Section 25 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against CloudSafaris in the United States. Please read them carefully.
Last Updated: September 11, 2023
These Terms of Service (“Terms”) are a binding legal agreement between you and CloudSafari Inc. (CloudSafaris) that govern your right to use the websites, applications, and other offerings from CloudSafaris (collectively, the “CloudSafaris Platform”). When used in these Terms, “CloudSafaris,” “we,” “us,” or “our” refers to the CloudSafaris entity set out on Schedule 1 with whom you are contracting.
The CloudSafaris Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “ Tour Operators” Members who search for, book, or use services are “Guests.” CloudSafaris Inc offer accommodations (“Accommodations”), activities, excursions, events (“Experiences”), safaris (“Safaris”), and a variety of travel and other services (collectively, “ Tour Operator Services,” and each Tour Operator Service offering, a “Listing”). You must register an account to access and use many features of the CloudSafaris Platform, and must keep your account information accurate. As the provider of the CloudSafaris Platform, CloudSafaris does not own, control, offer or manage any Listings, Tour Operator Services, or safari services. CloudSafaris is not a party to the contracts entered into directly between Tour Operators and Guests, nor is CloudSafaris a real-estate broker, or insurer. CloudSafaris is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”).
Our mission is to create a world where you can travel with simplicity and ease. From safaris to mountain climbing, to relaxing on a beach, browse through many travel options to find the ones that fit the way you like to travel and explore. Learn more about travel options by reviewing the description, blog posts, pictures, Tour Operator profiles, and Guest reviews. If you have questions, just message the Tour Operator or us at [email protected].
You can search for Safari Services by using criteria like the travel destination, accommodation type, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Tour Operator requirements (e.g. minimum age requirement), and more.
Our aim is to provide exactly the right travel arrangements to suit your requirements.
When you book a safari service, you are agreeing to pay all charges for your booking including the Safari service price, applicable fees, CloudSafaris’ service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that CloudSafaris may charge the Payment Method (as defined in the Payment Terms) used to book the Safari Service in order to collect Damage Claim (as defined in Section 17) amounts.
When you receive the booking confirmation, a contract for Tour Operator Services (a "Reservation") is formed directly between you, the Accommodation(s), Transportation Partners, and the Tour Operator. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation.
The deposit required to book your trip is shown on your quotation. The deposit will be 30% of the total trip price, excepting air travel and any permits which need to be paid for in full at time of booking as tickets will be issued immediately and are non-refundable (‘the Deposit’). Occasionally an additional deposit may be requested in order to secure a booking e.g., for peak departure periods (“The Additional Deposit”). The purpose of the Deposit, other than payment to Third Party Suppliers, is to cover costs, disbursements and service fee incurred by CloudSafaris and in the event of any cancellation as provided for herein the Deposit and any Additional Deposit will be forfeited by the Client.
You must make all payments in full and on time. Failure to make a payment may result in the cancellation of your travel and the forfeiture of your Deposit and any Additional Deposit. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. We reserve the right to refuse service to anyone. In such case, a full refund would be provided, and we would have no further liability to you.
Your final balance will be due in full three calendar months prior to departure. Trips booked within three months of travel require full payment at the time of booking.
Payments can be made by bank transfer or by credit or debit card. While we do accept major credit cards including Visa, Mastercard and American Express, travelers must provide to us a click or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to the Company Terms and Conditions and the Supplier Terms and Conditions including the cancellation terms. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Tour Operators work with a Co-Tour Operators (other Operators) or as part of a team to provide their Tour Operator Services.
It is important for you to check the details on the Confirmation Invoice as soon as you get it. In the event of any discrepancy please contact us immediately at [email protected]. CloudSafaris will be responsible for making payments to Third Party Suppliers on confirmed bookings by you on your behalf and remitting the booking fee element to the Company.
An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Accommodation staff retain the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Accommodation, and (iii) consistent with applicable law. If you stay past checkout, the Accommodation has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests. Accommodation Reservations also extend to the hotels, lodges, camps, tented lodges and other housing.
An Experience or other Tour Operator Service Reservation entitles you to participate in, attend, or use that Tour Operator Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Tour Operator of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Tour Operator Service. Except where expressly authorized, you may not allow any person to join a Tour Operator Service unless they are included as an additional guest during the booking process.
