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Legal & Policies

Supplier Terms & Conditions (Supplier Agreement)

The agreement between TryBookAfrica and the tourism businesses that list on the platform, including onboarding, data capture and supplier responsibilities.

Supplier Terms & Conditions (Supplier Agreement)

Definitions and interpretation

“Account” means a registered TryBookAfrica account used to access account features, bookings, saved information or supplier functionality.

“Booking” means a reservation, purchase request or confirmed transaction for a Product made through the Platform or through a booking route presented by the Platform.

“Booking Confirmation” means the electronic confirmation issued by TryBookAfrica, the Supplier or an authorised booking system after a booking has been accepted and, where required, paid or otherwise secured.

“Platform” means TryBookAfrica.com, associated websites, mobile applications, supplier portals, traveller accounts, booking interfaces, APIs and related digital services operated or authorised by TryBookAfrica.

“Product” means any accommodation, safari, tour, activity, attraction, restaurant experience, transport service, transfer, vehicle rental, travel service or other tourism-related offering displayed or bookable through the Platform.

“Supplier” means an independent tourism business, operator, establishment, service provider or other third party that lists or provides a Product through or in connection with the Platform.

“Traveller” or “you” means the person who accesses the Platform or makes, manages or is included in a Booking.

“TryBookAfrica”, “we”, “us” or “our” means the South African legal entity that owns and/or operates the Platform, together with authorised affiliates and service providers where applicable.

“Local Mandatory Law” means any law, regulation, consumer right, privacy rule, licensing requirement, tax rule, payment rule, tourism rule or court/authority requirement that applies to the relevant user, transaction, Product or jurisdiction and cannot lawfully be excluded by contract.

Unless the context requires otherwise, singular includes plural; headings are for convenience; references to legislation include amendments and replacements; and “including” does not limit the scope of the preceding words.

1. Parties and appointment

This Supplier Agreement is between TryBookAfrica [Pty] Ltd ("TryBookAfrica") and the tourism business or service provider that registers a Supplier Account ("Supplier"). The Supplier appoints TryBookAfrica, where applicable, to provide the marketplace, technology, booking facilitation and other services specified in the applicable commercial schedule.

2. Supplier onboarding and controlled data capture

Supplier onboarding is category-specific. The Supplier must complete the questions, fields, declarations and permitted answer options prescribed by TryBookAfrica for the selected Supplier category and jurisdiction. The Supplier does not determine unilaterally what information is sufficient. TryBookAfrica may require additional information, evidence or declarations for risk, legal, quality, consumer or operational reasons.

3. Supplier warranties and undertakings

  • The Supplier is legally established or otherwise lawfully operating to the extent required in its jurisdiction.

  • The Supplier has all licences, permits, registrations, consents and insurance required for its Products and activities.

  • All listing, pricing, availability, tax, safety, accessibility and policy information supplied to TryBookAfrica is accurate, complete and current.

  • The Supplier will honour confirmed Bookings and promptly notify TryBookAfrica of material changes.

  • The Supplier will comply with consumer, privacy, advertising, competition, employment, health and safety, tourism, tax, payment and other laws applicable to its activities.

4. Product-specific obligations

A Supplier must provide the category-specific information required by TryBookAfrica for accommodation, safaris, experiences, restaurants, attractions, transport, car rental, travel services or other categories. This supports structured comparison, search, booking and compliance.

5. Availability and booking methods

The Supplier must maintain availability and configure the booking mode designated for each Product: Instant Booking, Request to Book, Contact Supplier or External Website/booking route. A Supplier must not represent a Product as bookable when it is not actually available.

6. Pricing and commercial terms

Commission, subscription, featured-listing, service or other commercial charges are governed by the applicable commercial schedule. The current business plan contemplates booking commission and other potential revenue streams, but final rates must be agreed before activation. No illustrative rate in internal planning material is itself a binding commercial term.

7. Payments and settlement

Settlement timing, deductions, chargebacks, refunds, reserves, taxes and foreign-exchange treatment are governed by the Payment Terms and commercial schedule. TryBookAfrica may withhold or set off amounts where reasonably required for refunds, disputes, fraud controls, chargebacks, legal obligations or amounts due by the Supplier, subject to applicable law.

8. Verification

TryBookAfrica may request business registration, tourism registration, operating licences, tax information, insurance, official website or business profile, identity/authority evidence and other credible supporting documents. Verification is conditional and may be repeated or withdrawn.

9. Supplier content and licence

The Supplier retains ownership of its supplied intellectual property but grants TryBookAfrica a worldwide, non-exclusive, royalty-free licence to host, reproduce, resize, translate, adapt, display and distribute the content to operate, promote and market the Platform and Supplier Products, subject to applicable law and any agreed brand restrictions.

