By joining, or each time you access and use the Services, you signify that you have read and understood, and agree to be bound by, these Terms. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you do not agree to these terms, you are not permitted to use the Services. These Terms have the same force and effect as an agreement in writing.

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us via our email at info@silversparkafrica.com. If we have to contact you or give you notice in writing, we will do so by the email address you provide to us.

How to book:

1. You can reserve your trip by contacting Silver Spark Africa Safaris Limited directly at the address or phone number indicated above, or you can book a trip through your travel agent. Silver Spark Africa Safaris Limited will confirm your reservation by issuing a confirmation number, which indicates our acceptance of your reservation.

2. At the time of reserving your trip, a 20%  initial deposit is required. The balance must be paid at least 10-days prior to the scheduled departure date of the trip. If the balance is not paid within this time, Silver Spark Africa Safaris Limited reserves the right to cancel your booking without further notice to you. Bookings made within 10-days of the departure date must be paid in full at the time of the booking. If you require special arrangements, please contact Silver Spark Africa Safaris Limited directly. Any special payment arrangements must be approved by Silver Spark Africa Safaris Limited in advance.

3. If you wish to cancel your trip, you must notify Silver Spark Africa Safaris Limited directly in writing. Any cancellation will be accepted as of the date of receipt by Silver Spark Africa Safaris Limited of your written notification.

Cancellation by client:

4. The following time frames govern Silver Spark Africa Safaris Limited  obligation to refund any payments made by you for the safari trips:

5. If you cancel your booking less than 20-days prior to departure, Silver Spark Africa Safaris Limited will make every reasonable effort to re-sell your booking. However, Silver Spark Africa Safaris Limited is under no obligation to take any extraordinary measures to try to fill your spot on the trip. You may, at your own expense, try to sell the booking yourself. In such a situation, Silver Spark Africa Safaris Limited will accept a transfer of your reservation subject to the following additional conditions:

•    you must notify Silver Spark Africa Safaris Limited no later than 21-days prior to the departure date of the transfer of your reservation;

•    the transferee must accept these Terms and Conditions

•    you remain responsible for any outstanding payment obligations

•    you are responsible for any additional payments that must be incurred by Silver Spark Africa Safaris Limited as a result of the transfer of your reservation

•    the transferee is responsible for making any other arrangements necessary for their participation in the trip, including, but not limited to, obtaining any necessary travel authorizations or visas

•    under no circumstances will Silver Spark Africa Safaris Limited be responsible for any problems caused as a result of the transfer of your reservation, including, but not limited to, disruptions in travel, payment arrangements made between you and the transferee, failure of the transferee to obtain any necessary travel documents.

Alteration by Silver Spark Africa Safaris Limited.

6. Silver Spark Africa Safaris Limited makes arrangements for these trips many months in advance. As a result, Silver Spark Africa Safaris Limited must reserve the right to make alterations to the trip, both before and after booking (and in some cases, while actually on the trip). Most of these changes will be minor, and, in all cases, you will be advised at the earliest opportunity. If a significant change occurs, you will have the choice of either accepting the change, purchasing another trip from Silver Spark Africa Safaris Limited (if this involves a difference in price, you are responsible to pay any increase and Silver Spark Africa Safaris Limited will refund any decrease), or canceling your trip and receiving a full refund. A change in flight time, carrier, type of aircraft, or destination airport will not constitute a “significant” change. If a minor change occurs within 20-days of the departure date and results in additional expenses to you, Silver Spark Africa Safaris Limited will compensate you for any such reasonable expenses up to $30 per person. To claim such compensation, you must submit to Silver Spark Africa Safaris Limited receipts for such expenses within 7-days of the conclusion of your trip. No refunds or compensation will be payable for minor changes, and no claim for compensation or expenses will be accepted.

7. Sometimes changes to the trip may be caused by forces completely beyond Silver Spark Africa Safaris Limited’s control. Silver Spark Africa Safaris Limited does not accept responsibility for delays or cancellations caused by war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, technical problems with transport, closure or congestion of airports or ports, adverse weather conditions, acts of God, and similar events beyond Silver Spark Africa Safaris Limited’s control.

Cancellation by Silver Spark Africa Safaris Limited.

