| 1.
Role of Naked Wilderness Afrika
The
responsibility of Naked Wilderness Afrika
Limited referred hereafter as Naked Wilderness,
is to create itineraries to suit the requirements
of our customers. In doing so, we may use independent
suppliers for the provision of selected services.
Whatever the case, we accept responsibility
for the proper performance of your contract
with us subject to the following booking conditions
which form the basis of that contract.
2. Prices
Published
prices are based on costs at the time of
publication. We reserve the right to change
published prices at any time before your
booking is made. Rate inclusions and exclusions
are stated on each tour. Air costs, unless
specified are not included in the cost. Flight
services maybe cancelled or suspended
at any time without notice. Not included
are any departure taxes, visas, passport
services, gratuities (other than service
charges), beverages, laundry, telephone
calls, faxes and other such personal
expenses.
3. Reservations and Payments
A binding contract between you and Naked
Wilderness comes into existence once we
have accepted your booking by issuing
an invoice and a deposit has been paid
by you. The deposit of 30% of the invoice
must be paid on receiving our invoice,
and the remainder 35 days before commencement
of our services. If payment is not made
by these time scales, we reserve the
right to treat the booking as having
been cancelled by you, and apply cancellation
charges as set out in paragraph 4(a) below.
4. Cancellation
(a) by you
Naked Wilderness must be notified
of cancellations in writing. If notification
is received 35 days before your start
date of safari with Naked Wilderness a
cancellation fee of 30% of the price
of these services is payable. Thereafter,
cancellation charges are as follows:-
34 - 25 days 40% of tour price
24 - 14 days 50% of tour price
13 -.. 8 days 75% of tour price
7 -..0 days 100% of tour price
Cancellation for Safaris in Southern
Africa may have longer notification period
and higher cancellation charges which
will be given to you at the time of booking.
(b) by us
Although it rarely happens and
we shall do our utmost to avoid doing so,
we must reserve the right to cancel the arrangements.
If this should happen (other than due to
your default in paying) we shall offer the
choice of an alternative arrangement (paying
or receiving a refund in respect of any price
difference) or receiving a full refund of
all monies paid. If an arrangement is cancelled
because an insufficient number of people
have booked a scheduled tour, notification
will be given no less than 14 days before
commencement of our services. If we are forced
to shorten a tour after departure as a result
of unforeseeable circumstances beyond our
control, the consequences of which we could
not have avoided even with all due care including
but not limited to those amounting to "force
majeure" as described in the 6th paragraph,
we regret we cannot make any refunds or pay
any compensation or be responsible for any
costs or expenses incurred by you as a result.
5. Changes
We reserve the right to make changes to
tours on our website or brochure details
and holiday arrangements both before
and after your booking is made. Most
changes will be minor. If we have to
make significant changes to an arrangement
you will be notified at the earliest
possible opportunity. In such cases you
will have the choice of either accepting
the change or booking alternative arrangements
(paying or receiving a refund in respect
of any price difference) or canceling
your holiday and receiving an immediate
full refund of all monies paid.
6. Force Majeure
"Force Majeure" means those circumstances
where the performance of our contract with
you is prevented or affected by reasons of
war, threat of war, civil strife, industrial
dispute, terrorist activity, natural or nuclear
disaster, fire, adverse weather conditions,
governmental actions and all similar events
beyond our control. In these circumstances,
we shall not be liable to pay any compensation
or otherwise be responsible for any expenses
or losses you might incur where we are forced
as a result to cancel, delay, curtail or change
your arrangement in any way or where the performance
or prompt performance of our contractual obligations
is prevented or affected.
7. Liability
(i) Quality
We accept responsibility should the services
which we are contractually obliged to provide
prove deficient or not of a reasonable
standard including where this is due to
acts and defaults of our employees, agents,
suppliers and sub contractors.
(ii) death, personal injury or illness
Naked Wilderness cannot be liable for any
personal injury or property damage which
may occur due to wrongful, negligent or
arbitrary acts of omissions on the part
of a suppliers, its employees and others
not under our direct control.
(iii) carriers
In respect of air, sea and rail carriers,
land vehicle and hotel keepers our liability
is in all cases limited as if we were carriers/
hoteliers within the appropriate international
conventions. Furthermore, all transport
is provided subject to the relevant carrier's
conditions of carriage some of which may
limit or exclude their liability to you,
often in accordance with international
conventions.
(iv) general
Please note, our responsibilities and obligations
apply only in respect of those services
which we agree to arrange or provide on
your behalf. We cannot accept any liability
for any services which you arrange on your
own. We will assist generally however all
the finances will be born by the client
or yourselves.
8. Delays
All outward or homeward points of departure
should be read in relation to the services
which we have been contracted to provide
and not any flight or other travel arrangement
which may have been added on.
9. Complaints
Should a problem occur, please advice both
Naked Wilderness and the supplier of the
service in question immediately as most
problems are resolved most easily on the
spot. Should you remain dissatisfied, please
write to us setting out the complaint in
detail within 28 days of the end of our
services under the contract. We cannot
accept responsibility for any complaints
which are not notified entirely in accordance
with this clause.
Accommodation
Wherever possible, we book rooms with private
baths/showers on the basis of two people
sharing a double room. Single rooms are
available at supplementary cost but we
do not guarantee either single rooms or
private bath/shower. If a single room cannot
be provided, even if paid for, appropriate
refund will be made by us. Where mentioned
in the brochure hotels/lodges/camps are
named as an indication of category and
we may book rooms at similar hotels/lodges/camps.
Children under the age of 7 years are not
permitted at Treehotels such as Ark, Treetops
and Mountain Lodge in Kenya. Children are
not permitted on many Southern African
tours and will be advised on request.
Transportation
Safari minibuses, cars, four-wheel drive
vehicles or coaches will be provided
according to the route and number of participants.
We reserve the right to employ the services
of sub-contractors.
Alterations
We will endeavor to notify full details of
any alterations to the arrangements in
this brochure no less than 14 days before
commencement of our services. Should conditions
necessitate it, we reserve the right to
change any route or arrangements, to offer
substitutes of equal value, or to cancel
the operation of any scheduled tour. We
also reserve the right to decline to accept
or retain any person as a member of any
tour at any time, in which case an equitable
amount will be refunded.
Traveling
in undeveloped areas may inevitably give
rise to risks and dangers including, inter-alia,
those inherent in travel by boat, train,
road, vehicles, aircraft or other means,
forces of nature, political unrest and
accident or illness in remote regions without
means of rapid evacuation or medical facilities.
We do not undertake to provide medical
care and our standard terms and conditions
exclude liability for the adequacy of any
care that may be provided. You are therefore
most strongly advised to take out adequate
insurance against such risks.
Special requests
Any special requests (e.g. for single room
or particular diet) must be notified in
writing when the booking is made. We will
endeavor to meet such request but cannot
guaranty them and any failure to comply
will not be a breach of contract.
Trip Members
Naked Wilderness cannot take the responsibility
for the trip members behavior. Those
with serious health problems are requested
not to sign up for a tour.
Baggage
You will be permitted soft baggage of 15
kgs (33lbs) on the domestic flights to
game parks. Excess baggage should be
stored at client (s) expense.
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