TERMS & CONDITIONS SKYIN CORP.
These Terms & Conditions apply to any purchase and use of our products and services. You have agreed to these Terms & Conditions by signing via DocuSig n or similar service or by purchasing or using any of our products and services. When used herein, “you,” “Client” and similar terms refers to the person purchasing products or services from Sky In Corp., and “Company,” “us” and similar terms refers to Sky In Corp.
Please note that your booking is accepted based on the understanding that you come on the trip entirely at your own risk due to the fact that there are certain dangers inherent to all types of travel. The Client hereby acknowledges, confirms and records that he/she understands the risks inherent in travel in African destinations and associated activities, including, without limitation, accidents, crime, terrorism, sickness, allergic reactions, disease and other dangers. The Client is accepted onto the tour and undertakes to do the tour, travel or activity at his/her own risk. The Client agrees and concedes that the Company, its representatives and employees shall not be responsible for loss or damage to possessions, injury or illness to the Client, death, and/or any other losses or damages which might occur from any cause whatsoever, unless directly caused by the Company’s gross negligence. The Company is not responsible for any events beyond the Company’s reasonable control, including, without limitation, acts of nature, power outages, fire, acts of governments or other authorities, wars, civil disturbances, riots, terrorist acts, strikes, thefts, pilferage, epidemics, quarantines, dangers incidents to sea, land and air travel and with wildlife, delays due to traffic problems and any other similar acts or incidents. Additionally, the Company is not responsible for Client missing activities or other itinerary items due to Client being late to the required meeting time.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, AND THE TOTAL LIABILITY OF THE COMPANY AND ITS SUPPLIERS FOR ANY CLAIMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO PURCHASE PRODUCTS OR SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCTS OR SERVICES AGAIN). IN ALL CASES, THE COMPANY AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Completion of our booking form is an acknowledgement that you have read, understood, and accepted these Terms and Conditions. If you book additional guests when completing the booking form, all additional guests must also agree to these Terms and Conditions (and all references to Client and you in these Terms and Conditions also refer to such guests). If a minor is one of the guests, a parent or guardian must agree to the Terms and Conditions for the minor. Following your booking, emails will be sent to all additional guests and all such guests must agree to these Terms and Conditions by following the instructions in such emails. If all guests have not agreed to these Terms and Conditions within 7 days following the completion of your booking, your entire booking will be cancelled and you will be subject to any applicable cancellation charges. The Company is not a hotelier or transporter, nor does it own accommodation, homes, or aircraft. The Company does its best to make sure all services and accommodations are satisfactory, but is not responsible for products and services provided by third parties. All bookings (including tickets and vouchers) with the Company are subject to any terms and conditions imposed by our suppliers, all of which are legally binding on you. As some suppliers may limit or exclude liability in respect of death, personal injury, delay, loss and damage to baggage, passengers may be required to complete a release and indemnity form prior to commencing their arrangements. The Company does not accept any liability of whatever nature for the acts, omissions and/or default, whether negligent or not, of those coach operators, lodge companies, airlines and other third parties providing services in connection with your tour. The Company does not accept liability for injury, damage, delay, loss or additional expenses incurred directly or indirectly due to events beyond our reasonable physical control, including, without limitation, war, civil unrest, acts of God, unusually serve weather, acts of Government/authorities, and accidents to or failure of machinery and equipment.
MEDICAL INFORMATION AND INSURANCE:
Participation on a tour to Africa or a safari requires that you are in general good health. All guests must understand that while a high level of fitness is not required, a measure of physical activity (such as walking) is involved in all activities and you must be able to handle such physical activities. The Client shall acknowledge an awareness of the proposed itinerary and shall confirm that he or she is medically fit, in good physical and mental health and is able to embark on such African experience. Any Client with a pre-existing medical condition, allergies or illness must declare the true nature of such a condition to the Company before the commencement of the tour and the Company will use reasonable efforts to accommodate such condition (however, Company shall not be liable to Client if it is unable to accommodate such condition). Any failure to declare may result in the cancellation of the booking. Every Client who is 70 years old or more should consult with his or her physician to confirm that the tour is suitable for them. Persons not fit for long trips due to any reasons (such as heart disease, chronic illness, physical handicap, advanced pregnancy or mental illness, etc.) are advised not to participate in such rigorous travel program. It is a condition of booking that the sole responsibility lies with the guest to ensure that they carry the correct comprehensive travel and medical insurance to cover themselves, as well as any dependents and traveling companions for the duration of their tour to Africa and return trip home. The Company does not arrange travel insurance for Clients, but strongly recommends that each individual traveler purchase such coverage to protect against unforeseen events. The Company has partnered up with a travel insurance provider to provide travel insurance coverage for Clients who wish to purchase such coverage. The cost for such coverage is not included in the trip cost and Clients must pay for such coverage separately. Clients can also purchase travel insurance from any other company of their choosing. The Company takes no responsibility for anything related to travel insurance providers or travel insurance coverage or liability. The Company including their representatives, employees and agents, will take no responsibility for any costs, damages and losses incurred or suffered by the guest, or guest’s dependents or traveling companions, with regards to, but not limited to, any of the above mentioned eventualities. It is the Client’s full responsibility to consult a traveling doctor/practitioner at least one month prior to departure to discuss certain vaccinations and immunizations (such as: anti-malaria, yellow fever and any other vaccinations) needed to visit such destinations and is the Client’s responsibility to follow such instructions given by the doctor/practitioner. Any required inoculations must be recorded by the Client’s health practitioner on a valid vaccination certificate, which the Client must carry in his/her possession throughout their stay in Africa.
