Terms & Conditions

1. Contract

1.1 The contract will become effective as from the date the invoice is completed and the deposit, referred to in Clause 2.1, is received by Desert Tracks Bookings and Safaris cc (hereinafter known as the Company).

1.2 The contract is subject to the Namibian Law.

1.3 Any person making a reservation as per Clause 8.4 accepts the terms and conditions of this agreement set out hereunder.

2. How to Book

2.1 A deposit is required to confirm any reservation and is to be done by the agent or client (see Clause 8.4) in writing or by e-mail. The amount of the deposit is determined by the Company and confirmed in writing at the time the booking is made.

2.2 The Company must receive the balance of the contract price no later than 42 days (6 weeks) prior to departure.

2.3 If the Company does not receive the full contract price 42 days (6 weeks) before the departure date, the Company may cancel the reservation and retain whatever deposit or other funds it has already received from the client or his agent.

3. How to Pay

3.1 The payment options will be provided upon confirmation of a booking.

3.2 All quotations and invoices are issued in the currency stated on the invoice, and payment must be made in that currency unless the Company has agreed otherwise in writing. Where payment is made in another currency, any shortfall arising from the rate of exchange applied remains payable by the client.

3.3 All bank charges, transfer fees, intermediary bank fees and card surcharges are for the client’s account. The Company must receive the full invoiced amount net of such charges, and a booking is not treated as paid until the full invoiced amount reflects in the Company’s account.

3.4 Proof of payment must be sent to the Company by e-mail at the time payment is made.

4. Our Cancellation Policy

4.1 Any cancellation of a confirmed booking must be done in writing (email) to the Company at bookings@desert-tracks.com, whereupon cancellation charges as per Clause 4.2 will apply. The date of cancellation is the date on which the Company receives the written notice.

4.2 The following cancellation fees (as a percentage of the fully quoted price) are applicable to any cancelled travel:

4.3 Please note: the notice period is calculated from the date of cancellation to the start date of the tour/safari booking.

4.4 No refund will be made by the Company if, for any reason, inclusions or parts of the tour cannot be carried out / or utilised. These would include all facets such as meals, game drives, accommodation etc. This would also apply to any client who has booked a tour but fails to undertake the tour for any reason.

5. Our Changes Policy

5.1 If a booking is changed to an earlier date than originally reserved, the Company will endeavour to change it. If the booking is for a later date, charges as per Clause 4.2 could apply.

6. Price Changes

6.1 The Company reserves the right to increase the price of any tour prior to departure due to factors beyond the control of the Company, such as, without being limited to, an increase in fuel prices, new Government legislation, accommodation price increases, fluctuations in exchange rates, etc.

6.2 If the Company announces an increase in the tour price in terms of this Clause, such additional amount must be paid to the Company before the departure of such tour or else the Company shall have the right to cancel the tour and the charges in Clause 4.2 will apply.

7. Changes to Itineraries

7.1 The Company shall at any time have the right, in its entire discretion, to alter the terms of the booking in relation to the route, timetable, itinerary and accommodation. The Company shall, however, make every effort to offer the client an alternative tour of a comparable standard. Should the alternative be of a lesser standard, the client will be refunded the difference, but should there be an increase, the client shall have the right to either reject the alternative and obtain a refund of the relevant portion of the original contract sum, or to accept the alternative and pay the increased cost. In the event of the client rejecting the alternative tour and claiming a refund, such rejection will be treated as a cancellation and the refund will be calculated according to Clause 4.2 hereof. The client shall have no claim against the Company for any damages arising out of the alternative booking.

8. Responsibility and Liability

8.1 Neither the Company nor any person acting for, through and on behalf of the Company shall be liable for any loss or damage whatsoever arising from any cause whatsoever and without restricting the generality of the aforegoing shall particularly not be responsible for the loss or damage arising from any errors or omissions contained in its brochure or other literature, late or non-confirmation or acceptance or bookings, loss or damage caused by delays, sickness, injury or death, whether occasioned by negligence or not.

