals in the first four months of 2016. This strong growth will be impacted upon by the UK departure from the EU. The main impact will be the change in foreign exchange rates with a weaker Pound being negative for South Africa’s tourism industry. This negative impact will, however, be countered by the stronger US Dollar and Euro, which will be positive for South Africa’s tourism industry. A longer term negative impact will be the slowdown and possible recession in the UK economy, which will decrease the amount of foreign travel by UK travellers. Tourism enterprises might wish to adjust their pricing policies for the UK market and shift their marketing focus to the US and European markets. *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 JULY 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 May 2016:
BUSINESS & FINANCE
TOMSA DOMESTIC CAMPAIGN LAUNCHED By Des Langkilde
The Finders Keepers promotional campaign that aims to promote domestic tourism in South Africa was launched on Sunday 10 July. Read our prelaunch feature story on page 18 to 19 of the Tourism Tattler June edition here. Launched nationally in the Sunday Times newspaper, the new Tourism Marketing South Africa (TOMSA) campaign provides consumers with detailed information on the 12 week campaign in a double spread wrap that aims to entice the consumer to enter the treasure hunt and stand a chance of winning fantastic weekly prizes and ultimately the grand prize of R1 million rand awarded to one lucky winner. Besides being used as a launch-pad to promote domestic tourism, the campaign will also showcase the products of existing tourism levy contributors and raise industry-wide awareness about the important role of TOMSA. Each of the nine provinces of South Africa will get the opportunity to be profiled in the Sunday Times newspaper from the 10th July, starting with Gauteng and ending in the Free State in September to coincide with this year’s World Tourism Day celebrations. How do consumers enter? Using clues found in the Sunday Times newspaper, competition entrants “hunt” for a treasure hidden in the different travel and tourism products across the country. Entrants have to read each week’s Finders Keepers article in the Sunday Times newspaper in order to identify where the treasure is being hidden and answer a number of travel and tourism related questions correctly in order to proceed to the next level of the competition. Those who make it to the end will take part in the final draw for the grand prize of R1 million How do you as a South African operator get involved? Operators who want to get involved and support the competition can sponsor prizes for the weekly prize draws, pledge special travel packages that can be promoted as part of the campaign or host the team of journalists who will be covering the competition for the Sunday Times’ travel section. In return, the marketing and media profiling opportunities for your business from all the Times Media Group’s media platforms will be substantial. In addition, other channels outside the Times Media Group (such
as Tourism Tattler - Ed) will also be used to ensure that people have the chance to hear about the competition and participate. “We are elated to see the number of operators that have already come forward to pledge their support,”said TBCSA Chief Executive Officer, Mmatšatši Ramawela. The TOMSA initiative is a Public-Private-Partnership established in 1998 between the Tourism Business Council of South Africa (TBCSA) and the National Department of Tourism. The initiative enables businesses in the sector to play an active role in the funding of the country’s destination marketing programs undertaken by SA Tourism. This is done through the collection and contribution of a 1% tourism levy charged on travel and tourism products and services rendered. The funds collected are administered by the TBCSA. How do you as a levy contributor benefit? Media exposure and other benefits for participating TOMSA levy contributors include: • Your establishment’s logo will be placed in a two page DPS according to each province visited starting from the 3rd July to 11th September 2016. • The Sunday Times will include a write-up on your establishment as per the province featured in that week. • All TOMSA levy contributors stand a chance to win 1 full page in The Sunday Times Travel section and The Times newspaper for the total value of over R209 000.00 • Receive reduced rates to advertise in the Sunday Times Travel (see presentation link below) And there’s more! Click Here to view a Powerpoint presentation on more online and media overage benefits you will receive by pledging your support to this fantastic initiative. To pledge your support, please contact Ms Boitumelo Moleleki on 012 664 0120 or email on membership@tbcsa.travel For more information about TOMSA and the Finders Keepers competition visit: www.tomsa.co.za JULY 2016 Tourism Tattler Trade Journal 15
16 Tourism Tattler Trade Journal JULY 2016
PARTNER FEATURE
JULY 2016 Tourism Tattler Trade Journal 17
CONSERVATION
Rhino Poaching Deaths vs Poacher Arrests - Stats for South Africa by Province Year Deaths vs Arrests KNP (SanParks) MNP (SanParks) MAP (SanParks) Gauteng Limpopo Mpumalanga North West Eastern Cape Free State KwaZulu-Natal Western Cape Northern Cape *Unofficial TOTAL
Deaths 146 00 00 15 52 17 57 04 03 38 00 01
