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Summary on Law and matters related to Hospitality

- Featured article by LAWYERS-ONLINE.CO.ZA - June 2019

South Africa is one of the greatest tourism hubs in the world, with the Mother City, Cape Town consistently featured on top lists around the world. With that in mind, it makes sense that the hospitality market would be booming, but the questions beg, how is all this regulated?

Well, hospitality in South Africa is regulated through a myriad of legislative measures that draw from various acts. For example, labour in the hospitality industry is governed by Sectoral Determination 14 for the Hospitality Sector which sets out the wages and employment conditions for those working in the hospitality industry.

But it is not just employment that needs to be regulated within the hospitality industry, there are also environmental and consumer concerns. For the environment, developers of new hotels or venues need to ensure that they are in line with conservation guidelines as set out by various pieces of legislation and the Department of Environmental Affairs.

Those conducting business within the hospitality industry should also remain mindful of the Consumer Protection Act 68 of 2008. In this the rights of consumers are more fairly protected in for the hospitality industry it has an effect on the following:

  • Cancellation of reservations
  • Full prices must be disclosed
  • New marketing standards which influence hospitality advertising
  • The validity period of vouchers
  • Overbooking
  • A cooling off clause of 5 days

Of course, there are other pieces of legislation that also have an influence on the hospitality industry such as the law surrounding liquor licenses, food and hygiene legislation, gambling legislation and tobacco legislation. Each of these areas is heavily regulated and hospitality operators would do well to acquaint themselves with it.

If you are entering into the hospitality market or you require consumer advice regarding the hospitality industry, please reach out to us and we will refer your query to a qualified legal professional in our network.

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