BookingTerms

These Booking Terms (the “Terms”) govern the Customer’s use of the Platform and any Booking made through it. They set out the basis on which the Customer designs and books a Safari, and the basis on which that Safari is delivered by the independent Operator assigned to the Booking.

By creating an Account, designing an Itinerary, submitting an itinerary request or confirming a Booking, the Customer accepts these Terms, together with the Privacy Policy.

At booking confirmation the Customer also enters into a separate, binding Operator Contract with the assigned Operator, covering delivery of the Safari (see section 3). On confirmation of payment, that contract becomes binding between the Customer and the Operator. The Operator’s identity, registration, licences and contact details, together with the Customer’s details and the booking-specific information (route, dates, Travellers, payment schedule, cancellation deadlines and emergency contacts), are set out in the populated Operator Contract, which is generated automatically on payment confirmation, emailed to both parties and attached to the booking record.

The Customer authorises Design My Safari B.V. (Lauriergracht 30-1, 1016 RL Amsterdam, the Netherlands) to facilitate the Booking with a participating Operator, who becomes the contracting safari provider on booking confirmation.

A person who does not accept these Terms must not use the Platform.

In these Terms:

• Account: a user account created on the Platform.
• Booking: a confirmed safari booking accepted by the Customer through the Platform, assigned to and fulfilled by an Operator.
• Booking Reference: the unique reference assigned to the Booking by the Platform.
• Customer: the person who confirms the Booking and accepts these Terms, on their own behalf and on behalf of all Travellers covered by the Booking.
• Design My Safari: Design My Safari B.V., a company registered in the Netherlands at Lauriergracht 30-1, 1016 RL Amsterdam.
• Itinerary: the day-by-day safari programme, accommodations, room types and activities as displayed on and accepted through the Platform at the moment of acceptance.
• Operator / Safari Operator / Tour Operator: the independent third-party safari operator that the Platform matches to the Booking, assigned on payment confirmation and identified in the populated Operator Contract delivered to both parties.
• Operator Contract: the separate contract between the Customer and the Operator governing delivery of the Safari, accepted by the Customer at booking confirmation.
• Platform: the Design My Safari website and its related booking, messaging and payment systems, operated by Design My Safari.
• Safari Services / Safari / Travel Services: safari-related services including accommodation, transport, guiding, park access, permits, activities and related services as set out in the Itinerary, provided exclusively by an Operator.
• Travellers: the Customer and any additional persons travelling under the Booking.

Design My Safari operates a technology and booking platform connecting customers with independent safari operators. Safari Services are provided by independent Operators, who are solely responsible for the operation and delivery of the Safari.

• Design My Safari acts solely as an intermediary and platform provider.
• Design My Safari does not organise, operate, provide, resell or bundle Safari Services.
• Design My Safari does not issue travel documents, confirmations or invoices for Safari Services.
• On confirming a Booking, the Customer enters into the Operator Contract directly with the Operator for the provision of Safari Services.
• Design My Safari is not a party to the Operator Contract, except where mandatory law requires otherwise in its capacity as an intermediary.

The Customer’s use of the Platform, and Design My Safari’s processing of personal data, are governed by the Privacy Policy, which is separate from the Operator Contract.

3.1 The three parties and their roles

These Terms involve three parties, each with a distinct role:

• The Customer: the person making the Booking, who accepts these Terms on their own behalf and on behalf of all Travellers.
• The Operator: the independent local operator assigned to, and responsible for delivering, the Safari.
• Design My Safari: the booking platform that facilitates the Booking, allocates the Operator and administers the payment process. Design My Safari is not the provider of the Safari and, except where mandatory law requires, is not a party to the Operator Contract.

In summary, and as set out in more detail throughout these Terms:

Design My Safari must:

• facilitate the booking process;
• assign a vetted Operator through Fair Distribution;
• process payments through the Platform, where applicable, passing the Operator’s share to the Operator; and
• provide customer support relating to the Platform.

The Operator must:

• deliver the Safari;
• provide the vehicles, guides and accommodation; and
• comply with applicable laws and insurance requirements.

The Customer must:

• provide accurate information;
• make payments on time;
• obtain adequate travel insurance; and
• comply with the Operator’s reasonable instructions.

