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Terms and Conditions

TOURISM THAT CARES

By requesting us to book and confirm your quotation in writing, you indicate your agreement to these terms and conditions. Once you have requested us to book in writing, via email, WhatsApp, skype or any other form of written media, you become bound to these terms and conditions.

COVID 19 general comment: If booking during the global COVID crisis, we have an added safety net in place. Quite simply you are allowed to postpone up until 45 days before travel without any penalties, and you can postpone up until 12 months after your original travel dates. If you chose to cancel completely and not postpone , you will face cancellation fees, in general terms listed below in points 4 and 5, and yet, we will do our best to negotiate the cancellations, stated in point 10.

See pages below.

TERMS AND CONDITIONS 2020-2022

1) PAYMENT METHODS

PAYMENT IS DUE IN SOUTH AFRICAN RANDS (ZAR), UNLESS OTHERWISE STATED, VIA BANK TRANSFER OR CREDIT CARD. WE ACCEPT VISA AND MASTERCARD, AMEX.

WE ARE BOUND BY FIRST NATIONAL BANK OF SOUTH AFRICA’S SECURITY AND SAFETY LAWS WHEN IT COMES TO PROCESSING OF PAYMENT. THE VALUE OF THE TRIP MUST BE PAID FOR AS PER THE ZAR VALUE OF THE INVOICE PROVIDED. EXCHANGE RATES ARE MERELY GUIDELINES FOR CLIENTS TO SEE THE COST IN THEIR OWN CURRENCY FOR COMPARISON, AND WE CANNOT BE HELD RESPONSIBLE FOR THE EXCHANGE RATE YOUR BANK USES WHEN CONVERTING ZAR INTO YOUR LOCAL CURRENCY. THESE PRICES EXCLUDE THE SERVICE FEES OR EXCHANGE RATE YOUR BANK CHOOSES TO CHARGE AT THE TIME OF DEDUCTION.

IF YOU RECEIVE AN INVOICE IN U$ DOLLARS, THEN KINDLY NOTE THIS RELATES TO A U$ DOLLAR COST THAT IS PAYABLE IN THIS CURRENCY FROM OUR SERVICE PROVIDERS. KINDLY PAY YOUR ZAR AND U$ DOLLAR INVOICES SEPARATELY INTO THE STATED ACCOUNTS, OR IF CHOSING TO LUMP THEM TOGETHER AND PAY VIA CREDIT CARD IN ZAR, WE WILL CONVERT THE U$ DOLLAR PORTION OF THE INVOICE, AT OUR BANK QUOTED RATE FROM U$D TO ZAR.

1.1) DELIVERY OF DOCUMENTS GUARANTEEING SERVICES

ONCE A DEPOSIT IS PAID, YOU WILL RECEIVE YOUR NECESSARY TRAVEL CONFIRMATION WITHIN 14 DAYS, GUARANTEEING YOUR TRIP WITH DETAILED INCLUSIONS AND EXCLUSIONS. THIS DOCUMENT IS LEGALLY BINDING, A FORM OF SERVICE GUARANTEE, IN ACCORDANCE WITH INTERNATIONAL TRAVEL STANDARDS SET OUT BY SATSA (SOUTHERN AFRICAN TOURISM SERVICES) AND ASTA (AMERICAN SOCIETY OF TRAVEL AGENTS). THESE DOCUMENTS ARE NORMALLY SENT VIA PDF TO YOUR EMAIL OR DELIVERED BY HAND OR DHL COURIER SERVICES {IF REQUESTED} AT AN ADDITIONAL FEE.

1.2) BOOKING FORM (SEE PAGE 6 – 8 BELOW)

DUE TO THE EXTREMELY IMPORTANT NATURE OF CORRECT SPELLING OF NAMES ON FLIGHT TICKETS, AS WELL AS SAFETY AND SECURITY REGULATIONS, NO BOOKINGS WILL BE PROCESSED UNLESS A COMPLETE BOOKING FORM AND COPIES OF PASSPORTS IS RECEIVED ON CONVERSION OF A QUOTE TO A BOOKING. ALL BOOKING FORMS MUST BE SENT TO THE TRAVEL CONSULTANT YOU ARE DEALING WITH DIRECTLY

