A binding legal agreement governing the relationship between Africa Safaris and tour operators wishing to list safari packages on the Platform.
This Tour Operator Listing Agreement (the "Agreement") is entered into between:
Together, Africa Safaris and the Operator are referred to as the "Parties" and individually as a "Party".
Africa Safaris provides the Operator with:
Africa Safaris is a marketplace and listing platform only. We are not a tour operator. We do not own, operate, control, supply, or manage any safari, vehicle, lodge, or service offered by the Operator. We act exclusively as a technology intermediary connecting Operators with Customers.
The Operator must select one of the three (3) listing tiers below. The Listing Fee is payable in full, in advance, exclusively via PayPal, and is non-refundable regardless of whether any Bookings result.
3.1 Payment. The Listing Fee must be paid via PayPal to the merchant account designated by Africa Safaris. No other payment method will be accepted for Listing Fees.
3.2 Activation. Listings will not become active until (a) the Listing Fee has been received in cleared funds; (b) all documentation required under Clause 5 has been provided; and (c) verification under Clause 6 has been completed.
3.3 Renewal. Listing Fees are payable annually. Africa Safaris will provide a renewal notice 30 days before expiry. Listings not renewed within 14 days of expiry will be automatically removed.
3.4 Tier Changes. The Operator may upgrade tiers at any time by paying the difference, pro-rated. Downgrades take effect at the next renewal.
In addition to the Listing Fee, Africa Safaris is entitled to a commission of eight percent (8%) of the gross Booking Value for every confirmed Booking resulting from a Listing on the Platform (the "Commission").
4.1 Calculation. Commission is calculated on the total amount paid by the Customer, exclusive of any taxes that the Customer pays directly to government authorities, but inclusive of all fees, supplements, accommodation charges, and ancillary services billed by the Operator through the Platform.
4.2 Deduction. Africa Safaris will deduct the Commission directly from the Booking proceeds before remitting the net amount to the Operator.
4.3 Conservation Levy. Africa Safaris also deducts an additional three percent (3%) of the Booking Value, which is donated to verified African wildlife conservation organisations. This levy is disclosed transparently to Customers and the Operator at the time of Booking.
4.4 Settlement. Africa Safaris will remit Booking proceeds (less Commission, Conservation Levy, and any applicable refunds or chargebacks) to the Operator within fourteen (14) calendar days after the Customer's safari has concluded, provided no dispute has been raised under Clause 12.
4.5 Payment Currency & Method. All settlements are paid in USD via PayPal to the merchant account nominated by the Operator. Bank wire transfers may be available for amounts exceeding $5,000 USD at the Operator's request and at the Operator's cost.
Before any Listing becomes active, the Operator must upload through the Platform clear, legible, valid, and unredacted copies of the following documents:
| Document | Requirement | Purpose |
|---|---|---|
| Certificate of Incorporation or Business Registration | Required | Confirms legal entity status |
| Tourism Operating Licence (from relevant tourism authority) | Required | Confirms regulatory approval |
| Tax Identification Number (TIN, PIN, or equivalent) | Required | Fiscal compliance |
| VAT Registration Certificate (if applicable) | Required where applicable | Tax compliance |
| Public Liability Insurance Certificate | Required | Minimum cover $500,000 USD |
| Professional Indemnity Insurance Certificate | Required | Minimum cover $250,000 USD |
| Vehicle Inspection / Roadworthiness Certificates (all safari vehicles) | Required | Customer safety |
| Guide Certifications & Identity (all listed guides) | Required | Service quality |
| Director / Owner National ID or Passport (both sides) | Required | Identity verification (KYC) |
| Bank Account Confirmation Letter or Statement | Required | Payout verification |
| PayPal Business Account Email | Required | Settlement |
| Park Access Authorisations (where applicable) | Required where applicable | Operational compliance |
| Membership in National Tourism Association | Preferred | Industry standing |
| 3 Customer References (with permission to contact) | Preferred | Quality verification |
5.1 Bank Details. The Operator must provide complete bank details including: bank name, bank address, SWIFT/BIC code, account number, account holder name (which must exactly match the Operator's registered legal name), routing/branch code, and correspondent bank where applicable.
