TERMS AND CONDITIONS: V1.1

1. Introduction

Welcome to Africabig5safaris and Tours (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at Africabig5safaris.com (together or individually “Service”) operated by Africabig5safaris and Tours.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing support@africabig5safaris.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing support@africabig5safaris.com.

3. Purchases and Bookings

How to handle your booking

Contact us!

Africabig5safaris and  Tours will do its best to accommodate any changes to travel arrangements at this time. We accept that the travel restriction imposed to contain the COVID-19 virus is a bone fide reason to postpone or cancel your trip.
We urge our clients to postpone rather than cancel their bookings to save money as the South African tourism industry is not in a position to refund the full price of bookings.

All postponements and cancellations must be made in writing and agreed upon between the client and Africabig5safaris and  Tours.

EXTEND or POSTPONE YOUR TOUR ** HIGHLY RECOMMENDED

NO FEE will be charged if a day tour or overnight tour is postponed.
A booking that is postponed may be redeemed in 2025 / 2026 /2028 subject to availability of accommodation.

Please note:
Depending on when you re-book your tour, there may be an increase in the tour price to cover the 2024/25 /  price increases.

**Booking Procedure**

Confirmation of a booking is made in writing via email once it is agreed upon by the client and the Africabig5safaris and Tours agent. A 100% non-refundable deposit is required within 48 hours of written confirmation. Where applicable, the balance of the payment is required 30 days prior to departure. No quotation issued by Africabig5safaris and Tours and accepted by the client (provisional or final), or booking made (provisional or final) shall be binding until a final invoice has been issued and full payment is received by Africabig5safaris and Tours. 

3.1 NON-REFUNDABLE DEPOSIT

All Africabig5safaris and  Tours require a 100% non-refundable deposit to the value of 50% of the total tour price. A non-refundable deposit is required to secure the booking of a tour. Full payment of the non-refundable deposit is required on written confirmation of the booking. 

**Tour Pricing**

Tour prices are quoted in South African Rands (ZAR). The total payment for a confirmed booking must match the quoted amount in Rands for the tour. When making an electronic payment (EFT or SWIFT) to Africabig5safaris and Tours, consider banking fees and foreign exchange rates. Prices on the website and in marketing materials are indicative and may change without notice. The price quoted in the written confirmation of a booking is binding. 

3.2 CANCELLATION & REFUND POLICY FOR MULTI-DAY AND LONG-STAY TOURS

Cancellation of a booking must be made in writing after it is agreed upon between the client and the Africabig5safaris and  Tours agent. Written confirmation may be emailed directly to the Africabig5safaris and  Tours agent.

All Africabig5safaris and  Tours require a 100% non-refundable deposit for a long-stay tour to the value of 50% of the tour price.

Full payment is required upon confirmation of booking. Where applicable, the balance of payment is due 40 days prior to the departure date.

Tour prices are quoted in South African Rands.

Africabig5safaris and  Tours cancellation and refund policy for multi days and long stays

60-50 days:         50% refund of payment EXCLUDING non-refundable deposit

49-40 days:         25% refund of payment EXCLUDING non-refundable deposit

39 days or less: 0% refund of payment EXCLUDING non-refundable deposit

In case of NO SHOW on the date of tour departure, the client forfeits 100% of the total payment

3.3 CANCELLATION & REFUND POLICY FOR DAY TOURS

Africabig5safaris and  Tours has an amenable cancellation and refund policy for bookings for day tours. Cancellation of a day tour booking must be made in writing after it is agreed upon between the client and the Africabig5safaris and  Tours agent. Written confirmation may be emailed directly to the Africabig5safaris and  Tours agent.

Standard cancellation and refund policy for day tours

full refund if a day tour is cancelled due to extreme weather conditions

30-day notice: client forfeits 20% of full payment

20-day notice: client forfeits 50% of full payment

7-day notice: client forfeits 100% of full payment

3.4 INCLUSIONS AND EXCLUSIONS

Inclusions and exclusions are strictly as specified in the chosen tour itinerary. Any changes made must be agreed upon between the client Africabig5safaris and the agent and confirmed in writing.

3.5 INDEMNIFICATION

You agree to indemnify and hold harmless Africabig5safaris and  Tours, its owner, directors, employees, agents and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, but not limited to, reasonable attorney’s fees) directly or indirectly related to (1) the tour, (2) your breach of the Terms and Conditions; and (3) the user content you submit, post or transmit through the website and via email to Africabig5safaris and  Tours, its owner, employees, agents and affiliates.

An indemnity form for each person within the travel group must be completed, signed, and returned to the Africabig5safaris and  Tours agent prior to the tour departure date. If Africabig5safaris and  Tours has not received the indemnity form(s) before the date of departure, we reserve the right to cancel the booking with no obligation to refund the client his/her payment.

3.6 TRAVEL DOCUMENTS AND VISAS

It is the sole responsibility of the client to obtain a visa(s) required for entry into South Africa and arrive at the port of entry with the correct legal documents required by the South African regulations.

