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Wildlife, Culture & Birding Safari

Home / Safari and Tours / Wildlife, Culture & Birding Safari

11 Days from
$2007 p/p in USD
Departures
Jan, Feb, Mar, Apr, Nov, Dec

TRAVEL PARTNER

Purvi Discovery

Purvi Discovery

11 Days from
$2007 p/p in USD

Departures
Jan, Feb, Mar, Apr, Nov, Dec

TRAVEL PARTNER

Purvi Discovery

Purvi Discovery

Destinations

India

Tour Type

Guided

Safari Standard

Mid Range

Tour Overview

The north east corner of India is packed with incredible culture and wildlife. This trip gives you a fascinating insight into cultural aspects such as traditional silk weaving and tea plantations while the wilderness areas are rich in birds and wildlife. On an elephant safari in Kaziranga National Park look out for the great one-horned rhinoceros and the Bengal florican bustard species as well as an abundance of other wildlife while on a boat ride in Dibru-Saikhowa National Park you might see the gangetic dolphin. 

General Information

  • Safari types:
    Birding Safari, Cultural Safari, Jungle Safari, Wildlife Safari
  • You will visit:
    Kaziranga National Park
  • Getting around:
    Transfer Vehicle
  • Start/end:
    Start in Guwahati Airport, end in Dibrugarh Airport

Highlights

  • Visit Famous Kamakhya Temple in Guwahati
  • Explore the Silk Village of Assam “Sualkuchi”
  • Visit Nameri National Park – Home to the Great Hornbill
  • Walk through the Jungles of Nameri
  • Visit Kaziranga National Park – Home to the One Horned Rhinoceros
  • Enjoy the Elephant Safari at Kaziranga
  • Drive through the dense forests of Kaziranga in a Jeep
  • Explore the world largest inhabited river island ie Majuli Island
  • Visit the Gibbon Wildlife Sanctuary
  • Visit the Dibru Saikhowa National Park
  • Stay at a Heritage Bungalow and Relieve the Colonial Era

RATES – RUPEE

1 paying pax – Rs 244,000 (in 1 x single room)

2 paying pax – Rs 281,000 for two people (in 1 x double/twin room)

Rates valid until 30 April 2019 – contact us for other rates

No. of vehicles that will be used: 1-2 paying pax + 1 Purvi escort = 1 vehicle (Innova/Scorpio/Similar)

 

Accommodation

Night 1: Guwahati – Kiranshree Grand (AC Club Room)

Nights 2 & 3: Tezpur – Wild Mahseer Tea Planters Bungalow either at Silver Tips, Ambrosia, Golden Tips or Second Flush (AC Room)

Nights 4 & 5: Kaziranga National Park – Iora, The Retreat (Luxury AC Room)

Nights 6 & 7: Jorhat – Puroni Bheti Lodge (AC Room)

Night 8: Dibrugarh – Mancotta or Chowkidinghee Heritage Chang Bungalow (AC Room)

Nights 9 & 10: Tinsukia – Wathai Heritage Bungalow (AC Room)

What's Included

  • Accommodation at hotels listed below (based on twin sharing)
  • All meals starting from lunch on the day of arrival and ending with breakfast on day of departure
  • Entry fees, monuments fees, parking fee, road taxes, village visits and local sightseeing as per itinerary
  • All land transfers (driver will be non English speaking)
  • Park entry fees, jungle walk at Nameri National Park
  • Park entry fees, jungle walk at Gibbon Wildlife Sanctuary
  • Park entry fees, 1 x elephant safari (subject to availability), 4 x jeep safaris at Kaziranga National Park
  • Visit to Umananda Temple at Guwahati by Country Boat
  • Tea Tour at Dibrugarh
  • Public ferry charges to and from Majuli Island. Visit to Majuli Island by Non AC Tata Sumo / Similar
  • Visit to Dibru-Saikhowa National Park by country boat
  • Services of accompanying English speaking escort from arrival until departure and local guide where required
  • All applicable taxes

What's Excluded

  • Air or train fares
  • Meals other than those mentioned in the Inclusions above
  • Any camera/video camera fees
  • Insurance
  • Expenditure of personal nature (e.g. tipping, telephone/fax calls, laundry, portage, alcoholic & non-alcoholic beverages, medical expenses, room service orders, snacks or refreshment etc)
  • Other expenses incurred due to unforeseen and unavoidable circumstances
  • Any changes/new tax imposed by the Government
  • Supplement charges if charged by a hotel during Christmas, New Year period, festival time
  • Any other services not mentioned in the Inclusions above