5.2 Authenticity Warranty. The Operator warrants that all documents uploaded are genuine, current, valid, and unmodified. Africa Safaris reserves the right to independently verify any document with the issuing authority, and the Operator irrevocably authorises such verification.
5.3 Ongoing Currency. The Operator must notify Africa Safaris within seven (7) days of any expiry, revocation, suspension, or material change to any document listed in this Clause and must provide updated documents within twenty-one (21) days.
5.4 Fraudulent Documents. Submission of any false, altered, expired, or fraudulent document constitutes immediate material breach. Africa Safaris will (a) terminate this Agreement; (b) remove all Listings; (c) forfeit any unpaid Settlement amounts; (d) report the Operator to relevant authorities; and (e) recover all costs incurred from the Operator.
Africa Safaris will review each operator application within forty-eight (48) hours of receiving complete documentation. Africa Safaris reserves the absolute right, at its sole discretion, to:
6.1 No Endorsement. Approval as a verified operator does not constitute an endorsement, warranty, or guarantee by Africa Safaris of the quality, safety, or fitness for purpose of the Operator's services.
6.2 Re-Verification. Africa Safaris may re-verify the Operator at any time and may suspend Listings during re-verification.
The Operator represents and warrants on a continuous basis throughout the term of this Agreement that:
The Operator shall:
All Listings, photographs, descriptions, and marketing content uploaded by the Operator must:
Africa Safaris reserves the right to edit, suspend, or remove any Listing or content that, in its sole opinion, violates these standards, with or without notice.
10.1 PayPal Only. All Customer payments and Operator settlements are processed exclusively via PayPal. The Operator must maintain a PayPal Business account in good standing throughout the term.
10.2 Currency Risk. The Operator bears all currency conversion costs and exchange rate risks on settlement.
10.3 PayPal Fees. Standard PayPal transaction fees are deducted at the gateway level and are the Operator's responsibility.
All payments made to Africa Safaris × SafariAI — including Listing Fees, Booking Payments, and any other sums — are final and non-refundable under any circumstances, except as expressly required by applicable mandatory consumer law.
11.1 Customer Booking Payments. All Booking Payments made by Customers are non-refundable once captured by PayPal. Cancellation by the Customer at any time — whether 30 days before, the day of, or any point between — does not entitle the Customer to any refund of Booking sums.
11.2 Listing Fees. Listing Fees ($50, $100, or $250 per year) are non-refundable under any circumstances, including but not limited to: voluntary delisting, account suspension, account closure, lack of Bookings, or termination of this Agreement.
11.3 Operator Cancellation of Confirmed Booking. If the Operator cancels a confirmed Booking, the Operator must at the Operator's sole expense arrange a substitute safari of equivalent or higher value, or settle the matter directly with the affected Customer outside of Africa Safaris × SafariAI. Africa Safaris × SafariAI does not refund Customers and bears no liability for Operator cancellations. Operators who repeatedly cancel may be suspended or removed without refund of Listing Fees.
11.4 Force Majeure. In cases of Force Majeure (Clause 22), neither party is liable to the other; however, no refunds are issued. Rescheduling may be offered at the Operator's discretion, on terms agreed directly between Operator and Customer.
11.5 Discretionary Resolution. Africa Safaris × SafariAI reserves the right, but accepts no obligation, to issue goodwill credits (not cash refunds) in exceptional circumstances determined solely at its discretion.
Where a Customer raises a dispute concerning the Operator's services:
12.1 Chargebacks. Where a Customer initiates a PayPal chargeback that succeeds, the full chargeback amount plus PayPal's chargeback fee will be deducted from the Operator's next settlement.
13.1 Operator Bears Full Operational Liability. The Operator alone is responsible and liable for the planning, organisation, supervision, conduct, and safety of every safari, tour, activity, transfer, meal, and accommodation it provides. Africa Safaris bears no responsibility whatsoever for the actual delivery of services.