The Company will make every effort to assist you if you wish to alter your arrangements. Guests and Tour Operators are responsible for any booking modifications they agree to make via the CloudSafaris Platform or direct CloudSafaris customer service to make on their behalf ("Booking Modifications"). If it is possible to make the amendment, it will be subject to any fees charged by our suppliers, together with all communication charges or other expenses incurred by the Company as a result of the change.
In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy (as determined by CloudSafaris and the Tour Operator) that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If the Tour Operator cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be eligible for rebooking assistance or a partial or full refund pending the circumstance as evaluated by CloudSafaris
All cancellations are subject to the Supplier Terms and Conditions of the Third Party Suppliers. Some Third Party Suppliers may choose to offer future travel credits in lieu of a cash refund. We CloudSafaris are not liable for a Third Party Supplier’s failure to provide a refund or for Third Party Supplier insolvency or bankruptcy.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, Experience, Transportation, or other Tour Operator Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Accommodation, Tour Operator, or Transportation Partner, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the CloudSafaris Platform and any Content (as defined in Section 11), including your stay at any Accommodation, participation in any Experience, use of any other Tour Operator Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Tour Operator Service (Operator), Accommodation and Transportation Companies to determine whether it is suitable for you. For example, Tour Operator Services may carry a risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Tour Operator Services.
It is your responsibility to ensure that all necessary travel documentation, permits and/or visa regulations are met for any countries you intend to visit or transit through. The Company can provide advice and guidance on these areas but ultimately it is your responsibility to ensure any regulations are met. You will need a full 10-year passport to travel which is valid for six months after the date of your return. Some destinations also require visas, and you should contact the Embassy or Consulate of the country which you are planning to visit in good time before you travel. All children should travel on full passports. Your passport must have sufficient blank visa pages available in accordance with the requirements of the countries you intend to visit. 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 timeously. The client must ensure that the details are supplied to CloudSafaris mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 (six) months after your scheduled departure from the countries you are visiting, please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if you have a valid visa. Furthermore, caution should be taken when your countries of transit or final destination issue a visa on arrival.
You must ensure you meet the immunization, inoculation and medication regulations of any country you visit and it is suggested that you liaise with the relevant consulates and embassies for up-to-date information in good time before your departure and, if particular health issues are prevalent in any country included in your itinerary, consult medical practitioners that are familiar with it. The Company can provide advice and guidance on these areas but ultimately it is your responsibility to ensure any regulations are met.
CloudSafaris cannot accept responsibility and no credit or refunds will be given if you fail to take up any component of your trip. No credit or refunds will be given for lost, mislaid, or destroyed travel documents. Most people go on vacation for rest and relaxation, so if in our reasonable opinion or that of any hotel manager, tour leader or other person in authority, your behavior is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your vacation. Should this happen no refund or compensation would be paid. The Client indemnifies and holds harmless CloudSafaris against damages suffered and/or costs incurred by CloudSafaris and/or any third party as a result of a breach of this clause.
If you lose any personal items while on vacation, please obtain a written report from the police to help with any insurance claim upon your return. Travelers are aware that travel in such areas while on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, CloudSafaris and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, 17 overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
You understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, travelers are willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, executors, administrators, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS AND RELEASE the Company and Third Party Suppliers, their respective shareholders, members, partners, officers, agents, and/or employees, suppliers, and other trip members (RELEASEES), from any claims associated with the trip including all liability in respect of loss (financial or otherwise, direct, indirect or economic), damage, accident, injury, death, harm or illness, trauma, delay or inconvenience to any Client, to or loss of or damage to their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of any of the Indemnified Parties whatsoever, unless such claim is for injury or death and due to a negligent act or omission of Company, including any form of transport to, form or during the tour.
Special Requests, such as diet, room location, twin- or double-bedded room, or a particular facility which are an important factor in the choice of trip, should be indicated on the Booking Form or made in writing. We will pass your request on to the hotel or other service provider but cannot guarantee that it will be accommodated. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is met. The provision of any Special Request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
It is a condition of booking that you and all members of your party have comprehensive insurance and that it is adequate for your needs. Your policy of insurance should provide coverage for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, 18 curtailments, missed departure and legal expenses. Please note these are suggestions only and it does not constitute an exhaustive list. We also strongly recommend the purchase of additional cancel for any reason coverage, where available. Note that special insurance may be required if you intend to undertake any dangerous or sports activities.
