SAFARISHARING – BOOKING TERMS
Please take some time to read these Booking Terms carefully as they contain important information on obligations and rights regarding your use of the Platform. Should you have any questions, please do not hesitate to contact us.
APPLICABILITY OF THESE TERMS AND CONDITIONS
These terms and conditions shall apply to all services offered provided by Safarisharing B.V. (a Dutch limited liability company registered at the Dutch Chamber of Commerce under no. 64513424, hereinafter referred to as “Safarisharing”, “us”, “we” or ”our”) at our website (www.safarisharing.com) or otherwise (together the “Platform”). By accessing, using or browsing our Platform and/or by making a booking or creating an account, you acknowledge and agree to have read, understood and agreed to these terms and conditions and you agree that you shall abide by these terms and conditions, including our privacy statement (hereinafter collectively the “Booking Terms’). The term “you” refers to you as customer.
TOUR OPERATORS AND TRIPS
We provide the Platform through which tour operators (“Tour Operators”) advertise different types of tours (“Trips”). You may make bookings for a Trip using the Platform. By making a booking using the Platform, you enter into a direct and legally binding contract between you and the Tour Operator.
The services (such as accommodation, activities, transport) included in the Trip you have booked are those referred to in the description provided with the Trip you selected and in your booking confirmation. These Booking Terms shall apply mutatis mutandis between you and the Tour Operator. Safarisharing operates the Platform and acts as an intermediary between you and the Tour Operator. The information, such as information and details pertaining to Trips, that we provide on our Platform is based on the information provided by Tour Operators. Although we shall use reasonable effort to verify the information, we do not warrant and/or guarantee that any information on the Platform is true, correct, complete, or accurate, nor can we be held liable or responsible for any false, incorrect, incomplete or inaccurate information. The Tour Operators is responsible for the correctness, completeness and accuracy of the information.
The content on Platform shall not constitute and should not be regarded as a recommendation or endorsement of the availability, quality, service level, qualification or (star) rating of any Trip or Tour Operator listed on our Platform.
ACCOUNT AND BOOKING PROCEDURE
You can create an account to make use of the Platform. By using the Platform, making a booking and by creating an account you represent, warrant and confirm that you are at least 18 (eighteen) years old, that you have the right, authority and capacity to enter into the contract with the Tour Operator, that you are not placed under guardianship and that you shall abide by aforementioned contract and these Booking Terms. Your account is strictly personal and you shall to keep your login credentials confidential.
You may terminate your account at any moment through informing Safarisharing. We reserve the right to immediately and without prior notice suspend and/or terminate your account at our sole discretion. You shall be notified of the termination via the email address linked to your account.
To make a booking, please select a Trip on our Platform and follow the booking process. We require accurate details and necessary travel documents from our customers to successfully complete the booking. Required details include, but are not limited to: full name (as written in your passport), date of birth, nationality, passport number, passport issue and expiry date. We also require information about any condition you have that might affect your ability to complete your Trip. Your Trip (including accommodation) is confirmed upon receipt of the confirmation. It is your responsibility to check the booking confirmation and your Trip documents immediately upon receipt of the confirmation. If any details are incorrect you shall notify us immediately.
Each Trip on the Platform has a specific booking deadline. Bookings are only accepted until the booking deadline expires. The Trips require a minimum number of participants, which will be indicated for each Trip. In case the minimum number of participants is not reached by the booking deadline, the Trip shall be automatically canceled and Safarisharing shall refund payments already made for this particular Trip (minus transactions costs). Safarisharing reserves the right to extend the booking deadline for specific Trips.
PRICE AND PAYMENT
Prices quoted on the Platform are correct at time of publication and are subject to changes without notice. The final price of the Trip depends on the (final) number of participants. At the time of your booking, the price shall be based on (a) the minimum number of participants or, if that number is already met, (b) the actual number of participants and shall be charged from your credit card or other payment method, if applicable. Payments may only be made using the payment services provided by the Platform. After the booking deadline, if the number of participants is higher than at the time of your booking, Safarisharing will refund the difference between the price paid at booking and the final price based on the number of participants.
The prices of the Trips depend on the number of participants and we do not tolerate price manufacturing. All void and ostensible bookings with the purpose to lower the Trip price are strictly prohibited. You are obligated to pay all the fees and compensate damages if you make a void booking; additionally, the regular cancellation policy will apply.