8. We reserve the right to cancel your trip under any circumstances. However, in no cases will we cancel a trip less than 14-days prior to departure except for reasons outside our control, including, but not limited to, reasons such as those described in paragraph 7 above, your failure to pay all amounts due as detailed in these Terms and Conditions, or any other failure by you to comply with these Terms and Conditions. Silver Spark Africa Safaris Limited further reserves the right to cancel any trip within 14-days of the departure date if an insufficient number of people have booked your chosen trip, or if cancellations by other participants cannot be re-booked, thereby causing an insufficient number of people on the trip. Where we are forced to cancel a trip, except in the case of failure to pay all amounts owed, you may choose to accept a full refund or transfer your reservation to another trip offered by Silver Spark Africa Safaris Limited. In the event you choose to participate in another trip, you will be required to pay any difference in purchase price (if the amount of the second trip is greater than the first) or Silver Spark Africa Safaris Limited will refund any difference in price (if the cost of the second trip is less). All other Terms and Conditions will remain the same with regard to a new trip reservation. In very unusual situations, Silver Spark Africa Safaris Limited may be forced to cancel a trip after the departure date for reasons beyond our control as detailed in paragraph 7 above. In such situations, there can, unfortunately, be no refunds or compensation of any amount.

9. The prices of trips are subject to change. As a condition of your reservation, you agree to pay any change in the cost of the trip that is beyond Silver Spark Africa Safaris Limited’s control, up to 10% of the original price quoted to you. Any increase in the cost of a trip beyond 10% of the original price quoted to you will constitute a “substantial change” in the terms of the trip, thereby entitling you to those rights detailed in paragraph 6 above. If you choose to continue with the trip booked, you will be responsible for the increase in cost. Any such increase in cost payable by you must be paid within 14-days of notification to you of the increase but in no event less than 10-days prior to the departure date. Examples of increased costs beyond the control of Silver Spark Africa Safaris Limited include but is not limited to, currency devaluations, and increased costs of third-party providers of services such as transportation and taxes.

Safety:

10. Silver Spark Africa Safaris Limited takes every precaution to ensure the safety of all participants. However, by undertaking a trip with Silver Spark Africa Safaris Limited, you are assuming the risk of any injury, including death. To help in minimizing the risks to all involved, you are required to follow all instructions of Silver Spark Africa Safaris Limited employees and agents. Failure to follow any instructions or recommendations is at your own risk. Silver Spark Africa Safaris Limited, its employees, and agents cannot be held responsible for any injury caused to you, or by you to others, resulting from your failure to follow an instruction(s) or recommendation(s). If your failure to follow any instruction(s) or recommendation(s) causes an increase in risk or threatens the safety and enjoyment of others on the trip, Silver Spark Africa Safaris Limited reserves the right to take all reasonable steps to ensure the safety of the other participants, up to and including, immediate termination of your participation in the trip.

11. The activities you will be engaged in do often require a reasonable level of physical fitness and agility. Silver Spark Africa Safaris Limited reserves the right to reject your booking if your physical condition poses a potential threat to the safety of yourself or other participants. If you are unsure of your ability to participate, you should contact Silver Spark Africa Safaris Limited and/or speak with a physician prior to booking a trip. If you have already booked a trip and are subsequently unable to participate because of your physical condition, any change or cancellation to your trip is subject to the provisions otherwise detailed in these Terms and Conditions. Your failure to clear your ability to participate in the trip with Silver Spark Africa Safaris Limited, as detailed herein, and our subsequent determination that your condition poses a significant safety risk, shall not constitute a “substantial change” as defined in paragraph 6. If you require medications, you should ensure you take enough with you to last the trip. Any medication you take with you is your responsibility.

• Our performance of all the agreements is subject to existing laws and legal processes, nothing contained in the Agreement limits our right to comply with law enforcement or other governments to your use of this website or information provided to or gathered by us concerning such use.
• To use our services or access certain features of the Services, including receiving our daily blog, you will need to become a Silver Spark Africa member by creating an account.
• As a member of Silver Spark Africa Safaris, you agree and understand that Silver Spark Africa Safaris may email you updates about their new package, including usage of site updates. These emails may contain advertising information and the pricing of our itinerary.
• Currency rates are based on various publicly available sources and should be used as guidelines. Rates are verified as accurate, and actual rates may vary depending on our client test and preference.
• On the indemnification, you agree to defend and indemnify Silver Spark Africa and its marketing affiliates and any of their representative against any claims, causes of action, recoveries, penalties, or other costs of any kind including but not limited to reasonable legal and accounting fees, brought by any second parties.
• On the refund, upon cancellation of the trip either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Your Responsibilities

You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Services. When you register with us and each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Notice and that you have no ownership or proprietary interest in your account other than as set out in these Terms. If you elect to register with us, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.

If any information you provide is or becomes untrue, inaccurate, or incomplete, we have the right to terminate your access to and use of your account and the Services.

Membership and Participation on the Sites

You must be thirteen (13) years of age or older to participate in any activities or services offered on our Sites and/or be a member and receive membership benefits, and you must be eighteen (18) years of age or older to participate in our A-List Invitations and other certain specified engagements. You may not have to be a member to participate in certain contests, sweepstakes and/or special events; however, you must meet the designated minimum age requirements (for example, twenty-one (21) years of age or older) for the specific event.

