Terms and Conditions for Tourists and Vendors
Last Updated: 15/Sep/2021
Introduction and description of products or services.
(These terms are interchangable in singular and plural: Safaris and Tours, Operators and Vendors, Travelers and Tourists)
Africa Safaris Company and its subsidiaries (collectively, "Africa Safaris Co") providing one or more online platforms (the “Platforms”) with technology for Tourists, Vendors of tourism products and services that meet on our online platforms, write reviews, search, compare and book travel Tours / Safaris, safaris, expeditions and other types of activities ("Tours / Safaris and Safaris"). Tours / Safaris are booked directly from the respective independent tour Vendor offering the Tour (each an “Vendor”). The “Tourists” are Tourists interested in booking a Tour. The “Members” are persons who completed Africa Safaris Co's account registration process. Tourists and Members are jointly referred to as “you”.
The “Services” comprise the availability of listings for Tours / Safaris which may be accessed by you through the Platforms and which listings are independently created by Vendors in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.Africa Safaris Co.com, including its subpages (collectively, the "Site") and any related applications (the "Application").
Africa Safaris Co is solely acting as a commercial agent for the Vendors. Africa Safaris Co is not an Vendor of Tours / Safaris, nor is it a provider of Tours / Safaris, nor a proxy of any Vendor, nor an insurer. Africa Safaris Co does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Tourists. Africa Safaris Co's responsibilities are limited to exclusively facilitating the availability of the Services and serving as the commercial agent of each Vendor.
Africa Safaris Co has no control over the conduct of Vendors, Tourists, MEMBERS and other users of the Services. Africa Safaris Co CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY Tours / Safaris. Africa Safaris Co IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND Tours / Safaris. BOOKINGS WITH THE Vendors ARE MADE AT THE Tourist'S OWN RISK.
These terms and conditions ("Terms"), as amended from time to time, apply to all Africa Safaris Co Services and govern the rights and obligations arising out of the Tourist’s use of the Platform.
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you represent and warrant to Africa Safaris Co that you are 18 years or older.
Bookings and Payments
Bookings by Tourists with Vendors. The respective Vendor only, and not Africa Safaris Co, is solely responsible to the respective Tourist for honouring any confirmed bookings and making available any Tours / Safaris reserved through the Services. The Vendor, and not Africa Safaris Co, is also responsible to provide all information legally required to the Tourist. If you, as a Tourist, choose to enter into a transaction with an Vendor for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Vendor only and you agree to accept any terms, conditions, rules and restrictions associated with such Tour requested by the Vendor. You acknowledge and agree that the obligation to provide you with all necessary information is the responsibility of the Vendor only. You acknowledge and agree that Africa Safaris Co is not a party to the agreement but only acts as the commercial agent to the Vendor to the extent of making the Platforms and Services available to you and Africa Safaris Co accepts no liability arising from or related to any of your agreements with the Vendor unless Africa Safaris Co is legally bound under applicable law notwithstanding these Terms.
The Vendors are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by Africa Safaris Co in its sole discretion) or the requested booking will be automatically cancelled.
Once your confirmed booking transaction is complete (including payment) you will receive a confirmation email from Africa Safaris Co summarizing your confirmed booking.
Payments by Tourist
You agree to pay for the “Total Cost” (including the price of the tour and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Vendor. The availability and price of a Tour can change any time until you have received a booking confirmation.
In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Vendor’s terms according to the booking page. If you fail to pay the remaining cost as stipulated, your deposit will be forfeited without recourse.
Africa Safaris Co in its own discretion collects (through third-party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Vendor as commercial agent for such Vendor. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.
Tourist Cancellations and Refund
the applicable Vendor does not confirm the requested booking, or,
as a Tourist, you cancel your requested booking before the requested booking is confirmed by an Vendor,
any amounts collected by Africa Safaris Co or its third-party payment processor will be refunded to the Tourist within a commercially reasonable time, depending on the selections the Tourist made via the Site and Application, and any pre-authorization of such Tourist's credit/debit card will be released.