The Operator’s obligations are set out in full in section 9, and the Customer’s in section 10.

3.2 Customer support

Before travel. Design My Safari provides Platform support, and safari operations are coordinated between Design My Safari and the Operator through the Platform.

During the Safari. The Operator is the Customer’s primary point of contact and is responsible for operational decisions and local support. Design My Safari remains available for escalation support and assistance where reasonably possible.

Design My Safari may liaise with the Operator on the Customer’s behalf but does not assume operational control of, or legal responsibility for, the Safari.

4.1 Operator-supplied pricing and availability

• Prices, routes, accommodation details and availability shown on the Platform are set and supplied by the Operators, based on the rate cards and information they provide to Design My Safari. Design My Safari does not set these prices or details.
• Design My Safari publishes operator-supplied information as it is provided. Design My Safari does not hold real-time availability or final pricing and does not independently verify every detail. The information shown is therefore indicative and may not in all cases be accurate, complete or current.
• Final prices and availability are confirmed only by the assigned Operator after the Customer submits an Itinerary. That confirmed information, not the indicative information shown during design, applies to the Booking.
• Where an obvious error in a price or detail is identified before the Booking is confirmed, Design My Safari or the Operator may correct it and, where appropriate, must give the Customer the choice to proceed at the corrected price or not to proceed.

Design My Safari does not guarantee the accuracy, completeness or currency of operator-supplied information displayed on the Platform, and is not responsible for errors in information provided to it by an Operator. The Operator is responsible for the accuracy of the prices, availability and details it provides and for confirming them before the Booking is finalised.

4.2 No endorsement or recommendation

The display of routes, accommodations, activities or Operators does not constitute a recommendation, endorsement or guarantee by Design My Safari.

The Customer is responsible for determining whether an Itinerary and related services are suitable for the Customer and the Travellers.

• The Customer must be 18 years or older to create an Account or make a Booking.
• A Booking may include Travellers under 18 where made by an adult who is their parent or legal guardian, or with the authority of a parent or legal guardian.
• The Customer is responsible for maintaining the confidentiality of the Account credentials and for all activity conducted through the Account.

An Itinerary designed on the Platform is a non-binding itinerary request.

Departure dates. The Customer must not select a departure date fewer than 13 days ahead; the earliest departure date available is always at least 13 days from the date of selection. An Itinerary must be submitted for confirmation by 13 days before departure (the “T-13” deadline). An Itinerary not submitted by then automatically expires, after which it can no longer be booked and must be recreated with new dates.

One safari in confirmation at a time. The Customer may hold one itinerary request in confirmation at any time, and must not submit a further itinerary request until the live one has been booked, declined, expired or cancelled. The Customer may keep any number of saved Itinerary designs; this limit applies only to requests submitted for confirmation.

Once submitted:

• the itinerary request is assigned to one Operator only, selected randomly through a fair distribution system designed to give participating Operators an equal opportunity;
• the assigned Operator must independently confirm accommodation availability, determine final pricing and validate itinerary feasibility;
• where a selected accommodation is unavailable, the Operator may propose a comparable alternative, with availability and pricing confirmed before it is presented to the Customer.

When the confirmed Itinerary is returned to the Customer (“Safari Confirmation”), the Operator Contract is provided to the Customer for review before acceptance. The assigned Operator’s identity, profile, licences and contact details are disclosed to the Customer once the upfront payment has been received.

The Safari Confirmation is valid for 24 hours from the time it is returned. If it is not accepted within that period, the confirmation expires and the Itinerary must be re-submitted, subject to fresh availability and pricing.

No Safari is booked or confirmed until:

• the Customer accepts the fulfilled Itinerary; and
• payment is authorised through the Platform.

6.1 Confirmation and booking time limits

Itinerary requests, accommodation confirmations, Customer responses and payments are subject to the time limits communicated during the booking process. If the required action is not completed within the stated time, accommodation may be released and the confirmation request or Booking may be cancelled.

