TERMS OF SERVICE
Travel World Safaris LLC a limited liability company, incorporated under Georgia law, having its registered address at, provides an online ‘twsafaris.com’ platform that connects locals who wish to share their knowledge of and experience with specific travel destinations with visitors seeking to receive locals’ services related to visiting such destinations.
These terms and conditions (as amended from time to time, the “Terms”) govern the use of ‘showaround.com’ platform services (the “Services”) provided by Travel World Safaris LLC and access of such Services through the website www.twsafaris.com (the “Site”) or application for mobile devices (the “Application”).
Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application, or Services.
KEY DEFINITIONS AND INTERPRETATION
“Content” means text, graphics, images, music, software, audio, video, information, or other materials.
“Show-around” means services that a Local may provide to a Visitor in relation to a specific travel destination (e.g. picking up from the airport, showing the best bars and restaurants in town, sightseeing, or visiting non-touristic places, etc.). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide Show-around services as Locals on the SafariByLocals platform.
“Safaris fees” means an amount due and payable by a Visitor for the tours.
“Local” means a User – a natural person who creates the Profile via the Site, Application and provides the Show-around services.
“User” means an individual who completes TWSAFARIS.com account registration process, including but not limited to Locals and Visitors.
“User Content” means all Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Site, Application, or Services.
“Visitor” means a User who requests from a Local a booking of the Show-around via the Site, Application, or Services.
“you”, “your” and “yours” means you are a User of the Site or Application.
“we”, “us” and “our” are references to Travel World Safaris LLC.
INTERPRETATION OF TRAVEL WORLD SAFARIS HOST
On Travel World Safaris LLC, a ‘host’ is a broad definition of a person who resides in a certain location and wishes to share his personal local experience with travelers he meets on our platform so that they could become acquainted with the area from the perspective of a local. Travel World Safaris LLC local hosts must meet all legal requirements to give tours in their area. In some cases, and in some locations, a specific license must be obtained from an appropriate authority. However, if a Travel World Safaris LLC host is simply accompanying travelers, offers practical advice, or shares his experience about ‘best bars and restaurants’, ‘non-touristic spots’, ‘shopping areas’ etc. he may just be a passionate local person without any formal training in tour organizing.
SERVICES
Description of the Services
Travel World Safaris LLC makes available an online platform for the Locals to sell their tours and expertise and for Visitors to buy their tours and services.
By using the Site or Application, the Locals may create profiles (the “Profiles”) that provide information about their knowledge of and experience with a specific travel destination and may make themselves available to offer the Show-around to the Visitors. Based on the Profiles, the Visitors may select the Locals to provide the tours.
ROLE AND RESPONSIBILITIES OF TRAVEL WORLD SAFARIS
Travel World Safaris LLC is not a tour operator nor it is a travel agent. Travel World Safaris LLC does not provide tours or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Locals and Visitors in arranging for tours and (ii) processing payment transactions between the Locals and Visitors, when the latter book the tour. With reference to the above, you understand and agree that Travel World Safaris LLC is not a party to any agreement between the Local and Visitor in relation to the Tours. We also partner with other platforms where you can buy their services like booking hotel rooms and etc.
INTELLECTUAL PROPERTY
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of Travel World Safaris LLC and is protected by copyright laws, patent and trademark laws, and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.
Subject to your compliance with these Terms, Travel World Safaris LLC Limited grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.
NETWORK ACCESS
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service providers).
YOUR USE OF THE SERVICES
User Accounts
To use all the Services available (including creating a Profile or booking a tour), you must create a Travel World Safaris LLC account either by direct sign-up via the Site or Application or by the usage of another signup feature made available by Travel World Safaris LLC. Any sign-up is subject to you providing the true, accurate, and complete personal information (the “Registration Data”) as prompted by the relevant signup feature (our Privacy Policy governs the collection and use of personal information). You undertake to keep your Registration Data accurate and current and thus update your Registration Data when relevant.
