NAA-SA MEMBERS’ HANDBOOK 2007 and Application
CONTENTS
What are the vision and objectives of the NAA-SA?
Why join a local B&B association?
How to update your details on the NAA website
NAA guest register
How to order signs, plaques and the NAA guest register
Insurance
Important information about TV licences
Radio/music legislation
Certificate of compliance for food preparation
Smoking legislation
Labour law
Business levy
Liquor licence
Income tax
Useful websites
How to make a claim to the Small Claims Court
Sample text and templates
What do you get for your subscription to the NAA?
NAA Code of Ethics
Vision
To have an organisation which has credibility with key provincial and national role players and which assists, supports and represents its members whilst striving to enhance the position of the smaller accommodation establishments in the hospitality industry.
Objectives
To be a preferred provider of accommodation.
To be the unified recognised voice in our industry.
To promote and encourage the growth of the national body of smaller accommodation establishments.
To market our accommodation and services by effective networking, making referrals to our members and supporting the public and private sector efforts to promote the smaller accommodation establishment industry.
To negotiate on behalf of our members.
To bargain on behalf of our members.
To communicate on behalf of our members.
Joining (or creating, where one does not exist) a local B&B association strengthens your and your fellow members’ position for negotiation with suppliers and your municipality and tourism bodies.
Many associations of this kind have joined together to form provincial associations, similar to ‘Master Builders Associations’. The way in which they give assurance to customers that their members are reputable and reliable is exactly mirrored by the B&B provincial body.
The provincial B&B associations form the NAA-SA – the national body. This ensures that NAA members have both a ‘united voice’ and an ‘individual voice’ at every level.
For more information, contact the NAA-SA central offices: 035 753 4147 or 031 561 3795, or e-mail: info@naa-sa.co.za . Also refer to the NAA website - click here.
As a member, you will need to know how to check and update your membership details on the
NAA website.
1.Go to the NAA-SA website: www.naa-sa.co.za.
2.Click on navigation here, in the top left-hand corner of the page.
3.On the drop-down menu that appears, click on members – log-on.
4.You will need your NAA membership number to log in. Your number should be a 10 or 11 digit number looking, for example, like: BN012KZNAA (no spaces, no dots). The first two letters are the local association, followed by the member’s number (it must be a numerical 0 not the letter O), then the province and NAA.
5.Please check the details of your establishment. If they are incorrect e-mail the changes using the e-mail box at the end of your details page and signing it with the name of your establishment and your membership number.
If you have persistent difficulties, contact us on 082 300 0309 or e-mail info@naa-sa.co.za quoting your membership number.
By law, you are required to keep a register of guests, in order to comply with the Aliens Act. Registers are available from the NAA: a hardback book with a logo and guesthouse name and 1 000 listings. See information regarding ordering, below.
On the NAA website, www.naa-sa.co.za, using the navigation bar click on downloads to print off the order forms. Or e-mail info@naa-sa.co.za.
The important thing to realise is that ordinary domestic house insurance does not cover you adequately as a B&B.
A guest could drown in your pool. Or a guest could fall on your property, or get food poisoning – and you could be sued in another currency for compensation for the rest of their life. It sounds awful, but you really do need to be prepared for all eventualities!
Contact your broker to source insurance that offers a customised B&B insurance policy, complete with:
public liability;
cover for theft from a room;
cover for an accident in your car ferrying guests from A to B during their stay;
cover for loss of earnings (in cases of disaster, such as shark attack, bomb etc.);
and more.
BnB Sure is the only policy endorsed by the NAA-SA and gives public liability cover of minimum R 30 million. REMEMBER: Ask your broker!
As an operator of a commercial venture – a B&B – you are required to comply with the rules with regard to publicly displaying TV programmes. The SABC, MNet and Multichoice will consider you a business and charge you as such. The SABC will require you to obtain a TV licence for every TV set on your property. It is advisable to declare your intentions to TV programme suppliers and pay the correct fees. To do otherwise could make you liable for penalties and fines. See further details below.
