Effective date: 01/11/2021
1. Object
The general conditions of use apply without restriction nor reserve to the whole of the services proposed by the company SAMA AFRICA on the Internet site www.samaafrica.com (hereafter the "Site").
The Site is a platform that allows Travelers (hereinafter the "Users") to consult advertisements of tourist services in Africa (hereinafter the "Advertisements") and to book them online (hereinafter the "Services").
The tourist services, accessible on the Site, are carried out by tour-operators who can be travel agencies or guides registered with the local tourist office (hereafter referred to together as the "Partners"), with whom SAMA AFRICA has concluded a contract.
The purpose of these general conditions is to define the terms and conditions of registration of Users on the Site, the terms and conditions of use of the Services as well as to define the rights and obligations of the parties in this context.
They can be accessed and printed at any time by a direct link at the bottom of the Site.
The present general conditions of use prevail on all other general or particular conditions not expressly approved by SAMA AFRICA.
They may be completed, if necessary, by specific terms of use for certain Services or by the general sales conditions of the Partners. In case of any contradiction, these additional terms of use will take precedence over the general conditions of use.
2. Owner of the Site and Services, contact
The Site and the Services are accessible from the Site owned by the company SAMA GUIDE, SASU with a share capital of 7500 (seven thousand five hundred) euros, registered with the RCS of Nanterre under the number 884 566 977 and register as travel operators under the number IM092220001, whose head office is located at 3 rue Novion 92600 Asnières-sur-Seine, France (hereinafter "SAMA AFRICA").
Additionally with the online form, SAMA AFRICA can be contacted through the below contact information:
Mail address : 3, rue Novion 92600 Asnières-sur-Seine, France
Telephone: +33 (0) 7 66 76 83 14
E-mail address: contact@samaafrica.com
3. Access to the Site and Services
The Site and the Services are accessible:
- For any person with full legal capacity to commit to these terms and conditions. A person who does not have full legal capacity may only access the Site and the Services with the agreement of his/her legal representative;
- For any legal entity through a person who has the power or authority to contract in the name and on behalf of the legal entity.
4. Agreement of the general conditions
The agreement of these terms and conditions is evidenced by a checkbox on the registration form. This agreement can only be full and complete. Any agreement with condition is considered null and void. The User who does not agree with these terms and conditions must not access the Site or use the Services.
5. Articulation with the general sales conditions of the Partners
As provider of the Site, SAMA AFRICA is not a tour-operator.
The present general conditions do not regulate the relations between Users and the Partners whose advertisements are published through the Site, but only the relations between SAMA AFRICA and its Users.
SAMA AFRICA is not part of the service contract concluded between the Partner and the User.
All information relating to tourist services and particularly to the conditions of their cancellation and reimbursement are mentioned by the Partners in the Advertisements that they publish on the Site in accordance with their own conditions.
Nevertheless, when Users book a tourist service including an overnight stay via the Site, the service offered to them is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 of the Tourism Code.
Users then benefit from all the rights granted by the European Union applicable to tourist packages, as transposed in the Tourism Code. These essential rights provided by Directive (EU) 2015/2302 are set out in the Package Information Notice in Annex 1 following these Terms and Conditions.
6. Registration on the Site
6.1 To use the Services, the User must register on the Site by filling in the registration form. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Once the User is registered an account (hereinafter the "Account") is opened in his name, giving him access to a personal space (hereinafter the "Personal Space") which allows him to use the Services in a form and according to the technical means that SAMA AFRICA deems the most appropriate to provide the Services.
The User warrants that all information provided in the registration form is accurate, up to date, truthful and is not misleading.
He undertakes to update these information in his Personal Space in case of modifications (particularly if the email address has changed), so that they always correspond to the above-mentioned criteria.
The User is informed and accepts that the information entered for creating or updating his Account is proof of his identity. The information entered by the User involve his responsibility upon their validation.
6.2 The User can access his Personal Space at any time after having identified himself with his login and password.
The User undertakes to use the Services personally and to not allow any third party to use them in his place or on his behalf, unless he takes full responsibility.
The User is also responsible for keeping the confidentiality and security of his login and password, any access to the Site being deemed to be made by the User. The User must immediately contact SAMA AFRICA using the contact details mentioned in Article 2 "Owner of the Site and Services, contact" of these Terms and Conditions if he notices that his Account has been used without his approval. He acknowledges that SAMA AFRICA has the right to take all appropriate measures in such a case.
7. Description of the Services
Prior to any online subscription and in application of the provisions of article L111-1 of the French Consumer Code, the User may consult the Services on the Site.
The User has access to the following Services, in a form and according to the functionalities and technical means that SAMA AFRICA considers the most appropriate.