On confirmation of a Booking:

• the Customer accepts these Terms and the Operator Contract with the assigned Operator, whose identity, profile, licences and contact details are disclosed to the Customer once the upfront payment has been received, as set out in section 6;
• the Booking becomes binding and the upfront payment is non-refundable; and
• the Operator becomes solely responsible for delivery of the Safari Services under the Operator Contract.

Operator identities may be anonymised or withheld during the itinerary design phase to preserve fair distribution and Platform integrity, and are disclosed once the upfront payment has been received.

The Operator must deliver the Safari Services described in the Itinerary to the Travellers, on the dates and to the standard set out in these Terms and the Operator Contract.

The Itinerary is operationally feasible at the time of booking but is subject to the substitution and force-majeure provisions set out below.

8.1 Inclusions

Every Safari booked through the Platform includes the following as standard, provided by the Operator, unless the Itinerary states otherwise. The Itinerary confirms the exact inclusions for the Safari and may add further services.

• A private, air-conditioned 4×4 off-road safari vehicle with pop-up roof, two-way radio, cooler/fridge and charging ports.
• A guaranteed window seat for every Traveller.
• A dedicated safari driver-guide for the duration of the Safari.
• Airport and accommodation transfers as detailed in the Itinerary.
• Complimentary luggage storage.
• Unlimited mileage during game drives within the national parks.
• All national park entry fees and entrance administration.
• Lunch on safari, with vegetarian, vegan, gluten-free and Halal options available on request.
• Drinking water, soft drinks, beer and wine in the safari vehicle.

8.2 Exclusions

The following are not included in the Safari price unless expressly stated in the Itinerary:

• Tourist visa and travel insurance (see sections 10 and 16).
• Drinks and meals at lodges that are not listed in the Itinerary.
• Flights not listed in the Itinerary.
• Guide gratuities, which are customary and given at the Customer’s discretion (typically around USD 15–20 per person per day).

The Operator must:

• Deliver the Safari Services with reasonable skill and care and in accordance with the Itinerary.
• Hold and maintain all required licences, including a valid TALA (Tourist Agent Licence) issued by the Tanzanian Ministry of Natural Resources and Tourism, and any other licence required to lawfully operate safaris in the locations covered by the Itinerary.
• Maintain valid public liability and passenger insurance covering all Travellers, guides and vehicles for the full duration of the Safari.
• Provide qualified, English-speaking, first-aid-certified guides in line with the standards published in the Design My Safari Operator Standards.
• Provide safe, roadworthy vehicles appropriate to the Itinerary and the Travellers.
• Arrange and pay park-entry permits and conservation fees for the Travellers in respect of the parks and conservation areas covered by the Itinerary.
• Confirm accommodations with verified suppliers, and use only accommodations that meet the standard described in the Itinerary or a comparable substitute (see section 13).
• Provide a 24-hour local point of contact for the duration of the Safari, and reasonable on-the-ground assistance in the case of an operational or medical incident.
• Hold appropriate emergency-response procedures, including evacuation arrangements where applicable to the locations covered.
• Comply with all applicable laws in the conduct of the Safari, including park regulations and local conservation rules.

The Customer must:

• Provide accurate and complete traveller information for each Traveller, including full name, nationality, date of birth and passport or national ID number, in time for park-entry permits to be issued (see section 17).
• Hold valid travel documents for the entire travel period, including any visa required for entry into Tanzania.
• Comply with the lawful instructions of the Operator’s guides and staff during the Safari, particularly in relation to wildlife safety, park rules and vehicle conduct.
• Arrive at the agreed start point on the agreed date and time, or notify the Operator promptly of any delay.
• Pay any local supplements, optional extras or out-of-scope costs incurred during the Safari and not included in the Itinerary, directly to the supplier or to the Operator as appropriate.
• Behave reasonably, and must not engage in conduct that endangers other Travellers, staff, wildlife or the conduct of the Safari.

The Customer is responsible for their own conduct, the conduct of any Traveller covered by the Booking, and any minor in their care, during the Safari.

The total price for the Safari Services is the price quoted to the Customer on the Platform at the moment of acceptance, as set out in the booking record. The Operator’s obligation to deliver the Safari Services is conditional on receipt of the full price by the dates set out below.

