1. WORDS AND PHRASES USED IN THESE CONDITIONS
In these conditions, ‘the Company’, ‘we’, ‘us’ are trading names of Safari Drive Limited. ‘You’ and ‘your’ means all persons named on the booking (including the person who makes the booking and anyone who is added or substituted at a later date), ‘party leader’ means the person who makes the booking and ‘force majeure’ has the meaning referred to in section 11 below.
2. BOOKING AND DEPOSITS
Once you have chosen your arrangements, the party leader needs to complete our booking form together with payment of the deposit advised at the time of booking (or full payment if booking within 8 weeks of departure) and all applicable insurance premiums (if the insurance we offer is required) in order to make your booking. Providing we are in a position to do so; we will confirm your booking by issuing a written confirmation. A contract between you and the Company will only come into existence when we do so and not before. Acceptance of any booking is entirely at our discretion. Should we not accept any booking we will refund any deposit or other payment received. In any other case, the deposit and any other payment will be refundable only in accordance with these conditions.
3. YOUR CONFIRMATION
Please check your confirmation carefully as soon as you receive it as it sets out the services we have agreed to arrange or provide for you. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is a good reason why you did not tell us about it within these time limits.
4. TERMS OF PAYMENT
Payment of the full price of the holiday, including any additional charges shown on any supplementary invoice, are payable by the date is shown on confirmation/invoice (i.e. 8 weeks prior to the date of departure or at the time of booking if within that period). Surcharges may be levied in accordance with cl 5 below. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to treat your booking as cancelled by you with effect from the date we reasonably so treat it. In this case, cancellation charges will be payable as set out in cl X. For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your holiday with us will be held on our behalf until they are paid to us or refunded to you. For bookings which do not include flights, all monies you pay to such an agent for your holiday with us will be held by the agent on your behalf until we issue our confirmation of your booking. After that point, the agent will hold the monies on our behalf.
5. SPECIAL REQUESTS AND MEDICAL PROBLEMS / DISABILITIES
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable request on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed it in writing. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as ‘standard’ bookings subject to the above provisions on special requests.
If you or any member of your party has any medical problem or disability which may affect your holiday, please let us know before you confirm your booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
6. TRAVEL INSURANCE
You must ensure against your own cancellation and for the medical and personal accident (including local and international repatriation) and all other usual travel risks. It is your responsibility to ensure that the insurance cover you purchase is suitable and sufficient for your particular needs and covers all aspects of your holiday including driving hire vehicles in Africa and any other activities you intend to participate in.
7. PRICES AND SURCHARGES
Prices may be changed, and errors corrected at any time before your holiday is confirmed.
Once the price has been confirmed at the time of booking, we will only increase or decrease it if transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports change or our costs change as a result of fluctuations in the exchange rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges) will we levy a surcharge. If any surcharge is greater than 8% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in cl 8 ‘Cancellation and Alteration by the Company’.
You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 8 below. If we do not hear from you within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday. A refund will only be payable if any decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
8. CANCELLATION AND ALTERATION BY THE COMPANY
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in website, brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours*, a change of UK departure point to one which is more inconvenient for you* (*in both cases only applicable where your contracted arrangements with us include transport to and from the UK) and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday.If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel, we will pay you the compensation set out below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.Period before departure a significant Compensation change or cancellation is notified to you per person
More than 55 days................................................................................................ NIL
29 - 55 days........................................................................................................... £20
15 - 28 days........................................................................................................... £35
0 - 14 days............................................................................................................. £50
Very rarely, we may be forced by “force majeure” (see clause 11) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.
9. CANCELLATION BY YOU
Notice of cancellation by you must be made in all cases in writing by the person who completed the booking form. Cancellation is effective from the date of receipt by the Company of such notice. If cancellation notice is received by the Company 56 days (8 weeks) or more before the departure date, each person cancelling will forfeit their deposit and any alteration charges. If cancelling less than 56 days (8 weeks) before departure the following percentage of the total holiday price of the person(s) cancelling will be payable as a cancellation charge based on the period before departure, we receive your written cancellation notice.
