Terms and Conditions User agreement Terms and conditions effective from 10th October 2013. Background This agreement applies as between you, the User of this Web Site and Safarihub Europe Limited, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
Definitions and Interpretation In this Policy the following terms shall have the following meanings: o “Acceptance” means the process by which Safarihub accepts a Member’s offer to purchase a hotel stay, holiday or package (with or without travel included) advertised for purchase on the Web Site, as set out in detail in clause 7(b) of these Terms and Conditions ; o “Account” means collectively the personal information, payment information and credentials used by Users to access the Service and / or any communications System on the Web Site ; o “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; o “Safarihub” means Safarihub Europe Limited (registered in England & Wales under company number 8718122) and whose registered office is situated at 5th Floor, Amba House, 15 College Road, Harrow, Middlesex HA1 1BA, United Kingdom. o “Service” means collectively any online facilities, tools, services or information that Safarihub makes available through the Web Site either now or in the future; o “System” means any online communications infrastructure that Safarihub makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; o “User” / “Users” means any third party that accesses the Web Site and is not employed by Safarihub and acting in the course of their employment; o “Web Site” means the website that you are currently using www.safarihub.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Safarihub, or our affiliates or licensees. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for personal purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Safarihub. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
you will not use the Content of the Web Site for commercial purposes; and ii. you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Safarihub. iii. “Safarihub” and the safarihub.com logo are trademarks of Safarihub. All other trademarks, service marks and trade names used on the Web Site are the property of their respective owners and are used under licence. All such trademarks, service marks or trade names may not be reproduced, copied, downloaded or otherwise exploited without the permission of Safarihub or the relevant owner.
ATOL Payment Protection
Your Financial Protection When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Flights packages originating outside of the UK will not be covered by ATOL.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.”
Third Party Intellectual Property Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
Fair Use of Intellectual Property Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Safarihub or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.safarihub.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Safarihub. To find out more please contact us by email at firstname.lastname@example.org.
The Service What Safarihub does: Safarihub sells hotel stays, holidays & package (with or without travel) deals. Safarihub negotiates discounted prices with hotels and holiday companies. The sale price displayed on the site is the discounted price plus the commission paid to Safarihub. When buying from Safarihub your contract will be with the provider of the sale (e.g. the hotel company) and not Safarihub. Safarihub only acts as an agent for the provider of the sale. Accordingly Safarihub is not responsible for the conditions or limitations placed on any sale by the provider of the product or service being sold (such as, by way of example, the inability to cancel a booking once placed). Separate terms and conditions may apply to your reservation and purchase of the items purchased through any sale on the Web Site. You agree to abide by the terms or conditions of purchase imposed by any provider with whom you contract including compliance with the provider’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any breach of any such provider’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights or hotels in your forfeiting any monies paid for such reservation(s) or purchase, and in Safarihub debiting your account for any costs Safarihub incurs as a result of such breach.
Sale Information All our prices are shown in pounds sterling and include VAT. Safarihub sells hotel stays and holidays at discounted prices. The sale descriptions on the Web Site specify the prices and what is included in your purchase, as well as any special conditions that apply. We try and avoid errors in our sales descriptions and prices. However, we reserve the right to correct errors in sales descriptions and prices before Acceptance of your order. We aim to use photographs and descriptions to give an accurate illustration of the sale. They are not intended to be exact, for example you are not guaranteed an identical view to that shown in a sale photo. Unless otherwise stated in the sale description the prices shown are for rooms only and don’t include other potential costs such as travel costs or local taxes.
Making an order and Acceptance of your order The advertising of products on the Web Site constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No sale contract will come into force between you and Safarihub unless and until there has been Acceptance by Safarihub of the order placed by you. For Acceptance to take place the following steps will need to be completed: i. You will need to offer to purchase a sale on the Web Site; ii.Safarihub will issue an automated online acknowledgement of the order confirming receipt of the order; iii. Safarihub shall have a period of fifteen working days from the issue of the automated response referred to in (ii) above to correct any accidentals errors or omissions in respect of the sale and in the event that any such errors or omissions need to be corrected, Safarihub shall provide notification of this to you within the five working day period ; iv. in the event that no notification is issued by Safarihub of any accidental error or omission in respect of the sale within the period of five working days from the issue of the automated response referred to in (ii) above, your order will become a binding contract between you and the provider of the sale and “Acceptance” will have taken place; v. in the unlikely event that Safarihub is unable to accept your order (owing to any accidental error or omission in respect of the sale) Safarihub will confirm by email that we are unable to meet your order (in which case no binding contract of sale is made) and no Acceptance will have taken place. vi.For the avoidance of doubt, Safarihub reserves the right to alter or amend the details of a sale or withdraw a sale at any time up to the point of Acceptance in the event that it is aware of any error or omission relating to the details of the sale or in the event that it receives a request to do so from the provider of the sale. Please make sure that you are eligible and able to travel on the dates of your holiday to your chosen destination before making an order. If you have any special requests you must let us know when you make the booking. Safarihub will attempt to pass on all reasonable requests but cannot guarantee that such requests will be met by the provider of the sale. Safarihub cannot accept bookings that are conditional on the fulfilment of a special request. If you have a medical condition which may affect your booking, please let us know before making a booking so we can find out if the sale is suitable before you make a booking. vii. When you receive documentation for your hotel stay/holiday, please ensure you check that these are correct and in the case of travelling abroad, that they match the names and ages on the passport(s). In the event that tickets and/or travel documents don’t arrive by post or email, Safarihub will not be held liable for this. Please contact the hotel/tour operator should you not receive these.
Alterations and Cancellations As a buyer, you should be aware that all sales are final. Unless otherwise stated in the sale description, once Acceptance has taken place all sales on the Web Site are final. If alterations or cancellations are available from the hotel/holiday provider they may be subject to a charge as per their T&C’s. Safarihub will use its best efforts to assist you in your attempts to alter or cancel a booking but can give no guarantee that such attempts will be successful and cannot be held liable for any applicable charges. While our bookings have a 100% non-cancellable/non-refundable policy, in the event that you contact us to request to cancel your booking, we will contact the relevant holiday provider. However; you are also bound by their terms and conditions and a cancellation is not always possible and where it is, charges may apply. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. All claims must be made directly to the insurance company concerned.
Cancellations by Safarihub Most changes are minor. Occasionally, we have to notify you of a “significant change”. A significant change is a change made before departure which, taking account of the information given to us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your stay. Significant changes are likely to include the following changes when made before departure by the supplier; 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 of 12 or more hours, a change of UK departure point to one which is more inconvenient for you, an overbooking at the hotel, and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether. For bookings including flights, please refer to the relevant Tour Operator Terms and Conditions. In the unlikely event of the supplier cancelling or amending your reservation after the booking has been made, 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: i. (for significant changes) accepting the changed arrangements or ii.For hotel only reservations, a choice of accepting an offered alternative or cancelling your reservation with a full refund of monies paid. In the case of no alternative being available from the supplier, they may instruct us to cancel and give a full refund. iii. purchasing an alternative package from us, of a similar standard to that originally booked if available. You must pay the applicable price of any such package. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper or iv. 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: As we act as an agent for the supplier, they may not give the above options where any change made is a minor one. A change of flight time of less than 12 hours, airline type or aircraft (if advised) or destination airport usually qualify as minor changes. When cancellations or changes do occur, Safarihub will not be held liable for extra costs incurred for example for travel expenses, or other accommodation, which you may be able to claim on your travel insurance.
Cancellations by you While our bookings have a 100% non-cancellable/non-refundable policy, in the event that you contact us to request to cancel your booking, we will contact the relevant holiday provider. However; you are also bound by their terms and conditions and a cancellation is not always possible and where it is, charges may apply. Important: Any cancellation affecting the flight element of a tour operator package will involve minimum cancellation charges equivalent to the price of the flights.
Cancellations by the Supplier In the rare cases that a supplier, tour operator or hotel cancels your booking after it has been made on our site, you will be notified by the supplier, tour operator or hotel, or Safarihub acting on their behalf. As Safarihub is an agent, and your contract once you’ve booked is with the provider, we’ll support you in getting a refund or changing your dates. Safarihub is not responsible for costs associated with a cancellation by the provider. This is why we always recommend that you buy travel insurance to cover against cancellations.