11.1 Commission and VAT

• Design My Safari earns revenue solely through commission paid by Operators.
• VAT, where applicable, is charged only on Design My Safari’s commission, in accordance with applicable VAT / BTW law.
• The Operator remains responsible for pricing, park fees, local taxes, levies and regulatory compliance.

11.2 Payment processing

• Payments are processed through the Platform using third-party payment providers.
• Design My Safari acts as an intermediary, not as the supplier of Safari Services.

11.3 Amount due at booking

To secure the Safari, the Customer must make an upfront payment. This is a part payment of the total Safari price, calculated to cover the deposits the properties in the Itinerary require in order to hold the reservations.

The remainder of the Safari price falls due as the final balance under section 11.4.

Design My Safari does not charge the Customer any fee, booking fee, platform fee or service charge. The Customer pays a single Safari price, which is shown in full before the Booking is confirmed, together with the amount of the upfront payment and the amount of the final balance. Design My Safari is remunerated by the Operator and not by the Customer.

11.4 Final balance

• The Customer must pay the remaining balance no later than 70 days before departure.
• Design My Safari sends payment reminders approximately 85, 75 and 70 days before departure. Reminders are a courtesy. The Customer remains responsible for paying by the due date whether or not a reminder is received.

If the final balance has not been received by the end of the due date, Design My Safari may cancel the Booking for non-payment and will notify the Customer.

Where a Booking has been cancelled for non-payment, Design My Safari may, but is not obliged to, reinstate it if the outstanding balance is paid, or payment is confirmed as in progress, shortly afterwards and the Safari Services can still be delivered. Reinstatement is at Design My Safari’s discretion and cannot be relied on. A Customer who has paid, or believes payment is in progress, should contact Design My Safari immediately.

Cancellation for non-payment is subject to the cancellation policy in section 12. Amounts already paid are treated as they would be on any other cancellation at the same point in time.

11.5 Currency

All payments are charged in US dollars (USD). Accommodation, park fees and Safari Services across East Africa are priced and settled in US dollars.

• Safari pricing is held in USD and all amounts payable under these Terms are USD amounts.
• The Platform may display prices in other currencies as an indicative convenience. A displayed conversion is not the amount charged. The USD amount payable is shown to the Customer before payment is taken.
• Where the Customer’s payment method is denominated in another currency, the conversion is performed by the Customer’s own card issuer or bank at a rate set by that institution. Design My Safari does not set that rate and does not apply a separate currency charge.
• Refunds are made in USD to the original payment method. Any difference between the amount originally debited in the Customer’s own currency and the amount credited on refund arises from the Customer’s bank and is not a reduction of the refund.

12.1 The Booking is firm once paid

• The Customer has 24 hours to accept and pay for the Safari Confirmation (see section 6), which is the Customer’s opportunity to review the Booking before committing.
• Once payment is made, the Booking is firm. There is no separate cancellation or cooling-off period after payment, and the upfront payment is non-refundable.

12.2 Bookings within 70 days of departure

• The upfront payment and final balance are collected as a single payment at booking.
• Payments are processed immediately.
• Supplier commitments may begin immediately.

12.3 Cancellation policy

12.4 Refunds

• Refunds, where applicable, are processed through the Platform’s payment providers in accordance with this policy, to the original method of payment, and subject to payment provider rules.
• Additional cancellation rights or remedies arising under the Operator Contract or mandatory consumer law are not affected.

Refunds arising from Operator cancellation, Operator failure to deliver, or Operator inability to deliver are dealt with in section 14. This section 12 applies to Customer cancellation, expiry, non-payment and other Customer-led cancellation events, and does not limit the Customer’s rights where the Operator fails to deliver Safari Services.

This section does not affect any mandatory right the Customer may have under the consumer-protection law of their habitual residence.

Day-to-day delivery of the Safari is governed by the Operator Contract. The provisions below set out how changes are handled in practice.

13.1 Date changes requested by the Customer

The Customer may request a change to the travel dates by notice to the Operator, which may be routed through the Platform. Date changes are subject to:

• supplier approval;
• availability;
• supplier charges and price differences; and
• Operator costs.