2010 Arrests 67 00 00 10 36 16 02 07 00 25 02 00
Deaths 252 06 00 03 80 31 31 11 04 34 06 00
333 | 165
2011 Arrests 82 00 00 16 34 73 21 02 00 04 00 00
448 | 232
2012 Deaths Arrests 425 73 03 00 00 00 01 26 59 43 28 66 77 32 07 00 00 06 66 20 02 00 00 01 668 | 267
Deaths 606 03 00 08 114 92 87 05 04 85 00 00
2013 Arrests 133 00 00 10 34 00 70 26 07 63 00 00
1004 | 343
2014 2015 2016 Arrests Deaths Arrests Deaths Arrests 174 *(826) 29 09 *(317) 232 00 00 00 00 00 00 01 00 00 00 00 21 00 00 00 00 60 12 00 30 00 45 02 04 14 00 14 00 03 15 00 02 00 00 13 00 00 00 00 03 00 68 06 01 51 00 01 00 00 00 00 00 00 00 05 00 *(349) *(115) 1215 | 386 *(1175) 49 | 17 *(432) 363 | 206**
Deaths 827 00 01 05 110 83 65 15 04 99 01 05
KNP = Kruger National Park, MNP = Mpumalanga National Park, MAP = Mapungubwe National Park. Statistics released by the DEAT as at 08 May 2016. *Source: StopRhinoPoaching.com **No provincial data provided by DEAT.
Incidents of poaching can be reported to the anonymous tip-off lines 0800 205 005, 08600 10111 or Crime-Line on 32211.
18 Tourism Tattler Trade Journal JULY 2016
CONSERVATION
THE OTHER SIDE OF THE
RHINO WAR A heart wrenching account of life as a Game Ranger’s daughter. This article details the fear and trials that the families of those who fight in the war against rhino poaching must face – and the devastating results of failure.
By Raynique Ducie. In a speech given at the Rhino Conservation Awards last year, Debbie English shared an emotional account of the price of the war against rhino poaching. While the rhino is the ultimate victim, those that fight on its behalf are exposed to endless danger – often at the expense of their families.
international borders to sabotage national assets”.
The Rhino War makes for a stressful, disruptive life. Armed poaching contacts often result in fatalities. “Every time Dad is out we pray for his safe return; this is never guaranteed. Fatalities on the other side are not only a relief to us, but shrugged off Debbie shared her own personal accounts, as ‘tough luck’ for the poacher; this goes as well as those of her mother, Sharon and against all our moral upbringing,” laments her sister, Lee-Anne, detailing their lives as Debbie. “No one can adequately describe a wife and daughters of a Ranger. “Hello Dad!” “Quickly girls, make Dad a sandwich, the pent up bitterness we have at seeing what our fathers are going through, and the grab my torch, get my rifle, someone get impact that these savage, cruel and ruthless the gate, ok, thanks, love you, bye.” A common occurrence in the English home; poachers have on our families”. things happen so fast – no one ever knows In reality, the death of a poacher often results in murder charges being brought what is going to happen next. “Life has against the Rangers. This despite the need become predictably unpredictable. There is for protection, and the fact that the unfair no guarantee that Dad will be at home for rules of engagement do not apply to the a braai, a dinner, a birthday, Christmas, a church service, or other special occasions,” poachers. “It kills us to see Dad sitting, quietly caught up in his own thoughts of confirms Debbie. the pending murder charges, trying not to The impact that this Rhino War has on burden us with his fears.” the families of Rangers is enormous. “Our lives have changed dramatically over the years. From the peace and tranquillity of living in the bush, having Dad near us all the time, accompanying him on patrols, to the contrasting, violent nature of the Rhino War. We feel more like the children of Special Forces Soldiers. This is in essence Guerrilla Warfare, where our fathers are up against armed insurgents, illegally crossing
In addition to the threat of violence, the intelligence gathering aspect of the Rhino War has an enormous impact the privacy of Rangers’ families. “Informers do not know the meaning of time of day, night or holidays; but this is necessary - an informer’s role is critical in this War.” The informers’ safety is also of utmost importance. “Meetings often take place at night, under
Debbie English with an orphaned rhino calf. cover of darkness and in dingy secluded spots surrounded by extremely hostile communities”. This commitment, dedication and passion comes at an enormous and traumatic price. “People do not realise what the knock-on effects of this war are. From telephonic death threats while celebrating my sister’s birthday, to false allegations by poaching syndicates almost resulting in Dad’s arrest, and lying awake at night wondering if he will return safely or if the seat at the dinner table will be forever empty. What if he never gets the chance to walk me down the aisle?” Poaching is well publicised, updates are sent and the media covers these unfortunate events. While this coverage is important, more focus must be placed on those that are fighting the war, rather than lamenting about a war being lost. “Rangers take these attacks personally; it is demoralising to them,” advises Debbie. “It is heart wrenching to see what it does to the men and women trying their utmost best to fight this war. Be aware of the challenges that Rangers face every day”. Debbie concludes that; “The beauty of nature as seen by the public comes at a price, often unknown to most. We salute all our Rhino soldiers, and especially our Dad”.
