Terms and Conditions

1. The Traveller / Authorised Travel Agent who signifies the acceptance of a booking does so on behalf of himself / herself / its client’s behalf, including, but not limited to, the person(s) under its authority, who are all bound by Travel B Tours and Safaris CC’s (“the Company”) Terms and Conditions (“these Terms”), as if they had individually made the booking application themselves.

2. All estimates or quotations provided, or bookings made with the Company are subject to these Terms. Any booking is considered to have met the Travellers / Authorised Travel Agent’s approval and to which the Traveller / Authorised Travel Agent consents to the conditions attached thereto.

3. A non-refundable deposit of 20% (minimum of N$1,000.00) of the land arrangement costs, for each Traveller is required at the time of booking, together with a signed Booking Form.

4. The full amount due to the Company shall be payable not less than 6 (six) weeks prior to the Traveller’s date of departure, unless other arrangements were made. If the full amount is not paid in due time, the Company reserves the right to treat the booking as cancelled. Bookings made within 6 (six) weeks of departure must be paid in full immediately.

5. CHARTER FLIGHTS

5.1. Include
Aircraft hire, fuel, unless stated otherwise, pilot fees, landing fees, cross-border charges (applicable to all quoted routes outside the Republic of Namibia), per person passenger taxes, pilot accommodation, and meals.

5.2. Exclude
Any diversions, for reasons that may affect the safety of the aircraft and its occupants or due to bad weather or any amendment of routes and cost arising thereof for changes requested by The Traveller / Authorised Travel Agent during booking and confirmed flight.

5.3. Cancellation Policy
Administration fees of 20% of the total rate will be charged if the flight is canceled less than 24 hours prior to departure.

5.4. General Conditions
The Company reserves the right to adjust the quotation immediately should the present government levies or fuel prices increase. All quotations are calculated at the present known exchange rate. Should the exchange rate escalate by more than 5%, the Company reserves the right to make any necessary adjustments to the cost. The quotation is subject to aircraft availability upon confirmation. The Company reserves the right to substitute the confirmed aircraft with a similar standardized aircraft in case of circumstances beyond the Company’s control.

5.5. Weight and Luggage Restrictions
Air charter companies have passenger weight restrictions. The Traveller / Authorised Travel Agent will be asked to provide the body weight as well as the weight of the luggage. Air charter luggage allowance is restricted to 10kg per person in soft cases, including hand luggage.

6. If a booking is cancelled and notification has been received in writing by the Traveller / Authorised Travel Agent, then, over and above such cancellation fees, as each airline and/or land operator may charge and for which The Traveller / Authorised Travel Agent will be liable, the following will apply additionally:

6.1. Once an invoice has been issued to the Traveller / Authorised Travel Agent, an administration charge of 20% on the invoice total, with a minimum of N$1,000.00, PLUS any bank charges due to the Company is payable by the Traveller / Authorised Travel Agent, for cancellation of the booking.

6.2. 6 weeks (42 days) prior to departure 40% of invoice total

6.3. 3 weeks (21 days) prior to departure 75% of invoice total

6.4. 2 weeks (14 days) prior to departure 100% of invoice total

6.5. After departure of the Traveller, no refund for any unused services will be considered by the Company;

6.6. The Company, reserves the right and shall be entitled to cancel any tour or product sold prior to departure of the Traveller. The Company has the sole discretion to refund any amounts received, and the Traveller / Authorised Travel Agent, shall have no further claim of any nature whatsoever against the Company arising out of such cancellation.

6.7. All refunds are strictly subject to supplier/principal’s cancellation policies.

7. Should a Traveller fail to join a tour, or fail to use the accommodation / services / activity booked by the Company on his/her behalf, for any reason whatsoever, no refund or liability will be accepted by the Company.

8. The Company provides Travellers / Authorised Travel Agent with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as car hire and/or airlines and/or accommodation establishments and/or activity operators. The Company represents such principals as agents only and accordingly accept no liability for any loss, damage, injury or death which any Traveller / Authorised Travel Agent may suffer as a result of any act or
omission on the part of or the failure of such principals to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The agreement in use by such principals (which is often constituted by the ticket issued by the principal), shall constitute the sole agreement between the principal and the Traveller and any right of recourse the Traveller may have, will be solely against such principal.

