Terms & conditions

(version: January 2011)

 

1.    Introduction
Eos Visions services are subject to our terms and conditions, which should be read carefully as they govern the contractual relationship with us. In these terms and conditions, “you” means all persons named on the booking (including anyone who is added or substituted at a later date) and “we” and “us” means the respective Eos Visions company that you deal with. These terms and conditions are amended from time to time due to changing circumstances; the terms at the time of booking are the terms that are valid. By making a booking, you confirm that you and all people associated with you under the booking have read the terms and conditions and have agreed to be bound by them, and that you have the authority to accept these terms and conditions on behalf of all people associated with you under the booking.

Eos Visions is a group of privately owned independent companies that all carry the Eos Visions brand. They are registered in their respective countries, i.e. particularly Eos Visions Kenya, Eos Visions Rwanda and Eos Visions Germany. While we have centralized marketing and sales procedures, each booking is made with the respective company alone, and the other companies do not have any responsibility for or liability towards the booking. The relevant company is clearly stated on the invoice, payment of which signifies the conclusion of a contract between you and the respective Eos Visions member company, as detailed in §3 below.

2.    Bookings and prices
Please ensure that the quotation given with details of number of clients, dates, accommodation, transportation, activities, meals and all other services to be provided by us is clear and accurate before confirming the booking in writing. All references to quotations in writing shall include reference to correspondence by email. The price of your contracted services will be confirmed at the time of booking. We reserve the right to correct errors in both advertised and confirmed prices and will do so as soon as we become aware of any such error.

Once the price of your contracted services has been confirmed, subject to the correction of errors, a surcharge will only be payable if changes in transportation costs, accommodation costs, gorilla permits, taxes or exchange rates lead to an increase of the total price of the contracted services of over 2%. If you are required to pay more than 10% of the original contracted services price, you will be entitled to cancel the contract with the full refund of all the money paid to us except for any fees paid for gorilla permits (see also section on gorilla permits below) and applicable bank charges.

Should you decide to cancel under these provisions, you must exercise your right to do so within 14 days of notification to you of the surcharge.

We reserve the right to increase or decrease the prices of unsold services at any time.

3.    Payment
At the time of booking you must confirm acceptance of these terms and conditions and pay a minimum deposit of 20% of the price of the contracted services. If this deposit payment does not cover the cost of fees for gorilla permits, the required deposit amount increases beyond 20% to the amount needed to pay all gorilla permits (see also section on gorilla permits below).

If written acceptance is not received from you, we shall assume acceptance of the terms and conditions.

The balance must be paid in full not later than 45 days before the start of the contracted services. Bookings made within 30 days of the start of the contracted services must be paid in full at the time of booking.

No contract is made between you and us until the deposit or, where required, the full price has been paid, whether or not a booking confirmation has been issued by us. Failure by you to pay any sum by the due date shall entitle us to cancel the booking, and to charge a cancellation fee as set out in the section on cancellations below.

4.    Cancellations by you
You may change or cancel the contract at any time, but please note that any changes and/or cancellations will incur penalties. All cancellations have to be in writing, and a cancellation is not effective until we receive a copy of your written notice. Unless otherwise stipulated, the following fees shall be charged by us if a client cancels a reservation:

• 45 or more days prior to departure: Deposit price
• 44-15 days prior to departure: 50% of price
• 14 or less days prior to departure: 100% of price

Furthermore, please note that money that you have paid for gorilla permits can only be refunded if the refund has been made available to us by the relevant authority. Otherwise, we will keep the full payment made for gorilla permits.

5.    Cancellations by us
While we will do our best not to have to cancel or make any material alteration to the contracted services after a booking confirmation has been issued, we must reserve the right to do so at any time prior to the start of the contracted services, where this becomes reasonably necessary on operations, commercial or other grounds. This particularly also includes incidents where you fail to make all payments due in full and on time, or where we are forced as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.

If we cancel or change the contracted services, we will inform you of any such cancellation or change of scheduled program or services as soon as possible. Where such a change amounts to a material alteration, you shall be entitled to cancel the booking within 3 days of being advised of the change without any cancellation fee being applicable. Under such circumstances, you will be entitled to a full refund of all monies you have paid to us save that paid for gorilla permits which can only be refunded if the refund has been made available to us by the relevant authority.

Except where we cancel for reasons other than those mentioned in this clause, we shall have no further liability to you. We regret that we cannot pay any expenses, costs or losses incurred as a result of any cancellation. If we cancel for a reason that is not mentioned in this clause, we shall pay a maximum compensation of $100 depending on the circumstances.

Furthermore, we reserve the right, without prior notice, to terminate the holiday of any person in your party if, in our opinion or in the opinion of any other person in authority, the persons concerned behave in such a way to cause or be likely to cause danger, annoyance or distress to any third party or damage to property. In this situation, the person(s) concerned will be required to leave the contracted service immediately. We shall have no further responsibility towards such person(s). No refunds will be made and we shall not pay any expenses or costs incurred as a result of the termination.

