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PAYMENTS TERMS & CONDITIONS
When you book a holiday or a
safari with us, you are
entitled to some rights
which we would like you to
understand by reading this
page carefully. We consider
that once you remit your
safari deposit to us, you
have agreed to these "Terms
& Conditions" and as per the
'Inclusions & Exclusions'
stipulated on your
itinerary. Please take your
time to read them carefully.
1) Validity
All prices are based on
current tariffs and validity
is as indicated.
2)Reservations and Payments
(A)
Reservations
should be made by contacting
EYES ON NATURE EXPEDITIONS,
at the address indicated
here.
safaris are booked and
confirmed only on receipt of
a 50% advance payment of the
basic safari rate. This
advance payment is due
within five (5) days of
making the reservation.
Balance due should be paid
not more than 30 days prior
to the commencement of the
safari.
(B)
However full
payments are required for
the following services;
• Flight reservations and,
• Hotel bookings .
(C)
There shall be
no binding contract until
the advance payment has been
received by EYES ON NATURE
EXPEDITIONS. Failure to
remit your advance payment
on time will result in an
automatic change of status
of any confirmed space to a
provisional basis and the
possible inability to
reinstate your reservation.
When EYES ON NATURE
EXPEDITIONS receives your
advance payment, a booking
reference number will be
assigned and noted on your
original invoice. This
number shall be deemed to
constitute acceptance and
confirmation of your booking
(D)
Payments
(deposit & final balance)
may be made by direct bank
transfer to our Nairobi bank
account (details will be
included with our
confirmation invoice) or by
credit card (see below).
(i)Payment
by credit cards
We also accept
payment by credit card (Visa
or MasterCard) through our
online payment system with
PSBIL(payments Solutions
and Billing Services). Once
your booking is confirmed &
your sales consultant has
emailed you the invoice
(showing the amount due in
US dollars), you will then
receive an email from
info@eyesonnatureexpeditions.com
or
booking@eyesonnatureexpeditions.com,
sales@eyesonnatureexpeditions.com which
will have a link that
directs you to our secure
online payment system, where
you can enter your credit
card details and process
your payment.
A processing fee is charged
for payment by credit card
by psbill payment solutions
and billing services.
Payments are billed in US
dollars for the deposit or
the final balance using the
Kenya shilling - dollar
exchange rate applicable on
the date when the card is
charged.
(ii) Payments by wire
transfer
Alternatively,
payments can be made by wire
transfer. Bank and account
details will be sent to you
once your booking is
confirmed & your sales
consultant has emailed you
the invoice (showing the
amount due in US dollars)
E)
The balance is
due no later than 30 days
prior to commencement of
your safari, unless
otherwise agreed with your
Eyes On Nature Expeditions
sales consultant. If the
balance has not been
received by that date, EYES
ON NATURE EXPEDITIONS shall
be entitled in its
discretion to treat your
reservation as canceled, and
consequently to forfeit such
part of the advance payment
as determined solely by EYES
ON NATURE EXPEDITIONS
CANCELLATION POLICY (see
paragraph 2 A below).
F)
Any reservation
made within 6 weeks of
commencement of a safari may
be accepted provided space
is available, payment in
full is received, and
provided that documents can
be delivered prior to
departure.
G)
EYES ON NATURE
EXPEDITIONS will not provide
tickets, coupons, vouchers
or documents until full
payment has been received by
EYES ON NATURE EXPEDITIONS
H)
EYES ON NATURE
EXPEDITIONS will not accept
responsibility for wire
transfer and / or overnight
mail charges.
I) No client will be
permitted into the tour
without payment in full
being received by EYES ON
NATURE EXPEDITIONS
J) Special airfares are
capacity controlled and
often sold out months in
advance. In addition, many
ACCOMMODATION s offered by
EYES ON NATURE EXPEDITIONS
have a limited capacity. It
is essential to make
reservations well in advance
to insure your preferred
arrangements.