You are responsible for any actions that take place while using your Travel World Safaris LLC account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Travel World Safaris LLC is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
Age Restrictions
The Site, Application, and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application, or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application, or Services you represent and warrant that you are 18 or older.
Requirements for the Locals, Profiles, and Tours
If you are Visitor, you understand and agree that a Local is not an individual involved in professional travel activities. A Local is not always a licensed and/or qualified tour guide. He or she is a person, who resides and has knowledge of a certain area and wishes to share it with the Visitors so that they become acquainted with the area from the perspective of a Local.
As a Local, you may create a Profile where you can showcase a range of original local tours as well as personal information you wish to share with visitors about you and your area. The Profile will be made publicly available via the Services, and Visitors will be able to book the tour via the Site, Application, and Services based on the information provided in your Profile. Visitors will also be able to provide feedback on your tour and rate you as a Local. We will monitor all feedback obtained from Visitors prior to publishing any reviews on your Profile, however, we cannot be held liable for any derogatory or negative feedback received from Visitors.
If you are Local, you represent and warrant that your Profile and tours (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules, and regulations that may apply, and (iii) will not conflict with the rights of third parties.
Please also note that any tours offered by a Local must comply with the following requirements: (i) the tour has to be delivered personally by the Local who confirmed the booking, (ii) the Visitor may not be joined to the tour booked by or delivered to other Visitors, (iii) the number of the tours that the Local may deliver per day is limited to one.
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. Travel World Safaris LLC assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users and conduct any necessary investigation before meeting another person. Travel World Safaris LLC is under no obligation to become involved in any disputes between Users but may do so at its own discretion.
For communications about bookings, all Users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to the tours. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.
Sharing your contact details, such as your phone numbers, emails, and links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your tour details only. Contact details of both parties will be automatically released after the booking is confirmed via our payment system. In case you bypass the Travel World Safaris LLC platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies, and a trustful reputation through our review system. Any attempts to exchange contacts before booking or executing transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on our platform can be reviewed by our staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.
You agree not to use the Services (i) to post or transmit any material which is or may be infringing on the intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy, or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Show-around, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organization or belief.
When using the Site, Application, and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorized access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
User Content
You are solely responsible for all User Content that you upload, post, publish or display or email, or otherwise use via the Services.
All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to Travel World Safaris LLC a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Travel World Safaris LLC chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
Booking.
The Site lists many Tours uploaded by different Guides, each Tour containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”). You may send a message to the Guide with any inquiry about a certain Tour or to request a customized Tour. You may also choose to make a booking request to a Guide for a particular Tour by clicking the “Book Now” button, or any other button as may be modified. All Tours are invitations to You to make an offer to a Guide, except for the last-minute bookings (“Instant Bookings”) which may be booked automatically without a Guide’s acceptance. Once the Guide accepts and confirms your booking request, there is a binding contract between You and the Guide. The Guides are free to accept or reject your booking requests.
You shall review the Tour Terms before making a booking request to a Guide. Once your booking request is accepted by the Guide, You will be bound by the Tour Terms. These Terms and Conditions will prevail over the Tour Terms with respect to your relationship with Travel World Safaris LLC.
You understand and agree that due to the ongoing disruptions related to the Covid-19 pandemic the Tours itineraries may be subject to changes that are out of the control of the Guide. You agree that only changes that substantially impact the Tour itinerary will entitle You to cancel such Tour without cost.
PAYMENT
All the Guides set up their own Tour prices, which fully compensate the Guides for their services. The Guides may change the Tour prices without prior notice until a booking has been made. Tour Prices include all taxes.
You will ensure that any and all payments to the Guides are processed through the Site, or such other means as Travel World Safaris LLC may determine.
