Last updated June 2019
Please read these Terms of Service (the "Terms") carefully because they govern your use of our Site and our services. To make these Terms easier to read, the Site and our services are collectively called the "Services." Trip2Africa is a registered seller of tourism products in with the Ministry of Trade and Industry Namibia. Registration number: CC/2017/01657. Trip2Africa helps you find information and make reservations. The sole purposes of the service are to gather and provide travel information for you, to help you determine the availability of travel-related products and services ("Tourism Products") provided by Suppliers, and make reservations or enter into other transactions with Suppliers. We do not provide any of the Tourism Products that you can access or that you purchase through our Services and Trip2Africa does not endorse, verify or vouch for any Suppliers or their products or services. Trip2Africa's responsibilities under these Terms are limited solely to facilitating the availability of the Services and administering payments on behalf of users.
For purposes of these Terms, "Supplier" means the accommodation facilities, tour companies, safari tour providers and other suppliers providing Tourism Products through our Services. Trip2Africa does not provide information for all accommodation facilities, tour companies and other suppliers providing Tourism Products. If you are unable to find a room, a tour or other Tourism Product on Trip2Africa.com, that does not necessarily mean that no such product exists. Your access to the Site and use of the Services is at your own risk. Trip2Africa.com disclaims all warranties, express or implied, relating to the Suppliers, the Travel Products you purchase, and the Services, and limits its liability in these Terms. You will see that we have included a disclaimer towards the end of these Terms. By accessing or using our Services, you agree to be bound by these Terms.
Agreeing to these Terms: If you do not agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer), other legal entity or another individual, you represent and warrant that you have the authority to bind that company, other legal entity or individual to these Terms, and that individual is informed of these Terms and applicable rules and restrictions. In that case, "you" and "your" will include that company, other legal entity, or individual.
Changes to Terms or Services: We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever you visit the website because if you continue to use the Services after we have posted modified Terms on the Site, you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Use of the Services: You will use our Services in accordance with these Terms. You represent and warrant that (i) you will only use our Services to make legitimate reservations, excluding reservations that are speculative, false or fraudulent or made in anticipation of demand; and (ii) all information supplied by you to our Services, including information for your Account (see below) and/or for your reservation(s), is accurate, complete and up-to-date.
Eligibility: You may use the Services only if you are 18 years of age or older and capable of forming a binding contract with Trip2Africa and are not barred from using the Services under applicable law. Some countries may prohibit or make it unlawful for certain persons accessing this website or accessing certain information or Services on this website. You accept responsibility for accessing this website in a manner consistent with the laws of the place where you are accessing this website.
Registration: If you want to use certain features of the Services, you'll have to create an account. You can do this via the Site. You agree to update your Account information, as needed, to keep it accurate, complete and up-to-date. If you do not, we might not be able to provide you certain Services and may have to suspend or terminate your Account. You agree to maintain the secrecy of your password, and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Messaging: The messaging system of Trip2Africa was created to enable the travelers and the hosts to easily and promptly communicate regarding their concerns i.e. meal options, transport arrangements etc. All communications carried out within this messaging system must be centered around the listings on our website. We monitor all messages transmitted through our website and the users who misuse our messaging system for i.e. marketing personal products, making reservations or who use disrespectful language will be banned from using our website.
General Prohibitions and Trip2Africa’s Enforcement Rights: You agree not to do any of the following:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any Content;
- Make any speculative, false or fraudulent reservation or any reservation in anticipation of demand;
- Use, display, mirror or frame the Services or any individual element within the Services, Trip2Africa’s name, any Trip2Africa trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Trip2Africa's express written consent;
- Access, tamper with, or use non-public areas of the Services, Trip2Africa's computer systems, or the technical delivery systems of Trip2Africa's providers; to attempt to probe, scan or test the vulnerability of any Trip2Africa system or network or breach any security or authentication measures; to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Trip2Africa or any of Trip2Africa's providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, scrapers, data mining tools or the like) other than the software and/or search agents provided by Trip2Africa or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing a Trip2Africa trademark, logo URL or product name without Trip2Africa's express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party, including, but not limited to, travel agency services, or in any manner not permitted by these Terms; to Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Deep-link to any portion of the Site without Trip2Africa's express written consent;
- Violate any applicable law or regulation in any applicable jurisdiction, including local laws of the foreign countries you travel or transit to; or
- Encourage or enable any other individual to do any of the foregoing. Although we are not obligated to monitor access to or use of the Services or Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
We reserve the right, but are not obligated, to remove or disable your access to any Content or Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any activity under your Account or any of your activity in connection with your use of the Services to be fraudulent, abusive, suspicious, or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Subject to applicable laws and regulations, we may cancel any travel or service-related reservations associated with your name, email address or Account or Travel Products you purchase via the Services. In addition, if you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to Trip2Africa, including litigation costs and damages.