3) Cancellation and Refunds
A)
In the event of
cancellation or variation of
services for whatever
reasons Eyes on Nature
Expeditions shall be
entitled to charge
cancellation fees as set out
hereunder:
• Cancellations received
between 30 days and 10 days
prior to commencement of
Services shall be charged at
25% of the total cost of
Services.
• Cancellation received
between 9 days and 2 days
(48 hours) prior to
commencement of Services
shall be charged at 75% of
the total cost of the
services.
• Cancellation received
within 2 days (48 hours) or
after commencement of
Services shall be charged at
the full cost or 100% of the
Services.
• The liability to reimburse
the Company for the
cancellation fees
non-refundable booking fee
no show fees administration
fee and the like shall in no
way limit or restrict the
general rights of the
Company to collect damages
for breach of Contract.
B)
If you are a "no
show", EYES ON NATURE
EXPEDITIONS shall be
entitled to treat your
reservation as canceled
without having given EYES ON
NATURE EXPEDITIONS any
notice, and the provisions
of Paragraph 2(A) shall
apply.
C)
Any request to
amend or change a booking
once it has been confirmed
may be accommodated subject
to space availability. If
EYES ON NATURE EXPEDITIONS
is able to assist, an
administrative fee of $100
per change will be assessed.
These fees will be added to
your final invoice.
D)
No refunds are
given (1) for lost travel
time or substitution of
facilities, (2) for
itineraries amended after
departure, (3) for
circumstances arising beyond
the control of EYES ON
NATURE EXPEDITIONS,
necessitating alternative
arrangements being made to
ensure the safety and / or
further participation and
enjoyment of your safari,
(4) if you do not appear for
any ACCOMMODATIONS , service,
sightseeing or trip segment
without notifying EYES ON
NATURE EXPEDITIONS, or (5)
if you leave your safari
after it has begun, or miss
any scheduled sightseeing,
activities, meals or
ACCOMMODATIONS
E) Non-payment by the date
for commencement of services
In the event that
the Company has not received
payment in full by the date
for commencement of
services, then the company
reserves the right in its
absolute discretion to
withhold all or any of the
Services and the Company
shall be entitled to collect
the outstanding payment from
the Client direct and to
recover from the Organizer
all cancellation fees which
they are entitled to charge
as per paragraph 2 (A)
above. The Company shall not
be required to notify the
Organizer and Retailer or
the Client prior to the date
of commencement of Services
that the Services or any
part of the Services will be
withheld.
TERMS AND CONDITIONS
OF BOOKING:
These terms and
conditions govern the
relationship between EYES ON
NATURE EXPEDITIONS and you.
To the total exclusion of
any other terms and
conditions. No alterations
to the terms and conditions
may be made by any
unauthorized employee of
EYES ON NATURE EXPEDITIONS
authorized representatives
or agents, unless in writing
by an authorized employee of
EYES ON NATURE EXPEDITIONS.
All decisions and matters
subject to the discretion of
EYES ON NATURE EXPEDITIONS
shall be made by an
authorized officer or
employee of EYES ON NATURE
EXPEDITIONS.
1.Tour Arrangements:
The Company will
use their best endeavors to
ensure that the transport,
ACCOMMODATION , meals and
other agreed services
(herein called "Services")
provided are fully in
compliance with the Services
which the Company have
contracted to provide but
the liability of the Company
for breach of contract is
restricted to liability
where by the negligence of
themselves, their servants
or agents all or some
services are not provided in
which event the Company
shall compensate the Client
only for the actual costs of
the Service which were to
have been provided excluding
all consequential damage
whatsoever and whosesoever
suffered or incurred
including but not limited to
the costs of air fares to
and from Kenya and Tanzania
or any other incidental or
indirect costs whatsoever.
In case of any failure to
provide any Service
contracted for, the Company
shall have the right to
substitute alternative
services of equal value
subject always to such
services being available.
