Terms & Conditions

General

The Company

Africana | Your Travel Partner

Acceptance Of This Agreement By You

By accessing this website or utilizing the services provided by Africana, you acknowledge and agree to the terms and conditions set forth in this document.

This agreement is legally valid and enforceable for all individuals who access this website, any of its parts, or engage with the services offered by Africana. It is important to carefully review this agreement. Your continued use of this website or engagement with Africana's services signifies your acceptance and consent to be bound by these terms and conditions. If you do not agree to abide by this agreement, please exit the website immediately and refrain from using any of Africana's websites or services. Continued use will constitute your automatic agreement to be bound by this agreement.

Acceptance Of This Agreement By All Travellers

By accepting this agreement, you are also accepting it on behalf of all travellers included in your bookings made through Africana's website or services. By doing so, you confirm that you have the necessary authority to act on their behalf.

Variation

Africana reserves the right to modify this agreement or any part of it at any time, without prior notice or justification, at its sole discretion. Any changes will be posted on this page. We encourage you to review this agreement each time you visit our website, as your continued use of Africana's websites or services after any changes are posted will be considered acceptance of the modified agreement, which will become effective upon posting.

The Entire Agreement

This agreement represents the complete and exclusive understanding between you and Africana, replacing any previous promises, representations, agreements, policies, or understandings of any kind. If any part of this user agreement is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, that part will be considered separable from the remaining terms, which will remain enforceable to the fullest extent permitted by law.

Failure To Enforce

A failure by Africana to exercise or enforce any right or provision of this agreement does not constitute a waiver of that right or provision. Africana retains the right to transfer, assign, or delegate its rights and obligations under this user agreement to any third party.

Legal Costs

Africana shall not be responsible for any costs incurred by you for obtaining professional advice regarding this user agreement.

Jurisdiction

This agreement is governed by the laws of South Africa. You agree that any legal actions arising from this user agreement shall be initiated and heard in the appropriate courts of South Africa.

Booking Terms

The Company's Services

Africana is a travel agency that operates self-service websites, including this website, to facilitate travel bookings from various third-party suppliers.

Always Self-Service

During the booking process, it is your sole responsibility to provide accurate information and assess the suitability of the travel service before making a booking. Although Africana may engage with you through different communication channels and assist on the website, the final assessment of suitability and verification of information accuracy rest with you.

Booking Is Directly With The Supplier

When you make a reservation using Africana's services, the booking is made with a third-party supplier ("Supplier"). Africana acts as an agent of the Supplier, who is responsible for delivering the agreed-upon travel service to you. Any recourse you may have regarding the travel service will be directly with the Supplier, although Africana is always ready to assist to the best of its abilities.

Quotes, Rates, And Prices

All rates published on this website are subject to change without prior notice. The rates displayed on the website, except for quotations, are intended as guidelines only. Only quotations offered directly to users through the website constitute legal offers. Quotations are always subject to Supplier availability.

While Africana strives to display accurate prices at all times, occasional pricing errors may occur. In such cases, Africana will reprice the service, even if the amount was included in a quotation or has already been paid for.

Your Responsibilities

By using The Company's self-service booking website, you acknowledge and accept certain responsibilities. These responsibilities include, but are not limited to:

• Supplier Selection: Ensuring the selection of the appropriate Supplier that meets your specific requirements.
• Accurate Information: Checking that all details provided during the booking process are accurate and correctly captured.
• Travel Documentation: Obtaining all necessary travel documentation and permissions before finalizing your booking.
• Health Considerations: Understanding and addressing any recommended vaccinations or medication for your destination.
• Traveller Eligibility: Ensuring that all travellers meet the necessary eligibility criteria, including age, health, financial status, or any other relevant factors.
• Other Influencing Factors: Taking into account any other factors that could impact your ability to undertake or enjoy your booking.

For instance, if the following documents are required, it is your responsibility to ensure that the relevant travellers possess them:

• Valid identification
• Valid passport(s)
• Valid visa(s)
• Valid birth certificate(s)
• Any other documents necessary for your travel

Additionally, The Company strongly advises that you obtain appropriate insurance coverage to protect against the various risks associated with your booking. It is important to understand that The Company does not provide coverage for these risks. Therefore, you should secure adequate protection for potential issues such as illness, cancellation, injury, baggage damage, theft, and other unforeseen circumstances.