7.1 Reservations on the Site
To book a tourist service, the User use the filters available on the Site to find an Advertisement. One of the main filters is the type of service which can be:
- Safaris,
- Hiking,
- Circuits and
- Experiences.
When the User selects an Advertisement, he accesses to all the information provided by the Partner as well as to the cancellation conditions of the chosen tourist service.
To make a reservation, the User must then register on the Site under the conditions set out in Article 7 "Registration on the Site" or log in if he has already registered.
The User must then pay for the reservation by credit card.
7.2 Confirmation, modification and cancellation of the reservation
When the User make the reservation, he accepts the Partner's terms and conditions of sale, which are available in the Advertisement and which bind him contractually to the Partner.
After payment, the User will receive a booking confirmation and proof of payment by email.
The User may cancel the booking in accordance with the conditions of the Partner indicated in the Advertisement.
7.3 Contact form
For any question related to the use of the Site and the Services, SAMA AFRICA ensures a technical support, consisting in an assistance and an advice. Technical support is available Monday to Saturday from 9am to 8pm and can be contacted using the contact form available by clicking on the "Help Centre" link.
Under the module Bookings, The User has also access to a contact form allowing him to communicate with the Partners to obtain additional details on the reservations.
The User is expressly informed and accepts that SAMA AFRICA will be able to access at any time the messages exchanged with the Partners through this form of contact and to use them if necessary to assert its rights, in particular within the framework of a legal action.
7.4 Other Services
SAMA AFRICA may propose any other Service which it will consider useful, under a form and according to the functionalities and technical means which it will consider the most appropriate.
8. Financial conditions
8.1 Price
Users will only pay for the prices indicated on the Advertisements published by the Partners on the Site.
Unless otherwise stated, they are expressed in Euros or in USD.
The conversion rate applied may not representative of the official exchange rates.
8.2 Terms of payment
The price of the Services is payable when they are ordered.
Payment can be made online, by credit card, through Lyra's secure online payment service or by any other means that will be proposed on the Site at the time of the order.
The User guarantees SAMA AFRICA that he has the necessary authorizations to use the chosen payment method.
9. No right of withdrawal
Users expressly acknowledge and accept that, in accordance with the provisions of Article L.221-28 paragraph of the Consumer Code, their right of withdrawal cannot be exercised, as the tourist services offered by the Partners are accommodation services and leisure activities that must be provided on a specific date or during a specific period.
10. Duration of the Services, un-subscription
The Services are subscribed for an indefinite period.
The User can unsubscribe from the Services via the Contact Form as described in article 7.3 "Contact Form".
The denunciation by SAMA AFRICA is carried out by the sending of an email to the User.
The un-subscription is effective within a maximum of 7 (seven) days from this request.
It will result in the deletion of the User's Account.
SAMA AFRICA also reserves the right to close and delete any Account that remains inactive for a continuous period of 24 (twenty-four) months.
11. Evidence Agreement
The User expressly acknowledges and agrees:
(i) that the data collected on the Site and the IT equipment of SAMA AFRICA are proof of the reality of the operations carried out within the framework of the present Terms of use;
(ii) that these data constitute the principal mode of proof admitted between the parties, in particular for the calculation of the sums due to SAMA AFRICA.
The User can access these data in his Personal Area.
12. Obligations of the User
Without prejudice to the other obligations provided in these terms of use, the User undertakes to comply with the following obligations.
12.1 The User undertakes, in his use of the Services, to respect the laws and regulations in force and to not prejudice the rights of third parties or public policy.
12.2 The User acknowledges that he is aware about the characteristics and constraints, particularly technical, of all the Services on the Site. He is the only one responsible for his use of the Services.
12.3 He is the only one responsible for his use of the Services and, particularly, for the relationships he may establish with the Partners and the information he communicates to them in the context of the Services. It is the User's responsibility to exercise appropriate caution and discernment in these relationships and communications. The User also undertakes to respect the usual rules of politeness and courtesy when dealing with other Partners.
12.4 The User undertakes to make strictly personal use of the Services. Consequently, he shall not assign, grant or transfer all or part of his rights or obligations hereunder to a third party, in any manner.
12.5 The User undertakes to provide SAMA AFRICA with all necessary information and, more generally, to cooperate actively with SAMA AFRICA for the proper execution of the present.
12.6 The User is the only one responsible for the content (editorial, graphic, audio, or other, including the name and/or image that the User may have chosen to identify him on the Site) that he provides within the framework of the Services (hereinafter referred to as "Content").
He guarantees SAMA AFRICA that he has all the rights and authorizations necessary for the diffusion of these Contents.