2. Without prejudice to the
generality of the foregoing:
The company accepts no
liability in the event of
Services not being carried
out or being altered by any
matter whatsoever beyond
their control. Such matters
include but are not limited
to the closure of National
Parks, Sanctuaries, Lodges
and roads, the impassibility
of roads and such like
matters and the Company
reserves the right to make
such alterations to the
itinerary when in their sole
judgment it is deemed
necessary or desirable for
the comfort, convenience or
safety to Clients.
The Company accepts no
liability for alleged
inferior or inadequate
Services or transportation
vehicles or for the
negligent careless or
wrongful acts or omissions
of hotel keepers, inn
keepers, lodge keepers and
such like persons and their
servants and agents or any
other person not in the
employment of the Company.
The Company accepts no
liability for damages
directly or indirectly
arising out of delay in
departures or arrivals
occasioning the missing of
road, rail, ship or aircraft
connections.
The Company accepts no
liability for airline
reservations and
reconfirmations or any
liability for damages
arising from any changes of
airline schedules,
cancellation of flights or
errors and mistakes made by
airline offices or travel
agents. As regards all
dealings with or for any
Client relating to or
touching upon air travel
airports, air bookings ,
travel agents and airlines,
the Company legal
relationship and standing is
merely that of an
intermediary between such
third parties and the Client
without any liability to or
for either parties such
negation and waiver of
liability being in all
respects a pre-condition of
all contracted relationships
between the Client and the
Company. In consequence
Clients are advised to
protect their interest by
insurance and careful
attention to all
documentation supplied to
them by all such third
parties.
The Company accepts no
responsibility or liability
in the event that Services
of equal value having been
offered to Clients are
declined. The company may in
their discretion employ
sub-contractors to carry out
all or any part of the
Services in which event the
exemptions provided by this
condition and condition 7
and 8 below for the benefit
of the Company shall be
deemed to apply also to the
sub-contractor.
3) Tour Price Variations:
The tour price quoted in
this website is subject to
change without prior notice;
EYES ON NATURE EXPEDITIONS
will confirm all prices
before you book your
holiday. Your holiday
dossier will indicate what
is and what is not included
in the tour price. Flights
to and from Africa are NOT
included in the cost of the
safaris in the itineraries.
EYES ON NATURE EXPEDITIONS
will supply you with all the
information you require so
that you can book the
flights through your local
Travel Agent or with the
Airline direct. The Company
reserves the right to
increase all or any of the
prices without prior
reference to the Client in
any of the following events:
Official devaluation or
revaluation of the local
currency as against the
United States Dollar, the
Sterling Pound or the
currency of the country in
which the booking is made
(if different).
Any statutory increase in
taxes or other dues imposed
by the Kenya or Tanzania
Governments or any officer
or agent thereof;
Any increase in Kenya and
Tanzania in the price of
aviation fuel or motor
vehicle fuel or any other
increase in the cost of
transport which forms part
of the Services;
- Any increase in the cost
of ACCOMMODATION or meals
forming part of the
Services;
- Any increase in entrance
fees to national parks,
national reserves and
sanctuaries and any other
entrance fees forming part
of the Service;
- Any other increase in the
Company operating costs or
cost of providing the
Services which are
4) For Your Information
A)
EYES ON NATURE
EXPEDITIONS acts as booking
agent for hotels, airlines,
air charters, bus companies,
ground transportation, boat
purveyors or owners, and
other independent
contractors providing
ACCOMMODATION s,
transportation and / or
other services abroad. Each
of these companies is an
independent corporation with
its own management and is
not subject to the control
of EYES ON NATURE
EXPEDITIONS, including, but
not limited to, various
overseas ground operators.
B)
All bookings
like those described above
are accepted by EYES ON
NATURE EXPEDITIONS as agent
for independent overseas
ground operators. The
transportation,
ACCOMMODATION s and other
services provided by ground
operators are offered
subject to the terms and
conditions contained in the
tickets, exchange orders or
vouchers issued by them or
their suppliers.
