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Safari to Namibia

Home / Safari and Tours / Safari to Namibia

16 Days from
$7091 p/p in USD
Departures
Year Round

TRAVEL PARTNER

Sense Earth

Sense Earth

16 Days from
$7091 p/p in USD

Departures
Year Round

TRAVEL PARTNER

Sense Earth

Sense Earth

Destinations

Namibia

Tour Type

Self Drive

Safari Standard

Luxury

Tour Overview

On this self-drive get to know Namibia, with its unforgettable experiences and landscapes; it has the world's oldest desert and highest dunes, one of the world’s ancient plants and one of Africa's largest game reserves. A self-drive is a pleasure here, the driving is easy with little traffic (just look out for animals on the roads!) and it gives you the opportunity to immerse yourself completely in Namibia's impressive scenic beauty and wonderful wildlife, pure restoration for the soul.

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General Information

  • Safari types:
    Self Drive Safari, Wildlife Safari
  • You will visit:
    Damaraland, Namib-Naukluft National Park, Swakopmund, Sossusvlei
  • Wildlife:
    Birds, Oryx/gemsbok, Black-faced impala, Zebra, Hyena, Cheetah, Lion, Elephant, Rhino, Jackal, Warthog, Springbok, Ostrich, Dolphin, Whale, Turtle
  • Activities:
    Game Drive, Boat Cruise, Nature Walk, Optional Activities
  • Getting around:
    4x4 Vehicle
  • Start/end:
    Start in Windhoek, end in Windhoek

Highlights

  • Dunes of Sossusvlei
  • Namib Desert
  • Wildlife extravaganza
  • The pans of Etosha
  • Spectacular scenery

At a Glance

  • Price: £5,500 per person
  • Group size: group of 2
  • Duration: 15 nights in Namibia
  • Accommodation: Luxury and unique accommodation
  • Transport: Self-drive, private transfer from airport
  • Weather: Temperature range of 24 – 32C

Itinerary

  • Day 1: Olive Grove Guesthouse – explore Windhoek
  • Days 2 – 3: Kulala Desert Lodge – experience the desert
  • Days 4 – 6: Villa Margherita – Swakopmund activities
  • Day 7: Spitzkoppe Lodge – star gazing galore
  • Days 8 – 9: Doro Nawas – wildlife extravaganza
  • Days 10 – 11: Ongava Lodge – immerse into Etosha
  • Days 12 – 13: Mushara Outpost – more incredible wildlife
  • Days 14 – 15: Okonjima Bush Camp – track cheetah

Rates – Per Person GBP

From £5,500 per person

What's Included

  • Flights
  • Accommodation as per itinerary
  • Private airport transfers
  • Car rental
  • Meals as per itinerary
  • Acitivities as per itinerary

What's Excluded

  • Visas
  • Insurance
  • Personal expenses and gratuities

Disclaimer

  • This itinerary is owned and delivered by ‘Sense Earth
  • All prices are ‘From’ and may vary at the time of booking
  • Display price is usually based on two people sharing
  • Sense Earth‘ reserves the right to change the content and price of the itinerary
  • All itineraries and services are subject to availability

Day by Day Overview

You will be transferred from the airport to Windhoek. The drive into Windhoek takes around 45 minutes, so you can relax in air-conditioned luxury and enjoy the scenery on the way to your first destination. Olive Grove is a small and upmarket establishment situated close to Windhoek city centre in a quiet, peaceful area. Not only do they do breakfast, dinner can be catered for as well. Each room has a large veranda with tables and chairs for al fresco dining. The open-air lounge, spa bath, plunge pool and tranquil garden all invite the visitor to unwind and relax under Namibia’s open skies. The Wellness Room offers a selection of professional services to help guests relax and de-stress after a long flight. The inside lounge is tastefully decorated, with comfortable chairs and a fireplace in front of which to relax, perhaps with a glass of good whiskey on a cold winter’s evening. The stunning open plan kitchen creates a homely feel while providing tasty meals. Olive Grove will turn Windhoek into one of the highlights of any trip, creating and leaving a lasting impression of this beautiful country.

Windhoek, the capital of Namibia, is in a basin between the Khomas Highland, Auas and Eros Mountains. It is 1,680m above sea level, 650km north of the Orange River and 360km from the Atlantic seaboard. Whether due to pure luck or a brilliant stroke of Germanic planning, the city is situated in what is almost the country’s geographical centre. The city centre is characterised by a proliferation of German style buildings, a lasting reminder of Namibia’s early colonial history. Early buildings such as the Alte Feste (old fort), Christuskirche and Tintenpalast (the parliament buildings) are of historical interest. Other notable buildings in Windhoek include St Mary’s Cathedral and the Turnhalle Building. Whilst there you will be met and given all the things you need for your self-drive trip. Your vehicle will be handed over, checked over and you will be given a local cell phone for emergencies.

Accommodation: All the rooms are furnished in a simplistic, but stylish fashion. Extensive use has been made of natural stone cement, especially in the bathrooms, which are spacious and particularly indulgent. Moroccan lights give rooms a romantic. Some of the bedrooms have a more open bathroom, while others have a more traditional, en-suite bathroom. The overall feeling is one of comfort and coolness, with all the facilities and added touches aimed at ensuring guests have an enjoyable and pleasurable stay.

Meal Plan: Breakfast

Approximately 322km/5 hours excluding stops.

Kulala Desert Lodge is located within the arid Namib Desert on the 37,000 hectare private Kulala Wilderness Reserve. Originally opened in 1996, the entire lodge was built to make the most of the vista. In addition to the dunes on its doorstep, however, its defining attraction remains a private entrance from the reserve into the Namib-Naukluft National Park. Activities revolve around early morning guided drives to the dunes of Sossusvlei through the private gate on the Tsauchab River.

The world-famous Sossusvlei is both the name for the area in general as well as an enormous clay pan, flanked by the enormous sand dunes. Nearby, at the foot of some of these dunes the skeletons of trees dominate the landscape, where once water flowed. This is known as Dead Vlei. The private entrance to the national park is a real bonus for guests as it’s substantially closer than the main gate, offering a fantastic opportunity to make the most of the early morning light and to get into the park before everyone else. Exclusivity at its best. There are also chances to go on nature drives and walks on the private Kulala Wilderness Reserve. Let the staff show you this extraordinary area. Sossusvlei, with its monumental dunes, up to 325m when measured from their base, is one of the top destinations in Namibia. The star-shaped dunes are a sought after topic for artists and photographers. Formed by strong multi-directional winds, they are at their highest and most spectacular where the west-flowing Tsauchab River empties itself into the vlei. The warm tints of the sand, ranging from apricot to orange, red and maroon, contrast vividly with the dazzling white surfaces of the large deflationary clay pans at their bases. One of these, referred to as Dead Vlei, is a large ghostly expanse of dried white clay, punctuated by skeletons of ancient camel-thorn trees, carbon-dated as being between 500 and 600 years old. When it has rained sufficiently in the interior for the Tsauchab River to come down and fill the main pan, flamingoes and other aquatic birds are drawn to the area.