Contact Multichoice to ask about obtaining a commercial licence to display MNet and DSTV.
Legal requirements
Under the Broadcasting Act (No. 4 of 1999) the following provisions are promulgated: no business may use any television set unless in possession of a business licence issued against payment of the prescribed fee in terms of the Act for each TV set so used.
A ‘business’ is defined here as a person who uses a television set:
in the course of conducting his/her business;
in the course of engaging in commercial transactions;
as part of his/her activities for gain;
on premises that are occupied for business purposes.
It is quite clear from the above that all owners/operators of B&Bs – whatever the number of rooms – should be in possession of such a licence, in addition to a licence for a personal TV.
NB: Having your personal TV set in the lounge, and no TV sets in the bedroom/s, is not an option; a personally licensed TV will need to be housed in a room never used by the paying guests.
Discount for NAA members
The good news is that all businesses with 10+ TV sets qualify for a discount, on a sliding scale up to 500, which gets a 25% discount. And, as an organisation, the NAA qualifies for the maximum discount; so even the owners of fewer than 10 TV sets benefit, which they would not as non-members.
NB: The discount does not apply to new TV licences; it is only applied on the first renewal.
To get a business TV licence, please contact the SABC on 011 330 9555, quote your NAA membership number, and they will advise you what to do.
NB: The licence is renewable 01 October every year. TV licences must be paid by 07 October each year to be eligible for the discount. Failure to pay the TV licence by 07 October will mean that your discount will be cancelled, and you will become liable for the full amount plus any penalties. If you pay the discounted amount after the due date, the balance will be carried forward to the next year, when no discount will be allowed.
When you pay for your TV licence, be sure to state the number of TVs you are paying for and keep the receipt for future reference.
If you rent your TV sets through Teljoy, you can supply Teljoy with your NAA number, which Teljoy will then submit to the SABC on your behalf. Please ensure that you enter the fact of your Teljoy rental and number of sets on the NAA website, because the NAA sends the SABC a list of such members, to cross reference with the Teljoy submission.
TV licences may be transferred when properties are sold; in such cases, the buyer and the seller between them should arrange the adjustments in subs paid, and the SABC should be advised of the details of the new owner.
The NAA’s responsibilities with regard to TV licences
The NAA is required by the SABC to submit, by a certain date each year (generally the end of June), a list of paid up members with licence numbers and number of sets. This list is compiled from the NAA website database, which is why it is so important for each NAA member to enter the TV details on the NAA database. The SABC does not have access to that database; the NAA merely sends the SABC the list.
For more information about the NAA and TV licences, contact: Gillian Siedle, NAA Treasurer, tel/fax: 031 209 6787, e-mail: accounts@naa-sa.co.za.
If you intend playing background music to your guests, provide radio alarms in the guest rooms or have a TV in every room, you must apply for a licence to do so from the South African Music Rights Organisation (SAMRO): 011 489 5000. The licence costs approximately R330.00 annually. Refer to the Copyright Act (No. 98 of 1978 – criminal penalties in Section 27(3).
This certificate must be obtained from your local Department of Health. Remember that if a guest contracts food poisoning you will need the protection of the health inspector. If you apply for a certificate of compliance for food preparation, you will be given six months to put right any wrongs that might be found on inspection. If you are caught operating without a certificate you will be closed down until compliance is achieved.
Signs must be displayed in areas designated for smoking, with no-smoking signs elsewhere. The applicable legislation is the Tobacco Products Control Amendment Act, 1999.
For assistance with staff and their contracts and rights, check with the State Library for copies of Employment Conditions and Labour Legislation as it applies to the Hotel and Catering Industry (Basic Conditions of Employment Act ,1998, or Wage Determinations if they apply to your area). Consult www.labour.gov.za for more information.
