FAQs

Disputes & Legal Remedies

4 frequently asked questions about disputes & legal remedies

A cause of action that is vexatious will be characterised by proceedings that are instituted without sufficient grounds for suing, and are normally brought to cause annoyance or embarrassment to the Defendant. A cause of action that is malicious will be found in an action brought with the intention to harm people or their reputation, or cause them embarrassment and distress.

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If your luggage is lost or damaged during your holidays, you need to lodge a complaint as soon as possible. It is preferable to do so immediately as you become aware of the loss or damage.

  • The risk of lost or damaged luggage is higher at an airport and might be as a result of the airline. If that is the case, you can submit a claim with the airline you were travelling with.
  • The airlines have their own terms and conditions, including prescribed forms that would need to be filled in when submitting a claim.
  • It is worth noting that some airlines might have an indemnity clause in their terms and conditions that absolve them from being liable for damages or limit their liability. It is important to keep this in mind when booking flights.
Consumer Protection Rights

Our Gold Membership only covers Defamation claims against the Member. Our GoldPlus and Platinum Membership will cover the Main Member for Defamation claims by and against the Main Member. There is however a limitation of only one claim per 2 years by the Main Member. Our Teacher, Healthcare Professional and Enforcement Officer Benefit will cover defamation claims by or against the main Member in both his/her personal and private capacity, as well as in the course and scope of his/her employment.

Exclusions

At minimum, we would need the person's name, surname and available contact details. Tracing a debtor is an Insurance benefit only. If the claim is covered, we allow the Attorney to appoint up to 3 tracers on a "no trace, no fee" basis, which means that we will only pay the tracer if there is a successful trace. It should be noted that the legal debt recovery process is premised on the debtor being located and being of sufficient means to repay the debt.

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