The convivial main area includes a lounge, bar, dining area, plunge pool, and wrap-around veranda overlooking the riverbed – a perfect location to view and photograph the desert vista and to contemplate the day’s exciting activities. A waterhole in front of camp attracts several local wildlife (such as gemsbok, springbok, ostrich and jackal) and provides a perfect location to view and photograph the desert scenery. At the side of the main building is a reasonably good-size swimming pool, which you may share with the birds as they often swoop in for a quick drink. It’s a large, walled off area with sun loungers and some thatched shady spots to escape the sun during the heat of the day.

Accommodation: There are 19 thatched and canvas “kulalas” with en-suite bathrooms and verandas, each unit is built on a wooden platform to catch the cooling breezes and has a deck on the flat rooftop for sleep-outs under the stars. This is an opportunity not to be missed! Each room is nicely positioned looking out over the red dunes and into the vast expanse of the desert. Totally inspiring.

Meal Plan: Fully Inclusive
Activities Included: All activities

Approximately 344km/5.5 hours excluding stops

The Villa Margherita is an antique colonial villa, set in the heart of Swakopmund. It is over 100yrs old, and was originally known as the historical building of Dr. Schwietering Haus. The owners, Claudine and Amelio, have created a ‘guest house of their dreams,’ whilst maintaining the original structure and unique charm of the old house. Swakopmund itself is a fascinating and intriguing resort town, complete with German architecture, monuments, historic buildings, well maintained gardens, palm lined avenues, coffee bars and great seafood restaurants. Temperatures rarely drop below 15C however, the town is subjected to 9 months of morning fogs each year. These damp and grey conditions often result in cool temperatures persisting the whole day, but this mist band, stretching up to 30km inland, gives water and life to the deserts plants and animals giving rise to 80 types of lichen and the ancient Welwitschia plants.

Catamaran Tour on day 5: Catamaran Charters started operating with Fred and Astrid Deetlefs and Marko and Daniela Jansen Van Vuuren. The Catamaran Charters team is a family business and is now owned by Theunis & Desmeon Keulder. The Catamaran Charters team invites you aboard their 45ft Royal Cape Sailing Catamaran Silverwind, their 60ft Simonis Sailing Catamaran Silversand, or their 40ft Admiral Motorised Catamaran Silvermoon, to enjoy an adventure packed tour to Pelican Point and Walvis Bays’ beautiful bay area. This morning you will make your way down to the Walvis Bay Waterfront (the Yacht Club) for a few hours aboard one of the three catamarans, where you will experience the lagoon in luxury, style and comfort. You need to arrive by 08h30 and check in at the Catamaran Charters cafe. You will depart from the Walvis Bay Yacht Club at around 09h00, and cruise into the beautiful bay area. Your guide will serve drinks and you will cruise towards the Pelican Point lighthouse where you will see the Cape fur seal colony, with large numbers of playful seals both in and out of the water. The old supply railway line can still be seen from the years when the lighthouse was occupied by the coastguards. Your guide will also point out the local oyster platforms and explain the workings of that industry, and you will see something of the enormous bird diversity of this area. Species include flamingos, pelicans and cormorants. Depending on the time of year, and of course on luck, you may also see dolphins, and occasionally the bizarre mola-mola (sunfish), leatherback turtle, humpback, southern right or orca whale. Three different types of dolphins may be encountered, namely the heavyside dolphins – which are the most important as they are endemic to the coast of Namibia – dusky dolphins and Atlantic bottlenose dolphins. This 3.5 hour excursion includes sparkling wine, Walvis Bay oysters, snacks and other drinks whilst on board. You will return to the Yacht Club at around 12h30.

Swakopmund activities: there are many adventure activities on offer including sand-boarding (lie down or stand up), tandem sky-diving, fishing or quad biking which can be arranged prior to arrival. Also recommended some excellent day trips including one which visits the marine sanctuary of Sandwich Harbour, a unique environment comprising towering dunes, a freshwater lagoon and the wild Atlantic Ocean. Other half day trips which are a lot of fun include the Living Desert tour which takes you into the dunes near to Swakopmund, in search of uniquely adapted creepy crawlies, kayaking with seals from Pelican Point in Walvis Bay, or a specialist birding trip in the area. Some activities can be booked at the last minute, but we recommend booking in advance to avoid disappointment. There are also some very interesting attractions in the town itself that you may wish to visit. The Crystal Gallery has displays of Namibia’s mineral wealth, and an area where kids (or adults!) can collect a bag full of semi-precious stones. The National Marine Aquarium only displays indigenous Atlantic Ocean species and has a wide variety of fish, some sharks, rays and smaller inhabitants of the rich Benguela waters. The Snake Park houses a fascinating display of Namibian snake species as well as some confiscated exotics, and the Swakopmund Museum near to the main beach offers an interesting insight into the history of this town.

Accommodation: A fusion of contemporary charm and a historic colonial building. With its few double rooms, most of them having a private lounge area, Villa Margherita offers seclusion and personalized service. All rooms offer a flat screen TV, safe, hairdryer and free wireless internet connection. Personal laptops available upon request (subject to availability).

Meals plan: Breakfast
Activities Included: Catamaran trip

Approximately 150km/2 hours excluding stops

The lodge is situated on the northern periphery of the Spitzkoppe inselberg, between huge granite boulders, which were created more than 150 million years ago, with breathtaking views onto the Brandberg and Erongo Mountains. The buildings are linked with elevated walkways all constructed to be wheelchair friendly and minimise the impact on the environment. Limited use of concrete with elevated floors and decks and composite materials for walls, which can be dismantled easily, will enable nature to restore itself in just a few months after deconstruction. Sensitivity towards wildlife and heritage was paramount in all the stages of the development. The tented roof shapes simulate the surrounding rock formations and soften the square building plan form. Water, is sourced from boreholes and purified with the lodge’s own reverse osmosis plant. The lodge is connected to the national grid by way of a 5km long underground cable for its electricity supply, all to ensure minimum disturbance of the spectacular archaeological landscape. This is an intoxicating experience in this ancient landscape, take time to let your heart, mind and soul take in all that there is to offer and be assured it will never leave you.