1.3) TRAVEL INSURANCES AND LEGAL DOCUMENTATION:

ALL PARTICIPANTS MUST TAKE OUT TRAVEL, MEDICAL, CANCELLATION AND CURTAILMENT INSURANCE THE MOMENT THE AGENT, OR ORGANISING COMMITTEE, OR PERSON TRAVELLING THEMSELVES, ARE RESPONSIBLE TO ARRANGE INTERNATIONAL FLIGHTS OUT OF AND RETURNING TO THEIR COUNTRIES OF ORIGIN, AS WELL AS ENSURING EACH TRAVELLER HAS THE NECESSARY VISA, HEALTH AND OTHER INTERNATONAL TRAVEL DOCUMENTATION IN PLACE AT LEAST 45 DAYS PRIOR TO DEPARTURE. ANY OMISSIONS IN THIS REGARD, ARE NOT THE RESPONSIBILITY OF OUR COMPANY.

2) DEPOSIT POLICY:

SUBJECT TO THE SIZE AND COMPLEXITY OF THE GROUP, AND ITS ACCOMMODATION AND LOGISTICAL REQUIREMENTS, AS WELL AS THE TIME OF YEAR, WE MAY REQUIRE A 25 – 50% DEPOSIT WITHIN 7 DAYS OF BOOKING.

THE BALANCE IS DUE NO LESS THAN 45 DAYS PRIOR TO ARRIVAL.

IF PAYMENTS ARE MADE OVER A PERIOD OF MORE THAN 14 DAYS, IE INITIAL DEPOSIT IN MARCH AND THEN FINAL PAYMENT IN JULY, THE INVOICE FOR BALANCE OF PAYMENT WILL BE ADJUSTED ACCORDINGLY SHOULD THE EXCHANGE RATES FLUCTUATE SIGNIFICANTLY FOR ANY U$ DOLLAR BASED COSTS, IE TRAVEL OUTSIDE OF SOUTH AFRICA, AND IN MOST NEIGHBOURING COUNTRIES.

Timeline for deposits of individuals/ fit travellers:

50% deposit to secure your booking

50% balance 45 days before travel.

Timeline for deposits for groups of 8 or more travellers:

25% deposit to secure your booking

25% 90 days before travel

50% balance 45 days before travel.

3) EXCHANGE RATE FLUCTUATION

AT NO STAGE CAN WE GUARANTEE A RATE OF EXCHANGE FOR LONGER THAN 24 HOURS, IF YOUR TRIP INVOLVES MULTIPLE CURRENCY COSTS WE WILL TAKE A SPOT PRICE ON THE DAY. ANY MAJOR FLUCTUATIONS WILL BE ADJUSTED ON THE INVOICE ACCORDINGLY IF PAYMENT IS NOT MADE BY DUE DATE STATED.

4) ADMINISTRATION FEES:

ALL DEPOSITS CARRY A 10% NON- REFUNDABLE ADMINISTRATION FEE OF THE

TOTAL TRIP COST.

WE STRONGLY RECOMMEND TAKING OUT CANCELLATION INSURANCE WHEN BOOKING ANY TRIPS OF SIGNIFICANT VALUE. WE CARRY BANK CHARGES, CREDIT CARD FEES ADMINISTRATION AND COMMUNICATION COSTS BASED ON TIME INVESTED IN A BOOKING, THIS IS WHY WE APPLY THIS POLICY. SOME HOTELS, RESORTS AND LODGES ENFORCE NON-REFUNDABLE DEPOSITS THROUGHOUT THE YEAR. (SEE POINT 6 BELOW.) HOTELS MAY INCREASE THEIR CANCELLATION POLICY OVER FESTIVE SEASON. (SEE POINT 7 IN THIS REGARD ON THE PAGE BELOW)

5) STANDARD CANCELLATION POLICY APPLICABLE TO TOTAL TRIP COSTS *:

ANY BOOKINGS CANCELLED CARRY A MINIMUM OF A 10% CANCELLATION FEE, REGARDLESS OF THE TIME OF DEPOSIT. (SEE point 4 administration fees)

ANY BOOKINGS CANCELLED LESS THAN 180 DAYS BUT MORE THAN 90 DAYS PRIOR TO ARRIVAL ARE SUBJECT TO A 15% CANCELLATION FEE.

