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Does the CPA apply to foreigners and foreign travel service providers?

Sometimes it does. It will depend on where the contract was concluded. To determine this can be quite technical, but here are some pointers:

  • If the travel service provider has an office here and the transaction took place over the counter or telephone, the CPA will apply.
  • For online transactions, section 22 of the Electronic Transactions and Communications Act will apply. The transaction is concluded at the time and place at which the offer is accepted. You can dictate who is making the offer to whom in your terms & conditions. If the offer is accepted outside of South Africa, the CPA will not apply. Instead, the consumer protection laws of that country will apply.
  • Always check what your terms & conditions say about this.

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