BOOKING AND PAYMENT:
The person making any booking with the Company warrants that he or she has authority to enter into a contract on behalf of all other persons included in such a booking and in the event of the failure of any or all of the other persons so included to make payment, the person making the booking assumes personal liability for the total price of all bookings made by him/her. The person making the booking must understand clearly what is exactly included in the price of the program and what is not. When booking, a down payment of 50% of the entire program price will be paid and collected upon booking confirmation, and the remaining balance of 50% will need to be paid and collected no later than 2 months (60 days) prior to the programs commencement date. Any bookings booked within 60 days or sooner to the commencement date will require payment of 100% of the entire program price. Payments can be made by e-check (which is a direct debit to your bank account) or by major credit or debit card; however, if paying by credit or debit card, a surcharge may be added to cover the cost to the Company of accepting credit or debit card payments.
FAILURE TO PAY; PRICE CHANGES
The Company reserves the right to cancel reservations should your deposit or balance of payment not be received on time and you will be subject to any applicable cancellation charges. The Company reserves the right to increase a quotation before your booking is complete should the supplier increase the prices and despite the quotation already having been issued. A booking is complete once the confirmation is issued, you have paid the required down payment and all guests in your party have agreed to these Terms and Conditions. Once the booking is complete, the pricing will not change, except if there are increases that occur in pricing that neither Company nor the suppliers have any control of, you will be liable for these increases and will be billed accordingly. This can be a result of several factors including, but not restricted to, government tax increases that affect tourism related services and park fee increases. Once a booking is complete and the down payment has been made, Clients may not thereafter reduce or downsize the itinerary (however, Clients may add items to the itinerary subject to availability and payment of additional fees and charges).
Considerable care has been taken to compile the information on our website and prices are based on the current exchange rate at time of publishing, but unforeseen circumstances, currency fluctuations, fuel surcharges, activity fees, safari price changes and other matters may necessitate changes that are not yet reflected on the website. All prices on our website, printed materials or otherwise should be used as a guideline only.
Any cancellation of a booking by a Client must be in writing, shall only be effective upon its acknowledged receipt by the Company and is subject to cancellation charges, as hereafter provided. The date on which the Company receives the cancellation correspondence, will determine the cancellation charge to be paid by Client.
121+ days prior to scheduled departure, 25% loss of the entire tour cost
61 – 120 days prior to scheduled departure, 50% loss of the entire tour cost
0 – 60 days prior to scheduled departure, 100% loss of the entire tour cost
The Company strongly recommends that Clients purchase travel insurance for every individual in the party upon completion of the booking, which reimburses for prepaid, non-refundable cancellation charges due to covered sickness, accidental injury, or death of you, a family member or traveling companion; inclement weather, unforeseen natural disaster at home or at your destination, strike or other covered reasons. Please see the Medical and Insurance section above for a more complete description of travel insurance.
After completing booking and making the down payment, the Client will be given the opportunity to video chat with their host family in Kenya. If the Client is not comfortable with the host family and so notifies the Company within 2 days after the video chat, the Company will do its best, subject to availability, to place the Client with another host family. However, if the Company is unable to place the Client with another host family, no refund will be given.
AIRFARES AND DELAYS:
Please note that the Company does not accommodate and/or book any airline flights for travel to the starting point in Nairobi, Kenya and the return flights home and you are solely responsible for purchasing such airline flights. The Company cannot be held liable for any delays or additional costs incurred as a result of airlines not running on schedule. The Company is not responsible for any airline schedule or airfare changes, cancellations, overbooking or damage or loss of baggage and property. Any and all claims for any loss or injury suffered on any airline must be made directly with the airline involved and not with the Company. Air schedule changes may necessitate additional nights being added to your tour. These schedule changes are beyond the control of the Company and any resulting additional costs must be borne by you.
