Terms & Conditions for Accommodations

Please first read the definitions below as these definitions are used in the rest of this Agreement without further explanation of their meaning.

• Accommodation or Accommodations
  A company or companies specialized in offering lodging for travelers.
• Accommodation Information or Information
  Text, images, logo, video or other types of content related to the Accommodation and provided by the Accommodation.
• Associated Companies
  The parent, sister and subsidiary companies of SafariBookings, such as, but not limited to, "SafariOffice BV".
• Marketing Services
  Services offered by SafariBookings or its Associated Companies that focus on helping Travel Companies increase their revenue and/or profit. Marketing Services include, but are not limited to, advertising, promotion, public relations, customer service, customer relationship management and market research. Examples of Marketing Services are:
  • The marketplace on the SafariBookings Website where Travel Companies offer tour packages and/or list themselves in a directory of Travel Companies.
  • Tools that enable Travel Companies to create trip proposals for clients.
  • Tools that enable Travel Companies to upload tour and accommodation packages to their website.
  • Tools that enable Travel Companies to generate sales brochures.
• SafariBookings
  SafariBookings BV is a private limited liability company located in the Netherlands (Dutch Chamber of Commerce number: 172 304 32) and publishes the SafariBookings.com website as well as other websites.
• SafariBookings.com or SafariBookings Website
  The website(s) of SafariBookings.
• Travel Companies
  The tour operators, travel agents, accommodations and other travel suppliers that make use of the Marketing Services offered by SafariBookings and its Associated Companies.

1. SafariBookings and its Associated Companies offer Marketing Services to Travel Companies.
2. Accommodation provides Information to SafariBookings with the intention that this Information will be used in the Marketing Services offered to Travel Companies. SafariBookings is entitled to provide this Information to its Associated Companies to provide the Marketing Services.

SafariBookings warrants that the Accommodation Information provided will only be used for marketing purposes.

Accommodation represents and warrants that the Information provided shall at all times be true, accurate and not misleading. Accommodation is at all times responsible for keeping its Accommodation Information correct and up-to-date.

1. Accommodation has all the necessary rights concerning the Information provided
   Accommodation warrants that it has all necessary rights, power and authority to use and (sub)license the Accommodation Information to SafariBookings, the Associated Companies, the Travel Companies and any third-party media that is used for marketing purposes. This includes the right to (sub)license images of which the intellectual property belongs to a third-party.
2. Accommodation grants permission to use its Information
   Accommodation grants SafariBookings, the Associated Companies and the Travel Companies the non-exclusive, perpetual and unlimited right, without any royalty or compensation in return, to use, edit, distribute, publish, disclose and duplicate the Information in any form and any media.
3. Images provided are free of moral rights and do not require a copyright notice
   Accommodation will only provide images that are free of moral rights and do not require a copyright notice. This means that the photographer or another third-party maker of an image does not have to be attributed, that a copyright notice is not required and that SafariBookings and its Associated Companies are allowed to modify the images.
4. SafariBookings may edit, exclude or translate Accommodation Information at any time for any reason
   SafariBookings reserves the right to edit, exclude and/or translate Information provided by Accommodation at any time for any reason (for example, when SafariBookings becomes aware that Information is incorrect, incomplete, not in proper English or in violation of the terms and conditions of this Agreement or any applicable law).

1. Promoting Accommodation
   SafariBookings, its Associated Companies and the Travel Companies are entitled to use the Information provided to promote Accommodation with the intent to generate sales. This includes, but is not limited to: (third-party) websites, search engines, social media platforms, magazines, newspapers and email marketing. SafariBookings and its Associated Companies run (online) marketing campaigns at their own costs and discretion.
2. Accommodation Information and search engines
   Accommodation is aware of the working methods of search engines, such as indexing the content on web pages and ranking web pages in their search results. Accommodation agrees that Information provided may be indexed by, and ranked in, search engines.

1. it has the full corporate power and authority to enter into and perform its obligations under this Agreement;
2. it has taken all corporate action required by it to authorize the execution and performance of this Agreement;
3. this Agreement constitutes legal valid and binding obligations of Accommodation in accordance with its terms.

1. Liability for infringement of intellectual property or moral rights
   Accommodation indemnifies and holds harmless SafariBookings for all claims (from third parties) regarding infringement of intellectual property and moral rights of images or other Information provided by Accommodation. This includes, but is not limited to, all direct and indirect damages.
   
   For the purposes of this Agreement: indirect damages shall include (among others) incidental or consequential damages, damages arising out of or in connection with loss of use or inability to use the SafariBookings website, loss of data, loss of profits, loss of or damage to goodwill or reputation, loss of claim, costs of procurement of substitute products or services or websites, and unauthorized access to or alteration of the data/content provided by Accommodation.
2. Limitation of liability for SafariBookings
   Save as otherwise provided for in this Agreement, the maximum liability of SafariBookings to any other in aggregate for all claims made against SafariBookings under or in connection with this Agreement shall not exceed € 100 (ONE HUNDRED EURO) and will be limited to direct damages only, unless in the event of tort, fraud, willful misconduct or gross negligence on the part of SafariBookings, in which event the limitation of liability is not applicable.
   