Registration with the Sites is required in order to access certain services, including, without limitation, booking of packages.

You may be required to select a password and member name for membership registration. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold the Sites, their parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your membership, personal contact and email information. 

Copyright Infringement and Trademark Rights

We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminate in appropriate circumstances the account of any user who uses the Services in violation of copyright law.

Termination

We may terminate your membership or suspend your access to all or part of the Services, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any other user of the Services, or any third party. You agree that Silver Spark Africa Safaris Limited shall not be liable to you or any third party for removing your user submissions or suspending or terminating your access to the Services (or any portion thereof).

You may discontinue your participation in and access to the Services at any time. We reserve the right to investigate your use of the Services in the event we, in our sole and absolute discretion, believe you have violated these Terms. Upon termination, we have no obligation to retain, store, or provide you with any data, information or other content that you uploaded, stored or transferred on or through the Services.

You can request to disable your account at any time, for any reason, by emailing us at info@silversparkafrica.com with the subject “Close My Account”. Please provide as much information as you can about your account, so we may identify the account and you correctly. If we do not receive sufficient information, we will be unable to disable or delete your account.

Modifications To Terms

We may, in our sole and absolute discretion, change these Terms from time to time. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you at the address you provided upon registering for an account. If you object to any such changes, your sole recourse shall be to stop using the Services. Your continued use of the Services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Modifications To the Services

We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. The Internet site is provided over the Internet and so the quality and availability of the site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Sites or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should Silver Spark Africa Safaris Ltd exercise its right to modify, suspend or discontinue the Services.

Password, Security, and Confidentiality.

You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password.

You agree to immediately change your password and notify us if you suspect or become aware of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password or someone else’s use of your account.

Information obtained by you via your account and information disclosed directly to you by us (“Confidential Information”) shall be kept strictly confidential by you and used only for the purpose of interacting with and transacting on the platform and shall not be disclosed by you in whole or in part, directly or indirectly to any third party, provided that: (a) you may disclose such information to any of your employees, solicitors and other professional advisors (if appropriate) for the purpose of working with you in connection with your decision to use the Services, on the basis that you understand that you will be responsible for their use and handling of such information; and (b) Confidential Information shall not include information that: (i) was in your lawful possession before it was disclosed, without confidentiality restrictions; (ii) you obtain from a third party on an unrestricted basis other than through breach of these Terms or breach of any other obligation of confidentiality on you or the third party; (iii) is developed by you independently of us and any information received by you from us; or (iv) you are required to disclose in accordance with applicable law, provided that you give us as much advance written notice of such requirement as is reasonably practicable in the circumstances.

Email.

Email is an important communication method for our online visitors. The person in whose name the email account is registered should generate all emails sent to us. Email users shall not mask their identity by using a false name or another person’s name or account. We will use your email address and the content of any email for correspondence and visitor response purposes. Any non-personal information you provide to us by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and we assume no obligation to protect such non-personal information contained in the email from disclosure.

The submission of non-personal information to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas or the like by the Sites, their parents, affiliates, subsidiaries or operational providers for any purpose, and the Sites, their parents, affiliates, subsidiaries and operational providers shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction. Any personal information transmitted with an email, such as the sender’s name, email or home address, will be protected in accordance with the policies set forth in our Privacy Notice.

Mobile.

The Sites may offer mobile SMS /text message and mobile alerts updates as a text messaging/mobile email service. Please read these terms and conditions prior to using the service. By using the service, you agree to be legally bound by this Agreement and our Privacy Notice. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICE. Please note that to process your requests for this service, you may be charged a fee to send and receive messages based on the terms of your wireless service. Check your wireless service provider if you have questions about your service plan.

By signing up for the Services and providing us with your wireless number, you confirm that you want us to send you information regarding your account or transactions with us and that we think may be of interest to you, which may include using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from us.

Links.

We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.

We may also integrate with third parties who will interact with you under their terms of service. One such third party is YouTube and by using the Sites or Services, you agree to be bound by the YouTube Terms of Service.

Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO SILVER SPARK AFRICA SAFARIS NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

SILVER SPARK AFRICA SAFARIS LIMITED MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE SERVICES IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SERVICES OR THEIR UNAVAILABILITY. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

THE SERVICES AND INFORMATION ON THE SITES ARE PROVIDED “AS IS.” THE SITES DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITES OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Exclusions and Limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

Electronic Notices

You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via email if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive a delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.

Transfer of Rights

You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.

Conflicts

In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of us and you as reflected in the provision and that the other provisions of these Terms remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For users outside of the European Union Only. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.