Safara Terms of Service

Date of Last Revision: February 8, 2023

Welcome to www.safara.travel (the “Site”) offered by Safara Travel, Inc. (“Safara”, “us”). This document contains the terms and conditions for using the Site and Services (as defined in Section 3).

  1. AGREEMENT

This is a legal agreement between you and Safara Travel, Inc. (the “Agreement”). As used herein, “you” means a user of the Site and Services, and in addition, when the user of the Site is a limited liability company, corporation, partnership, or other organization (an “Entity”), the term “you” also includes such Entity. You should carefully read this Agreement, the Safara Privacy Policy (the “Privacy Policy”) and the Safara Cookies Policy (the “Cookies Policy”), both of which are incorporated into and made a part of this Agreement. By using the Site and Services, you agree to this Agreement. If you have entered into another agreement with Safara, then the terms of that agreement controls where it conflicts with this Agreement.

This Agreement not only governs your use of the Site and Services, but also governs the use of the Site or Services to any person, Entity, organization, or otherwise to which you provide access to use the Site or Services. If you do not wish to agree to be bound by this Agreement, you are not permitted to access the Site or Services. If you access the Site or use the Services, this Agreement will apply to you unless Safara otherwise agrees in writing that some or all of the terms of this Agreement will not apply to you.

  1. CHANGES TO THIS AGREEMENT

Safara reserves the right to change, modify, add to, supplement, or delete any of the terms and conditions of this Agreement (including the Privacy Policy and Cookies Policy, which are incorporated into this Agreement) at any time and from time to time. Safara will notify you in the event there is a material change to this Agreement, the Privacy Policy, or the Cookies Policy. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Site and Services.

  1. SERVICES; SUBSCRIPTION

3.1   Services.

Safara provides hotel booking services for high-frequency travelers on a (i) free user and (ii) subscription basis (the “Services”). Sections 3.2-3.7 refer to subscription users.

3.2   Subscription Fee.

Your subscription to the Safara Services (the “Subscription”) will automatically renew on an annual basis until terminated. To purchase the Subscription, you must provide Safara with a current and valid method of payment acceptable to Safara, as may be updated or supplemented from time to time (“Payment Method”).  You must cancel your Subscription before it renews in order to avoid payment toward the next billing cycle.

3.3   Billing.

The fee for the Subscription will be charged to your Payment Method on the date indicated in the billing section of your account page.  By providing us with Payment Method information, you authorize us to charge any Payment Method provided associated with your account. In the event your primary Payment Method is declined, Safara may charge any other Payment Method you provide. If Safara is unable to process payment for the Subscription due to expiration, insufficient funds, or otherwise and your Subscription is not otherwise canceled, Safara may suspend your access to the Services until we have successfully charged a valid Payment Method.

3.4   Subscription Price.

Safara reserves the right to adjust the pricing of the Subscription at any time as Safara may determine in its sole and exclusive discretion.  Unless otherwise provided in this Agreement, any changes to the price of the Subscription will occur following notice to you.

3.5   Free Trial.

Safara may offer some Subscriptions with a free trial, with eligibility to such free trial to be determined by Safara in its sole and exclusive discretion (the “Free Trial”). The duration and terms of the Free Trial are specific to the user and are specified at sign-up .

3.6   Cancellation.

You may choose to cancel your Subscription at any time. If you decide to cancel, your account will immediately terminate at the end of your current Subscription. You will lose access to your account after your Subscription is terminated.

3.7   Refunds.

Payments for the Subscription are nonrefundable nor are unused travel credits upon cancellation of a Subscription.

  1. ACCESS TO THE SITE AND SERVICES

4.1   Non-Exclusive; Non-Commercial Use.

Subject to your acceptance and compliance with this Agreement, Safara grants you a non-exclusive, non-transferable, revocable, and limited license to use the Site and Services for your personal non-commercial and private use.

4.2   Eligibility.

You may only use the Site or Services if you are allowed by law to enter into a binding contract in the jurisdiction in which you access the Site and you are in compliance with all applicable, federal, state, and local laws (and all regulations and rules thereunder). However, under no condition may you use the Site or Services if you are under the age of thirteen (13).

4.3   Passwords/Account.

You are responsible for all actions on the Site by you or under your account and for taking all reasonable steps to ensure that no unauthorized persons shall have access to your Site password or account. Without limiting the foregoing: (a) it is your sole responsibility to control the dissemination and use of any login code and password; (b) authorize, monitor, and control access to and use of your Site account and password; (c) promptly inform Safara of any need to deactivate a password; and (d) to update and keep current your contact information. You grant Safara and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the Site.

  1. PRICING AND LISTING VALIDITY

Prices for Services on the Site are displayed without sales tax and all other taxes and fees included unless stated differently on the Site. Any obvious errors and mistakes (including misprints) in a listing are not binding on Safara. Trip itineraries are indicative only and not guaranteed.

5.1   Price Match Guarantee

Safara will issue account credits for the difference between Safara’s rate and the publicly available rate on the hotel’s website (e.g. www.hotelname.com). We emphasize publicly available because we cannot match special deals or rates that may be offered as part of signing up for a hotel loyalty program or rates offered through private promo codes.