Disclaimer

  • This itinerary is owned and delivered by ‘Purvi Discovery
  • All prices are ‘From’ and may vary at the time of booking
  • Display price is usually based on two people sharing
  • Purvi Discovery‘ reserves the right to change the content and price of the itinerary
  • All itineraries and services are subject to availability

Day by Day Overview

Arrive at Guwahati airport and transfer to the hotel for 1 night.

Guwahati: situated on the southern bank of the River Brahmaputra in the Kamrup District of Assam, Guwahati is a fast growing premier city. It is the gateway to the north eastern states of India and a principal center of socio-cultural, political, industrial, trade and commerce of the entire region. Dispur, the capital of Assam, is a part of Guwahati. In earlier years, this city was full of areca nut trees rappled by pan creepers. Hence this city subsequently got the name Guwahat – the word ‘Guwa’ in Assamese means areca nut and ‘Hat’ means market.

Today we explore Guwahati including a visit to Kamakhya Temple and Umananda Temple. Later we visit Sualkuchi and drive to Balipara, Tezpur (215 kms/5 hrs). On arrival check in at Wild Mahseer Tea Planters Bungalow either at Silver Tips, Ambrosia, Golden Tips or Second Flush for 2 nights.

Umananda Temple: the Shiva temple of Umananda stands on an island in the middle of the River Brahmaputra. Its location, at the top of a steep flight of steps up from the beach on the Bhasmachala hill, is more dramatic than the temple itself. This hill is associated with the legend of Shiva burning Kaama or the God of Lust to ashes.

Kamakhya Temple: situated atop the Nilachal Hills, the foremost shrine of Assam, Kamakhya Temple dominates the life of Guwahati, as much as the great Brahmaputra River. Kamakhya is an ancient seat of tantric and shakti cults of Hinduism. A rush of devotees throng the Temple during the Ambubachi Puja (June).

Sualkuchi: Located on the banks of the Brahmaputra, 35 kms north of Guwahati, Sualkuchi is a weaving village that produces some of the best silk in the state. This sleepy little village exudes a charm like no other. Almost every house has an adjacent shed (karkhana) that houses the traditional bamboo loom – the gentle click-clacking of which can be heard from the streets. You can walk into any of the numerous karkhanas and observe the talented weavers weaving intricate patterns on the golden Muga silk. In the early years of the 20th century, Sualkuchi was developed as a ‘crafts village’. Most of the funds for this development work came from eminent Gandhians across the country who responded to the ‘back to the villages’ slogan of Gandhiji’s swadeshi drive. Although the weaving industry of Sualkuchi remained almost confined to the tanti community until the 1930s, with encouragement from the government, people from other communities also took up silk weaving. There are about 17,000 silk looms in Sualkuchi producing an eclectic range of silk products. Most of Sualkuchi’s silk is woven into mekhela-chadars and gamosas. Owing to the increasing demand, the weavers of Sualkuchi have diversified to saris, shawls and dress material. The silk weaving of Sualkuchi provides direct and indirect employment to more than 25,000 people throughout the year.

Wild Mahseer Tea Planter Bungalows: located on the north bank of the Brahmaputra River, the Bungalows are on the Adabari Tea Estate, which originally belonged to the British Assam Tea Company and dates back  to the year 1900. The property is an historic one characterised by its Victorian architecture. It has spacious rooms across four individual bungalows. The accommodation is located on 22 acres of tropical land surrounded by tea gardens and a wide variety of trees, plants, flowers, insects and birds. The property has been renamed Wild Mahseer (after a popular fish found in the Brahmaputra and Jia Bhorelli river). During your stay at Wild Mahseer Planters’ Bungalow you can visit the nearby Garo tribal villages. Garos are reviving the ancient art of weaving & take pride in their skill. Enjoy a rich collection of vibrant scarves, stoles and other handicrafts, local cuisine and have a go at trying the outfit of the Garo tribe.