Taking these responsibilities seriously will help ensure a smooth and enjoyable travel experience.

Terms Of The Suppliers Apply

Please note that each Supplier has their own set of Terms and Conditions that govern your booking. It is your responsibility to carefully review and familiarize yourself with the Terms and Conditions of the respective Supplier before finalizing your reservation.

Accepting Instruction

The Company acknowledges that instructions pertaining to a booking may be accepted from any party who has access to the email account or cellphone number associated with the booking, or possesses relevant knowledge of the booking (e.g., reference number).

Cancellation Policy

Please note that unless otherwise specified during the booking process, all bookings and associated charges are non-refundable. In cases where a more flexible cancellation policy applies, it will be clearly indicated during the reservation process and included in your booking details. If no cancellation policy is displayed, please assume that the booking is non-refundable. To confirm the applicable cancellation policy, please reach out to us.

Upon receiving a written instruction from you to cancel a reservation, any refund owed to you by the Supplier, in accordance with their cancellation policy, will be remitted to The Company. Subsequently, The Company will process the refund within 7 days from the receipt of funds and transfer the refunded amount to your provided banking details (subject to any applicable fees). Please note that The Company is not obligated to make any payments if you are not entitled to a refund or if the funds cannot be recovered from the Supplier.

Unavailable Bookings

In the event that a Supplier is unable to provide the selected service (room/date/seat/flight) for which you have already made payment, The Company will make every effort to find a suitable alternative option for you. If this is not possible, we will assist you in recovering the funds from the Supplier to the best of our ability.

Travel Delays And Rescheduling

Please be aware that flights may experience occasional rescheduling or delays due to various factors. It is your responsibility to stay informed about any changes to your itinerary before your travel date. The Company cannot be held accountable for such changes. Any additional expenses incurred, including but not limited to accommodation charges or alternative travel arrangements, will be your responsibility.

Fees And Commissions

Africana may apply fees for services related to bookings, such as placing, modifying, amending, or cancelling the booking. Additionally, Africana may receive payments or commissions from Suppliers for bookings. We may also offer additional service offerings, either directly or as an agent of a Supplier.

These additional service offerings may have their own terms and conditions, which will take precedence over these terms in case of any contradictions.

Dissatisfaction

If you have any reason to be dissatisfied with your booking, we urge you to contact Africana immediately. Should any issues arise during your travel, please notify us promptly so that we can address the situation for the remainder of your trip. If you reach out to us after your travel, kindly do so within one week of your return or checkout. While we cannot guarantee a resolution that meets your complete satisfaction, we will make every effort to assist you.

Limitation Of Liability

In the event that, despite the provisions outlined in this user agreement, Africana is found liable for any damages, our liability shall be limited to a maximum of the total amount you have paid to us.

Disclaimer

Africana and its directors, employees, officers, representatives, agents, consultants, suppliers, service providers, or sub-contractors (referred to as "Indemnified Parties") shall not be held liable for any direct, indirect, special, or consequential losses or damages of any nature that may arise from:

• Your access to or use of this website.
• Your purchase and/or use of any products and services available on this website.
• The unavailability of any products or services provided on this website.
• The inability to access this website or use the products and/or services available on this website.
• The use of hyperlinks on this website or the use of or reliance on any website linked to or from this website.
• Access to or the inability to access websites linked to this website.
• Access and/or use of this website by any person in a jurisdiction where such activity is prohibited.
• The submission or transmission of information or material on or through this website by you.
• The violation of these conditions of use or any other laws, regulations, and rules by you.
• Information or material submitted to Africana by you that violates any law or breaches any third party's rights, including defamation, invasion of privacy, breach of confidence, or infringement of copyright or any other intellectual property rights.

This disclaimer also extends to your interactions with any Supplier, including stays at accommodations or flights booked through Africana's website or services. Furthermore, it covers the interactions of any traveler associated with a booking made through Africana's website or services with any Supplier.

You agree to indemnify and hold harmless the Indemnified Parties from any losses, damages, liability, claims, or costs, whether compensatory, direct, incidental, consequential, or otherwise, incurred by the Indemnified Parties arising from the aforementioned points (i) to (xii).