This includes a valid passport that has at least two (2) blank pages for stamps and does not expire within six (6) months of your date of departure from the country; a valid visa and certificate of vaccinations if required; and an unabridged birth certificate for children 18 years and younger if required.

Africabig5safaris and  Tours, its owner, employees, agents, and affiliates are not liable to refund the cost of the tour if you are denied entry into the country for whatever reason.

3.7 TRAVEL AND MEDICAL INSURANCE

It is strongly recommended that clients obtain adequate insurance against cancellation, loss of baggage, medical evacuation, medical expenses, and the unforeseen misfortune of Africabig5safaris and  Tours being deemed insolvent before the safari departure date.

3.8 PERSONAL INJURY OR LOSS OF LIFE

Africabig5safaris and  Tours, its owner, directors, employees, agents, and affiliates will be exempt from any liability, claims, or expenses incurred due to personal injury or loss of life while participating in any tour activity; staying in accommodation pre-selected for the tour; and in transit with Africabig5safaris and  Tours, a supplier or third-party vehicle, an airplane or any other mode of transport pertaining to a booking made with Africabig5safaris and  Tours.

3.9 SAFETY WARNINGS

The safety of clients is a priority of Africabig5safaris and  Tours but it is your responsibility to adhere to the rules and regulations of the country you are visiting and specifically the area that you are visiting. This includes rules and regulations pertaining to safety on safari tours where you will encounter wild animals and participate in outdoor activities where there is a degree of risk for injury and loss of life.

You are responsible for ensuring your safety and well-being in transit to tour destinations, including wearing a seatbelt; exploring tourist attractions, including staying with the tour group and not being separated; and at your accommodation establishment, including avoiding drunkenness, lewd behavior, and general misbehavior that could result in you being arrested or harmed.

3.10 HEALTH WARNINGS

It is your responsibility to familiarise yourself with health warnings pertaining to the country in general and specifically to the tour destinations. This includes regions that are medium-to-high-risk malaria areas.

It is strongly recommended that you take anti-malaria tablets if you are traveling to a malaria area in Africa. Consult your doctor or a reputable travel clinic for advice and a prescription for anti-malaria tablets if needed before departing for your tour in Africa. Ensure that you and the minors in your care are up-to-date with the required travel vaccinations.

3.11 STOLEN OR LOST LUGGAGE

The safekeeping of your luggage and personal belongings is entirely your responsibility. Africabig5safaris and  Tours will do what it can to assist its clients in keeping luggage and personal belongings safe and will assist in trying to find luggage that is lost in transit. However, Africabig5safaris and  Tours cannot be held liable for stolen and lost luggage.

3.12 CHILD POLICY

Many of the accommodation establishments that Africabig5safaris and  Tours books for tours have a strict child policy. It is your responsibility to disclose the age of each child in the traveling group to the Africabig5safaris and  agent and confirm that he/she is the appropriate age for tour accommodation. Africabig5safaris and  Tours cannot be held liable for an accommodation establishment refusing entry to an under-aged child where a child policy is strictly enforced.

Africabig5safaris and  Tours reserves the right to request a copy of a birth certificate for any child in the tour group who is confirmed to be 12 years or younger.

A children’s rate is available on request. Not all accommodation establishments offer a reduced rate for children but where applicable, Africabig5safaris and  Tours will confirm in writing at what rate a child 12 years and younger will be charged.

3.13 CHILDREN ENTRY REQUIREMENTS

The South African Department of Home Affairs has strict requirements that govern children traveling through South African ports of entry. These requirements differ depending on whether a child is traveling with both parents, one parent, or with a legal guardian.

It is your responsibility to have in your possession the correct legal documents required to enter South Africa with a child who is 18 years and younger. This responsibility is applicable not only to entry into South Africa but to any country in Africa that you will visit as part of your tour.

If you cannot produce the correct legal documents for a child on arrival at any port of entry, the Department of Home Affairs states they reserve the right to prohibit entry. Africabig5safaris and  Tours, its owner, employees, agents, and affiliates cannot be held liable if any member of a travel group is denied entry into a country due to not being able to produce the correct legal travel documents.

3.14 CHILDREN ON SAFARI TOURS

It is important to note that there are strict rules governing children being allowed on open safari vehicles for daily game drives and participating in guided bush walks. Africabig5safaris and  Tours is informed by the recommendations of the Field Guides Association of South Africa (FGASA) that (1) children 6 years and younger are not permitted on an open safari vehicle for game drives and (2) the minimum age for a guided bush walk is 16 years and older.

It is your responsibility to notify the Africabig5safaris and  Tour agent of any child in the travel group who will be participating in daily safari tours and confirm whether he/she is of the right age to be allowed on the open safari vehicle for daily game drives and join the guided bush walks.

3.15 DEPARTURE TIMES

Africabig5safaris and  Tours, its owner, employees, agents, and affiliates cannot be held liable for delayed flights or transfers that negatively affect a tour booked through the company. Suppliers that provide transfer services for our tours adhere to strict departure and arrival times and may be forced to leave without a client(s) who has been delayed en-route to the collection point.

