TERMS & CONDITIONS
When you complete your Booking at Nam Flava Camping, you accept these Terms and any other terms that you’re provided with during the booking process. If anything in these Terms is (or becomes) invalid or, unenforceable:
• it will still be enforced to the fullest extent permitted by law
• you will still be bound by everything else in the Terms.
If there’s any mismatch between general and specific terms, the specific terms will apply.
Nam Flava Music Tours CC is trading as Nam Flava Camping.
When you book an accommodation, car or activity, Nam Flava Music Tours CC trading as Nam Flava Camping provides and is responsible for the Platform – but not the travel experience itself.
General Conditions
Our Platform
• We take reasonable care in providing our Platform, but we can’t guarantee that everything on it is accurate (we get information from the Service Providers). To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information - although we will do everything we can to correct/fix them as soon as we can.
• We’re not a party to the terms between you and the Service Provider. The Service Provider is solely responsible for the travel experience.
You will:
• comply with all applicable laws
• cooperate with any anti-fraud/anti-money laundering checks we need to carry out
• not use the Platform to cause a nuisance or make fake Bookings
• use the travel experience and/or platform for their intended purpose
• not cause any nuisance or damage, and not behave inappropriately to the Service Provider’s personnel (or anyone else, for that matter).
Prices
When you make a booking, you agree to pay the cost of the travel experience, including any charges and taxes that may apply.
Payment
We organise your payment to the service provider. We will be responsible for managing your payment and ensuring the completion of your transaction with our Service Provider. Your payment constitutes the final settlement of the due and payable price. If you know of or suspect any fraud or unauthorised use of your Payment Method, please contact your payment provider, who may cover any resulting charges, possibly minus an excess.
Policies
When you make a Booking, you accept the applicable policies as displayed in the booking process.
If you cancel a Booking or don’t show up, any cancellation/no-show fee and any refund will depend on the cancellation/no-show policy.
If you think you're not going to arrive on time, please contact our Service Provider and tell them when they can expect you, so they don't cancel your Booking. If you’re late, we are not liable for the consequences. (e.g. the cancellation of your Booking).
As the person making the Booking, you are responsible for the actions and behaviour (in relation to the travel experience) of everyone in the group. You are also responsible for obtaining their permission before providing us with their personal data.
Privacy and cookies
If you book an accommodation, car or activity, please see our Privacy and Cookies Policies for more information on privacy, cookies, and how we might contact you and process personal data.
Intellectual property rights
Unless otherwise stated, all rights in our Platform (technology, content, trademarks, look & feel, etc.) are owned by Nam Flava Music Tours CC and by using our Platform you agree to do so for its intended purpose only and respecting the conditions set out below. You’re not allowed to monitor, copy, scrape/crawl, download, reproduce or otherwise use anything on our Platform for any commercial purpose without written permission from Nam Flava Music Tours CC.
Communication with the Service Provider
We may help you communicate with your Service Provider, but we can’t guarantee that they’ll read anything from you, or that they’ll do what you ask. In itself, the fact that you contact them, or that they contact you, doesn’t mean you have any grounds for legal action.
Measures against unacceptable behaviour
We have the right to stop you from making any bookings, to cancel any Bookings you’ve already made, and/or to stop you using our Platform. Of course, we’ll only do this if, in our opinion, there’s a good reason to - for example:
• fraud or abuse
• non-compliance with our values, or with applicable laws or regulations
• inappropriate or unlawful behaviour (e.g. violence, threats or invasion of privacy) in relation to us, any of the companies we work with.
Limitation of liability
1. To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won’t be liable for (e.g.) any:
• indirect loss or indirect damage
• inaccurate information about a Service Provider
• product, service or action of a Service Provider or other business partner
• mistake in an email address, phone number or credit card number (unless it’s our fault)
2. If you are in breach of these Terms and/or the Service Provider’s terms, to the extent permitted by law:
• we won’t be liable for any costs you incur as a result, and
• you won’t be entitled to any refund.
3. To the extent permitted by law, the most that we, or any Service Provider, will be liable for (whether for one event or a series of connected events) is the cost of your Booking, as set out in your confirmation email.
4. Nothing in these terms will limit our (or the Service Provider’s) liability in respect of our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation.
5. We don’t make any promises about Service Provider's products and services
(apart from what we expressly state in these Terms).
6. You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company’s terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.
Applicable law and forum
To the extent permitted by mandatory local (consumer) law, these Terms and our services will be governed by Namibian law (for accommodations, car rentals or activities).
Cancellations
Cancellation fees will be incurred as follows:
30-16 Days prior to arrival - 50% travel/activities booking
15-11 Days prior to arrival - 75% travel/activities booking
10 Days or less prior to arrival - 100% travel/activities booking
Non-arrivals - 100% travel/activities booking
Amendments (changes to your Booking)
You can make changes to your Booking anytime before you’re due to start your tour.
There is no administration fee for changing your Booking, but any changes you make may affect the tour price. Sometimes, the only way we can change a Booking is to cancel it and make another one, in which case we may charge you a cancellation fee.