ANY BOOKINGS CANCELLED LESS THAN 90 DAYS BUT MORE THAN 60 DAYS PRIOR TO ARRIVAL, ARE SUBJECT TO A 25% CANCELLATION FEE.

ANY BOOKINGS CANCELLED LESS THAN 60 DAYS BUT MORE THAN 30 DAYS PRIOR TO ARRIVAL ARE SUBJECT TO A 50% CANCELLATION FEE.

ANY BOOKINGS CANCELLED LESS THAN 30 DAYS BUT MORE THAN 21 DAYS PRIOR TO ARRIVAL ARE SUBJECT TO A 75% CANCELLATION FEE.

ANY BOOKINGS CANCELLED LESS THAN 21 DAYS BUT MORE THAN 14 DAYS PRIOR TO ARRIVAL ARE SUBJECT TO A 95% CANCELLATION FEE.

ANY BOOKINGS CANCELLED LESS THAN 14 DAYS PRIOR TO ARRIVAL ARE SUBJECT TO A 100% CANCELLATION FEE.

*THIS EXCLUDES ALL AIRLINE TICKETS, WHICH ARE LISTED SEPARATELY UNDER POINT 8.

** Please note: The above is standardised across a wide array of service providers, as such these cancellation terms are the minimum standard applicable. should there however be stricter policies in place, based on the specific service provider, we will apply the latter, and you are entitled to request these cancellation policies in writing.

*** Please note: Southern and East Africa tend to have strict cancellation policies in place, because in many key tourist areas there is high demand for accommodation, but there is limited access in terms of flights, so once rooms cancel, the chances of reselling the rooms are low, because the FLIGHTS, internationally, regionally and locally are limited in their capacity, especially over peak periods.

6) CANCELLATION POLICY ADDENDUM:

SOME SAFARI LODGES AND SMALLER PRIVATE RESORTS ENFORCE STRICTER NON-REFUNDABLE DEPOSIT POLICIES THAN THE ABOVE POLICY.

PLEASE NOTE: SOME SAFARI LODGES, RESORTS OR BOUTIQUE HOTELS WITH A SMALL ROOM TOTAL, ARE NOW ENFORCING 25% NON-REFUNDABLE DEPOSITS WITHIN 14 DAYS OF MAKING A BOOKING, AND THE BALANCE IS DUE 60 DAYS PRIOR TO ARRIVAL. ANY CANCELLATIONS LESS THAN 60 DAYS CARRY A 100% CANCELLATION FEE.

THEREFORE, THIS POLICY OVERRIDES THE ABOVE STANDARD POLICY, ONLY WHEN A SPECIFIC LODGE OR GROUP OF LODGES APPLIES THIS HIGHER PERCENTAGE OF CANCELLATION AND NON-REFUNDABLE DEPOSITS, AND CAN BE OBTAINED PER LODGE ON REQUEST WHEN MAKING A BOOKING.

7) FESTIVE SEASON BOOKINGS BETWEEN 5 DECEMBER AND 10 JANUARY EVERY YEAR ARE STRICTER.

PLEASE NOTE: BETWEEN 5 DECEMBER – 10 JANUARY EVERY YEAR MOST HOTELS, RESORTS AND LODGES ENFORCE A STRICTER CANCELLATION POLICY THAN OUR STANDARD POLICIES STIPULATED IN POINT 5. THESE CAN BE OBTAINED ON REQUEST WHEN BOOKING OVER THIS PERIOD.

8) AIRLINE TICKETS:

FLIGHT PRICES ARE ONLY GUARANTEED FOR 12 HOURS ON OUR SYSTEMS, AND ARE SUBJECT TO AVAILABILITY. THEY WILL BE REQUOTED IF YOU HAVE NOT PAID AS PER THE FLIGHT DEPOSIT DEADLINE. MOST TICKETS ARE GENERALLY PARTIALLY REFUNDABLE, BUT ALWAYS CARRY AN AMENDMENT FEE. YOUR TICKETS WILL CARRY THESE DETAILS, AND ARE TREATED CASE BY CASE, DEPENDING ON THE FARE CLASS BOOKED, AND THE INDIVIDUAL AIRLINE POLICY. IF BOOKED IN THE CHEAPEST CLASS THEY ARE NON-REFUNDABLE.