This morning we drive to Nameri National Park (30 mins) and later go for a jungle walk inside the park. Also option to go for rafting at Jia Bhorali river. Later in the afternoon drive back to the Bungalow. Dinner and overnight at the Bungalow.

Nameri National Park: located on the banks of the river Jia Bhorali on the northern side of the Brahmaputra, Nameri is situated in the foothills of the great Himalayas – tiger and bison country. Its charm is the beautiful deciduous forest and the river Jia Bhorali flowing alongside. Nameri is famous for its sizeable population of the very rare white-winged wood duck. Other interesting birds to be found here includes the white-cheeked partridge, great-, wreathed- and rufous-necked hornbills, oriental hobby, amur falcon, Jerdon’s and black bazas, Pallas’s, grey-headed and lesser fish eagles, silver-backed needletail, long tailed broadbill, long-billed plover and the ibisbill. As well as these a number of forest birds like pygmy woodpeckers, woodpeckers, orioles, barbets, thrushes etc, can also be sighted here while 6-7 species of bulbuls can be easily seen in a day.

Birding is done while trekking inside the park or while rafting down the Jia Bhorali River.

Note: No elephant or jeep safari facility is available at Nameri National Park.
Nameri National Park is open from 1st Nov to 30th April only.

After breakfast drive to Kaziranga (115 kms/3 hrs). On arrival check in at the hotel for 2 nights. Later in the afternoon enjoy a jeep safari in Kaziranga National Park. Overnight at the hotel.

Kaziranga National Park: a World Heritage Site, Kaziranga is home to more than 75% of the world’s total population of the great Indian one horned rhinoceros can be found. It lies on the southern bank of the Brahmaputra River and is one of the oldest parks of Assam. Other mammals include the Asiatic water buffalo, elephant, tiger, swamp deer, barking deer and hog deer. About 400 species of birds are found in the Kaziranga National Park, amongst which are the swamp francolin, great hornbill, Pallas’s fish eagle, pied falconets, greater adjutant stork and long billed vulture. There is no telling what one might find in Kaziranga but it is always a great experience. The specialty here is the blue naped pitta amongst a host of raptors and waterfowl. The adjoining buffer areas are worth a try too, as numerous rare sightings are reported regularly.

Note: the national park in this sector remains open from 01 November to 30 April every year. However, it’s hoped that it will stay open during some of October, but this can only be confirmed nearer the time, taking the weather and other factors into consideration. If the park is opened in October there will be limited access to areas due to weather and road conditions.

We spend a full day exploring the beautiful forests and grasslands of the national park with one morning elephant safari followed by one jeep safari post breakfast. After lunch enjoy another jeep safari. Overnight at the hotel.

Elephant Safari: approximately 45 mins duration (05:00 to 06:00 and 06:00 to 07:30) elephant safaris for visitors are held only on Kaziranga Range, Kohora (Central Range). Allocation of elephant riding seats and timings are regulated by the forest department, Kaziranga National Park and the Government of Assam. The tickets for the same are issued only on the previous evening of the ride after 19:30, subject to availability. The best way to explore the wide variety of wildlife in Kaziranga National Park, the elephant safari starts very early in the morning. The park is covered by elephant grass which is very high and so the view from an elephant’s back is perfect! During the course of the safari one can hopefully see herds of Indian elephants and the one-horned rhinoceros at a very close distance while traversing through the terrain of swamps and tall grass. This proximity to wild animals in Kaziranga National Park makes the trip memorable and thrilling and is also great for early morning photography of rhinos in the mist. There are also good chances of seeing the Bengal florican from elephant back.

Jeep Safari: morning entry time is between 07:00 and 09:30, visiting time until 12:00 noon. Afternoon entry time is between 13:30 and 15:00, visiting time is until sunset. Jeep safaris are permitted on pre-defined tourist circuits within Kaziranga National Park- currently at the following points:

1. Mihimukh in Central Range at Kohora
2. Bagori in Western Range at Bagori
3. Agaratoli in Eastern Range at Agaratoli
4. Burapahar Range

The Central Range passes through the entire habitat spectrum from ox-bow lakes, savannah woodland to swamp forests. It is very good for mammal sightings as well as for birds (blue-bearded bee-eater, great hornbill, rufous woodpecker). While driving along the trail, one can see rows of Indian roofed and tent turtles (Kachuga tecta and Kachuga tentoria). Water monitors (Varanus salvator) are sometimes spotted in the beels.

