About these Terms
Design My Safari B.V. operates the Design My Safari website and online platform, through which travellers can explore, design and book safari packages.
These Terms of Use govern your access to and use of the Platform, including your account, the safari design tools, messaging features and website content. They do not govern the purchase, operation or delivery of a safari.
You must accept these Terms when creating an account. We record the version accepted and the date of acceptance. If you do not agree to these Terms, you must not register for or use an account.
Visitors who use the Platform without registering must also comply with the rules that apply to its public use.
Key terms
In these Terms:
- Account means a registered user account on the Platform.
- Content means the text, photographs, graphics, maps, guides, data, software and other material available through the Platform.
- Operator means an independent safari operator assigned in connection with a proposed or confirmed safari.
- Platform means the Design My Safari website and its related design, account, messaging, booking and payment tools.
- Safari Booking Terms means the separate terms governing the formation, payment, amendment, cancellation and delivery of a safari package. They are presented for acceptance before a booking payment is made. These Terms continue to govern use of the Platform, while the Safari Booking Terms govern the safari booking. If the documents conflict on a booking matter, the Safari Booking Terms prevail.
- User, you or your means anyone who accesses or uses the Platform.
- Design My Safari, we, us or our means Design My Safari B.V.
Eligibility
You must be at least 18 years old and legally able to enter into a binding agreement to create an Account or make a booking through the Platform.
If you use the Platform on behalf of other travellers or an organisation, you confirm that you are authorised to act for them and have permission to provide their information.
Your Account
You may browse and begin designing a safari without an Account.
You must create an Account to save a design, message an Operator, submit a safari for confirmation or make a payment.
When creating and using an Account, you agree to:
- Provide accurate, current and complete information.
- Keep your information and contact details up to date.
- Keep your login details confidential.
- Take reasonable steps to protect your Account.
- Tell us promptly if you believe someone has accessed your Account without permission.
You are responsible for activity carried out through your Account unless it resulted from a security failure for which we are responsible.
Communications from us
We may send service and transactional communications needed to operate the Platform, manage your Account or support a proposed or confirmed safari.
These may include Account notifications, security messages, safari confirmations, payment receipts, reminders and other important service information.
These communications are not marketing messages. Marketing communications are separate and optional, and you may opt out of them at any time.
You are responsible for keeping your contact details accurate and checking that messages from us are not being blocked or filtered.
Messaging through the Platform
The Platform allows registered users to communicate with an assigned Operator about a proposed safari.
Before a booking is confirmed, all communication must remain on the Platform. You must not use the messaging tools to:
- Exchange contact details for the purpose of bypassing the Platform.
- Arrange or pay for a proposed safari privately.
- Send direct booking links.
- Send unlawful, abusive, threatening, misleading or unsolicited content.
- Share information that you do not have permission to disclose.
Keeping communication on the Platform allows us to support users, maintain a record of what was discussed and protect the integrity of the booking process.
If an Operator asks you to arrange or pay for a proposed safari outside the Platform, please tell us through the Contact page.
Using the Platform
We grant you a limited, personal, non-exclusive, non-transferable and revocable right to use the Platform for genuine personal travel purposes.
You must not:
- Use the Platform unlawfully or infringe another person’s rights.
- Provide false, misleading or fraudulent information.
- Impersonate another person or organisation.
- Attempt to bypass the Platform’s booking process, Operator-allocation process or fees.
- Access or attempt to access another person’s Account.
- Attempt to gain unauthorised access to any system, network or data.
- Introduce viruses, malware or other harmful code.
- Interfere with the security or operation of the Platform.
- Scrape, crawl or use automated tools to collect Content or data without our written permission.
- Copy, distribute, sell or commercially exploit the Platform or its Content.
- Upload unlawful, defamatory, abusive or infringing material.
- Use the Platform to send spam or unsolicited communications.
We may investigate suspected misuse and take reasonable action to protect the Platform and its users.
Information you provide
You are responsible for ensuring that information you submit is accurate, lawful and not misleading.
You must have the necessary permission to provide information about another traveller.
You retain ownership of content you submit. You give us permission to store, process and use it only as reasonably necessary to:
- Operate and secure the Platform.
- Provide the requested features.
- Support users.
- Investigate problems or misuse.
- Maintain necessary records.
- Meet legal obligations.
We may remove or restrict content that is unlawful, infringes another person’s rights, breaches these Terms or threatens the security of the Platform.