Every business used to be liable for payment of the Business Levy. This was abolished in 2006 but is due to be replaced at some stage in the future; so, stay alert for developments and requirements in this regard.
If you intend to offer liquor to your guests – whether it be for profit or complimentary – you will require a liquor licence. Each province has its own Liquor Act and you will need to comply with this; you should be able to obtain the necessary information from your provincial government website (see Useful websites, below). It is often a complicated application procedure and you may wish to use the services of an agent or lawyer.
Register as a provisional taxpayer and use the services of an accountant to make sure that you both comply with tax legislation and take advantage of the tax deductible aspects of running a B&B: www.sars.co.za.
NAA-SA website: www.naa-sa.co.za
(If you enter through the map you view the site as a potential client. If you enter using the navigation bar you view the site as a member.)
Labour law information: www.labour.gov.za
Department of Trade & Industry, for funding opportunities: www.dti.gov.za
Provincial government, for information on legislation in your province: www.gov.za/structure/provincial.htm
Tourism Grading Council, to apply for grading or information: www.tourismgrading.co.za
Applications for opening a CC or checking a business name: www.cipro.co.za
South African Revenue Services: www.sars.co.za
BnB Sure: www.bnbsure.co.za
BnB Finder: www.bnbfinder.co.za
To report scams or bilkers: www.badguest.co.za
Paralegal advice: www.paralegaladvice.org.za/docs/chap03/03.html
Buying or selling an establishment: www.bnbproperties.co.za
Internet advertising: www.voyage100.co.za
BEE Charter Self Assessment Tool: www.tourismbeecharter.co.za
Tourism Kwazulu Natal: www.zulu.org.za
The Small Claims Court is also a civil court, but the procedure is much simpler than in a civil court. The Small Claims Court allows people to bring claims for less than R3 000 cheaply and quickly. There are some cases that the Small Claims Courts cannot hear.Representation
If you want to, you may ask a lawyer or paralegal to give you advice before the case. But in the Small Claims Court itself you are required to speak for yourself.
Contacting your opponent by telephone and letter
It is important to contact the other person – your ‘opponent’ in the case – either by telephone or in writing before you take any steps through the Small Claims Court. You must explain what you are claiming and why you are claiming this. If you have only spoken to your opponent on the telephone, you must then write him/her a letter setting out your claim. If the person refuses to answer your request, you can then take further steps.
Letter of demand
If you want to use the Small Claims Court, you must send an official Small Claims Court letter of demand to your opponent. The letter of demand is written by a paralegal on behalf of the client who is claiming, informing the opponent of the intention to take the case to the Small Claims Court. The Small Claims Court can be contacted to provide you with a form for the letter of demand.To the letter of demand you add a full description of your claim. Keep a copy of the letter for yourself. Send the original letter to your opponent by registered post or deliver it by hand.
If you send the letter by registered post, you must ask the post office to send a pink AR card with the letter. When the opponent gets the letter, s/he must sign the pink card. This is then returned to you and serves as your proof of receipt of the letter of demand. Keep the certified registered slip and the pink card in a safe place.
If you deliver the letter by hand, the person who receives the letter must sign another copy of the letter saying that s/he received it. Keep this signed copy in a safe place.
You must give your opponent 14 days to reply. If your opponent does not reply within 14 days you can issue a summons.
The summons
Take a copy of the letter of demand and proof that it was sent (for example, a registered slip from the post office and the pink card), to the Clerk of the Small Claims Court. Ask the Clerk to issue a summons. The Clerk of the Court will help you fill out a summons form. You then take the summons to your opponent at his/her home or place of work. If you do not want to take the summons yourself, you can give it to the Sheriff of the Court to take to your opponent. You may have to pay between R30 and R40 for this service.
The summons gives your opponent 10 days to pay the claim. It also mentions a date after the 10 days when s/he must appear in the Small Claims Court if the claim is not settled.A Statement of Defence
If your opponent wants to, s/he can hand in a Statement of Defence to the Clerk of the Small Claims Court, although this is not necessary. Your opponent might decide that s/he will mention his/her defence for the first time at the actual court appearance.