Please keep your insurance details with you while on vacation. Some activities carry inherent risks and if you are participating in such activities, you may be asked to sign an additional form by the local supplier.The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the Client. 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.
If you or any member of your party suffers from a disability or other medical condition or is taking prescribed medication that may impact on the member’s participation in the trip and/or activities, please tell us before you book. The Company is happy to give you advice and to try to assist you in choosing a vacation that will meet your requirements. However, most of our vacations are in destinations which are off the beaten track and lack even the simplest facilities for disabled guests such as ramps for wheelchairs, lifts and so on. Many of our vacations require a fair degree of physical fitness. Medical facilities may not be readily available. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. An appropriate medical form will be sent to you for this purpose. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure. We may request that you provide a letter from your doctor confirming your fitness to travel. Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by the companion of the traveler. Travelers with disabilities must notify the Company at the time of booking of the status and identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise the Company how far your pregnancy is when traveling, as some service providers have restrictions.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Tour Operator Services. Some jurisdictions require Tour Operators to register, get a permit, or obtain a licence before providing certain Tour Operator Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Tour Operator Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Tour Operators. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Tour Operator Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply, you should always seek legal advice.
The ranking of Listings and Tour Operators in search results on the CloudSafaris Platform depends on a variety of factors, including these main parameters:
Guest search parameters (e.g. number of Guests, time and duration of the trip, price range, etc.)
Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Tour Operator Service, Tour Operator status, age of the Listing, average Guest popularity)
Guest booking experience (e.g. customer service and cancellation history of the Tour Operator, ease of booking)
Tour Operator requirements (e.g. minimum or maximum nights, booking cut-off time), and
Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).
Search results may appear different on our mobile application than they appear on our website. CloudSafaris may allow Tour Operators to promote their Listings in search or elsewhere on the CloudSafaris Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Centre.
Tour Operators and Guests are responsible for any Booking Modifications they agree to make via the CloudSafaris Platform or direct CloudSafaris customer service to make on their behalf, and agree to pay any additional amounts, fees, or taxes associated with a Booking Modification.
As a Tour Operator, you should not cancel on a Guest without a valid reason under applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences as determined by CloudSafaris If: (i) a Guest experiences a Travel Issue, (ii) an Extenuating Circumstance arises, or (iii) a Reservation is canceled under Section 17 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by CloudSafaris exceeds your payout, CloudSafaris may recover that amount from you, including by offsetting the refund against your future payouts. You agree that CloudSafaris' Guest Refund Policy, Extenuating Circumstances Policy, (as evaluated by CloudSafaris), and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Tour Operator an Experience, please note that the Experience Cancellation Policy, Experiences Guest Refund Policy, and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation.
Tour Operator Taxes. As a Tour Operator, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes"). Collection and Remittance by CloudSafaris In jurisdictions where CloudSafaris facilitates the collection and/or remittance of Taxes on behalf of Tour Operators, you instruct and authorize CloudSafaris to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by CloudSafaris are identified to Members on their transaction records, as applicable. CloudSafaris may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Member’s tax obligations, and you agree that your sole remedy for Taxes collected by CloudSafaris is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that CloudSafaris may issue on your behalf invoices or similar documentation for VAT, GST, consumption, or other Taxes for your Tour Operator Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
As a Tour Operator or Vehicle Hire CloudSafaris offers you the right to use the CloudSafaris Platform to share your Services, Experience, Knowledge with our vibrant community of Guests—and earn money doing it. It’s easy to create a Listing or list your Service and you are in control of how you — set your price, availability, package, and rules for each Listing.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Tour Operator or Vehicle HireServices. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the CloudSafaris Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the CloudSafaris Platform.