Because EYES ON NATURE
EXPEDITIONS does not have
the right to control the
operations of the
independent operators and
their suppliers, EYES ON
NATURE EXPEDITIONS cannot be
held liable for any personal
injury or property damage
which may arise out of these
services. EYES ON NATURE
EXPEDITIONS reserves the
right to cancel any
itinerary or any part of it,
to make such alterations in
the itinerary as it deems
necessary or desirable, to
refuse to accept or to
retain as a member of any
safari any person at any
time, and to pass on to
safari members any
expenditure incurred by
delays or events beyond its
control. In case of an
appreciable variation in
cost, EYES ON NATURE
EXPEDITIONS reserves the
right to adjust its rates.
5) Risks
A)
EYES ON NATURE
EXPEDITIONS draws your
attention to the fact that
there are certain inherent
risks involved in
participating in the type of
trips sold by EYES ON NATURE
EXPEDITIONS You will be
required to sign a Release
to acknowledge this warning
and also to release and hold
harmless EYES ON NATURE
EXPEDITIONS from any damages
that may result.
B)
It is your sole
responsibility to take all
appropriate medical advice
prior to departure as to
whether or not you are fit
enough to undertake the trip
booked. EYES ON NATURE
EXPEDITIONS shall not be
liable for any illness,
injury or death sustained on
a safari sold by EYES ON
NATURE EXPEDITIONS which is
not due to the gross
negligence of EYES ON NATURE
EXPEDITIONS Its officers,
employees, authorized
representatives or agents
whomsoever.
6) Force Majeure
A)
"Force Majeure"
means, in relation to EYES
ON NATURE EXPEDITIONS any
circumstances beyond the
reasonable control of EYES
ON NATURE EXPEDITIONS
(including, but without
limitation, acts of nature,
explosion, flood, tempest,
fire or accident, war or
threat of war, sabotage,
insurrection, civil
disturbance, or requisition,
sickness, quarantine,
government intervention,
weather conditions or other
untoward occurrences).
B)
If EYES ON NATURE
EXPEDITIONS is affected by
Force Majeure it shall
forthwith notify you of the
nature and extend thereof.
C)
EYES ON NATURE
EXPEDITIONS shall not be
deemed to be in breach of
these terms and conditions
or otherwise be liable to
you, by reason of delay in
performance, or by
non-performance, of any of
its obligations hereunder to
the extent that any such
delay or non-performance is
due to any Force Majeure.
D)
If EYES ON
NATURE EXPEDITIONS is
affected by Force Majeure it
shall be entitled to, and
may in its sole and absolute
discretion, vary or cancel
any itinerary or arrangement
in relation to the trip.
Payment of any refund by
EYES ON NATURE EXPEDITIONS
to you as a result of the
non-performance of any of
the obligations of EYES ON
NATURE EXPEDITIONS hereunder
shall remain in its sole and
absolute discretion,
although EYES ON NATURE
EXPEDITIONS shall use its
reasonable endeavors to
reimburse you where
possible. However, EYES ON
NATURE EXPEDITIONS shall be
entitled to deduct from any
refund recoverable the
reasonable actual and
potential costs to EYES ON
NATURE EXPEDITIONS of the
Force Majeure.
E)
Regarding civil
unrest, once EYES ON NATURE
EXPEDITIONS has investigated
the prevailing situation as
it deems fit, it shall
remain in the sole
discretion of EYES ON NATURE
EXPEDITIONS whether to
proceed with the trip. You
may in such circumstances
cancel the trip. However,
if, after having made all
reasonable and proper
inquiries, EYES ON NATURE
EXPEDITIONS is of the
opinion that the trip may
proceed, no refund will be
payable to you and the
provisions of Paragraph 2
shall apply.
