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Booking Agreement
This agreement, made this day of
By and between
Booking customer
(program organizer/team leader on behalf/proxy of all customers)
(hereinafter "customer") and TOMASI Holidays Africa.,
a Kenya business entity with its principal place of business located
in Suite E, Gichanga - Off Beach Road Nyali, Mombasa in the Republic
of Kenya (hereinafter "TOMASI Holidays Africa")
1. Customer
wishes to travel to a specific destination or destinations within Kenya,
and has sought the services of TOMASI Holidays Africa in connection
with booking and arranging for Accommodation / Safari Package / Transport relating to said travel;
specifically, customer intends to secure Accommodation / Safari Package / Transport 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. Quoted Prices
TOMASI Holidays Africa will quote prices in US Dollars (US$), Euro (€) or Kenya Shilling (Kshs) as appropriate. Payment is accepted in US Dollars (US$), Euro (€) or Kenya Shilling (Kshs). For bookings confirmed in US Dollars (US$) or Euro (€), the US Dollars (US$) or Euro (€) price is fixed at the time the booking is confirmed.
Although TOMASI Holidays Africa will endeavour to keep all rates published on this website as accurate as possible, any price quoted may be subject to alteration at any time and without notice due to unforeseen supplier increases.
Prices are fixed at the time your booking is confirmed, and should a price increase come into effect after you have paid either the full balance or a deposit of at least 75% of the full cost to secure your accommodation or safari package, TOMASI Holidays Africa undertake not to pass this increase on. If the price increase happens before you have paid to secure your booking, TOMASI Holidays Africa reserve the right to amend prices accordingly.
3. Deposits
A non-refundable deposit of 20% is normally required to secure your accommodation or safari package booking, but in certain circumstances TOMASI Holidays Africa reserve the right to ask for a 50% deposit (please see section regarding Cancellation Fees below). The deposit must be paid by the date stipulated.
The balance owing must be paid no less than 8 weeks prior to the date of the first night's accommodation booked, and the balance is payable in the same currency as the deposit was paid in. For bookings confirmed in US Dollars (US$) or Euro (€) the US Dollars (US$) or Euro (€) price is fixed at the time the booking is confirmed. For reservations made within 8 weeks of the date of the first night's accommodation, payment in full is required upon confirmation.
If either the deposit payment or the balance payment are not made within the due time, TOMASI Holidays Africa reserve the right to make any changes to the accommodation booked, or to cancel any reservations made on your behalf.
4. Payment Methods
TOMASI Holidays Africa accept payment in US Dollars (US$), Euro (€) or Kenya Shilling (Kshs). For payment in US Dollars (US$) or Euro (€), TOMASI Holidays Africa will convert the amount due into Kenya Shillings (Kshs) based on the prevailing exchange rate on the day the booking is confirmed, and this rate is NON-NEGOTIABLE and NON-CHANGEABLE.
Payment can be made as follows:
- In US Dollars or Euros by Electronic Funds Transfer (EFT) direct into our Barclays Bank account in Kenya (details on request).
- In US Dollars or Euros direct into our Barclays Bank account in Kenya (details on request).
- In Kenya Shillings direct into our Kenya Shilling account with Barclays Bank in Kenya (details on request).
Please note that for customers who pay in Kenya Shillings, TOMASI Holidays Africa regret that we are unable to make any refunds or reduce costs should the value of the US Dollar or Euro subsequently weaken against the Kenya Shilling. Equally, you will not be charged any more should the value of the Kenya Shilling strengthen against US Dollar or Euro after you have paid.
5. Amendments to Your Booking
Once your accommodation has been booked, any amendments (such as a change of date, length of stay, etc) should be taken up with TOMASI Holidays Africa in the first instance, either by email or by telephone.
Any reduction in the number of nights or the number of people travelling will qualify as a cancellation, and that part of the accommodation being cancelled is subject to the cancellation terms given below. TOMASI Holidays Africa reserve the right to levy a US$ 20 or Euro 15 charge per amendment.
6. Cancellations
If you decide to cancel an accommodation booking, please notify us by email at once. Upon written cancellation, we will issue a refund of the money paid to TOMASI Holidays Africa, less a percentage of the value of the booking (the cancellation fee). The cancellation fee is calculated in accordance with the table below.
- More than 8 weeks prior - 20% of the full value of the accommodation being cancelled.
- 4 to 8 weeks prior - 40% of the full value of the accommodation being cancelled.
- 4 weeks and less prior - 100% of the full value of the accommodation being cancelled
Please note: if the reason for your cancellation is covered under the terms of your personal travel insurance, you may be able to reclaim these charges.
TOMASI Holidays Africa reserve the right to cancel any accommodation booking, flight, or other travel service as a result of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other circumstances amounting to force majeure. Should this happen, TOMASI Holidays Africa will be unable to refund any payments made.
7. Our Commitment to You
In the event that any accommodation, flight, or travel service that we have booked on your behalf becomes unavailable for any reason whatsoever, TOMASI Holidays Africa will undertake to provide an alternative of the same standard, location and cost price.
8. Your Responsibilities
It is your personal responsibility to ensure that you have all the necessary travel documentation in your possession including a full passport, which should be valid for 6 months beyond the holiday period, any necessary visas, any required medical certificates, any vaccinations and inoculations, any airline or car hire tickets or vouchers and the like, and adequate travel insurance cover.
