Dolphin Dhow Safari Booking Terms and Conditions
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This written contract, also referred to as an Dhow / Boat Excursion ]Booking Agreement, is available in electronic form on our website at all times and can also be provided to customer via postal mail upon request.
This agreement, made this day of
1. Customer wishes to book for a Dhow / Boat Excursion along the Kenyan Coast, and has sought the services of TOMASI Holidays Africa in connection with booking and arranging for a Dhow / Boat Excursion; specifically, customer intends to secure a Dhow / Boat Excursion on dates as per booking request via e-mail, phone, in person, fax, or on completion of the reservation online. TOMASI Holidays Africa will supply information in writing, telephone, email, website, fax or any other means; any booking information supplied in writing, telephone, email, fax or any means, will form part of this booking agreement
2. The entire price of the Dhow / Boat Excursion booking shall be paid by customer to TOMASI Holidays Africa, or to any other party as directed by the Management of TOMASI Holidays Africa, no less than five (5) days prior to the initial date of the Dhow / Boat Excursion, provided that if TOMASI Holidays Africa receives customer's initial Dhow / Boat Excursion request within such five (5) days, customer shall tender full payment of the price to TOMASI Holidays Africa upon TOMASI Holidays Africa's receipt of such Dhow / Boat Excursion request. For purposes of this agreement, TOMASI Holidays Africa's receipt of any request for Dhow / Boat Excursion or cancellation or modification of any portion of the Dhow / Boat Excursion by customer shall not be deemed as received by TOMASI Holidays Africa until actual physical receipt of same by TOMASI Holidays Africa. In the event that customer fails to tender the price of the Dhow / Boat Excursion to TOMASI Holidays Africa when due, TOMASI Holidays Africa reserves the right to cancel such Dhow / Boat Excursion without prior notice to customer, and further, customer shall be responsible for any actual costs incurred by TOMASI Holidays Africa relating to such cancellation. In the event that customer cancels his/her/their Dhow / Boat Excursion subsequent to a timely tender of the full price of the Dhow / Boat Excursion to TOMASI Holidays Africa, TOMASI Holidays Africa reserves the right to charge customer with a cancellation fees in accordance with the following:
A) if cancellation is made by the customer on or prior to fourteen (14) days from the date of the customer's Dhow / Boat Excursion date booked for on their behalf, customer shall be charged with a fee equivalent to fifty (50%) percent of the price of the entire Dhow / Boat Excursion;
B) if cancellation is made by the customer on or prior to seven (7) days from the date of the customer's Dhow / Boat Excursion date booked for on their behalf, customer shall be charged with a fee equivalent to seventy-five (75%) percent of the price of the entire Dhow / Boat Excursion; and
C) if cancellation is made by the customer three (3) days or less to the date of the customer's initial Dhow / Boat Excursion date booked for on their behalf, customer shall be charged with a fee equivalent to one hundred (100%) percent of the cost of the entire Dhow / Boat Excursion.
Transfer of booking is not permitted or possible.
TOMASI Holidays Africa shall not be obligated or required to tender any interest on any monies paid by customer to TOMASI Holidays Africa in connection with the price of the Dhow / Boat Excursion, and customer herein expressly waives any claim to recovery of same from TOMASI Holidays Africa.
Travel insurance is not included in cost of any TOMASI Holidays Africa Dhow / Boat Excursion booking services. Customer is required to purchase travel insurance when booking any Dhow / Boat Excursion services with TOMASI Holidays Africa. Customer's insurance policy should at least cover cancellation charges, unexpected curtailment of customer's holiday, medical expenses arising overseas, loss or damage to luggage and personal liability claims. Customer agrees to assume the risk of any injury or mishap, including failure to obtain adequate medical services, to evacuate or supply medical treatment, evacuation or any other emergency services that may be required. Should customer elect not to effect suitable travel insurance cover despite this advice, then customer undertakes on behalf of them self and all members of their party to indemnify both TOMASI Holidays Africa and our ground agents / carriers and representatives (as applicable) for any costs that arise which would otherwise have been met had such insurance cover been taken out.
TOMASI Holidays Africa highly recommends customer purchase travel insurance from a reputable & reliable company. If reasons for cancellation are covered under insurance policy terms, customer may be able to reclaim the cancellation costs. Customer is urged to read terms of conditions and policy in full before purchasing travel insurance. Customer will be responsible for advising TOMASI Holidays Africa on the insurance policy selected. Customer may also fax copies of their travel policy for their convenience and safe keeping during the duration of their association with TOMASI Holidays Africa.
