Terms & Conditions

1. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, unless the context indicates otherwise:

1.1.1. “Company” means Wild Spirit Travel Proprietary Limited; a company duly registered according to the laws of the Republic of Botswana, of Company Registration Number BW00009393052;

1.1.2. “Client” means any person, group, entity or representative who makes a booking with the Company and/or participates in any travel services arranged by the Company;

1.1.3. “Services” means the procurement, arrangement and booking of travel-related services including, without limitation, accommodation, transport, activities, excursions and related logistics;

1.1.4. “Supplier” or “Subcontractor” means any third party providing services forming part of the itinerary, including airlines, lodges, transport providers, guides, activity operators and service providers.

These Terms apply to all quotations, bookings and contracts concluded between the Client and the Company.

Headings are for convenience only and do not affect interpretation. Words importing one gender include all genders; the singular includes the plural and vice versa; natural persons include juristic persons.

The contra proferentem rule shall not apply and no ambiguity shall be interpreted against the Company. The word ‘including’ shall be construed as illustrative and not exhaustive.

Wild Spirit Travel

WILD SPIRIT TRAVEL (PTY) LTD

Registration No: BW00009393052
PO Box 20170, Sedie, Maun, Botswana

2. ROLE AND STATUS OF THE COMPANY

2.1 The Company acts solely as a booking and travel arrangement agent and does not operate, control or provide any of the Services forming part of the itinerary.

2.2 All Services are rendered by independent Suppliers over whom the Company has no control.

2.3 The Company is not a carrier, hotelier, tour operator, transport provider or activity operator and shall not be deemed to assume the obligations or liabilities of any Supplier

2.4. Upon request, the Company may provide the identity of relevant Suppliers and make available their applicable terms and conditions

3. ACCEPTANCE OF TERMS AND CONDITIONS

3.1.  The Client acknowledges and agrees that these Terms and Conditions become binding upon the payment of any deposit, part payment or full payment to the Company in respect of a booking, as contemplated in the Bookings and Payment Terms in Clause 7 below.

3.2 Such acceptance shall constitute conclusive evidenc that the Client has read, understood and agreed to be bound by these Terms and Conditions on behalf of themselves and all members of their travelling party, whether or not a signed copy of these Terms and Conditions is returned to the Company.

4. ASSUMPTION OF RISK

4.1. The Client acknowledges that travel in Botswana and the region involves inherent risks, including but not limited to wildlife encounters, remote locations, weather conditions, medical limitations, transport risks and acts of third parties.

4.2 The Client voluntarily assumes all risks associated with participation in the Services, whether foreseeable or unforeseeable.

4.3 The Client confirms that they are medically, physically and mentally fit to undertake the travel and activities booked.

4.4 The Client is responsible for obtaining all requiredvaccinations, preventative medication and medical advice for the destinations visited.

4.5 The Client acknowledges that Suppliers may require the signing of additional indemnities, waivers or codes of conduct and undertakes to comply with all such requirements.

5. EXCLUSION AND LIMITATION OF LIABILITY

5.1 The Client undertakes to comply with all reasonable instructions, rules and codes of conduct imposed by the Company and/or any third-party service providers, suppliers or subcontractors engaged in the provision of the services. The Company shall not be liable for any loss, damage or expense arising from the Client’s failure to comply with such instructions, rules or codes of conduct.

5.2 The Company shall not be liable for any loss,damage, injury, death, delay, inconvenience, additional expense or consequential loss arising from:

5.2.1. acts or omissions of any Supplier, Subcontractor or third party;
5.2.2. wildlife encounters, environmental conditions, weather events or natural phenomena;
5.2.3. mechanical failure, transport delays, cancellations or rescheduling;
5.2.4. the ordinary negligence of the Company, its directors, employees, agents or representatives;
5.2.5.  acts, omissions or decisions of governmental, immigration or border control authorities;
5.2.6  theft, loss of or damage to personal property;
5.2.7  The Client’s failure to comply with all reasonable safety instructions, laws, rules and codes of conduct imposed by the Company and/or any third-party service providers, suppliers or subcontractors engaged in the provision of the services.

5.3. Nothing in these Terms shall exclude liability for loss directly caused by the Company’s own proven gross negligence or wilful misconduct, provided that such liability shall at all times remain subject to the limitations and exclusions set out in these Terms.

5.4 To the maximum extent permitted by law, andnotwithstanding any other provision of these Terms, the total aggregate liability of the Company, whether arising in contract, delict (including gross negligence), statute or otherwise, shall be limited to direct, proven damages only and shall not exceed P100,000.00 (one hundred thousand Pula).

