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Home | Terms And Conditions Of Contract Of Tropical Vacations Inc

1. Understand and interpretations of 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. “the client” means the person / s named on the reservation form (whether it be a provisional or confirmed reservation form) and who contracts with Tropical Vacations In 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 reservation. Such agent, as well as the persons named on the provisional and the confirmed reservation form, shall be jointly and severally liable to Tropical Vacations Inc for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;

c. “services” means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in Africa& Asia. Such services include, but shall not be limited to the procurement by Tropical Vacations Inc, 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 THESE TERMS AND CONDITIONS OF CONTRACT

All and any business or contracts undertaken or advice, information or services rendered by Tropical Vacations Inc, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.

3. LIABILITY

In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Tropical Vacations Inc acts as agent only for and on behalf of the client in procuring the services. As such, Tropical Vacations Inc shall procure the services for and behalf of the client as agent for it with relevant third party service providers concerned. Tropical Vacations Inc 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 Tropical Vacations Inc in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Tropical Vacations Inc, shall be in the currency of United States Dollars (US $) and shall be inclusive of all applicable taxes. Acceptance of any quotation by a client shall be in writing. Tropical Vacations Inc 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 transportation 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 Tropical Vacations Inc for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final and binding on Tropical Vacations Inc and the client, and accordingly not subject to appeal.

4.3 All payments to be made by a client to Tropical Vacations Inc shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to Tropical Vacations Inc by way of cash, direct transfer or by credit card. The client shall provide Tropical Vacations Inc 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 number for the booking shall at all times be reflected on the proof of payment.

4.4 All payments due by a client to Tropical Vacations Inc shall be made no later than 7 working days after confirmation of a booking by a client.

4.5 Although Tropical Vacations Inc strives to ensure that all rates displayed on sites are correct and accurate, Tropical Vacations Inc reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties or hotel chains make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to Tropical Vacations Inc, on demand.

5. EXCLUSIONS IN COSTS

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, emergency evacuation, gratuities and beverages, optional meals and any optional excursion not reflected on the booking reservation.

Furthermore, all costs with regard to any complying with any special requirements, as outlined in paragraph 6.2 below, shall be footed by the client.

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 Tropical Vacations Inc a provisional booking reservation form. Simultaneously, the client shall pay Tropical Vacations Inc a non-refundable deposit of 25% of the quoted cost for the services. In the event of the deposit not being paid aforesaid, the provisional booking shall lapse.

Upon receipt by Tropical Vacations Inc of the balance of the monies due from the client 30 days prior to departure, the provisional booking shall be confirmed. In the event of the client wishing to amend his reservation in any way, Tropical Vacations Inc 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 2%, 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 Tropical Vacations Inc 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 any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be footed by the client.

7. CANCELLATIONS AND REFUNDS

7.1 All requests for cancellations shall be made by the client in writing to Tropical Vacations Inc and shall only be effective on the date of actual receipt by Tropical Vacations Inc. The following cancellation fees shall be applicable and shall be calculated by reference to the total booking cost of the services booked for by the client.

Tropical Vacations Inc is entitled to act as agent or principal with regard to the provision of the services.

• 60 days or more notice- 50%  of the deposit will be refunded
• 30-60 days notice -25 % of the deposit be refunded
• 30-15 days notice, deposit will be forefaited
• 14 days -28 hours notice  -the total booking cost will be forfeited

All clients are strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.

7.2 Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions and administrative charges:

8. ALTERATIONS TO TOURS

8.1 Tropical Vacations Inc 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 Tropical Vacations Inc’s control.

8.2 Any extra costs and expenses occasioned as a result of an alteration to or
cancellation of itineraries as provided for in clause 8.1 above shall be payable by the client on demand by Tropical Vacations Inc.

8.3 Tropical Vacations Inc may further in its sole discretion cancel or terminate a client’s 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 8.3 shall be payable by the client on demand.

9. INSURANCE

9.1 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 travelling 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 booking reservation; emergency evacuation and medical expenses; personal injury, repatriation expenses; damage / theft / loss of personal baggage, money and goods.

9.2 Under no circumstances shall Tropical Vacations Inc, 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 and the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned.

10. VACCINATIONS & HEALTH

10.1 It is the client’s 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 he is booked attend at his medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. Tropical Vacations Inc does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.

10.2 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 to travel. Tropical Vacations Inc and its representatives will treat all information in the strictest confidence. 

11. TRAVEL DOCUMENTS

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 where applicable.

Tropical Vacations Inc 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 country’s medical requirements, Tropical Vacations Inc shall not be liable for any costs of whatsoever nature occasioned thereby

12. LIABILITY LIMIT

12. 1 Tropical Vacations Inc shall not be liable to the client for any claim of whatsoever:-
nature in connection with the provision of the services 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 Tropical Vacations Inc, its servants or agents;

b. any grossly negligent act or omission or statement by Tropical Vacations Inc, its servants or agents;

unless:

i. such claim arises from the wilful misconduct of Tropical Vacations Inc, its servants or agents;

ii. Tropical Vacations Inc receives written notice from the client no later than 7 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against Tropical Vacations Inc.


12.2 Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, Tropical Vacations Inc shall under no circumstances whatever, be liable for any indirect or consequential loss / es, howsoever caused or suffered by the client.

13. 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.

14. AIR FARES

14.1 Air transportation will be economy class unless otherwise stated. The airfare and airport tax, which are quoted, are current and are subject to change without prior warning should the airline impose an increase in rates for any reason. Should the fare quoted not be available at the time of booking the next applicable fare will be booked and amended costs advised accordingly. Please note that fares may increase between time of booking, time of payment and the ticket being issued. Any increase in air fares shall be payable on demand by Tropical Vacations Inc by the client,

14.2 Tropical Vacations Inc cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment in routing or itinerary be necessary, any additional costs incurred will be sorted by the client and shall be payable to Tropical Vacations Inc on demand.

14.3 Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. Tropical Vacations Inc 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.

15. CHILD POLICY

15.1 A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate for all services provided unless otherwise agreed in writing by Tropical Vacations Inc.

15.2 Certain suppliers offer a discounted rate to children under 12 years old, however rates will be advised according to the itinerary requested at the time of booking.

15.3 Certain accommodation establishments refuse permission to children under the age of 12 years, such as certain private game lodges. Acceptance of children is therefore subject to the availability of family units and specific conditions implemented by the supplier.

15.4 Suppliers, which allow children under 12, may have restrictions regarding activities, in which children may partake. This is at the discretion of the supplier and needs to be confirmed with Tropical Vacations Inc at the time of booking. Tropical Vacations Inc cannot be held liable for any changes to the suppliers’ child policy.

16. PHOTOGRAPHIC MATERIAL

Tropical Vacations Inc shall be entitled to take photographs, films and videos (including in electronic format) of the client during his excursions, as well as at any time during the client’s sojourns in Africa for the duration of the services provided in terms hereof. Tropical Vacations Inc, at its sole discretion, may use such photographic, film and video material so taken, for the purpose of any advertising or brochure productions, which the client irrevocably gives his consent thereto, and without any consideration being payable to the client.

17. JURISDICTION

These standard terms and conditions and all agreements entered into between Tropical Vacations Inc and the client pursuant thereto, and on the terms thereof shall be governed by and construed according to the laws of the Republic of Kenya, irrespective of the place where the agreement / s where entered into.