He undertakes to ensure that the mentioned Content is legal, does not prejudice public policy, good morals or third parties’ rights, does not violate any applicable laws and regulations, and globally won’t engage the civil or criminal responsibility of SAMA AFRICA.
The User is therefore forbidden to distribute, in particular and without this list being exhaustive:
- pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist Content,
- infringing Content,
- Content that is harmful to the image of a third party,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.
12.7 User acknowledges that the Services offer an additional, non-alternative solution for booking tourist services online and that this solution cannot replace others that the User may have at his disposal to achieve the same objective.
12.8 The User is informed and accepts that the implementation of the Services requires that he connects to the Internet and that the quality of the Services depends directly on this connection, for which he is responsible.
13. User's guarantee
The User guarantees SAMA AFRICA against any complaints, claims, actions and/or demands that SAMA AFRICA could undergo because of the violation, by the User of any of its obligations or guarantees under the terms of these general conditions of use.
He undertakes to compensate SAMA AFRICA for any prejudice that it may suffer and to pay all costs, charges and/or sentences that it may support.
14. Prohibited behaviours
14.1 It is strictly prohibited to use the Services for the following purposes:
- engaging in illegal or fraudulent activities or activities that prejudice the rights or security of third parties,
- the violation of public order or the violation of laws and regulations in force,
- Intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
- sending emails and/or commercial prospecting or solicitation without any agreement,
- manipulations intended to improve the referencing of a third-party site,
- the use of the Site to distribute information or links redirecting to a third-party site,
- conducting, in any form or manner, to one or more of the acts and activities described above,
- and more generally any practice leading the Services to purposes other than those for which they were designed.
14.2 It is strictly forbidden to the Users to copy and/or divert for their ends or to those of third-parties the concept, the technologies, all or part of the data or any other element of the Site of SAMA AFRICA.
14.3 The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the systems of SAMA AFRICA, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate load on the infrastructures of the latter, (v) all attacks on the security and authentication measures, (vi) all acts likely to undermine the rights and financial, commercial or moral interests of SAMA AFRICA or the users of its Site, and finally more generally (vii) any breach of these general conditions.
14.4 It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the Site, as well as the information hosted and/or shared therein.
15. Penalties for non-compliance
In case of breach on these general conditions or more generally, the violation of the laws and regulations in force by a User, SAMA AFRICA reserves the right to take any appropriate measure and in particular to:
(i) suspend the access to the Services of the User, author of the breach or violation, or having participated in it,
(ii) delete any Content posted on the Site,
(iii) resolve the User's access to the Services,
(iv) publish on the Site any information message that SAMA AFRICA will consider useful,
(v) to notify any competent authority, to cooperate with them and to provide them with any information relevant to the investigation and prosecution of illegal or unlawful activities,
(vi) initiate any legal action.
... without prejudice to any damages that may be claimed from the User.
The resolution automatically leads to the deletion of the User's Account, without prejudice to any other consequences that may arise in application of these general conditions.
16. Responsibility and guarantee of SAMA AFRICA
16.1 SAMA AFRICA undertakes to make its best efforts to ensure that the Partner provides Users with photos, details and descriptions that most adequately reflect the Services offered.
16.2 However, SAMA AFRICA cannot guarantee the accuracy of the descriptions, photos or details of the rooms and facilities provided by the Partner and cannot be responsible for any loss, damage or claim suffered by the User in relation to these descriptions.
16.3 SAMA AFRICA does not guarantee to the User that the proposed accommodation will meet all his needs, tastes or expectations. The User accepts that SAMA AFRICA cannot be responsible for any claim or damage related to the accommodation provided by the Partner.
16.4 SAMA AFRICA undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
16.5 SAMA AFRICA does not have systematic knowledge of the Contents put on line by the Users within the framework of the Services, and could not carry out moderation, checking or control systematically.
Consequently, SAMA AFRICA cannot be responsible for the third-parties Contents, and any possible complaint having to be directed initially towards the author of the concerned Contents.
The Contents prejudicial to a third party can be the subject of a notification to SAMA AFRICA according to the terms specified by the article 6 I 5 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, SAMA AFRICA reserving to take the measures described in the article "Sanctions of the failures".
16.6 SAMA AFRICA acts as a broker which provides Users and Partners with tools and technical means enabling them to enter into contact for the purpose of buying and/or selling tourist services through the Site. Its responsibility is limited to provide these means, as described herein, and to putting Users and Partners in contact with each other.
SAMA AFRICA is not part of the contracts concluded between the Users and the Partners and will not be responsible for any difficulties that may arise during the conclusion or execution of these contracts, nor be part of any dispute between a User and a Partner concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations to which the User or the Partner may be bound.
