© 2016 Tourism Grading Council of South Africa. All rights reserved.
Section 18 – Minister may establish grading and classification scheme in respect of accommodation establishments
(1) The Minister may upon the recommendation of the board, with a view to the maintenance or enhancement of the standards and the quality of facilities and services rendered or made available by persons conducting accommodation establishments, establish a grading and classification scheme in respect of accommodation establishments. (5) The board shall in respect of any accommodation establishment classified and graded in terms of a scheme referred to in subsection (1) grant authority to the person conducting the establishment to use and display in respect of that establishment the prescribed insignia, which shall include a depiction or depictions of a star or a number of stars which indicate that grading awarded in respect of that establishment in terms of the scheme.
Section 28 – Offences and penalties
(1) Any person who – (a) Professes to be a member of a grading and classification scheme referred to in section 18, or of a scheme referred to in section 19, while he is not such a member; (b) Uses in relation to any accommodation establishment conducted by him any depiction or depictions of a star or stars, unless he is a member of a scheme referred to in paragraph (a); (c) Uses in relation to any accommodation establishment conducted by him an insignia depicting a number of stars which is greater than the number which he is authorized to depict in terms of such scheme; …
shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
Section 41 – False, misleading or deceptive representations
(1) In relation to the marketing of any goods or services, the supplier must not, by words or conduct – (a) Directly or indirectly express or imply a false, misleading or deceptive representation concerning a material fact to a consumer; (b) Use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception; … (3) Without limiting the generality of subsections (1) and (2), it is a false, misleading or deceptive representation to falsely state or imply, or fail to correct an apparent misapprehension on the part of a consumer to the effect, that – (a) The supplier of any goods or services has any particular status, affiliation, connection, sponsorship or approval that they do not have; (b) Any goods or services – … (ii) are of a particular standard, quality, grade, style or model; …
Section 34 – Infringement of registered trade mark
(1) The rights acquired by registration of a trade mark shall be infringed by – (a) The unauthorized use in the course of trade in relation to goods or services in respect of which the trade mark is registered, of an identical mark or of a mark so nearly resembling it as to be likely to deceive or cause confusion; (b) The unauthorized use of a mark which is identical or similar to the trade mark registered, in the course of trade in relation to goods or services which are so similar to the goods or services in respect of which the trade mark is registered, that in such use there exists the likelihood of deception or confusion; (c) The unauthorized use in the course of trade in relation to any goods or services of a mark which is identical or similar to a trade mark registered, if such trade mark is well known in the Republic and the use of the said mark would be likely to take unfair advantage of, or be detrimental to, the distinctive character or the repute of the registered trade mark, notwithstanding the absence of confusion or deception…
The Member Establishment warrants and guarantees that:
3.25.1 It shall pay all invoices received from the TGCSA in terms of this agreement, within 30 days of date of invoice.
3.25.2 It acknowledges and recognises that the TGCSA is (notwithstanding any independent enquiries it may make) dependent on and will rely on the veracity of the information conveyed to it (whether orally or in writing) and in particular as contained in any application for Membership furnished to the TGCSA.
3.25.3 that it has a positive duty and obligation to disclose to the TGCSA all and any information of any nature whatsoever that may influence the TGCSA in its Assessment process and the awarding Star Grading to the Member Establishment.
3.25.4 all information submitted to the TGCSA in applying for a Membership or a renewal thereof is complete, correct and accurate in every respect and that it is not in any way misleading whether inadvertently or not and that all information furnished is accurate and complete, it having been checked as to authenticity, integrity and is current and is to the best of the Member Establishment's knowledge correct and complete having made all proper and reasonable enquiries in all respects and has not been improperly and/or unlawfully obtained and/or presented.
3.25.5 that it shall not act in concert (both actively or passively) with the Assessor or any other party to mislead or to participate in conduct which is likely to mislead the TGCSA or which conduct may cause damages, prejudice or harm - whether the extent of such damages, prejudice or harm can be quantified or not.
3.25.6 it has not accepted, offered or agreed to accept or give or offered any gratuity/incentive/bribe to any person in order to influence such person to act in a manner which amounts to the illegal or dishonest exercise or performance of any duty, power or discretion;
3.25.7 it has not committed any act, matter or thing which constitutes improper and/or unlawful and/or immoral conduct in general and in particular any conduct constitutes or may constitute corrupt activities within the ambit of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended.