Terms of Service
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EXPERIENCES (DEFINED BELOW) ARE LISTED AND TRAVELLERS (DEFINED BELOW) MAY READ ABOUT AND BOOK SUCH EXPERIENCES. YOU UNDERSTAND AND AGREE THAT HELLO AFRICA TRAVEL IS NOT AN INSURER. HELLO AFRICA TRAVEL HAS NO CONTROL OVER THE CONDUCT OF THE COMMUNITY AMBASSADORS (GUIDES) TRAVELLERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Hello Africa Travel Content” means all Content that Hello Africa Travel makes available through the Services, including any Content licensed from a third party. Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. “Traveller” means an individual who requests a booking of an Experience via the Services. “Experience” means a tour or package found on the Hello Africa Travel platform.
Certain portions of the Services (and your access to or use of certain aspects of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, the latter terms and conditions will take precedence.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity that you represent to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Hello Africa Travel reserves the right, at its sole discretion, to modify the Services at any time and will use its best endeavours to notify you of such changes. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, requesting the booking of an Experience. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. If you use the Services you will be deemed to have accepted same.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Services can be used to facilitate the booking of tours and activities (“Experiences”). Such Experiences are included in the Discover page (the Discover page is the web page that catalogues all Hello Africa Travel’s experiences).
As stated above, Hello Africa Travel is an online platform that connects international visitors who are looking for community-based based experiences, with local based tour guides who offer these experiences. Hello Africa Travel is not an operator of tours, activities or other Experiences, nor is it a provider of tours, activities or other Experiences and Hello Africa Travel does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services. Hello Africa Travel’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Guide for the purpose of; informing them of tours that are booked, accepting payments from Travellers on behalf of the Guide.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF EXPERIENCES. HELLO AFRICA TRAVEL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL EXPERIENCES, SAVE FOR ANY CLAIMS THAT MAY BE ARISE IN TERMS OF THE CONSUMER PROTECTION ACT, ACT 68 OF 2008 (‘the CPA’) IF THE CPA IS APPLICABLE. ACCORDINGLY AND SUBJECT TO THE AFOREMENTIONED, ANY BOOKINGS WILL BE MADE AT THE TRAVELLER’S OWN RISK.
Listings of Experiences will specify the Total Fees (Fees to experience the tour, to be transferred to and from the tour and Hello Africa Travel’s service fee). Hello Africa Travel is required to either confirm or reject the booking within the specified timeframe (which is generally within 48 hours) of when the booking is made, as determined by Hello Africa Travel (in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by Hello Africa Travel), any amounts collected by Hello Africa Travel will be refunded to such Traveller, depending on the selections the Traveller makes via the Site and Application, and any pre-authorization of such Traveller’s credit card will be released, if applicable.
You agree to pay Hello Africa Travel for the Total Fees for any booking requested that are confirmed. In order to establish a booking pending Hello Africa Travel’s confirmation of your requested booking, you understand and agree that Hello Africa Travel, on behalf of the Guide, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one Rand (R1), or a similar sum in the currency in which you are transacting (e.g. one Euro or one British Pound) to verify your credit card. Once Hello Africa Travel confirms your booking, Hello Africa Travel will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Hello Africa Travel cannot control any fees that may be charged to a Traveller by his or her bank related to Hello Africa Travel’s collection of the Total Fees, and Hello Africa Travel disclaims all liability in this regard.
General Booking and Financial Terms
Traveller Cancellations and Refunds
If, as a Traveller, you cancel your Experience you agree to pay Hello Africa Travel for the fees for any booking requested and confirmed by Hello Africa Travel and once your booking is confirmed by Hello Africa Travel, your Experience is non-refundable, except as provided below. If, as a Traveller, you bucket to cancel a confirmed booking made via the Services, the cancellation policy as provided below will apply to such cancellation. For each such policy, you will remain liable for the non-refundable Traveller Fee. By default, the Standard Cancellation Policy (described below) will apply to such cancellation. However, some unique Experiences require a higher level of protection due to the nature of the Experience and the expenses involved. The Strict Cancellation Policy (described below) will apply to such cancellation.
Standard Cancellation Policy
- If, as a traveller, you cancel your Experience at any point after before the Experience commencement date (date which the Experience has been booked), a 20% cancellation fee is applicable.
- If, as a traveller, you cancel your Experience 30 – 21 days before the Experience commencement date (date which the Experience has been booked), a 30% cancellation fee is applicable.
- If, as a traveller, you cancel your Experience 20 – 15 days before the Experience commencement date, a 50% cancellation fee is applicable.
- If, as a traveller, you cancel your Experience 14 – 03 days before the Experience commencement date, a 75% cancellation fee is applicable.
- If, as a traveller, you cancel your Experience 02 – 01 days before the Experience commencement date, a 100% cancellation fee is applicable.
- In the case of a “no show”, a 100% cancellation fee is applicable.
Regardless of whether the Standard Cancellation Policy applies to the cancellation of a particular Experience, Hello Africa Travel retains sole discretion to make case-by-case cancellation decisions. If you are a Traveller, please contact us immediately at firstname.lastname@example.org if unforeseen circumstances should arise that prevent you from taking the Experience (for example, a death in the Traveller’s family or political unrest at the location of the Experience). If you are a Guide, you hereby acknowledge that Hello Africa Travel retains sole discretion with respect to cancellation of Experiences.
Hello Africa Travel Cancellations and Refunds
If Hello Africa Travel cancels a confirmed booking made via the Services, (i) Hello Africa Travel will refund the Total Fees for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and (ii) the Traveller may receive an email or other communication from Hello Africa Travel containing alternative Experiences and other related information. If the Traveller requests a booking from one of the alternative Experiences and Hello Africa Travel confirms the Traveller’s requested booking, then the Traveller agrees to pay Hello Africa Travel the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Terms. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. If Hello Africa Travel cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from Hello Africa Travel, please contact Hello Africa Travel at email@example.com.
Cancellation in the Event of Inclement Weather
Certain Experiences may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, Hello Africa Travel has the discretion as to whether the weather conditions will prevent the Experience from taking place. Subject to the Traveller’s consent, Hello Africa Travel and the Traveller may choose to reschedule the Experience for another date.
If the Experience cannot be rescheduled, as a Traveller, we may assist in finding a replacement, non-weather-dependent Experience. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference.
As a Traveller, if Hello Africa Travel is unable to find you a replacement Experience, Hello Africa Travel may refund the Total Fees for such booking to the applicable Traveller within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Hello Africa Travel cannot and does not offer Tax-related advice to any users of the Services.
As part of the Services, Hello Africa Travel may provide a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Traveller) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by Hello Africa Travel. The currency in which you will be charged may be determined by Hello Africa Travel based on the payment method you select and the location of the Experience you are booking.
As a Traveller, you are responsible for leaving the all personal, real or other property associated with an Experience (including equipment, vehicles, spaces and other property) in the condition it was in when you arrived. You acknowledge and agree that, as a Traveller, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to attend, participate in, or otherwise provide access to, the Experience. In the event that a Guide claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond. Hello Africa Travel also reserves the right collect payment from you and pursue any avenues available to Hello Africa Travel in this regard, including using Security Deposits, in situations in which you have been determined, in Hello Africa Travel’s sole discretion, to have damaged any Experience, including, but not limited to, in relation to any payments made to Hello Africa Travel. If we are unable to collect payment from you, you agree to remit payment for any damage to the Experience to Hello Africa Travel (if applicable), be it by means of cash, EFT, debit order or debiting your credit card.
Both Travellers and Guides agree to cooperate with and assist Hello Africa Travel in good faith, and to provide Hello Africa Travel with such information and take such actions as may be reasonably requested by Hello Africa Travel, in connection with any complaints or claims made by Travellers relating to Experiences or any personal, real or other property associated with an Experience or with respect to any investigation undertaken by Hello Africa Travel or a representative of Hello Africa Travel regarding use or abuse of the Services. If you are a Traveller, upon Hello Africa Travel’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Guide, at no cost to you, which process will be conducted by Hello Africa Travel or a third party selected by Hello Africa Travel, with respect to losses for which the Guide is requesting payment from you.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
1.1.1 Canvass or solicit the business of any customer in respect of any service or facility, which is then offered by Hello Africa Travel. The Employee furthermore undertakes not to handle the business of any such client for the period stated if it is offered or becomes available to him/her. The Employee also undertakes to bring the content and extent of this restraint to the attention of any customer/client of Hello Africa Travel that approaches him/her; and/or
1.1.2 Encourage, entice, persuade or induce any customer to terminate or alter his relationship with Hello Africa Travel or to refrain from entering into such a relationship as the case may be; and/or
1.1.3 Encourage, entice, persuade or induce any employee of Hello Africa Travel to terminate or breach his/her employment with Hello Africa Travel, or to seek to change the terms of his/her employment or employ or offer to employ any employee of Hello Africa Travel; and/or
1.1.4 Render services to any customer of Hello Africa Travel; and/or
1.1.5 Canvass, solicit or entice the custom or deal with or supply any goods or services which may in any way be the same or similar to or in competition with the business of Hello Africa Travel; and/or
1.1.6 Solicit appointment as a distributor, licensee, franchisee, agent or representative of any customer of Hello Africa Travel; and/or
1.1.7 Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; and/or
1.1.8 Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; and/or
1.1.9 Use the Services for any commercial or other purposes that are not expressly permitted by these Terms; and/or
1.1.10 Copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; and/or
1.1.11 Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; and/or
1.1.12 Interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; and/or
1.1.13 Use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; and/or
1.1.14 Use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Experiences; and/or
1.1.15 “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Hello Africa Travel Traveller; and/or
1.1.16 When acting as a Traveller or otherwise, recruit or otherwise solicit any Guide to join third party services or websites that are competitive to Hello Africa Travel, without Hello Africa Travel’s prior written approval (for clarity and without diminishing any of Term’s rights to enforce these Terms, Hello Africa Travel may take any legal action if Hello Africa Travel deems appropriate, including by prosecuting such Member to the fullest extent of the law); and/or
1.1.17 Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing); and/or
1.1.18 Use automated scripts to collect information or otherwise interact with the Services; use the Services to find a Guide and then complete a booking of an Experience transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Hello Africa Travel’s provision of the Services.
