Should I Pay a Fee When I Cancel a Booking, Reservation or Order?

We Have Simple Answers For You!

The Consumer Protection Act protects you, the consumer from unfair business practices by people selling goods or offering you services. You may find the full Act by clicking here: Consumer Protection Act

Can I Cancel A Booking, Reservation or Order?

YES.

You have the right to cancel any booking, reservation or order you may have made in advance such as a hotel room, a wedding venue or wedding cake. However, this rule does not apply to goods that have been especially made for you, known as special order goods.

Can I Be Forced to Pay a Cancellation Fee?

Yes.

The supplier, for example a hotel or baker may have already asked you for a reasonable booking fee or deposit in advance. The supplier is, by law allowed to deduct a reasonable cancellation fee from that deposit.

What is a “reasonable” Cancellation Fee?

A reasonable cancellation fee is determined by:

  • the nature of the goods or services; a popular hotel in a busy tourist location may charge you more for cancellation.
  • the length of cancellation you gave the hotel/ baker.
  • whether there is reasonable potential for the hotel/baker that is acting diligently to find another person between the time you cancelled and the date you had the hotel room reserved for you
  • the normal rules of practice in that relevant industry. This means that if the hotel industry usually takes 20% of the booking fee when a booking is cancelled, that 20% is considered the reasonable cancellation fee.

What If The Cancellation Was Beyond My Control?

In some cases , you have no option but to cancel a booking, reservation or order. The hotel/baker cannot force you to pay a cancellation fee if the cancellation was because of the death or hospitalisation of the person the booking/ reservation was supposed to benefit.

Therefore, if you made a hotel booking for your mother on Mother’s day and she gets hospitalised on the day, the hotel cannot force you to pay a cancellation fee, even though you yourself are well on the day. This is because the person who was supposed to benefit from the booking is unable to make it.

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.

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Can I Be Forced to Buy Goods I Break Instore?

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The Consumer Protection Act protects you, the consumer from unfair business practices by the people selling things to you. You may find this Act by clicking here: Consumer Protection Act

Am I Allowed to Touch?

Firstly, it is important to understand that you have a right to examine the goods that are being sold to you. This means that you may freely inspect the goods in order to decide which goods you want to buy. In addition, you have the right to chose,  meaning you are allowed to reject the goods you do not want  and get the goods you do want, provided you have not yet paid for them.

Do I Pay for what I Break?

The law gives a very simple answer to this question..NO!

You are not required to pay for any goods that you may break in the process of examining goods. This is regardless of whether the shop has signs like this or not:

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However, the shop owner can make you pay for the broken goods if you broke the goods because:

  • you were acting recklessly
  • you did not show any level of care
  • you broke the goods intentionally

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.

 

How Do I Make Changes to my Will?

We Have Simple Answers for You!

This post follows our previous post How Do I Get A Valid Will? We have simple answers on how you can make changes to your will. These requirements are also found in the Wills Act which you can find by clicking here Wills Act

These are very similar to the requirements for a writing a valid will.

  • You must sign the document where you have made changes
  • You must sign in the presence of 2 competent witnesses meaning they must understand what they are signing
  • Your witnesses must sign in your presence and in each other’s presence
  • You may ask someone to sign for you, provided they will sign the will in your presence and the presence of 2 witnesses
  • if you use a  mark to sign the will instead of the signature you usually use, a commissioner of oaths must certify that  the changes were made by you or you requested for the changes to be made.
  • If you pass on before the changes have been certified, a commissioner of oaths must certify  these changes to your will as soon as possible after your death.

If these requirements have been satisfied, the court will enforce your will, considering the changes you made.

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.

 

How do I get a Will?

We Have Simple Answers for You!

What is a Will?

A will is a document stating your final wishes which is read by a court after your death. The court has a duty to make sure that your final wishes are carried out as you requested in your will. However, for the court to do this, your will must satisfy the requirements found in the Wills Act which you can find by clicking here Wills Act.

What Can I Put in my Will?

Most people think that you are only allowed to allocate your property in a will. However, you may also include

  • who the guardians of your children should be
  • who the executor of your estate should be ( an executor compiles a list of your assets and all your ,liabilities and decides how the debt must be paid and how the remaining assets Should be divided among the heirs of your estate.)
  • who should take care of your pets after your death

How Can I Make my Will Valid?

There are a few simple requirements that you should follow for your will to be considered valid by the courts

  • You must be over the age of 16.
  • You must sign your will-

This is very important. If you are unable to sign it, perhaps too sick or weak to do so, you may have someone sign it for you. However, this must be done in your presence otherwise the will will not be a valid one.

  • You need 2 competent witnesses-

You must sign your will in the presence of 2 competent witnesses. This means that your witnesses must be able to understand what they are witnessing. You need to have these 2 witnesses present even when you ask someone else to sign for you.  It is important to remember that your 2 witnesses must sign your will in your presence and in the presence of each other.

Please note that your 2 witnesses and the spouses of those witnesses cannot be heirs in your will. However, this rule can be ignored if the court is satisfied that you were not influenced into your decision by these witnesses.

  • You must sign on every page of the will

You may sign anywhere on all the pages, excluding the last page.

  • You may sign your will by making a mark that is not the  signature you normally use,

However, a commissioner of oaths must certify that the will is indeed yours. This must be done as soon as possible after writing your will. If you happen to pass on before the will has been certified, your will must still be certified by the commissioner as soon as possible after your death for your will to be valid.

You now have a valid will that will be enforced by the court following your death.

If your will does not satisfy these requirements upon your death,  it may still be enforced by the court ,if the court is satisfied that you intended for that document to be your last will and testament.

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.

Am I Being Harassed?

We have Some Simple Answers for You

What is harassment?

The Protection from Harassment Act of 2011 provides for the issuing of protection orders in cases of harassment.

When someone acts in a way that causes you harm or makes you believe that you may be harmed, that person is harassing you.

This includes if the person is

  • following you.
  • watching you.
  • pursuing you.
  • loitering around your home, work, school or other places you usually visit.
  • communicates with you either verbally, over the phone or through internet mediums such as Whatsapp, Facebook or Twitter or through other people.This is harassment whether or not you are replying the person.
  • sending packages or “gifts” to you or your friends and family or leaving the gifts where you or your family / friends can find them.

A person can harass you not only by causing physical harm but by causing you mental, psychological or economic harm too.

What should I do?

You can apply to a magistrate court for a protection order against the person who is harassing you. You may do this with or without a lawyer.

If you do not have a lawyer, the clerk at the court will explain to you how to make the application for a protection order and how to make other complaints against the person such as assault.

This application does not need to be made by you, your family or friend or anyone else who cares about your well-being can make the application for you.

You must remember to give your family member or friend a letter giving them your permission to apply on your behalf. This letter is required by the court, unless in the court’s opinion, you are unable to provide it.

If you are below the age of 18, you can freely go to the magistrate’s court and make this application , even without your parent or guardian’s assistance.

If you are facing great danger and you need a protection order immediately, you can even make the application after court hours or during the weekend when the court would otherwise be closed.

Your friends, colleagues, family or neighbours who have knowledge of the harassment or have witnessed it may also submit letters known as affidavits supporting your complaint.

The clerk of court is required by law to submit your application and the affidavits to the court immediately .

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

The Rights to the images used on http://www.mysimplifiedlaw.com and its social media belong to their respective owners. Please contact us for any queries in this regard.