Additional surcharges may arise from unfavorable changes in currency value, transportation costs, sudden changes in petrol prices, taxes or airport fees. We reserve the right to impose surcharges up to 20 days before the start of the Trip. Safarisharing will specify how the surcharge was calculated and provide you with an additional invoice. If the price increases more than 10% due to reasons beyond our control, you will have the option to change to another Trip, if we are able to offer one, or cancel the booking and receive a full refund, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days of notification of the price increase.
THE SCOPE OF A TRIP AND PRICE
Detailed pre-departure information and itinerary is provided for your Trip. All the information about your Trip will be deemed to be part of the contract between you and the Tour Operator.
Services included in the base price are listed in the Trip description.
Unless stated otherwise, the base price does not include: international flights (including flight to the destination), additional or optional tours and activities, travel insurance, and passport and visa fees. Meals, accommodation and transport that are not listed in the Trip description are also not included.
Optional and additional activities not included in the Trip price do not form part of the Trip or this contract. If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk.
CHANGE/CANCELLATION BY US
We reserve the right to make changes to your (i) original Trip if compelling circumstances arise and (ii) in case such changes are required by the Tour Operator, at any time. In case of such changes, we shall notify you per email as soon as reasonably possible.
We reserve the right to change the Trip itinerary. When a change is made we will inform you before departure as soon as reasonably possible. Additionally, we have the right to change an itinerary after departure if it is due to local circumstances or events outside of our control.
Please note that time schedules of air and road departures are estimates only. These schedules may be affected by operational difficulties, weather conditions or failure of passengers to check in on time and do not constitute a change in your original Trip/booking.
We reserve the right to cancel your Trip, if the minimum number of clients required for a particular Trip is not reached, in case of force majeure, pandemic or epidemic illness or failure by you to pay the final balance. “Force Majeure” circumstances include any unusual or unforeseeable events beyond our or the Tour Operators’ control. For example: war, riot, terrorist activity, fire, natural disaster, flooding, unavoidable technical problems with transport, epidemics and all similar events.
In case of cancellation of a Trip by us after the booking deadline, you can either have a full refund or accept an offer of an alternative Trip of comparable standard from us.
If we need to cancel your Trip we shall not be responsible for any incidental expenses that you may have incurred as a result of your booking.
VISA, PASSPORT, INSURANCE TRAVEL DOCUMENTATION, HEALTH
It is your responsibility to ensure that you have valid passports (taking into account the local requirements of the country you will be travelling through), visas and re-entry permits which meet the requirements of immigration and other government authorities in the country/countries where the Trip takes place. If your travel documents do not meet the requirements, we shall not be liable to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your Trip or any other travel arrangements.
Travel insurance is compulsory for all customers while on a Trip. It is your responsibility to ensure you have valid travel insurance that covers your needs. We strongly advise you to insure yourself against any possible risk, including but not limited to: personal accident, death, medical expenses and emergency medical assistance, or emergency repatriation. We also recommend it covers cancellation and loss of luggage or personal effects.
Before booking a Trip you must ensure that you are suitably fit to allow full participation in the Trip. It is your responsibility to ensure that you obtain proper and detailed medical advice prior to the Trip and follow the health requirements for your destination.
You have to be at least 18 years old at the time of travel to participate on the Trips. Minors are accepted in case the booking is made as private for one family and minors are accompanied by their parents/legal guardians.
ABOUT THE PLATFORM
We may release new features and tools or other services or features on the Platform. These new tools and features shall be part of and governed by these Booking Terms from the moment they are launched or available. We reserve the right to add or remove features, to modify, change, discontinue, or update the Platform, and to change its appearance, temporarily or permanently, at any time, in whole or any part thereof, and without any prior notification. We shall never be liable to you or any third party for such modification, change, discontinuance, adding or removing of features, or change in appearance.
We do not make any representations or warranties, whether express, implied, statutory or otherwise with respect to the availability, fitness for purpose, quality and operating condition of the Platform. The Platform is provided ‘as is’ and ‘as available’. We do not represent or warrant that the Platform is or will be free of errors and viruses, secure, safe, uninterrupted, and available or that errors, bugs, or any faults whatsoever will be corrected. In particular, we do not represent or warrant to you that your use of the Platform will meet your requirements or is satisfactory to you
ACKNOWLEDGMENT OF RISK
Participation in the Trips involves a personal risk and it is your responsibility to understand all relevant travel information and nature of your Trip and activities. Depending on the destination your Trip may sometimes involve risks, dangers or challenges. You fully understand and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes.