The Eastern Range abounds in water birds such as bar-headed geese, falcated duck, grey-headed lapwing and spot-billed pelican (a colony of 200 pairs of this globally threatened species nesting on the Bombax trees can be found here).

The Western Range has the highest density of rhinos as this part of the park is swampier. It has grassland birds and raptors (swamp francolin, pallas’s fish eagle etc) while smooth Indian otters (Lutrogale perspicillata) can sometimes be seen fishing in it’s ox-bow lakes.

After breakfast head out on anothoer jeep safari before later in the afternoon driving to Jorhat (80 kms/2 hrs) where you check in at the hotel for the night.

Today we drive to Neematighat (30 mins) for a ferry crossing (1 hr downstream boat cruise – the time depends upon the water level of the river) to Majuli. This is the largest inhabited river island in the world and famous for the Vaishnavite Satras or monasteries (Kamalabari Satra, Auniati Satra, Benganti satra, among others) and culture. It is nestled between the confluence of the Subansiri and the Brahmaputra rivers. Visit the monasteries and interface with the tribes on the island. Later in the afternoon ferry back to mainland and overnight at hotel in Jorhat.

Majuli Island: a World Heritage Site, the island is located in the Brahmaputra River and is the largest inhabited riverine island in the world (1250 sq km). The island has long served as a monastic retreat to the Vaishnavite community and is known for its beautiful rural setting and traditional Assamese and Mishing architecture. It is located 20 km from the city of Jorhat, Assam. Since water bodies cover most of the island, it attracts a number of local and migratory birds. About twenty six Satras or cultural houses of power are located in Majuli, of which the Kamalabari, Auniati and Garmur are worth a mention. These Satras propogate the religious ideology of medeival Assam’s Vaisnavite saints like Sankardev and Madhavdev.

The Mishings: belonging to the Tibeto-Burman clan of the Mongoloid race, it’s not known exactly where the Mishings migrated from, but it is believed that they were dwellers of the hills of present day Arunachal Pradesh. This explains the cultural and linguistic similarities they have with the people of the Adi (erstwhile Abor) tribe, and to some extent of the Hill Miri and Dafla tribes of Arunachal Pradesh. Somewhere around the 13th century, they started migrating towards the plains of Assam, most probably in search of fertile land. This exodus continued for at least 2-3 centuries. As fate would have it, they found one of the most fertile river-beds (that of the mighty Brahmaputra) and settled on both banks along the length of the river, starting right from Sadiya in the east, to Jorhat in the west. They continued their practice of living in thatched houses raised on bamboo stilts, known as chang ghars. It was a protection against flood waters during the rainy season, although the original logic behind raised houses was protection from wild beasts. The yearly floods ensured that the Misings lived a life of abject poverty and misery. Agriculture being their main occupation, floods still affect them in more ways than one. Their chief festival is Ali-Aye-Ligang, held in the month of February, which celebrates the agricultural harvest. Most Mishings follow both the Donyi-Polo and Hindu religions, but some Mishings also follow the Catholic or Baptist faith. The language of the Misings is known as Mishing language.

Early in the morning visit the Gibbon Wildlife Sanctuary (22 kms/40 mins). Later we drive to Dibrugarh (140 kms /3 hrs), en-route visiting Ahom Monuments and Temples at Sivasagar that encompass the 600 year old history of the Ahom Dynasty. On arrival check in at the Mancotta/Chowkidinghee Heritage Chang Bungalow.

Gibbon Wildlife Sanctuary: famed for its hoolock gibbon population, the sanctuary is an isolated wildlife forest surrounded by tea plantations. With an area of around 20 sq km, it is in the south bank of the Brahmaputra River in Jorhat District, Assam. This sanctuary was established with the aim to protect the hoolock gibbon, an ape species. There are about 40 species of mammals that live in the sanctuary including the capped langur, the stump-tailed macaque, the pigtail macaque, the Assamese macaque, the Rhesus macaque and the slow loris.

Sivasagar: once the capital of the Ahom Kings, the Shans who came from Thailand through Northern Myanmar to this area in the early 13th century, ruled from here for 600 years. Thus the ruins of Ahom palaces and monuments dot the landscape around this historical town. The Siva Temple situated in Sibsagar was built by the Ahoms and is believed to be the tallest of all existing hindu temples. Centuries, before the arrival of the British, this part of the world was controlled by a number of tribal chieftains.