However, in a concern of constant improvement of the quality of the Services, SAMA AFRICA invites the Users to inform it of all the comments and information concerning the quality of the transactions carried out via the Services.
16.7 SAMA AFRICA undertakes to carry out regular checks to verify the operation and accessibility of the Site. Thus, SAMA AFRICA reserves the right to temporarily interrupt access to the Site for maintenance reasons. In the same way, SAMA AFRICA could not be responsible for the difficulties or momentary impossibilities of access to the Site which would have for origin circumstances which are external to him, the force majeure, or which would be due to disturbances of the telecommunication networks.
16.8 SAMA AFRICA does not guarantee to the Users (i) that the Services, subject to a constant research to improve in particular the performance and the progress, will be completely free of errors, defects or faults, (ii) that the Services, being standard and by no means proposed to the only intention of a given User according to his own personal constraints, will specifically answer his needs and expectations.
16.9 In any case, the responsibility likely to be incurred by SAMA AFRICA under the present is expressly limited to the only direct damage suffered by the User.
17. Intellectual property of SAMA AFRICA
The systems, software, structures, infrastructures, databases and contents (texts, images, visuals, music, logos, brands, databases, etc.) used by SAMA AFRICA within the Site are protected by intellectual property rights or rights of databases producers in force. All disassembles, recompilations, decryptions, extractions, reuses, copies and more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorization of SAMA AFRICA are strictly prohibited and could be the subject of legal prosecutions.
18. Authorization to distribute images and testimonies
18.1 The User expressly authorizes SAMA AFRICA to use his profile image, for purposes of illustration on the Site or its promotion, by any means and on any support, for the whole world, for the duration of the User registration on the Site. This authorization is granted free of charge.
18.2 For the duration of the Services use, the Users authorize SAMA AFRICA to use the testimonies they publish (hereafter the "Testimonies") for the promotion of the Site, according to the following modalities:
- They agree that their Testimonies are distributed for free by SAMA AFRICA on the Site and on all other French or foreign Internet sites, published by all companies with which SAMA AFRICA has agreements,
- They agree that their Testimonials may be distributed by SAMA AFRICA for the purpose of promoting the Site,
- They accept that their Testimonies be translated into all languages,
- They recognize and accept that the Testimonies can be the subject of modifications, in particular as for their framing, their format and their colors, as well as alterations or degradations in their quality, according to the technical constraints of the Site,
- They renounce to ask SAMA AFRICA any remuneration, royalty, indemnity or financial compensation for this reason.
19. Personal data
SAMA AFRICA practices a policy of personal data protection, for which the characteristics are explained in the "Privacy Policy", which the User is expressly invited to read.
20. Links and third-party sites
SAMA AFRICA will not be responsible for the technical availability of websites or mobile applications operated by third-parties (including its possible partners) to which the User would have access through the Site.
SAMA AFRICA does not assume any responsibility for the contents, advertisements, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use.
SAMA AFRICA is not responsible for transactions between the User and any advertiser, professional or merchant (including its possible partners) to which the User would be directed via the Site and will not be party to any possible dispute with these third-parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third-parties are bound.
21. Force majeure
SAMA AFRICA could not be responsible of the failures or delays in the execution of the present general conditions due to one of the force majeure such as defined by the article 1218 of the Civil code and recognized by the jurisprudence, as well as, in any event, all the facts of strike, terrorism and epidemic.
The occurrence of a force majeure case suspends the execution of the general conditions as soon as one of the parties receives the information sent by registered letter with acknowledgement of receipt by the other party.
If a case of force majeure which prevents the execution of a party obligations continues beyond a period of 30 (thirty) days, the general conditions may be withdraw immediately without legal formalities, by either party, by any writing mean, and without any party have to pay a compensation.
22. Changes
SAMA AFRICA reserves the right to modify at any time the present general conditions.
The Registered User will be informed of these changes by any useful means at least 1 (one) month before they come into force.
The User who does not accept the modified terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in the article "Duration of the Services, un-subscription".
23. Language
In case of translation of these general terms and conditions into one or more languages is made, the language of interpretation shall be French in case of a contradiction or dispute over the meaning of a term or condition.
24. Mediation
After having referred a matter to the SAMA AFRICA team and in the absence response or satisfying answer within 60 days, the User may refer this matter to the Tourism and Travel arbitrators, whose the contact details and procedures for referral are available on his website: www.mtv.travel
The European Commission also offers a platform for online dispute resolution (ODR), available at: http://ec.europa.eu/consumers/odr/
25. Applicable law
The present general conditions are governed by French law.