LIMITATION OF LIABILITY
You acknowledge and agree that we act as an intermediary between you and the Tour Operator. As such, we do not have influence on the execution of the Trip by the Tour Operator and any situations, dangers and challenges that may and will occur during a Trip. Furthermore, you acknowledge and agree that a Trip may involve severe personal risk, dangers and challenges.
To the extent permitted by mandatory law and except in case of willful misconduct or gross neglect by our senior staff, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to the Platform, up to an aggregate amount of the aggregate cost of your booking as set out in the booking confirmation, by refunding which amount we have fulfilled any obligation to undo.
However, to the extent permitted by mandatory law and except in case of willful misconduct or gross neglect by our senior staff, neither we nor any of our directors, officers, employees, representatives, subsidiaries or others involved in the Platform and/or in making available its contents shall be liable for: (a) any indirect, punitive, special or consequential damages or losses, loss of claim, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation; (b) any inaccuracy related to the information of the Tours as provided by the Platform; (c) the services rendered by the Tour Operator or other third parties; (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 our services; or (e) any (personal) injury, death, property damage/loss/theft, 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, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Tour Operator or any other third whose Trips or other service(s) are (directly or indirectly) offered, promoted or made available by or through our Platform, including any (partial) cancellation, overbooking, strike, force majeure (as defined in clause 8.4) or any other event beyond our control.
All rights, including rights of intellectual and industrial property (such as but not limited to copyrights, trademarks, trade names, rights in design, text, font, icons, rights in style, database rights, rights to domain names) pertaining to the Platform, its software, its contents, and to Safarisharing (collectively ‘the Rights’), are owned and retained by us, or our licensors. These Booking Terms do not constitute any transfer, assignment, licensing or granting of Rights. You agree not to copy, duplicate, reproduce, publish, make available, transmit, make derivative works of, make similar works of, or sell the Platform and/or the Rights. You may not remove or alter any notices appearing on the Platform, including (but not limited to) trademark, trade name, copyright, or patent notices.
We reserve the right to take photographic, video, or film records of any of the Trips, which may depict you, and to use any such photographic, video, or film records for promotional and/or commercial purposes. By accepting these Booking Terms, you give us the right to do so.
After your Trip you may or may be asked to comment on your Trip and/or to provide a score for certain aspects of the Trip.
Safarisharing reserves the right to post these comments and scores on the Platform. Safarisharing undertakes to use its best efforts to monitor and review reviews in respect of obscenities or the mention of an individual’s name. Safarisharing reserves the right to refuse, edit or remove unfavorable reviews in the event that such reviews include obscenities, mention an individual’s name or for other reasons at our sole discretion.
Safarisharing shall not have and disclaims any liability and responsibility for the content and consequences of (the publication or distribution of) any comments or reviews howsoever or whatsoever.
The reviews are for exclusive use by Safarisharing and can be made available on such Platform as from time to time made available to by Safarisharing. Safarisharing exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) the reviews.
If any provision of the Booking Terms is held invalid, the remainder of the Booking Terms shall continue in full force and effect.
Our failure to exercise or enforce any right or provision of the Booking Terms shall not constitute a waiver of such right or provision.
The Platform is for personal and non-commercial use only. Therefore, you may not deep-link, use, copy, rebrand, monitor (e.g. spider, scrape), display, download, reproduce or make available in any other way any content or information, software, products, services, Tours and Tour Operators available on our Platform for any commercial or competitive activity or purpose.
We reserve the right to update or alter these Booking Terms at any time, and it is your responsibility to be familiar with them before using our services. The latest Booking Terms can always be found on website www.safarisharing.com and will supersede any previous versions.
You may submit a complaint in writing to us by email email@example.com, no later than 20 days after the end of your Trip. Liability shall not be accepted for any complaints that do not comply with the procedure.
If you have a complaint relating to a Tour Operator, travel supplier and/or accommodation during your stay, please ensure that you officially log your complaint with the respective party and notify us thereof simultaneously. We are not responsible for the acts of travel suppliers and/or hotels.
GOVERNING LAW AND JURISDICTION
The laws of the Netherlands shall exclusively apply to these Booking Terms and to each and every dispute arising out of or in connection with the Booking Terms without giving effect to any principles of conflicts of law.
Each and every dispute arising out of or in connection with the Booking Terms shall be solely and exclusively submitted to the Court of Amsterdam, The Netherlands and you agree to submit to the personal and exclusive jurisdiction of such court.