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African Safari Frequently Asked Questions

Africa, an iconic safari destination, is synonymous with the word safari. A highly biodiverse region with a variety of fauna and flora, it is the ultimate safari destination. Planning an African safari can take up a lot of time. You’ll have questions such as which country would be ideal for big five sightings or when is the best time to go on safari in Africa? Generally, once you start your planning, your safari tour operator will answer all your questions. However, our list of Frequently Asked Questions offers you a head start. These will answer your queries, making it easier to plan your safari adventure.

1. When is the best time to travel to Africa?

Ideally, the dry season is the best time for wildlife viewing in the African bush. During this time, the vegetation dries up, giving safari goers a clearer view of the wildlife. In addition, animals congregate around the water sources, which are in shorter supply during the dry months. In contrast, the wet season is the best time for bird watching in several African countries plus the landscape blossoms from dry plains to lush grasslands so it’s a very beautiful time to visit. The verdant landscape during the wet months attracts thousands of migrating bird species, making it a bird watcher’s paradise. Keep in mind that often during the wet months, the African park roads may become inaccessible so bird watching safaris may need more planning.

The best time to visit an African country depends on your plans. Some people want to explore the wilderness, while others want to go on cultural and historical adventures. Then there are adrenaline junkies who want to scale Africa’s tallest mountains or white water raft on thrilling rivers

Our handy table puts together the ideal time to visit some of Africa’s premium safari destinations. It also shows the best time for bird-watching.

Country Best time for Wildlife Viewing Best time for Birding
Botswana May to October November to April
Kenya January to February, June to October October to February, June, July
Madagascar April to October September to December
Namibia July to October November to April
South Africa May to September September to March
Tanzania July to October October-December, March-May
Uganda December to February, June to August May to September
Zambia June to November October to April
Zimbabwe July and October October to March

2. Is Tanzania a family-friendly safari destination?

The African continent offers a plethora of family-friendly safaris. When you contact a safari agency, be sure to ask them for a family-friendly safari package. Some African accommodations have an age limit for children while others offer a child-friendly and secure environment. Some lodges take it a step further and provide private nannies for children of a certain age. Many guides love showing children the wilderness in detail, for example, in Kenya your children will get to learn the art of tracking animals from experienced Maasai guides. African locals are warm and welcoming, and love to show you their home, with great guiding a huge part of a rewarding African safari experience.

3. How safe is it to travel in Africa?

Africa is a safe place to visit on a wildlife safari arranged by a reputable safari agency chosen by you. Make sure you find out about the safari agency and the African country you want to visit as much as you can, and once there, follow some common-sense guidelines.

Here are some guidelines that will keep you safe in Africa:

  • Avoid travelling alone at night
  • Avoid visiting isolated roads and places
  • Keep your valuables locked in a hotel safe
  • On game drives, always follow your guide’s advice

Refer to the following Safety Resources for the respective country:

4. What should I wear and take on safari in Africa?

Safari visitors need to pack light, there isn’t any need for fancy clothes in the bush, and laundry is often available so things can be washed regularly. You can pack 2-3 sets of neutral coloured clothes and some layers for the cool night and early morning temperatures. Also, pack some gloves, scarf, and hat for the colder months. Don’t pack camouflage clothing. Refer to our detailed guide of African safari essentials for further information on what to pack.

During the safari, you should bring along a daypack to carry items such as:

  • Sunscreen, sunglasses, safari hat, lip balm
  • Camera, lenses, spare batteries, binoculars
  • Waste bags to avoid littering
  • Insect repellent, hand sanitiser, tissues
  • Notebook to write down what you see

5. What languages are spoken in Africa?

An estimated 2,000 languages are spoken throughout Africa. In several African countries, English is used for official documents and formal written communication. Many African countries have several official languages, one of them being English. Hundreds of millions of people speak English in Africa: Nigeria, Ethiopia, Tanzania, South Africa and Kenya have the highest number of English speakers.

Safari guides are very likely to speak English as well as other languages. If you have a preference for a language, ask your safari operator to arrange this in advance.

For your interest, we have listed some of the popular African Safari countries with their official languages.

Country Official Languages
Botswana English, Tswana
Kenya English, Swahili
Madagascar English, Malagasy, French
Namibia English
South Africa English, Afrikaans, 9 Bantu languages
Tanzania English, Swahili
Uganda English, Swahili
Zambia Bemba, Nyanja, English
Zimbabwe Shona, Ndebele, English

6. What currency is used in Africa?

Foreign currencies such as US Dollars, Pound Sterling and Euros are accepted at accommodations, hotels, and shops throughout Africa. They also accept credit cards, but it isn’t accepted everywhere. If you want to convert your currency to local currency, use banks, Forex at the airport or ATMs.