56–42 days: 40%
41 – 31 days: 60%
30 – 0 days: 100%
Should payment of the holiday cost not have been made in full when you cancel then you must pay the cancellation charge within 7 days of notification of cancellation even where you have an insurance policy which may cover the cancellation. It is for you to claim any insurance money due to the insurers direct. For partial cancellation of a booking, please also see clause 10.
If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified 14 days before departure and provided with appropriate evidence of the reason the person concerned is prevented from travelling. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £25 must be paid before the transfer can be affected. For flight inclusive bookings, you must pay the charges levied by the airline concerned. Most airlines do not permit name changes after tickets have been issued for any reason; these charges are likely to be the full cost of an alternative flight.
10. ALTERATIONS BY THE CLIENT
If you need to change or cancel, timings, flights, accommodation, dates or names of party members from those originally confirmed by the Company 42 days (6 weeks) before departure the Company reserves the right to charge £25 per alteration required together with all costs and charges incurred by the Company or incurred or imposed by any of our suppliers where it is possible to make the change.
Where confirmed services are cancelled, the supplier’s cancellation charges will be payable in addition to the £25 alteration fee. The Company reserves the right to re-calculate the holiday price for the remaining party members in the event of partial cancellation. If you choose to modify your arrangements after the commencement of the holiday eg. change accommodation or duration of stay you will be deemed to be breaking your contract with the Company. The Company cannot, therefore, accept liability for any loss, damage or additional expenses and no refunds for unutilised services or arrangements will be made.
11. FORCE MAJEURE
Except where otherwise expressly stated in these conditions, the Company cannot accept liability or pay any compensation where the performance - or prompt performance - of our obligations under our contract with you is prevented or affected by “force majeure”.
In these conditions, “force majeure” means any event which the Company or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, disease, pandemics, adverse weather conditions, fire and all similar events outside our control.
12. LIABILITY OF THE COMPANY
a) Subject to these conditions and to the information contained in the literature we send you, we promise to make sure that all services we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. This means, subject to these conditions and the information contained in our literature, we will accept responsibility if contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers who use reasonable skill and care in arranging, performing or providing, as applicable, the contracted service in question.
Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting in the course of their employment (our employees) or carrying out work we had asked them to do (agents and suppliers).
b) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
i) the act(s) or omission(s) of the person(s) affected or any member(s) of their party; or,
ii) the act(s) or omission(s) of a third party not connected with the provision of your holiday which we could not have predicted or avoided; or,
iii) force majeure as defined in clause 11.
In addition, we will not be responsible for any losses, expenses, costs or other sums you suffer which relate to any business activity. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier or agent agrees to provide for you where the services or facilities are not advertised or referred to by us in our literature and we have not agreed to provide or arrange them.
c) We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. The maximum amount we will have to pay you if we are found liable to you on the basis that everything has gone wrong and you have not received any benefit at all from your holiday is the value of your holiday. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money and/or event tickets), the maximum amount we will have to pay you is £50 per person affected as you are assumed to have taken out adequate insurance at the time of booking. Please also see subclause (e) below.
d) Where any claim or part of a claim relates to any travel arrangements (including the process of getting on/off the transport concerned) provided by any sea, rail or road carrier, the maximum we will have to pay you in respect of that claim or that part of a claim if we are found liable to you on any basis is the maximum which would be payable by the carrier concerned under the applicable international convention (for example, Athens Convention for international travel by sea, Warsaw Convention, as amended or unamended and the Montreal Convention for international travel by air) in that situation. Where the carrier would not be obliged to make a payment under international convention, we are similarly not obliged to make a payment. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the conventions are available on request.
e) Please note many of the services which make up your holiday are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 12 d) above).
f) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.
13. YOUR CONTRACT
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the AITO arbitration scheme (if the scheme is available for the claim in question – see below) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
14. COMPLAINTS AND DISPUTES
If you have a complaint, you should contact the Safari Drive UK office immediately. Disputes arising out of or in connection with this contract which cannot be amicably settled may (if you wish) be referred to arbitration under a scheme administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £2500 per person. There is a limit of £10,000 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness, or the consequences of such injury or illness. The rules of the scheme provide that the arbitration must be made within nine months of the date of the holiday, but in special circumstances, it may still be offered outside the period. Contact us for full details.
