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, save where Clause 4.3 requires earlier payment for Botswana and Zimbabwe arrangements.

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.

3.5 Payment security. The correct banking details for the account to be used are provided with the invoice. Every account the Company uses is held in the name of Desert Tracks Bookings and Safaris cc. The Company will never ask a client to pay into an account held in the name of any other person or entity, and will never notify a change of its banking details by e-mail alone.

3.6 If you receive any communication appearing to come from the Company which gives banking details differing from those on your invoice, or which asks for payment to an account in a different name, do not make the payment. Contact the Company by telephone, using a number you already hold and not one given in that communication, and verify the details before transferring any funds. The Company accepts no responsibility for funds paid to an account that is not its own.

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 the cancellation charges set out in Clauses 4.2 to 4.5 will apply and any balance will be dealt with in terms of Clause 4.8. The date of cancellation is the date on which the Company receives the written notice.

4.2 Namibia and other travel arrangements. Unless otherwise stated in the quotation, the following cancellation fees (as a percentage of the fully quoted price) are applicable to any cancelled travel:

4.3 Botswana and Zimbabwe arrangements. Because the camps, lodges and air operators in these countries require booking far in advance and impose their own stricter terms on the Company, different cancellation and payment terms apply to any itinerary that includes Botswana or Zimbabwe:

4.4 For Botswana and Zimbabwe arrangements the deposit required to confirm the booking, the amount of which is determined by the Company in terms of Clause 2.1, is non-refundable from the moment of confirmation. The full balance is due 70 days prior to departure, to allow sufficient time for international payments, including transfers in United States Dollars, to reflect in the Company’s account. Scheduled international and domestic flights are non-refundable from the time of confirmation regardless of when the cancellation is made.

4.5 Where a supplier imposes stricter terms. Certain suppliers — including East African camps and lodges, peak season and festive period bookings, mobile and private guided safaris, charter operators and scheduled airlines — impose cancellation or payment terms stricter than those in Clause 4.2. Where they do, those terms apply to the affected portion of the itinerary and prevail over Clause 4.2 to the extent of any conflict. The Company will set out any such terms in writing in the quotation before a deposit is requested.

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

4.7 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.

4.8 Credit rather than cash refund. Where a booking is cancelled by the client, the Company does not make cash refunds in any circumstances. Any amount the client has paid which is not forfeited as a cancellation fee under Clauses 4.2 to 4.5 is held by the Company as a travel credit in the client’s name.

4.9 How the travel credit works. The credit is valid for twelve months from the date of cancellation and may be applied to any new booking with the Company departing within that period. It may be used across more than one booking, and may be transferred to another traveller nominated by the client in writing. The credit is applied against the rates ruling at the time of the new booking and not the rates originally quoted, so any increase in supplier rates is for the client’s account. A credit not used within twelve months lapses. The credit carries no cash value and is not redeemable for cash at any time.

4.10 Where the Company cancels. Clauses 4.8 and 4.9 apply to cancellations by the client. Where the Company cancels a confirmed booking for reasons within its own control, Clause 8.5 applies. Where a booking cannot proceed because of a Force Majeure event, Clause 13.3 applies.

4.11 Where the client holds cancellation insurance in terms of Clause 9.1, the cancellation fee charged under this Clause 4 is the amount the client would ordinarily claim from the insurer. Any dealings with the insurer are between the client and the insurer, and the Company will on request provide the documentation reasonably required to support a claim.

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, such rejection will be treated as a cancellation by the client, calculated according to Clause 4.2 and dealt with in terms of Clause 4.8. The client shall have no claim against the Company for any damages arising out of the alternative booking.

8. Responsibility and Liability

8.1 The Company’s role. The Company arranges travel. It does not own or operate the lodges, camps, vehicles, aircraft or activities that make up an itinerary, and it does not employ the guides who deliver it. Except where expressly stated otherwise, the Company acts as the client’s agent in booking each of those services, and the client’s contract for the service itself is with the supplier providing it, on that supplier’s own terms.

8.2 What the Company is responsible for. The Company will exercise reasonable care and skill in selecting the suppliers it books on the client’s behalf, and in making and administering the booking. The Company is responsible for its own acts and omissions in doing so.

8.3 What the Company is not responsible for. The Company is not liable for any loss, damage, injury, illness, death, delay or expense caused by the act, omission, default or negligence of a supplier, or of any person the Company does not employ. The client’s remedy in respect of such matters lies against the supplier concerned, and the Company will provide reasonable assistance in pursuing it.

8.4 Authority to book. 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 every person included in the booking, and that each of them has been made aware of these terms. The person making the reservation is liable for the total amount due to the Company.

8.5 Changes and cancellation by the Company. The Company may cancel a tour, or the remainder of a tour, or alter the route, accommodation or other arrangements, where it becomes necessary to do so. Where the change arises from an event outside the Company’s reasonable control, Clause 13 applies and any additional cost is for the client’s account. Where the Company cancels for reasons within its own control and the client does not accept a comparable alternative, the client is entitled to a refund of amounts paid in respect of the cancelled portion.

8.6 Termination for conduct or illness. The Company may at its discretion terminate a client’s participation in a tour, without liability or cost to itself, where the client’s illness makes continued participation unsafe or impracticable, or where the client’s conduct is unlawful, or is such that it endangers or seriously disrupts other travellers, staff or wildlife. A client whose participation is terminated on these grounds is not entitled to a refund.

8.7 Published material. The Company is not liable for errors or omissions in its brochures, website, itineraries or other literature, or for delay or failure in confirming a booking, except where these arise from the Company’s own negligence.