6.    Liability
We shall make every reasonable effort to ensure that all component parts of the contracted services are supplied as described in the program or schedule of services and to a reasonable standard, and that our employees, agents, suppliers and sub-contractors exercise due care in carrying out our obligations under the contract. We accept responsibility for what our employees, agents, suppliers and sub-contractors do or do not do, provided they were at the time carrying out work authorized by us. If any part of the contracted services is not provided as agreed and to a reasonable standard, we shall pay you appropriate compensation if your enjoyment of the contracted services has been affected and you have followed the complaints procedure set out in these terms and conditions. This acceptance of responsibility is subject to the clauses on exclusion of liability below, including force majeure, and these terms and conditions generally. Our maximum liability in respect of complaints is limited to an amount equal to the cost paid by or on behalf of the person affected for the relevant services. The maximum amount will only be payable where the person affected has derived no benefit from the booked services and none of the services contracted have been provided. Liability for loss or damage to luggage or personal possessions (including money) will be compensated to a maximum of USD 30 on the basis that the client is assumed to have taken out adequate insurance cover in respect of such losses at the time of booking.

We shall not be liable or pay compensation for the failure of performance or improper performance which is wholly attributable to any or all of the following:

• The fault of the client;
• The unforeseeable or unavoidable act of a third party unconnected with the provision of any services to be provided under this contract;
• Unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care was exercised;
• Any event which we could not have foreseen or avoided even with all due care, including, but not limited to, an event of force majeure. Such events include war or threat of war, riots, civil strife, border closures, unexpected government acts, terrorist activity, industrial disputes, natural or nuclear disaster, extreme weather conditions, fire, technical and/or mechanical problems to transport, road closures, disease and all similar events beyond our control.

7.    Accuracy of information
Although we attempt to make all programs and service schedules as accurate as possible at the time of booking, they are to be considered an approximate indication of the schedule and scope of the contracted services rather than an inflexible chronicle of events. All descriptions, information and opinions are given in good faith, based on the latest information available to us. Every care has been taken to ensure the accuracy of the information provided. We cannot accept any responsibility or liability for any errors or omissions caused by matters beyond our control. Furthermore, the program or service schedules may be subject to change due to circumstances beyond our control, whether as a result of weather, government restrictions, transportation problems, road conditions, acts of God, terrorist threats, natural disasters, fires or other circumstances. We however undertake to do our best to maintain the program and service schedules, and will not unreasonably change it. However, any such changes shall not constitute a material alteration of the contract, and we shall, in consequences, have no liability to you in respect thereof.

8.    Complaints
Complaints must be reported immediately to our representative who will do his/her best to resolve any problem. If you remain dissatisfied, a written report should be submitted to the relevant Operations Manager as soon as possible after the incident and not later than 28 days after completion of our services to you, to enable us to investigate them fully. Regrettably, liability for any complaints not notified in accordance with this procedure cannot be accepted.

9.    Travel insurance
Please note that travel insurance is compulsory and that it is a condition of booking that you must have, and must demonstrate at the time of booking that you have, appropriate insurance for the contracted services. Such insurance should fully cover death, personal injury, medical expenses and repatriation in the event of accident, illness or death, or cancellation or curtailment of the contracted services by either side, or loss of, damage to, or theft of your personal property.

10.  Travel documents
It is your responsibility to obtain the necessary travel documents including a valid passport, a visa or entry facility form, and a yellow fever certificate. We will assist with information and references upon request, but do not accept responsibility if you fail to obtain the required documents.

11.  Medical care
We do not provide medical services during the contracted services. However, wherever possible, we will offer general assistance to any client who suffers illness, personal injury or death, whether or not arising from an activity forming part of the contracted services, and whether or not the result of fault by any party.

Medical advice should be sought well before traveling, and you should bring an ample supply of any prescription medicines required as well as a first aid kit.

Any cost or expense which is reasonably incurred by us for or on behalf of you in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expenses of whatever nature, shall be repayable by you to us on demand, whether or not such sum is covered by your travel insurance.

12.  Gorilla permits
We can purchase permits for gorilla trekking only after the receipt of your payment. Getting a gorilla permit is not a guarantee of seeing a gorilla. Local conditions sometimes mean that access to the gorillas is made impossible at short notice. We are unable to accept liability for any circumstance that might lead to gorilla viewing being cancelled, whether it is closure of the national park or borders, absence of the gorillas, or security changes. Refunds are at the discretion of the relevant authority and we cannot accept liability for them. We shall use our maximum endeavors to obtain a refund and, if a refund is paid by the relevant authority, we shall pass it on to the client.

Furthermore, changes in trekking dates are subject to transfer charges as required by the relevant authority.

13.  Visits to areas with foreign travel warnings
In exceptional cases, we will accept the provision of contracted services that extend to areas with foreign travel warnings, especially within the eastern Democratic Republic of Congo. We expressly refrain from any liability for such visits and require you to inform yourself about potentially existing foreign travel warnings. We will share information and opinions about the situations in such areas – including security information – in good faith and to the best of our knowledge. But we cannot be held liable for the accuracy of such information and opinions. You will be solely responsible for the visit and for any incident that might happen during such visit.

14.  Applicable laws
Conditions in Africa are not the same as those in developed countries and standards of services, medical facilities, safety and security may often be lower than those in your home countries. Please note that it is the laws and regulations in the Eos Visions country with which you have concluded a booking which apply to your service arrangements and not those of your home country, regardless of the place of execution, performance or domicile of the parties.