Terms and Conditions

• By booking your travel and/or accommodation (“travel services”) with us or via our website, you are agreeing to be bound by the terms of this Agreement.
• Desert Africa Safaris is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., air transport services, ground transportation, accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services.
• Desert Africa Safaris’ role as an intermediary, in relation to your travel services, is limited to facilitating your bookings and arranging payments and refunds as applicable.

• We require a 25% non-refundable deposit on confirmation of a booking in order to secure all bookings. The balance is payable 60 days prior to arrival in Namibia. No documents will be handed over if we have not received full and final payment before client’s arrival in Namibia.
• In the event of the agreement being signed less than 90 days prior to departure, the total costs of the bookings will be payable upon signature of this agreement.
• In the event of any amendments, or cancellations of a confirmed booking after the agreement has been signed, such amendments or cancellation is required in writing. Only amendments requested 60 days prior to departure will be attended to and is subject to a fee levied at 10% of that particular booking costs per person. Cancellation is subject to clause five (5).
• Interest shall be charged on any late payment and/or the balance due at the rate of 20% per annum from date of payment due until date of final payment.
• All payments shall be payable in Namibian Dollars NAD or US Dollars US$ free of any bank charges into the bank accounts of Desert Africa Safaris.

• Booking(s) means a reservation which is done by the Client or the Client’s travel agency which make the necessary arrangements for or on behalf of Clients with Desert Africa Safaris.
• Acknowledgement of your booking request will be sent via e‐mail within 2 (two) business days of your request being received.
• Price quotes for bookings quotes will be done in Namibia (N$). The price quoted will be payable will in US$ dollars calculated in accordance with the exchange rate relevant on the day of payment.
• Bookings will be confirmed with suppliers only after signature of this Agreement and payment of the required deposit.
• Booking confirmations, itinerary, schedules and/or other documents will be provided to the client only after full and final payment has been received.

• Desert Air Africa Safaris reserve the right to make ’minor’ changes (e.g. places of accommodation, route changes) to the booking itinerary and will notify to the Client, as long as changes offered are of equal or similar standard/value. All bookings and accommodation offered is subject to availability unless otherwise stated.
• Desert Air Africa Safaris reserves the right to change any booking itinerary due to unforeseen circumstances (e.g. airlines not running on schedule, road conditions, weather, mechanical breakdown, accidents and political instability) beyond its control.
• All quotes are based on information provided by suppliers and calculated at the present known exchange rate and fuel prices. Should the rate and/or price increase more than 3%, Desert Air Africa Safaris reserves the sole right to make any necessary adjustments to the costs.
• Desert Air Africa Safaris may cancel this Agreement due to late payment and should Desert Air Africa Safaris have to cancel for some reason other than failure to pay on the Client’s part, Desert Air Africa Safaris will offer the Client a choice of other bookings (subject to the difference being paid by the Client should the prices be more expensive or receiving a refund if it is cheaper) or receiving a full refund of monies paid to us.

Additionally:

Standards in certain overseas countries, restaurants, bars and accommodation on tour are often quite different to those in third world countries. Expect the relative ’norm’ found at your country of destination, often best explained in the many good travel guides at bookshops. There can be no monetary compensation in the case of such scenarios or disappointments.

The provision of goods and services by Desert Africa Safaris is subject to availability. In cases of unavailability, Desert Africa Safaris  will refund the client in full within 30 days. 

• Cancellation must be made in writing. Upon receipt of the written notification, Desert Africa Safaris will confirm receipt thereof and this date will determine the cancellation fees and the costs expressed as a percentage of the full costs as follows:
  • More than 60 days’ notice: Cancellation Fees as charged by suppliers Plus 25% non-refundable deposit
  • Less than 60-days’ notice: 100%
  • Cancellation due to late payment: cancellation fees as charged by suppliers and deposit forfeited.