9. Cancellation, medical and repatriation insurance is highly recommended for all the Company’s bookings, and it is the Travellers’ responsibility to arrange for such insurance, either through its Authorised Travel Agent or through the Travellers’ insurance broker. It is strongly recommended that Travellers also take out insurance to cover injury, personal liability, delay, emergency travel accommodation and transport modes in emergency, lost baggage and any other cover the Traveller deems fit. The decision which insurance cover the Traveller obtains is solely the responsibility of the Traveller.

10. The Traveller / Authorised Travel Agent acknowledges that the fare (see above clause 3) and itinerary specified in the Booking Confirmation Form, may be varied by the Company from time to time, without notice to the Traveller / Authorised Travel Agent, at the discretion of the Company, provided the itinerary and price is not substantially different from the itinerary that the Traveller anticipated enjoying, the Traveller / Authorised Travel Agent shall not be entitled to cancel the agreement. Fare increases may occur inter alia due to any increase in airline tariffs, fuel costs, park fees, game reserve fees, or fluctuation of exchange rates. Should the group number fall below the minimum number required for the booking as specified in the Booking Confirmation Form, the Company reserves the right to re-cost the fare and raise a surcharge. Should there be an increase, the Traveller will have the right to either accept or reject such increase. Should the Traveller reject the increase of the alternative tour, this will be treated as a cancellation and a refund will be calculated according to clause 6.

11. Any unscheduled extension to travel arrangements or expenses incurred caused by flight delays, bad weather, strikes or any other cause beyond the control of the Company shall be for the Traveller/ Authorised Travel Agent’s account.

12. The Traveller acknowledges that it is solely his/her responsibility to ensure that he/she is in possession of the necessary travel documents that may be required in respect of the proposed tour and itinerary, as well as all health and other certificates that may be required from time to time. The Company will endeavour to assist the Traveller / Authorised Travel Agent, but such assistance will be at the Company’s discretion and the Traveller acknowledges that in doing so, the Company is not assuming any obligation or liability and the Traveller / Authorised Travel Agent indemnifies the Company against any consequences of non-compliance.

13. It is recorded that the agreement may contemplate a tour to an area(s) where the Traveller may be exposed to danger and the Traveller has agreed to execute a waiver of rights against the Company, its principals and others as an integral part of these Terms. The Traveller (which shall be deemed to include the heirs, executors, administrators or assigns of the Traveller) does hereby irrevocably waive and abandon all and whatsoever rights which the Traveller may have against the Company, in consequence of any loss, damage, injury, death or otherwise of whatsoever nature and howsoever arising which may be sustained directly or indirectly by the Traveller in
consequence of any act of omission or commission by the Company or other in consequence of the conclusion of the agreement and the Traveller undertaking the tour contemplated in the agreement (which will comprise of these Terms and the Booking Confirmation Form). In no way derogating from the foregoing, the Traveller / Authorised Travel Agent hereby indemnifies, holds harmless and absolves the Company, its principals or others, from all and whatsoever claims which may be tenable by the Traveller / Authorised Travel Agent as aforesaid, irrespective of the nature thereof and howsoever arising.

14. The Traveller agrees that he/she will at all times comply with the Company’s or others requirements in regard to his/her conduct, and he/she will not in any way constitute a nuisance to any other traveller on tour and/or accommodation establishment.

15. When the Traveller is travelling with persons under his/her authority, he/she warrants that he/she is authorized to bind every person to these Terms of the agreement.

16. These Terms constitute the entire terms of the relationship between the parties. There exists no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship, and the Traveller / Authorised Travel Agent acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein.

17. Travelers / Authorised Travel Agents, who have special requests, must specify such requests in writing to the Company in the Booking Reservation Form. Whilst the Company will always endeavour to accommodate such requests, it does not guarantee that it will always be possible.

18. No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Traveller / Authorised Travel Agent and a duly authorized representative of the Company.

19. No refunds will be considered in any circumstances whatsoever, although the Company may, in its sole discretion, consider a refund in the event of death or serious illness of the Traveller, before the date of departure.