Supplier Terms: When you reserve or purchase Tourism Products via our Services, additional terms and conditions from the Suppliers ("Supplier Terms") may apply. Please read those Suppliers Terms carefully as they govern your use of the Travel Products that you purchase and you agree to abide by Supplier Terms, including all cancellation rules, imposed by any Supplier with whom you elect.
You acknowledge that any violation of any such Supplier Terms may result in cancellation of your reservation(s), in your being denied access to the applicable Tourism Product, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation
Purchase of Products and Cancellations by Trip2Africa: When you make a booking request for a Product on Trip2Africa, Trip2Africa will send a booking acknowledgment email. You can confirm your booking by directly messaging the service provider on our website. The "Booking Request Acknowledgement" is not a confirmation of a reservation. Trip2Africa also reserves its right, to the extent allowed by law, to cancel your confirmed booking for reasons such as fraud or other illegal activity.
Our cancellation grace periods are determined by the service providers. Trip2Africa reserves the right to cancel a purchase you make of a Product and in its sole discretion, may provide full refunds on all payments made by you and charges made to you relating to such purchase in the event of price errors, incorrect price rules, system errors, availability problems, travel reservations not confirmed by Suppliers or carriers, and other technical issues that may prohibit fulfillment of the Product purchased by you at the cost paid by you and in a timely manner. For such cancellations Trip2Africa may look for an alternative Product for you. You are, however, under no obligation to purchase any such alternative, including, but not limited to if the purchase price of the alternative Product is higher than that of original Travel Product you purchased. As noted above, you agree to comply with any applicable Supplier Terms relating to your purchase of a Product, including financial terms. Also as discussed above, your submission of payment information to Trip2Africa does not guarantee or confirm your booking.
Fraud Detection and Prevention: When Trip2Africa receives a submission of payment information, it may process the information to evaluate whether there is a risk of fraud. Trip2Africa believes this process protects you from fraudulent charges on our site. Trip2Africa does not, however, make any guarantees or warranties regarding fraud detection or prevention. In order to establish the validity of your payment information, we may contact you or your financial institution. You agree to notify Trip2Africa immediately of any unauthorized use of your payment information. Trip2Arica is not responsible for any loss that you may incur as a result of someone else using your account or payment information, either with or without your knowledge.
Trip2Africa Fees: Trip2Africa may charge you a non-refundable 10% deposit fee when you (i) purchase a Product through the Services or (ii) engage in other activities via the Services, such as, without limitation, changing the dates of your travel plans associated with a Product you purchase. This deposit fee will be communicated to you prior to your completion of the action associated with the fee via the Services. You agree to pay such fees to Trip2Africa and to permit Trip2Africa to charge your credit card in this regard. Any such service fee is non-refundable. You are and will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Travel Products available from the Services.
Conversion Fees and Foreign Transaction Fees: Some financial institutions, such as banks and credit card companies, impose fees for international transactions and transactions in foreign currencies. For some transactions booked through Trip2Africa, such as bookings that involve international travel, may be charged in a foreign currency and may result in a conversion fee from your financial institution. This is also true for any credits you receive from Trip2Africa. This means that the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the confirmation page for purchase of a Product through our Services. The currency exchange rate and foreign transaction fee are determined solely by your financial institution. If you have any questions about these fees or the exchange rate applied to your booking, please contact your financial institution.
Disclosure of Financial Information: To process any payment you make through Trip2Africa.com, we may disclose any information you provide us to your bank or financial institution and to any third-party intermediaries involved in the transaction. By using the Services, you authorize Trip2Africa to disclose payment information to process your booking request.