JULY 2016 Tourism Tattler Trade Journal 19
DESTINATIONS
AUTHENTIC PHUKET
Tourism Tattler foreign correspondent, Adam Jacot de Boinod visited Phuket − a rainforested, mountainous island in the Andaman Sea − and reports on Thailand’s most popular beaches, high-end seaside resorts, spas and restaurants.
On an island buzzing with tourists reminding one of everything but the destination I felt a need to stay at hotels that are in sympathy with their surroundings and express a feeling for Thailand rather than the many others that are simply smart but bland. I wanted the exotic experience with all my senses awakened by water and smells, birds and animals. Phuket is an island that is certainly built up with traffic. Some have faith in their fate with side cars moving bumper-to-bumper carrying families intent on drying their washing at the same time. Mopeds have three year olds standing up between the legs of their parents with the rest of the family up behind them. Amongst the many roadside stalls and shops are bride shops placed randomly next to mechanic’s garages (giving a whole new notion to the garage calendar!). Thais believe that if they dress in a certain colour each day it will bring them good luck. The code is: Monday: yellow (lueang), Tuesday: pink (chom poo), Wednesday: green (kiaw), Thursday: orange (som), Friday: blue (nam ngem), Saturday: purple (muang), Sunday: red (daeng). Black (dam) is unlucky for conservative people and is reserved for funerals; unless, of course, you are young in which case it’s seen as edgy and sophisticated. Even haircuts on different days of the week have their own 20 Tourism Tattler Trade Journal JULY 2016
significance. On Sunday: long life; Monday happiness and health; Tuesday: power; Wednesday: great misfortune; Thursday: protection of the angels; Friday: lots of luck comes and on Saturday: it brings success in important undertakings. Sarojin It was on a Saturday when I arrived first at The Sarojin, a boutique hotel, up north of Phuket in Khao Lak. The rooms are very Zen. There are stones and slate on the bathroom floor beneath the showers, absorbing the water beautifully in the heat, and logs to put shampoo on and driftwood acting as decoration. The contemporary Asian style with strong symmetry allows nature to flow and there’s a real harmony with barely any distinction between the interior and exterior. Outside light blue cushions echo the ocean whose beach, on this stretch, is a long, gentle and walkable curve. The land is thoughtfully spaced and has uncluttered placing. The foliage is of banana leaves and ferns. The food in the two restaurants comes from a confidently small menu of extremely fresh local produce. I enjoyed a pomelo salad that had minced prawns, tossed coconut flakes, sliced kaffir, lime leaves, lilies and sliced shallots. The Massaman curry with tofu had coconut milk, roasted cardamom seeds,
cinnamon, roasted peanut, bay leaf and tamarind juice. Lady Sarojin, the hotel speedboat, is well placed to take advantage of reputedly the best coral in Thailand. It’s on the nine Similan Islands (similan meaning nine in Jawi muslim). And it’s only ninety bouncy minutes away out on the Indian Ocean. They comprise of a protected national marine park with three islands dedicated to turtle conservation. Here there is the promised water and sand that is ‘paradise’ blue and white. It was wonderful to have the experience of being tucked up safely in my outdoor pavilion while a proper tropical rainstorm played itself out on a landscape where kingfishers and monitor lizards had made themselves at home. As for tigers and elephants, there is certainly much concern for their treatment. Elephant riding is considered ‘borderline’. But the trainers are devoted and there’s a charming relationship between them and their animals. One ‘master’ was barely seven stone and instantly crushable were it not for the complete mutual respect and affectionate bond between these two beings who were so clearly at one with each other.