Any complaints must be notified when they occur directly to Safari Drive. The use of the SD satellite telephone is free to use to all SD bases and to the UK and we need to know asap of any problems with the client’s journey. This enables us to put right any problems on your holiday and ensures that the rest of your trip is not compromised. Any Complaint notification after the completion of the holiday will be referenced to this procedure.
15. WILD ANIMALS AND OTHER HAZARDS
Please be aware that your safari will take you to remote areas and may bring you into close contact with wild animals and other hazards, natural and man-made. The Company cannot be held responsible in the unlikely event that an attack should take place, or you encounter any other hazard. It is the responsibility of the Client to ensure their own safety and the Company, it’s nor their employees, nor their agents and suppliers cannot be held responsible for any attack, injury, death, loss/damage of personal possessions, or accident or other events of any description which may occur during the safari. Medical assistance may be difficult to obtain / a considerable distance away and may be limited when reached.
16. PHOTOGRAPHS
These are intended to give an overall impression rather than details of a specific place.
17. TRAVEL DELAYS AND FLIGHTS
Flight times are provided by Airlines and are subject to change because of such matters as air traffic control restrictions, weather conditions and technical problems. Flight timings are therefore estimated only and cannot be guaranteed. The Company will not be liable if a flight is delayed. Under the Denied Boarding Regulation (EU 261/2004), if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline”s duty to look after you. This means providing food, drinks, and some communications. If you are delayed overnight, this also means a hotel and travel to and from it. Full details of these rights will be publicised at EU airports and available from airlines. If the airline does not comply with these rules, you should complain to the Civil Aviation Authority at www.caa.co.uk/passengerrights. We have no liability to you in these circumstances whatsoever and your claim for this assistance and any compensation must be made directly to the airline. Liability of an airline under EU 261/2004 will not entitle you to a refund of your holiday price from us. In addition, the Client may be entitled to claim under the flight delay section of the Company’s recommended travel insurance policy. As between the Client and any individual airlines, the airline”s standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international Conventions. Copies of these Conventions are available from the Company on request.
18. CONDITIONS OF VEHICLE HIRE
The below is for Safari Drive vehicles only.
(i) Drivers must be over 25 years old.
(ii) Our rates include third party cover.
(iii) Our rates include comprehensive vehicle damage insurance, with options available to the hirer to reduce the excess.
(iv) GBP 4000 represents our standard excess amount & is your maximum liability in the event of anything happening to the vehicle and/or its equipment while it is in your possession (including damage to tyres including punctures, windscreen, windows and lights) however the damage is caused.
PLEASE NOTE: If you roll a vehicle, if it is lost or stolen or if it is declared an insurance write off, you will be liable for the full standard excess amount of GBP 4000 no matter which excess option you have chosen.
(v) Should any damage or loss occur to the vehicle or equipment as a result of the direct or indirect negligent, wilful, reckless, or malicious use of the vehicle or equipment by the hirer or any other person, then the hirer shall reimburse the Company for all losses howsoever incurred, including any losses which any insurer refuses to cover.
(vi) The terrain through which you drive makes mechanical problems/breakdowns impossible to avoid. In the event of mechanical defect/breakdown or accident, the Company will do its best to repair and/or replace the vehicle at its entire discretion.
(vii) The Company will not pay any refunds, expenses, compensation or other sums in respect of the client for any loss of use of its vehicles or loss of / affect on holiday, due to mechanical defect/breakdown/accident affecting any vehicle providing an operational vehicle was provided at the outset of the holiday.
(viii) Water Damage. The hirer is 100% liable for all water damage to the vehicle.
Accidents: All accidents must be reported to Safari Drive’s in-country representative and the local police within 24hrs. Failing to report accidents voids all insurance cover and the client becomes fully liable for all costs.
If during the rental period the vehicle is involved in an accident or collision or is lost or the vehicle or any part of it is stolen, the client shall take every reasonable precaution to safeguard the interests of Safari Drive, including where appropriate, but not limited to, obtaining the name and address of everyone involved and of possible witnesses: co-operating with Safari Drive in the investigation, the making and/or defence of any claim action relating to the incident (including the making of a sworn statement if the client is requested to do so). If the rental vehicle is involved in an accident or is not drivable due to mechanical breakdown, a replacement vehicle will be collected/delivered if available.