Accommodation: The stylish, private accommodation consists of 15 generously spaced tastefully furnished chalets, each with private bathroom and covered outside viewing deck. The lodge accommodates maximum 30 guests. Window openings are equipped with gauze and the beds with mosquito netting. Given the remoteness of the area, the stargazing opportunities here should be spectacular and we believe the lodge has star maps available at reception.

Meal Plan: Dinner and Breakfast

Approximately 245km/4.5 hours drive excluding stops

Doro Nawas is situated on a rugged, rocky hill, on the edge of the dry Aba Huab River. The elevated site supplies endless and spectacular views of the Etendeka Mountains and the red sandstone cliffs of Twyfelfontein (famous for the San rock engravings). This area of Namibia is commonly referred to as Damaraland, or more recently the Southern Kunene Region, and is one of the most rugged and uninhabited areas on the African continent. This is a wonderful area for enjoying th  dramatic Damaraland landscape. There are no large concentrations of wildlife; however, this seemingly stark environment is amazingly home to a range of wildlife including desert-adapted elephant, gemsbok, springbok and a variety of other species such as bat-eared fox and the occasional glimpse of black rhino and cheetah. Birdlife is excellent with several Namibian endemics, such as Damara hornbill, Carp’s tit and Rüpell’s korhaan.

Activities revolve around this wildlife which is found in and around the Huab River Valley. The valley occasionally fills with floodwater in the rainy season; a favourite being a guided 4×4 trip to track desert-adapted elephants. Many guests also head out on a fascinating expedition to the local rock art site at nearby Twyfelfontein, with some of the most renowned San art engravings in Namibia, which usually also calls in at the Petrified Forest. There is also a walking trail near the lodge, which can be enjoyed with or without a guide.

Excursions: maybe make an excursion to the Twyfelfontein rock etchings and paintings today, a local guide will escort you around the ancient hillsides which are open for guests between 08h00 and 17h00. This area is covered in numerous fascinating examples of San (Bushman) rock art and is well worth a visit. There is safe parking here and a tour lasts for around an hour.

The ‘Burnt Mountain’, an interesting area of volcanic rock, is also worth visiting (preferably at sunset). This area is an amazing sight as the sun shines over these rocks, giving the impression of flames moving over the mountain. Another intriguing site is the ‘Valley of the Organ Pipes’ situated across the road from the Burnt Mountain. This strange formation was formed when basalt slabs were gouged out by a river thousands of years ago.

Another optional activity is the Damara Living Museum is a community venture located just a few km down the D2612 from the C39. The experience is refreshing and honest, and it is an interesting way to spend an hour or so if you have time on your journey. Here you can learn about the traditional way of life for the Damara people; get involved with the villagers by tasting local homebrew, wearing ochre on your faces, playing a local game, dancing, or making beads. There are a few different options including a village tour, donkey cart ride, or a visit to the modern village nearby. They have a picnic spot near the car park so it is also a nice place to stop for lunch (you must bring your own food and drinks).

Accommodation: There are 16 chalets in the camp. They have all been built from a combination of a stone base and canvas walls, supported on wooden posts which also prop up the thatched roof. Each chalet is of an open-plan design, with a large bedroom, a double bed, a couple of comfortable, padded wicker chairs, and a ceiling fan. The spacious chalets are lovely and cool during those hot summer days. It is also possible on the warmer evenings to wheel the beds out of the rooms, and enjoy a night under the stars. Power is supplied to the lodge from a generator. It is divine!

Meal Plan: Dinner and Breakfast

Approximately 353km/4.5 hours excluding stops

Perched on the top of a small kopje (rocky outcrop), overlooking the plains below, Ongava Lodge was the original ‘luxury game lodge’ near Etosha. It stands on the private Ongava Game Reserve, which borders the southern side of Etosha National Park near the Andersson Gate, south of Okaukuejo. Activities include game drives in open 4×4 vehicles into the Okaukeujo area of Etosha where lion, elephant, cheetah, gemsbok, springbok and hartebeest can be seen at many of the waterholes in the park. In addition, hides and walks with armed guides are enjoyed on the private reserve. Ongava has resident white and black rhino, giving you the unique opportunity to see both charismatic species. Birdwatching on the Ongava Reserve can also be very good, with ten out of Namibia’s 14 endemic (or almost endemic) species to be found here including the bare-cheeked babbler, violet wood-hoopoe, Carp’s tit and red-necked falcon.

Accommodation: Attractively built out of brick, rock and thatch, Ongava Lodge consists of 13 beautifully appointed chalets and 1 family room. Each air-conditioned room has glass-fronted doors leading out to a private, covered veranda overlooking the plains, and all chalets have an en-suite bathroom with flush toilet, shower and double hand basins. Meals are either served in the main dining area under thatch with a view over the camp’s water hole, or on the dining deck under the stars. There is also a small pool to take a dip in between game drives. Pure luxury is awaiting you!

Meal Plan: Dinner and Breakfast 

Approximately 132km/Full day game drive

Spend today making your way slowly across the Park to Mushara on the eastern side of the park. You may like to stop at the central, Halali camp for lunch and a rest during the heat of midday before continuing later this afternoon. However, please be aware that it can take 9 hours to drive all the way across the park if you decide to stop and watch the wildlife for too long! Mushara Outpost main lodge is wonderfully designed with a spacious feel to it giving you an air of exclusivity. The main part is styled like an old farm house with high walls, corrugated iron roof and a large wrap-around veranda facing northeast to take advantage of shade. The ambiance friendly and welcoming, a great place to end the day after a hard days wildlife seeing!

Accommodation: 16 custom made tent like structures, of wood and canvas are nestled on the banks of an ancient dry river bed known to the locals as an ‘omaramba’. Each tent is set on a wooden deck, a meter and a half above the ground, giving a different perspective of the bush. A large glass sliding door leads into the tent, all windows and doors are covered with fly-screen. Large ceiling to floor windows allow for plenty of air movement during night. For the very warm afternoons, air conditioning adds an extra level of comfort. The shower walls are glass from top to bottom. Unzip the outside canvas wall of the shower to your preferred height and your time in the shower takes a new dimension.