DESTINATIONS
Indigo Pearl I stayed next at Indigo Pearl. It was all certainly overflowing with choice: the three swimming pools, the many restaurants and even their menu pages. I took an escorted raft across the lilied pond to eat at the Black Ginger restaurant. The setting was pure fantasy, candlelit in its black décor. I ate spicy jicama salad and pomolo (turnips and yams) though the vegetarian range was limited. The Coqoon Spa at Indigo Pearl is set in a wonderful ‘bird nest’. They adapted my treatment to suit my jetlagged needs. Not the proposed manicures or pedicures for me but lots of neck and shoulder work! Not to mention the soothing pungent choice of oils such as eucalyptus, peppermint, lemongrass, sesame, coconut and bergamot orange. Keemala I spent several nights at Keemala - an eco venture with 38 villas. 16 are “clay-pool cottages”, 7 “tent-pool villas”. A further 8 are larger “bird’s nest pool villas” with their flexible but durable mesh exteriors that resemble the Beijing Olympic stadium. The remaining 7 “tree-pool houses” seem suspended in the air. Here the frogs were teeming and crickets chirping. Such wonderfully deafening choruses at dawn and dusk! And the Thai
language has an expressive vocabulary for their noises! Jiap jiap is the sound of chicks; ake-e-ake-ake of cockerels; gaa gaa of crows and hook hook of owls. Keemala offers an holistic ambience and I found the experience enhanced by the options of drum circles, soul readings and the inclusive options for vegans. There is a range of classes and activities that’s almost as long as the in-villa dining menu. Spoilt for choice. I had a facial in one of the eight ‘mala’ massage rooms. My face was first steamed to open the pores, then cleansed, then steamed, then cleansed again with lotions to stimulate my blood vessels, bringing me out, or so I felt, in a more youthful glow. And why not! How odd that it’s a part of the body so often under pampered. I took the boat trip to Phi Phi but be warned. Go early before the crowds and, after all, it’s at a beautiful time of day. There is otherwise a large number of tourists. The highlights are the almost full-circle bay of Phi Phi Ley and the wonderful “Treasure Island” of Bamboo Island.
Amanpuri Set in a mature coconut plantation and meaning “place of peace’ was my last stop, the classy Amanpuri hotel. It’s minimal and it’s luxury in an expansive sphere. Decked in the woods makha, which is golden brown with dark veins, and teak which was considered a ‘royal’ tree by the kings of Thailand and Burma. The airy poolside restaurants offer some real little delights such as ginger and passion fruit stirred with a spring onion as a mixer. The spring rolls come with salmon, fish roe, grapefruit and chilli sauce. Then there’s the tea-time mini-cakes. All the food varies in its spicy intensity. The design at Amanpuri embraces authentically the Thai tradition and is timeless and serene with intelligent spacing between the restaurants and swimming pool. The sloping location is enhanced with cascading stairs, like a stage setting from the opera Aida, from the pool to the private beach. It’s all truly exotic, sensually awakening and highly appealing!
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 with support from Heathrow Express, Thailand Tourist Board, Exsus Travel and ICS Travel Group. JULY 2016 Tourism Tattler Trade Journal 21
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22 Tourism Tattler Trade Journal JULY 2016
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EVENTS PARTNER FEATURE
CONNECT WITH SPORTS & EVENTS TOURISM EXPERTS The 6th Edition of the Sports and Events Tourism Exchange will be convened at the Protea Hotel Fire & Ice in Tshwane from 25 to 27 October 2016, and will be hosted in a CONNECT format − dedicated to maximising delegates networking and oneon-one meeting opportunities. The two and a half-day Conference will focus on event sponsorship trends, events technology, travel behaviour and trends of golf tourism, business opportunities associated with the 2022 Commonwealth games, which are among they key issues to be debated at this year’s conference. Since its inception SETE has become the meeting place for key decision-makers in the sports and events tourism industry to network, do business and debate issues of national importance affecting the growth of the sports and events tourism sector. International buyers from over 20 countries were hosted over the past five years resulting in business for the South African sports and events tourism industry. Over the past five years delegates attending the SETE conference benefited from international and local experts sharing their knowledge and expertise on contemporary issues affecting the events tourism industry. The conference format involves a series of panel discussions with key stakeholders affected by each topic. An expert facilitates
each session providing high level trends of each topic and the key issues that should be debated. Delegates representing senior decisionmakers from the sports, events and tourism sectors mainly from South Africa and consisting of government officials and members of the private sector will be in attendance. Academics, NGOs and community stakeholders will also be represented. Besides the key CONNECT focus this year, the conference programme will include: 1. Importance of Partnerships; 2. Understanding what sponsors are looking for when supporting events; 3. The use of technology to boost visitor/ fans/spectator attendance at events; 4. Measuring the return on investment of events using a standard methodological framework; 5. Understanding the business opportunities that the 2022 Commonwealth Games will offer South African Businesses. The organizers, Thebe Reed Exhibitions will once again be convening the “Invitation - Only Table Top Exhibits” which was launched last year, and proved to be an affordable and efficient means for focussing on important Buyer & Exhibitor Meetings and concluding business deals. For more info visit www.thebereed.co.za
About Thebe Reed Exhibitions: Operated as a joint venture between Thebe Tourism Group Pty Limited and Reed Exhibitions, Thebe Reed Exhibitions is Southern Africa’s most forward thinking and successful exhibition and venue management company responsible for exhibitions such as the Africa Travel Week; the Business Entrepreneurship and Franchise Expo; Decorex SA; 100% Design South Africa; the Gauteng Motor Fest; Mediatech Africa and the Sports & Events Tourism Exchange (SETE).
