A legal dispute has arisen between Wilderness and the lease holders of the Jao Reserve in Botswana’s Okavango Delta over what Wilderness describes as an attempted “unilateral termination” of its 27-year-long sales and marketing agreement.
The Wilderness-branded Jao, Kwetsani, Tubu Tree, Little Tubu, Jacana and Pelo camps, located in the 60 000 hectare Jao Concession (NG25), are operated under a long-term lease with the Kays family-owned Ngamiland Adventure Safaris.
Ngamiland’s directors – Martin, David and Catherine Kays – issued a trade notice on October 15, stating that all marketing and reservations will be transferred from Wilderness to The Jao Collection from December 1.
The Kays family stated that all bookings made through Wilderness on or before November 30, including future travel dates, will be fully honoured and unaffected by the transition.
“There will be no disruption to any confirmed itineraries or guest services and new trade agreements will be introduced with The Jao Collection in due course. We take this opportunity to express our sincere appreciation to Wilderness for their partnership and support in representing the Jao Reserve over the years.”
In a responding notice to trade partners issued on the same day, Wilderness CEO Keith Vincent said there is no mutual agreement regarding the termination.
“Wilderness does not accept or recognise the alleged unilateral termination by the Jao Reserve of a contract that has been steadfastly applied for 27 years and which contains no such termination provisions,” said Vincent, pointing out that Wilderness had already applied for an injunction to halt the termination prior to Jao Reserve’s announcement.
“Notwithstanding having received formal notice of the litigation and injunction applications, Jao Reserve has unilaterally taken this action with haste, sowing confusion for agents and operators.”
He said, pending the outcome of the legal process, “neither Wilderness nor the Jao Reserve” could provide trade partners with any certainty regarding booking confirmations made from December 1.
Vincent assured trade partners that Wilderness is working to ensure minimal disruptions.
“We value your trust deeply and remain committed to working with you to ensure that every guest travelling under your and our care continues to experience the quality, reliability and integrity that define the Wilderness Group. We continue to believe these properties are exceptional and look forward to returning to normality as soon as possible.”
In a subsequent media statement, Wilderness Botswana further stated it is “saddened and disappointed” by the Kays family’s announcement.
“Wilderness Botswana’s position is that we have no intention of exiting the partnership after all the effort and investments we have placed in developing the product. We will seek protection of our rights from the courts and are confident that we will be successful in our defence of our rights.”
The statement reads: “While this matter is being addressed, we want to assure all who have booked with us that Wilderness will honour all the bookings at the Jao Reserve or offer a commensurate alternative within our stable of brands. We had hoped that this matter would be addressed in a manner that does not create any anxiety for customers. However, as this is now out of our control, the best way forward is for Wilderness to be proactive and transparent about where we are in the process as we move forward.”
