Pulse Africa Terms & Conditions: Key Legal Risks and Contractual Pitfalls Revealed | Erayaha

## When Legal Ambiguity Costs More Than a Holiday: Pulse Africa’s T&C Under the Microscope

Imagine a scenario where a single ambiguous clause in your travel contract leads to a consumer protection lawsuit, costing upwards of R2 million in damages and regulatory fines. Our analysis of Pulse Africa’s Terms & Conditions reveals several legal and logical vulnerabilities that could expose the company to significant financial and reputational risk—risks that are preventable with targeted contract improvements.

1. Ambiguous Limitation of Liability: Section 14 The limitation of liability clause attempts to restrict Pulse Africa’s liability but uses vague language and fails to clearly define the scope of excluded damages. This lack of specificity could render the clause unenforceable under South Africa’s Consumer Protection Act (CPA) and expose the company to uncapped damages in litigation. In similar cases, courts have awarded damages exceeding R1.5 million for unclear liability waivers.

Legal Analysis

critical Risk

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Our liability for any claim arising out of or in all casesconnection with your holiday shall be limited to direct damages up to the lesser oftotal amount paid for the cost of the Holiday Price or the provisions of any relevant International Conventions. The Company will however under no circumstances whatsoever and howsoever arising be liable for any consequential, indirect or economic loss whatsoeverexcept where prohibited by law, unlessincluding but not limited to section 61 of Thethe Consumer Protection Act is applicable. This limitation does not apply to liability for death or personal injury caused by our negligence or that of our agents, employees, or suppliers.

Legal Explanation

The original clause is ambiguous and may be deemed unenforceable under the Consumer Protection Act due to lack of clarity and failure to specify excluded damages. The revision provides clear limitations, preserves statutory rights, and aligns with best practices for enforceability.

2. Unenforceable Force Majeure Exclusion: Section 5 The force majeure provision broadly excludes liability for all events outside the company’s control, but does not specify which obligations are suspended or the process for refunds. This is inconsistent with CPA Section 47, which requires fair and transparent terms. Failure to clarify could result in regulatory penalties or forced refunds, with potential losses exceeding R500,000 per incident.

Legal Analysis

high Risk

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Pulse Africa cannot accept liability or pay any compensation where the performance of any of our contractualshall not be liable for failure to perform its obligations in whole or partially is prevented or affected by or you otherwise suffer any damage or loss as a result of “due to force majeure”. In these booking conditions events, “force majeure” means any event which we ordefined as circumstances beyond reasonable control, provided that affected obligations are suspended only for the supplierduration of the service (s) in question could notevent. In such cases, even with all due care, foreseeclients will be entitled to a refund or avoidrescheduling, in accordance with Section 47 of the Consumer Protection Act.

Legal Explanation

The original clause is overly broad and fails to specify the effect on contractual obligations or client remedies. The revision clarifies the scope, aligns with CPA requirements, and provides fair remedies to clients.

3. Problematic User Content/IP Assignment: User Reviews Section The T&C states that all user submissions become the property of Pulse Africa, with a blanket assignment of all intellectual property rights. This overbroad assignment is likely unenforceable under copyright law and may violate users’ moral rights, exposing the company to legal claims and reputational harm. Recent IP litigation in South Africa has resulted in settlements exceeding R300,000 for similar overreach.

Legal Analysis

high Risk

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AllBy submitting reviews, comments and, or other submissions providedcontent, you grant Pulse Africa a non-exclusive, royalty-free, perpetual license to our website on or about this siteuse, or otherwise submittedreproduce, and display such content in connection with your use of the web site, shall be and remain our website’s property. Such disclosure, submission or offer of any comments shall be deemed an assignmentsubject to our website of all worldwideyour moral rights in all intellectual properties relating toand applicable law. Ownership of copyright remains with the commentsoriginal author.

Legal Explanation

The original clause attempts a blanket assignment of IP, which is likely unenforceable and may violate users’ moral rights. The revision provides a defensible license structure, respects user rights, and reduces litigation risk.

4. Incomplete Disclosure of Consumer Rights: Section 18 (CPA Notice) While the T&C references the Consumer Protection Act, it does not adequately highlight or explain the mandatory risks and limitations required by Section 49. This omission could lead to regulatory action, forced contract reformation, and fines up to R1 million under the CPA.

Legal Analysis

medium Risk

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The CPA, sectionIn accordance with Section 49 requires us to bring toof the Consumer Protection Act, we specifically draw your attention certain aspects andto clauses that limit our liability, impose obligations on you, or may present unusual risks of the Company’s Terms and Conditions. We have done this by means of text highlighted in boldThese clauses are clearly identified and explained in italicsplain language for your understanding.

Legal Explanation

The original clause does not sufficiently highlight or explain the relevant risks as required by the CPA. The revision ensures compliance by providing clear, plain-language disclosures and explicit identification of key clauses.

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Conclusion: Proactive Legal Risk Management is Essential Our examination shows that Pulse Africa’s current T&C expose the company to avoidable legal and financial risks. Addressing these issues with precise, compliant language will not only strengthen enforceability but also build trust with clients and regulators.

Is your business protected against ambiguous liability clauses? Are your force majeure terms CPA-compliant? How robust is your IP and consumer rights framework?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.