JULY 2016 Tourism Tattler Trade Journal 23
COMPETITION
The winning 'Like' or 'Share' during the month of July 2016 will receive 1x Kalahari Range Bath Crystals and 1x Fragrance Candle (Khoi San) with the compliments of Livingstones Supply Co – Suppliers of the Finest Products to the Hospitality Industry.
'Like' / 'Share' / 'Connect' with these Social Media icons to win!
Wi n
Livingston Supply Company
Tourism Tattler
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 May 2016 Social Media winner
@amakhosilodge
Amakhosi, a 5-star and big 5 private game lodge, is situated in the heart of Zululand on the banks of the Mkuze River, on the private Amakhosi reserve in South Africa. Amakhosi will receive 1x Bormioli Moncayo Crystal Glass Ice Bucket (32oz) with Tongs plus a set of 6 Bormioli Riserva Crystal champagne glasses (20.5cl) with the compliments of Livingstones Supply Co – Suppliers of the Finest Products to the Hospitality Industry. For more information visit www.livingstonessupplyco.com
24 Tourism Tattler Trade Journal JULY 2016
PARTNER FEATURE
The Mozambique Collection Small footprints, real people, exceptional experiences, amazing places ... The Mozambique Collection is a marketing brand that brings together a collection of stunning properties working together to promote the destination. The hand picked portfolio of members each has it’s own special attractions and experiences to contribute to the plethora of adventures that the country has to offer.
The underlying principle of authentic luxury, in the true sense, resonates with all members – to offer the best possible experiences in idyllic locations, while creating a positive legacy for the local communities and environment in which they operate.
www.mozambique-collection.org | info@mozambioque-collection.org JULY 2016 Tourism Tattler Trade Journal 25
HOSPITALITY MOZAMBIQUE
26 Tourism Tattler Trade Journal JULY 2016
PROPERTY PROFILE
HOSPITALITY
NUARRO LODGE Beautifully simple is the best way to describe Nuarro. This stunning property, located in northern Mozambique feels wonderfully off the grid. The owners have commendably tried to use local crafts and staff wherever possible to create this peaceful sanctuary on the edge of the Indian Ocean, along a more than 2kmlong gorgeous, white sandy beach. The result is an intimate resort that has an emphasis on relaxation with a great array of marine and terrestrial activities, and of course world-class diving.
Whale Season
World class diving
Simple, spacious and all with a view
Did you know that Nuarro Lodge is one of the only lodges in Mozambique to offer shore-entry diving? The bay’s combination of dramatic continental shelf topography, excellent water visibility, coral & fish diversity as well as easy reef access allows for world class on and offshore diving suitable for all ranges of experience. The closeness of the continental shelf invites easy shore dives to the five pinnacles separated by white sand falls and populated by abundant fish life and coral diversity. Along the shore more advanced divers can enjoy the “Baixo do Pinda Walls” with drift, wreck and multilevel dives. Everywhere is a perfect opportunity for underwater photography and many dive sites are still to be discovered!
The spacious chalets are all built out of local materials with traditional mukuti roofs and each with a stunning view across the bay. The lodge works closely with the local community and employs staff from the nearby village, this all combines to create a genuine harmony with this unspoilt corner of Africa and provides a real Mozambique experience which can so often be lost in the name of luxury.
With such dramatic drop offs only 200 meters from the beach, the Humpback Whales come very close into the bay with their young (normally July-October each year). They learn communication skills which include delightful breaching performances! The whales cruise the bay during the day and produce a very special and unforgettable sound at night. All this can be heard and viewed from the comfort of each chalet’s private verandah.