19. TRIP PARTICIPATION AND CLIENT RESPONSIBILITY
You agree to accept the authority and decisions of our employees, Trip Leaders and agents whilst on a trip with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip without refund or recompense.
20. FLIGHT INFORMATION (FOR FLIGHT INCLUSIVE BOOKINGS)
The flight timings given on booking and detailed on your confirmation invoice are for general guidance only and are subject to change. The latest timings will be shown on your tickets which will be dispatched to you approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as possible if this occurs.
We are required to bring to your attention the existence of a list of airlines which are subject to an EU operating ban. We will advise you of your operating airline at the time of booking or as soon as we become aware of it if later. Any change of airline, aircraft type (if advised) and/or airport of destination will not entitle you to cancel or change to other arrangements without paying our normal charges except as set out below.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 8 (Cancellation and alteration by the Company) will apply.
21. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
It is your responsibility to ensure that you have the correct documents and vaccinations for travel.
Passport, visa and health requirements may change, and you must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to.
Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
22. FINANCIAL SECURITY
Your Financial Protection: The Association of Bonded Travel Organisers Trust Limited(ABTOT) provides financial protection under ABTOT and The PackageTravel and Linked Travel Arrangements Regulations 2018 for Safari Drive, (ABTOTnumber 5313) in the event of insolvency, protection is provided for non-flightinclusive packages.
ABTOT cover provides for a refund in the event you have not yettravelled or repatriation if you are abroad. Please note that bookings made by customers outside the EU are only protected by ABTOT when purchased directlywith Safari Drive.
In the unlikely event that you require assistance whilst abroad due to ourfinancial failure, please call their 24/7 helpline on 01702 8211397 and advise youare a customer of an ABTOT protected travel company.
You can access the The Package Travel and Linked Travel ArrangementsRegulations 2018:
https://www.legislation.gov.uk/uksi/2018/634/contents/made
23. TRAVEL DELAYS AND FLIGHTS
Flight times are provided by Airlines and are subject to change because of such matters as air traffic control restrictions, weather conditions and technical problems. Flight timings are therefore estimated only and cannot be guaranteed. The Company will not be liable if a flight is delayed. Under the Denied Boarding Regulation (EU 261/2004), if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline’s duty to look after you. This means providing food, drinks, and some communications. If you are delayed overnight, this also means a hotel and travel to and from it. Full details of these rights will be publicised at EU airports and available from airlines. If the airline does not comply with these rules, you should complain to the Civil Aviation Authority at www.caa.co.uk/passengerrights. We have no liability to you in these circumstances whatsoever and your claim for this assistance and any compensation must be made directly to the airline. Liability of an airline under EU 261/2004 will not entitle you to a refund of your holiday price from us. In addition, the Client may be entitled to claim under the flight delay section of the Company’s recommended travel insurance policy. As between the Client and any individual airlines, the airline’s standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international Conventions. Copies of these Conventions are available from the Company on request.
24. TRIP PARTICIPATION AND CLIENT RESPONSIBILITY
You agree to accept the authority and decisions of our employees, Trip Leaders and agents whilst on a trip with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip without refund or recompense.
Please read these conditions carefully. We want you to be satisfied with your holiday. On signing the booking form, you will have warranted that you have read and accepted these conditions both on your behalf and all persons named on the booking. It is essential and a condition of our contract that you also carefully and thoroughly read and abide by all the information we provide you with at any stage for your own safety and security. This information also forms part of our contract where it relates to your confirmed holiday arrangements.
Terms and Conditions of www.safaridrive.com
These Terms govern the use of this Website, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
Safari Drive Ltd
Owner contact email:xandi@safaridrive.com
What the User should know at a glancePlease note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
Content on this Website
Unless where otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document. Rights regarding content on this Website - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge. Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms; infringe any third-party rights; considerably impair the Owner’s legitimate interests; offend the Owner or any third party.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.Intellectual property rightsWithout prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.Venue of jurisdictionThe exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.Exception for European ConsumersThe above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.Definitions and legal referencesThis Website (or this Application)The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.Business UserAny User that does not qualify as a Consumer.European (or Europe)Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We)Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
Service
The service provided by this Website as described in these Terms and on this Website.TermsAll provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.User (or You)Indicates any natural person or legal entity using this Website.ConsumerAny User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.
