Terms & Conditions

In these Terms & Conditions, the ‘LESSOR’ shall mean Melbic Car Rentals, Tours & Transfers CC. The ‘LESSEE’ shall mean the person who has made a booking as the Lead Booking Name.

Booking

  1. The agreement will become effective on the date on which the General Terms and Booking Conditions for the Tour has been signed, the deposit has been paid and confirmed by the LESSEE.
  2. This agreement shall be governed in all aspects by the laws of the Republic of Namibia.
  3. The LESSEE consents to the jurisdiction of the Magistrates Court of the Republic of Namibia for all legal proceedings.
  4. Any person making a reservation with the LESSOR warrants that they have the authority to enter into this agreement on behalf of the person or persons included in such a booking. The person making the booking shall be liable for the total amount due to the LESSOR.
  5. Accommodation will be provided as per itinerary. Accommodation is subject to availability at the date of deposit paid. The LESSOR reserves the right to make use of alternative accommodation of similar or higher standard.
  6. The LESSOR reserves the right to increase the contract price of any tour prior to departure due to factors beyond the control of the LESSOR, such as, but not limited to increase in fuel prices, valued added tax, new government legislation or fluctuations in exchange rate.

Payments

  1. The booking will be confirmed once the LESSEE has paid the 50% or agreed deposit into the account of the LESSOR, either via a link shared or Bank transfer.
  2. The LESSEE is responsible for all bank charges, and any exchange rate differences that may apply when making payments to the LESSOR.
  3. Bookings made less than two (2) months before the arrival date require full payment at the time of booking. All such payments are non-refundable.

Cancellations

  1. Any cancellation of a booking by a LESSEE, must be made in writing and shall only be
    effective upon its written acknowledgement by the LESSOR. The date on which the LESSOR receives the correspondence from the LESSEE will determine the cancellation charge.
    1. 1.1. If the LESSEE cancels a confirmed booking, the following cancellation charges will apply to the total confirmed booking value:
    2. 1.2. 61 days or more before arrival: 25%
    3. 1.3. 46 to 60 days before arrival: 50%
    4. 1.4. 16 to 45 days before arrival: 75%
    5. 1.5. 0 to 15 days before arrival: 100%
  2. The above cancellation fees exclude any cancellation fees of lodges and other accommodation establishments that require larger deposits or full payment in advance of the arrival of the LESSEE, which may have to be added. Cancellation fees in these cases will be determined and applied subject to the terms and conditions of the relevant accommodation establishments.
  3. No refunds will be paid for no-shows or any unused services.

Changes and Alterations

  1. “Force Majeure” means, in relation to the LESSOR, any circumstances beyond the reasonable control of the LESSOR (including, but not limited to, acts of nature (natural disasters – earthquakes, floods, tornados, hurricanes, etc.), explosion, fire, war or threat of war, strikes, sabotage, civil disturbance, quarantine, government intervention, weather conditions or other unexpected occurrences).
  2. The LESSOR shall not be deemed to be in breach of these terms and conditions or otherwise be liable to the LESSEE, by reason of delay in performance, or by nonperformance, of any of its obligations hereunder to the extent that any such delay or nonperformance is due to any Force Majeure.
  3. If the LESSOR is affected by Force Majeure, it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the tour. No refunds are given for circumstances arising beyond the LESSOR’s control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of the tour.
  4. In the unlikely event of a vehicle breakdown, during a tour, the LESSOR reserves the right to alter the itinerary accordingly to make up any time lost due to any unforeseen circumstances.
  5. While it is possible for the LESSEE to break away from the planned tour itinerary after departure, it is understood that all extra expenses incurred because of such a breakaway will be for the LESSEE’s account and any unused services will not be refunded. Amendments and cancellations of route must be made directly with the LESSOR.

Insurance

  1. Travel and cancellation insurance is mandatory for every LESSEE and is the sole and exclusive responsibility of the LESSEE. Before a LESSEE commences a tour, it is accepted that they have arranged their own insurance for the full duration of the travel, to cover personal injury, medical expenses, repatriation expenses and loss of luggage. If a LESSEE falls ill, all hospital expenses, medical expenses, doctor’s fees, and repatriation costs are the LESSEE’s responsibility.
  2. The LESSOR shall not be held liable for any such costs, nor for any refunds of the tour, rental, or any other amounts whatsoever arising from such circumstances.
  3. The carriage and storage of all baggage and personal effects are at the LESSEE’s own risk, and the LESSOR shall not be liable for any loss or damage thereof.
  4. The onus is on the LESSEE to ensure passports and visas are valid for the duration of the tour. The LESSOR cannot be held liable for any necessary visas or other travel documents not arranged for by LESSEE.

Liability

  1. The LESSOR and its representatives shall not be liable for any loss, damage, delay, injury or death arising from any cause, including errors or omissions in any documentation, booking issues, or delays, whether due to negligence or otherwise.
  2. The LESSOR will not be liable for any loss, damage, costs and expenses which the LESSEE may sustain:
    1. 2.1. because of booking and undertaking a tour with the LESSOR.
    2. 2.2. because of using alternative roads not recommended by the LESSOR.
  3. 3. The LESSOR acts as tour operator and for local and international accommodation establishments and activity operators and accordingly accepts no liability whatsoever for any loss, damage, injury, accident, delay or any other incident or irregularity howsoever arising.
  4. The LESSOR will use its best efforts to ensure all arrangements and services are carried out as planned. However, as these services are provided by independent suppliers, the LESSOR shall not be liable for any errors or omissions on their part.
    1. 4.1. The LESSOR cannot be held liable for any quality, safety, or appearance issues experienced at an accommodation establishment.
    2. 4.2. Should the LESSEE choose alternative accommodation or suppliers, all such arrangements are at the LESSEE’s own risk and expense, and the LESSOR shall not be liable for any associated costs or issues.

Health

  1. The LESSEE shall acknowledge an awareness of the proposed itinerary and shall confirm that he or she is medically fit, in good physical and mental health and is able to embark on the tour.
  2. Any LESSEE with a pre-existing medical condition or illness must declare the true nature of such a condition to the LESSOR before the commencement of the tour.
  3. The LESSEE undertakes to do the tour, travel, or activity at their own risk.

Claims and Complaints

  1. If the LESSEE has a complaint, the LESSOR must be notified immediately and given the opportunity to investigate and resolve the matter.

LESSOR Responsibility and Rights

  1. The information in any brochure and printed itineraries is given in good faith and is based on the latest information available to the LESSOR.
  2. Printed itineraries serve as a guideline only.

LESSEE Responsibility for Accommodation Policies

  1. LESSEEs are required to always adhere to the accommodation policies of each establishment.

Tour Amendment Policy

  1. If the LESSEE requests amendments after signing off the accommodation listing, such changes will be subject to:
    – a N$ 500.00 per person, per accommodation establishment administration fee,
    – all applicable supplier cancellation costs or other charges, and
    – availability in accordance with supplier terms.