Nanatha Half Moon Bay at the southern point of the larger Memba Bay on the Baixo do Pinda Peninsula, the lodge offers 12 luxury beachfront chalets, nestled amongst the dunes but within meters of the azure, crystal clear Indian ocean. For more info visit www.nuarro.com
- The Mozambique Collection About The Mozambique Collection The Mozambique Collection showcases some of the most exciting, unique and intimate destinations, accentuating the variety found in Mozambique, one of Africa’s most incomparable, rapidly developing and beautiful country. The brand brings together a collection of stunning properties working together to promote the destination. The hand picked portfolio of members each has it’s own special attractions and experiences to contribute to the plethora of adventures that the country has to offer. The underlying principle of authentic luxury, in the true sense, resonates with all members – to offer the best possible experiences in idyllic locations, while creating a positive legacy for the local communities and environment in which they operate. For more information visit www.mozambique-collection.org JULY 2016 Tourism Tattler Trade Journal 27
LEGAL SUMMARY: (Click on the MONTH 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
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.
IN TOURISM
Part 7 (page 18 FEB 2015), continued with Requisite #1 covering telephone enquiries, e-mails, websites and advertising.
THE LAW: CONTRACTS
Part 10 (page 31 MAY 2015), covered Requisites #5: Performance Must Be Permissible, and #6: Capacity of the Contracting Parties.
- Part 20 -
Enforcing Your Contract: Homework – What To Do Before You Go Ahead
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 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 OcCT2015), 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)
HAVE THE REQUISITES BEEN MET (continued) The seventh question is whether the parties to the contract have the complied with any prescribed formalities – in other words certain prerequisites may be prescribed in the contract in question or by statute. If these are not complied with the contacts may be void or voidable. Let’s look first at requirements that may be contained in the contract in question and here I will focus on clauses that you are likely to find in a ‘generic’ basis in many contracts you may come across in your daily life or business practice: Law – The contract may stipulate which law applies regardless of where the contract is signed, the nationality of the parties or where the goods or services are provided. This is an extremely useful clause and can have a major impact on rights, liabilities and more importantly the cost of litigation. Jurisdiction – as for ‘Law’ above. Disputes – Contracts often have a fairly ‘standard’ arbitration clause but do not be fooled: arbitration is not cheap and in many cases rivals litigation from a fee perspective (although there are many benefits)! Accordingly it is my view that a dispute clause is preferably and it should follow the following sequence which the parties will be by definition be obliged to follow (The contract should also prescribe time frames for each phase): (a) senior management to meet and discuss possible amicable solutions (Such meetings could be ‘without prejudice’ and ‘off the record’; (b) Failing that the matter can be submitted to mediation by a mutually agreed mediator; (c) Failing that arbitration via (I would suggest) the Arbitration Foundation of South Africa BUT such a clause must always be qualified to the effect that either party may under certain circumstances bring an urgent court application. Entire agreement – when the contract has such a clause, it is imperative to consider whether there are/were any presentations, ‘sales pitches’, ‘marketing blurb’, etc that gave rise to the contract and which was/were a decisive factor in the decision to enter into the contract. If so these should either be detailed in the contract or attached as addendums/annexures. 28 Tourism Tattler Trade Journal JULY 2016
Part 19 (page 24 JUNE 2016), Requisite #10 Enforcing a Contract (cont’d)
Change – parties often enter into contracts that have clauses of this nature and then despite that, make or agree to changes verbally without then reducing such to writing, signing (all the parties) it and attaching it as an addendum! When ‘the wheels come off’ reference to such a verbal amendment will be in vain! Waiver/relaxation – The effect of such a clause is that the exception proves the rule e.g. a landlord may make one exception/ concession to the prescribed terms of the lease agreement but such exception will be of no avail in future events and cannot be relied upon as an implied/tacit consent to future deviations from the express terms. Now look first at requirements that may be prescribed by statute – here are some examples: • The Alienation of Land Act 1981 requires that all contracts pertaining to property transactions have to be in writing. This also applies to for example the exercise of a first right of refusal contained in such a contract, e.g. the right to buy land/property that is the subject of a rental/lease agreement – I had a client who exercise such a right verbally and then tried to enforce it of no avail! This also applies to time share, share block agreements and even lease agreements if for a period of more than 10 (ten) years – the latter must be recorded in the deeds office. • Ante-Nuptial contracts not only have to be in writing but must be also be attested to by a notary public and recorded in the deeds office. • The General Law Amendment Act of 1956 requires suretyship agreements to be in writing. • The National Credit Act does not specifically require credit agreements (as defined) to be in writing but it is implied and they may in any event not be verbal. 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', July 2016.