Once your booking is confirmed by the applicable Vendor, the Total Cost of your Tour is subject to the cancellation and payment terms of the Vendor. Please carefully read the terms and conditions of the Vendor as it pertains to the applicable Tour and important information in the Listing, the booking page and your reservation confirmation for policies as applied by the Vendor. A cancellation must be done via your booking conversation page, and, in accordance with the rules and procedures of the Vendor.
If you are advised that your booking is on an 'on request' basis (which is typically the case for Tours / Safaris booked shortly prior to departure), the Total Cost of your Tour is subject to the cancellation and payment terms of the Vendor from the moment when you have submitted the booking request. When a tour is 'on request' the Vendor needs several business days to ensure that all of the components of the tour package can be confirmed for you. This process may not be interrupted by a request to cancel. As a result, if the request comes back approved you will be charged for the full amount, and if, as a Tourist, you cancel such a booking, this does not entitle you to any refund. If the Vendor cannot confirm your request, you will receive a full refund.
Vendor Cancellations and Refunds If an Vendor cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Tourist within a commercially reasonable time of the cancellation by the Vendor and the Tourist may receive an email or other communication from Africa Safaris Co containing non-binding suggestions for alternative Listings and other related information. If an Vendor cancelled a confirmed booking and you, as a Tourist, have not received an email or other communication from Africa Safaris Co, please contact Africa Safaris Co at: ask[at]AfricaSafaris.co.
Africa Safaris Co Rewards Programs
Africa Safaris Co's Referral Program allows you as a Tourist to invite friends who currently do not have a Africa Safaris Co account and who have never booked with Africa Safaris Co before (‘Friends”). Friends will earn discounts and/or travel credits if they make a qualified booking: Friends will receive a discount of ($50/£50/€50/₹4000 - depending on your country) off their first booking in case they book directly with Africa Safaris Co using your unique invite link or invite code.
The following restrictions apply:
Members of Africa Safaris Co’s affiliate program may not simultaneously collect travel credits via their invite link.
To accumulate and redeem travel credits you must maintain a Africa Safaris Co account in good standing.
You may share your unique invite link via email and social media to friends and family. You may not share your unique invite link or invite code on public forums or coupon sites, otherwise Africa Safaris Co may terminate your account.
Violations of these terms and conditions may also lead to forfeiture of the credits in your account.
Africa Safaris Co reserves the right to cancel, revoke, or otherwise prevent the issuance of travel credits in any suspected case of fraudulence or misuse of this program and does not need to provide any details or explanation.
Africa Safaris Co reserves the right to modify or discontinue the referral program either temporarily or permanently (or any part thereof) at any time. Africa Safaris Co is not liable to you in the event of any modification, suspension or discontinuance of this program.
Travel credits are not redeemable for cash or equivalents.
Africa Safaris Co's promo codes and travel credits cannot be applied on existing confirmed bookings.
Africa Safaris Co's Loyalty Program allows you as a Tourist to earn Africa Safaris Co travel credits (“Travel Credits”) in the amount of ($50/£50/€50/₹4000 - depending on your country) after every booking with a gross booking value of at least ($1000/£1000/€1000/₹87000) made on Africa Safaris Co. Travel Credits will be deposited into your account after the respective Travel Adventure and may only be used as a discount for future Travel Adventure bookings.
Bookings of Travel Adventures with more than 8 people and bookings of Travel Adventures with a gross booking value of over ($10000/£10000/€10000/₹870000) are excluded from the Loyalty Program.
Travel Credit Spending
A Tourist can only pay for 5% of the gross booking value of any Travel Adventure using Travel Credits. If a Tourist has more Travel Credits than the capped allowance the remainder of the Travel Credits will remain in the Tourists account and can be used for additional bookings.
Discretional Travel Credits
Africa Safaris Co may in its sole discretion provide Travel Credits. These Travel Credits can be used on the same basis as outlined above for the Africa Safaris Co Referral and Africa Safaris Co Loyalty programs.
Discretional Promo Codes
Africa Safaris Co may in its sole discretion offer promo codes from time to time. Unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings on the same basis as outlined above for the Africa Safaris Co Referral and Africa Safaris Co Loyalty programs. Only one promo code can be redeemed per booking and they can not be combined with Travel Credits.