Hello Africa Travel will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Hello Africa Travel may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that Hello Africa Travel has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Services (including the Site and Application) are protected by copyright, trademark, and other laws of South Africa and foreign countries. You acknowledge and agree that the Services (including the Site and Application), including all associated intellectual property rights is the exclusive property of Hello Africa Travel and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application).
Hello Africa Travel Content License
Subject to your compliance with the terms and conditions of these Terms, Hello Africa Travel grants you a limited, non-exclusive, non-transferable license to access and view any Hello Africa Travel Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hello Africa Travel or its licensors, except for the licenses and rights expressly granted in these Terms.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Hello Africa Travel is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hello Africa Travel of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Hello Africa Travel used herein are trademarks or registered trademarks of Hello Africa Travel. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org . You acknowledge and agree that all Feedback will be the sole and exclusive property of Hello Africa Travel and you hereby irrevocably assign to Hello Africa Travel and agree to irrevocably assign to Hello Africa Travel all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Hello Africa Travel’s request and expense, you will execute documents and take such further acts as Hello Africa Travel may reasonably request to assist Hello Africa Travel to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The client and authority
The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).
Third party service providers
Hello Africa Travel provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel and tourism industry, such as airlines (‘collectively referred to as ‘the Principal’). Hello Africa Travel represents the Principals as agents only and accordingly accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer as a result of any alteration act or omission on the part of or the failure of the Principals to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of Hello Africa Travel. The contract in use by the Principals (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against such Principal. Hello Africa Travel will provide the identity and terms and conditions of (or access thereto) all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise itself with such terms and conditions (‘the Principal’s Conditions’).
Note that Hello Africa Travel reserves the right to amend the Tour Price if an unreasonable time lapses between the date the Estimate is submitted to the Client and the date it is returned to Hello Africa Travel. Furthermore, prices are quoted at the ruling daily exchange rate. Until Hello Africa Travel has received payment of the Tour Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Tour Price in full is received, the Tour Price is guaranteed (subject to statutory increases such as VAT). Should it be a group booking and the group number deviate from the number required for the Booking, Hello Africa Travel reserves the right to re-cost the Tour Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, Hello Africa Travel reserves the right to cancel the tour and retain any payment made.
It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list). Hello Africa Travel will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon Hello Africa Travel to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by Hello Africa Travel pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and Hello Africa Travel shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.
Please note that various credit card companies offer limited levels of travel insurance, which Hello Africa Travel does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of Tour Price in full.
Passports, Visas & Health
It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with Hello Africa Travel before travelling. Hello Africa Travel will endeavour to assist the Client but such assistance will be at Hello Africa Travel’s discretion and the Client acknowledges that in doing so, Hello Africa Travel is not assuming any obligation or liability and the Client indemnifies Hello Africa Travel against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements. Please note that All visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The Client must ensure that the details supplied to Hello Africa Travel mirror those details shown on their passport for international travel and ID documents for local travel.
Malaria and other tropical diseases: warning
Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.
While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account.
Law & Jurisdiction
South African law and the jurisdiction of South African courts will govern the relationship between the Client and Hello Africa Travel, Hello Africa Travel shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Client, who has special requests, must specify such requests to Hello Africa Travel in the Enquiry. Whilst Hello Africa Travel will use its best endeavours to accommodate such requests, it does not guarantee that it will.
Subject to statutory constraints or compliance with an order of court, Hello Africa Travel undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:
- Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
- Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HELLO AFRICA TRAVEL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY TRAVELLER OR GUIDE, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HELLO AFRICA TRAVEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HELLO AFRICA TRAVEL MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HELLO AFRICA TRAVEL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY EXPERIENCES, THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HELLO AFRICA TRAVEL OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. HELLO AFRICA TRAVEL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELLER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES OR BOOKING OF ANY EXPERIENCES VIA THE SERVICES REMAINS WITH YOU. NEITHER HELLO AFRICA TRAVEL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HELLO AFRICA TRAVEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification and Release
You agree to release, defend, indemnify, and hold Hello Africa Travel and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services or your violation of these Terms and (b) your (i) booking of an Experience, (ii) the use, condition or quality of an Experience, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking an Experience.
If you participate in an Experience with anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Hello Africa Travel by contacting us with your police station and report number at email@example.com ; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You may not assign or transfer the Experience these Terms, by operation of law or otherwise, without Hello Africa Travel’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Hello Africa Travel may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Hello Africa Travel (i) via post to the physical address that you provide or (ii) by posting to the Site or via the Application or (iii) via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Hello Africa Travel to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hello Africa Travel. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Hello Africa TRavel
If you have any questions about these Terms or any Application, please contact Hello Africa Travel at firstname.lastname@example.org.