The client is liable for the additional cost in this case if Africabig5safaris and  Tours needs to organize a private transfer or book an extra day to make up for time lost on the tour.

It’s strongly recommended that you phone the Africabig5safaris and  Tours agent a day prior to departure to confirm your pick-up time. Likewise, the Africabig5safaris and  Tours agent will notify you of a change in the collection time caused by unforeseen circumstances.

3.16 MISSED CONNECTING FLIGHTS

It is strongly advisable that you take into account unforeseen delays that may affect onward travel. This includes traffic congestion, roadworks and vehicle breakdowns that would result in the transfer vehicle arriving later than expected at the drop-off point on the last day of a tour.

It’s strongly recommended that you book your connecting flight(s) for the day after the tour ends and book accommodation that night close to the airport from which you will be departing.

3.17 CHANGES TO ITINERARIES

Africabig5safaris and  Tours, the owner, employees, agents, and affiliates will be excused for circumstances beyond their control that result in a tour being delayed or canceled. This ranges from natural disasters including extremely bad weather and fires; to political unrest or instability including riots and violent protests; and air, cruise, or ground travel disasters.

It is your responsibility to notify the Africabig5safaris and  Tours agent and confirm in writing any changes you personally make to the itinerary whilst on tour. You are liable for any cost(s) incurred for changes made. If you choose to forfeit an activity such as a daily safari tour or an excursion that is specified in the itinerary and has been paid for in advance, Africabig5safaris and  Tours will not provide you with a refund.

Any changes you would like made to the tour itinerary must be discussed and agreed upon with the Africabig5safaris and  Tours agent and confirmed in writing. Africabig5safaris and  Tours will endeavour to accommodate changes where possible but only if advanced notice is given and agreed upon, and reserves the right to adjust the final tour price to oblige such changes.

3.18 CHANGES TO ACCOMMODATION

Africabig5safaris and  Tours reserves the right to change an accommodation establishment specified in a tour itinerary if deemed unsuitable or unsafe for clients. This might occur through a change of ownership, declining standards of service or the area becoming unsafe.

3.19 MODIFICATIONS TO THE TERMS & CONDITIONS

Africabig5safaris and  Tours reserves the right to make changes to these Terms & Conditions from time to time at its sole discretion. As soon as this webpage is updated, the changes become effective.

3.20 USE OF THE AFRICABIG5SAFARIS AND  TOURS WEBSITE

You may only use the Africabig5safaris and  Tours website to browse the content, compare tour options, and obtain an indication of prices. Details of the final tour itinerary and price is only binding when agreed upon between the client and the Africabig5safaris and  Tours agent and confirmed in writing.

The content provided on this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. It remains the copyright property of Africabig5safaris and  Tours.

3.21 PRIVACY POLICY

Africabig5safaris and  Tours is committed to protecting its clients’ privacy. All information gathered from the online forms on our website is used to personally identify users who subscribe to the service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service.

None of the information will be sold or made available to anyone. The official Africabig5safaris and  Tours website may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access our website; the pages that you access while at the website and the Internet address of the website from which you linked directly to our website.

This information is used to help improve our website, analyze trends and administer the website. By using our website, you signify your acceptance of our Privacy Policy. If you do not agree with this policy, please refrain from using our website.

3.22 SECURITY POLICY

Virtual Card Services processes all credit card transactions. All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted. The company registration documents and the Site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.

Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.

The Merchant does not have access to credit details.

Virtual Card Services continually reviews and enhances its security in line with technological changes.

3.23 LAW GOVERNING TERMS & CONDITIONS

These Terms & Conditions are exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Africabig5safaris and Tours cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting support@africabig5safaris.com customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide Africabig5safaris and Tours with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Africabig5safaris and Tours to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Africabig5safaris and Tours reserves the right to terminate your access to the Service with immediate effect.

6. Free Trial

Africabig5safaris and Tours may, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”).

You may be required to enter your billing information in order to sign up for a Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Africabig5safaris and Tours until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Africabig5safaris and Tours reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

7. Fee Changes

Africabig5safaris and Tours, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Africabig5safaris and Tours will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds

We issue refunds for Contracts within 30 days of the original purchase of the Contract.

9. Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third-party posts on or through the Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Africabig5safaris and Tours has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of Africabig5safaris and Tours or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate a Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of the Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify the Company’s rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

12. No Use by Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.

13. Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

14. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Africabig5safaris and Tours and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Africabig5safaris and Tours.

15. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@africabig5safaris.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

16. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@africabig5safaris.com.

17. Error Reporting and Feedback

You may provide us either directly at support@africabig5safaris.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

18. Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Africabig5safaris and Tours.

Africabig5safaris and Tours has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

19. Disclaimer of Warranty

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

22. Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, which governing law applies to an agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

23. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

24. Amendments to Terms

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

25. Waiver and Severability

No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

26. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

27. Contact Us

Please send your feedback, comments, and requests for technical support by emailing: support@africabig5safaris.com.