Terms And Conditions
THE WEBSITE HTTPS://AEDENAROVERS.COM/ IS OWNED AND OPERATED BY AEDENA ROVERS LTD (PTY) LTD (“AEDENA ROVERS”). THE FOLLOWING TERMS AND CONDITIONS FORM THE
BASIS OF YOUR CONTRACT WITH AEDENA ROVERS LTD (PTY) LTD. PLEASE READ THEM
CAREFULLY AS THEY ARE LEGALLY BINDING.
DEFINITIONS AND INTERPRETATION
In this agreement the following words will have the meanings referred to below, unless the context clearly indicates otherwise:
a) Tour Consultant means a travel adviser employed by Aedena Rovers;
b) The Agreemen means the Customer Booking Form (defined below) and the applicable Customer Quotation read with these Terms and Conditions;
c) Customer Quotation means the online itinerary or form sent to you by Aedena Rovers, indicating the estimated prices of the travel products and services that you wish to purchase;
d) The Customer Booking Form means the form completed by you and submitted to Aedena Roversconfirming your acceptance of the Customer Quotation
e) Day means a calendar day;
f) Departure Date means the date on which you start your travels, as indicated in the Customer Confirmation Form;
g) Deposit means the monies payable by you to Aedena Rovers to secure your booking;
h) Force Majeure means any extraordinary event or circumstance beyond the control of the parties, including but not limited to, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics and fire;
i) Aedena Rovers means Aedena Rovers group comprising AEDENA ROVERS LTD Ltd, a private company, registration number: PVT-RXUMDBQV duly registered in terms of the laws of the Republic of Kenya, carrying on business at Highway Business Center, Thome, Nairobi.
j) Involuntary change means a change/s to a booking caused by, scheduled airline failure, bad weather, airport or airline strikes and all other Force Majeure;
k) In writing means written communication sent to Aedena Rovers by recorded delivery post or by email.
l) Your/Your means the client described on the Customer Booking Form.
m) Voluntary change means changes requested by you that do not constitute an Involuntary Change which may result in additional costs including but not limited to cancellation, amendment and administration fees and cost of new services;
n) Overbooking displacement means cancellation or rescheduling of a service by a service provider due to a supplier booking error;
o) Parties means both you and Aedena Rovers;
p) Supplier means a third party who supplies you with travel services, including but not limited to airlines, transfer companies, car rental companies, tour operators, hotels and suppliers of accommodation;
q) Supplier Schedule Failure means a Supplier’s failure to provide you with travel services as per your booking, including but not limited to an Overbooking Displacement;
r) Service fee means the portionof your Total Confirmed Price that covers the services provided by Aedena Rovers including but not limited to booking services, administration, communication, amendment, cancellation and bank charges.
s) Total Confirmed Price means the total cost of services rendered to you on behalf of Aedena Rovers or by Aedena Rovers, as indicated in the Customer Confirmation Form;
t) Expressions in the singular also include the plural, and vice versa; and
u) Pronouns of any gender include the other gender.
a) Tour Consultant means a travel adviser employed by Aedena Rovers;
b) The Agreemen means the Customer Booking Form (defined below) and the applicable Customer Quotation read with these Terms and Conditions;
c) Customer Quotation means the online itinerary or form sent to you by Aedena Rovers, indicating the estimated prices of the travel products and services that you wish to purchase;
d) The Customer Booking Form means the form completed by you and submitted to Aedena Roversconfirming your acceptance of the Customer Quotation
e) Day means a calendar day;
f) Departure Date means the date on which you start your travels, as indicated in the Customer Confirmation Form;
g) Deposit means the monies payable by you to Aedena Rovers to secure your booking;
h) Force Majeure means any extraordinary event or circumstance beyond the control of the parties, including but not limited to, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics and fire;
i) Aedena Rovers means Aedena Rovers group comprising AEDENA ROVERS LTD Ltd, a private company, registration number: PVT-RXUMDBQV duly registered in terms of the laws of the Republic of Kenya, carrying on business at Highway Business Center, Thome, Nairobi.
j) Involuntary change means a change/s to a booking caused by, scheduled airline failure, bad weather, airport or airline strikes and all other Force Majeure;
k) In writing means written communication sent to Aedena Rovers by recorded delivery post or by email.
l) Your/Your means the client described on the Customer Booking Form.