If changing your Booking would change the price or incur a cancellation fee, we will tell you in advance.
Changes made by us
If we/the Service Provider need to change your Booking (e.g. if the Service Provider can’t provide a car or camping place), we’ll tell you as soon as we can. If you don't accept that change, you’ll be entitled to cancel and claim a full refund (no matter how close the start of your tour) but we will have no additional liability for any direct or indirect costs you may incur (e.g. hotel rooms, taxis etc).
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Accommodations
Contractual relationship
1. When you make a Booking, it’s directly with the Service Provider. We’re not a ‘contractual party’ to your Booking.
2. Nam Flava Music Tours CC owns and operates the Platform.
3. Our Platform only shows Accommodations that have a commercial relationship with us, and it doesn’t necessarily show all their products or services.
4. Information about Service Providers (e.g. facilities, house rules and sustainability measures) and their Travel Experiences are based on what they provide to us.
What we will do
1. We provide the Platform on which we promote Service Providers and their Accommodations.
2. Once you’ve booked your Accommodation, we will provide you and the Service Provider with details of your Booking, including the names of the guest(s) via email.
What you need to do
1. Fill in all your contact details correctly, so we and/or the Service Provider can provide you with information about your Booking and, if necessary, contact you.
2. Read these Terms and the terms displayed during the booking process carefully.
3. Take care of the Accommodation and its furniture, fixtures, electronics and other contents. If anything is broken, damaged or lost, make sure you report it to the staff there (as soon as you can, and certainly before you check out).
4. Maintain the security of the Accommodation and its contents during your stay.
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Activities
Contractual relationship
• We do not (re)sell, offer or provide any Activities on our own behalf - when you book an Activity, you enter into a contract directly with the Service Provider as disclosed during the booking process.
• We act solely as the Platform and are not involved in the Third-Party Terms. We are not responsible for your ticket and (to the fullest extent permitted by law) have no liability to you in relation to your Booking.
What we will do
• We provide the Platform on which we promote Service Providers and Travel Experiences.
• Once you’ve booked your Activity, we’ll provide you and the Service Provider with details of the Booking; if the Service Provider needs more than your name, we’ll tell you at the time of booking.
What you need to do
• You must fill in all your contact details correctly, so we and/or the Service Provider can provide you with information about your Booking and, if necessary, contact you.
• You must read and agree to comply with our Terms and the Third-Party Terms and acknowledge that breaching them may lead to additional charges and/or the cancellation of your Booking.
Price and payment
• When you book an Activity, we will organise your payment to the Service Provider.
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Car rentals
Contractual relationship
• When you book a Rental, your Booking is directly with the Service Provider.
• If there’s any mismatch between these Terms and the Rental Agreement, the Rental Agreement will apply.
What we will do
• We provide the Platform on which we promote Service Provider's Rental Cars.
• We don’t guarantee the precise make and model you’re booking.
• The phrase ‘or similar’ means you could get a similar car (i.e. the same size, with the same kind of gearbox, etc.).
So the car pictures are illustrative only.
Once you’ve booked your Rental:
• we’ll give the Service Provider the Booking details (e.g. the Main Driver's name and contact phone number)
• we’ll provide you with Pick-up information (e.g. the Service Provider's contact details, and details of what you need to take with you).
What you need to do
• You must provide all the information we need to arrange your Booking (contact details, Pick-up time, etc.).
• You must read and agree to comply with these Terms and the Rental Agreement, and acknowledge that if you breach them:
• you might have to pay additional charges
• your Booking might be cancelled
• the counter staff might refuse to hand over the keys at the rental counter.
• You must ensure that when they get to the rental counter, you bring everything they need (e.g. driving licence, any required ID, and a credit card in their own name, with enough available funds to cover the security deposit).
• You must make sure the Main Driver is both eligible and fit (in the Service Provider’s opinion) to drive the car.
• You must, if anything goes wrong during your Rental (accident, breakdown, etc.): contact the Service Provider
• not authorise any repairs without the Service Provider's consent
• keep all documentation (repair bills, police reports, etc.) to share with the Service Provider.
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Price and payment
• When you book a rental car, we will organise your payment to the Service Provider.
Additional costs and fees
• In many cases, the Service Provider will charge a young driver fee for each driver under a certain age (e.g. 25). In some cases, they may charge a senior driver fee for each driver over a certain age (e.g. 65). When booking on our Platform, you must enter the Main Driver's age (at least 23), so we communicate this with the Service Provider.
• If, after Pick-up, you decide you want to keep the car for longer, please contact the Service Provider. They'll tell you how much this would cost, and you'll enter a new contract with them directly. If you drop the car off late without agreeing on this in advance, they may charge an additional fee as well.
Extras
• Your rental is equipped with all extras as indicated in the booking process.
• You are able to request any other extras with the Service Provider either before or when you pick up your car – in which case:
• you'll pay for them at Pick-up, and
• the Service Provider doesn't guarantee they'll be available for you.