Namibia Wildlife Resorts Website Terms and Conditions of use of this websie and/or services offered by Namibia Wildlife Resourts (PTY)LTD.
Please read these terms and conditions of use (“Site Terms”) carefully. By accessing or using this Website (“Site”), you agree to be bound by the Site Terms described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these Site Terms, do not use this Site.
These Site Terms apply to your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with Namibia Wildlife Resorts (Pty) Ltd. (“NWR” or the “us”, “we”, “our”), its subsidiaries or affiliates and you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify NWR for violations of these Site Terms.
A. General Terms and Conditions of Use
1.1 Namibia Wildlife Resorts is a State owned enterprise, mandated to run the tourism facilities within the protected areas of Namibia. Its only shareholder is the Government of the Republic of Namibia; hence, it belongs to the Namibian people. The company was created through an Act of Parliament, the Namibia Wildlife Resorts Company Act, and has been in existence since 1998.
1.2 The term “Client”, “Corporate”, “Corporate Client”, “you” or “your” are synonymous and refer to a person or an organisation who wishes to access the site for information and / or reservation purposes or the use of any services offered by NWR.
2.2 All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
2.3 The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
3. Ownership of the Site and its Contents
3.1 You acknowledge that this Site is owned by, and all intellectual property rights herein vest in, NWR, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Site Content”), is owned by NWR, our licensors, advertisers or third-party content providers (as applicable).
3.2 All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
3.3 We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.
3.4 You may view, electronically copy and print portions of the website for your personal use and for purposes of making online reservations. Any other use, including reproduction other than as aforesaid, amendment/modification, or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
5. Application of these Website Terms and Conditions of Use
5.1 These Website Terms and Conditions of Use shall apply to all Clients and any member of the public wishing to interact with NWR through the Site, except where otherwise provided herein.
5.2 These Terms and Conditions shall be incorporated in and shall apply consistently to every Agreement entered into between NWR and Clients, regardless of whether such Agreement is concluded orally, in writing or by digital acceptance.
6. Use of the Site
6.1 This Site and the Site Content are intended for use by Clients solely to provide information about our resorts or assist in making legitimate reservations at a resort. Save as otherwise provided in any other Agreement, you may not use this Site or the Site Content for anything other than personal and non-commercial purposes. Save as otherwise provided in any other Agreement, you are specifically prohibited from: (a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or the Site Content otherwise than through your bona fide, personal, non-commercial use of the Site without, or in violation of, a written license or agreement with us; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party if you are not expressly authorised by such party to do so; and (e) using the Site or the Site Content other than for their intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
6.2 You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of Namibia, or the country from which you export the data, the country where data is downloaded, or the country in which you reside.
6.3 You agree that you may not upload any data which is malicious, false, misleading, fraudulent or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by NWR to allow any further dealings with the Client concerned, and/or possible prosecution with the relevant authorities. In such event, you shall have no claim or claims of whatsoever nature or kind against NWR arising out of such cancellation.
6.4 Neither NWR, nor any person for whom it is vicariously liable at law, will be responsible for consequences of any nature which may arise from force majeure incidents, being those beyond its control; and specifically, not limited to, any misuse of an Client’s personal data that results from the abuse or sharing of a NWR Client’s access codes, if applicable. On the rare occasion that this may occur, NWR will provide a record to indicate which Clients have had access to the information.
6.5 NWR is committed to secure and encrypted storage of the personal information of Clients. The nature of its business is to have this information accessible to its Clients. Under no circumstances will NWR give or sell any information relating to Clients to third parties, or organisations it deems not to be in the business of resort reservations, or where it deems abuse of this access will occur.
6.6 Abuse of this website may result in you being denied access to such facilities, at the sole discretion of NWR.
6.7 You agree to abide by these terms and conditions in respect of any reservations or other services for which fees may be charged and that you are responsible for all charges, fees, duties and taxes arising out of the use of this website (as well as for any use of your account by others, including any person under the age of 18 years).
6.8 Namibia Wildlife Resorts (Pty) Ltd shall use reasonable endeavours to keep the system available and maintain full system functionality at all times. You agree that NWR shall not be liable to you or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service.
6.9 You must sign out of the website once you have finished using the NWR website. If you do not do this, unauthorised transactions may result, for which we will not be liable.
7.1 Our logos and any other product or service name or slogan contained in the Site are registered or unregistered trademarks of NWR and our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NWR or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising “NWR”, “NWR” or any other name, trademark or product or service name of NWR without our prior written permission. In addition, the look and feel of the Site (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of NWR and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8.1 You may not use a NWR logo or other proprietary graphic of NWR to link to this Site (or any other site) without our express written permission. Further, you may not frame any of our trademarks, logos or other proprietary information, including the Site Content, without our express written consent.
8.2 We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that NWR’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
8.3 Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
9.1 It is our intention to only send you e-mail communications that will be useful to you and that you want to receive. When you create a personal account, make a reservation and provide your e-mail address, we will periodically contact you via e-mail and provide information about special offers and promotions that may be of interest to you. These communications will relate to NWR offers which may also include the promotions of select, reputable third parties with whom NWR has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. When we make use of third party e-mail service providers to send the aforesaid e-mails, these service providers are prohibited from using your e-mail address for any purpose other than to send NWR related e-mail.