8.2 The Company shall have the right at any time at its sole discretion, to cancel the tour or the remainder thereof or to make an alteration in the route, accommodation price or other details. This would include any event of any tour being rendered impossible, illegal or inadvisable by weather, avalanches, strike, war, government or other interference or due to any other cause whatsoever. The extra expenses incurred as a result thereof shall be the responsibility of the client.

8.3 The Company may at its discretion and without liability or cost to itself at any time cancel, or terminate, a client’s booking and in particular, without limiting the generality of the aforegoing, it shall be entitled to do so in the event of illness or the illegal or incompatible behaviour of any client undertaking the tour, who shall in such circumstances not be entitled to any refund.

8.4 Any person making a reservation with the Company (refer to Clause 1.3) warrants that he or she has the necessary authority to enter into this contract on behalf of the person or persons included in such a booking. The person making the reservation shall be liable for the total amount due to the Company.

9. Client’s Obligations

9.1 It is a condition of travel that the client obtains comprehensive travel insurance before departure. Such insurance must as a minimum cover cancellation and curtailment, medical expenses, emergency medical evacuation and repatriation, and should further cover the protection of personal property and money. The Company recommends that such cover is in place from the date of booking, may request evidence of it at any time, and accepts no responsibility for any client who travels without it.

9.2 The onus is upon the client to ensure that passports and visas are valid for the duration of the safari. The Company cannot be held liable for any necessary visas or other travel documents not held by clients. In the event of a client not having the necessary documentation to enter any area or country the Company shall reserve the right to leave the client at the point of entry of such area or country. In such an event, the Company will not be held responsible to the client for further travel arrangements.

9.3 The onus is upon the client to ensure that any entry, health or vaccination requirements in force at the time of travel, whether imposed by the country of intended travel or by the airline with which the client will travel, are met. The cost of meeting any such requirement is for the client’s own account. While the Company can assist with arrangements in-country, the Company will not be held responsible for such arrangements or for the timing of any results.

10. Health and Personal Safety

10.1 The client shall be reasonably fit to undertake the tour. The client must advise the Company in writing, at the time of booking, of any medical condition, disability, allergy, dietary requirement or medication that may affect the client’s participation in the tour or the assistance the client may require.

10.2 Anti-malaria precautions should be commenced prior to tour departure. A medical doctor should be consulted for advice.

10.3 Tours offered by the Company cover a wide spectrum of the African wilds and neither the Company, its employees nor its agents can be held responsible for any injury or other related incidents whilst on the tour / safari.

10.4 The Company cannot be held responsible for any client who falls ill or contracts any illness or infectious disease while in-country. The client accepts that travel is undertaken at the client’s own risk.

10.5 Certain activities forming part of, or offered during, a tour — including but not limited to game drives, walking activities, quad biking, dune and mountain driving, boat trips and scenic or charter flights — carry inherent risk. The client participates in all such activities at the client’s own risk. Where the client drives any vehicle, whether hired through the Company as agent or otherwise, the client does so at the client’s own risk and remains responsible for compliance with all applicable traffic and road regulations.

10.6 Clients under the age of 18 must be accompanied by a parent or legal guardian, who accepts responsibility for the minor for the duration of the tour. Certain lodges, camps and activities impose minimum age limits, and the Company will advise the client of these at the time of booking. The client is responsible for holding the documentation required by the immigration authorities in respect of minors, including unabridged birth certificates and, where applicable, parental consent affidavits.

11. Baggage

11.1 Clients are limited to one soft sports type bag per person with a maximum weight of 20 kilograms. This includes photographic equipment and hand luggage. Where the itinerary includes a charter flight, the lower limit set out in Clause 12.2 applies.

