Tourvest Holdings (Pty) Ltd v Murti

The respondent, Ms Anu Rekha Murti, was injured on 17 November 2018 while travelling in a moving safari truck in Botswana on a tour arranged by the appellant, Tourvest Holdings (Pty) Ltd trading as Drifters Adventours. The truck was marketed as having lockers accessible while driving. When Ms Murti stood up to access her locker, she lost her balance, fell against a window, which dislodged, causing her to fall from the truck onto the road and sustain injuries. Her life partner, Mr Brendan Hannon, had arranged and paid for the tour as a surprise gift and had received a brochure containing a general disclaimer. An indemnity and disclaimer form was later signed by Mr Hannon on Ms Murti’s behalf, without her knowledge or consent. Ms Murti sued Drifters in delict, alleging negligence in maintaining the vehicle, failing to warn of danger, and misrepresenting safety. Drifters relied on the brochure disclaimer and the signed indemnity to exclude liability.

The appeal was dismissed with costs, and the order of the Gauteng Division of the High Court standing that the appellant was not exempt from liability by the disclaimers.

The case reaffirms strict requirements for enforcing exemption clauses and disclaimers in South African law, particularly in adventure tourism contexts. It clarifies the limits of agency, quasi-mutual assent, and ticket-case principles, and emphasises the protective role of the Consumer Protection Act in requiring clear and prominent disclosure of risk and liability exclusions. The judgment underscores that suppliers bear the onus of proving informed consent to disclaimers.