Terms & Conditions

BOOKING TERMS/ PAYMENTS TERMS & CONDITIONS

The foregoing are terms and conditions of services contract of SOIN LTD trading as SOIN AFRICA SAFARIS 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.All prices are based on current tariffs and validity is as indicated.

2)Reservations and Payments

(A) Reservations should be made by contacting Soin Africa Safaris, at the address indicated in our contact us page or by filling the booking form and submitting to us. 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 Soin Africa Safaris. 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 Soin Africa Safaris 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 Kenyan 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 PESAPAL. 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@soinafricasafaris.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. This option however, attracts a 4% transaction fee.

A processing fee is charged for payment by credit card by PSBIL payment solutions and billing services. Payments are billed in US dollars for the deposit or the final balance using the 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 Soin Africa Safaris sales consultant. If the balance has not been received by that date, Soin Africa Safaris 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 Soin Africa Safaris 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) Soin Ltd will not provide tickets, coupons, vouchers or documents until full payment has been received by Soin Africa Safaris


H) Soin Ltd 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 Soin Africa Safaris

J) Special airfares are capacity controlled and often sold out months in advance. In addition, many accomodations offered by Soin Africa Safaris 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 Soin Africa Safaris 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", Soin Africa Safaris shall be entitled to treat your reservation as canceled without having given Soin Africa Safaris 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 Soin Africa Safaris 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 Soin Africa Safaris, 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 Soin Africa Safaris, 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 Soin Africa Safaris 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 Soin Africa Safaris authorized representatives or agents, unless in writing by an authorized employee of Soin Africa Safaris. All decisions and matters subject to the discretion of Soin Africa Safaris shall be made by an authorized officer or employee of Soin Africa Safaris.

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; Soin Africa Safaris 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. Soin Africa Safaris 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 accommodationor 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) Soin Africa Safaris acts as booking agent for hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, 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 Soin Africa Safaris, including, but not limited to, various overseas ground operators.

B) All bookings like those described above are accepted by Soin Africa Safaris as agent for independent overseas ground operators. The transportation, accommodations 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 Soin Africa Safaris does not have the right to control the operations of the independent operators and their suppliers, Soin Africa Safaris cannot be held liable for any personal injury or property damage which may arise out of these services. Soin Africa Safaris 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, Soin Africa Safaris reserves the right to adjust its rates.

5) Risks

A) Soin Africa Safaris draws your attention to the fact that there are certain inherent risks involved in participating in the type of trips sold by Soin Africa Safaris You will be required to sign a Release to acknowledge this warning and also to release and hold harmless Soin Africa Safaris 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. Soin Africa Safaris shall not be liable for any illness, injury or death sustained on a safari sold by Soin Africa Safaris which is not due to the gross negligence of Soin Africa Safaris Its officers, employees, authorized representatives or agents whomsoever.

6) Force Majeure
A)
"Force Majeure" means, in relation to Soin Africa Safaris any circumstances beyond the reasonable control of Soin Africa Safaris (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 Soin Africa Safaris is affected by Force Majeure it shall forthwith notify you of the nature and extend thereof.

C) Soin Africa Safaris 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 Soin Africa Safaris 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 Soin Africa Safaris to you as a result of the non-performance of any of the obligations of Soin Africa Safaris hereunder shall remain in its sole and absolute discretion, although Soin Africa Safaris shall use its reasonable endeavors to reimburse you where possible. However, Soin Ltd shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Soin Ltd of the Force Majeure.

E) Regarding civil unrest, once Soin Africa Safaris has investigated the prevailing situation as it deems fit, it shall remain in the sole discretion of Soin Africa Safaris whether to proceed with the trip. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, Soin Africa Safaris 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
Soin Africa Safaris 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 Soin Africa Safaris hopes that it would not need to levy surcharges it reserves the right to do so on the invoice amount, if this becomes necessary. Soin Africa Safaris will endeavor to notify you in writing as soon as it is aware 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, Soin Africa Safaris 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%, Soin Africa Safaris reserves the right to recalculate the safari cost and apply the differential as a surcharge. Any refund made by Golden Land of Africa Tours 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 Soin Africa Safaris has no control and for which Soin Africa Safaris 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 Soin Africa Safaris 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 Soin Africa Safaris in writing of any special requests, i.e. diet, facility or physical handicap, when you submit your reservation request to Soin Africa Safaris, 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 Soin Africa Safaris’  knowledge, correct, but Soin Africa Safaris 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
Soin Africa Safaris 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 Soin Africa Safaris 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 Soin Africa Safaris.

17) Conditions of Booking
You shall comply with instructions of any representative of Soin Africa Safaris, 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 Soin Africa Safaris 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 Soin Africa Safaris 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 Soin Ltd, 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 Soin Africa Safaris directory www.soinafricasafaris.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 Soin Africa Safaris 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 Soin Ltd, a limited company incorporated in Kenya operating under the business name Soin Africa Safaris. 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.

Soin Africa Safaris 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
Soin Africa Safaris and none of such information shall be regarded as a recommendation or warranty by Soin Africa Safaris for any purpose whatsoever in respect of any person, organization, product or service.

© Copyright 2009
Soin Africa Safaris - All rights reserved.

Website: www.soinafricasafaris.com
E-mail: info@soinafricasafaris.com

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