m) Voluntary change means changes requested by you that do not constitute an Involuntary Change which may result in additional costs including but not limited to cancellation, amendment and administration fees and cost of new services;
n) Overbooking displacement means cancellation or rescheduling of a service by a service provider due to a supplier booking error;
o) Parties means both you and Aedena Rovers;
p) Supplier means a third party who supplies you with travel services, including but not limited to airlines, transfer companies, car rental companies, tour operators, hotels and suppliers of accommodation;
q) Supplier Schedule Failure means a Supplier’s failure to provide you with travel services as per your booking, including but not limited to an Overbooking Displacement;
r) Service fee means the portionof your Total Confirmed Price that covers the services provided by Aedena Rovers including but not limited to booking services, administration, communication, amendment, cancellation and bank charges.
s) Total Confirmed Price means the total cost of services rendered to you on behalf of Aedena Rovers or by Aedena Rovers, as indicated in the Customer Confirmation Form;
t) Expressions in the singular also include the plural, and vice versa; and
u) Pronouns of any gender include the other gender.
PART A: YOUR DEALINGS WITH AEDENA ROVERS IN RESPECT OF TRAVEL
SERVICES AND PRODUCTS OFFERED BY SUPPLIERS
1. SECURING YOUR BOOKING
a) In order to confirm your booking, you need to make the following payments to Aedena Rovers:-
- i. 30% Deposit at time of confirmation, 20% a month to travel, and clear balance
upon arrival.
b) If the above payments are not received as indicated, Aedena
Rovers will be unable to confirm the booking for you.
2. PRICES AND PAYMENT
a) All payments must be made by credit card, internet transfer (electronic funds transfer) or
telegraphic transfer (SWIFT) or cash. Payments are normally cleared within five business days.
3. PRICE INCREASE
a) All Customer Quotation Forms and Customer Confirmation forms
generated by Aedena Rovers are based upon external supplier costs such
as air fares, airport taxes, fuel surcharges, accommodation, car hire, park fees and gate fees which are outside of the control of Aedena Rovers. These supplier costs are therefore subject to change until final payment has been received or in the instance of air travel, until air tickets have been issued.
b) You agree that should any such costs increase, such an increase will be for your account and shall be payable to Aedena Rovers or as otherwise instructed by Aedena Rovers.
c) You also acknowledge that:
b) You agree that should any such costs increase, such an increase will be for your account and shall be payable to Aedena Rovers or as otherwise instructed by Aedena Rovers.
c) You also acknowledge that:
- i. airlines reserve the right to levy additional or increased airport taxes and fuel charges – without notice– at any stage prior to flight and any such costs increased as a result of an increase effected by the airline will be for the Client’s account and shall be payable to Aedena Rovers or as otherwise instructed by the airlines .
- ii. road transportation companies such as transfer and car rental companies reserve the right to levy additional charges due to fuel price increases and/or government road levies – without notice – at any stage prior to and any such costs increase as a result of an increase effected by the road transportation company will be for the Client’s accountand shall be payable to Aedena Rovers or as otherwise instructed by the road transportation company;
- iii. Government/National Bodies, concession owners and other such parties involved in the running of private or public natural parks reserve the right to levy additional or increased park fees – without notice – at any stage prior to arrival and any such costs increased as a result of an increase effected by such parties will be for the Client’s account and shall be payable to Aedena Rovers or as otherwise instructed by such parties.
4. CHANGES TO BOOKINGS
a) Aedena Rovers will make every effort to adhereto the confirmed
itinerary. However, where Involuntary Changes are significant – such as change of accommodation or transportation– Aedena
Rovers undertakes:
c) Should you wish to make a Voluntary Change to your booking, Aedena Rovers will use its best endeavors to accommodate you. However, Aedena Rovers reserves the right to chargethe applicable cancellation fees referred to in clause 7 as well as an additional administration fee of US100.00 per person per booking amended together with any additional costs arising from the Voluntary Change, including those charged by the relevant Supplier.
- i. To provide a reasonable alternative at no additional cost, subject to the terms and conditions of the relevant Supplier;
- ii. In the event that you reject the reasonable alternative provided or should a reasonable alternative not be available as per 4.a.i above, to refund you the monies arising from the Involuntary Changes, subject to the terms and conditions of the relevant Supplier
c) Should you wish to make a Voluntary Change to your booking, Aedena Rovers will use its best endeavors to accommodate you. However, Aedena Rovers reserves the right to chargethe applicable cancellation fees referred to in clause 7 as well as an additional administration fee of US100.00 per person per booking amended together with any additional costs arising from the Voluntary Change, including those charged by the relevant Supplier.