To make things a little simpler, we have shared a quick currency conversion (2021):

The last column displays the current values of the respective African currency equivalent to a US dollar.

Country Official Currency Currency Conversion 2021 (African currency value = 1 US Dollar)
Botswana Botswana pula 11.46
Kenya Kenyan shilling 112.16
Madagascar Malagasy ariary 3982.80
Namibia Namibian dollar 15.23
South Africa South African rand 15.25
Tanzania Tanzanian shilling 2302.00
Uganda Ugandan shilling 3535.23
Zambia Zambian kwacha 17.55
Zimbabwe Zimbabwe dollar 322

7. How much money should I carry on my Tanzanian safari?

Prepaid safari packages often include vehicle transfers, accommodations and safari activities. Some of them also include domestic flights. On an African safari, you will need money at hand to tip the accommodation staff and guides. Although safaris packages usually pay for the activities, the price for optional activities is separate. Additionally, you might want to purchase souvenirs, snacks, or drinks at the local shops. Some of these shops may not accept credit cards, so it’s advisable to have cash for such additional expenses.

8. What are the Visa and Passport requirements?

Every African country has its own set of visa and passport requirements. The official embassy website of the respective country will provide you with information as well as the process of application.

Basic visa and passport requirements for entering African countries:

  • A passport with at least six months validity. The passport should have at least 2 blank pages.
  • People who travel FROM yellow fever-infected countries such as Uganda, Ethiopia, and Kenya need to provide yellow fever vaccination certificates.
  • Visas are often mandatory for all travellers with a few exemptions – check with the official embassy.

In some African countries, visitors can get their visas on arrival, either at the airport or the border entry posts. Tanzania, Uganda, Madagascar, Botswana, Namibia, and Zambia are some African countries that provide visas on arrival. In 2021, Kenya declared that it wouldn’t be issuing visas on arrivals so there are now two advance options, applying online or at the Kenyan embassy. Other countries, for example Tanzania, also have efficient online visa application schemes.

9. What about mosquito nets and repellent?

Algeria and Lesotho are the only malaria-free African countries.  As such it is important to take all the necessary precautions when you plan a trip: get your antimalarial prescriptions before you leave for Africa and take mosquito repellant with you. Safari accommodations, whether you are staying in a tented camp or luxury lodge, should provide mosquito nets.  Pack some full sleeve shirts/blouses and trousers/slacks to cover yourself at sunset and during the evening, the time when mosquitoes are most active.

10. How safe is the water and food in Africa?

Food is a big part of a safari experience and meals are often one of the highlights. Hearty meals are served at your accommodation and packed lunches often provided if you’re out and about all day. You might have the chance to taste some African delicacies, the speciality of the respective country. Avoid drinking tap water in Africa, stick to only bottled water.

11. How to make an emergency call in Africa?

Each country has a different emergency police number. To make it easy for you, we have listed the emergency numbers for the top African safari countries.

Country Emergency Police Number
Botswana 999
Kenya 911, 999, 112
Madagascar 117
Namibia 10111
South Africa 10111
Tanzania 112
Uganda 112
Zambia 999
Zimbabwe 999
 

12. Which are Africa’s Best birding spots?

Africa is home to over 2,300 bird species, of which 64% are endemic to the continent. We have put together a list of Africa’s top birding destinations, where you can expect to see remarkable bird species such as African fish eagle, African pygmy-kingfisher, Böhm’s bee-eater, great cormorant, golden oriole, grey crowned crane, hooded vulture, lilac-breasted roller, silvery-cheeked hornbill, white-bellied go-away bird, and white-faced duck. Coincidentally, these destinations also offer excellent wildlife viewing spots. You can watch the great wildebeest migration in Maasai Mara and Serengeti, go gorilla tracking in the heart of Uganda, or explore marine life in the coastal getaways.