Shiva Dol and Shiva Sagar (tank): a huge 125 acres water tank was built in Sibsagar by Queen Ambika in 1734 AD. On its bank are three temples – Shivdol, the most important of the three, attracts a large number of devotees on Shivaratri. It is probably the loftiest Shiva temple in the country.

Rang Ghar: remains Asia’s largest amphitheatre and was the cultural playground of the Ahom Swargadeos or kings. It was constructed in 1746 during the reign of King Pramatta Singha. The king and his officers would sit in the auditorium and watch indigenous games like wrestling, bird fights, buffalo fights and more. There is a beautiful park near the ancient royal auditorium which enhances it’s picturesque setting.

Talatal Ghar: Ahom architecture over the centuries has resulted in some very defining edifices. The Talatal Ghar at Sivasagar is a seven storied building with four floors below the ground and three floors above the ground – an amazing palace for the Ahom Kings but at the same time an exceptional architectural concept given the period of history in which it was built.

Dibrugarh: is the gateway to the ‘Hidden Land’ of Eastern Arunachal Pradesh and Northern Myanmar. The Ahoms from Thailand came through Northern Myanmar to this area in the 13th century to establish their Empire which thrived in the ancient land of Assam. It is the ‘Camellia’ town of Upper Assam, an undisturbed haven, with its rich tea gardens resembling a lush green carpet. Experience and enjoy the richness of these tea gardens while staying at the Heritage Chang Bungalows. These are constructed on stilts and are situated in a serene atmosphere free from pollution.

When the British established their tea plantations in the mid-19th century they quickly built comfortable bungalows designed to make life as pleasant as possible in what was to them, a hostile and strange land. One of the main features of these buildings has given rise to their name – Chang Bungalow. Chang in the local language means ‘raised on stilts’ and the design served multi purposes – to keep the house cool by allowing the breeze to blow underneath and to keep both water and animals out!

Post breakfast, take a tea tour around a tea estate known for producing high quality CTC teas – Ethelwold Tea Estate. Also experience a tea tasting session with one of the knowledgeable people in the field of tea/practicing Estate Manager. Later we drive to Naharkatiya (60 kms) and visit Namphake Village. In the afternoon we continue to Limbuguri Tea Estate, Tinsukia. On arrival check in at Wathai Heritage Bungalow for 02 nights.

Tea Tour: a tour through a 160 year old heritage tea garden will give you an insight into the different activities that vary from season to season. It will teach you all about tea – its origin, how it is grown, tea tasting and its quality. The estates come alive with teams of colourfully dressed tea pluckers, predominantly ladies, who pluck the delicate buds and leaves. The harvest is taken every day to the factory where it undergoes an age old process of being turned into the finished product. All stages of the process are carefully controlled to ensure that the product which leaves the factory is only of the highest quality, a quality that has made Assam tea world famous. CTC (Crush, Tear and Curl) tea is a method of processing tea. In this process the leaves instead of being rolled, are passed through a series of cylindrical rollers with hundreds of small sharp ‘teeth’ that Crush, Tear, and Curl. This style of manufacture has the advantage that the finished product brews quickly, gives a dark infusion rapidly, is well suited for tea bags, and yields more cups per kg. In the Indian domestic market, this product has virtually taken over – over 80% of the tea produced is of the CTC type. It produces a rich red-brown color when the tea leaves are boiled and so is best suited for tea made in the Indian style. This is done by boiling leaves in a mixture of milk, water and sugar and some spices (producing Masala Chai).

Orthodox tea: The manufacturing process of orthodox tea is quite different from CTC. Instead of the tea leaf been crushed, the leaves are rolled in a machine that twist and break the leaves to release the natural chemicals that later react with oxygen in the air and give the tea its characteristic aroma and taste. It is the leafy variety of tea. Mukul Tea Estate has an area of 27 hectares and is about 8 Kms (approx 30mins) away from Mancotta Heritage Chang Bungalow. The entire garden which is organic, is located within pristine surroundings. The estate has within its boundary a tea plantation, a rich bamboo stand and a wet land which attracts numerous bird species. Visitors can enjoy a first hand experience of plucking tea by hand and preparing roasted green tea themselves.