13.2 No Africa Safaris Liability for Safaris. Africa Safaris is not liable, directly or indirectly, for:
13.3 Aggregate Cap. To the maximum extent permitted by law, Africa Safaris's total aggregate liability to the Operator under or in connection with this Agreement (whether arising in contract, tort, breach of statutory duty, or otherwise) shall not exceed an amount equal to the total Listing Fees actually paid by the Operator to Africa Safaris in the twelve (12) months immediately preceding the event giving rise to the claim.
13.4 Exclusion of Indirect Loss. In no event will Africa Safaris be liable to the Operator for any indirect, consequential, special, incidental, punitive, or exemplary damages, including but not limited to loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of data, or loss of contracts, however caused and whether or not foreseeable.
13.5 Operator Insurance Is Primary. The Operator's insurance is the primary and exclusive source of cover for any third-party claim arising from any Booking. The Operator's insurance must contain a waiver of subrogation in favour of Africa Safaris.
13.6 Nothing Excluded That Cannot Be. Nothing in this Agreement excludes or limits liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or any other liability that cannot be lawfully excluded or limited.
The Operator shall defend, indemnify, and hold harmless Africa Safaris, its parent, subsidiaries, affiliates, directors, officers, employees, agents, contractors, and licensors (the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees on a full-indemnity basis) arising from or related to:
14.1 The Operator's indemnity obligations survive termination of this Agreement indefinitely.
Throughout the term and for three (3) years after termination, the Operator shall maintain, with reputable insurers rated A- or better by AM Best (or equivalent):
The Operator shall provide certificates of insurance on request and shall notify Africa Safaris within seven (7) days of any cancellation, non-renewal, or material change in coverage.
16.1 Operator Content. The Operator retains ownership of all content it uploads but grants Africa Safaris a non-exclusive, royalty-free, worldwide, transferable, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content for the purposes of operating, promoting, and marketing the Platform.
16.2 Platform IP. All intellectual property in the Platform, including the "Africa Safaris" brand, the Amara AI assistant, the platform software, and all related materials, remains the exclusive property of Africa Safaris.
16.3 Limited Brand Use. The Operator may state "Listed on Africa Safaris" or display the verified operator badge solely in marketing materials, in compliance with brand guidelines provided by Africa Safaris.
The Parties shall comply with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR), the UK GDPR, the Tanzania Personal Data Protection Act 2022, and equivalent legislation in any jurisdiction where Customers reside.
17.1 Africa Safaris shares Customer Data with the Operator solely to fulfil Bookings. The Operator processes Customer Data as a separate data controller and shall:
Each Party shall keep confidential all non-public information disclosed by the other Party in connection with this Agreement, including commercial terms, customer data, technical information, and business strategy. This obligation survives termination indefinitely for trade secrets and for five (5) years for all other confidential information.
The Operator shall not, during the term of this Agreement and for twenty-four (24) months thereafter:
19.1 Liquidated Damages. The Parties agree that a breach of this Clause is difficult to quantify. The Operator agrees to pay, as liquidated damages and not as a penalty, an amount equal to five (5) times the Commission that would have been payable on the circumvented booking, or $5,000 USD, whichever is greater, for each instance of breach.
The Operator warrants compliance with all anti-bribery and anti-corruption laws, including the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, and the Tanzania Prevention and Combating of Corruption Act. The Operator shall not, directly or indirectly, offer, give, solicit, or accept any improper payment to or from any public official, customer, or other person in connection with this Agreement.
20.1 Sanctions. The Operator warrants that it, its directors, owners, and employees are not subject to any sanctions imposed by the United Nations, the United States, the European Union, the United Kingdom, or any other relevant authority.
20.2 Anti-Money Laundering. The Operator complies with all applicable anti-money laundering laws and will cooperate with any Africa Safaris compliance request.
20.3 Wildlife Protection. The Operator shall not, under any circumstances, offer, facilitate, promote, or condone canned hunting, trophy hunting, captive wildlife interactions involving petting/walking/swimming with predators, illegal wildlife trade, or any activity prohibited by CITES.
21.1 By the Operator. The Operator may terminate this Agreement at any time by giving thirty (30) days' written notice to contact@africasafaris.app. The Listing Fee is non-refundable.
21.2 By Africa Safaris for Convenience. Africa Safaris may terminate this Agreement at any time by giving fourteen (14) days' written notice without cause.
