These General Terms and Conditions (hereinafter: "AfricaSafaris.Com") govern the use of the AfricaSafaris.Com online mediation platform, which can be accessed, among others, at the URLs http://www.Africa-Safaris.Com.com (collectively "AfricaSafaris.Com Website").
1. About us
We, Africa-Safaris.Com are a registered Company. Our platform is available worldwide in multiple languages and is quick and easy to use. We operate the AfricaSafaris Com Platform as an intermediary platform on which tours and Activities (collectively "Activity" or "Activities") are offered online by a variety of local Suppliers around the Africa ("Suppliers"). We act as a commercial agent for the Suppliers. The descriptions and illustrations of these Activities originate from the respective Suppliers. We therefore have no direct influence on the scope of such content.
3. What we do 3.1 You can view Activities anonymously on the AfricaSafaris.Com platform.The contract for the provision of the activity is concluded exclusively and directly between you and the Supplier ("Service Agreement"). On the side of the Suppliers, the contracts are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions between the Suppliers and the Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any Activities ourselves and therefore do not become your contractual partner of the Service Agreements. We do not act as the organizer, the landlord, seller or other contractual partner in relation to the Service Agreement with you. 3.2 You can filter the list of activities by different parameters. The discovery wizard will show you activities that match your criteria and are offered by a specific provider. If more than one provider is able to offer a tour that matches the criteria entered in the discovery wizard, the provider is again selected based on the factors including popularity, diversity, availability, cancellation rate, rating, performance over time, and amount of revenue generated. 3.3 In the interest of a fast and smooth process - you may ask questions about your booking to the AfricaSafaris.Com customer service. For this purpose you can find various forms on Contact us cc@AfricaSafaris.Com. As commercial agents, we support the Suppliers in this process, we usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Supplier can be done directly. In case of emergency, the contact details of the respective Supplier can be found on your voucher. 3.4 We reserve the right to make the use of the AfricaSafaris.Com Platform, individual functions of the AfricaSafaris.Com Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the customer (e.g. in the case of prior bookings) or to make it dependent on the presentation of certain proofs (e.g. proof of identity, purchase, payment or ownership). We reserve the right to restrict your booking Activities in the case of suspected fraud, violation of these AfricaSafaris.Com and violation of obligations under the Service Agreement, which become known to AfricaSafaris.Com. 3.5 . We are not obligated to improve, extend (updates/upgrades) or make available the content, functions and services provided via the AfricaSafaris.Com Platform. We may discontinue our services and performances at any time, there is no right to continuation. However, if you have already concluded a Service Agreement with a Supplier, section 4.3 applies to you, i.e. the Service Agreement.
4. Conclusion of contract with Africa Catalog Ltd - User Agreement 4.1 The subject matter of the contract with us as the contracting party, is the use of the AfricaSafaris.Com platform free of charge (“User Agreement”). 4.2 The contractual relationship between you and us comes into effect as soon as you click the "Install" button on the product description page of the respective app store and, if applicable, enter your respective password or as soon as you use the website. The contract for the use of the AfricaSafaris.Com Platform is concluded for an indefinite period of time and you may terminate it at any time. A blocking, termination or deletion of the customer account is possible at any time via the AfricaSafaris.Com customer service by phone or via the contact form under "Delete account". Contact us cc@AfricaSafaris.Com. 4.3 Africa Catalog Ltd may unilaterally terminate the contract on the use of the AfricaSafaris.Com Account at any time with a notice period of one week. However, the termination will only become effective as soon as the already established Service Agreements have been executed. The right to extraordinary termination remains unaffected.
5. Conclusion of contract with the Supplier - Service Agreement
5.1 If you select and purchase a Supplier's activity on the AfricaSafaris.Com platform, you conclude a contract with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier. After checking the availability of the activity, you After clicking the button "Checkout", you will be asked for further mandatory information, in particular the payment method, which must be completed. 5.2 By clicking the button "Book now" at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the respective Supplier. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the Service Agreement. 5.3 The Suppliers may provide their own terms and conditions in their respective offer on the AfricaSafaris.Com platform ("Supplier T&Cs"). Please read these Supplier terms and conditions carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. If there is a contradiction in conditions, the one that is more beneficial to you shall apply. 5.4 We accept the contract offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, a voucher and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion. 5.5 The contract between you and the respective Supplier is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the activity selected by you), these GTC and - if available - the Supplier GTC. 5.6 You must immediately check the order confirmation to ensure that all data has been entered correctly. 5.7 ATTENTION: In the case of contracts for tourist services that were concluded at a distance - such as Service Agreements with Suppliers that you have booked through us - there is NO right of withdrawal, you are only entitled to the statutory rights of cancellation and termination.
