Terms & conditions
Date of Last Revision: 28th January 2019
Welcome to www.safara.travel (the “Site”) offered by Safara USA, Inc. (“Safara”). This document contains the terms and conditions for using the Site and Services (as defined in Section 3). For information about Safara and its mission, please visit the learn more page.
This Agreement not only governs your use of the Site and Services, but also governs the use of the Site or Services to any person, Entity, organization, or otherwise to which you provide access to use the Site or Services. If you do not wish to agree to be bound by this Agreement, you are not permitted to access the Site or Services. If you access the Site or use the Services, this Agreement will apply to you unless Safara otherwise agrees in writing that some or all of the terms of this Agreement will not apply to you.
2. Changes to this Agreement
Safara provides hotel booking services for high-frequency travelers on a subscription basis (the "Services").
4. Access to the Site and Services
- 4.1 Non-Exclusive; Non-Commercial Use.
Subject to your acceptance and compliance with this Agreement, Safara grants you a non-exclusive, non-transferable, revocable, and limited license to use the Site and Services for your personal non-commercial and private use.
- 4.2 Eligibility.
You may only use the Site or Services if you are allowed by law to enter into a binding contract in the jurisdiction which you access the Site and you are in compliance with all applicable, federal, state, and local laws (and all regulations and rules thereunder). However, under no condition may you use the Site or Services if you are under the age of thirteen (13).
- 4.3 Passwords/Account.
You are responsible for all actions on the Site by you or under your account and for taking all reasonable steps to ensure that no unauthorized persons shall have access to your Site password or account. Without limiting the foregoing: (a) it is your sole responsibility to control the dissemination and use of any login code and password; (b) authorize, monitor, and control access to and use of your Site account and password; (c) promptly inform Safara of any need to deactivate a password; and (d) to update and keep current your contact information. You grant Safara and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the Site.
5. Pricing and Listing Validity
Prices for Services on the Site are displayed without sales tax and all other taxes and fees included unless stated differently on the Site. Any obvious errors and mistakes (including misprints) in a listing are not binding on Safara. Trip itineraries are indicative only and not guaranteed.
6. Subscription Fees
- 6.1 Refund.
Amounts paid to purchase the Services (the “Purchase Price”) are nonrefundable.
- 6.2 Inclusions.
Included with the Purchase Price are the following:
- Access to curated hotel selection;
- Hotel booking; and
- Access to the Safara rewards program;
- 6.3 Exclusions.
The Purchase Price does not include the following:
- Discounts or preferred hotel rates;
- Other travel services; and
- Advisory or concierge services.
Safara reserves the right to cancel the Services for any reason by sending a written notice of cancellation to the contact information you provided. All accumulated membership rewards will be forfeited immediately, and therefore, not transferred or reinstated for any reason.
8. Intellectual Property
Unless otherwise specified in writing, all materials that are part of the Site or Services, including, without limitation, content on editorial.safara.travel, are owned, controlled, or licensed by Safara and its licensors and are protected by law from unauthorized use. The entire contents of the Site (including, without limitation, all visual content, audio visual content, text, and the arrangement, sequence, structure, and organization of the Site) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. “Safara” and Safara logos are trademarks of Safara and may not be used without the express written permission of Safara. You do not acquire any ownership rights by using the Site or Services or downloading any materials therein.
9. Objectionable Content/Copyright Takedown
In appropriate circumstances, at its sole discretion, Safara may remove or disable access to materials, postings, or contents on the Site which are properly reported as, unlawful, illegal, infringing upon the intellectual property (including copyright) or other property rights of others, or may be abusive, or otherwise inappropriate.
Similarly, Safara may also, in its sole discretion, where properly reported, remove or disable links or references to an online location that are reportedly unlawful, illegal, infringing upon the intellectual property (including copyright) or other property rights of others, or may be abusive, or otherwise inappropriate.
If you believe that your rights have been violated by any unlawful, illegal, infringing upon the intellectual property (including copyright) or other property rights of others, abusive, or otherwise inappropriate postings, activities, links, or references on the Site, please notify Safara by written notice or by email to the following address email@example.com so we can evaluate the claim and take appropriate action. In the notice, please provide a link to the potentially infringing material, the infringement complained, and an email address to contact you.