Amending or changing any Dhow / Boat Excursion after a reservation has been received AND confirmed by TOMASI Holidays Africa will constitute a cancellation and will be subject to the cancellation charges set out in 2 (A), (B) and (C) above. Any amendment will require a re-booking service fee of us €25. TOMASI Holidays Africa will make every good faith effort to negotiate or reclaim as much monies as possible from service providers either by refund, and/or modification or postponement of services to a later date.
3. TOMASI Holidays Africa will make all Dhow / Boat Excursion arrangements associated with the items listed in the booking request, which booking is subject to change, including, but not limited to, price and Dhow / Boat Excursion venue.
In the event of any change or alteration in the Dhow / Boat Excursion booking, TOMASI Holidays Africa will take the following action:
A) communicate with the customer about any applicable changes, which will include revised prices, logistics and Dhow / Boat Excursion information. If customer accepts all these changes verbally or in writing, the revised prices, logistics and Dhow / Boat Excursion venues will form part of this booking agreement.
B) in event customer cannot be reached, is not available or does not respond to TOMASI Holidays Africa's communication, in good efforts, TOMASI Holidays Africa will organize an equivalent or superior Dhow / Boat Excursion to avoid unavailability of Dhow / Boat Excursion upon customers arrival.
4. Tender of requests, refunds and price
As noted above, all requests and monies tendered to TOMASI Holidays Africa by customer shall not deemed received by TOMASI Holidays Africa until actual physical receipt of same by TOMASI Holidays Africa. However, customer may utilize any reasonable method of written or electronic communication in order to tender any such requests and price to TOMASI Holidays Africa, and in the event of any such request and/or monies, customer shall be obligated to retain proof of receipt of same by TOMASI Holidays Africa, and failure to retain same shall be deemed as an express waiver by customer of its right to formally or informally contest any issues relating, directly or indirectly, out of any such tender of monies or request of which customer has failed to retain proof of receipt of same by TOMASI Holidays Africa.
TOMASI Holidays Africa shall not discuss, negotiate, or accept tender of any request or monies by a minor, either as a customer or as a representative of customer, and any such discussion, negotiation or tender shall be void, and not merely voidable. Moreover, customer must fully disclose the names, date of birth and relationship to customer of any and all minors who will be accompanying customer, and irrespective of the legal relationship between customer and any such minor or minors, customer hereby accepts full financial and legal responsibility for any damages arising from any actions or inactions of any such minor. However, TOMASI Holidays Africa reserves the right to pursue any and all legal recourse in connection with any such damages caused, directly or indirectly, by such minor, which legal recourse may, at the sole discretion of TOMASI Holidays Africa include other parties other than customer who are otherwise legally responsible for the actions or inactions of any such minor.
6. Dhow / Boat Excursion
pre-planning, confirmation and changes
It is highly unlikely that TOMASI Holidays Africa will have to make any changes to customer's Dhow / Boat Excursion request's and arrangements, unless force majeure is encountered. However, it may be necessary to make changes and TOMASI Holidays Africa reserves the right to do so at any time. Most of these changes will be minor and TOMASI Holidays Africa will advise customer or customer's travel agent of them if practicable and time permitting. Examples of minor changes, if applicable, include alteration of customers dhow /boat excursion to another of the same standard and generally within the same geographic area/location.
TOMASI Holidays Africa requires customer involvement. Customer is also responsible for ensuring his/her/their familiarity with the details of the Dhow / Boat Excursion, and TOMASI Holidays Africa shall be held harmless by customer from any and all claims, causes of action or damages that may arise, directly or indirectly, from a failure of customer to properly and fully inquire as to the nature and substance of any items listed in the Dhow / Boat Excursion booking services.
7. Occurrences during your stay in the Dhow / Boat Excursion mode booked for you/your group/party
TOMASI Holidays Africa shall be held harmless from any claims, causes of action and/or damages suffered by customer, as well as any persons accompanying customer (including minors) that arise, directly or indirectly, from any intentional or negligent acts or unsafe conditions encountered by customer during the time period set forth in the Dhow / Boat Excursion services agreement, irrespective of whether such damages are claimed to have been suffered by any suppliers or carriers.