Meal Plan: Dinner and Breakfast 

Approximately 365km/4.5 hours excluding stops

Drive to Okonjima today and arrive in time for lunch or for the afternoon activities which begin at 15h00 in winter or 16h00 in summer. To reach the lodge, follow the signposts off the main B1 road approximately 50km south of Otjiwarongo. Follow signs to Okonjima Bush Camp. Okonjima is home to the AfriCat Foundation, which works with farmers and the public to conserve the big cat species of Namibia. The project is there to educate the local communities on how to work with big cat species rather than capturing them and removing them from arable land and includes a local school. The hopes are to extend their environmental education efforts to high school and even university undergraduates in the future. One of the first steps along this route is to reinstate visits to the Africat clinic and education centre. Other unique activities here include lion viewing, nature walks, cheetah & leopard tracking and bushman walks.

On the day of arrival, you can join an afternoon activity, usually tracking leopard in the immense reserve. After dinner, you will also be offered the opportunity to visit a night hide where many nocturnal animals, including porcupine, honey badger and leopard are frequently sighted. The following morning you will be taken on a drive to visit some of the 60-70 cheetah presently being rehabilitated or in some cases cared for on a more permanent basis. You will have the opportunity to view feeding, see the veterinary/research and learn more about AfriCat’s work.

Accommodation: Maintaining a quintessential bush flavour, the lodge offers Edwardian safari elegance, subtly combined with modern necessities and comforts. The large, spacious rooms open out onto the grass and acacia savannah. Each split-level room has a day bed, bar, tea & coffee facilities. The large bathrooms contain his and hers sinks. Perhaps choose to sleep with the blinds open allowing you to enjoy the unique stillness of the African night.

Meal Plan: Dinner and Breakfast
Activities: Fully inclusive

Approximately 265km/3 hours excluding stops

Return the car to the airport and fly back home.

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    Safari to Namibia

    Sense Earth
    16 Days from
    $7091 p/p in USD
    Departures
    Year Round

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      “Services” means the range of customer services, marketing, travel partner support, back-office and any other services which are incidental or ancillary to providing the Safari Deal Platform;
      “Shared Personal Data” the personal data to be shared between the parties under this Agreement. Shared Personal Data shall be confined to contact information, locational information and other basic identifiers of living individuals connected to, coming from or representative of a Customer or Safari Deal or XXXX Ltd;
      “Safari Deal Customer” means an individual user of the Safari Deal Platform or related services (such as advice or recommendation provided outside the Safari Deal Platform as the case may be) irrespective as to whether that individual has personally accessed the Safari Deal Platform or whether he or she is represented by another person or persons or club or group for the purpose of making travel plans;
      “Subscription Fee” means a subscription fee due and payable by a Travel Partner to Safari Deal in respect of the type of account held by the Travel Partner for the Safari Deal Platform – this will be informed by the level of services being supplied by Safari Deal and the grade of membership applied for, ranging from free (£0) for a basic account up to [£30 plus VAT] for a premium account;
      “Travel Partner” means any third Party engaged in the provision of safaris, tours, holiday packages, or itineraries or services associated with these and who registers as either a travel partner or itinerary partner with Safari Deal;