Platform information
We take reasonable care to keep Platform information accurate and current, but we do not guarantee that all information will always be complete, current or free from error.
Safari designs, prices and availability displayed before confirmation are indicative and may change.
Photographs, maps, accommodation descriptions, activity information and other travel content may be supplied by third parties and may change without notice.
General destination and wildlife information does not guarantee that a particular animal, event, condition or experience will occur.
Third-party websites and services
The Platform may contain links to third-party websites, payment services, maps, tools or content that we do not control.
A link does not mean that we endorse the third party or accept responsibility for its website, content, security or availability.
Your use of a third-party service is subject to that provider’s own terms and privacy information.
Intellectual property
The Platform and its Content, including its design, text, graphics, logos, photographs, data and software, are owned by or licensed to Design My Safari and are protected by intellectual-property laws.
The Design My Safari name and logo may not be used without our permission.
Unless these Terms or the law permit it, you must not copy, reproduce, republish, distribute, adapt, sell or commercially use the Platform or its Content without our written permission.
If you believe that Content on the Platform infringes your intellectual-property rights, please contact us through the Contact page.
Privacy and data
We process personal data in accordance with our Privacy Policy.
The Privacy Policy explains what information we collect, why we use it, who we share it with, how long we retain it and the rights available to you.
Platform availability and changes
We do not guarantee that the Platform will always be available, uninterrupted or free from errors.
We may maintain, update, change or temporarily restrict Platform features for technical, security, legal or operational reasons.
We will try to give reasonable notice of significant planned changes where practical.
A change to the Platform does not cancel or alter an existing safari booking or remove any rights that cannot legally be excluded.
Nothing in these Terms limits any mandatory rights you may have in relation to the Platform as a digital service.
Liability for Platform use
This section applies only to access to and use of the Platform.
Nothing in these Terms excludes or limits liability where doing so would be unlawful. This includes liability for fraud, death or personal injury caused by negligence, and rights that cannot be excluded under mandatory consumer law.
Subject to those protections, we are not responsible for:
- Temporary interruptions, maintenance or downtime.
- Problems caused by systems outside our reasonable control.
- Third-party websites or content.
- Loss caused by inaccurate or incomplete information supplied by you.
- Loss that was not reasonably foreseeable.
Nothing in these Terms limits any mandatory rights relating to a safari booking.
Suspension and Account closure
We may restrict, suspend or close an Account where reasonably necessary because:
- These Terms have been materially breached.
- We reasonably suspect fraud, misuse or unlawful activity.
- The Account presents a security risk.
- Action is required by law or a competent authority.
- Continued access could harm the Platform or another person.
Where reasonably possible, we will explain the reason and provide notice before taking action. Immediate action may be necessary for serious security or legal reasons.
You may ask us to review an Account restriction through the Contact page.
You may stop using the Platform or request closure of your Account at any time.
Closing an Account ends access to its Platform features but does not necessarily require the immediate deletion of all related information. We may retain information where necessary to manage an active booking, resolve a dispute, prevent fraud, meet a legal obligation or protect legal rights.
Closing or suspending an Account does not automatically cancel or change an existing safari booking. If necessary, we will provide another reasonable way to receive important booking information and support.
Changes to these Terms
We may update these Terms to reflect changes to the Platform, security requirements or applicable law.
Changes apply from the stated effective date and do not retrospectively alter existing rights or obligations.
We will take reasonable steps to notify registered users of significant changes. We may ask you to accept an updated version before continuing to use restricted Platform features.
If you do not agree to an update, you may stop using the Platform and request closure of your Account.
Contact and complaints
The Platform is operated by:
Design My Safari B.V.
Lauriergracht 30-1
1016 RL Amsterdam
The Netherlands
Chamber of Commerce number: 97779342
For questions, complaints, reports of misuse or problems using the Platform, please contact us through the Contact page.
Please explain the issue clearly and include any relevant Account information, safari reference, dates or supporting material.
We will review the issue and respond within a reasonable period.
General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
If these Terms are translated, the English version will govern to the extent permitted by applicable law.
Governing law and jurisdiction
These Terms are governed by Dutch law.
If you are a consumer, you also retain the protection of any mandatory consumer law applicable in your country of residence.
The courts of Amsterdam have jurisdiction, subject to the mandatory jurisdiction rights available to consumers. Consumers may bring or defend proceedings in any court available to them under applicable consumer law.