  • Botswana: Okavango Delta, Chobe National Park, Makgadikgadi Salt Pans, Nata Bird Sanctuary, Kalhari, Khutse Game Reserve, Lake Ngami, Savuti Marsh.
  • Kenya: Arabuko Sokoke Forest, Kakamega Forest, Kinangop Plateau, Lake Baringo, Lake Naivasha, Masai Mara National Reserve, Mida Creek, Mt Kenya National Park, Nairobi National Park, Samburu & Buffalo Springs National Reserve.
  • Madagascar: Analamazaotra Reserve, Tsingy de Bemaraha National Park, Nosy Ve, Andasibe National Park, Mantadia National Park, Ranomafana National Park, Isalo National Park, Lake Tsarasaotra, Ampijoroa Forest Station, The Mangoky-Ihotry wetland complex.
  • Namibia: Caprivi Strip, Etosha National Park, Ongava Private Game Reserve, Namib Desert, Spitzkoppe, Walvis Bay, Waterberg Plateau National Park.
  • South Africa: Kruger National Park, Kirstenbosch Botanical Gardens, Mkhuze Game Reserve, Cape Coast, uKhahlamba-Drakensberg Park, Wakkerstroom, iSimangaliso Wetland Park.
  • Tanzania: Selous National Park, Serengeti Plains, Ngorongoro Conservation Area, Lake Manyara, Tarangire National Park, Arusha National Park, Mahale Mountain National Park, Gombe National Park, Katavi National Park.
  • Uganda: Bwindi Impenetrable National Park, Budongo Forest, Kibale Forest National Park, Lake Mburo National Park, Mabamba Bay Wetland, Rwenzori Mountains National Park, Mgahinga Gorilla National Park, Murchison Falls National Park, Queen Elizabeth National park, Semuliki National Park.
  • Zambia: Lochinvar National Park, Lower Zambezi National Park, South Luangwa National Park.
  • Zimbabwe: Hwange National Park Mana Pools National Park.

Refer to our beginner’s bird-watching guide to have a memorable birding safari experience.

13. Where are the best African destinations to see the big five?

Africa’s big five earned their name because they were the most difficult to hunt in the past. The hunters considered killing the big five an achievement and brought them home as trophies. So over the centuries, the name stuck. Now, these precious wildlife creatures are protected in wildlife sanctuaries throughout Africa. We have listed 16 destinations where the chances of spotting the big five are the highest.

  • Chobe National Park, Botswana
  • Moremi Game Reserve, Botswana
  • Okavango Delta, Botswana
  • Etosha National Park, Namibia
  • Waterberg Plateau Park, Namibia
  • Majete Game Reserve, Malawi
  • Akagera National Park, Rwanda
  • Addo Elephant National Park, South Africa
  • Kruger National Park, South Africa
  • Pilanesberg National Park, South Africa
  • Phinda Game Reserve, South Africa
  • Sabi Sands Game Reserve, South Africa
  • Serengeti National Park, Tanzania
  • Ngorongoro Conservation Area, Tanzania
  • Murchison Falls National Park, Uganda
  • Mana Pools National Park, Zimbabwe

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Robin Cormack

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    Collaboration Agreement

    Please read our collaboration agreement for travel and itinarary partners on the SafariDeal platform.

    Collaboration Agreement

    COLLABORATION AGREEMENT FOR TRAVEL & ITINERARY PARTNERS

    SAFARI DEAL LIMITED

    and

    TRAVEL PARTNER

    Table Of Contents
    1 INTERPRETATION 1
    2 COMMENCEMENT AND DURATION 6
    3 MUTUAL APPOINTMENT 6
    4 THE SERVICES & ACCOUNT TYPES 6
    5 OBLIGATIONS OF THE PARTIES 7
    6 SUBSCRIPTION FEES, REFERRALS & COMMISSIONS 9
    7 LICENSING, REGISTRATION AND COMPLIANCE 11
    8 COMPLAINTS 11
    9 ADVERTISING & IP 12
    10 CONFIDENTIALITY 12
    11 NON-CIRCUMVENTION 13
    12 TERMINATION 13
    13 DATA PROTECTION 14
    14 LIMITATION OF LIABILITY 16
    15 OTHER 17
    16 BREXIT 19

    THIS AGREEMENT is dated (the “Agreement“)

    BETWEEN

    1. SAFARI DEAL LIMITED (company no. 11040155) whose registered address is 4 Deepdene Vale, Dorking, United Kingdom, RH4 1NL (“Safari Deal“); and
    2. TRAVEL PARTNER (company no. 00000 ) whose registered address is XXXX (“Travel Partner”)
      together the “Parties” and each is a “Party

    RECITALS

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    IT IS HEREBY AGREED

    1. INTERPRETATION
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    1.2. A reference to writing or written includes e-mail.

