All payments should be free from Bank Charges (for your convenience, the charges are calculated and added automatically in your transactions with us, EU customers Only). In addition to the terms mentioned below, we use terms and condition of every African company (country specific) that will be working with us in taking care of our clients through their journey of discovery Africa.
Postponements / reduced length of Stay / Reduced No of Clients: For any of the mentioned after the deposit has been done will result into the deposit being applied to the new itinerary .Lodges and permanent Tented camps have stricter loss of deposit policies that may force us to deduct any amount retained by them.
Cancellations:
Cancellations made 20 days prior to the start of your tour will only result to loss of the amount retained by the respective lodge / lodges / Tented camp booked for you.
Cancellations made 14-8 days prior to the start of your tour will result into a loss of 15% of your deposit from the company’s side plus the amount that will be retained by the lodge / lodges/ Tented camp booked for you.
Cancellations made 7 days prior to your tour will result into a loss of 30% of your deposit from the company’s side plus the amount that will be retained by the lodge / lodges/ tented camp booked for you.
Cancellations made 6-5 days prior to your tour will result into a loss of 50% of your deposit from the company’s side plus the amount that will be retained by the lodge / lodges / Tented camped booked for you.
Cancellations made 4 days and below prior to your tour will result into a loss of 100% of your deposit.
Note: All refunds made due to cancellations will be less bank charges.
Liability:
Africa Simplified acts as agents for hotels, transportation Services and facilities provided by other parties, firms or corporation and cannot be held responsible for delays, damage, injuries, loss, accident or change of itinerary which may occur through the negligence of any individual or company entrusted with such service. The rates quoted are subject to change without prior notice, confirm the rates quoted. All African Government fees are subject to change without notice e.g.; Park fees, Vat etc. Additional taxes, licenses or fees that are introduced after the publication of our current rate, Third party services or any other circumstances are beyond our control such as increase in accommodation fees, fuel etc.
Any additions such as the above mentioned that have been introduced after the publication of our current rate will be added into your safari/ Climb account. We will make every effort to notify you of changes as soon as possible. All fees are quoted in US Dollars. Africa Simplified cannot be held responsible should any airline discontinue flights on certain routing or change scheduled time tables resulting in missed connections etc. Should an amendment in a routing or itinerary be necessary we will requite you accordingly.
Force of Majeure:
The company will not accept any liability or pay any compensation in respect to delays or lack of performance affected by force of majeure. Force of Majeure means any event which the company has no control over and even in circumstance where all due care was taken the event could not have been avoided. This includes events such as war, threat of war, riot, civil strife, terrorist activity, natural disaster, adverse weather conditions, fire or similar events beyond the company`s control.
Insurance:
You are strongly advised to take adequate insurance against all risks for an adequate sum, for yourself, travel companions and family members to cover for the unseen travel issues such as cancellations, interruption, delays, lost/stolen/damaged travel documents and personal property, medical expenses and emergency transportation. Many areas in Africa are remote without access to medical facilities or rapid evacuation and assistance, the company does not undertake to provide medical care (except to call in flying doctors) and the company does not accept liability for any inadequate care provided. The company shall not be responsible for any injuries, damages or losses caused to any traveler in connection with dangers and risks inherent in sporting/adventure activities, climatic conditions, accidents or illness, terrorist acts, mechanical or construction failures or difficulties, social or labor unrest, local laws, abnormal conditions or developments, acts of God.
Who We Are
Welcome to the www.africasimplified.com website (“Website”, “website”, “Site” or “site”). This website, and its pages, the content(s), services and infrastructure(s) are owned, operated and provided by Africa Simplified (“Africa Simplified”, “Us”, “us, “We” or “we”) or other parties that are working with Africa Simplified. The website and all its content is provided for your personal, non-commercial use only, subject to the terms of usage as set out underneath. These terms of use (this “Agreement”) set forth the terms and conditions governing your use of this website.
Changes, Updates, Modifications to the Agreement (s)
We Africa Simplified and parties involved may make changes to these terms periodically or in any given time at our sole discretion. As soon as this page(s) (Terms & Condition, Privacy Policy, Website) are updated the changes become effective. Please review these terms (Website Pages) periodically. Your continued use of our website following the change of this Agreement will constitute your acceptance of any changes that are made.
Privacy
We describe our current practices related to personal identifiable data and other information collected through our website in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. You acknowledge to have read and agree to this privacy policy.
Usage of Content(S) and Information from User(s)
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data and other materials (“Content” or “content”) is available on the website. Some of the content is provided by us or our suppliers and other content is provided by persons who use our website (“User”, “user”, “Users” or “users”), such as user opinions and views provided via reviews, posts to chat rooms, blogs or message boards. While we strive to keep the content on our website accurate, complete and up to date- we cannot guarantee, and are not responsible for the accuracy, completeness, or timeliness of any content, whether provided by us, our suppliers, or by our users. Any opinions, advice, statements or other information expressed or made available by users or other third parties are those of the respective user or third party and not of us.
