Accommodation Listing Agreement

1. Parties & Scope

This Accommodation Listing Agreement (the "Agreement") is between Africa Safaris (the "Platform") and the Accommodation Provider identified in the Execution section (the "Provider").

1.1 Eligible Properties. Eligible accommodation types include: safari lodges, tented camps, bush camps, mobile camps, boutique hotels, eco-lodges, homestays, guesthouses, beach resorts, and luxury villas located within any of the 20 African countries served by Africa Safaris.

1.2 Direct Booking Model. Unlike the tour-operator model, accommodation listings operate on a direct-booking basis. Africa Safaris does not collect payment, hold funds in escrow, or take any commission on guest stays. The Platform's role is limited to listing, lead generation, and brand exposure.

2. Listing Tiers & Fees

The Provider must select one of three (3) listing tiers. The Listing Fee is payable in full, in advance, exclusively via PayPal, and is non-refundable.

2.1 Payment. Listing Fees are payable via PayPal only to the Africa Safaris merchant account.

2.2 Activation. Properties go live after fee payment, document verification, and approval.

2.3 Annual Renewal. Listings renew annually. 30-day renewal notice provided.

3. No Commission on Bookings

Africa Safaris does not charge any commission, finder's fee, percentage, or override on bookings made by guests who discover the Provider through the Platform. The Provider retains 100% of the room rate and any ancillary revenue.

3.1 Direct Relationship. The booking relationship is entirely between the Provider and the guest. The Provider sets prices, terms, deposit requirements, and cancellation policies.

3.2 No Payment Processing. Africa Safaris does not process accommodation payments. Guest payments are made directly to the Provider through the Provider's own payment system.

3.3 Optional Voluntary Conservation Contribution. Providers are encouraged but not required to contribute 1–3% of confirmed bookings to the Africa Safaris Conservation Fund. Properties making such contributions receive a Conservation Partner badge.

3A. No Refunds Policy

3A.1 Listing Fees Non-Refundable. Listing Fees ($50, $100, or $250 per year) are non-refundable in all circumstances, including but not limited to: voluntary delisting, property closure, change of ownership, tier downgrade, suspension, termination of this Agreement, or failure to receive bookings.

3A.2 Guest Bookings. Bookings are made directly between the Provider and the guest. Africa Safaris × SafariAI does not hold guest funds and is not a party to refund requests between Provider and guest. Provider sets its own booking cancellation and refund policy and bears sole responsibility for handling guest claims.

3A.3 Discretionary Resolution. Africa Safaris × SafariAI reserves the right, but accepts no obligation, to issue goodwill credits (not cash refunds) toward future tier renewals in exceptional circumstances determined solely at its discretion.

4. Required Documentation

5. Provider Warranties

The Provider represents and warrants that:

1. The Provider is a duly registered legal entity in good standing;
2. The Provider holds all licences, permits, and authorisations required to operate accommodation services;
3. The property complies with all applicable health, safety, fire, food safety, and environmental laws;
4. The Provider maintains insurance as required under Clause 4;
5. The Provider owns or has the right to license all content uploaded to the Platform;
6. All staff are lawfully employed and properly trained;
7. Information published on the Platform is accurate, current, and not misleading.

6. Provider Obligations

The Provider shall:

• Honour every confirmed booking at the rate quoted;
• Respond to Platform-generated enquiries within 24 hours;
• Keep listing information, photos, rates, and availability current;
• Provide accommodation, services, and amenities as advertised;
• Treat all guests with respect, dignity, and professionalism regardless of nationality, ethnicity, religion, gender, sexual orientation, or any protected characteristic;
• Maintain health, safety, hygiene, and fire-safety standards customary in the industry;
• Handle guest complaints promptly and in good faith;
• Comply with all applicable laws and Africa Safaris content standards.

