Tour operator held responsible for Australian tourist injuries on safari
After losing her balance and falling from a safari vehicle in Botswana, an Australian tourist can claim damages, the Supreme Court of Appeal ruled disclaimers don’t absolve the operator.
Image: Supplied
The Supreme Court of Appeal (SCA) has ruled that a tour operator cannot rely on indemnity forms to escape liability after a tourist was seriously injured on a safari.
The case centred on the signing of an indemnity form and a disclaimer, which were scrutinised by the SCA after Australian tourist Anu Murti claimed damages for injuries sustained when she lost her balance and fell from a safari vehicle.
The Gauteng High Court had earlier ruled in Murti’s favour, finding that Tourvest Holdings is liable for her damages. The company appealed to the SCA, relying on disclaimers included in brochures sent to Murti’s life partner before the safari began.
Her partner, who had organised the safari as a birthday surprise, signed the indemnity form and disclaimer on behalf of both of them.
The SCA found that the tour operator could not rely on an indemnity signed by Murti’s partner on her behalf.
The incident occurred in 2018 when Murti was travelling in a safari truck in Botswana, part of a Southern African tour arranged by Tourvest Holdings, trading as Drifters Adventours.
The truck had been converted to carry 17 passengers plus the driver, with large side windows to facilitate wildlife viewing. It also contained private lockers at the rear of the passenger compartment, which Drifters promoted as accessible to passengers even while the truck was in motion.
Murti moved from her seat to access her locker while the truck was moving. She lost her balance, fell against a window, which dislodged from its frame, and tumbled onto the tar road, sustaining multiple injuries.
In her high court claim, Murti alleged that her injuries were caused by the negligence of Drifters and its employee, the driver of the truck.
Drifters argued that it was not liable, citing two disclaimers. The tour operator claimed that Murti was aware of the disclaimer and had signed it before embarking on the safari.
The SCA subsequently dismissed the appeal. The High Court will now decide the amount of damages payable to Murti.