8. Other responsibilities of customer
In addition to the above, customer understands and agrees:
A) that customer is solely and exclusively responsible for obtaining proper and adequate insurance against all property damage, financial damage or personal injuries to customer, as well as any persons accompanying customer (including minors), and that TOMASI Holidays Africa shall not be responsible for any decisions on the part of customer, as well as any persons accompanying customer (including minors), relating to the purchase or failure to purchase any such insurance;
B) that customer will be solely responsible for obtaining, securing and retaining all legally necessary and/or appropriate travel papers, including, but not limited to, passports, visas, currency, traveler's checks, vaccination reports, airline tickets and claim tickets, and that customer is solely and exclusively responsible for ensuring the completeness, validity and acceptable nature of any such documents. It is also the customer's responsibility to check destination consular websites for complete details on revised or last minute visa, health formalities required for the journey and the stay. If failure to obtain or verify any such documents/regulations results in fines, surcharges or other financial penalty being imposed upon TOMASI Holidays Africa then customer shall reimburse TOMASI Holidays Africa accordingly.
C) that customer shall inform TOMASI Holidays Africa, contemporaneous with the execution of this agreement, but no later than three (3) days prior to the initial commencement date set forth in the Dhow / Boat Excursion, of any physical or mental disabilities, or any conditions that would require providing a special diet or special facilities in order to provide customer with reasonable Dhow / Boat Excursion as to same. While TOMASI Holidays Africa will undertake a good faith effort to ensure such reasonable Dhow / Boat Excursion by any service provider, TOMASI Holidays Africa shall not be deemed to guarantee the adequacy or completeness of the ability of any such service provider to comply with any such customer's request, and customer shall hold TOMASI Holidays Africa harmless from any actual or perceived failure of any such service provider to supply such reasonable Dhow / Boat Excursion to customer. TOMASI Holidays Africa reserves the right to refuse to book such Dhow / Boat Excursion with customer unless and until customer executes a separate written consent (1) acknowledging the limitations placed upon customer by way of said physician's written opinion; and (2) holding TOMASI Holidays Africa harmless from any injuries or damages suffered by customer involving any such limitation, which hold harmless agreement shall include any injuries and damages purportedly suffered by customer during travel to and from the initial physical place where said Dhow / Boat Excursion is booked; and (3) holding TOMASI Holidays Africa harmless from any injuries or damages as a result of any modifications or alterations in the Dhow / Boat Excursion at any time.
(d) Complaints - if customer has an issue during any Dhow / Boat Excursion booked for on their behalf by TOMASI Holidays Africa, customer must, while at the Dhow / Boat Excursion trip, inform the relevant person in charge (example Dhow/Boat Captain) and our customer services department as soon as possible and they will endeavour to put things right. Customer must also complete a customer report form while at the particular Dhow / Boat Excursion in concern. If customer's complaint is not resolved quickly, and to their entire satisfaction, please call +254712918589 giving customer booking reference and all other relevant information. This will assist TOMASI Holidays Africa to quickly identify customer concerns and speed up TOMASI Holidays Africa's response to customer.
If customer fails to report any problems while at the particular Dhow / Boat Excursion of concern, TOMASI Holidays Africa will have been deprived of the opportunity to investigate and rectify customers complaint while customer were there and this may affect any rights customer may otherwise have had under this booking agreement.
9. Additional conditions and representations of TOMASI Holidays Africa
In addition to the foregoing, TOMASI Holidays Africa represents that:
A) it does not possess an ownership interest in service providers such as but not limited to hotel, lodges & camps, trains, airlines or buses utilized in the Dhow / Boat Excursion services;
B) it does not warrant the applicability and/or validity of any coupons, vouchers, travel savings plans or other discounts as applied to any service provider listed or utilized in connection with the Dhow / Boat Excursion booking.
A) Dhow / Boat Excursion--
The term "Dhow / Boat Excursion" shall be deemed to include any accommodation facility / travel mode that is booked by TOMASI Holidays Africa, for and on behalf of the customer and all modifications to the original Dhow / Boat Excursion issued by TOMASI Holidays Africa to customer.
The costs associated with the Dhow / Boat Excursion, quoted at the time of the issuance of the Dhow / Boat Excursion by TOMASI Holidays Africa, with the exception of 1) gratuities other than customary hotel service charges; (2) all beverages, room service costs, laundry service, pay television services, use of telephone or facsimile by customer; (3) and any other personal charges or costs not otherwise specifically covered in the Dhow / Boat Excursion. TOMASI Holidays Africa may, but in no event shall, be obligated to provide any discount for any tender towards the price of the Dhow / Boat Excursion, unless prior written consent to said discount is given by TOMASI Holidays Africa.
The price of customer Dhow / Boat Excursion will be based on known costs and exchange rates prevailing at the date of issue of the Dhow / Boat Excursion booking service. At any time before full payment has been made TOMASI Holidays Africa reserves the right to levy a surcharge where costs have changed since the date of issue of the Dhow / Boat Excursion booking service.
(c) Service provider--
Any person or entity providing any goods or services during the time period set forth in the Dhow / Boat Excursion booking.