We don’t have any obligation to prescreen, edit or remove any content provided by users that is posted on or available through our website.
Notwithstanding the foregoing, we will have the right (but not the obligation), at our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove or move any such content.
User(s) Contents
User generated content (“User Content” or “user content”) is information provided by our users with an intent to be published on our website (e.g. writing a review or post in our boards). You, as our user, are responsible for all user content that you submit, post or otherwise make available to or through our website.
We don’t claim ownership of user content, but by submitting, posting or otherwise making available to or through our website, you automatically grant us the right to use your user content in any way we desire. This includes the non-exclusive, perpetual, transferable, irrevocable right, with the right of sublicensing and without any royalty or compensation in return, to use, reproduce, adjust, translate, distribute, publish, create derivate works, to disclose and duplicate the content in all now known media and future media. You agree we can decide if and how your user content is credited and you also agree the user content provided may be indexed by search engines such as Google. You also grant us, and any third party appointed by us, the right to take (legal) actions as it deems necessary for the protection of the (copy)rights of your user content, including, but not by way of limitation, to take (legal) action in the name and on behalf of you.
You agree not to submit, post or otherwise make available to or through our website any personally identifiable information about other people and/or abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated user content or any other material. You represent and warrant to us that such user content is not confidential and that you have all necessary permission to submit, post and otherwise make available such user content. You agree not to submit, post or otherwise make available to or through our website any commercial, advertising, promotional or spam-like user content or any other material. You also agree not to submit, post or otherwise make available to or through our website any user content that may violate any laws be it of your country, Germany, any other country or international law. Violating any of these conditions may lead to you being immediately and permanently banned- with notification to your Internet Service Provider if deemed required by us, and we could decide to take other legal action. You agree that we have the right to remove, edit, move or close your account and/or any user content at any time should we see fit.
Intellectual Property rights and Ownership
This website is owned by Africa Simplified. All rights and interest in the content available via the website, the website’s look and feel , the designs, trademarks, service marks and trade names displayed on the website and the website URL are the property of Africa Simplified or its licensors, and are protected by copyrights, trademarks, patents or other proprietary rights and laws. You may not use any content available via the website in any manner or for any purpose without the prior written permission of us or, if applicable, our licensors. All rights not expressly granted in this Agreement are expressly reserved to Africa Simplified and its licensors.
Third Parties and Advertisers
Your dealings with advertisers or other third parties found on or accessible through our website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items such as safari, Mountains, Beach, etc tours if any, and any terms, conditions, warranties, or representations associated with such dealings. You access and use of such sites, including the content, items, or services on those sites, is solely at your own risk. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our website.
Children
Our website is for adults use only and is not intended for children under the age of 15. Creating an account on our website, including but not limited to an account for our message boards, submitting a user review, other user content or enquiring about a safari tour is not allowed for children under the age of 15. If we learn that such actions were taken by a child under the age of 15, we will delete that account, any user content posted on our website as quickly as possible. If you believe an account was created by a child under the age of 15, please contact us by sending an email to info@africasimplified.com
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFRICA SIMPLIFIED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
AFRICA SIMPLIFIED DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AFRICA SIMPLIFIED MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
Limitations of Liability
AFRICA SIMPLIFIED AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT AFRICA SIMPLIFIED IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL AFRICA SIMPLIFIED OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT AFRICA SIMPLIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You agree to indemnify and hold harmless Africa Simplified, its directors, officers, employees, owners, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the user content you submit, post, or transmit through the website.
User(s) Accounts
You are responsible for maintaining the confidentiality of any passwords associated with your [User(s)] account on our website, monitor all activity under the account, and assume full responsibility for all activities that occur under your account.
Changes, updates, cancelation or suspension of our website (services)
We may at any time modify, discontinue, or suspend the operation of our website, services or any part thereof, temporarily or permanently, without notice to you.
Ownership
If we are in the process of selling our company, our website, or substantial parts of our business, you agree we may disclose and/or transfer your personally identifiable information as well as other information to the (potential) new owner so they can better value our business and, if sold, continue to operate the service this website provides. This will also be the case if the new owner is a non-EU company, organization or individual.
You also agree that in the case the ownership of our company or website changes the rights, obligations and restrictions, as set forth in this agreement, you have towards us will be transferred to the new owner without notice to you and you accept the new owner as your new counter-party in this Agreement.
Termination of This Agreement
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access our website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the website shall be governed by and construed in accordance with the laws of Germany without giving effect to any principles of conflicts of law. Any legal action or proceeding between Africa Simplified and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in ‘Bonn, North Rhine-Westphalia, Germany, Europe and you agree to submit to the personal and exclusive jurisdiction of such courts.
Complaints Regarding Content
For making complaints regarding copyright infringement of our content or regarding our content in general, please send an email to info@africasimplified.com