Any dispute that may arise in connection with its validity, interpretation or execution shall be subject to the exclusive jurisdiction of the Commercial Court of Paris (France), unless otherwise provided by mandatory procedural rules.
Annex 1: Information notice on Essential Rights Packages under Directive (EU) 2015/2302 transposed into the Tourism Code
- Travelers will be provided with all essential information about the package prior to entering into the package travel contract.
- Both the organizer and the retailer are responsible for the proper execution of all travel services included in the contract.
- Travellers are provided with an emergency telephone number or contact information to reach the organizer or retailer.
- Travellers may transfer their package to another person with reasonable notice and possibly subject to an additional fee.
- The price of the package may only be increased if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and may in any case not be changed less than 20 days before the start of the package. If the price increase exceeds 8% of the package price, the traveller may withdraw from the contract. If the organizer reserves the right to increase the price, the traveller is entitled to a price reduction in the event of a reduction in the corresponding costs.
- Travellers may cancel the contract without paying a cancellation fee and receive a full refund of payments made if any of the essential elements of the package, other than the price, undergoes a significant change. If, prior to the start of the package, the professional responsible for the package cancels it, travellers have the right to obtain a refund and compensation, if applicable.
- Travellers may cancel the contract without paying a cancellation fee before the start of the package in case of exceptional circumstances, for example if there are serious safety problems at the destination that may affect the package.
- In addition, travellers may, at any time before the start of the package, cancel the contract subject to payment of appropriate and justifiable cancellation fees.
- If, after the start of the package, important elements of the package cannot be provided as planned, appropriate alternative services must be offered to the travellers at no extra cost. Travellers may withdraw from the contract without paying a withdrawal fee if the services are not performed in accordance with the contract, if this significantly disrupts the execution of the package and if the organiser does not remedy the problem.
- Travellers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of travel services.
- The organiser or retailer must provide assistance if the traveller is in difficulty.
- If the organizer or retailer becomes insolvent, the amounts paid will be refunded. If the organiser or retailer becomes insolvent after the start of the package and if transport is included in the package, the repatriation of travellers is guaranteed.
- SAMA AFRICA has subscribed an insolvency protection with APST. Travellers may contact this entity (15 avenue Carnot - 75017 Paris; info@apst.travel, 01 44 09 25 35/01 44 09 88 00) if they are refused services due to the insolvency of SAMA AFRICA or the Partner.
Directive (EU) 2015/2302 transposed into national law: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000036242695/
SAMA AFRICA, SASU with a share capital of 7500 euros
Registered with the RCS of Nanterre under the number 884 566 977 and on the register of travel operators under the number IM092220001.
Whose office is located at 3, Novion 92600 Asnières-sur-Seine, France
These general conditions of use, which are subject to change from apply to all of our services, directly or indirectly (provided by our distributors) online, via mobile devices, by email or by phone. In accessing our website (mobile) or any other application via a platform (here- after collectively referred to as the « Platform »), and / or by making a reservation there, you declare that you have read these general conditions of use and our confidentiality charter, understand its scope and accept them.
These pages, their content and infrastructure, as well as the reservation service online (including facilitating the payment service) provided by us via this site Internet belong to, are managed by and are provided by samaafrica.com. They are put to available only for personal, non-commercial (B2C) use, which remains subject to the general conditions of use set out below. Our relationship with Travel Providers is governed by separate terms and conditions which govern the commercial relationship (B2B) that we have with each Travel Provider. All Travel Provider acts professionally towards samaafrica.com when it comes to make their product or service available on or via samaafrica.com (both as part of its “B2B” commercial relations and its “B2C” non-commercial relations). Please note that Travel Providers may hold, declare applicable and require acceptance of) their own general conditions (of service, shipping, transport, use) and house rules for use, access and consumption Travel (which may include certain exclusions and limitations of liability).
Publisher
The website www.samaafrica.com is edited by:
The company SAMA GUIDE
SASU with a share capital of 7500 euros
Registered with the RCS of Nanterre under the number 884 566 977
Registered in the French official borad of travel operators under number IM092220001
Member of APST
Location : 3 rue Novion 92600 Asnières-sur-Seine, France
Telephone: +33 (0) 7 66 76 83 14
E-mail address: contact@samaafrica.com
Director of the publication
The company SAMA GUIDE
Hosting provider
The website www.samaafrica.com is hosted by:
The company: 1&1I ONOS
Head office: 7 Pl. de la Gare, 57200 Sarreguemines, France
Telephone: 09 70 80 89 11
Online consumer dispute resolution platform: https://ec.europa.eu/consumers/odr
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