      1.2. A reference to writing or written includes e-mail.

      1. COMMENCEMENT AND DURATION
        1. This Agreement shall commence on the Effective Date and shall continue for a rolling and indefinite term, until the Agreement is ended either with three month’s written notice (without cause) by either Party or earlier (with cause) in accordance with clause 12.
      1. MUTUAL APPOINTMENT
        1. The Travel Partner appoints Safari Deal on a non-exclusive basis to introduce new business to it via the Safari Deal Platform and Safari Deal appoints and accepts the Travel Partner as a formal, trusted partner and registered account-holder on the Safari Deal Platform.
        2. Nothing in this Agreement shall oblige Safari Deal to provide Safari Deal Customers to the Travel Partner (or influence in any way the booking choices or numbers of persons making an enquiry on the Safari Deal Platform). The Travel Partner acknowledges that Safari Deal shall enter into similar arrangements with other travel companies, tour operators and itinerary providers precisely to expand the attractiveness of the Safari Deal Platform and extend the community of travel partners and Safari Deal Customers using the Safari Deal Platform and related services.
      1. THE SERVICES & ACCOUNT TYPES
        1. For the collaboration envisaged by this Agreement to be successful, the parties agree to perform respective obligations and duties.
        2. Travel Partners shall be eligible in return for payment of the appropriate Subscription Fee to choose from basic-accounts or premium accounts on the Safari Deal Platform.
        3. Basic Accounts – In return for the payment of Referral Fees and Commissions set out in clause 6 plus the Travel Partners’ continuing discharge of its obligations under this Agreement, Safari Deal shall ensure that the Travel Partner receives:
          1. a business page listing at https://safarideal.com/travel-partner/[name of travel partner] which contains:
            • profile
            • company information
            • photos, videos, maps
            • reviews
            • up to five itineraries / products (where developed and available)
          2. all Platform Enquiries and Other Enquiries generated from an itinerary page relating to that Travel Partner (these referrals will go directly to the Travel Partner, who may regard the maker of the enquiries as its client from the point of referral onward).
        4. Premium Accounts – Travel Partners with premium accounts shall be entitled to the following additional features (not available to basic account holders) including:
          1. Google Analytics tools;
          2. priority reference from enquiries submitted via the general enquiries, landing and destination pages;
          3. special mention in email campaigns and,
          4. opportunities to place advertisements on main website pages.
      1. OBLIGATIONS OF THE PARTIES
        1. Safari Deal shall:
          1. provide and maintain the Safari Deal Platform in pursuance of the Agreed Purposes;
          2. from time to time enhance and improve the Safari Deal Platform where economic and practical to do so;
          3. share all content provided by the Travel Partner for use and display on the Safari Deal Platform (provided it is accurate, comprehensive, capable of uploading, is in intelligible form and complies with all Laws);
          4. positively endorse the Travel Partner when the opportunity arises in correspondence or communication with Safari Deal Customers;
          5. provide opportunities – when and if available – for the Travel Partner to further market and promote its product and services via trade shows, search engine optimisation, pay per click, social media posts and campaigns, and occasional blogs;
          6. enable access for the Travel Partner to the wider community of Safari Deal Customers, stakeholders and other travel and itinerary partners including certain strategic partnerships Safari Deal enjoys (currently including Bokun, WETU, destination services, public relations firms or agencies or key tourist board contacts in different localities);
          7. act in good faith with respect to the use of the Safari Deal Platform and in the making and submission of Platform Enquiries, Other Enquiries and referrals which lead to Commissions;
          8. ensure that Safari Deal Customers are made aware of and deemed to be bound by any terms of use relating to the Safari Deal website;
          9. ensure that Safari Deal Customers are fully aware that
            • at the point of making a Platform Enquiry or Other Enquiry they are not dealing with, negotiating or contracting with Safari Deal and
            • Safari Deal is not an agent or representative of the Travel Partner nor is in a legal partnership or joint venture with the Travel Partner
            • if their enquiry converts it into a successful sale or transaction for a product or service the Safari Deal Customer is contracting only with the Travel Partner and has no recourse, complaint, claim or concern with Safari Deal; and,
          10. ensure any Safari Deal employees, agents, consultants, advisers, or subcontractors acting on its behalf have the skills and experience required to properly perform the tasks assigned to them for the proper functioning of the Safari Deal Platform.
        2. The Travel Partner shall:
          1. maintain their own business page listing with relevant and accurate content;
          2. adhere to any content requirements or formats prescribed by Safari Deal;
          3. follow any image sizing and resolution requirements (such that blurred or defective images supplied may be rejected by Safari Deal in its discretion);
          4. accept that as owners of the Safari Deal Platform, Safari Deal shall have the final say on all content-decisions and shall retain editorial control of all content displayed or published (and accordingly may amend content or materials supplied by the Travel Partner to Safari Deal);
          5. act in good faith at all times with respect to their own business page listing and shall not try to manipulate, interfere or game the workings of the Safari Deal Platform and shall not seek to re-prioritise any search functionality or the outputs of searches (for example the practice of keyword loading or stuffing);
          6. incorporate or refer to only those affiliations, memberships or networks that the Travel Partner actually (and currently) belongs to;
          7. hereby represent and warrant that it has the full permission or authority of any third-Party affiliation, membership organisation or network (e.g. ABTA) prior to using same on the Safari Deal Platform;
          8. hereby represent and warrant that it owns or otherwise has the full, unencumbered right, entitlement and/or licence to use all Intellectual Property Rights associated with its business page listing and any related materials supplied to or displayed by Safari Deal (this extends to all brands, logos, video clips, titles, and personal images);
          9. ensure insofar as possible that the use of all content and all materials supplied to or displayed by Safari Deal does not and will not infringe the Intellectual Property Rights of any third Party anywhere in the world;
          10. fully indemnify and hold harmless Safari Deal for any liability incurred by Safari Deal to third parties for any use of the Travel Partner’s Marks (or other intellectual property rights) which infringe any third-Party intellectual property rights arising from their display or use by Safari Deal through the Safari Deal Platform or otherwise;
          11. on the expiry or termination of this Agreement forthwith to cease and desist from using Safari Deal’s Marks or other Intellectual Property Rights for any purpose;
          12. maintain its account and records with Safari Deal by providing all information prescribed or requested by Safari Deal and updating this from time to time so that at all times it is accurate and up to date, including but not limited to:
            • name of account manager and other key contact points
            • email address (and twitter, instagram and linkedin handles and contacts)
            • mobile phone numbers
            • company registration document in the relevant jurisdiction
            • relevant certifications and accreditations where required
          13. maintain high levels of customer services for all persons who make a Platform Enquiry or otherwise contact the Travel Partner in whole or in part because of any information gained through the Safari Deal Platform. Specifically, the Travel Partner shall acknowledge all communications made within the same day (within 24 hours) and shall substantively reply to that communication within [3] days from receipt;
          14. continuously self-check the status and activity-log for a particular Platform Enquiry (on no less than a daily basis) and shall update their bespoke Safari Deal dashboard with any changes to the status of that enquiry (so that it is at all times accurate upon inspection by Safari Deal); and,
          15. not do anything or permit anything to be done by or on behalf of the Travel Partner which would bring the name, standing, reputation, the Services, Safari Deal or the Safari Deal Platform into disrepute.
        3. Nothing in this Agreement is intended to, or shall be deemed to, commit Safari Deal to making a guaranteed number or frequency of Platform Enquiries nor does it establish any legal partnership or joint venture between the Parties, or constitute part of the service of either Party provided (or to be provided) to a third Party, or give authority for either Party to act as an agent for or bind the other Party in any way.