5. TRAVEL DEALS AND DISCOUNT RATES
a) All Travel Deals and Discounted Rates advertised on the Aedena Rovers website or quoted in the Customer Quotation form have separate terms and conditions prescribed by the Supplier of the relevant goods and/or Services. It is your responsibility to obtain such separate terms and conditions as you will be bound by them.
6. WAIVER, INDEMNITY AND LIABILITY
a) All vouchers, receipts and tickets issued by Aedena Rovers to you are subject to the supplier’s terms and conditions.
b) Participation in any tour or travel package arranged by Aedena Rovers and provided by any of its Suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk.
c) You indemnify Aedena Rovers and its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.
d) The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against Aedena Rovers for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.
e) Aedena Rovers acts solely in the capacity of an agent for third parties and as such Aedena Rovers holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/ delay/damages/ dissatisfaction caused by third party products and services. Aedena Rovers shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case of a defective product, it is unreasonable to expect Aedena Rovers to have discovered the product failure having regard to Aedena Rovers’s role in arranging access to the third-party products and services on behalf of the Client.
b) Participation in any tour or travel package arranged by Aedena Rovers and provided by any of its Suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk.
c) You indemnify Aedena Rovers and its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.
d) The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against Aedena Rovers for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.
e) Aedena Rovers acts solely in the capacity of an agent for third parties and as such Aedena Rovers holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/ delay/damages/ dissatisfaction caused by third party products and services. Aedena Rovers shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case of a defective product, it is unreasonable to expect Aedena Rovers to have discovered the product failure having regard to Aedena Rovers’s role in arranging access to the third-party products and services on behalf of the Client.
7. CANCELLATION AND REFUND POLICY
f) In the event that you cancel your booking, in full or partially, for any reason whatsoever Aedena Rovers will levy cancellation charges as defined in Section C below. In the occasional instance where Aedena Rovers is able to obtain waivers of cancellation fees and/or secure an ex-gratia
refund from suppliers Aedena Rovers will pass this on to you
less the Service Fee. However, Aedena Rovers makes no
guarantees as to securing such waivers or refunds.
g) Cancellations of bookings must be done in writing. Where cancellations are sent by e-mail, you must obtain an e-mail proof of receiptand retain writtenacknowledgement of receiptfrom Aedena Rovers.
h) Cancellation of bookings.
j) Aedena Rovers will make every effort to ensure delivery of services as defined in the confirmed itinerary however we reserve the right to cancel services where unavoidable due to circumstances beyond the control of Aedena Rovers. In the unlikely instance that Aedena Rovers should cancel services defined in the confirmed itinerary Aedena Rovers will provide a full refund on the cancelled service/s only.
k) Aedena Rovers will make every effort to avoid misquotation. However, we reserve the right to cancel a reservation without liability or penalty if an obvious error or omission leads to a material cost implication.
l) No refunds will be given by Aedena Rovers for partly used vouchers or for no-shows.
g) Cancellations of bookings must be done in writing. Where cancellations are sent by e-mail, you must obtain an e-mail proof of receiptand retain writtenacknowledgement of receiptfrom Aedena Rovers.
h) Cancellation of bookings.
- i. 61+ days before departure: Deposit non-refundable ii. 0-60 days before departure: 100% Cancellation fee
j) Aedena Rovers will make every effort to ensure delivery of services as defined in the confirmed itinerary however we reserve the right to cancel services where unavoidable due to circumstances beyond the control of Aedena Rovers. In the unlikely instance that Aedena Rovers should cancel services defined in the confirmed itinerary Aedena Rovers will provide a full refund on the cancelled service/s only.
k) Aedena Rovers will make every effort to avoid misquotation. However, we reserve the right to cancel a reservation without liability or penalty if an obvious error or omission leads to a material cost implication.
l) No refunds will be given by Aedena Rovers for partly used vouchers or for no-shows.
8. COMPLAINT AND DISPUTE RESOLUTION
a) Any complaints should be telephonically reported to Aedena Rovers at the time of the incident and should be followed up in writing to Aedena Rovers, marked for the attention of the Customer Service Manager, no later than 30 days after the Incident has occurred.
b) Complaints should be forwarded via email to INFO@AEDENAROVERS.com.
c) Aedena Rovers will acknowledge your complaint and endeavour to investigate it with the relevant service provider within a 30 days period after which it will provide you with written feedback.
d) Although Aedena Rovers will make every effort to assist in the resolution of the complaint, it cannot guarantee the satisfactory resolution of complaints for services and products outside of its control and for which it is not responsible.
b) Complaints should be forwarded via email to INFO@AEDENAROVERS.com.
c) Aedena Rovers will acknowledge your complaint and endeavour to investigate it with the relevant service provider within a 30 days period after which it will provide you with written feedback.
d) Although Aedena Rovers will make every effort to assist in the resolution of the complaint, it cannot guarantee the satisfactory resolution of complaints for services and products outside of its control and for which it is not responsible.