5.5 Under no circumstances shall the Company be liable for any indirect, consequential, special, incidental or economic loss, including loss of profits, loss of enjoyment or loss of opportunity, howsoever arising.

6. INDEMNITY AND WAIVER

6.1.  The Client indemnifies and holds harmless the Company from and against any claims, demands, actions, losses, damages, liabilities, costs and expenses (including legal costs on an attorney- and-client scale) brought by any third party and arising out of or in connection with the Client’s participation in the Services, including claims by dependants, heirs, insurers, estates or third parties, except to the extent that such claims arise solely from the Company’s own  proven gross negligence or wilful misconduct.

6.2 The Client expressly acknowledges the risks inherent in travel and voluntarily assumes such risks.

6.3 The Client waives any and all claims against the Company except to the extent that such claims arise solely from the Company’s own proven gross negligence or wilful misconduct, and subject at all times to the limitations and exclusions contained in these Terms.

6.4 No failure, delay or indulgence by the Company in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further exercise thereof or the exercise of any other right, power or remedy.

7. BOOKINGS AND PAYMENT TERMS

7.1. Quotations provided by the Company do not constitute confirmed or provisional bookings and are subject to availability unless expressly stated otherwise in writing by the Company.

7. 2 A booking shall only be deemed confirmed once the Client has paid the required non-refundable deposit or, where applicable, the full booking amount, within the stipulated time period.

7.3 Any verbal or written communication by the Client, including confirmation by email, WhatsApp, text message, social media messaging platforms or other electronic means, shall be treated as an intention to proceed only and shall not constitute confirmation of a booking unless and until the required payment has been received by the Company.

7.4 Confirmation of a booking constitutes acceptance of these Terms and Conditions by the Client on behalf of all members of the Client’s travelling party.

7.5 A non-refundable deposit of 30% (thirty per cent) of the total booking value is required to confirm a booking, unless otherwise agreed in writing or required by a Supplier.

7.6 Certain Suppliers require non-refundable deposits in excess of the Company’s standard 30% (thirty per cent) deposit policy. The applicable deposit requirement shall be determined by the relevant Supplier and may vary depending on the Supplier’s policies, the nature of the booking, the travel dates and availability at the time of reservation. The Client acknowledges and agrees that any such Supplier-imposed deposit requirement, as  communicated by the Company at the time of quotation or booking, shall apply to the booking and shall override the Company’s standard deposit policy. Supplier deposit requirements may change from time to time without notice.

7.7 By confirming a booking, the Client warrants that sufficient funds are available to meet all payment and cancellation obligations arising from the booking.

7.8 Where a provisional booking has been granted, such provisional booking shall be held for a maximum period of seven (7) days, unless otherwise agreed in writing. If confirmation and payment of the required deposit are not received within such period, the provisional booking shall automatically lapse without further notice.

7.9 Unless expressly stated otherwise in writing, all quotations exclude international flights, visa costs, passport fees and any related documentation expenses.

Full payment is due no later than thirty (30) days prior to commencement of travel, unless:
7.10.1. the booking is made within thirty (30) days of travel, in which case full payment is required immediately; or
7.10.2. a Supplier requires earlier payment, in which case such earlier deadline shall apply.

7.11 Upon confirmation of a booking, the Client may be required to complete and return a Client Information Form as a condition of finalising travel arrangements.

7.12 Failure to make payment entitles the Company to cancel the booking and apply cancellation penalties.

7.13 The Company shall not issue tickets, vouchers, travel documents or booking confirmations until full payment has been received.

7.14 Any additional expenses arising from unscheduledextensions, flight changes, accommodation changes, meals, communication costs or similar expenses shall be for the Client’s account.

7.15 Bookings involving regional or international flights require full payment at the time of confirmation in order to secure ticketing. The Company does not guarantee the availability of any flight until payment has been received and tickets have been issued.

7.16 Credit card fees and bank charges are for the Client’s account.

7.17. The Company shall not be responsible for any charges levied directly by Suppliers or third parties on the Client’s credit card and shall have no obligation to reverse or dispute such charges on the Client’s behalf.

8. CANCELLATIONS, REFUNDS AND AMENDMENTS

8.1. All cancellations or amendments must be made in writing and will only be effective upon written acknowledgement by the Company.

8.2 Cancellations shall attract penalties calculated as a percentage of the total booking value, determined with reference to the date of cancellation and the applicable Supplier cancellation policies.

8.2.1  The required deposit is strictly non-refundable in the event of cancellation, irrespective of the reason for cancellation.