The Operator must accept reasonable requests where possible, and Design My Safari must assist where reasonably possible, but no specific change is guaranteed. Any cost increase resulting from a date change is payable by the Customer before the change is confirmed.

13.2 Operational substitutions by the Operator

Comparable accommodation or operational substitutions may occasionally be required because of:

• availability changes;
• operational conditions;
• weather;
• road access; or
• supplier circumstances.

Where a substitution is required, the Operator must offer an accommodation or service of equal or higher standard where reasonably possible, and must notify the Customer of the change as soon as practicable.

Where no comparable alternative is reasonably available, the Operator and the Customer must agree a reasonable adjustment to the Itinerary or, where appropriate, a partial refund.

A pre-booked activity may be cancelled by the Operator or the activity provider, for instance a hot-air balloon safari cancelled for weather or safety reasons. Where that happens, the Customer is entitled to a full refund of the amount paid for that activity. This applies whether or not an alternative is offered. Where a later slot is available and the Customer wishes to take it, the activity is rebooked and paid for as a new arrangement.

This section applies where the Operator cancels, fails to deliver, or becomes unable to deliver part or all of the Safari Services after booking confirmation. It does not apply where the Customer cancels the Booking, fails to travel, fails to pay, or otherwise decides not to proceed, which is dealt with under section 12.

If the Operator cancels, fails to deliver, or becomes unable to deliver part or all of the Safari Services after booking confirmation, the Operator must notify the Customer and Design My Safari as soon as reasonably possible.

The Operator must use reasonable efforts to propose a suitable alternative arrangement where one is available. This may include alternative accommodation, revised activities, adjusted logistics, a replacement arrangement, or another reasonable operational solution.

Any alternative arrangement is subject to availability, supplier approval, safety, timing, operational conditions and any applicable price difference or supplier charge.

Where the Operator cancels, fails to deliver, or becomes unable to deliver part or all of the Safari Services for reasons within the Operator’s reasonable control, the Operator is responsible for:

• refunding the Customer in full for any Safari Services not delivered;
• covering any reasonable additional costs arising from arranging a replacement or alternative solution, where those costs result from the Operator’s cancellation, failure or inability to deliver; and
• cooperating with Design My Safari and the Customer to resolve the issue as quickly and reasonably as possible.

Design My Safari may assist by facilitating communication through the Platform, liaising with the Operator, and helping the Customer understand the available options. Design My Safari does not become a party to the Operator Contract, does not become the operator of the safari, and does not assume operational responsibility by assisting in this way.

Where the Operator’s cancellation, failure or inability to deliver is caused by force majeure, supplier failure, safety, legal requirements, park closure, government restriction or another circumstance outside the Operator’s reasonable control, the force majeure and operational flexibility provisions of these Terms apply.

Legal responsibility for delivery of the Safari Services remains with the Operator under the Operator Contract.

Neither the Customer, the Operator nor Design My Safari is responsible for delays, changes, cancellations, losses or inability to deliver or use the Safari Services caused by events outside their reasonable control. Such events include, but are not limited to:

• severe weather, flooding or wildfire;
• road closures;
• government restrictions or park closures;
• political unrest or strikes;
• disease outbreaks;
• airline disruptions;
• natural disasters or acts of God;
• supplier failures; and
• other unforeseen operational circumstances.

Where reasonably possible, the Operator must offer alternative arrangements. Additional costs, supplier charges or price differences may apply and are payable by the Customer unless agreed otherwise.

The Customer is responsible for obtaining comprehensive travel insurance suitable for safari travel, in respect of each Traveller, in force for the full duration of the Safari, including:

• medical cover (illness, injury, hospital treatment abroad);
• emergency evacuation cover;
• cancellation cover (pre-departure);
• interruption / curtailment cover (during the Safari); and
• personal liability cover.

At booking confirmation the Customer must declare, by mandatory tick-box, that the cover above is held. Some activities are classified as adventurous, including balloon safaris, walking safaris, climbing, quad-biking, horse-back safaris and mountain biking. Where the Booking includes one, the Customer must also hold adventure-activity cover and must confirm the same.

The declaration is a Customer attestation. Design My Safari does not request, review, verify or approve insurance certificates.