21.3 By Africa Safaris for Cause. Africa Safaris may terminate this Agreement immediately and without notice if the Operator:
21.4 Effects of Termination. On termination: (a) Listings are removed; (b) confirmed Bookings continue to completion unless Africa Safaris elects otherwise; (c) all accrued payment obligations survive; (d) Clauses 13, 14, 16, 17, 18, 19, 23, 24, 25 survive indefinitely.
Neither Party is liable for any failure or delay in performance caused by events beyond reasonable control, including war, terrorism, civil unrest, natural disaster, epidemic, pandemic, governmental order, embargo, internet outage, or labour dispute. The affected Party shall notify the other promptly and use commercially reasonable efforts to mitigate.
23.1 The Operator's Jurisdiction. This Agreement is governed by, and shall be construed in accordance with, the laws of the country in which the Operator is incorporated or registered (the "Operator Jurisdiction"), excluding any conflict-of-law principles that would result in the application of any other law.
23.2 Carve-Out. Notwithstanding Clause 23.1, the laws of the United Republic of Tanzania govern: (a) the operation of the Platform; (b) Africa Safaris's internal data and content; and (c) any obligation between Africa Safaris and a third-party regulator.
23.3 Mandatory Local Law. Nothing in this Clause displaces any mandatory consumer-protection or other law of the Operator Jurisdiction that cannot lawfully be excluded.
24.1 Good-Faith Negotiation. The Parties shall attempt to resolve any dispute through good-faith negotiation between senior representatives for thirty (30) days before initiating any formal proceedings.
24.2 Arbitration. If unresolved, any dispute arising out of or in connection with this Agreement shall be finally resolved by binding arbitration administered under the UNCITRAL Arbitration Rules, by a sole arbitrator appointed by the London Court of International Arbitration (LCIA), seated in the capital city of the Operator Jurisdiction (or, if mutually agreed, in Dar es Salaam, Tanzania), conducted in English. The arbitral award shall be final and binding and enforceable in any court of competent jurisdiction.
24.3 Costs. Each Party bears its own costs of arbitration; the arbitrator may award costs at their discretion.
24.4 Equitable Relief. Notwithstanding the foregoing, Africa Safaris may seek interim injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or non-circumvention rights.
24.5 Class Action Waiver. The Operator waives any right to participate in any class, collective, or representative action against Africa Safaris.
25.1 Entire Agreement. This Agreement, together with the Platform Terms of Use and Privacy Policy, constitutes the entire agreement between the Parties and supersedes all prior agreements, negotiations, and understandings.
25.2 Amendments. Africa Safaris may amend this Agreement on thirty (30) days' written notice to the Operator. Continued use of the Platform after the effective date of any amendment constitutes acceptance.
25.3 Independent Contractor. The Operator is an independent contractor. Nothing in this Agreement creates any partnership, joint venture, agency, employment, or fiduciary relationship between the Parties.
25.4 No Agency. Neither Party has authority to bind the other or to make any representation on behalf of the other.
25.5 Assignment. The Operator may not assign, transfer, or sub-contract any of its rights or obligations under this Agreement without Africa Safaris's prior written consent. Africa Safaris may freely assign this Agreement.
25.6 No Waiver. Failure to exercise or delay in exercising any right does not constitute a waiver.
25.7 Severability. If any provision is held invalid or unenforceable, the remainder shall continue in full force; the invalid provision shall be replaced by a valid provision closest in effect to the original.
25.8 Third-Party Rights. A person who is not a party to this Agreement has no rights to enforce any of its terms, except the Indemnified Parties under Clause 14.
25.9 Notices. All formal notices must be sent in writing to:
25.10 Language. The English-language version of this Agreement is the authoritative and binding version. Any translation is for convenience only.
25.11 Counterparts & Electronic Signature. This Agreement may be executed in counterparts and by electronic signature, each of which constitutes an original.
IN WITNESS WHEREOF, the Parties have executed this Tour Operator Listing Agreement as of the date last signed below. By signing, the Operator confirms it has read, understood, and accepts the terms of this Agreement in full.