        4. Neither Party shall make, negotiate or enter into any contracts or commitments or incur any liability for or on behalf of the other.
      1. SUBSCRIPTION FEES, REFERRALS & COMMISSIONS
        1. The Travel Partner shall pay all Subscription Fees promptly when these are invoiced by Safari Deal. Safari Deal reserves the right to increase (but not decrease) Subscription Fees in line with inflation measurable by reference to the Consumer Price Index applicable in the UK (where Safari Deal is domiciled).
        2. Subject to any exceptions set out in this Agreement, the Travel Partner shall pay Safari Deal a Referral Fee or Commission for each of the following forms of introduction and referral as the case may be, based on the following pre-agreed formulae:
          (i) Platform Enquiry 1: Referral Fee for itinerary enquiry = 0.8% x number of persons referenced in the enquiry x value of itinerary
          (ii) Platform Enquiry 2: Referral Fee for travel partner enquiry= 0.8% x number of persons referenced in the enquiry x per travelling person, per budget
          (iii) Other Enquiry: Referral Fee for enquiries made by phone or email outside the Platform Enquiry facility = 0.8% x number of persons referenced in the enquiry x value of the itinerary or travel partner booking
          (iv) Commission: for straight referrals leading to sales, benefits in kind or other business enjoyed by the Travel Partner = predetermined commission rate as a percentage % of the value of the sales, benefits in kind or other business enjoyed by the Travel Partner on a case by case basis (once sold or once accrued to the benefit of the Travel Partner)
        3. All Subscription Fees, Referral Fees and Commission payments due are calculated and reconciled by Safari Deal on a monthly basis and invoices shall be issued accordingly.
        4. Subscription Fees, Referral Fees, and Commissions shall be paid promptly upon presentation of the relevant invoice (and in all cases within [30] day payment terms) via online bank transfer unless otherwise agreed in writing between the Parties.
        5. The Travel Partner agrees to maintain a minimum level of credit or balance of funds in their account with Safari Deal which shall not fall below the sum of $50 (USD) (or its equivalent in GBP) at any given time (“Minimum SD Credit”). This is only applicable to Travel Partners who have a special subscription with SafariDeal.
        6. If for any reason the level of credit or balance of funds shall at any point fall below the Minimum SD Credit the system will prompt the Travel Partner to top up using specific pre-set amounts in the following denominations: $50, $150, $250 or $500. The Travel Partner must achieve the Minimum SD Credit within ten (10) business days of being notified by the system to top up.
        7. Commissions shall not become due and payable by the Travel Partner until the Travel Partner receives the underlying consideration (in cleared funds) for any business transacted between the Safari Deal Customer and the Travel Partner.
        8. Safari Deal shall not be entitled to receive a Commission where the basis or accuracy for the Commission is challenged in good faith (with cogent evidence for any assertions) by the Travel Partner.
        9. Unless otherwise agreed the currency of Referral Fees, Commissions and Subscription Fees shall be [USD or GBP] and calculated on the basis of the rate of exchange applying on the date of the invoice raised.
        10. Safari Deal agrees to repay to the Travel Partner any Referral Fee it has received in error or in respect of a Platform Enquiry or Other Enquiry where the submission of the particular enquiry proves to be defective, illegitimate or otherwise incorrect (where the Safari Deal Customer has inserted the wrong number of travellers into the form, or where the Travel Partner inadvertently pays Safari Deal twice for the same Platform Enquiry).
        11. Safari Deal shall account for and pay to the appropriate authorities any taxation on sums payable or paid to it pursuant to this Agreement and hereby agrees to indemnify the Travel Partner for and against any liability to pay or to account for any such taxation.
        12. The Travel Partner shall not be responsible for any expenses incurred by Safari Deal unless such expenses have been agreed in writing between the Parties in advance.
        13. If the Travel Partner fails to make any payment due to Safari Deal under this Agreement by the due date for payment, then the Travel Partner shall pay interest on the overdue amount at the rate of 6% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Travel Partner shall pay the interest together with the overdue amount.
        14. The Travel Partner shall keep separate accounts and records giving correct and adequate details of all Platform Enquiries, Other Enquiries and referrals leading to Commissions received by the Travel Partner. The Travel Partner shall permit the duly appointed representatives of Safari Deal to inspect all such accounts and records and to take copies of them.
      1. LICENSING, REGISTRATION AND COMPLIANCE
        1. The Parties shall at all times (at its own expense unless expressly agreed otherwise) ensure that:
        2. Each complies in all material respects with any Laws which apply to it and does so in such a way as facilitates compliance by the other Party with those Laws as they apply to the other Party;
        3. Each shall take all appropriate advice, and, where required, is fully licensed, authorised and/or registered in accordance with all Laws applicable to any activities it undertakes and will not at any time act outside the terms of any of its licenses, permits or consents;
        4. That all acquisition, processing and disclosure of personal data by each Party is done in compliance with the requirements of the Data Protection Law applicable in the relevant jurisdictions; and
        5. Each shall comply with the Bribery Act 2010 and any other equivalent or applicable Laws relating to the prevention of bribery, including ensuring that it has in place adequate procedures to prevent bribery.
        6. The Travel Partner shall promptly notify Safari Deal and shall keep Safari Deal informed of any material change to the way it operates its business, which shall extend to any change of control, or change to any authorisation or accreditation held by the Travel Partner or any breach or likely breach of this Agreement and/or any intended investigation or action by a government or regulator or court of which the Travel Partner is or becomes aware.
      1. COMPLAINTS
        1. If either Party becomes aware of a Complaint, it shall inform the other Party as soon as possible and in any event within 3 Business Days. The Parties shall provide each other with any reasonable assistance and information required to assist with the resolution of any Complaint.
        2. If a Complaint has been made, or in Safari Deal’s reasonable opinion is likely to be made, which if upheld could result in financial loss or reputational loss to Safari Deal or to a Safari Deal Customer, Safari Deal may:
          1. by giving written notice to the Travel Partner withhold payment of any sums due or withhold the value of any balance held in the Travel Partner’s account with Safari Deal up to the amount of any reasonably estimated losses stemming from the Complaint (where held) until the Complaint is resolved, abandoned or settled; and,
          2. by giving written notice to the Travel Partner take custody of the matter and conduct all negotiations and proceedings with a view to resolution, settlement of the Complaint.
      1. ADVERTISING & IP
        1. Where either Party produces, changes, sends, publicly displays or otherwise deals with any Relevant Advertising, the content, specification, format, layout, method of distribution and all other matters relating to the Relevant Advertising must be agreed in writing before being produced, changed, sent, publicly displayed or otherwise dealt with.
        2. Either Party shall immediately, and in any case within 3 Business Days upon receipt of a written notice from the other Party, remove from public display or alter any Relevant Advertising which, in Safari Deal’s reasonable opinion, is or has become in any way misleading or contrary to any applicable Law or the Agreed Purposes or which is likely to damage either Party’s reputation.
        3. The Parties agree that in respect of this Agreement all rights relating to Safari Deal’s Marks, other Intellectual Property Rights (with respect to the Safari Deal Platform and any code, software or special features), including any goodwill associated with the Marks, shall be the sole and exclusive property of Safari Deal, and at no point shall the Travel Partner acquire any rights in the Marks, nor in any developments, evolutions or variations of them.
        4. The Parties agree that in respect of all rights relating to the Travel Partner’s Marks, including any goodwill associated with the Marks, shall be the sole and exclusive property of the Travel Partner and Safari Deal shall not acquire any rights in the Marks, nor in any developments or variations of them.
        5. In pursuance of the Agreed Purposes and specifically in order to produce, send or publicly display any Travel Partner Marks or related Intellectual Property Rights, the Travel Partner grants a non-exclusive, non-transferrable, royalty free, licence to Safari Deal to use the Travel Partner’s Marks and any other relevant Intellectual Property Rights for the attainment of the Agreed Purposes, the discharge of this Agreement and the ongoing needs of the Safari Deal Platform.
      1. CONFIDENTIALITY