You will make payment of bookings by credit card or another form of payment available through the Site. We do not store credit card information. Travel World Safaris LLC uses a third-party service to process your payment information for all transactions made through Travel World Safaris LLC. You authorize Travel World Safaris LLC and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third-party services and will apply to the payments You make through their system.
Each Tour is displayed in its default currency. You may choose to pay for a Tour in other currencies available on the Site. You may select another currency when You search for Tours or make a booking request. Once You book a Tour, the Tour Price is fixed in such currency, even if exchange rates fluctuate between the time You book and the time You take your Tour. The exchange rates that the Site uses to convert Tour prices are set based on currency information services companies, such as Oanda.com, plus a Travel World Safaris LLC commission. Your bank or credit card company may apply different commissions and charges when selecting a currency other than your local currency.
CANCELLATION POLICY
You agree with the terms of the Cancellation Policy and understand that any cancellation by You or by a Guide, and any related refund, will be processed in accordance with the Cancellation Policy in force at the time of your booking.
Travel World Safaris LLC may cancel any booking, in its sole discretion, if We believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to Travel World Safaris LLC, or if the Guide’s Account is canceled or suspended. We will reimburse and/or refund You and/or the Guide in accordance with the reasons for cancellation and with the Cancellation Policy. We will share the contact details between You and the Guide if the Guide’s Account is canceled and You may choose to continue with your booking outside our Site.
Refunds will be sent back to the original payment method used in making the booking. Depending on the bank’s processing time, it can take 10 business days for the refunds to reflect in your bank account or card balance.
Travel World Safaris LLC and the Guides are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights, and/or loss of enjoyment.
RULES OF THE SITE
You agree to the following provisions:
(a) Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Also, You may not use the Site to engage in harassing, stalking, or any other inappropriate conduct.
(b) Contact Details. You agree not to give any personal contact details including full name, phone number, email, and/or social networks to the Guides before they accept a booking request.
(c) Communication with the Guides. You agree that all communications with the Guides and prior to the Tour will occur through the Site. Travel World Safaris LLC also handles customer service through telephone and email. Travel World Safaris LLC reserves the right to monitor communications between You and the Guides and review and edit those communications in case they do not comply with these Terms and Conditions (like containing contact details or including offensive language). You are solely responsible for, and shall exercise caution and judgment, in using the Site and disclosing personal information to the Guides.
(d) Communication with Us. You agree that Travel World Safaris LLC and the Guides may contact You via email, text messages, calls, and automated calls, to the phone number and email addresses You provide in your Traveler’s Account or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings.
(e) Guides’ Information. You agree that You will not use the Guide’s information for any purpose other than to participate in a Tour or in connection to other services contracted through the Site.
(f) Customer Disputes. You agree to work in good faith with Travel World Safaris LLC to address any customer disputes or complaints. If there are any issues that cannot be resolved directly with the Guide, You may contact Travel World Safaris LLC and we will attempt to help resolve the issue. We do not control the performance of the Guides or their services and We do not guarantee to be able to resolve any given dispute.
(g) Purchase of Goods During a Tour. You should exercise caution if you purchase any goods during a Tour. Travel World Safaris LLC does not design any Tour, is not aware of any goods available for purchase during a Tour, and does not make any claims about the quality, source, or other provenance of any goods which may be available for purchase during a Tour.
(h) Unauthorized Access to the Site: You will not use the Site and/or Services in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering or access areas of the Site which You are not authorized to access.
(i) Surveys. You agree that by submitting any ideas, suggestions, and opinions (“Opinions”) to Us through our surveys and any other alternative means You represent and warrant that you have all rights necessary to submit your Opinions and You hereby grant to Travel World Safaris LLC a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with Travel World Safaris’ business, without your prior approval and notification. This license shall survive termination of your Traveler’s Account on the Site.
(j) Links to other websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that You read and get familiarized with the terms and conditions of such websites.
Independent Contractor Relationship.