Note: Visit to a tea factory is subject to it being operational on the day of the visit. There is no tea plucking between December until mid March and hence the actual manufacturing process of tea cannot be demonstrated when one visits the factory during this period. The factory also remains closed on Mondays.

Namphake: a beautiful ‘Tai’ village situated on the banks of theRriver Buridihing in Upper Assam. At Namphake one can see traditional houses built on stilts made of bamboo. Their roofs are made of ‘tokou pata’ (fan palm leaves). The Tai-Phakes are Buddhists, who have maintained their traditions and customs and wear hand woven clothes. They weave beautiful mekhlas and bags of various designs. The people are very hospitable. The Buddhist monastery at Namphake is well maintained and is worth a visit.

Wathai Heritage Bungalow, Limbuguri Tea Estate: this plinth bungalow will allow you to rejuvenate your senses. Located just 5km from the Dibru-Saikhowa National Park, it is the ideal retreat for a birding break. This ‘Managers Bungalow’, defines serenity and you will most certainly leave revitalized. It has been recently renovated and is the ideal base whether on a quest for quietude or seeking refuge whilst on an explorative ornithological voyage at the neighboring Dibru Saikhowa National Park. Although reverine in nature, this park remains open most of the year with innumerable varieties of colourful birds chirping at various pitches and hopping from branch to branch. It is indeed an orinthologist’s delight whilre endangered species like gangetic dolphin and feral horses are common sights in Dibru-Saikhowa.

Fresh tea can be enjoyed in the ‘jali room’ to the front of the bungalow in a peaceful atmosphere overlooking the manicured gardens, while meals are served in the spacious dining room complete with an original fireplace. The family room and two large bedrooms complete with ensuite enables eight people to sleep here very comfortably.

Early morning we visit the Dibru-Saikhowa National Park and the Maguri Beel. We take several boat rides on the Dibru River, go for a jungle walk, look out for a variety of birds and gangetic dolphin. Overnight at the Bungalow.

Dibru-Saikhowa National Park has some of the most distinct and vibrant wilderness on earth and is known for its pristine scenic beauty. The forest in this park ranges from semi-evergreen to deciduous to littoral to swampy marshes with patches of wet evergreen jungles Dibru-Saikhowa is a safe haven to many rare and endangered species of over 350 birds and is a must visit site for target-list birders. Highlights include Jerdon’s bushchat, black-breasted parrotbill and marsh babbler. Several other rarely observed species can be found in the extensive grasslands, wetlands, and riverine forests including Baer’s pochard, Bengal florican, pale-capped pigeon, falcated duck, baikal teal, Chinese spotbilled duck and rufous vented prinia. Dibru-Saikhowa is also haven for an incredible number of waders, ducks, raptors and its specialty, grassland birds.

You’ll be transferred to Dibrugarh Airport (1 hr) to board your onward flight.

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    Wildlife, Culture & Birding Safari