10.1 You acknowledge and agree that NWR shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet which purports to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which are sent to NWR by way of the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by NWR and you will be bound by such details with no liability whatsoever attached to NWR in regard thereto.
10.2 You waive any rights you may have or obtain against NWR arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that NWR acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify NWR against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that NWR has acted on your instructions or instructions which purport to emanate from you.
11. Warranties and Undertakings
11.1 You undertake to conduct all dealings with NWR and other users of the Site with the utmost good faith and in accordance with all applicable laws.
11.2 You warrant that every instruction and all information given by you to NWR shall be accurate, true and correct.
11.3 NWR makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Site, its content and/or accuracy thereof, any services provided via this Site or the suitability of any of the services for a particular purpose or the effectiveness of any security or encryption facilities.
11.4 NWR does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components.
11.5 NWR, its directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you, the recipient of any services or any third party arising from or as a result of the conclusion of any agreement for the services, or as a result of or which may be attributable (directly or indirectly) to your use of or reliance on the Site, including any information provided thereon, services provided via this Site; any viruses that may infect your computer or other property on account of your access to and/or use of the Site; the efficacy of any security or encryption facilities; or the Internet and you indemnify and hold NWR harmless in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.
11.6 You agree that you will not, in using the Site, infect it with any computer programming, including but not limited to a virus, that may damage, interfere with, delay or intercept data or information on the Site and you indemnify and hold NWR harmless for any damage or loss caused by any such act.
12.1 You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site (including, without limitation, any information you disclose in any dealings you have with any other user of the Site), your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
13.1 This Site and the Site Content are provided “as is” and we and our directors, members, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this Site or the Site Content, or the unavailability of the same, including, but not limited to, business interruption, loss of business information, loss of data, loss of profits and any direct, indirect, incidental, punitive, special or consequential damages. The functions embodied on or in the materials of this Site are not warranted to be uninterrupted or without error. You, not us, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or the Site Content. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
13.2 We use reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
13.3 We do not have direct control over all of the Site Content, make no representations or warranties whatsoever in respect thereof and expressly disclaim any liability in connection therewith. If you find the Site Content, or any part thereof, offensive or believe that any of the Site Content infringes upon any copyright that you own or control, you may file a notification of such complaint or infringement as set forth in clause 19 below.
14. Limitation of Liability
14.1 In no event shall we, our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, delict (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Site Content or the materials or services contained in or accessed through the Site, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to NWR’s records, programs or services. In no event shall our aggregate liability, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to us for access to or use of the Site.
17.1 These Site Terms constitute the sole record of the agreement between you and us in relation to your use of the Site. Neither you nor us will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Site Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Site. Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Site by virtue of a separate written agreement with NWR. If this applies to you, these Site Terms must be read in conjunction with such agreement which takes precedence over these Site Terms in the event of any conflict.
17.2 Failure or neglect by us to enforce at any time any of the provisions of the Site Terms will not be construed as a waiver of our rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by us.
17.3 If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
17.4 Any rights not expressly granted herein are reserved.
18. Changes to Site Terms
18.1 NWR reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this Site.
19. Contact Information
B. Reservation Terms and Conditions
20. Reservation Terms and Conditions
20.1 Any reservation and use of the facilities at a NWR shall be subject to the NWR Terms and Conditions.
20.2 A payment gateway is operational on this Site. Therefore any credit card details supplied will be charged instantly, should the transaction be successful the reservation will be confirmed and the deposit posted onto your reservation.
20.3 All major credit cards will be accepted.
20.4 Charges and refunds will always be processed in Namibian dollars.
20.5 Credit cards are the only form of payment accepted.
20.6 The card used to make a reservation must be presented at time of check-in along with valid identification.
20.7 Payment in respect of other services rendered by NWR shall be payable by you on departure from the resort in question.
20.8 Comments and queries with regard to payments should be e-mailed with full detail to the relevant resort concerned with the booking.
20.9 You agree that this transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act 2002 (as amended) and that a binding agreement has been concluded between NWR and you in terms of which you authorise the NWR resorts at which a reservation has been made to deduct from, or to debit, the credit card the amount owing for services rendered or to be rendered and that your written signature shall not be required for authorisation purposes.
20.10 By clicking the “Payment Policy” button, you signify and accept all terms and conditions contained in this Site.
20.11 Rates on offer on this Site are only available in respect of online bookings.
20.12 Rates are subject to availability, possible fluctuations over special events or peak periods and are subject to review.
20.13 Rates quoted are per person.
20.14 Rates are for accommodation, are subject to tourism levy, are inclusive of VAT, are nett and non-commissionable.
20.15 Should a bed and breakfast rate be booked and paid for online, the breakfast is applicable to the morning after the night’s accommodation. It is not transferable or refundable.
20.16 You will be charged for the accommodation and tourism levy for the original reservation that is processed online at the time of making the reservation. Any amendments or cancellation to the original reservation resulting in changes to your accommodation charge will be processed according to policies in points 21 to 22 below.