9) REFUND POLICY:

9.1) OUR REFUNDS ARE PROCESSED WITHIN THE CANCELLATION GUIDELINES LISTED ABOVE IN POINTS 4 – 8. REFUNDS ARE PROCESSED WITHIN 7 DAYS OF RECEIVING YOUR CANCELLATION EMAIL, WHICH MUST BE PUT IN WRITING TO YOUR TRAVEL CONSULTANT THAT YOU WERE DEALING WITH, AND SUPPORTED WITH NECESSARY DOCUMENTATION I.E. MEDICAL CERTIFICATES ETC.

9.2) IF IN THE CASE OF A SERVICE DELIVERY FAILURE, PLEASE LODGE YOUR COMPLAINT IN WRITING TO YOUR TRAVEL CONSULTANT YOU WERE DEALING WITH, OR TO [email protected] OR [email protected] CALL +27 21 976 0099 IF YOU WISH TO TALK TO A CONSULTANT OR MANAGER BEFORE LODGING THE COMPLAINT IN WRITING.

9.3) ONCE WE RECEIVE A COMPLAINT REGARDING A SPECIFIC HOTEL OR SERVICE PROVIDER, WE WILL INVESTIGATE THE MATTER WITHIN 7 DAYS OF YOUR COMPLAINT, AND THEREAFTER ISSUE A REFUND INSTRUCTION AND REFUND FORM TO COMPLETE IF YOUR COMPLAINT WAS VERIFIED AND APPROVED BY OUR INVESTIGATION. REFUNDS ARE PROCESSED USING THE SAME AVENUE / FORM OF PAYMENT THAT WAS USED WHEN CLIENT MADE PAYMENT TO US.

9.4) WE OPERATE WITHIN THE LAWS OF THE CONSUMER PROTECTION ACT (ACT NR 68, 2008) OF SOUTH AFRICA, AND SHOULD A DISPUTE ARISE WITH A HOTEL OR SERVICE PROVIDER, WE WILL ACT WITHIN THE GUIDELINES OF THIS LAW APPLICABLE TO THE TOURISM INDUSTRY WITHIN SOUTH AFRICA. HTTPS://WWW.SAICA.CO.ZA/PORTALS/0/TECHNICAL/LEGALANDGOVERNANCE/GON271CODEOFCONDUCTCGSO.PDF

WE WILL ALSO REFER TO SATSA’S CODE OF CONDUCT, BY WHICH WE ARE REQUIRED TO COMPLY:HTTP://WWW.SATSA.COM/CODE-OF-CONDUCT/

IF YOU ARE OF THE OPINION WE ARE NOT COMPLYING WITH THIS CODE OF CONDUCT YOU ARE WELCOME TO LODGE A COMPLAINT WITH SATSA DIRECTLY.

SATSA CONTACT DETAILS:
+27 (0) 86 12 72872; +27 (11) 886 9996. EMAIL: [email protected]

10) CANCELLATION INSURANCE AND NEGOTIATING REDUCTIONS WITH MANAGEMENT:

BASED ON POINTS 5 – 9, WE REPEAT IT IS STRONGLY ADVISABLE TO TAKE OUT CANCELLATION INSURANCE, TO COMPLETE BOOKING FORMS PROPERLY AND THAT ALL YOUR TRAVEL DOCUMENTS/ VISAS/ HEALTH ENTRY REQUIREMENTS ARE IN PLACE. PLEASE BE AWARE THAT OUR STANDARD TERMS AND CONDITIONS RELATE TO SERVICE PROVIDERS AND PRINCIPALS TERMS SENT TO US.

WE WILL TRY AND NEGOTIATE THE REDUCTION OF THE CANCELLATION POLICIES, PER CASE, TO SERVE THE CUSTOMER, SHOULD THE NEED ARISE. THE FINAL DECISION LIES WITH THE HOTEL OR SERVICE PROVIDER’S MANAGEMENT TEAM, NOT US AS A TRAVEL AGENCY. THEY WILL TAKE INTO ACCOUNT FACTORS SUCH AS RESELLING OF ROOMS, OR TIME OF YEAR, OR LOSS OF REVENUE.