   In no event shall SafariBookings be liable for any indirect damages (as set out above). All such damages and losses are hereby expressly waived and disclaimed.
3. Liability in the event of a breakdown
   SafariBookings disclaims and excludes any and all liability in respect of Accommodation that is related to any (temporary and/or partial) breakdown of the SafariBookings Website or other Marketing Services offered by SafariBookings or its Associated Companies.

1. Agreement shall commence on the date hereof
   Unless agreed otherwise, this Agreement shall commence on the date Accommodation agrees with this Agreement, and this Agreement shall be effective for an indefinite period of time until terminated by either Party.
2. Termination of Agreement
   This Agreement can be terminated without any liability by either Party for any reason subject to a 7 days written notice to the other Party. Email is considered to be a valid written notice. Termination notifications to SafariBookings can be emailed to [email protected] and will be considered valid as soon as SafariBookings confirms it has received the email by sending a reply.
3. Termination with immediate effect
   Each Party may terminate this Agreement or suspend this Agreement in respect of the other Party, with immediate effect and without a notice of default being required in case of bankruptcy/insolvency, suspension of payments, seizure of assets of the other Party or dissolution or liquidation of the other Party.
   
   SafariBookings may terminate this Agreement or suspend this Agreement in respect of Accommodation, with immediate effect and without a notice of default being required, in case of a material breach by Accommodation of any term of this Agreement. For the purposes of this article, there will be a material breach on the side of Accommodation in case of delay of payment, the provision of wrong information and/or other material breaches that lead to damages for SafariBookings.
4. Certain clauses shall survive termination
   Upon termination and save as set out otherwise, this Agreement shall absolutely and entirely terminate in respect of the terminating Party and cease to have effect without prejudice to the other Party's rights and remedies in respect of an indemnification or a breach by the other (terminating) Party of this Agreement. Articles 6, this clause 7.4 and articles 9.1 and 9.2 will survive termination and the Parties hereto will act in conformity with the rights and obligations laid down therein.

1. Neither party can transfer its rights under this Agreement
   Neither Party shall be entitled to assign, transfer, encumber any of its rights and/or the obligations under this Agreement without the prior written consent of the other Party, except that SafariBookings may assign, transfer, encumber any of its rights and/or the obligations under this Agreement (in whole or in part or from time to time) without the prior written consent of Accommodation to an Associated Company or a new owner (in the event the SafariBookings Website and/or Marketing Services are sold).
2. All notices and communications must be in English
   All notices and communications must be in English and in writing or by email. If both Parties are located in the Netherlands, the notices and communications may also be in Dutch.
3. English words, Dutch meaning
   In this Agreement the following English words have the following meaning under Dutch law:
   
   • Commercial interest: wettelijke handelsrente;
   • Extrajudicial collection costs: buitengerechtelijke incassokosten;
   • Willful misconduct: opzet;
   • Gross negligence: bewuste roekeloosheid;
   • Terminated or termination: opgezegd of opzegging;
   • Suspend: opschorten;
   • Seizure: beslag.
4. In case provisions of this Agreement become invalid or non-binding
   If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions hereof. In that event, the Parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
5. Modifications to this Agreement
   SafariBookings reserves the right to make changes to this Agreement from time to time and at its sole discretion. The new and changed Agreement will replace and supersede all prior versions of the Agreement. The new and changed Agreement will be published on the SafariBookings website. As soon as the new and changed Agreement is published, the new Agreement becomes effective. Please review this Agreement periodically. Your continued use of the SafariBookings services will constitute your acceptance of any such changes to the Agreement.

This Agreement shall be governed by the laws of the Netherlands
Save as set out otherwise in this Agreement, this Agreement shall be exclusively governed by the laws of the Netherlands. Save as set out otherwise in this Agreement, any disputes arising out of or in connection with this Agreement shall exclusively be submitted to and dealt with by the competent court in Oost-Brabant, location 's-Hertogenbosch, the Netherlands.

Parties agree and acknowledge that notwithstanding article 9.1, nothing in this Agreement shall prevent or limit SafariBookings in its right to bring or initiate any action or proceeding or seek interim injunctive relief or (specific) performance before or in any competent courts where Accommodation is established or registered under the laws of the relevant jurisdiction for this purpose. Accommodation waives its right to claim any other jurisdiction or applicable law to which they might have a right.

SafariBookings BV is a private limited liability company, incorporated under the laws of the Netherlands and has its office at Veemarktkade 8 (Unit 6249), 5222 AE, 's-Hertogenbosch, the Netherlands. If you have any suggestions or remarks about this Agreement, please send an email to: [email protected].