TOMASI Holidays Africa will not be responsible or liable for any consequence of any nature arising from your failure to comply with such requirements.
9. Accommodation / travel
pre-planning, confirmation and changes
If you have never traveled to Africa and have limited or no personal
experiences with daily workings, planning, logistics and operations
in the tourism industry in africa, we highly recommend you subscribe
to our fee based professional Accommodation / Safari Package / Transport planning services
so that you can receive factual, unbiased and highly experienced planning
services/advice in selecting the right accommodation facility/ travel
mode. TOMASI Holidays Africa will not be responsible for customer’s
own independent self-research from one time or limited time travelers/guide
books/internet, self made assumptions and conjectures made outside of
TOMASI Holidays Africa's fee based professional destination
planning services.
TOMASI Holidays Africa requires customer
involvement. Customer is also responsible for ensuring his/her/their
familiarity with the details of the Accommodation / Safari Package / Transport, 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 Accommodation / Safari Package / Transport booking services.
10. Occurrences during
your stay in the Accommodation / Safari Package / Transport location 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 Accommodation / Safari Package / Transport services agreement, irrespective
of whether such damages are claimed to have been suffered by any suppliers
or carriers.
11. 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 thirty (30) days prior to the initial commencement date
set forth in the Accommodation / Safari Package / Transport Booking Agreement, 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 Accommodation / Safari Package / Transport service
as to same. While TOMASI Holidays Africa will undertake a
good faith effort to ensure such reasonable Accommodation / Safari Package / Transport 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 Accommodation / Safari Package / Transport
to customer. TOMASI Holidays Africa reserves the right to
refuse to book such Accommodation / Safari Package / Transport 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 Accommodation / Safari Package / Transport is booked or will take place; and (3) holding TOMASI Holidays Africa harmless from any injuries or damages as a result
of any modifications or alterations in the Accommodation / Safari Package / Transport at any time.
(d) Complaints - if customer has an issue with any Accommodation / Safari Package / Transport service booked for on their behalf
by TOMASI Holidays Africa, customer must, while at the Accommodation / Safari Package / Transport location, inform the relevant person in charge (example hotel manager)
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 Accommodation / Safari Package / Transport location of concern.
If customer's complaint is not resolved quickly, and to their entire
satisfaction, please call +254 (0) 712 918 589 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 Accommodation / Safari Package / Transport location 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.
12. Additional conditions
and representations of TOMASI Holidays Africa
In addition to the foregoing, TOMASI Holidays Africa represents that 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
their Accommodation / Safari Package / Transport booking.
13. Definitions
A) Accommodation / Safari Package / Transport
The term "Accommodation / Safari Package / Transport" shall be
deemed to include any accommodation facility / Safari Package & Transport that is booked
by TOMASI Holidays Africa, for and on behalf of the customer
and all modifications to the original Accommodation / Safari Package / Transport Booking Agreement issued
by TOMASI Holidays Africa to customer.
(b) price--
The costs associated with the Accommodation / Safari Package / Transport service, quoted
at the time of the issuance of the Accommodation / Safari Package / Transport Booking Voucher by TOMASI Holidays Africa, shall be 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 Accommodation / Safari Package / Transport Booking Agreement and as specificied on the individual web page covering such specific Accommodation / Safari Package / Transport service. TOMASI Holidays Africa may,
but in no event shall, be obligated to provide any discount for any
tender towards the price of the Accommodation / Safari Package / Transport service, unless prior written
consent to said discount is given by TOMASI Holidays Africa.
The price of customer Accommodation / Safari Package / Transport service will be
based on known costs and exchange rates prevailing at the date of issue
of the Accommodation / Safari Package / Transport 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 Accommodation / Safari Package / Transport booking service.
(c) Service provider--
Any person or entity providing any goods or services
during the time period set forth in the Accommodation / Safari Package / Transport Booking Agreement.
(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 flights by an airline or main flight charter, terrorist activity,
natural or nuclear disaster, fire, adverse weather conditions or other
unforeseen circumstances that amount to force majeure.
14. 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.
15. Construction
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.
16. 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.
17. 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.
18. 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.
19. Accommodation / travels standards
Customers are urged to consider the obvious fact that
when comparing Accommodation / Safari Package / Transport 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.
20. Complaints & Problems
If you have a problem or complaint with any of the accommodation that is booked through TOMASI Holidays Africa, please inform TOMASI Holidays Africa immediately, either by telephone or by email, and we will investigate and endeavour to advise, assist or resolve the matter as quickly as possible.
If you do not inform us within 28 days of any incident, TOMASI Holidays Africa may not be able to offer assistance.
21. Global travel advisories
TOMASI Holidays Africa's Accommodation / Safari Package / Transport
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
Accommodation / Safari Package / Transport 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 Accommodation / Safari Package / Transport 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 Accommodation / Safari Package / Transport services in place.
22. 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 Accommodation / Safari Package / Transport 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 Accommodation / Safari Package / Transport 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 Accommodation / Safari Package / Transport 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.
Signed below by: TOMASI Holidays Africa
________________________________ Date: ____________________________
Signed below by: Accommodation / Safari Package / Transport Service Booking customer
(or Program organizer / Team leader on behalf/proxy of all customers)
________________________________ Date: ____________________________
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