10. Disclaimers; Limitations; Waivers of Liability
- 10.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES TO TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, NEITHER SAFARA NOR ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE OR SERVICES (COLLECTIVELY, THE “SAFARA PARTIES”) WARRANT THAT THE SITE AND SERVICES, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SITE OR SERVICES, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, CURRENT, TIMELY, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS
- 10.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SAFARA PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, WHETHER OR NOT THE SAFARA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE SAFARA PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOU HAVE PAID SAFARA IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED AND ZERO/100 U.S. DOLLARS ($100.00).
- 10.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
11. You Agree to Protect Us
Subject to this Agreement, you will defend, indemnify, and hold harmless the Safara Parties from and against all claims, causes of action, liability, expense, loss, or demand brought against the Safara Parties arising out of your use of the Site or Services or that of any individual you provide access to the Site and/or your breach or alleged breach, or that of any individual you provide access to use the Site or Services, of any term, condition, obligation, representation, or warranty in this Agreement, including by paying all attorneys’ fees and costs to defend such claims and actions and all awards, damages costs, and expenses arising therefrom. You agree that the provisions in the paragraph will survive any termination of the Agreement, the Site, or the Services.
12. Governing Law; Waiver of Injunctive Relief
- 12.1 Governing Law; Venue.
This Agreement and all aspects of the Site and Services will be governed by and construed in accordance with the internal laws of the United States and the State of Delaware governing contracts entered into and to be fully performed in the State of Delaware (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes of claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state courts located in the State of New York, County of New York, and you consent to, and waive all defenses and lack of personal jurisdiction and inconvenient forum with respect to venue and jurisdiction in the state courts located in the State of New York.
- 12.2 Requirement for Informal Negotiation.
To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and Safara agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such information negotiations commence upon written notice from one person to the other. You will send your notice with attention to Safara at 3220 E Mercer St, Seattle WA, 98112 USA.
- 12.3 Arbitration Requirement and Rules.
If you and Safara are unable to resolve a Dispute through informal negotiations within thirty (30) days, either you or Safara may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website: www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless required by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Safara may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- 12.4 Limitation of Parties to the Arbitration.
You and Safara agree that any arbitration will be limited to the Dispute between Safara and you individually. To the fullest extent permitted by law: (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other provisions.
- 12.5 Exceptions to the Above Dispute Requirements.
You and Safara agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Safara’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, privacy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
13. Waiver; Severability
- 13.1 Individual Waivers are not Continuing Waivers.
The failure of Safara to require or enforce specific performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of Safara’s right to assert or rely upon any such provision or right in that or any other instance.
- 13.2 Unenforceable Sections are Removed Without Cancelling the Agreement.
You and Safara agree that if any portion of this Agreement, except for Section 12.5, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If section 12.5 is found to be illegal or unenforceable, then neither you nor Safara will elect to arbitrate any Dispute falling within that portion of Section 12.5 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction in the state courts located in the State of New York, County of New York, and you and Safara agree to submit to the personal jurisdiction of the Court.
14. Statute of Limitations
- 15.1 The Site or Services May Not Be Appropriate Where You Live.
Safara operates and controls the Site from its offices in North America. Safara makes no representation that the Site or Services are appropriate or available in other locations. The information provided on the Site is not intended for distribution to or used by a person or Entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Safara to any registration requirement within such jurisdiction or country. Accordingly, those persons or Entities who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- 15.2 Termination of this Agreement.
This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all materials obtained from the Site, Safara, or any other website or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Safara if, in our sole discretion you fail to comply with any term or provision of this Agreement, or if for any reason, in Safara's sole discretion.
- 15.3 Interpretation.
Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without notice to you. The section headings used in this Agreement are for convenience only and will not be given any legal import. You agree that this Agreement will not be construed against Safara by virtue of having drafted it.
- 15.4 No Assignment.
You may not assign this Agreement without Safara's prior written consent, which may be withheld by Safara in its sole discretion, and any assignment without such consent shall be deemed null and void. An instance of an assignment in one case shall not constitute a waiver of consent for any other assignment. Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with Safara relating to the Site or Services.
- 15.5 Entire Agreement.
This Agreement contains the entire understanding between you and Safara and supersedes all prior understandings between the parties concerning its subject matter and cannot be changed or modified by you.
- 15.6 Waiver of Claims for Electronic Format.
You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.