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Terms & Conditions

Introduction TCs

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

 

These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by CONSERVATION CLUB AFRICA and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below. The relationship that we have with our partners are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these Partners. Each Partner acts in a professional manner vis-à-vis Conservation Club when making its product and/or service available on or through Conservation Club (both for its business-to-business (“B2B”) and/or business-to-consumer (“B2C”) relationship). Please note that Partners may have, declare applicable and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery / shipping / carriage / usage) terms and conditions and house rules for the use, access and consummation of the Trip (which may include certain disclaimers and limitations of liability).

 

 

Definitions

“Conservation Club”, “us”, “we” or “our” means CONSERVATION CLUB AFRICA ltd., a limited liability company incorporated under the laws of South Africa, and having its registered address at 14 SHANKLIN CRESCENT CAMPS BAY, SOUTH AFRICA. “Platform” means the (mobile) website on which the Trip Service is made available owned, controlled, managed, maintained and/or hosted by Conservation Club. “Trip” means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Partner.

 

“Partner” means the provider of accommodation (e.g. lodge, hotel, bed & breakfast, etc.), experiences (e.g. walking safaris, Rhino conservation week, etc.), and any other travel or related product or service from time to time available for Trip Reservation on the Platform (whether B2B or B2C).

“Trip Service” means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by Conservation Club in respect of various products and services as from time to time made available by Partners on the Platform.

“Trip Reservation” means the order, purchase, payment, booking or reservation of a Trip.

 

 

Conservation Club Values

The property Conservation Club Standards:

  • Commitment to inclusive travel
  • Sustainable practice
  • Community empowerment
  • Conservation contribution
  • High quality offering
  • Local economic benefit
  • Staff opportunities
  • Covid-19 protocol and standards

 

 

1. Scope and nature of our Service

Through the Platform, we – can advertise, market, sell, promote and/or offer (as applicable) the Partners products and service for order and reservation, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Trip Service). By using or utilizing the Trip Service (e.g. by making a Trip Reservation through the Trip Service), you enter into a direct (legally binding) contractual relationship with the Partner with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Trip Reservation, we act solely as an intermediary between you and the Partner, transmitting the relevant details of your Trip Reservation to the relevant Partner(s) and sending you a confirmation email for and on behalf of the Partner. Conservation Club does not (re)sell, rent out, offer any (travel) product or service.

 

When rendering our Trip Service, the information that we disclose is based on the information provided to us by Partners. As such, the Partners that market and promote their Trip on the Platform have provided all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Trip Service, we cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Partner remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Partner (or its facilities, venue, vehicles, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.

 

Our Trip Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

 

 

2. Prices and offers facilitated by a partner company

The prices as offered by the Partners on our Platform are highly competitive. All prices for your Trip are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including Conservation Fees) may be charged by the Partner on location.

 

Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Partners may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.

 

We want you to pay the lowest price possible for your product and service of choice. Should you find your property of choice booked through the Platform, with the same Trip conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate.

 

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

 

Obvious errors and mistakes (including misprints) are not binding.

 

All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

 

 

3. Privacy and cookies

Conservation Club respects your privacy. Please have a look at our privacy and cookies policy for further information.

 

 

4. Commission Structure

Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our Trip Service or add any additional (reservation) fees to the rate. You will pay the Partner the relevant amount as indicated in the Trip Reservation (plus – insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)).

 

Partners pay a commission (being a small percentage of the product price (e.g. room price)) to Conservation Club after the booking has been made. 

 

Only Partners which have a commercial relationship with Conservation Club (through an agreement) will be made available on Platform (for their B2B and/or B2C promotion of their product). Conservation Club is not an open platform (like Amazon or eBay) where end users can make their product available (no C2C platform); Conservation Club does not allow non-professional parties to offer or sell their products on or through Conservation Club.

 

 

5. Credit card or bank transfer

Conservation Club facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Partner (Conservation Club never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Partner will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.

 

Please note that Partners require that payment is made upfront by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Trip Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Trip Reservation. You will not hold Conservation Club liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Partner and not (re)claim any amount for any valid or authorized charge by the Partner (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.

 

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Conservation Club’s secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

 

 

6. Pre-payment, cancellation, no-show and fine print

By making a Trip Reservation with a Partner, you accept and agree to the relevant cancellation and no-show policy of that Partner, and to any additional (delivery) terms and conditions of the Partner that may apply to your Trip (including the fine print of the Partner made available on our Platform and the relevant house rules of the Partner), including for services rendered and/or products offered by the Partner. The relevant (delivery/purchase/use/carrier) terms and conditions of a Partner can be obtained with the relevant Partner. The general cancellation and no-show policy of each Partner is made available on our Platform on the Partner information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Trip Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Partner and the reservation. Please carefully read the fine print (below the Trip types or at the bottom of each Partner page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Partner (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Partner agrees or allows otherwise under its (pre)payment and cancellation policy.

 

If you wish to review, adjust or cancel your Trip Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Partner’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

 

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Partner so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Partner. Conservation Club does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Partner.

 

 

7. (Further) correspondence and communication

By completing a Trip Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information relevant to your Trip (Reservation) and destination, (ii) an email after arrival to rate the (experience with your) Partner and the Trip Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.

 

Conservation Club disclaims any liability or responsibility for any communication by or with the Partner on or through its platform. You cannot derive any rights from any request to, or communication with the Partner or (any form of) acknowledgement of receipt of any communication or request. Conservation Club cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Partner.

 

In order to duly complete and secure your Trip Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

 

Any claim or complaint against Conservation Club or in respect of the Trip Service must be promptly submitted, but in any event within 30 days after the scheduled day of consumption of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

 

Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a reservation to support your position (if needed).

 

 

8. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Trip Reservation confirmation email (whether for one event or series of connected events).

 

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Partner as made available on our Platform, (iii) the services rendered or the products offered by the Partner or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Partner or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

 

Conservation Club is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Trip and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Partner is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Partner). Conservation Club is not a (re)seller of the Trip. Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Partner. Conservation Club is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.

 

Whether or not the Partner has charged you for your Trip, or if we are facilitating the payment of the (Trip) price or fee, you agree and acknowledge that the Partner is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. Conservation Club is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. Conservation Club does not act as the merchant of record for any product or service made available on the Platform.

 

 

10. Intellectual property rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Conservation Club ltd., its Partners or providers.

 

Conservation Club exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or reviews, you hereby assign, transfer and set over all such intellectual property rights to Conservation Club. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

 

 

11. Applicable law, jurisdiction, and dispute resolution

These terms and conditions and the provision of our services shall be governed by and construed in accordance with South African law.

 

Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: “Mandatory Provisions”). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Cape Town, South Africa. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.

 

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

 

 

12. About Conservation Club 

The Trip Service is rendered by Conservation Club ltd., which is a private limited liability company, incorporated under the laws of South Africa and incorporated in 14 SHANKLIN CRESCENT CAMPS BAY, SOUTH AFRICA, with registration number 2020 / 674010 / 07.

 

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Welcome to Conservation Club, we bring conscious travellers together with unique tourism experiences in Africa. We connect those who commit to making a difference.

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