You understand, acknowledge, and agree that all the Guides are independent contractors and not employees, agents, joint ventures, or partners of Travel World Safaris LLC and that the Guides act exclusively on their behalf and for their own benefit, and not on behalf, or for the benefit, of Travel World Safaris LLC.
You hereby understand and expressly agree that Travel World Safaris LLC does not direct or control the Guides generally or in their performance during the Tours, including, but not limited to, quality, timing, legality, or any other aspect whatsoever of the services actually delivered by the Guides, nor the integrity, responsibility or any of the actions whatsoever of the Guides. All Tours are uploaded and published by the Guides without any prior control and/or verification from Travel World Safaris LLC.
The Guides, and not Travel World Safaris LLC, are responsible for determining, understanding, and complying with all laws, rules, and regulations that apply to their activity and to the Tours provided to You.
Acceptance of Risk and Waiver of Liability.
We urge You to obtain suitable medical insurance prior to booking a Tour.
You acknowledge that all travel involves an element of risk. Also, some Tours may be adventurous in nature and may involve a significant amount of personal risk. We encourage You to ask the Guides for information and fully educate yourself about any risks, skills, and level of fitness inherent to the Tour.
Also, We strongly encourage You to search for information about your destination to determine the level of risk when traveling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.
You hereby assume all such risk and You, your estate, your family, heirs, and assigns hereby agree to release and hold harmless Travel World Safaris LLC, its parent, subsidiaries, affiliates, directors, and employees (“Travel World Safaris Group”) from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour.
DISCLAIMER
THE TRAVEL WORLD SAFARIS GROUP DOES NOT PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ANY GUIDED TOUR. THE GUIDES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE Travel World Safaris GROUP. THE Travel World Safaris GROUP DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR, AND THE GUIDE IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) THE PERFORMANCE OF THE GUIDE OR FAILURE TO PERFORM THE TOUR AND/OR THE GUIDE’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY THE GUIDE, (V) THE GUIDE’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE GUIDE OR ANY OTHER PARTY. THE SAFARIBYLOCALS GROUP’S RESPONSIBILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TOURS AND OTHER ANCILLARY SERVICES THROUGH THE SITE.
ALTHOUGH WE PERFORM CERTAIN LIMITED SCREENINGS ON THE GUIDES, WE DO NOT GUARANTEE THE EFFICACY AND/OR ACCURACY OF SUCH PROCESS AND, THEREFORE, WE DO NOT GUARANTEE THE RELIABILITY OF THE GUIDES. ALSO, WE MAY NOT CONDUCT IDENTITY VERIFICATIONS AND WE ARE NOT RESPONSIBLE FOR THE IDENTITY VERIFICATION OF ANY USERS OF THE SITE, INCLUDING THE GUIDES.
DUE TO THE NATURE OF Travel World Safaris LLC SERVICES, Travel World Safaris LLC DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Travel World Safaris LLC DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, SAFARIBYLOCALS MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY FOR VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED, OR ENHANCED FUNCTIONING OF THE SITE.
15. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THE Travel World Safaris GROUP SHALL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.
IN NO EVENT SHALL THE Travel World Safaris GROUP’S LIABILITY TO YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU FOR A PARTICULAR BOOKING WITH RESPECT TO WHICH SUCH LIABILITY RELATES, PLUS A 25%, OR IN THE CASE OF ANY LIABILITY NOT RELATED TO A PARTICULAR BOOKING THE TOTAL AMOUNT PAID BY YOU IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, PLUS A 25%, OR FIVE HUNDRED U.S. DOLLARS (US$500), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
16. Your Liability and Indemnification.
You agree to defend, indemnify, and hold harmless the Travel World Safaris LLC Group from all liabilities, claims, losses, and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with (i) your use of the Site and/or the Services and/or your participation in a Tour, including any damages, whether to persons or property, or death to any person, (ii) your Reviews, and (iii) any violation by You of these Terms and Conditions, including any infringement of any rights of third parties. The Travel World Safaris LLC Group reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with the Travel World Safaris LLC Group in asserting any available defenses.