20. Any payments due by the Traveller / Authorised Travel Agent will incur interest, from the due date at a rate of 2% (two per centum) above the prime rate, charged by the Company’s bank.

21. The relationship between the Company and the Traveller / Authorised Travel Agent shall be governed according to the laws of the Republic of Namibia and shall be subject to the exclusive jurisdiction of the courts of the Republic of Namibia. Any action arising out of any agreement between the Traveller / Authorised Travel Agent and the Company may, at the election of the Company, be instituted in any Magistrate’s Court in the Republic of Namibia, notwithstanding that the amount in dispute exceeds such court’s jurisdiction and this agreement shall constitute the necessary consent as required by Section 45 of the Magistrate Court Act 32 of 1944.

22. If the Company instructs legal practitioners to collect any amount from the Traveller / Authorised Travel Agent that is owing to the Company, the Traveller / Authorised Travel Agent shall pay all costs associated with such action (irrespective thereof if action is instituted or not) on an attorney-and-own client scale, including collection charges and or any disbursements incurred, such as tracing charges.

23. The Traveller / Authorised Travel Agent chooses as his/her domicilia et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, arising from any transaction or claim, which is governed by these Terms, the physical address and e-mail address as set out in the Booking Form. Any notice given by any party to any other, which is transmitted via e-mail to the designated e-mail address in the Booking Form, shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the date of successful transmission thereof.

24. Privacy Policy: The Traveller / Authorised Travel Agent acknowledges that the Company will be collecting personal information as well as special personal information, i.e. credit card information where applicable, passport details, address and contact details, etc. This is required in order to secure bookings with third party service providers.

25. If the Traveller / Authorised Travel Agent does experience difficulties and/or has a complaint, he/she will need to bring this, in writing, to the attention of the General Manager of the Company, within 7 (seven) days of the incident, and the Company will assist the Traveller / Authorised Travel Agent as far as possible, to resolve same.

26. Any claim the Traveller / Authorised Travel Agent has with a third-party service provider/supplier, must be taken up directly with the third-party provider/supplier.

27. Lodging of claims (excluding travel insurance claims) may be made with the Travellers’ / Authorised Travel Agent’s travel consultant, in writing within 7 (seven) days of the incident giving rise to the claim, but is at the sole discretion of the principal, and in all cases the principal’s terms and conditions apply in conjunction with the Company’s Terms and Conditions. No claims will be entertained after the expiry of the 7 (seven) day period. Should the Traveller / Authorised Travel Agent fail to submit his/her claim to the Company within the said 7 (seven) day-period, then the Traveller / Authorised Travel Agent will be deemed to have waived such claim.

28. The Company shall not be liable whether for breach of agreement or negligence for any type of loss, damage, accident or injury, however arising, unless the loss, damage, accident or injury despite such loss, damage, accident or injury being caused by the gross negligence of the Company. Should, despite the aforesaid provisions of this clause, the Company be held liable for any loss, damage, accident or injury, the Company’s liability shall be limited to the fee earned by the Company from the Traveler / Authorised Travel Agent for the specific instruction.

29. The Company shall not in any circumstances be liable for any consequential or indirect loss however caused or arising.

30. Each term or condition of these Terms and Conditions shall be separate and separately enforceable from the other Terms and Conditions herein and shall in no way be limited or restricted by reference to or inference from any other Terms or Conditions. If any term or condition herein, shall be found to be illegal or unenforceable then the remaining Terms and Conditions hereof shall be and remain binding.

31. Should the Company appoint a tour guide in respect of any tour, then the Traveller shall be obliged to comply with all reasonable instructions of such tour guide. The Company reserves the right to terminate the tour of any Traveller who wrongfully or unlawfully fails to adhere to the reasonable instructions of an appointed tour guide, and/or causes any wrongful disruption, disturbance or nuisance to any other traveller, tour group or service provider.

32. The Traveller / Authorised Travel Agent shall be solely responsible for ensuring that he/she is physically and mentally capable of undertaking the tour and participating in any of the activities that constitute the tour’s itinerary.