The trial
At the trial, the Small Claims Commissioner (who is usually a lawyer) is the person who makes the decision. S/he is like a judge or magistrate. The Commissioner explains the court procedure to both sides and helps both sides to present their cases. The Commissioner then asks all the questions. You can only ask your opponent questions when the Commissioner says that you can. Note that if you do not understand English or Afrikaans, you can ask for an interpreter – but you must do so before the day of the case.
Both you and your opponent can call any witnesses to support your cases. The Commissioner will question the witnesses. The parties should also bring any documents involved in the case: for example, an invoice, receipt, photographs, statements by other people and so on, which could be used as evidence.
Changing the claim
At any time before the case, you can ask the Small Claims Commissioner to change some of the details in any of the documents. Or you can ask the court to stop the claim altogether. The Commissioner will allow any changes which s/he decides are reasonable.
What happens if your opponent does not come to court?
The court can still make its decision even if your opponent is not there. The Commissioner can give what is termed a ‘default judgment’. The same methods for enforcing a judgment can be used as in an ordinary civil case.
The judgement
To give judgement, the Commissioner will decide, on a 'balance of probabilities', who is right. This is the same as in other civil cases. The Commissioner does not have to listen to all the witnesses if s/he thinks it is not necessary. When the Commissioner has heard the evidence, s/he needs to decide the case, the trial stops and judgment can be given.
Appeal and review
The Commissioner's decision or judgment cannot be taken on appeal. However, the Commissioner's judgment can be taken on review in the High Court on three possible grounds:
If the court did not have jurisdiction – i.e. if the case should not have been heard in that court;
If the Commissioner was biased or corrupt; or
If the proper procedure was not followed in the Court (also termed ‘a gross irregularity’) – e.g. if the Commissioner did not allow one of the sides to tell their story.
Steps following judgment
The judgment of the court is final, unless there are grounds for review. If judgment is given against you, you must do whatever the court says you must do. You must pay any costs that the court makes against you. If you are the plaintiff, these costs can only be for fees for the messenger of the court. If judgment is given against your opponent, s/he must immediately pay you whatever the court says.
Information supplied by Michele de Souza, Greenlands, Pietermaritzburg
SAMPLE TEXT AND TEMPLATES: BOOKINGS
General Terms and Conditions
Tip for the B&B owner: Fill in the applicable check-in times and surcharge details as they apply to your own establishment in the information below.
Insurance: To avoid any misunderstanding, a booking constitutes a binding contract. All guests confirming a booking are advised to take out insurance to cover the full cost of their accommodation in the event of a cancellation. We will seek compensation for any cancelled accommodation that cannot be relet, including premature curtailment.
Check-in time is from ____________ until ____________. Late check-ins to be arranged prior to arrival. Check-ins after 9 pm will incur a surcharge of R____________.
Accommodation will automatically be cancelled if the deposit is not received by the due date. Deposits are not refundable in the event of a cancellation, or ‘non arrival’. No persons other than those quoted for, are permitted to share the accommodation.
Confirmation of booking
Tip for the B&B owner: Put this clause at the bottom of your Reservation Form.
The Terms and Conditions of this booking are deemed as being accepted on receipt of the deposit, or credit card details.
Protection from a credit card charge back liability
Tip for the B&B owner: Put the following on your invoice when a guest uses a credit card to pay for accommodation.
I, the undersigned, confirm having used/received the goods/services from _______________ [insert the name of your establishment] reflected hereunder.
Client Signature __________________________________
Client Name __________________________________
ID/Passport Number __________________________________
Date __________________________________
SAMPLE TEXT AND TEMPLATES: CANCELLATION POLICY
Tip for the B&B owner: The approach outlined below would apply to those B&B owners who do not want to follow the Non Refundable Deposit Route.