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    11 Days from
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      “Effective Date” the date upon which the last of the parties to this Agreement signs it;
      “Force Majeure Event” has the meaning ascribed in clause 15;
      “Intellectual Property Rights|” all vested contingent and future intellectual property rights including but not limited to goodwill, reputation, rights in confidential information, copyright, Marks, service marks, devices, plans, models, diagrams, specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights (whether registered or unregistered) and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created;
      “Law” means any applicable Act of Parliament in the UK (as amended, extended or re-enacted), subordinate legislation, regulatory policy, industry code, guidance or requirements applicable to the relevant Party including applicable foreign laws and laws relevant to a particular Travel Partner with respect to the conduct of its business in the jurisdiction(s) in which it is marketing products or services via the Safari Deal Platform;
      “Marks” means any logo, trading name, registered company name or other brand or company identification mark whether registered as a trademark or not;
      “Material Breach” means any significant default, failure or breach of a term whether through an act or an omission as judged to be so by Safari Deal acting reasonably;
      “Other Enquiry” an introduction made in the form of a formal enquiry made via phone, messaging service or email outside of and unconnected to a Platform Enquiry but nevertheless attributable primarily to Safari Deal’s introduction-services or other efforts to direct a Safari Deal Customer to the Travel Partner
      “Permitted Recipients” the parties to this Agreement, the employees of each Party, any third parties engaged by a Party to perform obligations in connection with this Agreement and their successors and assigns in each case;
      “Platform Enquiry” an introduction made in the form of a formal enquiry made or submitted by a Safari Deal Customer to the Travel Partner through the Safari Deal Platform (per enquiry);
      “Referral Fee” means any sum payable for the following:
      (i) Platform Enquiries – each formal enquiry made or submitted by a Safari Deal Customer to the Travel Partner through the Safari Deal Platform (per enquiry) (a “Platform Enquiry”),
      (ii) Other Enquiries – each formal enquiry made via phone, messaging service or email outside of and unconnected to a Platform Enquiry but nevertheless attributable primarily to Safari Deal’s introduction-services or other efforts to direct a Safari Deal Customer to the Travel Partner (an “Other Enquiry”);
      in both cases as set out using formulae provided in clause 6.2
      “Relevant Advertising” means any publicly displayed information or communication distributed or uploaded by either Party in connection to or pursuant to the Agreed Purposes and this Agreement including any:
      (a) letters, text messages, posts, social media content or e-mails;(b) webpages; and/or(c) text or image-based advertisements procured or placed by either Party;
      “Services” means the range of customer services, marketing, travel partner support, back-office and any other services which are incidental or ancillary to providing the Safari Deal Platform;
      “Shared Personal Data” the personal data to be shared between the parties under this Agreement. Shared Personal Data shall be confined to contact information, locational information and other basic identifiers of living individuals connected to, coming from or representative of a Customer or Safari Deal or XXXX Ltd;
      “Safari Deal Customer” means an individual user of the Safari Deal Platform or related services (such as advice or recommendation provided outside the Safari Deal Platform as the case may be) irrespective as to whether that individual has personally accessed the Safari Deal Platform or whether he or she is represented by another person or persons or club or group for the purpose of making travel plans;
      “Subscription Fee” means a subscription fee due and payable by a Travel Partner to Safari Deal in respect of the type of account held by the Travel Partner for the Safari Deal Platform – this will be informed by the level of services being supplied by Safari Deal and the grade of membership applied for, ranging from free (£0) for a basic account up to [£30 plus VAT] for a premium account;
      “Travel Partner” means any third Party engaged in the provision of safaris, tours, holiday packages, or itineraries or services associated with these and who registers as either a travel partner or itinerary partner with Safari Deal;