WILD ANIMALS DURING SAFARI:
Going to Africa and on a safari or visiting wildlife parks or centers may take you into close contact with wild animals. Attacks by wild animals are rare, but no visit to the African wilderness can guarantee that this will not occur. The Company cannot be held responsible for any injury, incident or death during the trip. Most of the safari camps, wildlife parks and centers, hotels and lodges are not fenced, so the wildlife moves freely in and around such areas. Always follow the safety instructions from the area’s staff especially with regards to moving to and from your tent, lodge, banda or hotel and while on game or viewing activities throughout your trip.
Since wildlife moves freely in Kenya, Company cannot guarantee that you will see any particular wildlife or the wildlife portrayed in the Company’s marketing materials and on its website. Each tour is different and you may encounter different or limited wildlife. Further, certain activities portrayed in the Company’s marketing materials and on its website are not included in the tour.
PASSPORTS AND VISA:
The Client is solely responsible for ensuring that passports and visas are valid for the countries they plan to visit. The Company cannot be held liable for any visas and/or passports, which are invalid or not held by the guests, nor for the cost of any passports or visas.
Children under the age of 3 are not permitted on tours unless otherwise approved by the Company. Also, there may be other specific age policies for particular activities on the tour, so please consult with a Company representative if you have questions. If anyone misrepresents their age, our operators reserve the right to terminate the tour without refund. The Company cannot be held responsible for any refund in this situation.
The Client has certain responsibilities to the Company and to other trip members, including being responsible for understanding these Terms and Conditions and the trip itinerary, and selecting a trip which is appropriate to their interests and abilities. Client must also act at all times with dignity and respect on your tour, including following all applicable laws and regulations and any rules, customs and policies of the host families or other service providers. Client understands that they are a guest in a Kenyan family home and must act in a respectful manner and not engage in any inappropriate behavior, including, without limitation, excessive drinking, making offensive comments, being rude, engaging in risky or destructive conduct and engaging in other conduct that is not respectful of your host family or the Kenyan culture. If you violate any of these Terms and Conditions, including, failing to comply with the responsibilities outlined above, the Company, at its option, may terminate your trip and you will be solely responsible for all further accommodations and arranging your early trip home and you will not be entitled any refund.
Should you encounter any problems on your tour, it is always better to try and solve it directly with the supplier in Africa. If this is not possible and you wish to lodge a complaint, please do so in writing within 14 days of completing your trip.
RELEASE OF LIABILITY
IN CONSIDERATION FOR BEING ALLOWED TO PURCHASE PRODUCTS AND SERVICES FROM THE COMPANY, INLCUDING TOURS AND ACTIVITIES, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE THE COMPANY AND ALL OF ITS AFFILIATED COMPANIES, SUBSIDIARIES, AND SUPPLIERS, AND THEIR RESPECTIVE INSURANCE COMPANIES, SUCCESSORS IN INTEREST, AGENTS, EMPLOYEES, REPRESENTATIVES, ASSIGNEES, OFFICERS, DIRECTORS, AND SHAREHOLDERS (EACH A “RELEASED PARTY”) FROM ANY AND ALL LIABILITY AND/OR CLAIMS FOR INJURY OR DEATH TO PERSONS OR DAMAGE TO PROPERTY ARISING FROM SUCH PRODUCTS AND SERVICES OR YOUR PARTICIPATION IN TOURS AND ACTIVITIES.
TESTIMONIALS; PHOTOGRAPHY, AUDIO AND VISUAL RECORDING
If you submit a testimonial to us, then you authorize us to copy, publish and distribute your testimonial, together with your name and any photos or videos that you send us (collectively, the “Testimonial”), for purposes of publicizing the Company’s products and services and for any other lawful purpose. The Testimonial may be used in printed publications, multimedia presentations, websites and any other distribution media. You agree that you will make no monetary or other claim against the Company for the use of the Testimonial. You further agree that we may edit the Testimonial and publish edited or partial versions of the Testimonial. However, we will never edit a Testimonial in such a way as to create a misleading impression of your views.
Throughout the tour, photography and audio/video recording may occur. You hereby consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, inclusion on websites, social media, or any other purpose by Company. You release Company, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. You waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication. You also waive any right to inspect or approve any photo, video, or audio recording taken by Company or the person or entity designated to do so by the Company.
You hereby hold harmless and release the Company from all claims, demands and causes of action which you, your heirs, representatives, executors, administrators or any other persons acting on your behalf or on behalf of your estate have or may have by reason of the above authorizations.
These Terms & Conditions may be amended from time to time in the Company’s discretion and pursuant to applicable law. Amended versions of these Terms & Conditions will be effective upon posting at https://liveskyin.com.