For Travellers & Members. Last updated: 31/08/2020

Introduction and Scope of Services

Hello Africa Travel Pty Ltd and its subsidiaries (together “Hello Africa Travel”) provides an online platform for Travellers, Members and Operators to meet online, enter contests, write reviews, search, compare and book trips, cruises, accommodation and other types of activities (“Tours”). Tours are booked directly from the respective independent service providers offering the Tour (each an “Operator”).

  The “Travellers” are travellers interested in booking a Tour. The “Members” are persons who completed Hello Africa Travel’s account registration process. Travellers and Members are jointly referred to as “you”.

  The “Services” comprise listings for Tours independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at https://www.helloafricatravel.com including its subpages (collectively, the “Site”) and any related applications (the “Application”).

  Hello Africa Travel is solely acting as a commercial agent for the operators. Hello Africa Travel is not an operator of tours, nor is it a provider of tours, nor a representative or proxy of an Operator nor an insurer.

  Hello Africa Travel does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Travellers. Hello Africa Travel’s responsibilities are limited to exclusively facilitating the availability of the Services and serving as the commercial agent of each Operator. Hello Africa Travel has no control over the conduct of Operators, Travellers, MEMBERS and other users of the Services.

  HELLO AFRICA TRAVEL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. HELLO AFRICA TRAVEL IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELLER’S OWN RISK.

Applicability

These terms and conditions (“Terms”), as amended from time to time, apply to all Hello Africa Travel services.

  By accessing, browsing or using the Site, Application and Services through whatever platform, you agree to comply with and be legally bound by these terms Irrespective of a registration or certain use or way of access.

  These Terms govern your access to and use of the Site, Application and Services and all Content (as defined below) vis-à-vis Hello Africa Travel and, where applicable, the Operators.

  Please carefully read these Terms and also the privacy policy and the Legal Notice, each of which is incorporated by reference into these Terms.

  If you do not fully agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application and Services.

  If you act on behalf of a company or other legal entity, you guarantee that you have the authority to act on behalf and to bind that company or other legal entity to these Terms.

  If you are using this website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use.

  You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete, and accurate.

  Furthermore, you also confirm that the Traveller is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.

Eligibility

The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you guarantee that you are 18 years or older.

Privacy

Hello Africa Travel’s Privacy Policy applies. Please see them for information and notices concerning Hello Africa Travel’s collection and use of your personal information.

Bookings and Payments

Bookings by Travellers with Operators The respective Operator only, and not Hello Africa Travel, is solely responsible to the respective Traveller for honoring any confirmed bookings and making available any Tours reserved through the Services.

  The Operator is also responsible to provide all information legally required to the Traveller. If you, as a Traveller, choose to enter into a transaction with an Operator for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator only and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Operator and will receive necessary information from the Operator only.

  You acknowledge and agree that Hello Africa Travel is no party to the agreement but only acts as the commercial agent to the Operator and Hello Africa Travel accepts no liability arising from or related to any of your agreements with the Operator unless Hello Africa Travel is legally obliged to do so or to fulfil certain information and security obligations towards the Traveller.

  The Operators are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by Hello Africa Travel in its sole discretion) or the requested booking will be automatically cancelled.

  Once your confirmed booking transaction is complete (including payment) you will receive a confirmation email summarizing your confirmed booking.

Payments by Travellers

You agree to pay for the “Total Cost” (including the price of the tour and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Operator. The availability and price of a Tour can change any time until you have received a booking confirmation.

  In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Operator’s terms according to the booking page.

  Hello Africa Travel in its own discretion collects (through third party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Operator as its commercial agent. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.

International Travel

By offering reservations for travel in particular international destinations, Hello Africa Travel does not represent or warrant that travel to such areas is advisable or without risk. Hello Africa Travel will not be liable for damages or losses that result from travel to such destinations.

  You and any children travelling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.

  For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services.

  Obtaining and carrying these documents is your sole responsibility. Hello Africa Travel bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.

Health

Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. 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 tour.