Travelling to Africa: While most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We encourage you to review and evaluate travel advisories on our website under the country profiles and other prohibitions, and warnings, issued by the various governments before booking travel to any international destinations. You are responsible for ensuring that you meet all the foreign entry requirements for international travel and that you have all the required travel documents, such as passports, visas, and any other applicable documents in advance of your scheduled date of departure and during your travel. You must consult the relevant government agencies, embassy or consulate for information regarding passport and visa requirements. Foreign entry requirements may change and you should check for up-to-date information before booking and departure. Trip2Africa has no liability for any refusal of entry, damages, losses, or delays that occur due to your having improper or inadequate documents for entry, transit, exit, length of stay, or from travel to any destinations. The recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart for international travel. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Trip2Africa does not represent or warrant that travel to any locations within Africa are without risk, and is not liable for any damages or losses that may result from travel to such destinations.
Warranty Disclaimers: THE SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranty and expressly disclaim any obligation that the quality of any Products, information or other material obtained by you through the Services will meet your expectations.
Ratings: The ratings displayed on the Services are intended to be used as only general guidelines, and Trip2Africa and our partners do not guarantee the accuracy of the ratings. Trip2Africa, our partners and Suppliers make no guarantees about the availability of specific Products.
Indemnity: You will indemnify, defend and hold blameless Trip2Africa and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content or Products, (iii) your violation of any law, regulation or the rights of a third party, or (iii) your violation of these Terms.
Limitation of Liability: NEITHER Trip2Africa (TOGETHER WITH OUR CORPORATE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND PROVIDERS) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (EXCLUDING SUPPLIERS) WILL BE LIABLE FOR (I) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO THE SITE, OR (II) ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR THE PERFORMANCE OR NON- PERFORMANCE BY TRIP2AFRICA OR ANY PROVIDER WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIP2AFRICA 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TRIP2AFRICA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO TRIP2AFRICA FOR USE OF THE SERVICES OR CONTENT, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TRIP2AFRICA, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIP2AFRICA AND YOU.
Dispute Resolution Governing Law: These Terms and any action related thereto will be governed by the laws of the Republic of Namibia without regard to its conflict of laws provisions. The parties expressly exclude the United Nations Convention on Contracts for the International Sale of Goods.
Agreement to Arbitrate: You and Trip2Africa agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in the lower courts of the Republic of Namibia and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). The exclusive jurisdiction and venue of any action in the Windhoek Magistrate Court and each of the parties hereto waives any objection to jurisdiction and venue in such court(s). The exclusive jurisdiction and venue of any IP Protection Action will be the High Court of Namibia located in Windhoek. You acknowledge and agree that you and Trip2Africa are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Trip2Africa otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms. You agree that if the preceding paragraph is held unenforceable, the exclusive jurisdiction for any dispute arising out of these Terms, or the use of the website or Services, shall be the Magistrate and High courts located in Windhoek, Namibia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Arbitration Rules: The arbitration will be administered by the Arbitration Foundation of Southern Africa ("AFSA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AFSA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AFSA rules are available at http://www.arbitration.co.za/pages/Rules.aspx or by calling AFSA at +27 (11) 320-0600). The Namibian Industrial Property Act of 2018 and The Competition Act of 2003 will govern the interpretation and enforcement of this Section.
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AFSA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AFSA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AFSA Rules.
Arbitration Location and Procedure: Unless you and Trip2Africa otherwise agree, the arbitration will be conducted in Namibia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Trip2Africa submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AFSA Rules. Subject to the AFSA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision: The arbitrator will render an award within the time frame specified in the AFSA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Trip2Africa will seek to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees: Your responsibility to pay any AFSA filing, administrative and arbitrator fees will be solely as set forth in the AFSA Rules. However, if your claim for damages does not exceed $2,000, Trip2Africa will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.
General Terms: These Terms constitute the entire and exclusive understanding and agreement between Trip2Africa and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Trip2Africa and you regarding the Services. If for any reason 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. You may not assign or transfer these Terms, by operation of law or otherwise, without Trip2Africa's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Trip2Africa may freely assign or transfer these Terms 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 provided by Trip2Africa under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Trip2Africa's failure to enforce any right or provision of these Terms will not be considered a waiver of such 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 Trip2Africa. 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.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within three (3) months from the date on which such claim or action arose or accrued, otherwise such claim or cause of action is and will be irrevocably waived by you.
Contact Information If you have any questions about these Terms or the Services, please contact Trip2Africa at: http://www.afrotravel.africa/contact-us