• Includes:

Aircraft Hire & Fuel, Pilot Fees, Landing Fees, Cross-Border Charges, (applicable to all quoted outside Namibia), per person Passenger Taxes, Pilot Accommodation and Meals where indicated

• Excludes:

Any costs, which may occur as a result of having to divert to an alternate airfield, due to adverse weather, or for reasons that may affect the safety of the aircraft and its occupants or costs incurred by route extensions done by clients or their agents during the course of travel. The extended flight will be payable in full before, or on the last day that they are accompanied by Desert Air Africa Safaris. If routes are reduced during the course of travel, the price remains as per the original booking.

• General Conditions:

Quotes are applicable to the flight(s) requested and is subject to aircraft availability as well as unforeseen increases in the cost of fuel and landing fees. We reserve the right to adjust our quotation immediately should the present government levies or fuel prices increase.

The aircraft and aircrew are scheduled to remain with the group as requested.  If, however, we need to conduct additional flights during this period, clients will be dropped off and collected as arranged. 

In the event that a crew member is unable to avail him/herself of overnight accommodation for any reason whatsoever, Desert Africa Safaris will not be liable for the payment of any refund on said accommodation.

Desert Africa Safaris reserves the right to utilise any aircraft for the flight quoted and to combine any preceding or subsequent flight with the flight so quoted, utilising the same or any combination of aircraft.

• Weight and Luggage Restrictions:

The standard allowable average is 10 kg luggage per person. Please note that this allowance may vary and be amended in accordance with a passenger’s actual weight. Clients will be asked to provide their body weight and that of their luggage.

No single item of luggage may exceed the following measurements: Length: 62cm (24 inches); Width: 25cm (10 inches); Height: 30cm (12inches). This includes hand-luggage and camera equipment.

ONLY SOFT BAGS ARE PERMITTED.

No rigid structures, including but not limited to, frames, tools, wheels etc. are allowed.

Desert Africa Safaris shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.

Payment may be made via Visa and MasterCard, or by bank transfer into the Desert Africa Safaris bank account, the details of which will be provided on request.

Card transactions will be acquired for Desert Africa Safaris via DPO Group who are the approved payment gateway for Namibian Acquiring Banks. DPO uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website.

• Very rarely, Desert Africa Safaris may be forced to stop or shorten the Client’s travel arrangements after departure where a ’force majeure’ arises. In this situation, Desert Africa Safaris is not liable to make any refunds, pay any compensation or be responsible for any costs or expenses incurred by the Client.
• Desert Africa Safaris cannot accept liability or pay any compensation where the performance or prompt performance of its contractual obligations is prevented or affected by reasons or circumstances amounting to ’force majeure’. This includes any event which, even with all due care, are not foreseen or could be avoided such as, for example, war or threat of war, civil strife, natural or nuclear disaster, industrial dispute, terrorist activity, adverse weather conditions, fire and all similar events.

Client and travel agents must ensure that passports and visas are valid for the countries visited. Desert Africa Safaris shall not be held liable or responsible should a Client be refused entry into any country for any reason.

• We strongly recommend that the Client takes out adequate travel insurance for the duration of your journey.
• Desert Africa Safaris are ensured to provide medivac services against an extra fee.
• Desert Africa Safaris has aircraft and third-party legal liability insurance only in respect of the air transport service it provides, which is subject to the Carriage by Air 17 of 1946 (“the Act”) and “Warsaw Convention”.

While every precaution is taken to ensure the safety of all persons, the Client his/hers, heirs, dependants, agents, executors or their assignees, hereby irrevocably waive any rights they may have to claim, any form of compensation for any damages which the Client may suffer due to injury or death whilst on, or at any time after the journey, from Desert Africa Safaris, save where such damages was caused by the gross negligence of Desert Africa Safaris, its employees or authorised representatives. Desert Africa Safaris shall not be responsible for the death or injury or loss, which might occur to such Client sustained from negligence of a supplier or third party.