We do not match any 3rd party bookings sites, such as Expedia, Hotels.com, Orbitz, Travelocity, Booking, Priceline, Agoda, etc.

Price matching steps:

  1. complete the booking on Safara

  2. immediately email support@safara.travel with screenshots of the lower public rate

  3. if we can reproduce, we’ll deposit a credit into your account for the difference to use towards your next booking

  4. If you’d like to confirm the price match before booking, please feel free to email us pre-booking. However, the credit for the difference will still be deposited post-booking.

  5. SERVICE FEES

6.1   Payment; Refund.

Amounts paid to purchase the Services (the “Purchase Price”) are billed to the Payment Method at the time of purchase and are nonrefundable.

6.2   Inclusions.

Included with the Purchase Price are the following:

(a)    Access to curated hotel selection;

(b)    Hotel booking; and

(c)    Access to the Safara rewards program;

6.3   Exclusions.

The Purchase Price does not include the following:

(a)    Discounts or preferred hotel rates;

(b)    Other travel services; and

(c)    Advisory or concierge services.

  1. REFERRAL PROGRAM

7.1 How the program works

The Company may sometimes offer incentives for inviting others to the platform through a “Referral Program”. Any incentives or rewards for referring new customers are subject to the restrictions below and any applicable terms of the current referral program, or the sole discretion of the Company.

7.2 Restrictions

Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company. No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than Friends, i.e. individuals to whom you personally know. If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all credit associated with that account, cancel any existing reservations, and remove the User from the Safara Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. See more information here

7.3 Right to cancel, modify, or terminate

We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.

  1. CANCELLATION BY SAFARA

Safara reserves the right to cancel the Services for any reason by sending a written notice of cancellation to the contact information you provided. All accumulated membership credits will be forfeited immediately, and therefore, not transferred or reinstated for any reason.

  1. BOOKINGS

9.1 Booking Authorization

You authorize Safara to facilitate property reservations on your behalf for a total price inclusive of the room rate as displayed, plus taxes and services fees (where applicable). You authorize Safara to charge your credit card for the total reservation price upon submission of your reservation request.

9.2 Cancellations and Refunds

You agree that if you cancel or change a prepaid hotel reservation, you will pay any fees associated with that change/cancellation as stated in the booking policy details of the reservation. If there is any remaining refund due, it will be refunded to the original payment method (Safara account credits or credit card).

9.3 No Shows

If you do not check-in for the first night of your reservation but plan to stay for subsequent nights, you must notify Safara Travel, Inc. no later than the check-in date of the initial booking in order to prevent cancellation of your reservation.

  1. CREDITS

10.1 Promotional Credits

Promotional credits are periodically offered with the use of specific promo codes. Promo credits expire after 90 days and may only be redeemed one time per user. A user may not redeem more than one promo code per account, and a user may not create multiple accounts in order to redeem promotional credits more than once.

10.2 Earned Credits

Earned credits are account credits offered in exchange for an action on the member’s end (ex. referral credits, 10% credit back on Safara bookings). These credits are valid for 2 years and can be used at any property, any time - there are no blackout dates or redemption restrictions.

  1. ELECTRONIC COMMUNICATIONS

11.1 Email

By providing your email address to Safara, you agree to receive promotional, service, and transactional emails. You can unsubscribe from promotional emails at any time by using the “Unsubscribe” link in the email footer. Unsubscribing from promotional emails will NOT unsubscribe you from service or transactional emails (including, but not limited to, password reset emails, booking confirmation emails, trip reminder emails, etc.).

11.2 SMS

By providing your mobile phone number to Safara, you agree to receive promotional, service, and transactional SMS communications. You can unsubscribe from promotional texts at any time by replying “Stop”. Unsubscribing from promotional texts will NOT unsubscribe you from service or transactional texts (including, but not limited to, multi factor authentication (MFA), password resets, booking confirmations, trip reminders, etc.). Message and data rates may apply to any messages sent to/from Safara.

11.3 Phone

By providing your phone number, you agree to receive phone calls in the situation of an urgent service update (including, but not limited to, hotel relocations, etc.)

  1. INTELLECTUAL PROPERTY

Unless otherwise specified in writing, all materials that are part of the Site or Services, including, without limitation, content on editorial.safara.travel, are owned, controlled, or licensed by Safara and its licensors and are protected by law from unauthorized use. The entire contents of the Site (including, without limitation, all visual content, audio visual content, text, and the arrangement, sequence, structure, and organization of the Site) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. “Safara” and Safara logos are trademarks of Safara and may not be used without the express written permission of Safara. You do not acquire any ownership rights by using the Site or Services or downloading any materials therein.

  1. OBJECTIONABLE CONTENT/COPYRIGHT TAKEDOWN

In appropriate circumstances, at its sole discretion, Safara may remove or disable access to materials, postings, or contents on the Site which are properly reported as, unlawful, illegal, infringing upon the intellectual property (including copyright) or other property rights of others, or may be abusive, or otherwise inappropriate.