  Traveller Cancellations and Refunds If: The applicable Operator does not confirm the requested booking, or, as a Traveller, you cancel your requested booking before the requested booking is confirmed by an Operator, any amounts collected by Hello Africa Travel or its third-party payment processor will be refunded to the Traveller within a commercially reasonable time, depending on the selections the Traveller made via the Site and Application, and any pre-authorization of such Traveller’s credit/debit card will be released. Once your booking is confirmed by the applicable Operator, the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator.

  Please carefully read the fine print and important information in the Listing, the booking page and your reservation confirmation for policies as applied by the Operator. A cancellation must be done via email to our customer support team.

  If you are advised that your booking is on an ‘on request’ basis (which is typically the case for tours booked shortly prior to departure), the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator from the moment when you have submitted the booking request.

  When a tour is ‘on request’ the Operator needs several business days to ensure that all of the components of the tour package can be confirmed for you. This process may not be interrupted by a request to cancel. So, if the request comes back approved you will be charged for the full amount, and if, as a Traveller, you cancel such a booking, this does not entitle you to any refund. If the Operator cannot confirm your request, you will receive a full refund.

Operator Cancellations and Refunds

If an Operator cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Traveller within a commercially reasonable time of the cancellation by the Operator and the Traveller may receive an email or other communication from Hello Africa Travel containing non-binding suggestions for alternative Listings and other related information.

  If an Operator 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 via our contact page.

Hello Africa Travel Rewards Programs

Friends with Benefits If applicable, Hello Africa Travel’s Friends with Benefits program allows you as a Traveller to earn Hello Africa Travel’s travel credits for friends who are not currently Hello Africa Travel members and who have never booked a tour with Hello Africa Travel (the “New User”) you refer that make a qualified booking with Hello Africa Travel.

  Members of Hello Africa Travel’s affiliate program may not simultaneously collect travel credits via your invite link. To accumulate and redeem travel credits you must maintain a Hello Africa Travel account in good standing.

  To earn travel credits, refer New Users by sending them your personal invite link, available in your member’s area on the Site. You may also share your unique invite link via email and social media to friends and family. You may not share your personal link on public forums or coupon sites. If you do this, it is a violation of this Agreement and Hello Africa Travel may terminate your account. You will then forfeit all credits in your account.

  Hello Africa Travel reserves the right to cancel, revoke, or otherwise prevent the issuance of travel credits in any suspected case of fraudulence or misuse of this program and does not need to provide any details or explanation. If the New User clicks your unique invite link (or enters your invite code) and books directly with Hello Africa Travel using your indicated discount (unless otherwise stated 5 %), Hello Africa Travel will deposit the indicated amount (unless otherwise stated 5 %) of your friend’s tour value on the day your friend books the tour, to your Hello Africa Travel Account.

  You must be signed in to your Hello Africa Travel account to use your travel credits. These credits can be used to book any tour through Hello Africa Travel. Travel credits are non-refundable. Upon cancellation of a tour by the Traveller, any credits used for the booking will not be refunded. Hello Africa Travel reserves the right at any time to modify or discontinue the Friends with Benefits program either temporarily or permanently (or any part thereof) with or without notice.

  Hello Africa Travel will not be liable to you in the event of any modification, suspension or discontinuance of this program. Travel credits are not redeemable for cash or equivalents. Hello Africa Travel’s promo codes and travel credits cannot be applied on existing confirmed bookings.

  Should you choose to cancel your Hello Africa Travel membership, any travel credits you have at the time will not be refundable.

Other Travel Credits

Hello Africa Travel may in its sole discretion provide travel credits as part of Hello Africa Travel’s rewards program. These travel credits will be based on the tour you book and they may be deposited into your Hello Africa Travel account. These credits can be used on the same basis as outlined above for the Friends with Benefits program.

Promo Codes

Hello Africa Travel may in its sole discretion offer promo codes from time to time and unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings for tours and on the same basis as outlined above for the Friends with Benefits program. Only one promo code can be redeemed per booking and they may not be combined with travel credits.

Content

All materials and content on the Website, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights (“Intellectual Property”).

  The Intellectual Property is governed and protected by South Africa and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively the “IP Providers”).

  The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers.

  Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms. All software, applications, and modules (collectively, “software”) used on the Site are proprietary to or licensed to us by other parties (“Software Providers”, together with IP Providers, the “Providers”). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site. Further, you cannot (i) use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; (iii) use any “robot”, “spider”, or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.

  Hello Africa Travel may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials (“Content”).

  By making available any Content on or through the Services, you agree that Hello Africa Travel may use the Content as Hello Africa Travel at its discretion sees fit in particular on its (mobile) website and app, and in (online/offline) promotional materials and publications. You hereby grant to Hello Africa Travel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Services.

  Hello Africa Travel does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.

  You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that:

  (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Hello Africa Travel the rights in such Content, as contemplated under these Terms; and

  (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Hello Africa Travel’s use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  The person who uploaded the Content warrants that the Content shall not contain any viruses, Trojan horses or infected files. You must not store illegal content on the Site and Hello Africa Travel will monitor the site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria will not be posted and can be removed at any time and without prior notice.

  Hello Africa Travel may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time:

  terminate your access to the Services, and deactivate or terminate your Hello Africa Travel account. Upon termination Hello Africa Travel will within a commercially reasonable time pay you any amounts which Hello Africa Travel is legally obliged to pay you.

  Hello Africa Travel does not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.

Reporting Claims of Copyright Infringement

If you believe that materials hosted by us infringes your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.

  A physical signature of the person authorized to act on behalf of the owner of the copyrighted work; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;

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

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

  Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows: info@helloafricatravel.com with COPYRIGHT INFRINGEMENT REPORT on the subject line.

  We reserve the right in appropriate circumstances to remove content on the Website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

Disclaimer

If you choose to use the Services, you do so at your sole risk. Hello Africa Travel does not have an obligation to conduct checks on any Travellers, Operators, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided “as is”, without warranty of any kind. In particular, Hello Africa Travel makes no warranty regarding the quality of any Listings, Tours, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from Hello Africa Travel.

  Without limiting the foregoing, Hello Africa Travel is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Tours and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis.

  You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability in respect of the Listings and the Tour. Hello Africa Travel is not a (re)seller of the Tour. Complaints or claims in respect of the Tour are to be dealt with by the Operator. Hello Africa Travel is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. Hello Africa Travel explicitly disclaims all liability for any act or omission of any Traveler or other third party.

  Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any e-mail or links sent to you by Hello Africa Travel. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through Hello Africa Travel (whether through this site or call center), even if advised of the possibility of such damages.

  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 and Content, your booking of any Tours via the Services, and any contact you have with other users whether in person or online remains with you.

  Hello Africa Travel shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of Hello Africa Travel’s obligations in respect to the Services, up to the maximum amounts specified herein. Neither Hello Africa Travel nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for

  (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim,

  (b) any inaccuracy relating to the (descriptive) information of the Operator as made available,

  (c) the services rendered or the products offered by the Operators or other business partners,

  (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or

  (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, negligence, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services.

  Hello Africa Travel has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. In no event will Hello Africa Travel’s aggregate liability arising out of or in connection with your use of or inability to use the Services or from any interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Traveller in the twelve (12) month period prior to the event giving rise to the liability, or one thousand South A (USD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hello Africa Travel and you.

  Indemnification Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips, or the Intellectual Property.

  Links to Third-Party Sites Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by Hello Africa Travel of the content of such linked websites or third-party services.

  Hello Africa Travel has no control of the content of any linked website and is not responsible for these websites or their content or availability.

  Hello Africa Travel makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services.

  If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk.

  Hello Africa Travel accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

Complaints

Fortunately, complaints are few and far between. However, should you have a complaint, please contact Hello Africa Travel’s customer service at (e-mail and phone) within 60 days of return from your tour. A consumer may also bring proceedings in the courts of the country in which consumer is domiciled. However, consumer agrees that complaints not received within 60 days from the return date of your tour will be barred.

Severability

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, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

  The commercial relationships that Hello Africa Travel has with the Operators are governed by separate agreements. Operators may have, declare applicable or require acceptance of their own terms and conditions for the use, access and consummation of the Tour (which may include disclaimers and limitations of liability).

Modifications

Hello Africa Travel reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.