Africa Safaris Co may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials on the Site (“Content”). By making available any Content on or through the Services, you agree that Africa Safaris Co may use the Content as Africa Safaris Co in its sole discretion, and in particular, may use the Content on its mobile website and app, and in online and/or offline promotional materials and publications. You hereby grant to Africa Safaris Co a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Services. Africa Safaris Co does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary under applicable law to grant to Africa Safaris Co the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Africa Safaris Co's use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You represent and warrant that the Content will not contain any viruses, Trojan horses or infected files. You must not store, and agree not to store, any illegal content on the Site and Africa Safaris Co may monitor the site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria may not be posted and may be removed at any time and without prior notice.
In addition, Africa Safaris Co may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, (b) deactivate or terminate your Africa Safaris Co account and/or remove any Content uploaded through your account. Upon any such termination, Africa Safaris Co will within a commercially reasonable time pay you any amounts which Africa Safaris Co is legally obliged to pay you, it being understood that to the extent permitted by applicable law all unused credits in your account will be forfeited as a result of the termination of your account. Africa Safaris Co does not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.
If you choose to use the Services, you do so at your sole risk. Africa Safaris Co does not have an obligation to conduct checks on any Tourists, Vendors, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided "as is, where is", without warranty of any kind. In particular, Africa Safaris Co makes no warranty regarding the quality of any Listings, Tours / Safaris, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from Africa Safaris Co.
Without limiting the foregoing, Africa Safaris Co is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Tours / Safaris and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Vendor is solely responsible and assumes all responsibility and liability in respect of the Listings and the Tour. Africa Safaris Co is not a (re)seller of the Tour. Complaints or claims in respect of the Tour are to be dealt with by the Vendor. Africa Safaris Co is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. Africa Safaris Co explicitly disclaims all liability for any act or omission of any Tourist or other third party.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your booking of any Tours / Safaris via the Services, and any contact you have with other users whether in person or online, remains with you.
Africa Safaris Co shall only be liable for direct damages actually suffered, paid or incurred by you due to any gross negligence or wilful misconduct of Africa Safaris Co as it pertains to Africa Safaris Co’s obligations to you under these Terms, up to the maximum amounts specified herein. Neither Africa Safaris Co nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Vendor as made available, (c) the services rendered or the products offered by the Vendors or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Vendor or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services.
In no event will Africa Safaris Co's aggregate liability arising out of or in connection with your use of or inability to use the Services or from any interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Tourist in the twelve (12) month period prior to the event giving rise to the liability, or one hundred US Dollars (USD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Africa Safaris Co and you.
Africa Safaris Co is committed to comply with sanctions imposed by the US Office of Foreign Assets Control (OFAC), the United Nations Act, the Regulations Establishing a List of Entities under the Criminal Code of Canada, the Special Economic Measures Act, Freezing Assets of Corrupt Foreign Officials Act, Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Justice for Victims of Corrupt Foreign Officials Act and other rules and regulations which impose restrictions on travel companies, as applicable from time to time (jointly referred to as “Sanctions”).
You are not permitted to use the Services if you are an entity incorporated in or resident in a country subject to economic or trade sanctions imposed by the EU, Canada, or by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or any other competent body and authority or if you are listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC or other sanctions regime (“Restricted Person”).
Africa Safaris Co reserves the right to cancel any booking made that is contrary to EU, UN, OFAC and other policies and/or applicable sanctions. Africa Safaris Co will not directly or indirectly use any funds, or lend, contribute or otherwise make available funds to any person or entity, for the purpose of financing the activities of any company, country and/or persons currently subject to any sanctions as administered by competent bodies.
Applicable Law, Jurisdiction and Dispute Resolution
These Terms and the provision of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflict-of-laws rules.
Any dispute arising out of these Terms and the Services shall be exclusively determined by the courts of the City of Toronto, Canada and you attorn to the exclusive jurisdiction of such courts.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms or part thereof invalid or unenforceable, that provision will be enforced to the maximum extent permissible with the invalid or unenforceable provision or part thereof severed, and the other provisions of these Terms will remain in full force and effect.
The commercial relationship between Africa Safaris Co and Vendors are governed by separate agreements. Vendors may have, declare applicable or require acceptance of their own terms and conditions for the use, access and consummation of the Tour (which may include disclaimers and limitations of liability).
Africa Safaris Co reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.