7) Insurance
EYES ON NATURE EXPEDITIONS
strongly recommends that you
obtain the following types
of insurance which are
commercially available:
Emergency Medical Evacuation
Major Medical
Accidental Death and
Disability Trip Cancellation
Loss of Personal Effects
8) Surcharges and Exchange
Rates
A)
Although EYES ON
NATURE EXPEDITIONS hopes
that it would not need to
levy surcharges it reserves
the right to do so on the
invoice amount, if this
becomes necessary. EYES ON
NATURE EXPEDITIONS will
endeavor to notify you in
writing as soon as it is
ware of any likely
surcharge, and you must pay
the amount of such surcharge
no later then ten (10) days
after written notification
has been received (depending
on the circumstances). If
the surcharge is not paid
within such time, EYES ON
NATURE EXPEDITIONS may
construe such non-payment as
an act of cancellation on
your part and the provisions
of Paragraph 2 shall apply.
B)
Rates used in the
safaris
are based on tariffs
and exchange rates valid at
the time of printing and
advertising
safaris
. Should
a rate vary against the U.
S. Dollar by more than 3%,
EYES ON NATURE EXPEDITIONS
reserves the right to
recalculate the safari cost
and apply the differential
as a surcharge. Any refund
made by EYES ON NATURE
EXPEDITIONS shall be in its
absolute and sole
discretion.
9) Carriage by Land, Sea and
Air
A)
Carriage
by Land, Sea and Air is
subject to the terms and
conditions of the carrier
with whom you travel and to
international conventions -
some which may limit
liability. Land, Sea and Air
travel are also subject to
operational decisions of
carriers and sea ports which
may result in cancellations,
delays or diversions, over
which EYES ON NATURE
EXPEDITIONS has no control
and for which EYES ON NATURE
EXPEDITIONS accepts no
liability whatsoever.
B)
The passenger
contract in use by the
airline carriers concerned,
when issued, shall
constitute the sole contract
between the transportation
companies and the purchaser
of these programs and / or
the passengers.
10) Baggage
Temporary or permanent loss
of baggage is the
responsibility of you or the
carrier. Please note that
when traveling by light
aircraft during your safari,
space is limited, and
luggage is limited to a
weight restriction of 26
lbs. per passenger, and ONLY
soft luggage or duffel bags
are allowed. No hard
suitcases are allowed, and
NO EXCEPTIONS will be made.
11) Travel Documents and
Vaccinations
It is your responsibility to
ensure that passports,
visas, travel permits,
health certificates,
inoculations, international
driving license, or other
documentation required for
the trip are obtained and
are in order.
It is your responsibility to
meet any additional costs
incurred by yourself or by
EYES ON NATURE EXPEDITIONS
on your behalf as a result
of any failure by you to
comply with such
requirements. Anti-malaria
precautions should be
commenced prior to
departure. Please consult
your physician for more
details. Safari clients
should bring their own
insect repellant as this is
often not available in the
camps.
12) Special Requests
You must advise EYES ON
NATURE EXPEDITIONS in
writing of any special
requests, i.e. diet,
facility or physical
handicap, when you submit
your reservation request to
EYES ON NATURE EXPEDITIONS,
which
will be met if possible.
13) Information in
Brochures / Electronic
Advertisements
All information given in any
brochure or otherwise
advertised, (including
electronic advertisements on
the Internet) is, to the
best of EYES ON NATURE
EXPEDITIONS safaris AND
Vacation’s knowledge,
correct, but EYES ON NATURE
EXPEDITIONS reserves the
right to change same. The
photographs reproduced and
information provided depict
typical scenes experienced
and details on each
destination; but the subject
matter may not necessarily
be seen or experienced while
visiting that destination.
14) Photography
EYES ON NATURE EXPEDITIONS
reserves the right without
further notice to make use
of any photography or film
taken on this safari by any
staff member, safari guide
or operator for general
purposes without payment or
permission.