If you work with a Co-Tour Operator or Tour Operator as part of a team, business, or other organization, the entity and each individual who participates in providing Tour Operator Services is responsible and liable as a Tour Operator under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business, or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct CloudSafaris to transfer a portion of your payout to a Co- Tour Operator or other Tour Operators, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
You acknowledge that Tour Operating carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the CloudSafaris Platform, offering Tour Operator Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the CloudSafaris Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Tour Operator Services and that you are not relying upon any statement of law made by CloudSafaris
When you accept a booking request, or receive a booking confirmation through the CloudSafaris Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Tour Operator Service under the terms and at the price specified in your Listing. You also agree to pay applicable fees like CloudSafaris' service fees (and applicable taxes) for each booking. CloudSafaris will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies (as evaluated by CloudSafaris) and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Your relationship with CloudSafaris is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of CloudSafaris, except that CloudSafaris acts as a payment collection agent as described in the Payments Terms. CloudSafaris does not direct or control your Tour Operator Service, and you agree that you have complete discretion whether and when to provide Tour Operator Services, and at what price and on what terms to offer them.
The CloudSafaris Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Tour Operator Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up to date and accurate at all times. We recommend that you obtain appropriate insurance for your Tour Operator and or Safari Guiding Services and suggest you carefully review policy terms and conditions including coverage details and exclusions.
As an airline, CloudSafaris offers you the right to use the CloudSafaris Platform to share your Services, Experience, Knowledge with our vibrant community of Guests—and earn money doing it. It’s easy to create a Listing or list your Service and you are in control of how you — set your price, availability, package, and rules for each Listing.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your airline Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the CloudSafaris Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the CloudSafaris Platform.
If you work with a Co-Airline or other Airlines as part of a team, business, or other organization, the entity and each individual who participates in providing Airline Services is responsible and liable as a Airline under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business, or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct CloudSafaris to transfer a portion of your payout to a Co- Airline or other Airline, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
You acknowledge that Airline carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the CloudSafaris Platform, offering Airline Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the CloudSafaris Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Services and that you are not relying upon any statement of law made by CloudSafaris
When you accept a booking request, or receive a booking confirmation through the CloudSafaris Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Airline Service under the terms and at the price specified in your Listing. You also agree to pay applicable commission fees for each booking. CloudSafaris will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies (as evaluated by CloudSafaris) and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Your relationship with CloudSafaris is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of CloudSafaris, except that CloudSafaris acts as a payment collection agent as described in the Payments Terms. CloudSafaris does not direct or control your Tour Operator Service, and you agree that you have complete discretion whether and when to provide Tour Operator Services, and at what price and on what terms to offer them.
After each Tour Operator Service, Guests and Tour Operators will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy (as evaluated by CloudSafaris). Reviews are not verified by CloudSafaris for accuracy and may be incorrect or misleading.
CloudSafaris may charge fees (and applicable Taxes) to Tour Operators and Guests for the right to use the CloudSafaris Platform. Except as otherwise provided on the CloudSafaris Platform, service fees are non-refundable. CloudSafaris reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 15.2.
You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair the CloudSafaris Platform
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the CloudSafaris Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the CloudSafaris Platform or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the CloudSafaris Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the CloudSafaris Platform.
Only use the CloudSafaris Platform as authorized by these Terms or another agreement with us
You may only use another Member’s personal information as necessary to facilitate a transaction using the CloudSafaris Platform as authorized by these Terms.
Do not use the CloudSafaris Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
You may use Content made available through the CloudSafaris Platform solely as necessary to enable your use of the CloudSafaris Platform as a Guest or Tour Operator.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not request, make, or accept a booking or any payment outside of the CloudSafaris Platform to avoid paying fees, taxes, or for any other reason.
Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application, or service before, during, or after a Reservation, unless authorized by CloudSafaris
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book Tour Operator Services unless you are actually using the Tour Operator Services.
Do not use, copy, display, mirror, or frame the CloudSafaris Platform, any Content, any CloudSafaris branding, or any page layout or design without our consent.
Honor your legal obligations
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.
Do not use the name, logo, branding, or trademarks of CloudSafaris or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with CloudSafaris branding.
Do not offer Tour Operator Services that violate the laws or agreements that apply to you.
Do not offer or solicit prostitution or participate in or facilitate human trafficking.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting CloudSafaris In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to CloudSafaris If you reported an issue to local authorities, CloudSafaris may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
If you believe that Content on the CloudSafaris Platform infringes copyrights, please notify us.