8.2.2 Subject to clause 8.2.3 below, cancellation penalties shall apply as follows, calculated on the total booking value:

8.2.2.1. More than thirty (30) days prior to commencement of travel: the deposit shall be forfeited;

8.2.2.2. Fifteen (15) to thirty (30) days prior t commencement of travel: fifty per cent (50%) of the total booking value shall be forfeited;

8.2.2.3. Zero (0) to fourteen (14) days prior to commencement of travel: one hundred per cent (100%) of the total booking value shall be forfeited.

8.2.3. The Client acknowledges that certain Suppliersimpose their own cancellation policies and penalties, which may differ from or exceed the cancellation penalties set out above and may apply immediately upon confirmation of a booking. In such cases, the relevant Supplier cancellation penalties shall apply and shall override the Company’s standard cancellation policy. The Company shall not be liable for any loss arising from the enforcement of such Supplier policies.

8.2.4. Any reduction in cancellation penalties is at the sole discretion of the Company and/or
the relevant Supplier.

8.3 Any postponement, rescheduling or change of travel dates may, at the discretion of the Company and/or the relevant Supplier, be treated as a cancellation for purposes of applying cancellation penalties.

8.4 Date changes and amendments are subject to Supplier availability, administrative fees and revised rates, including increases arising from seasonality or annual rate adjustments.

8.5 In cases of force majeure, certain Suppliers may impose cancellation penalties notwithstanding the circumstances. The Company shall not be liable for such penalties, and any refunds shall be limited to amounts actually recovered from Suppliers, less administrative fees.

8.6 The Company shall not be obliged to refund any amounts paid to Suppliers unless and until such amounts have been recovered from the relevant Supplier.

8.7 No refunds shall be granted for unused Services, missed connections, early termination of travel or no-shows.

8.8. Airline tickets are generally non-refundable unless expressly stated otherwise in writing.

9. CHILDREN AND AGE RESTRICTIONS

9.1. The Client shall, at the time of requesting a quotation and confirming a booking, disclose the ages and dates of birth of all children travelling.

9.2. The Client acknowledges that not all accommodation providers accept children and that restrictions, conditions or additional charges may apply.

9.3. Without limitation:
9.3.1. certain properties require children under the age of twenty-one (21) to share accommodation with an adult;
9.3.2. certain properties require private vehicles for parties travelling with children under the age of twelve (12);
9.3.3. age classifications for children and adults vary between Suppliers.

9.4. The Company shall not be liable for any refusal of accommodation, additional costs or changes
arising from incorrect or incomplete disclosure of ages

10. TRAVEL LOGISTICS AND INSURANCE

10.1. Clients are advised to allow adequate connection times between flights, including a minimum of two (2) to three (3) hours for international connections via Johannesburg.

10.2 Unless expressly stated otherwise in writing, all road, boat and air transfers and activities ar provided on a shared basis. Transfer and activity times are estimates only and may vary due to routing, operational requirements, weather conditions or additional stops. Departure and arrival times are determined by the relevant service provider. While reasonable efforts are made to transfer travelling parties together, this cannot be guaranteed due to vehicle or aircraft capacity constraints.

10.3 Clients must comply with weight and luggage restrictions imposed by air charter and transfer operators. Passengers weighing over 100kg must disclose this at the time of quotation and booking, as additional seating may be required at additional cost. Luggage limits vary by aircraft and destination, and only soft-sided luggage is permitted. Excess or non compliant luggage may result in additional transport or storage costs, which shall be for the Client’saccount.

10.4 The Company shall not be liable for any unused services, including accommodation, transfers, flights or activities, arising from missed, delayed or rescheduled flights. Such unused services are non-refundable in accordance with Supplier policies.

10.5 Any additional costs incurred as a result of the above shall be for the Client’s own account.

10.6 The Company strongly recommends that Clients obtain comprehensive travel insurance to cover cancellation, delays, medical expenses and related risks.

11. PASSENGER INFORMATION

11.1. Where the Company arranges scheduled flights, the Client shall provide full passenger names exactly as reflected in the passport.

11.2 The Company shall not be liable for any costs, denied boarding or ticket amendments arising from incorrect passenger information supplied by the Client.

12. SELF-CATERING EQUIPMENT

12.1. Where the Company provides or arranges the provision of basic self-catering or camping equipment to the Client, including but not limited to tents, bedding, linen, refrigeration units, cooler boxes, tables, chairs, cooking equipment, gas stoves, utensils or related supplies, such equipment is provided on an “as is” basis for convenience only.

12.2 The Client shall be responsible for the safekeeping of all self-catering equipment provided and shall return such equipment in substantially the same condition as received, fair wear and tear excepted. The Client shall be liable for the reasonable costs of repair or replacement of any equipment that is lost, damaged, destroyed or rendered unusable during the booking period.

12.3 The Client acknowledges that the use of such equipment carries inherent risks and agrees to use all equipment responsibly, in accordance with any instructions provided.