    1. COMMENCEMENT AND DURATION
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    1. MUTUAL APPOINTMENT
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    1. THE SERVICES & ACCOUNT TYPES
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          • at the point of making a Platform Enquiry or Other Enquiry they are not dealing with, negotiating or contracting with Safari Deal and
          • Safari Deal is not an agent or representative of the Travel Partner nor is in a legal partnership or joint venture with the Travel Partner
          • if their enquiry converts it into a successful sale or transaction for a product or service the Safari Deal Customer is contracting only with the Travel Partner and has no recourse, complaint, claim or concern with Safari Deal; and,
        10. ensure any Safari Deal employees, agents, consultants, advisers, or subcontractors acting on its behalf have the skills and experience required to properly perform the tasks assigned to them for the proper functioning of the Safari Deal Platform.
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        8. hereby represent and warrant that it owns or otherwise has the full, unencumbered right, entitlement and/or licence to use all Intellectual Property Rights associated with its business page listing and any related materials supplied to or displayed by Safari Deal (this extends to all brands, logos, video clips, titles, and personal images);
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          • mobile phone numbers
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        14. continuously self-check the status and activity-log for a particular Platform Enquiry (on no less than a daily basis) and shall update their bespoke Safari Deal dashboard with any changes to the status of that enquiry (so that it is at all times accurate upon inspection by Safari Deal); and,
        15. not do anything or permit anything to be done by or on behalf of the Travel Partner which would bring the name, standing, reputation, the Services, Safari Deal or the Safari Deal Platform into disrepute.
      3. Nothing in this Agreement is intended to, or shall be deemed to, commit Safari Deal to making a guaranteed number or frequency of Platform Enquiries nor does it establish any legal partnership or joint venture between the Parties, or constitute part of the service of either Party provided (or to be provided) to a third Party, or give authority for either Party to act as an agent for or bind the other Party in any way.
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    1. SUBSCRIPTION FEES, REFERRALS & COMMISSIONS
      1. The Travel Partner shall pay all Subscription Fees promptly when these are invoiced by Safari Deal. Safari Deal reserves the right to increase (but not decrease) Subscription Fees in line with inflation measurable by reference to the Consumer Price Index applicable in the UK (where Safari Deal is domiciled).
      2. Subject to any exceptions set out in this Agreement, the Travel Partner shall pay Safari Deal a Referral Fee or Commission for each of the following forms of introduction and referral as the case may be, based on the following pre-agreed formulae:
        (i) Platform Enquiry 1: Referral Fee for itinerary enquiry = 0.8% x number of persons referenced in the enquiry x value of itinerary
        (ii) Platform Enquiry 2: Referral Fee for travel partner enquiry= 0.8% x number of persons referenced in the enquiry x per travelling person, per budget
        (iii) Other Enquiry: Referral Fee for enquiries made by phone or email outside the Platform Enquiry facility = 0.8% x number of persons referenced in the enquiry x value of the itinerary or travel partner booking
        (iv) Commission: for straight referrals leading to sales, benefits in kind or other business enjoyed by the Travel Partner = predetermined commission rate as a percentage % of the value of the sales, benefits in kind or other business enjoyed by the Travel Partner on a case by case basis (once sold or once accrued to the benefit of the Travel Partner)
      3. All Subscription Fees, Referral Fees and Commission payments due are calculated and reconciled by Safari Deal on a monthly basis and invoices shall be issued accordingly.
      4. Subscription Fees, Referral Fees, and Commissions shall be paid promptly upon presentation of the relevant invoice (and in all cases within [30] day payment terms) via online bank transfer unless otherwise agreed in writing between the Parties.
      5. The Travel Partner agrees to maintain a minimum level of credit or balance of funds in their account with Safari Deal which shall not fall below the sum of $50 (USD) (or its equivalent in GBP) at any given time (“Minimum SD Credit”). This is only applicable to Travel Partners who have a special subscription with SafariDeal.
      6. If for any reason the level of credit or balance of funds shall at any point fall below the Minimum SD Credit the system will prompt the Travel Partner to top up using specific pre-set amounts in the following denominations: $50, $150, $250 or $500. The Travel Partner must achieve the Minimum SD Credit within ten (10) business days of being notified by the system to top up.
      7. Commissions shall not become due and payable by the Travel Partner until the Travel Partner receives the underlying consideration (in cleared funds) for any business transacted between the Safari Deal Customer and the Travel Partner.