6. Prices (Suppliers)
6.1 All prices quoted are inclusive prices, i.e. all taxes are already included. However, it is possible that additional local taxes (e.g. local tax) are levied locally. We have no influence on this. 6.2 The booking prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments made. You must independently check before booking whether the respective Supplier prescribes deviating conditions. 6.3 We receive a commission from the Supplier for brokering the Service Agreement.
7. Customer service / Best Price Guarantee from AfricaSafaris.Com
7.1 You can reach our customer services team at Contact us service@AfricaSafaris.Com. 7.2 If you find the activity booked via the AfricaSafaris.Com platform (i) with the same conditions (date, city, number of persons) and (ii) with the same services (iii) at a lower price on the Internet (iv) bookable with the same Supplier and prove this to us, we will pay you the difference between the lower price booked via AfricaSafaris.Com and the lower price found and available by you on the Internet. 7.3 To make use of this best price guarantee, you must send us the link (and/or a screenshot of the alternative offer) upon request. We will then check this and should the price actually be lower, pay the difference, whereby this payment can also be made by means of a voucher. 7.4 All special offers and discount promotions are marked as such.
8. Payment at AfricaSafaris.Com
8.1 The price offered on the AfricaSafaris.Com platform ("Booking Price") shall apply to the Supplier's services. Unless otherwise agreed, the booking price for the services of the Supplier is payable immediately upon booking by the user. 8.2 AfricaSafaris.Com is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier's invoice. With the successful payment to AfricaSafaris.Com, you have fulfilled your payment obligations towards the Suppliers with a discharging effect. If claims are to be paid by the user in a currency other than their local currency (foreign currency claim), AfricaSafaris.Com may (in its role as a commercial agent) demand payment in the user's local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee. 8.3 We are your contact in connection with a Service Agreement and its remuneration as the commercial agent of the Supplier. If you wish to claim a refund of the booking price outside of our cancellation policy, e.g. because you believe that you are entitled to it due to a timely cancellation, you may contact us. We will then contact the respective Supplier. A refund granted by the Supplier can be processed by the Supplier through us. 8.4 You must provide payment information truthfully and update it immediately in the event of changes we can reject by a means of payment specified by you. The means of payment permitted for the respective service will be displayed to you in the order process. Please note the terms and conditions of the payment service Supplier, which apply. Your payment service Supplier may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you use. 8.5 By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make the use of the payment function or individual payment methods on the AfricaSafaris.Com platform dependent on a check of the required creditworthiness.
9. Implementation of the Activity (Service Agreement)
9.1 You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier’s terms and conditions. If you are traveling to the activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health requirements, etc. 9.2 The booking price of the services does not include insurance. You are responsible for sufficient insurance coverage. The insurance requirement depends on the booked activity. 9.3 For time and deadline calculations, the time zone of the Supplier shall be decisive.
10.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Activity on the AfricaSafaris.Com Platforms or on any voucher issued for the Activity. 10.2 To avoid misunderstandings, you must make changes and cancellations via the AfricaSafaris.Com platform, unless otherwise agreed. A cancellation can Contact us cc@AfricaSafaris.Com. The change or cancellation must be made in good time; what is "in good time" depends on each individual case. Therefore, it is very important that you carefully read all terms and conditions, especially the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by AfricaSafaris.Com. If these conditions are met, we will issue a cancellation confirmation on behalf of the Supplier. This will serve as proof of the cancellation and therefore must be kept. 10.3 We can notify you of changes on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address. 10.4 If there are no different cancellation conditions in the description of the Supplier's activity, in the Supplier T&Cs or on a Voucher, the following cancellation conditions shall apply: a) For cancellations more than 24 hours before the start of the activity: full refund of the booking price b) For cancellations 24 hours or less before the start of the activity or in case of no-show: no refund of the booking price. 10.5 You always have the option to prove to the Supplier that he has not incurred any damage at all or that the damage is significantly lower than the cancellation fees demanded by the Supplier.
