TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS OF CONTRACT OF ECO TOURS & SAFARIS Unlimited 1. Interpretations, in these standard terms and conditions of contract: a. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate; b. unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa; c. "booking reservation" means safari or tour or trip or excursion booking d. ECO means ECO Tours & Safaris Unlimited, registered in Tanzania under registration number 2002 / / e. the client means the person / s named on the safari booking form (whether it be a provisional or confirmed safari booking form ) and who contracts with ECO on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a safari booking. Such agent, as well as the persons named on the provisional and the confirmed safari booking form, shall be jointly and severally liable to ECO for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto; f. "member / s" means any ECO Senior Office Management Staff g. services means the provision of hotel/lodge bookings, transfers, car hire, offers on tours and excursions for the client in Tanzania and Kenya. Such services include, but shall not be limited to the procurement by ECO, acting solely as agent for the client, with third party service providers, of hotel, lodge, backpackers and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the a foregoing. 2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT All and any business or contracts undertaken or advice, information or services rendered by ECO, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract. 3. ECO ACTING AS AGENT ONLY In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, ECO acts as agent only for and on behalf of the client in procuring the services. As such, ECO shall procure the services for and behalf of the client as agent for it with relevant third party service providers concerned. ECO shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned. 4. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS 4.1 All quotations given by ECO in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of ECO, shall be in the currency of United States Dollar. Such quotations shall be inclusive of Tanzania's value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. ECO reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party suppliers, such as airlines, providers of accommodation and entry fees and other third party suppliers, in respect of the services. 4.2 Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of ECO for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final, conclusive and binding on ECO and the client, and accordingly not subject to appeal. 4.3 All payments to be made by a client to ECO shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to ECO by way of cash, direct transfer, forex transfer or by credit card. A 5% surcharges apply for Traveller's Cheques & Credit Card Payments. The client shall provide ECO forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference for the safari booking shall at all times be reflected on the proof of payment. 4.4 All payments due by a client to ECO shall be made no later than 3 working days after confirmation of a safari booking by a client. 4.5 Although ECO strives to ensure that all rates displayed on sites are correct and accurate, ECO reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties/ property groups, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to ECO, on demand. 5.a ITEMS NOT INCLUDED IN BOOKING Certain items are not included in the cost of the booking. These costs are the responsibility of the client including, but without limiting the generality of the a foregoing, the costs of insurances as referred to in clause 10 below, insurance cover for cancellation and curtailment, repatriation costs, medical expenses, flights, emergency evacuation, protective gears, equipment, gratuities and beverages, optional meals and any optional excursion not reflected on the safari booking reservation. Furthermore, all costs with regard to any complying with any special requirements, as outlined in paragraph 6.2 below, shall be borne by the client. 5.b ITEMS INCLUDED IN BOOKING All the transport, game drive and transfers within Tanzania or Kenya in accordance to the detailed itinerary communicated prior between client and ECO, accommodations in a lodge and/or hotel, park fees, crater services, armed ranger salary in case of walking safari within the park, ECO driver guide, cook in case of a camping safari, packed lunch boxes, mineral water in case of picnic lunches, camping fees in case of camping safaris. 6. BOOKING PROCEDURE 6.1 In order to secure a provisional reservation for the services required by a client, the client shall complete in writing and dispatch to ECO a provisional safari booking reservation form. Simultaneously, the client shall pay ECO a non-refundable deposit of 30% (Thirty percent) of the quoted cost for the services. In the event of the deposit not being paid aforesaid, the provisional booking shall lapse. Client must provide the correct names of client/s and for tours and/or safaris, required are the clients full name,nationality, full address and flight arrivals details. Upon receipt by ECO of the balance of the monies due from the client 60 days prior to departure, the provisional booking shall be confirmed. In the event of the client wishing to amend his reservation in any way, ECO may elect, in its sole discretion and without obligation, to do so, in which event it shall be entitled to charge an amendment fee of 5%, three percent of the booking, which shall be payable by the client in accordance with these standard terms and conditions. 6.2 The client shall advise ECO in writing on the booking reservation form of any special requests, needs or facilities required by him due to medical needs, requirements relating to disabilities, special dietary requirements and refrigeration for the storage of insulin and other medically prescribed drugs, and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be borne by the client and payable on demand. 6.3 The client shall be provided similar option in case a tour, hotel or lodge is fully booked. 7. CANCELLATIONS AND REFUNDS 7.1 Cancellations of confirmed bookings may only take place according to the procedure outlined in this clause. All requests for cancellations shall be made by the client in writing to ECO and shall only be effective on the date of actual receipt by ECO. The following cancellation fees shall be applicable and shall be calculated by reference to the total booking cost (TBC) of the services booked for by the client. ECO entitled to act as agent or principal with regard to the provision of the services. 56 days or more notice 75 percent of the TBC shall be refunded 55 - 49 days notice is given 50 percent of the TBC shall be refunded 48 - 42 days notice is given 25 percent of the TBC shall be refunded 41 - 35 days or less notice given no refund of the TBC shall be made 7.2 No refunds shall however be made to clients who make bookings less than 35 days prior to embarkation (for this purpose, embarkation shall mean the date on which a client is booked to commence travel or to commence an excursion for which the services are booked which ever is the greater), nor shall refunds be given to clients who arrive early, late or who do not show for a booking. In the event of a client during the course of a booking terminating it for whatever reason, no refund shall be made unless with the prior written approval of a member of ECO. Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies. 7.3 Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions and administrative charges: Refunds to credit cards: the relevant cancellation fee, less a 5 percent credit card surcharge and a 50US$ administrative charge. Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by ECOs bankers, less a 50US$ administrative charge. Forex transfers: the relevant cancellation fee, less actual bank charges debited by ECOs bankers, less a 50US$ administrative charge. Cash payments: the relevant administration charges, less actual bank charges debited by ECOs bankers, less a 50US$ administrative charge. 8. RIGHT OF RETENTION Until such time as ECO has received payment in full for the services as set out in the confirmed safari booking, all documentation, including without limited the generality thereof, airline tickets, vouchers for accommodation, excursions, meals and entry fees (all of which hereinafter referred to as the documents ) will not be issued or handed over to the client. The provisions of this clause shall entitle ECO so as to give it a right of retention or lien in respect of the documents. 9. ALTERATIONS TO ITINERARIES 9.1 ECO has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure , the definition of which including war, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other external circumstances beyond ECOs control. 9.2 Any extra costs and expenses occasioned as a result of an alteration to or cancellation of itineraries as provided for in clause 9.1 above shall be payable by the client on demand by ECO. 9.3 ECO may further in its sole discretion cancel or terminate a clients booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behaviour of the client, who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause 9.3 shall be payable by the client on demand. 10. INSURANCE 10.1 The client shall be responsible for arranging and effecting adequate insurance cover to ensure that he carries comprehensive travel and medical insurance cover in order to cover himself, his dependants and / or traveling companions for the duration of the booking for which he has reserved. This insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a safari booking reservation; emergency evacuation and medical expenses; personal injury, repatriation expenses; damage / theft / loss of personal baggage, money and goods. 10.2 Under no circumstances shall ECO, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a client, his dependants or travelling companions with regard to, but not limited to, the above eventualities. Clients will be charged direct for any emergency evacuation, repatriation and medical expenses be the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned. 11. VACCINATIONS & HEALTH 11.1 It is the clients responsibility to be aware of malaria, yellow fever and other potential diseases when travelling to Africa. The client must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. The client shall therefore prior to embarking for the services for which is booked attend at medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. ECO does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations. 11.2 Clients should be medically fit, in good health and able to embark upon a trip. If the Client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their trip. In some cases, the Client will be required to provide a medical statement from a medical practitioner to confirm that they are fit for tour or trip. ECO and its representatives will treat all information in the strictest confidence. Health Warnings: Malaria and Yellow Fever, Health Issues: 'Own Medication Responsibilities, Insurances, Emergency Medical Evacuation Insurance, are all extensively detailed on this ECO Tours & Safaris website. 12. PASSPORTS, VISAS AND MEDICAL REQUIREMENTS The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependants and travelling companions are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including travellers cheques where applicable. ECO does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that countrys medical requirements, ECO shall not be liable for any costs of whatsoever nature occasioned thereby. 13. DISCLAIMER OF LIABILITY 13. 1 ECO shall not be liable to the client for any claim of whatsoever:- nature in connection with the provision of the services ( whether in contract or delict ) and whether for damages for personal injury or to property , howsoever arising, including, but without limiting the generality of the aforesaid:- a. any negligent act or omission or statement by ECO, its servants or agents; b. any grossly negligent act or omission or statement by ECO, its servants or agents; unless: i. such claim arises from the willful misconduct of ECO, its servants or agents; ii. ECO receives written notice from the client no later than 4 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against ECO. 13.2 Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, ECO shall under no circumstances whatever, be liable for any indirect or consequential loss / es, howsoever caused or suffered by the client. 14. CONSENT TO RISKS ASSUMED The client consents to the risks inherent in wildlife adventure travel and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk. 15. AIR TRAVEL 15.1 Air transportation costs and categories will be client's responsibility as ECO does not handle her clients from the ground unless otherwise stated. Please note that fares may increase between time of booking, time of payment and the ticket being issued. ECO is not responsible for the client's air travel,.... 15.2 ECO cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to ECO on demand. 15.3 Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. ECO cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process, it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers. 20. JURISDICTION 20.1 Subject to the provisions of clause 20.3 below, any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered into pursuant thereto, shall be instituted in the Arusha City branch of the High Court of Tanzania, which shall have exclusive jurisdiction to hear and determine such legal proceedings. Generally should any legal dispute arise it must be settled in Arusha - Tanzania. 20.2 To the extent as may be necessary, the client hereby consents and submits to the jurisdiction of the said court, as referred to in clause 20.1 above. 20.3 Notwithstanding the provisions of clause 20.1 above, ECO shall have the discretion to institute legal proceedings against a client in Magistrates Court having jurisdiction notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said Court. 21. VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT No variation or alteration of these standard terms and conditions of contract shall be binding on ECO unless embodied in a written document signed by a member of ECO. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both. 22. NON-WAIVER No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppal against ECO in respect of its rights herein, nor shall it operate so as to preclude ECO thereafter from exercising its rights strictly in accordance with these standard terms and conditions.
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