(d) force majeure--
This means any situation outside our control such as war or threat of war, riot, industrial dispute, technical or maintenance problems with means of transportation, rescheduling or cancellation of excursion due to adverse weather conditions, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that amount to force majeure.
11. Entire agreement
This agreement is the entire agreement between customer and TOMASI Holidays Africa, and any additions, revisions, amendments or deletions to this agreement are of no force or effect unless and until any such additions, revisions, amendments or deletions, as the case may be, are reduced to writing and signed, or electronically registered and name signed by the parties to this agreement.
In this agreement, the following shall be deemed as governing the construction of the language utilized in this agreement:
A) the masculine shall be deemed to include the feminine, the feminine shall be deemed to include the masculine, and the neutral shall be deemed to include both the masculine and feminine.
B) the headings and sub-headings in this agreement are for ease of reference and general descriptive purposes only, and are not to be deemed as legally controlling the language contained within the body of this agreement.
(c) the plural shall include the singular, and the singular shall include the plural.
13. Assignability of agreement
This agreement may not be assigned by either party without express written consent of the parties to this agreement, as well as any and all assignee(s) thereto.
14. Situs of agreement
The situs of this agreement, for purpose of litigating any claims for damages arising out of this agreement, shall be Mombasa in the Coast Province of the Republic of Kenya, and the court of competent jurisdiction to resolve any and all such disputes shall be the High Court of Kenya.
15. Payments by customer
Customer may pay any monies due and owing under this agreement to TOMASI Holidays Africa by way of cash, bankers cheque, wire/bank transfers or credit card acceptable to TOMASI Holidays Africa. Payment terms include following criteria:
In the event that any such payment is not properly honored by a financial institution, such a failure to honor such payment shall serve, in the sole discretion of TOMASI Holidays Africa, as a complete and immediate termination of any and all TOMASI Holidays Africa's obligations under this agreement, and further, shall serve to completely, fully and permanently release TOMASI Holidays Africa from any actual or potential claims, damages or causes of action arising out of such agreement.
16. Dhow / Boat Excursions standards
Customers are urged to consider the obvious fact that when comparing Dhow / Boat Excursion standards in Kenya to international standards, that customers consider that the offerings of these services are being provided in a developing country, accustomed to varied and contrasting cultural practices and traditions, more than likely very different from than those of the customer.
17. Global travel advisories
TOMASI Holidays Africa's Dhow / Boat Excursion booking services are not affected by global travel advisories issued by various government authorities from time to time in relation to Kenya. All our services continue to be provided as per booking agreement and Dhow / Boat Excursion confirmation. We have no special knowledge regarding any governments decisions to impose any travel advisories neither is TOMASI Holidays Africa able to predict any future travel advisories.
Customer has the sole responsibility of reviewing and accepting any travel advisories in place by contacting their respective governing bodies in their respective countries. Customer must purchase adequate and comprehensive travel and cancellation insurance coverage to protect themselves during their visit. Should a travel advisory come into effect after purchase of Dhow / Boat Excursion services and customer decides to cancel their trip to Kenya at their own will and/or out of necessity as ultimately determined by customer, the travel and cancellation insurance purchased by customer must be able to provide the necessary payment protections to the customer for the confirmed Dhow / Boat Excursion in place.
18. Related information section
(Booking customer, program organizer/team leader on behalf/proxy of all customers hereinafter referred to as "I" for related information section)
Understanding of global travel risk
In consideration of accepting Dhow / Boat Excursion booking services under the auspices of TOMASI Holidays Africa, its agents, assigns, employees, officers, licensees and successors in interests, I hereby accept and agree as follows: I am aware that travel can be risky and includes certain risks and concerns, including, but not limited to, injury, illness, or accident in remote places without medical facilities, dangers of wild or domestic animals, insects, toxic plants, forces of nature, civil unrest and travel by air or other conveyance, extreme weather conditions, physical exertion for which I may not be prepared, and evacuation difficulties, should I be injured or disabled. I accept the inherent risks of the proposed Dhow / Boat Excursion booking in Kenya and acknowledge that the enjoyment of touring beyond normal safety of home and work is in part the reason for my requesting TOMASI Holidays Africa to make this Dhow / Boat Excursion booking on my behalf.
In witness whereof, having read and understood the foregoing, and agreeing to be legally bound thereby, customer and TOMASI Holidays Africa set their hands and seals on the date and year first above-written.
By: TOMASI Holidays Africa
Dhow / Boat Excursion Service Booking customer
(program organizer/team leader on behalf/proxy of all customers)