17. Intellectual Property.
The Site is protected by copyright, trademark, and/or other laws. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of Travel World Safaris LLC.
You acknowledge and agree that the Site and all its components, texts, graphics, data, designs, look and feel, photographs, sounds, images, software, videos, and other content, including all associated intellectual property rights (“Proprietary Material”), are the exclusive property of Travel World Safaris LLC and/or its licensors or authorizing third-parties, and is protected in all forms, media, and technologies. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of Travel World Safaris LLC.
18. Force Majeure.
We shall be relieved from liability for partial or complete failure to fulfill obligations under these Terms and Conditions due to force majeure circumstances. In case of force majeure, We shall notify You of the commencement and cessation of circumstances preventing Us from fulfilling our obligations.
19. Amendments to the Terms.
Travel World Safaris LLC may modify these Terms and Conditions from time to time at its sole discretion. If we make changes to these Terms and Conditions, we will post the updated Terms and Conditions on the Site. If You continue accessing the Site and using the Services, then You are deemed to have accepted the amended Terms and Conditions. If You do not agree to the amended Terms and Conditions, You will terminate these Terms and Conditions before the date they become effective, and will stop accessing the Site and using our Services.
20. Term and Termination.
These Terms and Conditions will become effective immediately upon your use of the Site and/or our Services and shall remain effective unless terminated by either party as provided hereunder.
You may terminate these Terms and Conditions at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If You terminate these Terms and Conditions, your account will be automatically canceled, all bookings from You will be canceled and any refund and/or payment to the Guide will be made in accordance with the Cancellation Policy.
Travel World Safaris LLC may terminate these Terms and Conditions for convenience at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate these Terms and Conditions, We may cancel any of your bookings and refund You the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or cancel bookings.
Travel World Safaris LLC may, at its sole discretion and without notice, terminate these Terms and Conditions at any time, and/or cancel or limit your access to your account if You have materially breached any obligation under these Terms and Conditions.
When these Terms and Conditions have been terminated, You are not entitled to a restoration of your account and, if terminated by Travel World Safaris LLC, You shall not apply for a new account or access and use the Site through another account.
In the event of termination or expiration, the following sections shall survive Acceptance of Risk and Waiver of Liability, Disclaimer, Limitation of Liability; Your Responsibility and Indemnification, Term and Termination; and General Provisions.
21. General Provisions.
(a) Waiver. Failure by Travel World Safaris LLC to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
(b) Governing Law. The Services are provided by Travel World Safaris LLC., a Canadian corporation. These Terms and Conditions, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
(c) Entire Agreement. Except for any additional terms included in the Site – excluding the Tour Terms uploaded by the Guides -, these Terms and Conditions constitute the entire agreement between You and SafariByLocals with respect to the subject matter of these Terms and Conditions.
(d) Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.
(e) Successors. These Terms and Conditions shall be binding on You and Travel World Safaris LLC, and their successors and assigns.
(f) Notice. Any notice or other communication to be given hereunder will be in writing to the email info@twsafaris.com, and to You: at the address and email listed in your Traveler’s Account.
(g) Litigation Class Action Waiver. To the extent allowed by applicable law, You agree that any proceeding to litigate in court any dispute arising out of, or relating to, these Terms and Conditions, will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.
(h) Dispute resolution. You agree that You will attempt to resolve any and all disputes in the least onerous manner. If You and Travel World Safaris LLC are not able to resolve disputes by agreement, then You agree to first mediate any dispute between the Parties to be conducted in Georgia USA, with mediation fees divided equally between You and SafariByLocals. In the event that litigation is commenced by either You or Travel World Safaris LLC, You agree to submit to the exclusive jurisdiction of the courts of Georgia, USA. You agree not to file a complaint or other commencement of litigation more than six (6) months after the relevant dispute arose.
