Jao Reserve in Botswana’s Okavango Delta has shifted its marketing and reservations functions from Wilderness to its independent sales and marketing entity, the Jao Collection, despite an ongoing legal dispute about the termination of Wilderness’ 27-year partnership with the reserve.
The dispute, currently before Botswana’s courts, centres on which party has the lawful right to market and manage bookings for Jao’s six lodges from January 1 onwards. Wilderness launched legal proceedings late last year after Ngamiland Adventure Safaris (NAS) – Jao Reserve’s holding company – announced that all marketing and reservations functions would move in-house to the Jao Collection.
Wilderness CEO Keith Vincent described the move as an attempted “unilateral termination” of a 27-year contract. Camps in the concession – including Jao, Kwetsani, Tubu Tree, Little Tubu, Jacana and Pelo – have been removed from the Wilderness website and booking platform.
Jao Reserve MD Martin Kays confirmed the transition to the Jao Collection has been implemented.
“As previously assured, all existing and confirmed bookings are being honoured. Should any guests or trade partners wish to reconfirm bookings or seek clarity, they are very welcome to contact our reservations team directly and we will gladly assist,” said Kays.
He was responding to a trade notice issued by Vincent on January 16 in which Vincent cautioned that, until the courts have ruled, no party could state with certainty that it has the authority to confirm bookings or guarantee bed nights.
He said, under the original agreements, Wilderness was granted exclusive rights to market the camps funded and built by NAS and manage booking sheets for as long as Wilderness maintained its minority shareholding in NAS.
“After many months of attempts by Wilderness to resolve the matter reasonably, including proposals for structured arbitration, court proceedings became unavoidable,” said Vincent.
On December 12, the High Court of Botswana ruled that Wilderness’ interdict application would be determined in due course and did not consider the merits of either the application or the broader dispute. Kays and Vincent, just prior to the ruling, released a joint statement asserting that marketing and reservations functions will remain with Wilderness pending the outcome of the court case.
In his latest statement, Vincent said Wilderness could not support what it views as NAS’s decision to assert control over the booking sheets before the matter has been resolved by the courts.
“Unfortunately, NAS’s conduct now adversely affects all of our travel partners and guests by sowing uncertainty and discomfort,” said Vincent, stating that protracted legal proceedings are likely.
“There is also a real possibility of interim court outcomes that could alter control of the booking sheets before final resolution. This further complicates the position for any party attempting to transact during this period.”
Vincent also claimed that NAS additionally contravened agreements for Wilderness to remain in control of booking sheets until at least December 31. The Wilderness partnership consistently delivered strong returns for guests and the Jao Reserve, he added.
“Over time, the combined success has directly supported reinvestment in infrastructure, enhanced guest experiences and furthered long-term conservation initiatives. The unilateral removal of Wilderness as the exclusive booking channel for the Jao Reserve removes the financial strength, delivery assurance and integrated guest support that accompany bookings made through our extensive operations.”
Kays said he is “disappointed” to read Vincent’s statement.
“The matters raised form part of an ongoing legal process and sit squarely before the courts. In the meantime, NAS continues to operate normally. Our focus remains firmly on our guests, our teams on the ground and delivering the safari experience we are known for.”