THESE NEGOTIATIONS ARE MERELY AN OFFER TO MINIMIZE COSTS TO OUR CLIENTS, BUT UNDER NO CIRCUMSTANCES IS IT UP TO US AS A TRAVEL AGENCY WHAT THE FINAL DECISION WILL BE IF EXISTING CANCELLATION POLICIES FROM OUR SUPPLIERS WILL BE WAIVERED OR REDUCED.

WE OPERATE WITHIN THE RULES OF LAW AND ETHICAL NORMS OF OUR NATION, AND CANNOT PUT UNDUE PRESSURE ON A SERVICE PROVIDER TO REFUND MORE THAN IS STIPULATED IN THEIR CANCELLATION POLICIES AND TERMS AND CONDITIONS.

11) PRIVACY POLICY:

11.1) ALL INFORMATION RECEIVED IN THE BOOKING FORM, ON PAYMENT FORMS, AND CORRESPONDENCE VIA EMAIL WILL BE TREATED WITH STRICTEST CONFIDENTIALITY.

11.2) NO UNSOLICITED EMAILS, SPAMMING OR USAGE OF THE CLIENTS INFORMATION OTHER THAN FOR THE PURPOSES OF DIRECT COMMUNICATION RELATING TO THE CLIENTS TRAVEL NEEDS, WILL BE ENTERED INTO.

11.3) CLIENT’S INFORMATION WILL NOT BE SOLD, OR PASSED ONTO ANY THIRD PARTIES FOR USAGE IN DATABASE PROMOTIONAL ACTIVITIES OR MARKETING.

  1. Introduction and Acceptance

1.1 Please read these terms of use carefully before using bestsafariafrica.com (hereinafter, “us”, “we”, or “Tourism That Cares” or “bestsafariafrica.com”). By accessing and/or using bestsafariafrica.com (other than to read these terms of use for the first time) you are agreeing to comply with these terms of use, which may change from time to time. if you do not agree to be bound by these terms of use, please do not access or use bestsafariafrica.com.

 

1.2 You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of bestsafariafrica.com and the materials and information available on the same platform.

 

1.3 In addition to these Terms of Use, bestsafariafrica.com has established a Booking Terms and Conditions document to explain what the booking and information gathering methods used by Tourism That Cares entail. A copy of this document can be found here: { https://tourismthatcares.com/about-us/ } by scrolling to the bottom of the screen and clicking the drop-down menu, labelled “Booking Terms and Conditions”. Accessing or using any of our Websites, you are signifying your acknowledgement and agreement to bestsafariafrica.com’s Terms and Conditions and Terms of Use.

 

  1. Intellectual Property

2.1 bestsafariafrica.com and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, lodge owners, or our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Websites are owned by us, lodge owners, our licensors, or both. You shall not acquire any right, title or interest in our Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

 

  1. com Access and Use

3.1 When accessing our Websites, including without limitation to the Website Content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

 

3.2 Furthermore, except as expressly permitted in these Terms of Use, you may not:

 

3.2.1 remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on bestsafariafrica.com or Website Content;

3.2.2 circumvent, disable or otherwise interfere with security-related features of our Websites including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Websites or Website Content;

3.2.4 use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our Websites or Website Content for any purpose without the express written permission of Tourism That Cares. Notwithstanding the foregoing, bestsafariafrica.com grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. bestsafariafrica.com reserves the right to revoke this permission (generally or specifically) at any time;

 

3.2.5 collect or harvest any personally identifiable information from our Websites including, without limitation, user names , passwords, email addresses;

3.2.6 attempt to or interfere with the proper working of our Websites or impair, overburden, or disable the same;

 

3.2.7 decompile, reverse engineer, or disassemble any portion of any our Websites;

 

3.2.8 use network-monitoring software to determine architecture of or extract usage data from any of our Websites;

 

3.2.9 encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity,

 

3.2.10 violate South African export laws,

 

3.2.11 engage in any conduct that restricts or inhibits any other user from using or enjoying our Websites.

