1. Introduction

1.1. This website is owned and operated by African Habitat Conservancy (“African Habitat”, “we”, “us”, “our”). The use of babanangooutdooreducation.co.za, and/or our social media platforms (“the Service”) is subject to the following terms and conditions (“the Terms of Use”).

1.2. These Terms of Use are binding and enforceable against every person that accesses or uses the Service (“you”, “your” or “user”). By using the Service, and/or booking accommodation, you acknowledge that you have read and agree to be bound by these Terms of Use.

1.3. Please read these Terms of Use carefully – they constitute a fully binding agreement between you and African Habitat. If you do not agree to these Terms of Use, you are prohibited from using the Service in any way.

1.4. By accessing and/or using the Service you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.

1.5. If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use the Service with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms of Use, and to be liable and responsible for you and all your obligations under these Terms of Use.

1.6. To register as a subscriber on the website, and/or to book accommodation, you must provide certain personal information to African Habitat – any personal information processed by African Habitat will be processed in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.

2. Booking Accommodation

2.1. Users may book accommodation by contacting Babanango Outdoor Education reservations via the contact details found on the ‘contact’ tab, or alternatively by clicking the ‘book now’, or the ‘book your stay’ button(s) on the website and completing the required guest information and details.

2.2. Users acknowledge that by clicking the ‘book now’ button, or the ‘book your stay’ button, they will be taken to a third-party booking site, that is not controlled by African Habitat and is owned by eZee Technosys Pvt. Ltd.

2.3. Notwithstanding any communication from African Habitat, or a third-party booking representative, stating that your requested date has been booked, African Habitat will only confirm your booking once you have made payment, and only at that point will an agreement between you and African Habitat come into effect.

2.4. African Habitat is under no obligation to accept your booking, and the sole discretion as to whether your booking is accepted will at all times vest in African Habitat, and your booking will only be confirmed once you have made payment.

3. Rates and Payment

3.1. The currency used for all rates quoted on babanangooutdooreducation.co.za (“the Website”), is the South Africa Rand. No payments are currently accepted through the Website.

3.2. In the event you have any queries regarding payment, you may contact us at via the contact details on the ‘contact’ tab on the Website, or on reservations@babanango.com.

4. Cancellation of Bookings

4.1. In accordance with section 17 of the Consumer Protection Act No. 68 of 2008, the client is entitled to cancel this agreement at any time before the booked arrival date, but subject to African Habitat charging a reasonable cancellation fee.

4.2. The parties agree and acknowledge that in the hospitality industry, bookings are taken far in advance of the actual stay date, and while African Habitat will do everything possible to accommodate a date change, given the advanced nature of bookings, and the likely loss that African Habitat will incur, a date change (for whatever reason, howsoever arising) will be treated the same as a cancellation of the booking.

4.3. Each cancellation will be reviewed on its own merits and according to its own unique circumstances to determine the applicable cancellation fee. As a guideline, the cancellation fee will be dependent on the proximity of the termination with the date booked arrival date – the guidelines below serve as an illustration:
• 60 (or more) days prior to arrival date – 20% of the total reservation value (no refund of deposit).
• 59 – 31 days notice prior to arrival date – 50% of the total reservation value.
• 0 – 30 days notice prior to arrival date – 100% of the total reservation value.

5. Disclaimers and Important Information

5.1. African Habitat disclaims all implied warranties, including but not limited to, warranties of compatibility, security and accuracy.

5.2. Although African Habitat has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Service is free of viruses or any other data or code that has the ability to corrupt or affect your system.

5.3. The use of the Service in any form is entirely at the users’ own risk and the Service is provided ‘as is’.

5.4. African Habitat is not liable for any damages whatsoever relating to your use of and/or access of the Service in any manner, howsoever arising, including instances of loss caused by the negligence of African Habitat and/or its affiliates, partners or representatives.

5.5. African Habitat may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. African Habitat accepts no responsibility for the content or use of such websites or the information contained therein.

5.6. Unless otherwise noted, the contents of the Service are subject to intellectual property rights that vest in African Habitat, or that vest in other entities. You are thus prohibited from using the content in this Website, its related web pages, social media channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos without express written permission or unless used in accordance with these Terms of Use.

5.7. All information, products and prices available on the Website is subject to change without notice.

6. Site Security and Prohibited Activity

6.1. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto.

6.2. In using the Service, you must not:

6.2.1. post or otherwise transmit any unlawful or otherwise objectionable material of any kind;

6.2.2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

6.2.3. upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; or assist or permit any persons in engaging in any of the activities described above.

7. Limitation of Liability and Indemnity

7.1. In addition to clause 5 above, under no circumstances, including, but not limited to, negligence, shall African Habitat, its affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the Website, its related web pages or social media channels.

7.2. In no event shall African Habitat, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict or otherwise) exceed one thousand, five hundred South African Rand (R1500).

7.3. You agree to indemnify, defend and hold African Habitat, its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities and/or conduct in connection with this Website its related web pages or social media channels.

8. General

8.1. African Habitat may revise these Terms of Use at any time without notice. Although we will endeavor to highlight any changes to these Terms of Use, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.

8.2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Durban, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office at 2nd Floor, Nexdesk offices, 6 Nokwe Avenue, Umhlanga Ridge, 4319 .

8.3. If you have any questions or complaints regarding these Terms of Use, or have any queries or comments in relation to the Website, please contact reservations@babanango.com and we will endeavor to respond to you promptly.

8.4. Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.

April 2019 v1