7. Content Standards

All listings must:

• Use accurate, recent, professionally taken photography;
• Describe rooms, amenities, and services truthfully;
• State current pricing and any seasonal variation;
• Not contain external contact details designed to bypass enquiry tracking;
• Not contain misleading wildlife, environmental, or safety claims;
• Not promote canned hunting, captive wildlife interaction, or any unethical wildlife activity on premises.

8. Limitation of Liability

8.1 Africa Safaris is a listing and lead-generation platform only. The Provider alone is responsible and liable for the operation of the property and the safety, satisfaction, and well-being of every guest.

8.2 Africa Safaris is not liable for:

• Death, injury, illness, or harm to any guest;
• Loss or theft of guest property;
• Quality, condition, safety, or hygiene of accommodation;
• Acts or omissions of Provider staff or contractors;
• Booking, payment, or cancellation disputes between Provider and guest;
• Wildlife encounters or incidents on or near the property;
• Natural disasters, civil unrest, or force majeure;
• Any commercial outcome including booking volume, revenue, or occupancy.

8.3 Aggregate Cap. To the maximum extent permitted by law, Africa Safaris's total aggregate liability under this Agreement shall not exceed the Listing Fees actually paid by the Provider in the twelve (12) months preceding the claim.

8.4 Exclusion of Indirect Loss. Africa Safaris is not liable for any indirect, consequential, special, incidental, or punitive damages.

9. Indemnification

The Provider shall defend, indemnify, and hold harmless Africa Safaris, its officers, directors, employees, agents, and contractors from any claim, loss, liability, damage, or expense (including reasonable legal fees) arising from:

• Any breach of this Agreement by the Provider;
• Any act, omission, or negligence of the Provider;
• Any injury, illness, or harm to any guest at or in connection with the property;
• Any loss or damage of guest property;
• Any intellectual property infringement in Provider content;
• Any dispute between the Provider and any guest, staff, or contractor;
• Any violation of law by the Provider.

10. Intellectual Property

10.1 Provider Content. The Provider grants Africa Safaris a non-exclusive, royalty-free, worldwide, sublicensable licence to use uploaded content for Platform operation and marketing.

10.2 Africa Safaris IP. All Platform intellectual property remains the property of Africa Safaris.

11. Data Protection

The Parties comply with all applicable data protection laws including the Tanzania Personal Data Protection Act 2022, EU GDPR, UK GDPR. Guest contact details transmitted via the Platform are processed by the Provider as an independent controller for the limited purpose of fulfilling the enquiry/booking.

12. Confidentiality

Each Party shall keep confidential all non-public information disclosed by the other for five (5) years after termination, indefinitely for trade secrets.

13. Termination

• By Provider: 30 days' written notice. Listing Fee non-refundable.
• By Africa Safaris for convenience: 14 days' notice.
• By Africa Safaris for cause: immediate, for material breach, false documentation, loss of licence, or reputational damage.

14. Governing Law & Disputes

14.1 This Agreement is governed by the laws of the country in which the property is located (the "Property Jurisdiction"), without regard to conflict-of-law principles.

14.2 Negotiation. Parties shall negotiate in good faith for 30 days before formal proceedings.

14.3 Arbitration. Unresolved disputes shall be referred to binding arbitration under UNCITRAL Rules, sole arbitrator, conducted in English, seated in the capital of the Property Jurisdiction or Dar es Salaam, Tanzania by mutual agreement.

14.4 Equitable Relief. Africa Safaris may seek injunctive relief in any competent court for IP, confidentiality, or non-circumvention breaches.

15. General Provisions

15.1 Entire Agreement. This Agreement together with the Platform Terms of Use and Privacy Policy constitutes the entire agreement.

15.2 Amendments. Africa Safaris may amend on 30 days' notice. Continued use of the Platform constitutes acceptance.

15.3 Independent Contractor. Provider is an independent contractor. No partnership, agency, or joint venture is created.

15.4 Notices. To Africa Safaris: contact@africasafaris.app. To Provider: the email provided.

15.5 Severability. If any provision is invalid, the remainder continues.

15.6 Electronic Signature. Agreement may be executed electronically.