        1. Subject to any agreed Relevant Advertising pursuant to clause 9 the Parties shall keep confidential and shall not use or disclose or attempt to use or disclose directly or indirectly, to any third Party the commercial contents of this Agreement or any Confidential Information which comes to their knowledge before or during the continuance of this Agreement, without the prior specific written consent of the Party providing such information.
        2. Each Party may disclose the other Party’s Confidential Information:
          1. to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the Party’s obligations under this Agreement, provided it procures that the individuals to whom it discloses comply with this clause 10; and
          2. as may be required by any Law, court of competent jurisdiction or governmental or regulatory authority.
        3. The restrictions set out herein in respect of confidentiality shall apply both during the term of this Agreement and for 6 years after the termination or expiry of this Agreement but shall cease to apply to information or knowledge which has in its entirety become public knowledge otherwise than through any unauthorised disclosure or other breach by either Party.
      1. NON-CIRCUMVENTION
        1. General – The Parties respectively and irrevocably agree that they shall not, directly or indirectly interfere with, circumvent or attempt to circumvent, avoid, by-pass, or obviate each other’s economic interest, moral rights and entitlements with respect to Safari Deal Customers.
        2. The Travel Partner hereby agrees not to bypass (or seek to bypass or passively permit a Safari Deal Customer to bypass) the interests of Safari Deal when receiving, progressing or pursuing an enquiry in respect of a safari or itinerary or related product or service as the case may be when that Travel Partner knows or should know that an enquiry has originated from the introduction or recommendation of Safari Deal.
        3. Specific Covenant – During the term of this Agreement (and for 12 months after termination for whatever reason), the Travel Partner shall not (i) transact business with, or (ii) introduce another service provider to, any Safari Deal Customer with the purpose or result of circumventing, preventing or denying a Referral Fee or Commission to Safari Deal (either for the Travel Partner’s own services or for those of another service provider whom Safari Deal could have referred to the Safari Deal Customer).
      1. TERMINATION
        1. Without affecting any other right or remedy available to it, either Party may terminate this Agreement “for cause” with immediate effect by giving written notice to the other Party if:
          1. the other Party commits a Material Breach of any term of this Agreement which is irremediable or (if remediable) which the Party fails to remedy within 10 Business Days after being notified in writing to do so;
          2. the other Party undergoes a change of Control which in Safari Deal’s reasonable opinion is likely to have a material adverse effect on the performance of this Agreement or on the standing or reputation of either Party;
          3. the other Party breaches any Law which triggers any right to enforcement action by any regulator, enforcement agency, supervisory authority, government department or non-departmental public body;
          4. there is a publication by any bona fide media outlet concerning the other Party which, in the reasonable opinion of the first Party, may materially adversely affect the reputation and/or business of either Party or of a Customer; or
          5. the other Party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or becomes insolvent or enters into or proposes any composition or arrangement with its creditors generally or any analogous event occurs; or
          6. the other Party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
        2. In the event of termination of this Agreement for any reason:
          1. within 5 Business Days of such termination each Party shall return (or, at the other Party’s option, destroy) all Confidential Information under its control with all photocopies;
          2. immediately, and in every case within 5 Business Days, all Relevant Advertising shall be removed from where it is known to be on display; and,
          3. all Referral Fees, Commissions and Subscription Fees owed up to the date of termination shall be invoiced and paid by the Travel Partner without excuse or delay unless any Referral Fees or Commissions became due or payable within 12 months after termination of this Agreement (in which case the relevant Referral Fee or Commission shall be payable at that time notwithstanding termination of the Agreement).
        3. Termination of this Agreement shall not affect any accrued rights (for example to enforce or claim damages in line with normal limitation periods), remedies (for breach of the Agreement), obligations or liabilities of either Party at the date of such termination.
      1. DATA PROTECTION1
        1. Shared Personal Data. The provisions which follow set out the framework for the sharing of personal data between the parties as joint data controllers who collaborate for the purposes of the Safari Deal Platform. There will be some occasions where Safari Deal acts as data processor for a Travel Partner in the specific context of displaying the business listings page for that Travel Partner which the Travel Partner maintains and keeps up to date at all times. Each Party acknowledges that Safari Deal (the Data Discloser) will regularly disclose to the Travel Partner (the Data Recipient) Shared Personal Data collected by the Data Discloser through the Safari Deal Platform (in the form of Platform Enquiries or other Enquiries or referrals leading to Commissions) for the Agreed Purposes. Each Party shall:
          1. ensure that it has all necessary consents and privacy notices in place to enable lawful transfer of the Shared Personal Data to the Data Recipient for the Agreed Purposes;
          2. give full information to any data subject whose personal data may be processed under this Agreement of the nature such processing;
          3. process the Shared Personal Data only for the Agreed Purposes;
          4. not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
          5. ensure that all Permitted Recipients are subject to confidentiality obligations;
          6. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
          7. not transfer any personal data received from the Data Discloser outside the EEA unless the transferor.
          8. complies with the provisions of Article 26 of the GDPR (in the event the transferee is a joint controller); and
          9. ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
        2. Compliance. Each Party shall comply with the Data Protection Law and agrees that any Material Breach of the Data Protection Law shall, if not remedied within 30 days of written notice from the other Party, give grounds to the other Party to terminate this Agreement with immediate effect.
        3. Mutual assistance. Each Party shall assist the other in complying with all applicable requirements of the Data Protection Law. In particular, each Party shall:
          1. keep the other Party up to date about any change in lawful basis or any updates in relation to data protection law in its primary jurisdiction which may impact the Shared Personal Data;
          2. promptly inform the other Party about the receipt of any data subject access request;
          3. provide the other Party with reasonable assistance in complying with any data subject access request;
          4. not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other Party wherever relevant to do so;
          5. assist the other Party, at the cost of the other Party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;
          6. notify the other Party without undue delay on becoming aware of any breach of the Data Protection Law;
          7. at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this Agreement unless required by law to store the personal data;
          8. use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
          9. maintain complete and accurate records and information to demonstrate its compliance with this clause; and
          10. provide the other Party with contact details of an employee as point of contact and responsible manager for all issues arising out of the Data Protection Law.
        4. Indemnity. Each Party shall indemnify the other against all claims and proceedings and all liability, loss, costs and expenses incurred by the other as a result of any claim made or brought by a data subject or other legal person in respect of any loss, damage or distress caused to them as a result of any breach by the other Party of the Data Protection Law by that Party, its employees or agents, up to a limit of £1,000,000 in all circumstances, provided that the indemnified Party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
      1. LIMITATION OF LIABILITY
        1. Nothing in this Agreement shall limit or exclude the liability of either Party:
          1. for death or personal injury resulting from its negligence or that of its employees, agents or subcontractors;
          2. for fraud or fraudulent misrepresentation;
          3. under any express indemnity contained in this Agreement (such as in clause 5.2 and 13.4); or
          4. for any other liability which may not lawfully be excluded or limited.
        2. Save for clause 14.1, either Party’s total liability arising under or in connection with this Agreement or its subject matter, whether arising in contract, tort (including negligence) restitution, misrepresentation, or otherwise shall be limited, in aggregate, to £100,000.
        3. Subject to clause 14.1 above:
          Neither Party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