• Desert Africa Safaris shall not be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages in respect of dissatisfaction with the goods and/or services provided by suppliers or third parties, save where such damages were caused by the gross negligence of Desert Air Africa Safaris, its employees or authorised representatives.
• Desert Africa Safaris shall not be held liable for any inconvenience caused or any expense, loss or damage incurred as a result of any unsuitability of bookings/services, save where such expense, loss or damage was caused by the gross negligence of Desert Africa Safaris, its employees or authorised representatives.
• Desert Africa Safaris shall not be held liable where any failure in the bookings/services is due to circumstances beyond its control and in no way attributable to the gross negligence of the Desert Africa Safaris, its employees or authorised representatives.
• Notwithstanding the fact that certain air transport services provided by Desert Africa Safaris may not be ‘international carriage’ as defined in the “Warsaw Convention”, Desert Air’s liability for damages suffered during the carriage as a result of death or bodily injury of the Client and/or damages suffered as a result of loss or damage to his/her baggage, shall be subject to the terms as laid down in the Act and shall be limited to the amounts as laid down in the Warsaw Convention or the actual proven damages, whichever is the lesser amount.

• Should any dispute arise between the parties in connection with the interpretation or application of the provisions of this Agreement or its breach or termination of the validity of any documents furnished by the parties pursuant to the provisions of this Agreement, that dispute will, unless resolved amongst the parties, be referred to and be determined by mediation and/or arbitration in terms of this clause.

• The parties select Mediation Namibia (mediationnamibia@gmail.com) as the mediator/arbitrator who is acceptable to both parties. Mediation Namibia has the sole discretion to appoint anyone of its members or any other person to mediate/arbitrate the matter. Failing such the president of the Law Society of Namibia at the time shall appoint a mediator/arbitrator.

• The decision of the arbitrator will be final and binding on the parties to the dispute and may be made an order of any court to whose jurisdiction the parties are subject at the instance of any of the parties to the dispute.

• The parties are jointly and severally liable for the costs of mediation/arbitration, subject to the arbitrator’s final award in favour of the successful party.

Customer details will be stored by Desert Africa Safaris separately from card details which are entered by the client on DPO’s secure site.

The merchant outlet country at the time of presenting payment options to the cardholder is Namibia. Transaction currency is Namibian Dollar (NAD).

Desert Africa Safaris takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

This website is governed by the laws of Namibia. Desert Africa Safaris chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever PO Box 11624, Klein Windhoek

• This Agreement, its validity, construction and performance, and all rights, powers, authorities, obligations and liabilities of the Parties in terms of this Agreement, shall be construed in accordance with, and be governed in all respects by, the laws of Namibia.
• The Parties submit to the jurisdiction of the High Court of Namibia in respect of any action or proceedings which may arise from this Agreement or its termination; provided that Desert Air Africa Safaris shall be entitled in its sole discretion to bring proceedings in any other competent court having jurisdiction.

• This document constitutes the sole record of the Agreement between the Parties.
• No Party shall be bound by any express or implied term, representation, warranty, undertaking or the like, not recorded in this Agreement.
• No addition to, variation or consent to cancellation of this Agreement and no extension of time, waiver or realisation or suspension of any provisions or terms of this Agreement, shall be of any force or effect unless in writing and signed by or on behalf of all the Parties.
• The rule of construction that, in the event of ambiguity, the Agreement shall be interpreted against the Party responsible for the drafting thereof, shall not apply in the interpretation of this Agreement.
• Save as is specifically provided for in this Agreement, no Party shall be entitled to cede or delegate any of its rights or obligations under this Agreement without the prior written consent of the other Party effected by such transfer of rights or obligations, which consent may not unreasonably be withheld or delayed.
• Each provision in this Agreement is severable from all others, notwithstanding the manner in which they may be linked together or grouped grammatically, and if in terms of any judgment or order, any provision, phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, the remaining provisions, phrases, sentences, paragraphs and clauses shall nevertheless continue to be of full force.

Desert Africa Safaris may, in its sole discretion, change this agreement or any part thereof at any time without notice.

This website is run by Desert Africa Safaris based in Namibia