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. We will not pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons. You are entitled to a copy of your information held by us. If you would like to see this, please contact the Company during normal working hours. (We make a small charge for providing this to you). The information you are required to provide may include debit/credit card details. As set out above, we take full responsibility for ensuring that proper security measures are in place to protect this information. In accordance with applicable legal, regulatory, and business requirements this information will be securely deleted as soon as it is no longer required.
The agreement between you and CloudSafaris reflected by these Terms is effective when you access the CloudSafaris Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate this agreement at any time by sending us an email. CloudSafaris may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. CloudSafaris may also terminate this agreement immediately and without notice and stop providing access to the CloudSafaris Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect CloudSafaris, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) CloudSafaris believes it is reasonably necessary to protect CloudSafaris, its Members, or third parties; CloudSafaris may, with or without prior notice:
Suspend or limit your access to or use of the CloudSafaris Platform and/or your account;
Suspend or remove Listings, Reviews, or other Content;
Guest booking experience (e.g. customer service and cancellation history of the Tour Operator, ease of booking)
Cancel pending or confirmed bookings; or
Suspend or revoke any special status associated with your account
For minor violations or where otherwise appropriate as CloudSafaris determines in its sole discretion, you will be given notice of any intended measure by CloudSafaris and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Tour Operator will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
CloudSafaris may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 15.3. 13.5 Effect of Termination. If you are a Tour Operator and terminate your CloudSafaris account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the CloudSafaris Platform has been limited, or your CloudSafaris account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the CloudSafaris Platform through an account of another Member.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 28.
CloudSafaris may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the CloudSafaris Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the CloudSafaris Platform will constitute acceptance of the revised Terms.
If a Member provides valid evidence that you, your guest(s), or your pet(s) damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify CloudSafaris and/or seek compensation. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to CloudSafaris and CloudSafaris determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, CloudSafaris can collect the amount of the Damage Claim from you. You agree that CloudSafaris may seek to recover from you under any insurance policies you maintain and that CloudSafaris may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information CloudSafaris requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Tour Operator Services.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Tour Operator Services. While we work hard to ensure our Members have great experiences using CloudSafaris, we do not and cannot control the conduct of Guests and Tour Operators. You acknowledge that CloudSafaris has the right, but does not have any obligation, to monitor the use of the CloudSafaris Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the CloudSafaris Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that CloudSafaris administers its additional legal terms, Policies (such as our Extenuating Circumstances Policy), and Standards (such as basic requirements for Tour Operators) – (as evaluated by CloudSafaris), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist CloudSafaris in good faith, and to provide CloudSafaris with such information and take such actions as may be reasonably requested by CloudSafaris with respect to any investigation undertaken by CloudSafaris regarding the use or abuse of the CloudSafaris Platform. CloudSafaris is not acting as an agent for any Member except for where CloudSafaris acts as a collection agent as provided in the Payments Terms.
You must register an account to access and use many features of the CloudSafaris Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the CloudSafaris Platform under the laws of the United States of America, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify CloudSafaris if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide the CloudSafaris Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Guest, Tour Operator, Tour Operator Service, Listing, or third party; (ii) we do not warrant the performance or non-interruption of the CloudSafaris Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or CloudSafaris has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
Neither CloudSafaris (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the CloudSafaris Platform or any Content 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 (i) these Terms, (ii) the use of or inability to use the CloudSafaris Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the CloudSafaris Platform, or (iv) publishing or booking of a Listing, including the provision or use of Tour Operator Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CloudSafaris has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. Except for our obligation to transmit payments to Tour Operators under these Terms, or make payments under the CloudSafaris Tour Operator Damage Protection, in no event will CloudSafaris' aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the CloudSafaris Platform, any Content, or any Tour Operator Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Tour Operators, the amount paid to you as a Tour Operator in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred US dollars ($100 USD).
These limitations of liability and damages are fundamental elements of the agreement between you and CloudSafaris If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at CloudSafaris' option), indemnify, and hold CloudSafaris (including CloudSafaris, other affiliates, and their personnel) 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: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards (as evaluated by CloudSafaris ) (ii) your improper use of the CloudSafaris Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Tour Operator Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third-party rights such as intellectual property or privacy rights.