Africana reserves the right to defend and control any claims arising from the above information, and you agree to fully cooperate with Africana in any such defenses.

Website Use

Allowed Use Of This Website

You may access and browse this website solely for legitimate personal and non-commercial purposes. The use of this website for the following purposes is strictly prohibited:

• Harmful purposes.
• Illegal purposes.
• Disclosing, sharing, or publishing offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing, or damaging material to any person.
• Creating, storing, and sending unsolicited commercial communications.

Names, email addresses, telephone numbers, and fax numbers published on this website may not be incorporated into any database used for electronic marketing or similar purposes. The Company reserves all rights as detailed in section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECT Act").

Any breach of this user agreement by using information from this website may result in The Company claiming damages and/or instituting criminal proceedings against you.

Software And Equipment

You are responsible for obtaining and maintaining, at your own expense, the necessary computer hardware, software, communication lines, and Internet access accounts required to access the Internet and this website, and to download content from this website.

Login Details And Passwords

You are responsible for keeping your login details and passwords secure for accessing this website. Any action performed on this website by any person with access to your account will be legally binding. You indemnify The Company for any damage, loss, or liability arising from unauthorized access to this website.

Correctness Of Your Information

You are responsible for ensuring that all the information you provide to The Company is accurate and continuously updated, including your name and email address. The Company will not be liable for any damage, loss, or liability arising from any misrepresentation by you. Failure to keep your information current and updated may result in the suspension or removal of your account.

Intellectual Property Rights

Except as otherwise indicated, this website and all its content, including text, images, trademarks, trade names, logos, and other materials, are the proprietary property of The Company or its licensors or users, protected by South African and international copyright laws and treaties. Reproduction or appropriation of this content in any manner without prior written permission from The Company (or the respective owners, if applicable) is prohibited.

You may view, download, and/or print parts of this website for your own private and non-commercial use only, provided that any copies include relevant proprietary notices and/or disclaimers, and the content is not reproduced, modified, adapted, or processed in any way.

All other use of this website and its contents is strictly prohibited. No person is entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, use, or exploit the content for commercial or non-private purposes or create derivative works without The Company's prior written consent.

Amending, copying, using, decompiling, and/or reverse engineering the source code of this website is not permitted. The use of logos, icons, or trademarks from this website as hyperlinks or for any other purpose requires The Company's prior written consent.

This website contains material owned by or licensed to The Company, including design, layout, look, appearance, and graphics, which may be subject to copyright and/or other intellectual property rights. You may not copy, replicate, or use such information except as agreed upon between us and/or the right holder, or to the extent that such use is incidental to your use of the website.

Accuracy Of Supplier Content On This Website

Africana undertakes reasonable care to ensure the accuracy and currency of information provided by third parties on this website. However, we do not perform site inspections of suppliers. Therefore, we make no warranties regarding the accuracy or completeness of the information supplied by listed suppliers or users of this website.

Service Interruptions

Africana strives to maintain its reservation service and supporting technology, but we do not guarantee error-free or uninterrupted service. Africana will not be liable for any damage, loss, or liability arising from defects or service interruptions. Please report any malfunctions or errors to Africana.

Use Of Hyperlinks

Africana is not responsible for the content, availability, products, and services of any external websites linked to or accessed from this website. Hyperlinks provided are based on good faith belief that the linked websites contain relevant material. The inclusion of a hyperlink does not imply endorsement or association with the linked website's content, products, or services. Framing of this website without prior written permission from Africana is prohibited.

Security

Africana takes reasonable steps to secure the content and information collected on this website. However, we do not guarantee the absolute safety or security of this website. We recommend installing up-to-date antivirus software before downloading any material.

You may not deliver damaging code or attempt to breach the website's security measures. Any such action will result in indemnification of Africana against losses, liabilities, and damages incurred. Africana reserves the right to claim damages from those involved in developing, distributing, or using devices or programs designed to breach the website's security measures.

Access To The Website

Africana reserves the right to restrict, suspend, or terminate access to this website if it is believed that these conditions of use have been breached. Such actions will not affect any other rights Africana may have in relation to the breach.