11.2 Due to the rugged terrain, the Company cannot be held responsible for damage or loss of any personal items including bags, contents of bags or photographic and related equipment. Due to extremely dusty conditions, please ensure all bags are dust proof.

12. Airline and Car Hire Clause

12.1 The Company will act as the agent of the client when booking the client with a car hire company, an airline or air charter service. The client therefore contracts with the car hire company, airline or charter service and not with the Company.

12.2 Charter flights are normally operated by smaller type aircraft such as Cessna 210. Luggage is strictly limited to 10-15 kgs (depending on terms of particular airline used) per person in soft hold all type bags. Due to the desert heat, it is not safe to overload aircraft thus this limit needs to be strictly controlled.

13. Force Majeure

13.1 “Force Majeure” means any event beyond the reasonable control of the Company, including but not limited to: epidemic or pandemic and any governmental response thereto; the closure of borders, airports, parks or conservancies; war, civil unrest, terrorism or industrial action; fire, flood, drought, extreme weather or other natural events; and the failure or withdrawal of services by third party suppliers, airlines or charter operators for any of the foregoing reasons.

13.2 The Company shall not be liable for any failure or delay in performing its obligations under this agreement, nor for any loss, expense or damage suffered by the client, where such failure, delay or loss arises from a Force Majeure event.

13.3 Where a Force Majeure event prevents a tour from proceeding, the Company will use reasonable efforts to offer the client alternative dates or a comparable alternative tour. Amounts already paid by the Company to third party suppliers on the client’s behalf, and which those suppliers do not refund to the Company, are not recoverable from the Company. Any balance held by the Company after deduction of such non-refundable amounts and reasonable administration costs will, at the client’s election, be refunded or held as a credit against future travel.

13.4 The client acknowledges that comprehensive travel insurance covering cancellation, curtailment, medical expenses and emergency evacuation is the client’s primary protection against Force Majeure events, and that the Company strongly recommends such insurance be in place from the date of booking (see Clause 9.1).

14. Privacy and Personal Information

14.1 The Company collects and processes the personal information of clients — including names, contact details, passport details, dietary requirements and, where disclosed in terms of Clause 10.1, relevant medical information — for the purpose of making and administering the client’s booking.

14.2 Such information will be shared with the third party suppliers necessary to fulfil the booking, including lodges, camps, airlines, charter operators and car hire companies, and only to the extent required for that purpose.

14.3 The Company’s full Privacy Policy, which sets out how personal information is collected, used, stored and protected, is available at desert-tracks.com/privacy-policy. By making a booking the client consents to the processing of personal information as described in that policy.

15. Complaints

15.1 Should the client be dissatisfied with any aspect of the tour, the client must raise the matter immediately with the guide, or with camp or lodge management, so that reasonable efforts can be made to resolve it while the client is still travelling.

15.2 If the matter is not resolved to the client’s satisfaction, the client must submit a written complaint to the Company at bookings@desert-tracks.com within 30 days of the last day of the tour. The Company will acknowledge receipt and respond within a reasonable period. The Company shall not be obliged to consider a complaint that was not raised at the time in terms of Clause 15.1, where the failure to do so deprived the Company of the opportunity to remedy the matter.

16. Contact and Notices

16.1 The Company is Desert Tracks Bookings and Safaris cc, a close corporation registered in the Republic of Namibia under registration number CC/2013/03975, with its physical address at Am Alten Amtsgericht 15, c/o Tobias Hainyeko & Theo Ben Gurirab Streets, Swakopmund, Namibia.

16.2 All notices required under these terms, including booking confirmations, cancellations in terms of Clause 4.1 and complaints in terms of Clause 15.2, must be sent in writing to bookings@desert-tracks.com. A notice is deemed received on the first business day on which it reaches the Company.

16.3 This agreement is governed by Namibian law as set out in Clause 1.2, and the parties submit to the jurisdiction of the Namibian courts. Should any clause of this agreement be found unenforceable, the remaining clauses continue in full force and effect.