      8. Safari Deal shall not be entitled to receive a Commission where the basis or accuracy for the Commission is challenged in good faith (with cogent evidence for any assertions) by the Travel Partner.
      9. Unless otherwise agreed the currency of Referral Fees, Commissions and Subscription Fees shall be [USD or GBP] and calculated on the basis of the rate of exchange applying on the date of the invoice raised.
      10. Safari Deal agrees to repay to the Travel Partner any Referral Fee it has received in error or in respect of a Platform Enquiry or Other Enquiry where the submission of the particular enquiry proves to be defective, illegitimate or otherwise incorrect (where the Safari Deal Customer has inserted the wrong number of travellers into the form, or where the Travel Partner inadvertently pays Safari Deal twice for the same Platform Enquiry).
      11. Safari Deal shall account for and pay to the appropriate authorities any taxation on sums payable or paid to it pursuant to this Agreement and hereby agrees to indemnify the Travel Partner for and against any liability to pay or to account for any such taxation.
      12. The Travel Partner shall not be responsible for any expenses incurred by Safari Deal unless such expenses have been agreed in writing between the Parties in advance.
      13. If the Travel Partner fails to make any payment due to Safari Deal under this Agreement by the due date for payment, then the Travel Partner shall pay interest on the overdue amount at the rate of 6% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Travel Partner shall pay the interest together with the overdue amount.
      14. The Travel Partner shall keep separate accounts and records giving correct and adequate details of all Platform Enquiries, Other Enquiries and referrals leading to Commissions received by the Travel Partner. The Travel Partner shall permit the duly appointed representatives of Safari Deal to inspect all such accounts and records and to take copies of them.
    1. LICENSING, REGISTRATION AND COMPLIANCE
      1. The Parties shall at all times (at its own expense unless expressly agreed otherwise) ensure that:
      2. Each complies in all material respects with any Laws which apply to it and does so in such a way as facilitates compliance by the other Party with those Laws as they apply to the other Party;
      3. Each shall take all appropriate advice, and, where required, is fully licensed, authorised and/or registered in accordance with all Laws applicable to any activities it undertakes and will not at any time act outside the terms of any of its licenses, permits or consents;
      4. That all acquisition, processing and disclosure of personal data by each Party is done in compliance with the requirements of the Data Protection Law applicable in the relevant jurisdictions; and
      5. Each shall comply with the Bribery Act 2010 and any other equivalent or applicable Laws relating to the prevention of bribery, including ensuring that it has in place adequate procedures to prevent bribery.
      6. The Travel Partner shall promptly notify Safari Deal and shall keep Safari Deal informed of any material change to the way it operates its business, which shall extend to any change of control, or change to any authorisation or accreditation held by the Travel Partner or any breach or likely breach of this Agreement and/or any intended investigation or action by a government or regulator or court of which the Travel Partner is or becomes aware.
    1. COMPLAINTS
      1. If either Party becomes aware of a Complaint, it shall inform the other Party as soon as possible and in any event within 3 Business Days. The Parties shall provide each other with any reasonable assistance and information required to assist with the resolution of any Complaint.
      2. If a Complaint has been made, or in Safari Deal’s reasonable opinion is likely to be made, which if upheld could result in financial loss or reputational loss to Safari Deal or to a Safari Deal Customer, Safari Deal may:
        1. by giving written notice to the Travel Partner withhold payment of any sums due or withhold the value of any balance held in the Travel Partner’s account with Safari Deal up to the amount of any reasonably estimated losses stemming from the Complaint (where held) until the Complaint is resolved, abandoned or settled; and,
        2. by giving written notice to the Travel Partner take custody of the matter and conduct all negotiations and proceedings with a view to resolution, settlement of the Complaint.
    1. ADVERTISING & IP
      1. Where either Party produces, changes, sends, publicly displays or otherwise deals with any Relevant Advertising, the content, specification, format, layout, method of distribution and all other matters relating to the Relevant Advertising must be agreed in writing before being produced, changed, sent, publicly displayed or otherwise dealt with.
      2. Either Party shall immediately, and in any case within 3 Business Days upon receipt of a written notice from the other Party, remove from public display or alter any Relevant Advertising which, in Safari Deal’s reasonable opinion, is or has become in any way misleading or contrary to any applicable Law or the Agreed Purposes or which is likely to damage either Party’s reputation.