21. Peak season and non-peak seasons
21.1 NWR distinguishes two different periods with regard to refunds for cancellations and amended bookings determined as “peak periods” and “non-peak periods”.
21.2 Peak Seasons are as follows:
21.2.1 Peak Seasons are from July – October at all resorts across the country.
21.3 Non-peak seasons are those that fall out of the above peak periods.
22. Payment terms and conditions for bookings
Prices for Meals and activities are subject to change without prior notice.
Rack Rates include 15% VAT and Tourism Levies.
Abbreviations: BB - bed & breakfast; DBB - dinner, bed & breakfast; LDBB - lunch, dinner, bed & breakfast; P - Park Entrance fees.
Admin fees will apply for any modifications, alterations and amendment of dates and camps
22.1 Full Payment:
22.1.1 Individual Clients: A non - refundable and non - transferable 20% deposit is payable within 48 hours of making the reservation
22.1.2 Tour Operators/Travel Agents:
Fully Independent Traveller (FIT's): The Tour Operator is required to pay a 20% non-refundable/non-transferable deposit within 30 calendar days from making the booking.
Group/Series bookings: no deposit is required on making the booking – but bookings will be considered and treated as provisional until such time as a 20% non-refundable/non-transferable deposit is paid. NWR reserves the right to replace or cancel any provisional booking with a confirmed booking at any time provided that written notification will be sent to the provisional booking holder, who, should they wish to keep the booking in question, will be required to pay a 15% non-refundable/non-transferable deposit within two working days from when such notification has been sent, to secure the booking.
A full rooming list (for confirmed rooms with 50% non-refundable/non-transferable deposit) must be provided to NWR 60 days prior to arrival date.
Full payment of all reservations is to be made no later than 30 days prior to arrival date and any unpaid booking will be forfeited and cancelled, with no obligation on NWR to notify the Tour Operator.
In the event that a reservation is made within 30 days of first check in, the full payment must be received within 7 days of booking confirmation. If payment is not received within such time, the reservations/bookings will be forfeited and cancelled, with no obligation on NWR to notify the Tour Operator.
22.1.3 A refundable room deposit fee shall be paid on arrival at the Camp
22.2 Payment Methods:
22.2.1 Clients are advised to use appropriate and relevant method of payment as outlined below:
22.2.2 International clients only Credit Card is accepted
22.2.3 Namibians and South African clients Cash, Cheque (Only bank guaranteed), Credit Card, Direct Deposit and Electronic transfers. All transfers / direct deposits must be made well in advance before the booking's due date for payment.
22.2.4 For direct deposits or electronic transfers use these Banking Details:
Account Name: NWR - Central Reservations
Account number: 62219539238
Bank Name: First National Bank of Namibia
Branch Code: 281872
Branch: Corporate Banking Unit
Address: Corporate Banking, Swabou Building 4th Floor
Swift code: FIRNNANX
22.2.6 Credit Card Payments:
Card Type: (VISA & Master)............................................................................................................
Name of Bank: .................................................................................................................................
Full Credit Card Number:........................................................... last 3 numbers at the back…........
Card Expiry Date:............................................................................................................................
Amount to be deducted (N$): ..................................................Booking Number..................................................
Signature of Card Owner: ................................Name of Owner.........................................................................
22.3 Cancellation Policy
22.3.1 The parties agree that all cancellations or alterations to bookings shall be done in writing only.
22.3.2 Any modification/amendment/alteration to an existing confirmed booking itinerary resulting in the value of the revised booking being less than the original booking will constitute a cancellation.
22.3.3 The cancellation policy will apply to that portion of the value by which the booking has been adjusted. Any modification to an existing booking's date will constitute a cancellation followed by a new booking.
22.3.4 In the event of any cancellation within the periods provided for hereunder (given as days prior to arrival), NWR may charge the following penalty:
- 30 days and more prior to arrival date, no cancellation fees is payable – provided that any non-refundable/non-transferrable deposit will be forfeited
- 29 - 15 days before arrival - 30% of the booking value will be forfeited
- 14 - 7 days before arrival – 75% of the booking value will be forfeited
- 6 - 0 days before arrival – 100% of the booking value will be forfeited
- No shows – 100% of the booking value will be forfeited
Above cancellation policy applies to meals and activities.
23.4 Ministry of Environment and Tourism - Park Entrance and Usage Fees are:
23.4.1 non refundable
23.4.2 not included in the accommodation fees
23.4.3 paid per person and per vehicle per day
23.4.4 Park Gates opens at sunrise and closes at sunset
23.4.5 Skeleton Coast Park Gate operating hours:
Springbokwasser: Opens Sunrise at 07h00 Latest entry at 15h00
Ugabmund: Opens Sunrise at 07h00 Latest entry at 15h00
23.4.6 No person shall enter a game park or nature reserve with a PLASTIC BAG. A person who contravenes this commits an offence and is liable to a fine not exceeding N$500 or to imprisonment not exceeding 6 months or to both such fine and such imprisonment.