TALKING TRAVEL - AFRICA
have contracted ADV LOUIS NEL to give advice on legal matters.
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ADVOCATE LOUIS NEL
Louis Nel studied at the universities of Stellenbosch (RSA), Tulane University, New Orleans (USA); University College & London School of Economics, London (UK) and Witwatersrand University (RSA) earning a B Comm, Ll.B and Ll.M and Diplomas in Marketing, Negotiating and Industrial Relations amongst other useful qualifications.
Advocate Nel has work as a Corporate Legal Facilitator, a Marketing Director, Attorney, Prosecutor and State Advocate.
Having worked for 15 years for Rennies, one of south Africa's largest and most influential travel organisations, gaining experience in travel, road transport, air and sea freight, security, information technology, intellectual property, warehousing, container movement & storage, logistics, courier services and trade in the rest of Africa.
Louis Nel's particular niche is the travel industry and through his own legal consultancy, acts for various travel companies including Rennies Travel, Harvey World Travel, Concorde and Comex, as well as Club Travel, members of the Sure Travel Group, SA City Centre and World Travel. He also advises ASATA, SATSA and its members.
Louis Nel is a regular contributor to Travel News Weekly and conducts countrywide roadshows annually with Harvey World Travel and ASATA discussing risk management, staturory changes and challenges in the travel industry.
Having been involved in the legal side of travel since 1982, Advocate Nel advises the whole spectrum of the travel industry - including retailers, wholesales, tour operators, incentive groups, incoming and outgoing tour operators and game lodge managers. His expertise also covers a very wide range of matters including Shareholders Agreements, Buying & Selling of Businesses and Agreements with Service Providers and Suppliers.
Louis is a dedicated sportsman, and has represented South Africa in athletics winning his Springbok Colours. He is also an avid reader and conservationist.
ARTICLES BY LOUIS NEL FOLLOW:
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Homework to do, available options, preparation, implementation, mitigate
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THE CONCEPT OF DUTY OF CARE is interwoven with the principle of negligence, (whether gross or not, but as opposed to wrongful intent) and the definition of a delict or, as it also known, a tort. What then are all these concepts and how do they relate to the travel and tourism industry?
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PERFORMANCE MUST BE DETERMINED OR DETERMINABLE
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CONTENT TO INCLUDE:
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(‘STC') - WHY?
The Litigious Tourist & EC Regulations
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Abridged Version as at July 2008
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A ‘BRIDGING' AGREEMENT
You should ‘NOT start doing business until the contract has been signed!'
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This one of the seriously neglected areas in ANY business, small, medium and large - contracts are entered into but not managed i.e. there is no, very little or inadequate follow up, so may I suggest you consider applying the following principles:
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Guidelines on drafting your own contracts.
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Consensus - Confidentiality - Conditions
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IMPLIED OR TACIT TERMS
Parties from time to time omit something from an agreement, be it aspects of the product or service or the related performance. What can be done & how do they go about ensuring that this implied or tacit term forms part of their contractual relationship? When can an aspect, term or requisite be implied or tacitly accepted as being part of an existing contract?
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PERFORMANCE MUST BE POSSIBLE
Can you deliver what you have offered?
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CAPACITY TO CONTRACT
It is a requirement for a legally binding and enforceable contract that the parties have the capacity to contract or has been duly authorized by the party or parties he or she purports to represent.
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VERBAL AGREEMENTS – CONSENSUS & ESTIMATES
Is a Verbal Agreement
a legally binding and enforceable contract?
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CONTRACTS
TYPES OF CONTRACTS
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A GUIDE TO THE ESSENTIAL ASPECTS TO BE CONSIDERED WHEN
STARTING A NEW BUSINESS
BASED ON THE BUSINESS LIFE CYCLE
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PROTECT YOUR BUSINESS NAME!
PROTECT YOUR BRAND!
It is great fun brainstorming a new idea, be it over a couple of beers in the pub, over lunch or on the golf course. Quickly thoughts are jotted down, a seed it sown and off we go – a new business is born!
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‘BASTA’
LEGAL ADVICE CLUB
BENCHMARK’S ADVISORY SERVICE FOR TRAVEL & TOURISM ASSOCIATES
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STANDARD TERMS & CONDITIONS
WHY?
The travel and tourism industry is exciting, challenging and imbues those who are fortunate enough to be involved in what is commonly known as ‘adventure tourism’ with a spirit of fronteerism – there are no barriers, only challenges….
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LEGAL AUDIT
1. WHAT IS A LEGAL AUDIT?
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