PART C: THE LEGAL STUFF
15. GENERAL
a) No amendment, addition or consensual cancellation of this Agreement will be binding unless it is recorded in writing.
b) These Terms and Conditions together with the Customer Booking Form and the Customer Quotation contain all the terms and conditions of the agreement between you and Aedena Rovers. Make sure that everything you have agreedto has been recorded in this Agreement. If there is any conflict between the provisions of these documents, the provisions of the Customer Booking Form will prevail.
c) If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without affecting the remainder of the agreement.
d) Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance insist on them.
e) This Agreement shall be governed by the laws of the Republic of South Africa and shall be enforced by the courts within the Republic of South Africa.
f) You consent to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved may exceed the jurisdiction of the Magistrate’s Court.
g) If Aedena Rovers has to bring legal proceedings against you to enforce payments of amounts owed to it, you shall be responsible to pay all costs Aedena Rovers incurs in collecting the payment.
h) You shall not be entitled to cede any of your rights or assign any of your obligations under this Agreement.
i) If Aedena Rovers is prevented from carrying out all or any of its obligations under this Agreement because of an event beyond its control, Aedena Rovers shall be relieved of its obligations under the Agreement during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any such obligations or loss or damages which you may suffer due to such delay or failure.
j) Updated versions of this Agreement may be sent to you from time to time as and when our policies and procedures change and when external factors such as legislative updates require. Please make sure that you read these amended terms and conditions carefully and raise any queries that you may have.
b) These Terms and Conditions together with the Customer Booking Form and the Customer Quotation contain all the terms and conditions of the agreement between you and Aedena Rovers. Make sure that everything you have agreedto has been recorded in this Agreement. If there is any conflict between the provisions of these documents, the provisions of the Customer Booking Form will prevail.
c) If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without affecting the remainder of the agreement.
d) Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance insist on them.
e) This Agreement shall be governed by the laws of the Republic of South Africa and shall be enforced by the courts within the Republic of South Africa.
f) You consent to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved may exceed the jurisdiction of the Magistrate’s Court.
g) If Aedena Rovers has to bring legal proceedings against you to enforce payments of amounts owed to it, you shall be responsible to pay all costs Aedena Rovers incurs in collecting the payment.
h) You shall not be entitled to cede any of your rights or assign any of your obligations under this Agreement.
i) If Aedena Rovers is prevented from carrying out all or any of its obligations under this Agreement because of an event beyond its control, Aedena Rovers shall be relieved of its obligations under the Agreement during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any such obligations or loss or damages which you may suffer due to such delay or failure.
j) Updated versions of this Agreement may be sent to you from time to time as and when our policies and procedures change and when external factors such as legislative updates require. Please make sure that you read these amended terms and conditions carefully and raise any queries that you may have.
16. ADDRESSES FOR NOTICES AND LEGAL PROCESS
a) The Parties choose the following physical addresses at which documents in legal proceedings in connection with this Agreement may be served (i.e. their domicilia citandi et executandi)
and at which any written notice in connection with this Agreement may be addressed:
- i. Aedena Rovers House: Highway Business Center, Off Thika Road, Thome, Nairobi Kenya
- ii. You: The address provided by you on the Customer Booking Form.
17. CONFIDENTIALITY & COMMUNICATION
a) Aedena Rovers undertakes to take all reasonable and necessary steps to protect your personal information.
b) You authorise Aedena Rovers to electronically record and store the following information for the purposes of communicating information requested by you and in order to provide you with access to restricted pages on the Aedena Rovers website and related websites
b) You authorise Aedena Rovers to electronically record and store the following information for the purposes of communicating information requested by you and in order to provide you with access to restricted pages on the Aedena Rovers website and related websites
- i. Your full name and surnames;
- ii. Your Contact telephone numbers;
- iii. Your Electronic mail address;
- iv. Your IP address;
- v. Your User selected username and password;
- vi. Your Non-personal browsing habits and click patterns;
- vii. Your Profile information; and
- viii. Your Travel information.