 

3.3 You agree to cooperate fully with bestsafariafrica.com to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

 

  1. Content Policy

4.1 Tourism That Cares represent, warrant, and covenant that we will not submit any Content that:

 

4.2 violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

 

4.3 impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;

 

4.4 encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

4.5 Furthermore, all images and logos of lodges, hotels or product related imagery are all used on the basis of Tourism That Cares’ ongoing relationships and trade agreements between the lodge or hotel owners. Images may, therefore, be copied from said lodge owner or hotel owner’s website for use in Website pages and packages, for the sole purpose of promoting and reselling the property, without retrieving written consent. We will NOT accept any credit for the capturing of these images. Moreover, all other images (I.E wildlife, non-product related images) displayed on our Websites are all cleared of copyrights, and the photographer has agreed, via 3rd party stock image corporations, to allow our commercial use of these images. We will once more, NOT accept credibility for these images.

4.6 Website Content & Third Party Links

4.7 We provide our Websites and Website Content, for the promotion of selected travel packages, lodges, and hotels.

4.8 In many instances, Website Content will include content from general and commonly known facts around a specific lodge or hotel, or destination. These facts are derived from first-hand experience or supplier websites and catalogues.

4.9 Our Websites may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

 

  1. Indemnification

5.1 You agree to indemnify and hold harmless Tourism That Cares and its officers, directors, employees, parents, partners, successors, agents, supply partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise through your use of this Website.

 

  1. Disclaimers

6.1 YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITES IS AT YOUR SOLE RISK. OUR WEBSITES AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, TOURISM THAT CARES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, SUPPLY PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITES OR ACCESSED THROUGH ANY OF OUR WEBSITES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES; (6) WARRANTIES THAT YOUR USE OF THE WEBSITES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

  1. Limitation on Liability

7.1 UNDER NO CIRCUMSTANCES SHALL TOURISM THAT CARES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, SUPPLY PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TOURISM THAT CARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITES INCLUDING, WITHOUT LIMITATION, THE USER IS TO STOP USING OUR WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR WEBSITES OR ANY LINKS ON OUR WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR WEBSITES OR ANY LINKS ON OUR WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITES.

 

7.2 In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

 

  1. Termination

8.1 We reserve the right in our sole discretion and at any time to terminate or suspend and/or block your access to our Websites for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Tourism That Cares shall not be liable to you or any third party for any termination or suspension or for blocking your access to our Websites.

 

  1. Copyright Policy

9.1 bestsafariafrica.com respects the intellectual property rights of others and expects its users to do the same. Additionally, in appropriate circumstances and in its sole discretion, bestsafariafrica.com may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.

 

9.2 We will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). bestsafariafrica.com’s Designated Agent is:

 

Physical Mail:

Attn: Tourism That Cares Collection

M5 Place, Hibiscus Street, Durbanville, Western Cape 7550, ZA

 

Phone: +27 21 976 0099 or +27 21 975 8865

Email: [email protected]

 

9.3 If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

 

9.4 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

9.5 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

9.6 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

 

9.7 Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

 

9.8 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

9.9 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

9.10 We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

 

  1. Amendment; Additional Terms

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Websites or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Websites generally, unique parts of our Websites, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

 

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Websites or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Websites from time to time for any changes or Additional Terms. Your access and use of any our Websites following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate immediately and discontinue use of our Websites.

 

  1. Miscellaneous

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

 

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

 

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Bestsafariafrica.com may assign these Terms of Use or any rights hereunder without your consent and without notice.

 


The Terms & conditions were last updated on March 24, 2022

1. Introduction

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

3. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

3.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

4. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

5. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

6. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

7. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

8. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

  • this website or our content will meet your requirements;
  • this website will be available on an uninterrupted, timely, secure, or error-free basis.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

9. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

10. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of South Africa.

11. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

12. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

13. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

14. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

15. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

16. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

17. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Adrian Lange in relation to your use of this website.

18. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

19. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of South Africa. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of South Africa. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

20. Contact information

This website is owned and operated by Adrian Lange.

You may contact us regarding these Terms and Conditions through our contact page.

21. Download

You can also download our Terms and Conditions as a PDF.