      3. The Parties agree that in respect of this Agreement all rights relating to Safari Deal’s Marks, other Intellectual Property Rights (with respect to the Safari Deal Platform and any code, software or special features), including any goodwill associated with the Marks, shall be the sole and exclusive property of Safari Deal, and at no point shall the Travel Partner acquire any rights in the Marks, nor in any developments, evolutions or variations of them.
      4. The Parties agree that in respect of all rights relating to the Travel Partner’s Marks, including any goodwill associated with the Marks, shall be the sole and exclusive property of the Travel Partner and Safari Deal shall not acquire any rights in the Marks, nor in any developments or variations of them.
      5. In pursuance of the Agreed Purposes and specifically in order to produce, send or publicly display any Travel Partner Marks or related Intellectual Property Rights, the Travel Partner grants a non-exclusive, non-transferrable, royalty free, licence to Safari Deal to use the Travel Partner’s Marks and any other relevant Intellectual Property Rights for the attainment of the Agreed Purposes, the discharge of this Agreement and the ongoing needs of the Safari Deal Platform.
    1. CONFIDENTIALITY
      1. Subject to any agreed Relevant Advertising pursuant to clause 9 the Parties shall keep confidential and shall not use or disclose or attempt to use or disclose directly or indirectly, to any third Party the commercial contents of this Agreement or any Confidential Information which comes to their knowledge before or during the continuance of this Agreement, without the prior specific written consent of the Party providing such information.
      2. Each Party may disclose the other Party’s Confidential Information:
        1. to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the Party’s obligations under this Agreement, provided it procures that the individuals to whom it discloses comply with this clause 10; and
        2. as may be required by any Law, court of competent jurisdiction or governmental or regulatory authority.
      3. The restrictions set out herein in respect of confidentiality shall apply both during the term of this Agreement and for 6 years after the termination or expiry of this Agreement but shall cease to apply to information or knowledge which has in its entirety become public knowledge otherwise than through any unauthorised disclosure or other breach by either Party.
    1. NON-CIRCUMVENTION
      1. General – The Parties respectively and irrevocably agree that they shall not, directly or indirectly interfere with, circumvent or attempt to circumvent, avoid, by-pass, or obviate each other’s economic interest, moral rights and entitlements with respect to Safari Deal Customers.
      2. The Travel Partner hereby agrees not to bypass (or seek to bypass or passively permit a Safari Deal Customer to bypass) the interests of Safari Deal when receiving, progressing or pursuing an enquiry in respect of a safari or itinerary or related product or service as the case may be when that Travel Partner knows or should know that an enquiry has originated from the introduction or recommendation of Safari Deal.
      3. Specific Covenant – During the term of this Agreement (and for 12 months after termination for whatever reason), the Travel Partner shall not (i) transact business with, or (ii) introduce another service provider to, any Safari Deal Customer with the purpose or result of circumventing, preventing or denying a Referral Fee or Commission to Safari Deal (either for the Travel Partner’s own services or for those of another service provider whom Safari Deal could have referred to the Safari Deal Customer).
    1. TERMINATION
      1. Without affecting any other right or remedy available to it, either Party may terminate this Agreement “for cause” with immediate effect by giving written notice to the other Party if:
        1. the other Party commits a Material Breach of any term of this Agreement which is irremediable or (if remediable) which the Party fails to remedy within 10 Business Days after being notified in writing to do so;
        2. the other Party undergoes a change of Control which in Safari Deal’s reasonable opinion is likely to have a material adverse effect on the performance of this Agreement or on the standing or reputation of either Party;
        3. the other Party breaches any Law which triggers any right to enforcement action by any regulator, enforcement agency, supervisory authority, government department or non-departmental public body;
        4. there is a publication by any bona fide media outlet concerning the other Party which, in the reasonable opinion of the first Party, may materially adversely affect the reputation and/or business of either Party or of a Customer; or
        5. the other Party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or becomes insolvent or enters into or proposes any composition or arrangement with its creditors generally or any analogous event occurs; or
        6. the other Party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
      2. In the event of termination of this Agreement for any reason:
        1. within 5 Business Days of such termination each Party shall return (or, at the other Party’s option, destroy) all Confidential Information under its control with all photocopies;
        2. immediately, and in every case within 5 Business Days, all Relevant Advertising shall be removed from where it is known to be on display; and,
