PART D: RISKS, INSURANCE AND LIABILITY
D1. Indemnity and Limitation of Liability
1.1. General
Except for this express indemnity, and subject always to applicable law, none of the parties involved in your booking shall be liable to you for any loss, damage, cost, or liability arising from or in connection with this contract or the services contemplated by it.
Nothing in this contract excludes or limits any liability where such exclusion or limitation would be unlawful. This includes liability for death or personal injury, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
1.2. Yellow Zebra Travel Limited
Yellow Zebra provides introductory and advisory services only. It does not operate, perform, control, or supervise any Travel Services and does not process payments.
To the greatest extent permitted by applicable law, Yellow Zebra shall not be liable for any loss, damage, delay, injury, illness, death, or expense arising from or connected with the performance, non-performance, quality, safety, or delivery of any Travel Services, whether provided by Wilderness Travel or any third-party supplier.
1.3. Wilderness Concierge SEZC
Wilderness Concierge is responsible only for reservation, confirmation, and concierge administration services.
To the greatest extent permitted by applicable law, Wilderness Concierge shall not be liable for the performance, non-performance, safety, quality, or delivery of any Travel Services, which remain the responsibility of the relevant supplier.
1.4. Wilderness Travel SEZC
Wilderness Travel and other suppliers are responsible only for the Travel Services they operate or provide.
Wilderness Travel will be liable to you only for direct losses you suffer where those losses are suffered as a direct and substantial consequence of Wilderness Travel’s gross negligence or wilful misconduct in rendering the Travel Services that it operates. Except as expressly fully stated otherwise and permitted by law, Wilderness Travel will not be liable to you for any loss, damage, cost, or liability arising from or in connection with any Travel Services that is rendered by a third-party supplier.
Wilderness Travel will not be liable for any amounts that you have agreed, settled, or compromised with a third party without Wilderness Travel’s prior written consent, or for any amounts you are otherwise contractually obliged to pay to another person or entity.
Each supplier’s liability to you is governed by its own terms and conditions and applicable law.
1.5. Itrvl LLC
Itrvl provides payment processing services only.
Except in cases of itrvl’s gross negligence or wilful misconduct, itrvl shall not be liable for any loss, damage, or liability arising from or connected with the performance or non-performance of Travel Services, supplier acts or omissions, or the acts or omissions of any agent or third party.
1.6. Excluded Liabilities
Subject to the statutory carve-out above, none of the parties shall be liable to you for punitive damages, indirect damages, consequential damages, loss of profits, loss of enjoyment, third-party claims, or liabilities imposed on you by any law or statute, to the greatest extent permitted by applicable law.
None of the parties shall be liable for any losses or amounts that you have agreed, settled, or compromised without prior written consent, or for amounts you are otherwise contractually bound to pay to another person or entity.
1.7. Errors, omissions and technology exclusions
To the greatest extent permitted by applicable law, none of the parties guarantees the absence of errors, omissions, or data corruption of any content or electronic files, promotional material, travel information, publications, or documentation.
None of the parties shall be liable for loss or damage caused by defects in products or services, losses arising from system downtime, third-party API failures, errors in automated systems including AI-generated recommendation or by the acts or omissions of third parties.
None of the parties shall be liable for loss or damage caused by computer viruses, denial-of-service attacks, or other technologically harmful material arising from use of itrvl or from downloading content from linked websites.
1.8. Aggregate Liability
Subject always to applicable law and the provisions above, the total aggregate liability to you arising under or in connection with this contract, in relation to any booking, shall be limited to the amounts actually paid by you and received by itrvl in respect of that booking.
D2. Awareness of Hazards, Risks and Dangers
Please understand that the areas and infrastructure in the locations you are visiting will not be the same as your country of residence. You acknowledge, are aware of and appreciate:
i. the real hazards and risks associated with wildlife areas, game and nature reserves, and game lodges, which may be situated in unfenced wildlife areas;
ii. the hazards and risks associated with rivers, streams, lakes, coastal areas, and other bodies of water that may be affected by unpredictable weather, tides, currents, or seasonal conditions, and which may not have warning systems, barriers, or controls commonly found in developed jurisdictions;
iii. the real dangers and risks associated with travel in remote or rural locations, including poorly maintained roads, limited transport infrastructure, and extended travel distances from emergency assistance;
iv. the risk of bodily harm, injury, illness, death, damage, or loss of property arising from encounters with wild, dangerous, or unpredictable animals, exposure to insects or parasites, the prevalence of communicable, tropical, or endemic diseases, and other health-related hazards;
v. the risks associated with travel in undeveloped or partially developed countries or regions, including political or civil instability, crime (including but not limited to theft, pickpocketing, fraudulent scams and other crimes specifically targeting tourists), acts of terrorism, limited availability of medical facilities, emergency response services, health and safety regulation, reliable electricity, clean water, and communications infrastructure; and
vi. You acknowledge that you travel voluntarily, participate in activities, and make use of services and facilities entirely at your own risk, having considered the conditions and risks described above.
You and your booking party waive any and all claims of whatsoever cause or nature, howsoever arising, which you might have or which might arise against us, including any form of negligence. We shall not be liable to you or any member of your booking party for any harm of any nature or cause whatsoever. You agree to indemnify, defend and hold us harmless from any and all claims (of any nature or cause whatsoever) made by you or your booking party where such persons or entities incur any liability or suffer any harm in connection with the tours or services arranged or provided by or on behalf of us, irrespective of the cause thereof (including any form of negligence). Should we for any reason whatsoever, not be protected by any of the provisions of, or protections contained in, this contract and be found to be liable to you or your booking party for any harm suffered, then our total liability shall be limited to the actual proven and direct loss only, such loss however, shall be limited to and shall not exceed the amounts actually paid by you and received by us for the booking. Under no circumstances will we be liable to you or your booking party for consequential, punitive, special or exemplary damages, or any indirect losses or loss of profits.
You agree that if you are injured or become ill during your travel, we may, at your cost, attempt to arrange medical treatment, evacuation or any other emergency services on your behalf as we deem essential for your safety and well-being but we accept no responsibility for the quality or adequacy of any such treatment, evacuation or services. Costs incurred for emergency medical treatment and evacuation are typically covered under travel insurance policies, which are a requirement of booking.
All bookings confirmed are subject to the terms and conditions specified by suppliers and these conditions are binding between you and the supplier; provided that in the event of any conflict, ambiguity or inconsistency between this contract and the terms and conditions specified by suppliers, the provisions of this contract shall prevail. On written request we will provide you with a copy of the supplier’s terms and conditions.
D3. Insurance
Comprehensive and adequate travel, cancellation, curtailment and health/medical insurance is a condition of travel and all insurance arrangements and fees are your sole responsibility. You agree to arrange your own insurance with a reputable insurer, with protection for the full duration of the booking. We reserve the right to cancel your travel at any time should such a policy not be taken out by you.