Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 2 : Fundamental Consumer RightsPart C : Consumer's right to choose17. Consumer’s right to cancel advance reservation, booking or order |
| 1) | This section does not apply to a franchise agreement, or in respect of any special-order goods. |
| 2) | Subject to subsections (3) and (4), a consumer has the right to cancel any advance booking, reservation or order for any goods or services to be supplied. |
| 3) | A supplier who makes a commitment or accepts a reservation to supply goods or services on a later date may— |
| a) | require payment of a reasonable deposit in advance; and |
| b) | impose a reasonable charge for cancellation of the order or reservation, subject to subsection (5). |
| 4) | For the purposes of this section, a charge is unreasonable if it exceeds a fair amount in the circumstances, having regard to— |
| a) | the nature of the goods or services that were reserved or booked; |
| b) | the length of notice of cancellation provided by the consumer; |
| c) | the reasonable potential for the service provider, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice and the time of the cancelled reservation: and |
| d) | the general practice of the relevant industry. |
| 5) | A supplier may not impose any cancellation fee in respect of a booking, reservation or order if the consumer is unable to honour the booking, reservation or order because of the death or hospitalisation of the person for whom, or for whose benefit the booking, reservation or order was made. |