        3. all Referral Fees, Commissions and Subscription Fees owed up to the date of termination shall be invoiced and paid by the Travel Partner without excuse or delay unless any Referral Fees or Commissions became due or payable within 12 months after termination of this Agreement (in which case the relevant Referral Fee or Commission shall be payable at that time notwithstanding termination of the Agreement).
      3. Termination of this Agreement shall not affect any accrued rights (for example to enforce or claim damages in line with normal limitation periods), remedies (for breach of the Agreement), obligations or liabilities of either Party at the date of such termination.
    1. DATA PROTECTION1
      1. Shared Personal Data. The provisions which follow set out the framework for the sharing of personal data between the parties as joint data controllers who collaborate for the purposes of the Safari Deal Platform. There will be some occasions where Safari Deal acts as data processor for a Travel Partner in the specific context of displaying the business listings page for that Travel Partner which the Travel Partner maintains and keeps up to date at all times. Each Party acknowledges that Safari Deal (the Data Discloser) will regularly disclose to the Travel Partner (the Data Recipient) Shared Personal Data collected by the Data Discloser through the Safari Deal Platform (in the form of Platform Enquiries or other Enquiries or referrals leading to Commissions) for the Agreed Purposes. Each Party shall:
        1. ensure that it has all necessary consents and privacy notices in place to enable lawful transfer of the Shared Personal Data to the Data Recipient for the Agreed Purposes;
        2. give full information to any data subject whose personal data may be processed under this Agreement of the nature such processing;
        3. process the Shared Personal Data only for the Agreed Purposes;
        4. not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
        5. ensure that all Permitted Recipients are subject to confidentiality obligations;
        6. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
        7. not transfer any personal data received from the Data Discloser outside the EEA unless the transferor.
        8. complies with the provisions of Article 26 of the GDPR (in the event the transferee is a joint controller); and
        9. ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
      2. Compliance. Each Party shall comply with the Data Protection Law and agrees that any Material Breach of the Data Protection Law shall, if not remedied within 30 days of written notice from the other Party, give grounds to the other Party to terminate this Agreement with immediate effect.
      3. Mutual assistance. Each Party shall assist the other in complying with all applicable requirements of the Data Protection Law. In particular, each Party shall:
        1. keep the other Party up to date about any change in lawful basis or any updates in relation to data protection law in its primary jurisdiction which may impact the Shared Personal Data;
        2. promptly inform the other Party about the receipt of any data subject access request;
        3. provide the other Party with reasonable assistance in complying with any data subject access request;
        4. not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other Party wherever relevant to do so;
        5. assist the other Party, at the cost of the other Party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;
        6. notify the other Party without undue delay on becoming aware of any breach of the Data Protection Law;
        7. at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this Agreement unless required by law to store the personal data;
        8. use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
        9. maintain complete and accurate records and information to demonstrate its compliance with this clause; and
        10. provide the other Party with contact details of an employee as point of contact and responsible manager for all issues arising out of the Data Protection Law.
      4. Indemnity. Each Party shall indemnify the other against all claims and proceedings and all liability, loss, costs and expenses incurred by the other as a result of any claim made or brought by a data subject or other legal person in respect of any loss, damage or distress caused to them as a result of any breach by the other Party of the Data Protection Law by that Party, its employees or agents, up to a limit of £1,000,000 in all circumstances, provided that the indemnified Party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
    1. LIMITATION OF LIABILITY
      1. Nothing in this Agreement shall limit or exclude the liability of either Party:
        1. for death or personal injury resulting from its negligence or that of its employees, agents or subcontractors;
        2. for fraud or fraudulent misrepresentation;
        3. under any express indemnity contained in this Agreement (such as in clause 5.2 and 13.4); or
        4. for any other liability which may not lawfully be excluded or limited.
      2. Save for clause 14.1, either Party’s total liability arising under or in connection with this Agreement or its subject matter, whether arising in contract, tort (including negligence) restitution, misrepresentation, or otherwise shall be limited, in aggregate, to £100,000.
      3. Subject to clause 14.1 above:
        Neither Party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