15) Disputes
If you have any cause for
complaint while on safari,
you must immediately bring
it to the attention of the
local representative of EYES
ON NATURE EXPEDITIONS or
agent, who will attempt to
resolve the situation.
16) Consent
The payment of the advance
payment OR any partial
payment for a reservation on
a safari constitutes consent
to all provisions of the
conditions and general
information contained in any
brochure (electronic or
otherwise), invoice and
travel documents. The terms
under which you agree to
take these
safaris
cannot be
changed or amended, except
in writing, signed by an
authorized officer of
employee of EYES ON NATURE
EXPEDITIONS
17) Conditions of Booking
You shall comply with
instructions of any
representative of EYES ON
NATURE EXPEDITIONS, safari
guide or local ground
operator at all times. No
client shall be accepted or
be permitted to continue on
a safari while their status
or mental or physical
condition is, in the opinion
of any representative of
EYES ON NATURE EXPEDITIONS,
safari guide or local ground
operator, such as to render
them incapable of caring for
themselves or make
themselves objectionable to
other safari clients or
become a hazard to
themselves or other safari
clients and EYES ON NATURE
EXPEDITIONS will not be
responsible for expenses by
such persons precluded from
completing the safari for
this reason.
18) Sales Made Through Other
Agents
Any other duly appointed
General Sales Agents are
merely Agents for the
Company and all contracts
entered into by the
Organizer shall be deemed to
have been made directly with
the Company. All contracts
made other than directly
with Company are subject to
ratification by the Company.
19) Notice of Enforceability
Please remember, when you
book travel related services
with EYES ON NATURE
EXPEDITIONS, you are
entering into a binding
agreement that assumes all
terms and conditions are
fully understood as stated
in this document.
Disclaimer:
Though prepared with great
care, information shown
within EYES ON NATURE
EXPEDITIONS directory
http://www.eyesonnatureexpeditions.com
is for reference purposes
only. We do not accept any
liabilities for any changes,
errors or omissions nor for
any resultant or
consequential charges or
liabilities incurred by any
organization or individual.
IMPORTANT:
These terms and conditions
shall apply to all contracts
made by EYES ON NATURE
EXPEDITIONS with any client.
However, the expression
"Client" in these conditions
shall not apply to a person,
firm or company booking
through a tour organizer,
retail agent or other third
party. No subsequent
agreement in any way
altering these terms and
conditions shall be binding
on the Company unless made
in writing and signed by an
authorized officer of the
company.
All references to the
"Company" in these terms and
conditions shall mean Eyes
On Nature Expeditions, a
limited company incorporated
in Kenya. All references to
"Clients" shall mean the
person, firm or company
contracting with the Company
for Services (hereinafter
defined) to be provided by
the Company to such person,
firm or company and shall
also mean and include any
person in any party
accompanying or paid for by
such person, firm or company
and the personal
representatives and states
of all such persons.
EYES ON NATURE
EXPEDITIONS
does not
warrant the correctness or
completeness of any
information and opinions
provided by companies or
individuals illustrated,
advertised or named within
these pages. All such
information or opinions are
furnished for reference
purpose only.
Nothing here will construe a
representation of the
opinion of EYES ON NATURE
EXPEDITIONS
and none of
such information shall be
regarded as a recommendation
or warranty by
EYES ON
NATURE EXPEDITIONS
for
any purpose whatsoever in
respect of any person,
organization, product or
service.
© Copyright 2009 Eyes On
Nature Expeditions - All
rights reserved.
Website:
www.eyesonnatureexpeditions.com
E-mail:
info@eyesonnatureexpedtions.com
or
eyesonnature@yahoo.com
For the transfer
of money through
cheque or wire
transfer, please
use the
following
details
Account Name:
EYES ON NATURE
EXPEDITIONS
Bank: Barclays Bank
of Kenya Ltd.
Branch: Queensways,
P.O BOX 30011,
00100 Nairobi
Street: Mama Ngina
Account No.:00948819813
Swift Code: BARCKENX.
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