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

      1. COMMENCEMENT AND DURATION
        1. This Agreement shall commence on the Effective Date and shall continue for a rolling and indefinite term, until the Agreement is ended either with three month’s written notice (without cause) by either Party or earlier (with cause) in accordance with clause 12.
      1. MUTUAL APPOINTMENT
        1. The Travel Partner appoints Safari Deal on a non-exclusive basis to introduce new business to it via the Safari Deal Platform and Safari Deal appoints and accepts the Travel Partner as a formal, trusted partner and registered account-holder on the Safari Deal Platform.
        2. Nothing in this Agreement shall oblige Safari Deal to provide Safari Deal Customers to the Travel Partner (or influence in any way the booking choices or numbers of persons making an enquiry on the Safari Deal Platform). The Travel Partner acknowledges that Safari Deal shall enter into similar arrangements with other travel companies, tour operators and itinerary providers precisely to expand the attractiveness of the Safari Deal Platform and extend the community of travel partners and Safari Deal Customers using the Safari Deal Platform and related services.
      1. THE SERVICES & ACCOUNT TYPES
        1. For the collaboration envisaged by this Agreement to be successful, the parties agree to perform respective obligations and duties.
        2. Travel Partners shall be eligible in return for payment of the appropriate Subscription Fee to choose from basic-accounts or premium accounts on the Safari Deal Platform.
        3. Basic Accounts – In return for the payment of Referral Fees and Commissions set out in clause 6 plus the Travel Partners’ continuing discharge of its obligations under this Agreement, Safari Deal shall ensure that the Travel Partner receives:
          1. a business page listing at https://safarideal.com/travel-partner/[name of travel partner] which contains:
            • profile
            • company information
            • photos, videos, maps
            • reviews
            • up to five itineraries / products (where developed and available)
          2. all Platform Enquiries and Other Enquiries generated from an itinerary page relating to that Travel Partner (these referrals will go directly to the Travel Partner, who may regard the maker of the enquiries as its client from the point of referral onward).
        4. Premium Accounts – Travel Partners with premium accounts shall be entitled to the following additional features (not available to basic account holders) including:
          1. Google Analytics tools;
          2. priority reference from enquiries submitted via the general enquiries, landing and destination pages;
          3. special mention in email campaigns and,
          4. opportunities to place advertisements on main website pages.
      1. OBLIGATIONS OF THE PARTIES
        1. Safari Deal shall:
          1. provide and maintain the Safari Deal Platform in pursuance of the Agreed Purposes;
          2. from time to time enhance and improve the Safari Deal Platform where economic and practical to do so;
          3. share all content provided by the Travel Partner for use and display on the Safari Deal Platform (provided it is accurate, comprehensive, capable of uploading, is in intelligible form and complies with all Laws);
          4. positively endorse the Travel Partner when the opportunity arises in correspondence or communication with Safari Deal Customers;
          5. provide opportunities – when and if available – for the Travel Partner to further market and promote its product and services via trade shows, search engine optimisation, pay per click, social media posts and campaigns, and occasional blogs;
          6. enable access for the Travel Partner to the wider community of Safari Deal Customers, stakeholders and other travel and itinerary partners including certain strategic partnerships Safari Deal enjoys (currently including Bokun, WETU, destination services, public relations firms or agencies or key tourist board contacts in different localities);
          7. act in good faith with respect to the use of the Safari Deal Platform and in the making and submission of Platform Enquiries, Other Enquiries and referrals which lead to Commissions;
          8. ensure that Safari Deal Customers are made aware of and deemed to be bound by any terms of use relating to the Safari Deal website;
          9. ensure that Safari Deal Customers are fully aware that
            • 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.
        2. The Travel Partner shall:
          1. maintain their own business page listing with relevant and accurate content;
          2. adhere to any content requirements or formats prescribed by Safari Deal;
          3. follow any image sizing and resolution requirements (such that blurred or defective images supplied may be rejected by Safari Deal in its discretion);
          4. accept that as owners of the Safari Deal Platform, Safari Deal shall have the final say on all content-decisions and shall retain editorial control of all content displayed or published (and accordingly may amend content or materials supplied by the Travel Partner to Safari Deal);
          5. act in good faith at all times with respect to their own business page listing and shall not try to manipulate, interfere or game the workings of the Safari Deal Platform and shall not seek to re-prioritise any search functionality or the outputs of searches (for example the practice of keyword loading or stuffing);
          6. incorporate or refer to only those affiliations, memberships or networks that the Travel Partner actually (and currently) belongs to;
          7. hereby represent and warrant that it has the full permission or authority of any third-Party affiliation, membership organisation or network (e.g. ABTA) prior to using same on the Safari Deal Platform;
          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);
          9. ensure insofar as possible that the use of all content and all materials supplied to or displayed by Safari Deal does not and will not infringe the Intellectual Property Rights of any third Party anywhere in the world;
          10. fully indemnify and hold harmless Safari Deal for any liability incurred by Safari Deal to third parties for any use of the Travel Partner’s Marks (or other intellectual property rights) which infringe any third-Party intellectual property rights arising from their display or use by Safari Deal through the Safari Deal Platform or otherwise;
          11. on the expiry or termination of this Agreement forthwith to cease and desist from using Safari Deal’s Marks or other Intellectual Property Rights for any purpose;
          12. maintain its account and records with Safari Deal by providing all information prescribed or requested by Safari Deal and updating this from time to time so that at all times it is accurate and up to date, including but not limited to:
            • name of account manager and other key contact points
            • email address (and twitter, instagram and linkedin handles and contacts)
            • mobile phone numbers
            • company registration document in the relevant jurisdiction
            • relevant certifications and accreditations where required
          13. maintain high levels of customer services for all persons who make a Platform Enquiry or otherwise contact the Travel Partner in whole or in part because of any information gained through the Safari Deal Platform. Specifically, the Travel Partner shall acknowledge all communications made within the same day (within 24 hours) and shall substantively reply to that communication within [3] days from receipt;
          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.
        4. Neither Party shall make, negotiate or enter into any contracts or commitments or incur any liability for or on behalf of the other.
      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