12.4 The Company shall not be liable for any injury, loss, damage or expense arising from the use, misuse, malfunction or failure of such equipment, save to the extent that such loss is directly caused by the Company’s proven gross negligence or wilful misconduct.

12.5 The Client indemnifies the Company against any claims arising from the use of such equipment by the Client or any member of the Client’s party.

13. FORCE MAJEURE

13.1. Neither party shall be liable for failure to perform due to events beyond reasonable control including natural disasters, pandemics, war, unrest, government actions or extreme weather.

13.2 The Company may amend, suspend or cancel Services in such circumstances without liability.

14. TRAVEL DOCUMENTS, HEALTH AND INSURANCE

14.1. The Client is responsible for passports, visas, vaccinations and compliance with entry requirements.

14.2 Comprehensive travel insurance is strongly recommended.

15. CONFIDENTIALITY AND DATA PROTECTION

15.1. The Company undertakes to treat all personal information provided by the Client as confidential and to process such information lawfully, fairly and transparently in accordance with the Data Protection Act, 2024 of the Republic of Botswana, and any applicable regulations issued thereunder.

15.2 The Client acknowledges and agrees that theCompany may collect, use, store and process personal information, including but not limited to names, contact details, passport information, travel details, medical information disclosed by the Client, and payment-related information, for purposes directly related to the provision of the Services, including but not limited to:

15.2.1. arranging and administering travel bookings and itineraries;

15.2.2. sharing necessary information with Suppliers, Subcontractors and service providers

for the purposes of delivering the Services;

15.2.3. complying with legal, regulatory, immigration, customs and health requirements;

15.2.4. internal administration, record-keeping and risk management.

15.3 The Client acknowledges that, due to the nature of travel and safari operations, personal information may be shared with Suppliers and authorities located outside the Republic of Botswana, including accommodation providers, transport operators, activity operators an immigration authorities, where such disclosure is necessary for the performance of the Services.

15.4 The Company shall take reasonable technical and organisational measures to safeguard personal information against unauthorised access, loss, misuse or disclosure.

15.5 The Client warrants that all personal information provided to the Company is accurate,complete and up to date and undertakes to promptly notify the Company of any changes.

15.6 Nothing in this clause shall prevent the Company from disclosing information where required to do so by law, a competent authority, or in order to protect the  legitimate interests, safety or security of the Company, the Client or third parties.

15.7 The Company shall not be liable for any loss arising from the transmission of information over public or unsecured networks, save to the extent required by applicable law.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1.  These Terms are governed by the laws of the Republic of Botswana.

16.2 In the event of any dispute, claim or disagreement arising out of or in connection with these Terms and Conditions or the services provided by the Company,the parties shall first endeavour to resolve the dispute amicably through good-faith negotiations, following written notice of the dispute by one party to the other.

16.3 If the dispute is not resolved within fourteen (14) days of written notice referred to in Clause 16.2 above, either party may refer the dispute to mediation by an independent mediator agreed upon by the parties who is a legal practitioner of the parties’ joint choosing, or failing agreement, appointed by ADOM & BOTHA ATTORNEYS.

16.4 The mediation shall be concluded within twenty one (21) days of the mediator’s appointment unless extended by written agreement of the parties. The costs of mediation shall be shared equally unless otherwise agreed.

16.5. Nothing in this clause shall prevent the Company from instituting legal proceedings at any time to recover outstanding amounts, enforce payment obligations, or seek urgent or injunctive relief.

17. GENERAL

17.1. These Terms constitute the entire agreement between the parties and supersede all prior discussions or representations.

17.2 No variation shall be binding unless reduced to writing and signed by an authorised representative of the Company.

17.3 The Client may not cede, assign, transfer or otherwise dispose of any of its rights or obligations under these terms and conditions without the prior written consent of the Company.

17.4 The Client may not initiate a chargeback, payment reversal or dispute through any banking or card facility in respect of Services already booked, confirmed or rendered.

17.5 Any chargeback initiated in breach of these Terms shall constitute a material breach and the Client shall be liable for all associated bank fees, penalties, recovery costs and legal expenses incurred by the Company.

17.6 The Company reserves the right to recover outstanding amounts through legal or collection processes.

17.7 Clauses relating to limitation of liability, indemnity, cancellations, governing law, dispute resolution and payment obligations shall survive termination, cancellation or completion of the Services.

17.8 Each provision of these terms and conditions is severable from the others. If any provision is found to be invalid, unlawful or unenforceable, such provision shall be severed to the extent of its invalidity, unlawfulness or unenforceability, and the remaining provisions shall remain of full force and effect.

Effective upon confirmation of booking.