RISK
UNDERSTANDING
Tourism Trade Insurance - Part 7 -
Part 1 in this series covered an introduction to insurance, an outline on the EC Directive, the basics of risk management, and financial guarantees. Parts 2 and 3 looked at liability insurance, Part 4 continued the subject of liability with specific reference to the Road Accident Fund in South Africa, Part 5 dealt with Vehicle & Property insurance, and Part 6 with Travel & Medical Rescue insurance. TYPES OF INSURANCE
OTHER BUSINESS INSURANCE
All businesses have a unique set of financial requirements which need to be managed in times of crisis, and Buy & Sell agreements can provide reassurance as they provide a legal document that ensures that the business is not thrown into disarray if one of the shareholders dies or is disabled. Buy & Sell agreements preserve the continuity of business ownership and are designed to protect the shareholding of the partners or owners by providing the surviving shareholders with the funds needed to purchase the shares of the deceased shareholder. Key Person cover is an insurance policy that is taken out by an employer to insure the life of a key individual within the organization. A key person is anyone within the business who significantly enhances profitability. The policy provides the finance that will be needed to recruit and train a replacement for the position that the deceased key person has vacated. Businesses incur debt and shareholders generally have to sign surety for these debts, which creates both business and personal risks. Personal Liability insurance transfers the risk by providing cover for sureties signed by the business partners in the event of the insured’s untimely death. As a responsible partner and parent, it is important to be prepared for any eventuality, especially death and disability. Your family’s standard of living could suffer in the event of death, disability or dread disease of one or both of the breadwinners. Personal Life and Disability insurance cover provides the funds needed to continue supporting your family if you are unable to continue working due to illness or injury and ensure that major debt items such as home loans and car repayments do not cripple the family financially. After a lifetime of hard work, retirement should be about enjoying a relaxing and well-deserved break but it can become a distant
dream if the retirement funding that has been put into place is insufficient and basic needs cannot be met. Retirement insurance cover allows for the investment of small sums of money on a monthly basis to accumulate to the desired capital needed to ensure a financially stress-free retirement. SUMMARY This then largely covers the broader aspects of the insurances covering the tourism industry. In summary, a few important facts are worth repeating: • Wherever possible make sure that your business is run as legally as possible. Don’t give a claimant any unnecessary ammunition to help bolster their case • Always remain calm and provide the obvious humanitarian services to a client, that you yourself would expect to receive, were you in a similar situation • Make sure that you are reasonably well insured for all eventualities. Don’t be pressured by horror stories and the threat of how a tourist will destroy you, but be prepared for the normal accident situation. Remember that many insurance policies overlap and you can be covered twice over in some respects • Make sure that all accidents of any nature are reported to a relevant official authority • Make sure that your policy covers you in all of the different countries in which you operate and for all the different activities that you conduct. In other words does the policy you bought in Cape Town cover you for the hippo attack that occurs in the middle of the Okavango Delta? • Ensure that all your paper work is up to date. Try and make
▼
Part of being a business owner and breadwinner means making provision for unforeseen challenges. Risks associated with life assurance are not pleasant to think about, but they do play a significant role in your business and personal life. The results could be disastrous if they are not properly insured and managed.
The five kinds of insurance that apply to the tourism industry: 1. Financial Guarantee (Insurance Bond) - Refer January 2016 issue. 2. Liability Insurance - Refer Feb, Mar & Apr 2016 issues. 3. Vehicle / Property Insurance 4. Travel Insurance / Medical Rescue 5. Other Business Insurance (Buy & Sell, Key Person, Provident Fund)
JULY 2016 Tourism Tattler Trade Journal 29
RISK
absolutely sure that your clients are aware of exactly what they are in for and that they sign acknowledgement of this fact
expectations are also high, and this often leads to conflict at the point of supply
• Make sure that your vehicles are in the best possible condition that they can be. Don’t cut corners on safety measures
• Beware of giving credit to agents who are ‘bad payers’. Many a time payment may be withheld in the event of a dispute and this puts you in a very vulnerable position. A financially weak agent may try and use a complaint as a reason for non-payment
• Make sure that the literature promoting your business is factual and not misleading • Never feel pressured to sign unreasonable contracts with agents that increase your liability and limit your rights to that of another country. You operate in Southern Africa and that is where you must fight your battles • Select sub-contractors with care. As far as practically possible try and only use SATSA members. Should you use a contractor on a regular basis draw up a standard service agreement making them responsible for their product and giving you recourse in the event of non-performance • When a foreign operator is selling your product from their brochure, or in fact even selling it without brochure inclusion, try and ensure that they are representing your product accurately. Wherever possible, proof-read and authorise any literature that displays your product before being bound by it • Try and ensure that the gross price that your agent charges the consumer is a reasonable mark up and reflects good value for the service or product offered. If prices are high, client
• Make sure that your agents’ cancellation policies are in line with yours. Agents are under pressure to pay back deposits and return funds at the last minute, and this can leave you high and dry. However you must be prepared to share some responsibility and risk with your foreign agent, as they also have difficult parameters within which they work • Don’t be bullied into refunding agents if you feel it unjustified. Make sure complaints are in writing and that you have had a fair chance to respond. Insist on receiving all correspondence and get the full picture. Proof of any refunds made by agents should be requested. Obviously when the complaint is genuine, act with dignity and try and sort out the situation as fairly and quickly as possible • Above all, remember that your products or services are competing and being compared with those of all other similar products from all over the world. Ensure that your prices are competitive and that your service is beyond reproach.