10. Complaints, cancellations and customer claims

The Supplier remains responsible for fulfilment and primary service recovery concerning its Product. The Supplier must cooperate promptly with TryBookAfrica in relation to complaints, cancellations, refunds, no-shows, safety incidents and regulatory requests.

11. Personal Information, Data Sharing and Protection

Sharing of Personal Information

The Supplier acknowledges and agrees that TryBookAfrica may collect, use and disclose Personal Information relating to Travellers and other relevant individuals to the Supplier and, where necessary and lawful, to third parties involved in facilitating, administering or fulfilling a booking or providing the services contemplated by this Agreement.

Such third parties may include accommodation establishments, tour operators, safari and activity providers, transport providers, payment service providers, technology and hosting providers, customer-support providers, insurers, professional advisers and other authorised service providers, where their involvement is reasonably necessary for the relevant purpose.

Personal Information may be shared for purposes including processing and confirming bookings, delivering the booked services, communicating booking changes, arranging transport or other travel-related services, processing payments and refunds, providing customer support, addressing safety or emergency matters, preventing fraud, resolving disputes and complying with applicable legal obligations.

Limitation and Lawful Processing

TryBookAfrica and the Supplier shall ensure that any Personal Information shared under this Agreement is processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA), as amended, and other applicable data-protection laws.

Each party shall access, use, retain and disclose Personal Information only to the extent reasonably necessary for the purposes for which it was lawfully shared, and shall not use such information for unrelated marketing, independent commercial purposes or any other unauthorised purpose.

Where a party intends to use Personal Information for direct marketing or another purpose beyond the original booking or service-delivery purpose, that party must independently establish and comply with the applicable lawful basis, transparency, consent and objection requirements.

Security and Confidentiality

The Supplier shall implement appropriate technical and organisational measures to protect Personal Information against loss, unauthorised access, disclosure, alteration or destruction. The Supplier shall ensure that its employees, contractors and authorised representatives who access Personal Information are subject to appropriate confidentiality obligations and receive access only where necessary.

The Supplier shall notify TryBookAfrica without undue delay upon becoming aware of any actual or reasonably suspected unauthorised access to, disclosure of, loss of or compromise involving Personal Information received through the Platform, and shall reasonably cooperate with TryBookAfrica in investigating, containing and addressing the incident and meeting applicable legal obligations.

Roles and Data-Processing Arrangements

The parties acknowledge that their respective roles under POPIA depend on the nature and purposes of the processing activities undertaken.

Where TryBookAfrica and the Supplier independently determine the purposes and means of their respective processing activities, each party shall be responsible for complying with its own applicable legal obligations as a responsible party.

Where either party processes Personal Information on behalf of the other as an operator, the parties shall enter into appropriate written data-processing terms, where required by POPIA, addressing the permitted processing activities, confidentiality, security safeguards, incident reporting, assistance with Data Subject requests, retention or deletion, and any applicable cross-border transfers.

Neither party shall appoint a further operator or disclose Personal Information to another recipient except where authorised by the applicable agreement and permitted by law.

Retention and Deletion

The Supplier shall retain Personal Information only for as long as necessary to fulfil the relevant booking, meet legitimate operational requirements or comply with applicable legal obligations. Once retention is no longer justified, the Supplier shall securely delete, destroy or de-identify the information, unless continued retention is required or authorised by law.

Cooperation and Data Subject Rights

Each party shall reasonably cooperate with the other in responding to lawful requests from Data Subjects, investigating privacy complaints, complying with regulatory obligations and addressing incidents involving Personal Information processed under this Agreement.

12. Fraud, sanctions and prohibited activity

The Supplier must not use the Platform for unlawful, deceptive, discriminatory or fraudulent purposes. TryBookAfrica may conduct sanctions, identity, business, fraud or anti-money-laundering screening where legally permitted or required.

13. Suspension and termination

TryBookAfrica may suspend or remove a listing or Supplier Account for material breach, false information, fraud, regulatory risk, non-payment, safety concerns, repeated customer complaints, loss of required licence or other legitimate operational or legal reason, subject to applicable law and any contractual notice requirements.

14. Indemnity

To the extent permitted by law, the Supplier indemnifies TryBookAfrica against third-party claims, regulatory penalties and reasonable costs arising from the Supplier's unlawful conduct, materially false information, infringement of third-party rights, failure to deliver a confirmed Product, or breach of this Agreement, except to the extent caused by TryBookAfrica's own unlawful conduct or negligence.

15. Governing law and local mandatory law

The Agreement is intended to be governed by South African law unless a written commercial schedule or country addendum specifies otherwise. Mandatory laws of the Supplier's jurisdiction continue to apply.

16. Contact

legal@trybookafrica.com
TryBookAfrica [Pty] Ltd
Registration No.: 2021/652846/07
Registered office: 320 Slate Crescent, Stoneridge Country Estates, Monavoni, Centurion

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