          1. any loss of profit, sales, revenue, or business;
          2. loss of anticipated savings;
          3. loss of or damage to goodwill;
          4. loss of agreements or contracts;
          5. loss of use or corruption of software, data or information;
          6. any loss arising out of the lawful termination of this Agreement or any decision not to renew its term, or
          7. any loss that is an indirect or secondary consequence of any act or omission of the Party in question.
        4. Unless a Party notifies the other Party that it intends to make a claim in respect of an event within the notice period, the other Party shall have no liability for that event. The notice period for an event shall start on the day on which the Party wishing to make a claim became, or ought reasonably to have become, aware of the event having occurred and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
        5. Safari Deal shall in no way be liable to the Travel Partner or to any Safari Deal Customer or any other client or contact arising from any information present or missing from the Safari Deal Platform relating to a product or service.
        6. For any travel or itinerary product or service offered for promotion or sale by a Travel Partner (whether or not through the Safari Deal Platform) the Travel Partner hereby accepts now and in future:
          1. such product or service is owned and delivered by the Travel Partner and is in no way the responsibility of Safari Deal
          2. all prices shown or compiled on the Safari Deal Platform are indicative only, they usually refer to a price range “from” a certain price upwards, they may be set on parameters configured for two persons sharing, and may vary or not be available for purchase at the point of booking from the indicative price shown and the availability assumed at the point of making a Platform Enquiry or Other Enquiry; and,
          3. the Travel Partner in all cases reserves the right to change the content and price of the product or service from that indicated on the Safari Deal Platform and holds Safari Deal harmless and exempt from all claims, responsibilities and blame in the event of a dispute, claim or other action commenced by any Safari Deal Customer.
      1. OTHER
        1. On termination of this Agreement, the following clauses shall continue in force: clause 1, 3, 5, 6, 9, 10, 11, 12, 13 and 14. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination of this Agreement and shall not affect the rights of Safari Deal with respect to monies owed by a Travel Partner for Platform Enquiries, Other Enquiries and Commissions made during the term of this Agreement but which do not crystallise until the period up to 12 months after termination.
        2. Subject to any terms of use and privacy policy created by Safari Deal which shall be incorporated by reference into this Agreement, this Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between them relating to its subject matter, whether written or oral.
        3. No variation of this Agreement shall be effective unless it is agreed in writing between the Parties clearly citing this clause. For the avoidance of doubt Safari Deals intends to introduce a new payment system into its business and will offer e-commerce opportunities and trade show opportunities in future which the Travel Partner hereby acknowledges and accepts. These may or may not require a variation to this Agreement or the execution of an extension to this Agreement which the Parties agree in good faith to complete.
        4. No one other than a Party to this Agreement (and its successors and assigns) shall have any right to enforce any of its terms. For the avoidance of doubt Safari Deal Customers have no rights nor recourse under this Agreement and must as a first port of call take issue with the Travel Partner in question, with whom it entered into advance discussions, negotiations and contractual arrangements as the case may be.
        5. The Travel Partner shall not, without the prior written consent of Safari Deal assign, transfer, charge, sub-contract, novate or deal in any other manner with all or any of its rights or obligations under this Agreement.
        6. Safari Deal may at any time undergo corporate activity such as a change of Control and may assign, transfer, charge, sub-contract, novate or deal in any other manner with all or any of its rights or obligations under this Agreement.
        7. Save for any right of termination exercisable by either Party under clause 12, the parties hereby agree that this Agreement shall survive and continue upon a change of control or any form of business sale of either Party and that no change of name of either Party shall prevent the full force and all terms of this Agreement from continuing to apply.
        8. No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by Law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the future exercise of that or any other right or remedy.
        9. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
        10. Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control (a “Force Majeure Event”). Safari Deal shall have no liability to the Travel Partner under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving Safari Deal, its service providers or any other party), failure of an account servicing payment service provider such as a bank or a pension fund, or account information service provider or a payment service provider, utility service or transport or telecommunications network (or any other provider of a service which experiences an outage beyond Safari Deal’s control), act of God, outbreak of disease or epidemic or pandemic and the economic impacts from these, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors or the maverick or rogue acts of an employee, agent or contractor.
        11. In such circumstances the affected Party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for two months, the Party not affected may terminate this agreement by giving one month’s written notice to the affected Party and both Parties shall ensure all Subscription Fees, Referral Fees and Commissions are fully settled and paid up to the point of termination (subject to clause 12.2.3).
        12. This Agreement shall be governed by and construed in accordance with English law and each Party submits to the exclusive jurisdiction of the English Courts.
      1. BREXIT
        1. The occurrence of Brexit (and the transitional arrangements applicable to the UK) shall not affect in any way the term, rights, entitlements and obligations set out in this Agreement. Neither Brexit nor the consequences of Brexit shall be regarded as a Force Majeure Event which may otherwise frustrate this Agreement or impact the ability of either Party to discharge its obligations and to enjoy and enforce its rights under this Agreement.
        2. The Parties further assure each other that if required, each shall (i) do or procure all such other acts and things and execute all such documents as may be necessary to give effect to the continuity and applicability of this Agreement to the fullest extent possible (ii) use all reasonable endeavours to ensure that the terms of this Agreement to be performed by them as substantially as possible notwithstanding any impacts or impediments brought about by jurisdictional issues or changes in Law.

      CONTRACT EXECUTION

      SIGNED by TRAVEL PARTNER
      acting by its authorised signatories
      ……………………………………………………….
      SIGNED Authorised signatory/ Director……………………………………………………….
      PRINTED Name

       

      ……………………………………………………….
      2nd Authorised signatory/ Witness

       

      ……………………………………………………….
      Name & Occupation & Address:

      SIGNED by SAFARI DEAL LIMITED acting by two directors Sign1

      …………………………………………………….
      Robin Cormack, Director

      4 Deepdene Vale, Dorking, RH41NL, UK
      ……………………………………………………….

      Sign2

      ……………………………………………………….
      2nd Authorised Signatory or Witness

      ……………………………………………………….
      Clare Cormack – Director
      4 Deepdene Vale, Dorking, RH41NL, UK