Similarly, Safara may also, in its sole discretion, where properly reported, remove or disable links or references to an online location that are reportedly unlawful, illegal, infringing upon the intellectual property (including copyright) or other property rights of others, or may be abusive, or otherwise inappropriate.

If you believe that your rights have been violated by any unlawful, illegal, infringing upon the intellectual property (including copyright) or other property rights of others, abusive, or otherwise inappropriate postings, activities, links, or references on the Site, please notify Safara by written notice or by email to the following address hello@safara.travel so we can evaluate the claim and take appropriate action. In the notice, please provide a link to the potentially infringing material, the infringement complained, and an email address to contact you.

  1. DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY

14.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES TO TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, NEITHER SAFARA NOR ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE OR SERVICES (COLLECTIVELY, THE “SAFARA PARTIES”) WARRANT THAT THE SITE AND SERVICES, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SITE OR SERVICES, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, CURRENT, TIMELY, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS

14.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SAFARA PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, WHETHER OR NOT THE SAFARA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE SAFARA PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOU HAVE PAID SAFARA IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED AND ZERO/100 U.S. DOLLARS ($100.00).

14.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

  1. YOU AGREE TO PROTECT US

Subject to this Agreement, you will defend, indemnify, and hold harmless the Safara Parties from and against all claims, causes of action, liability, expense, loss, or demand brought against the Safara Parties arising out of your use of the Site or Services or that of any individual you provide access to the Site and/or your breach or alleged breach, or that of any individual you provide access to use the Site or Services, of any term, condition, obligation, representation, or warranty in this Agreement, including by paying all attorneys’ fees and costs to defend such claims and actions and all awards, damages costs, and expenses arising therefrom. You agree that the provisions in the paragraph will survive any termination of the Agreement, the Site, or the Services.

  1. GOVERNING LAW; WAIVER OF INJUNCTIVE RELIEF

16.1 Governing Law; Venue.

This Agreement and all aspects of the Site and Services will be governed by and construed in accordance with the internal laws of the United States and the State of Delaware governing contracts entered into and to be fully performed in the State of Delaware (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes of claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state courts located in the State of New York, County of New York, and you consent to, and waive all defenses and lack of personal jurisdiction and inconvenient forum with respect to venue and jurisdiction in the state courts located in the State of New York.

16.2 Requirement for Informal Negotiation.

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and Safara agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such information negotiations commence upon written notice from one person to the other. You will send your notice with attention to Safara at 3258 Colony Cir, Los Angeles, CA USA.

16.3 Arbitration Requirement and Rules

If you and Safara are unable to resolve a Dispute through informal negotiations within thirty (30) days, either you or Safara may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website: www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless required by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Safara may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

16.4 Limitation of Parties to the Arbitration.

You and Safara agree that any arbitration will be limited to the Dispute between Safara and you individually. To the fullest extent permitted by law: (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other provisions.

16.5 Exceptions to the Above Dispute Requirements.

You and Safara agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Safara’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, privacy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

  1. WAIVER; SEVERABILITY

17.1 Individual Waivers are not Continuing Waivers.

The failure of Safara to require or enforce specific performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of Safara’s right to assert or rely upon any such provision or right in that or any other instance.

17.2 Unenforceable Sections are Removed Without Canceling the Agreement.

You and Safara agree that if any portion of this Agreement, except for Section 12.5, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If section 12.5 is found to be illegal or unenforceable, then neither you nor Safara will elect to arbitrate any Dispute falling within that portion of Section 12.5 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction in the state courts located in the State of New York, County of New York, and you and Safara agree to submit to the personal jurisdiction of the Court.

  1. STATUTE OF LIMITATIONS

You and Safara both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services or this Agreement (including the Privacy Policy and Cookies Policy) must be within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

  1. MISCELLANEOUS

19.1 The Site or Services May Not Be Appropriate Where You Live.

Safara operates and controls the Site from its offices in North America. Safara makes no representation that the Site or Services are appropriate or available in other locations. The information provided on the Site is not intended for distribution to or used by a person or Entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Safara to any registration requirement within such jurisdiction or country. Accordingly, those persons or Entities who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

19.2 Termination of this Agreement.

This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all materials obtained from the Site, Safara, or any other website or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Safara if, in our sole discretion you fail to comply with any term or provision of this Agreement, or if for any reason, in Safara's sole discretion.

19.3 Interpretation.

Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without notice to you. The section headings used in this Agreement are for convenience only and will not be given any legal import. You agree that this Agreement will not be construed against Safara by virtue of having drafted it.

19.4 No Assignment.

You may not assign this Agreement without Safara's prior written consent, which may be withheld by Safara in its sole discretion, and any assignment without such consent shall be deemed null and void. An instance of an assignment in one case shall not constitute a waiver of consent for any other assignment. Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with Safara relating to the Site or Services.

19.5 Entire Agreement.

This Agreement contains the entire understanding between you and Safara and supersedes all prior understandings between the parties concerning its subject matter and cannot be changed or modified by you.

19.6 Waiver of Claims for Electronic Format.

You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

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