        1. any loss of profit, sales, revenue, or business;
        2. loss of anticipated savings;
        3. loss of or damage to goodwill;
        4. loss of agreements or contracts;
        5. loss of use or corruption of software, data or information;
        6. any loss arising out of the lawful termination of this Agreement or any decision not to renew its term, or
        7. any loss that is an indirect or secondary consequence of any act or omission of the Party in question.
      4. Unless a Party notifies the other Party that it intends to make a claim in respect of an event within the notice period, the other Party shall have no liability for that event. The notice period for an event shall start on the day on which the Party wishing to make a claim became, or ought reasonably to have become, aware of the event having occurred and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
      5. Safari Deal shall in no way be liable to the Travel Partner or to any Safari Deal Customer or any other client or contact arising from any information present or missing from the Safari Deal Platform relating to a product or service.
      6. For any travel or itinerary product or service offered for promotion or sale by a Travel Partner (whether or not through the Safari Deal Platform) the Travel Partner hereby accepts now and in future:
        1. such product or service is owned and delivered by the Travel Partner and is in no way the responsibility of Safari Deal
        2. all prices shown or compiled on the Safari Deal Platform are indicative only, they usually refer to a price range “from” a certain price upwards, they may be set on parameters configured for two persons sharing, and may vary or not be available for purchase at the point of booking from the indicative price shown and the availability assumed at the point of making a Platform Enquiry or Other Enquiry; and,
        3. the Travel Partner in all cases reserves the right to change the content and price of the product or service from that indicated on the Safari Deal Platform and holds Safari Deal harmless and exempt from all claims, responsibilities and blame in the event of a dispute, claim or other action commenced by any Safari Deal Customer.
    1. OTHER
      1. On termination of this Agreement, the following clauses shall continue in force: clause 1, 3, 5, 6, 9, 10, 11, 12, 13 and 14. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination of this Agreement and shall not affect the rights of Safari Deal with respect to monies owed by a Travel Partner for Platform Enquiries, Other Enquiries and Commissions made during the term of this Agreement but which do not crystallise until the period up to 12 months after termination.
      2. Subject to any terms of use and privacy policy created by Safari Deal which shall be incorporated by reference into this Agreement, this Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between them relating to its subject matter, whether written or oral.
      3. No variation of this Agreement shall be effective unless it is agreed in writing between the Parties clearly citing this clause. For the avoidance of doubt Safari Deals intends to introduce a new payment system into its business and will offer e-commerce opportunities and trade show opportunities in future which the Travel Partner hereby acknowledges and accepts. These may or may not require a variation to this Agreement or the execution of an extension to this Agreement which the Parties agree in good faith to complete.
      4. No one other than a Party to this Agreement (and its successors and assigns) shall have any right to enforce any of its terms. For the avoidance of doubt Safari Deal Customers have no rights nor recourse under this Agreement and must as a first port of call take issue with the Travel Partner in question, with whom it entered into advance discussions, negotiations and contractual arrangements as the case may be.
      5. The Travel Partner shall not, without the prior written consent of Safari Deal assign, transfer, charge, sub-contract, novate or deal in any other manner with all or any of its rights or obligations under this Agreement.
      6. Safari Deal may at any time undergo corporate activity such as a change of Control and may assign, transfer, charge, sub-contract, novate or deal in any other manner with all or any of its rights or obligations under this Agreement.
      7. Save for any right of termination exercisable by either Party under clause 12, the parties hereby agree that this Agreement shall survive and continue upon a change of control or any form of business sale of either Party and that no change of name of either Party shall prevent the full force and all terms of this Agreement from continuing to apply.
      8. No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by Law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the future exercise of that or any other right or remedy.
      9. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
      10. Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control (a “Force Majeure Event”). Safari Deal shall have no liability to the Travel Partner under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving Safari Deal, its service providers or any other party), failure of an account servicing payment service provider such as a bank or a pension fund, or account information service provider or a payment service provider, utility service or transport or telecommunications network (or any other provider of a service which experiences an outage beyond Safari Deal’s control), act of God, outbreak of disease or epidemic or pandemic and the economic impacts from these, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors or the maverick or rogue acts of an employee, agent or contractor.
      11. In such circumstances the affected Party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for two months, the Party not affected may terminate this agreement by giving one month’s written notice to the affected Party and both Parties shall ensure all Subscription Fees, Referral Fees and Commissions are fully settled and paid up to the point of termination (subject to clause 12.2.3).
      12. This Agreement shall be governed by and construed in accordance with English law and each Party submits to the exclusive jurisdiction of the English Courts.
    1. BREXIT
      1. The occurrence of Brexit (and the transitional arrangements applicable to the UK) shall not affect in any way the term, rights, entitlements and obligations set out in this Agreement. Neither Brexit nor the consequences of Brexit shall be regarded as a Force Majeure Event which may otherwise frustrate this Agreement or impact the ability of either Party to discharge its obligations and to enjoy and enforce its rights under this Agreement.
      2. The Parties further assure each other that if required, each shall (i) do or procure all such other acts and things and execute all such documents as may be necessary to give effect to the continuity and applicability of this Agreement to the fullest extent possible (ii) use all reasonable endeavours to ensure that the terms of this Agreement to be performed by them as substantially as possible notwithstanding any impacts or impediments brought about by jurisdictional issues or changes in Law.

    CONTRACT EXECUTION

    SIGNED by TRAVEL PARTNER
    acting by its authorised signatories
    ……………………………………………………….
    SIGNED Authorised signatory/ Director……………………………………………………….
    PRINTED Name

     

    ……………………………………………………….
    2nd Authorised signatory/ Witness

     

    ……………………………………………………….
    Name & Occupation & Address:

    SIGNED by SAFARI DEAL LIMITED acting by two directors Sign1

    …………………………………………………….
    Robin Cormack, Director

    4 Deepdene Vale, Dorking, RH41NL, UK
    ……………………………………………………….

    Sign2

    ……………………………………………………….
    2nd Authorised Signatory or Witness

    ……………………………………………………….
    Clare Cormack – Director
    4 Deepdene Vale, Dorking, RH41NL, UK