Get the Tourism Insurance Directive booklet DOWNLOAD (PDF - 4.4MB)
www.tourismtattler.co.za/downloads/SATSA-Insurance-Directive-2015-Digital.pdf
PRINTED COPY
Collect at SATSA’s offices: 3rd Floor, Petrob House, 343 Surrey Avenue, Ferndale, Johannesburg or email communications@satsa.co.za (Note that a nominal fee will be charged for admin, postage or courier costs)
30 Tourism Tattler Trade Journal JULY 2016
TOURISM
SAFETY & SECURITY
SAFETY IN
KENYA
Image: Safe as houses - Lamu Island Old Town Centre
The Kenya Tourism Federation Safety & Communication Centre (KTF-SCC) was established in 1998, and has since made significant contributions to the drop in reported tourist related incidents in the country.
as elections or reported terrorism incidents, vigilance is heightened with more frequent alerts and advice to safeguard the industry.
The SCC disseminates safety and security advice to tourists and tourism operators, and coordinates timely and appropriate response during tourist related incidents anywhere in Kenya.
According to the World Economic Forum’s Travel & Tourism Competitiveness Index Ranking for 2015, Kenya’s safety and security pillar is ranked 131st globally, although the country has a global competitiveness rank of 78th overall and ranks 5th in the Sub-Saharan region.
Through an extensive network of tourism operators, KTF-SCC monitors the security situation in the country with particular emphasis on the tourism circuits, and receives alerts on any security incidents or concerns. Based on the alert, the SCC, through its extensive communication capability, which includes an industry telephone contacts database, HF Radio, email and social media, circulates safety advice to tourism operators, e.g. safe alternative routes, and, through established linkages with the relevant institutions such as Tourist Police Unit, the Department of Tourism, Kenya Wildlife Service and air ambulance service providers, activates timely response where needed, e.g. evacuation of the affected to Hospital or to safety. During elevated risk periods such
Owing to these measures, Kenya is among the countries that record the lowest rates of tourist related incidents.
Although not tourism specific, Numbeo ranks Kenya with a safety Index of 30.51 in its 2016 indices (crime levels lower than 20 are considered to be very low, between 20 and 40 as low, between 40 and 60 as moderate, between 60 and 80 as high and finally crime levels higher than 80 as being very high). The KTF-SCC states the number of reported tourist related incidents in the first half of 2014 as being just two, a 60% drop compared to a similar period in 2013 when five incidents were reported. Total reported incidents in 2013 stood at seven, a 36.4% drop compared to eleven incidents reported in 2012.
The total number of incidents reported for the four year period from 2010 to 2013 is reported as being 81, a 70% drop compared to the four year period 1999 - 2002 immediately following the establishment of KTF-SCC, when a total of 270 incidents were reported. To ensure effective monitoring of tourism circuits and to provide timely assistance as the need arises, KTF-SCC is operational 24/7. KTF-SCC also provides tourists planning to visit the country with useful information regarding requirements for travel to Kenya such as vaccinations required, visa requirements, safety advise e.g. to book with licensed travel operators that have membership with the respective trade associations as these are bound by set codes of ethics& standards. About KTF-SCC: The Kenya Tourism Federation was formed by the private sector in tourism in Kenya in 1996, and formally became operational in 1998 with the launch of the Safety & Communication Center (KTF-SCC). For more info visit www.kenyatourism.or.ke
JULY 2016 Tourism Tattler Trade Journal 31
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32 Tourism Tattler Trade Journal JULY 2016