Cancellation policy
Less than 7 days, forfeit the full deposit.
From 7 to 14 days, forfeit 75% of the deposit.
From 14 to 21 days, forfeit 50% of the deposit.
From 21 to 28 days, forfeit 25% of the deposit.
Tip for the B&B owner: If a booking is cancelled well in advance, i.e. 30 days or more, charge a cancellation fee to cover the cost of your time and the administration work involved, for example 5% or 10% of the value of the deposit.
SAMPLE TEXT AND TEMPLATES: STAFF SALARY ADVANCE OR LOAN
Most people running a B&B are asked at some time or another to give a member of staff an advance on their salary, or a loan to be paid back from their salary, either once-off or over a period of time. The following forms must be signed by both the employer and the employee in accordance with Labour Law.
ADVANCE APPLICATION FORM
I, _____________________________ hereby wish to apply for an advance against my salary.
The reason for the advance is: ____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
If the advance is granted, I authorise the company to deduct the full amount off my next salary.
____________________________ ___________________________ ____________________
EMPLOYEE SIGNATURE IDENTITY NUMBER DATE
APPROVED / NOT APPROVED
________________________ _______________________
MANAGER SIGNATURE DATE
DEDUCTION AUTHORISATION FORM
I, _____________________________ hereby confirm that I have received the amount of R ________
(in words) ____________________________________________ on the ____ day of ____________
__________.
I hereby authorise the company to deduct the full amount off my next salary.
____________________________ ___________________________ ____________________
EMPLOYEE SIGNATURE IDENTITY NUMBER DATE
WHAT DO YOU GET FOR YOUR SUBSCRIPTION TO THE NAA?
1.NAA-SA represents the B&B and self-catering industry at national level.
2.Representation with FEDHASA, both via individual NAA member participation and affiliation to FEDHASA EAST COAST, and membership to TBCSA.
3.Representation on the THETA Hospitality Chamber and TBCSA.
4.Representation at tourism meetings – the input at these meetings on behalf of the industry is vital and affects decisions made about the industry.
5.Information, support and advice regarding all your questions.
6.Special rate with ABSA Bank for credit card machine and commission and landline or cellphone option.
7.Special rate with Nedbank iVeri Voice online credit card transactions from a fixed line or cellphone, no penalty for low turnover and Nedbank Credit Card Machines.
8.Special deal with Entertainment Line, which includes Jadeaire mobile credit card facility, at 2.5% commission rate with Nedbank.
9.Marketing at Indaba, Getaway Shows, and the World Travel Market.
10.Free listing in the NAA Accommodation Directory distributed at Indaba.
11.15% discount on BnB Sure Insurance (this is the policy preferred by the NAA-SA and it provides public liability insurance of minimum R30 million).
12.Free listing on NAA dedicated website to promote member establishments.
13.Discount with Sealy.
14.Discount with Wetherlys (7.5%).
15.Loyalty points discount with Hirsch’s Homestores.
16.Members get a 25% discount on TV licences.
17.Crimewatch notices – these have saved NAA members thousands of rands, because ‘forewarned is forearmed!’
18.Newsletter providing interesting information, tips and legal advice.
19.Countrywide referral system to pass on business from one province to another.
20.NAA signs for display in establishments (for legal protection and guests’ information).
21.NAA guest register (for purchase).
22.Helpline and Advice Line: 082 900 0309.
NAA CODE OF ETHICS
I, as a member of NAA-SA and owner/manager of
__________________________________________________________________
hereby commit myself
to maintain the highest standards of hospitality, service, cleanliness and safety;
to consistently give value at a fair price;
to ensure that no guest, or potential guest, is discriminated against in any manner;
to avoid untruthful or misleading statements in publicity and/or advertising;
to conduct myself in such a manner so as to bring credit to the association and to the tourism industry at large; and
to respect the constitution of South Africa and comply with all relevant national, provincial and local legislation.