Safari parks and conservation areas require traveller details in order to issue entry permits and collect park fees.

The Customer must provide accurate information for each Traveller, which may include:

• full name;
• nationality;
• date of birth; and
• passport or national ID number.

These details may be shared with Operators, park authorities and conservation bodies solely for lawful park-entry and compliance purposes.

A failure to provide the required information may result in refusal of park entry or cancellation under the Operator Contract.

The Safari may include optional activities, for example a hot-air balloon safari, walking safari, night game drive or cultural visit, whether added through the Platform or arranged locally. Each activity is provided by the Operator or by a third-party activity provider. Activities are undertaken at the Customer’s own risk and are subject to the provider’s own terms, waivers and safety rules, which Travellers may be required to accept on the day.

Eligibility and safety requirements. Some activities carry eligibility and safety requirements set by the provider. The hot-air balloon safari requires each participating Traveller to be at least 7 years old, at least 1.2 metres in height, no more than 120 kg in weight, and not pregnant. The Customer must ensure each Traveller meets the stated requirements before booking. A provider may refuse participation on safety grounds to any Traveller who does not meet them; refund treatment in that case follows the cancellation policy in section 12.

Design My Safari holds no liability. Design My Safari is a facilitator only and is not the provider of any activity. Design My Safari accepts no liability for the provision, availability, safety, suitability or outcome of any activity, which is the sole responsibility of the Operator or the activity provider.

Adventure or higher-risk activities require appropriate travel and adventure-activity insurance for each participating Traveller (section 16).

Cancellation of an activity by the Operator or provider is dealt with in section 13, which may entitle the Customer to a full refund of the amount paid for that activity. Where the Customer cancels a pre-booked activity, the general cancellation policy in section 12 applies and the amount paid for the activity is non-refundable once the Booking is paid.

The Platform may provide messaging tools to facilitate communication between the Customer and the Operator.

Design My Safari:

• does not guarantee response times or the outcome of communications; and
• may restrict, moderate or monitor communications that are unlawful, abusive, misleading, fraudulent or in breach of Platform rules.

Design My Safari takes reasonable steps to monitor Operators’ compliance with their contractual obligations to Design My Safari.

Design My Safari may suspend or remove an Operator that fails to comply with the Operator Standards or applicable law.

After completion of a Safari, Design My Safari may request feedback relating to the Safari, including the Operator, guide, vehicle, accommodations and parks.

Feedback is used for quality evaluation and Platform improvement and does not constitute a guarantee or endorsement.

The Customer must not misuse the Platform, submit false or misleading information, interfere with Platform operations, or engage in unlawful or abusive behaviour.

The Customer must follow all reasonable safety instructions given by the Operator during the Safari, and is responsible for their own conduct, the conduct of any Traveller covered by the Booking, and any minor in their care, during the Safari.

The Customer must indemnify and hold harmless Design My Safari against claims, damages, liabilities, costs or expenses arising from the Customer’s unlawful acts, negligence or breach of these Terms.

Design My Safari may suspend or terminate access for a breach of these Terms.

22.1 On-safari issues

The Customer must raise any issue arising during the Safari with the Operator’s guide or local representative at the earliest opportunity, so that the Operator has a reasonable opportunity to remedy it while the Safari is in progress. The Operator is the Customer’s primary point of contact under the Operator Contract.

22.2 Formal complaints

The Customer must send a formal complaint to the Operator, at the contact details set out in the populated Operator Contract, within 30 days of the end of the Safari. The Operator must acknowledge receipt within 7 days and respond substantively within 28 days.

A complaint about the booking process or the Platform may be sent to Design My Safari at [email protected], quoting the Booking Reference.

22.3 Platform facilitation

Design My Safari may, at its discretion, facilitate communication between the Customer and the Operator, but is not a party to the Operator Contract, is not responsible for the performance of Safari Services, and has no obligation to resolve complaints under that contract.

Mandatory consumer-protection law may apply depending on the Customer’s country of residence.

23.1 Customer risk acknowledgement

The Customer acknowledges that safari travel involves inherent risks, including but not limited to wildlife encounters, remote locations, road and track conditions, weather disruption, vehicle breakdown, medical limitations, communications limitations and delays outside the reasonable control of Design My Safari or the Operator.