Africana may remove the website or any sections/features without notice. Availability of the website at any specific time is not guaranteed.

No Warranty

This website is provided "as is" without any warranty, express or implied, regarding its operation, the accuracy of information, or the products and services referred to on this website. Africana does not guarantee that the website will meet your individual requirements or be compatible with your hardware and software. It is your responsibility to ensure compatibility and suitability before using this website.

Privacy Policy

Applicability

This privacy policy applies to Africana's website only. The website may contain hyperlinks to other websites ("linked sites") that are not under Africana's control or governed by this privacy policy. It is your responsibility to review the privacy policies of linked sites, and Africana is not liable for any breaches of their privacy policies. Hyperlinks to other sites do not imply endorsement or support of their content, products, or services, and Africana is not responsible for their content or privacy and security policies.

Types Of Information Collected

When you register on Africana's website, we collect specific information to provide you with requested services. This information may include:

• Full name
• Email address
• Business or home address
• Employer/affiliated organization
• Contact telephone numbers
• Date of birth
• Reason for accessing the site
• Intended usage of requested information
• Passport number or ID number
• Emails and phone call recordings from interactions with us
• Voluntary reviews of suppliers

We collect this information either electronically using cookies or through your voluntary provision.

Protection Of Personal Information

We take appropriate technical and organizational measures to secure the integrity and confidentiality of your personal information. This includes measures to prevent loss, damage, unauthorized destruction, unlawful access, or processing of personal information.

In the unlikely event that the security of your personal information becomes compromised, we will notify you as soon as reasonably possible.

We have policies, controls, and processes in place to implement and maintain these measures. These include:

• Physical, technical, and network security
• Access monitoring
• Secure storage, destruction, and encryption of personal information records
• Reporting and remediation of personal information breaches
• Imposing security and confidentiality obligations on third parties processing personal information as part of their services to us, through written agreements.

Data Retention And Deletion

Africana ensures that information is retained for the necessary duration and keeps the minimum amount of information required for its statutory functions and service provision.

We retain your Personal Information for the following purposes:

• Providing our platforms, products, or services to you.
• Compliance with applicable laws and our internal retention policies.
• Upholding the contract between you and Africana.

Disclosure Of Information To Third Parties

In addition to our data protection measures, your data is protected by the laws of South Africa.

Unless required by law enforcement action, subpoena, applicable law, or regulation, Africana will not share personal information with third parties without your permission.

We do not lease, sell, rent, or disclose any information provided by you to third parties, except in the following circumstances:

• If you make a booking with a supplier, we will share the necessary information for processing the booking. This may include your name, contact details, country of origin, passport number or ID number.
• Personal information may be transferred across borders for data consolidation, storage, and simplified customer information management.
• Africana may disclose information to its subsidiaries and authorized data processors. We ensure compliance with South African laws regarding the protection of your information.
• In the event of a merger or acquisition involving Africana, we may share some or all of your personal information with the merging or acquiring entity. They are prohibited from using the information for purposes other than those contemplated in this policy. Africana is not liable for any damage, loss, or liability arising from the unintentional misuse of information by such merging or acquiring entity.

Reviews Of Suppliers

Customer reviews of suppliers on Africana's website are voluntary. By submitting a review, you grant Africana a worldwide, non-exclusive license to use and modify the content. You also authorize third parties to do the same.

You represent and warrant that you have the necessary rights to grant these licenses and surrender any attribution rights.

Additionally, Africana may display your full name and country of origin alongside your review on the website.

Newsletter And Communication Opt-Out

You can unsubscribe from our newsletter by clicking the unsubscribe link in our email communications.

To have your information removed from our active databases, please contact us.

Customer Tracking

We reserve the right to track your movements on the website using third-party tools like "Google Analytics" and collaborate with tracking services like "Google Adwords" in order to provide a better service.

We use cookies and related technologies to identify you on subsequent visits and enhance your browsing experience. Disabling cookies may affect certain website features. Third-party services may also use cookies for tracking and improving user experience and advertising performance.

We collect IP information for statistical purposes and to improve the user experience on the website.

Non-Identifiable And Statistical Information

Africana owns and retains all rights to the non-personal statistical information collected on the website.