11. Further rights of the Supplier (Service Agreement)
11.1 The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier's control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the activity. In this case, the booking price paid for the canceled Activity will be refunded. 11.2 The Supplier may exclude you from an Activity if you do not meet the requirements for participation required on the AfricaSafaris.Com Platforms. Also, if you would endanger yourself or others through your participation, or if you disrupt the implementation of the activity in any other way. In these cases, the booking price paid for the activity will not be refunded. 11.3 The Supplier may make immaterial changes to the program at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the tour, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked activity and will be communicated to you by email or displayed via the AfricaSafaris.Com platform.
12. Reviews and User content
12.1 We offer you the opportunity to view reviews written by other users or supplementary content and images about the activity on the AfricaSafaris.Com platform. These reflect the personal opinion of any respective user from a specific point in time and are therefore shaped by personal ideas and expectations. It must also be noted that the activity offered may have changed since the content or the rating was posted. The number of ratings given should also be taken into account, as a single opinion is often less meaningful than the synopsis of a large number of ratings. 12.2 You can personally influence the content of the AfricaSafaris.Com Platform by writing reviews of Activities for which you have paid, or, if applicable, by posting pictures ("User Content"). You are fully responsible for the User Content you post. It is strictly forbidden to post User Content on the AfricaSafaris.Com Platform that: is untrue or misleading, in particular make false and/or unobjective assessments of Activities or other circumstances/events there that could influence the decision of other users, openly or covertly advertises products, services or companies; in particular, provides reviews, insofar as the user is offered remuneration for this action, or provides reviews of the Activities of a Suppliers for whom the user himself is active, or contains links or similar information/references that are likely to impair the functioning of third-party data processing systems. 12.3 Furthermore, you are obligated to ensure that you are entitled to the necessary rights of use for images before uploading the user content. In particular, images or photos with persons other than may only be uploaded to the AfricaSafaris.Com platform if the consent of these persons is available. If you want to use pictures that have been taken by a person other than yourself, you also need the consent of this person. 12.4 The public accessibility of the User Content may not violate legal provisions, morality and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible any User Content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions. 12.5 We do not adopt the User Content as our own in any way or context. 12.6 We may use the User Content in various ways. This includes, but is not limited to, displaying it on the AfricaSafaris.Com Platform, reformatting it, editing it for clarity or better grammar, including it in or alongside advertisements or other works. 12.7 We may remove or repost User Content as necessary and at our sole discretion. For example, AfricaSafaris.Com may remove User Content if, in our opinion, it violates our obligations under Sections 12.8 AfricaSafaris.Com, its affiliates, sub-agents and their (distribution) partners, may display advertisements and other information next to or together with the User Content on the AfricaSafaris.Com Platform as well as on other media. You are not entitled to any compensation for such advertisements. We reserve the right to make changes to the type and scope of such advertising measures; we will not notify you of such changes.
13. Data protection
We always process your personal data in accordance with the legal regulations.
15.1 Except as set forth in Section 16, our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage arising from a negligent breach of a fundamental contractual obligation. A "material contractual obligation" under these Terms of Service is an obligation, the performance of which is essential to the proper performance of these Terms of Service and the breach of which jeopardizes the purpose of these Terms of Service and its performance upon which you as a user may regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time these AfricaSafaris.Com Terms and Conditions were accepted. We exclude our liability and the liability of vicarious agents for damages caused by a negligent breach of a non-essential contractual obligation. 15.2 Nothing in these Terms and Conditions shall exclude or limit the liability of us or our agents or servants for gross negligence,intent,death, personal injury or fraud. Likewise, any further-reaching mandatory statutory rights as a consumer shall remain unaffected. 15.3 The above limitations of liability do not apply if we fraudulently conceal a circumstance to the standard of the AfricaSafaris.Com platform or should guarantee a certain functionality. The same applies to any claims of the User under the Product Liability Act. 15.4 No liability shall exist in cases of force majeure, including but not limited to: failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the AfricaSafaris.ComPlatform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, severe weather including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labor disputes.
You may not transfer, assign or otherwise deal with your rights and/or obligations under these Terms, except for any claim for damages.
17. Severability clause
Should individual provisions of these AfricaSafaris.Com be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these AfricaSafaris.Com that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
18. Final provisions