Complaints If you have received the items listed in the offer details, but are unhappy with any aspect of the hotel or resort and wish to complain, then please take this up with the hotel management, Tour Operator representative or agent directly at the time so that they can try to address any issues raised (also put it in writing to them if possible – some Tour Operators provide a feedback form). If you are still not satisfied then please contact the offer provider directly within 30 days of return. They should then respond according to the guidelines (acknowledgment of receipt within 14 days and full response within 28 days or an explanation for any delay above these timelines). If the hotel or holiday is as described by us, but you’re unhappy with any aspect of the experience, please take this up with the hotel management, tour operator or representative. They will deal with the situation immediately, or will deal with your query in the timescales as notified above. In these cases, Safarihub cannot assist in your complaint. If you feel the holiday or hotel is not as described on Safarihub, in the first instance, please take this up with the hotel management, tour operator or representative at the resort. However, please also let us know as soon as possible and we will assist you in attaining a resolution. For flight or transport problems please contact the holiday provider (you should be provided with and emergency number). Delays to flights, etc. should be dealt with by the Tour Operator. Please always read all information given to you by the Tour Operator and check their terms and conditions before you go on holiday. Safarihub is not liable for any flight issues which may affect your stay and this should be taken up with the Tour Operator. i. Flight times We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown on our website and/or detailed on your confirmation are for guidance only from the Tour Operator and are subject to alteration and cancellation at any time. The Tour Operator will confirm flight times that you have been allocated. Where a window of flight times is given, you will be allocated flight times within that window according to availability on the date you have booked by the Tour Operator. We will not accept complaints regarding flight times given to you if they are within that window. Flight timings are outside our control. They are set by airlines and are subject to various factors including route changes or cancellations; air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately two weeks before departure. You must accordingly check your tickets / e-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 despatched. We (or the tour operator) will contact you as soon as possible if this occurs. Please refer to the relevant Tour Operator Terms and conditions regarding flights. As Safarihub acts as agent it will have no contractual liability to you in respect to the flight product.
Insurance We consider adequate travel insurance to be essential to cover you while you’re away. Please ensure that you have a valid travel insurance policy from the time of booking your holiday for the countries you will be travelling to or through. It is essential that all members of the party are covered by the policy (in case of families) or have their own policy. You must ensure you read all conditions and information applicable to any policy you purchase. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate, for your particular needs.
- Safarihub makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- The information on this Web Site is not designed with commercial purposes in mind. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Safarihub makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
- Whilst every effort has been made to ensure that all descriptions of services available from Safarihub correspond to the actual services available, Safarihub is not responsible for any variations from these descriptions.
- The Web Site may contain opinions, recommendations, statements and information provided by third parties. Safarihub does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any such third party Content, or endorse any opinions or recommendations expressed by such third parties. Users understand and agree that you download or otherwise obtain material or data through the use of the Web Site at your own discretion and risk and any reliance on third party Content will be at your own risk. You agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or data.
Availability of the Web Site The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Safarihub accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
International Use We make no representation that Content on the Web Site is appropriate or available for use in locations outside the United Kingdom, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Web Site from a location outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with local laws.
Limitation of Liability
- To the maximum extent permitted by law, Safarihub accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts Safarihub’s liability for death or personal injury resulting from any negligence or fraud on the part of Safarihub.
- Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- YOU AGREE THAT NEITHER SAFARIHUB NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEB-SITE, INCLUDING, BUT NOT LIMITED TO:
YOUR USE OR INABILITY TO USE THE WEB-SITE; ii. YOUR RELIANCE ON CONTENT ON THE WEB-SITE; AND iii. ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THE WEB-SITE, EVEN IF SAFARIHUB OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SAFARIHUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB-SITE.
No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. Notices All notices / communications shall be given to us by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction These terms and conditions and the relationship between you and Safarihub shall be governed by and construed in accordance with the Law of England and Wales and Safarihub and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Force Majeure Any delay in or failure of performance by Safarihub under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of Safarihub including but not limited to acts of God, power outages, natural disaster, closure of airspace and governmental restrictions.
Payment Terms When paying bills, time is of the essence and we ask you to ensure that your card details are valid and that you have sufficient funds available. In the event that a payment fails we will ask you to provide updated payment details. We may temporarily suspend your Account if an amount remains unpaid for more than 14 days. We reserve the right to charge interest at a rate of 4% per annum over Bank of England Base Rate on all amounts that remain outstanding 30 days after the issue of our invoice.
Refunds and Cancellations If you have any query about an amount that has been charged by us to your card, please contact us straight away. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card. Refunds are at the sole discretion of Safarihub.
Distance Selling Regulations Please note that we only provide a platform for Members to purchase items from third party providers and that accordingly the cancellation provisions under the Distance Selling Regulations 2000 do not apply to your purchase of items from third party providers through this Web Site.
Changes to the Terms and Conditions of this User Agreement Safarihub reserves the right to change these terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Terms and Conditions on your first use of the Web Site following the alterations. In the event that there are any material changes to these Terms and Conditions Safarihub will use reasonable endeavours to advise you that changes have been made but it is your responsibility to check regularly for updates to these Terms and Conditions. Each version of these Terms and Conditions will have an effective date from which it applies posted at the commencement of the Terms and Conditions. Unless stated otherwise, the currently effective Terms and Conditions applies to your use of the Web Site and the Service.
General Provisions If any provision of these Terms and Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect. Failure or delay by Safarihub in enforcing or partially enforcing any provision of these Terms and Conditions will not be construed as a waiver of any of its rights under these Terms and Conditions.