8.8 Limits on liability. Nothing in these terms excludes or limits the Company’s liability for death or personal injury caused by its own negligence, for fraud, or for any other liability that cannot lawfully be excluded. Subject to that, the Company’s total liability arising out of any booking is limited to the total amount the client has paid to the Company in respect of that booking, and the Company is not liable for indirect or consequential loss.

9. Client’s Obligations

9.1 Insurance. It is a condition of travel that the client holds comprehensive travel insurance. That insurance must as a minimum cover cancellation and curtailment, medical expenses, and emergency medical evacuation and repatriation, and should also cover personal property and money. Given the remote areas in which the Company operates, evacuation cover is essential rather than optional. The Company recommends that cover is taken out on the day of booking, may ask to see evidence of it, and accepts no responsibility for a client who travels without it. A client who does not hold adequate cover may be refused emergency evacuation or medical treatment, or be required to guarantee payment before it is provided, and will be charged directly by the service providers concerned.

9.2 Passports and visas. It is the client’s responsibility to hold a passport valid for the duration of travel, together with any visas required for every country on the itinerary. The Company is not liable where a client does not hold the necessary documents. Where a client is refused entry to an area or country for want of documentation, the Company may leave the client at that point of entry and is not responsible for the client’s onward arrangements or their cost.

9.3 Entry, health and vaccination requirements. It is the client’s responsibility to meet any entry, health or vaccination requirement in force at the time of travel, whether imposed by a country on the itinerary or by an airline the client is travelling with. The cost of meeting any such requirement is for the client’s account. The Company can assist with arrangements in-country but is not responsible for those arrangements or for how long any results take.

9.4 Accuracy of details. The client must give the Company full names exactly as they appear in each traveller’s passport, together with the passport numbers, dates of birth and, where charter flights form part of the itinerary, passenger weights. Charter operators and lodges book against these details, and airlines may refuse carriage where a name does not match the passport. Costs arising from details supplied late or incorrectly are for the client’s account.

9.5 Conduct. The client must comply with the reasonable instructions of guides, camp and lodge staff and charter crew, particularly instructions given for safety reasons or concerning wildlife, and with the laws and conservation regulations of each country visited.

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 The nature of the areas visited. The camps, lodges and reserves on the Company’s itineraries are frequently unfenced, and are situated in wilderness areas where wild animals move freely through and around them. This presents real and unavoidable risk of bodily injury, illness and death, arising from among other things the presence of wild, unpredictable and dangerous animals, insects, reptiles and marine life; travel in open vehicles and in light aircraft; extreme heat, cold, terrain and water conditions; and the distance of these areas from medical facilities, which means that assistance may take many hours to reach the client.

10.6 Activities. Activities forming part of, or offered during, a tour — including but not limited to game and nature drives, guided and unguided walks, quad biking, horse riding, canoeing and mokoro trips, boating, kayaking, fishing, sandboarding, cycling, caving, sleep-outs, cultural activities, dune and mountain driving and scenic or charter flights — carry inherent risk. The client enters these areas and participates in these activities entirely 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.

10.7 Supplier indemnity forms and safety briefings. Most camps, lodges and activity providers require the client to sign their own indemnity, waiver or disclaimer form on arrival, and to acknowledge a safety briefing. These are the supplier’s documents, given under the supplier’s own terms in accordance with Clause 8.1, and the Company has no authority to vary them. The Company will on request provide copies in advance of travel. The client must comply with every safety instruction given in such a briefing.

10.8 Activities are not guaranteed. Unless an itinerary expressly states otherwise, activities are shared with other guests, are subject to weather, water levels, wildlife movement and the operating conditions of the supplier, and are not guaranteed. The withdrawal or curtailment of an activity for any of these reasons does not entitle the client to a refund or credit.

10.9 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 be held as a travel credit on the terms set out in Clause 4.9.

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. Where a claim arises from an activity, incident or stay in another country on the itinerary, that claim is governed by the law of that country and the courts of that country have jurisdiction over it. Should any clause of this agreement be found unenforceable, the remaining clauses continue in full force and effect.

16.4 The Company may amend these terms and conditions from time to time. The version in force on the date a booking is confirmed governs that booking, and no subsequent amendment applies to it unless the client agrees in writing. The current version is always published on this page and the date of the last revision appears at the top of it.

16.5 Nothing in these terms and conditions is intended, or is to be understood, to unlawfully restrict, limit or avoid any right or obligation created for the client or for the Company under any consumer protection legislation applicable to the booking. Where any clause would have that effect, it applies only to the extent the law permits, and the remainder of these terms continues to apply.

16.6 These terms and conditions contain clauses which limit the Company’s liability, which create risk or liability for the client, and which record the client’s acceptance of risk. Those clauses appear principally in Sections 4, 8, 9, 10 and 13. If there is any provision the client does not understand, the client should ask the Company to explain it before confirming a booking.

17. Photography and Images

17.1 The Company may take photographs and video of clients during a tour and may use that material to promote its tours, including on its website, in brochures and trade material, and on social media.

17.2 A client who does not wish their image to be used for these purposes must notify the Company in writing before or during the tour, and the Company will not use it. Where material has already been published, the Company will remove it within a reasonable period of being asked.

17.3 Camps, lodges, guides and activity providers may take their own photographs under their own terms, over which the Company has no control, and an objection given to the Company under Clause 17.2 does not bind them. The Company is likewise not responsible for images taken and published by other guests.

17.4 Where a client sends the Company photographs or video taken during their travel, the client grants the Company permission to use that material for the purposes in Clause 17.1, with credit to the client, unless the client states otherwise in writing at the time.

17.5 All text, photographs, itineraries, trade briefs and other material published by the Company remain the property of the Company or its licensors, and may not be reproduced or used for commercial purposes without the Company’s written permission.