23.2 Limitation of liability of Design My Safari

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded by law.

To the maximum extent permitted by applicable law, Design My Safari is not liable for losses, injuries, damages, delays, accidents or claims arising from Safari Services provided by independent Operators, except where caused directly by the negligence or wilful misconduct of Design My Safari.

Without limiting the above, and to the fullest extent permitted by law, Design My Safari is not liable for:

• acts or omissions of Operators, their guides, drivers, vehicles, staff or subcontractors;
• inaccurate accommodation or safari information supplied by an Operator;
• changes in availability or pricing; or
• events beyond its reasonable control (see section 15).

Where liability cannot be excluded, it is limited to the amounts paid by the Customer to Design My Safari, excluding amounts paid for or onward-paid to the Operator, unless mandatory law provides otherwise.

23.3 Liability of the Operator

Nothing in these Terms limits the Operator’s liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded under applicable law.

Subject to the paragraph above, the Operator’s total liability under or in connection with the Booking is limited to the total price paid by the Customer for the Safari Services.

The Operator is not liable for loss or damage caused by a force-majeure event (section 15), by the conduct of the Customer or another Traveller, or by a third-party act outside the Operator’s reasonable control.

Personal data of Travellers, including the identification details required for park entry, is shared with the Operator through the Platform for the purpose of delivering the Safari Services.

The Operator must process personal data in accordance with applicable data-protection law and must maintain its own published privacy notice setting out how it handles Traveller personal data. A copy must be made available to the Customer on request. The Operator must not use personal data received under these Terms for any purpose unrelated to the Safari without the Customer’s consent.

Design My Safari’s processing of personal data is governed by the Privacy Policy, which is separate from these Terms. Questions about personal data, and requests to exercise data-protection rights, may be sent to [email protected].

All Platform content and software are owned by or licensed to Design My Safari.

The Customer grants Design My Safari a licence to use any content the Customer submits, for Platform operation, moderation and improvement.

A notice may be given by email to the contact addresses set out in the populated Operator Contract, or through the Platform’s messaging tools.

A notice is treated as received on the next business day in the recipient’s location after it is sent.

Design My Safari may update these Terms from time to time. Material changes must be notified in advance where required by law.

Each version of these Terms carries a version number and date, shown at the head of this document. A Booking is governed by the version in force at the moment the Customer accepted it, which is named in the Operator Contract issued for that Booking. Design My Safari archives an unaltered copy of each version and attaches it to the booking record; a later change to these Terms does not alter a Booking already confirmed. A copy of the archived version is available to the Customer or the Operator on request.

These Terms, and the Customer’s relationship with Design My Safari under them, are governed by Dutch law. Disputes must be submitted to the competent courts of Amsterdam, unless mandatory consumer law provides otherwise.

The Operator Contract between the Customer and the Operator is governed by the law of the United Republic of Tanzania, being the place where the Safari Services are delivered, and the parties submit to the non-exclusive jurisdiction of the courts of Tanzania for any dispute arising under that contract.

Where the Customer is a consumer habitually resident in another country, this section does not deprive the Customer of the protection of the mandatory consumer-protection law of their country of residence.

29.1 Entire agreement

These Terms, together with the Itinerary, the Traveller list and the price breakdown shown in the booking record at the moment of acceptance, and the Operator Contract, constitute the entire agreement between the Customer and the Operator in respect of the Safari Services.

29.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.

29.3 No third-party rights

Other than the Customer and the Operator, no person has any right to enforce any term of the Operator Contract arising under these Terms. For the avoidance of doubt, Design My Safari is not a party to that contract and accepts no obligation under it, except where mandatory law requires otherwise in its capacity as an intermediary.

29.4 Assignment

Neither party may assign or transfer the Operator Contract without the other’s written consent, except that the Operator may sub-contract delivery of specific elements of the Safari, such as accommodation suppliers or activity providers, provided that the Operator remains responsible to the Customer.

29.5 Waiver

A failure or delay by either party in exercising a right under these Terms does not operate as a waiver of that right, and no single or partial exercise of a right prevents any further exercise of it.