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Acceptance of Terms of Service

This governs your use of the Silverbird Travel Plus website and the services offered on or through it. It is separate from our Terms & Conditions, which govern the day-to-day physical operation of tours and travel services.

These terms of service are entered into by and between you and Silverbird Travel Plus Limited ("Silverbird", "Silverbird Travel", "Silverbird Safaris", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of www.silverbirdsafari-africa.com and www.silverbirdtravel.com and associated domains, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, or the applicable age of majority in your jurisdiction of residence. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Silverbird Travel. If you do not meet this requirement, you must not access or use the Website.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are encouraged to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current and complete, and is governed by our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You are responsible for the actions of anyone using your account, whether with or without your permission, and agree to notify us immediately of any unauthorised access to or use of your account.

We have the right to suspend or terminate any account and/or disable any username, password or other identifier at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Service.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Silverbird Travel Plus Limited, its licensors or other providers of such material, and are protected by Kenya Government copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website only for legitimate personal uses (as a consumer or corporate client) or legitimate business purposes (as a Silverbird Preferred Supplier). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on our Website, except:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for the Permitted Uses and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy for the Permitted Uses, subject to any applicable end user licence agreement.
  • If we provide social media features with certain content, you may take such actions as are enabled by those features.

You must not modify copies of any materials from this site, use any illustrations, photographs, video or audio sequences or graphics separately from the accompanying text, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Service, Silverbird Travel may terminate your right to use the Website immediately. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Silverbird Travel.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

  • In any way that violates any applicable Kenyan, local or international law, rule, or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including "junk mail", "chain letter" or "spam".
  • To impersonate or attempt to impersonate Silverbird Travel, a Silverbird employee, another user or any other person or entity.
  • To make any false, fraudulent, or speculative reservation or booking, or any reservation in anticipation of demand.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Silverbird Travel or its users.

Additionally, you agree not to use any robot, spider or other automated means to access the Website, introduce viruses or other technologically harmful material, attempt to gain unauthorised access to any part of the Website or its servers, or attack the Website via a denial-of-service attack.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes and is subject to change without notice. We do not warrant the accuracy, timeliness, completeness, or usefulness of this information, including without limitation information concerning and descriptions of hotel, air, cruise, tour, car, and other travel products and services displayed on this website, such as pricing, availability, amenities, general product descriptions, and photographs. Any reliance you place on such information is strictly at your own risk.

This Website may include content provided by third parties, including Preferred Suppliers and other licensors. All statements and opinions expressed in such materials, other than content provided by Silverbird, are solely the opinions and responsibility of the person or entity providing them, and do not necessarily reflect the opinion of Silverbird.

Promotions

All offers and products may not be available in all markets. All prices shown are per person, based on double occupancy, in U.S. dollars unless otherwise stated, and may not include taxes or other fees unless otherwise stated. Fares, rates, prices, schedules, experiences, and benefits are subject to availability, blackout dates, international currency fluctuations, and may change without notice. Silverbird Safari Packages require a minimum/maximum number of participants and may not be combinable with other offers.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Reservation Requests

Certain functions of the Website may facilitate consumers' bookings of reservations with Preferred Suppliers. Upon your request for a reservation through the Website, Silverbird will provide your reservation information (including contact information, payment information, and booking details) to the relevant service providers, in accordance with our Privacy Policy and Terms & Conditions, so that those parties can finalise the requested reservation and process your payment. Silverbird does not charge the credit card nor process payment. The reservation is final only when accepted and confirmed by the applicable secure payment gateway / global distribution system in writing and payment is processed.

Payment disputes, cancellations, and/or service issues must be referred to the Silverbird Travel Accounts Department in writing. Additional terms and conditions of the Preferred Supplier may apply. Prices and availability are subject to change without notice. For international travel, due to currency exchange rate fluctuations, the amount quoted may be different from the amount charged to your credit card; your statement may also reflect conversion fees from your bank and/or credit card company.

As independent contractors, Silverbird Travel does not own or control airlines, hotels and other Preferred third-party suppliers, and is not responsible for their acts or omissions or any injuries, damages, expenses, or liabilities arising therefrom. Silverbird Travel, acting as a travel agent, is not the seller or provider of any travel products or services reserved or booked through the Website, and hereby disclaims all warranties of any kind in connection with such products or services, except where such warranties cannot be excluded or limited under applicable law.

Linking to the Website and Social Media Features

Only Preferred Third-Party Suppliers are permitted to link to our homepage, in accordance with our branding and advertising guidelines. This Website may provide certain social media features enabling you to link from your own or third-party websites to content on this Website, send communications with links to content on this Website, or display limited portions of our content on your own website — solely as provided by us and in accordance with any additional terms we provide.

Links to Other Websites

If the Website contains links to other sites and resources provided by third parties, these are provided for your convenience and information only. We have no control over the contents of those sites and accept no responsibility for them, or for any loss or damage that may arise from your use of them.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. Your use of the Website, its content and any services or products obtained through the Website is at your own risk and is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, to the extent permitted by applicable law.

Limitation on Liability

In no event will Silverbird Travel, its affiliates or their respective employees, agents, officers or directors be liable for damages of any kind arising out of or in connection with your use of, or inability to use, the Website or any services or products obtained through it — including direct, indirect, special, incidental, consequential or punitive damages — except where such liability cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless Silverbird Travel, its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of these Terms of Service or your use of the Website.

Limitation on Time to File Claims; Governing Law and Jurisdiction

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within six (6) months after the cause of action accrues, otherwise it is permanently barred.

All matters relating to the Website and these Terms of Service shall be governed by and construed in accordance with the laws of Kenya. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the Kenyan courts, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.

Arbitration

At Silverbird's sole discretion, we may require you to submit any disputes arising from the use of these Terms of Service or the Website to final and binding arbitration under the Rules of the Chartered Institute of Arbitrators Kenya Chapter, applying Kenyan law.

Waiver and Severability

No waiver by Silverbird of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms of Service is held to be invalid, illegal or unenforceable, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect.

Entire Agreement

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Silverbird with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties with respect to the Website.

Notwithstanding the foregoing, separate written agreements between a Corporate Member Client or Silverbird Preferred Supplier and Silverbird (such as a Corporate Client Agreement, Hotel Booking Program Agreement, Preferred Supplier Agreement, or Global Distribution System Supplier Agreement) may exist and remain in full force and effect; these Terms of Service do not alter or amend those agreements. In the event of a conflict, Silverbird is entitled to determine which terms control, in its reasonable discretion.

Your Comments and Concerns

This website is operated by Silverbird Travel Plus Limited, Commodore Office Suites, 7th Floor, Suite #7E, Kindaruma Road / Wood Avenue, Kilimani, Nairobi, Kenya, East Africa. Feedback, comments, requests for support and other communications relating to the Website should be directed to admin@silverbirdtravel.com, copying info@silverbirdtravel.com.

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