Based on your country of residence or establishment and what you are doing on the CloudSafaris Platform, Schedule 1 below sets out the CloudSafaris entity with whom you are contracting. If we identify, through the CloudSafaris Platform, an CloudSafaris entity other than the one set out on Schedule 1 as being responsible for a product, feature, or transaction, the CloudSafaris entity so identified is your contracting entity with respect to that product, feature, or transaction. If you change your country of residence or establishment, the CloudSafaris company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 25, must be brought in state or federal court in Middletown, Deleware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Middletown, Deleware.
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against CloudSafaris in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
CloudSafaris is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with CloudSafaris' customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and CloudSafaris each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
At least 30 days prior to initiating an arbitration, you and CloudSafaris each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to CloudSafaris by emailing it to CloudSafaris': [email protected]. CloudSafaris will send its notice of dispute to the email address associated with your CloudSafaris account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
You and CloudSafaris mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the CloudSafaris Platform, Tour Operator Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and CloudSafaris agree that the arbitrator will decide that issue.
You and CloudSafaris each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the CloudSafaris Platform or Host Services. You and CloudSafaris agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
In order to make the arbitration most convenient to you, CloudSafaris agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Middletown, Deleware; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA 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 with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
You and CloudSafaris acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
You and CloudSafaris acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class-action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Except as provided in Section 25.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
If CloudSafaris changes this Section 25 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and CloudSafaris (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and CloudSafaris
Except as provided in Section 25.12 and subject to Section 15.5, this Section 25 will survive any termination of these Terms and will continue to apply even if you stop using the CloudSafaris Platform or terminate your CloudSafaris account.
If you reside or have your place of establishment in China, these Terms and this Section 26.1 are governed by the laws of the People’s Republic of China. In this situation, any dispute arising from or in connection with these Terms or use of the CloudSafaris Platform shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English.
If you reside or have your place of establishment in China, and are contracting with CloudSafaris or any other non-China entity, these Terms and this Section 26.2 are governed by the laws of Singapore. In this situation, any dispute arising out of or in connection with these Terms or use of the CloudSafaris Platform, including any question regarding the existence, validity, or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
The above Sections 26.1 and 26.2 are expressed to be without regard to conflict-of-laws provisions and shall not be construed to limit any rights which CloudSafaris may have to apply to any court of competent jurisdiction for any order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of Singapore, the People’s Republic of China, or any other laws that may apply to you.
If you reside or have your place of establishment in Brazil, these Terms will be interpreted in accordance with the laws of Brazil, without regard to conflict-of-law provisions. Legal proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Brazil.
If you reside or have your place of establishment outside of the United States, China, and Brazil, this Section applies to you and these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As an individual consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of CloudSafaris' place of business in Ireland. If CloudSafaris wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
Other Terms incorporated by Reference. Our Tour Operator Damage Protection, Guest Refund Policy, Experiences Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards, and other supplemental policies and terms as evaluated by CloudSafaris, apply to your use of the CloudSafaris Platform, are incorporated by reference, and form part of your agreement with CloudSafaris.
Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between CloudSafaris and you pertaining to your access to or use of the CloudSafaris Platform and supersede any and all prior oral or written understandings or agreements between CloudSafaris and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and CloudSafaris If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms, it connotes an obligation with the same meaning as “shall.”
CloudSafaris' failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without CloudSafaris' prior written consent. CloudSafaris may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by CloudSafaris via email, CloudSafaris Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.
The CloudSafaris Platform may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. CloudSafaris is not responsible or liable for any aspect of such Third-Party Services, and links to such Third-Party Services are not an endorsement.
Some translations on the CloudSafaris Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement. Some areas of the CloudSafaris Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Content made available through the CloudSafaris Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of CloudSafaris and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the CloudSafaris Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, CloudSafaris grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the CloudSafaris Platform and accessible to you, solely for your personal and non-commercial use.
CloudSafari.io is owned and controlled by CloudSafaris and serves as a redirect to point users (Guests, Tour Operators, etc. to cloudsafaris.com).
CloudSafaris shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You will receive administrative communications from us using the email address or other contact information you provide for your CloudSafaris account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an CloudSafaris account.