For the benefit
of social projects

All the profit generated with come closer Ecotours is for the benefit of social projects in Kenya – for children with disabilities, vulnerable orphans, people living with HIV+ and abused children. More information about the projects we support you find here.

Terms & Conditions

1. INTERPRETATIONS

  •   1.1 unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa;
  •   1.2 "come closer" means come closer Kenyan Ecotours, registered in Kenya under commercial registration number BN/2011/146169 COME CLOSER KENYA ECOTOURS.
  •   1.3 "the client" means the person named on the reservation and booking form and who contracts with come closer on the terms and conditions. The client shall also include any agent who makes any booking of third party clients in respect of a reservation. An agent, as well as the persons named on reservation form, shall be jointly and liable to come closer for the performance of their obligations in terms of these standard terms and conditions;
  •  1.4 "services" means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in Kenya. Such services include, but shall not be limited to the procurement by come closer, acting as agent for the client, with third party service providers, of hotel, lodge and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, reservations with any land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations.
  •  1.5 In terms of terms and conditions, and any contract /s concluded pursuant hereto, come closer acts as agent only for and on behalf of the client in procuring the services. As such, come closer shall procure the services for and on behalf of the client as agent for it with relevant third party service providers concerned. come closer shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
  •  1.6 No variation or alteration of these standard terms and conditions of contract shall be binding on come closer unless embodied in a written document signed by an authorized member of come closer. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.

2. HEALTH & VACCINATIONS

  • 2.1 It is the client's responsibility to be aware of malaria, yellow fever and other potential diseases when travelling to Kenya. 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. come closer does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.
  • 2.2 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 themselves. come closer and its representatives will treat all information in the strictest confidentiality.

3. PASSPORTS & VISAS

  • 3.1 Usually you need a valid passport when travelling to a foreign country. You find further information at the Kenyan embassy in your country or on the website of come closer. The client is responsible to observe the rules.
  • 3.2 The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependants are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents.
  • 3.3 come closer 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 the country, due to incorrect or incomplete documentation or failure to comply with that country's medical requirements, come closer shall not be liable for any costs occasioned thereby.

4. BOOKINGS

  • 4.1 In order to secure a provisional reservation for the services required by a client, the client shall complete in writing and dispatch to come closer the booking reservation form, which is to be found on the website of come closer. The client shall pay come closer a non-refundable deposit of 30% (Thirty percent) of the quoted total booking costs as indicated on the website. In the event of the deposit not being paid after 10 (ten) days from the booking reservation, the provisional booking shall lapse.
  • 4.2 The client shall inform come closer 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 refrigeration for the storage of insulin and other medically prescribed drugs, and any other requirements incidental thereto. The costs of following such special requests, needs or facilities shall be borne by the client and payable on demand.

5. DEPOSITS AND PAYMENT

  • 5.1 All quotations given by come closer in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by an authorized member of come closer, shall be in the currency of Kenya Shilling and Euro. Such quotations shall be inclusive of Kenyan value added tax (where applicable). come closer 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 providers of accommodation and transportation and other third party suppliers.
  • 5.2 The outstanding 70% (Seventy percent) of the total booking costs have to be paid in cash to the guide who picks the client in Kenya at the agreed meeting point. Under no circumstances can come closer accept a delay of this final payment.
  • 5.3 Any revision in quotes will be proportional 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 come closer for determination.
  • 5.4 Although come closer strives to ensure that all rates displayed on sites are correct and accurate, come closer reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable on demand to come closer.
  • 5.5 All payments from a client to come closer shall be free of deduction or set-off. Payments shall be made by the client to come closer by way of cash, direct transfer or by credit card. The client shall provide come closer 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.
  • 5.6 Some items are not included in the cost of the booking. These costs are the responsibility of the client including, the costs of insurances, insurance cover for cancellation and curtailment, repatriation costs, medical expenses, emergency evacuation, beverages, meals and any optional excursion not reflected on the booking reservation.

6. CANCELLATIONS AND REFUNDS

  • 6.1 Cancellations of confirmed bookings may only take place according to the procedure outlined in this clause. All requests for cancellations shall be made by the client in writing to come closer and shall only be effective on the date of actual receipt by come closer.
  • 6.2 The deposit will not be refunded in any case, no matter how many days prior to embarkation (for this purpose, embarkation shall mean the date on which a client is booked to commence travel or to commence an excursion for which the services are booked which ever is the greater) the client gives notice. The following percentages of the total costs have to be paid:
    To the 30th day prior to departure: 10%
    29 – 20 days notice given: 25%
    19 – 10 days notice given: 50%
    9 days or less notice given: 85%

7. RIGHT OF RETENTION

  • Until such time as come closer has received payment in full for the services as set out in the confirmed booking reservation, the tour won´t start and it is up to the guide of come closer to decide how to continue.

8. ALTERATIONS TO ITINERARIES

  • 8.1 come closer has the right at any time 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 come closer'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 the clause above 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. 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 come closer, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a client, but not limited to, the above eventualities. Clients will be charged direct for any emergency evacuation, repatriation and medical expenses by the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned.

10. LIMITATION OF LIABILITY

  • 10.1 come closer 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, including, but without limiting the generality of the aforesaid:
    a. any negligent act or omission or statement by come closer, its servants or agents;
    b. any grossly negligent act or omission or statement by come closer, its servants or agents; unless:
    i. such claim arises from the wilful misconduct of come closer, its servants or agents; ii. come closer 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 come closer.
  • 10.2 Notwithstanding anything to the contrary contained in these standard terms and conditions, come closer shall under no circumstances whatever, be liable for any indirect or consequential loss, howsoever caused or suffered by the client.
  • 10.3 come closer is not responsible for any impairment of the performance of an obligation, personal injury or material damage cause by or through the a servant or agent booked by come closer (for example: daytrips and half daytrips, transport).
  • 10.4 The client has to give notice to come closer in case any claims or deficiencies arise. The omission of such a report can be taken into account to the customer as contributory negligence and be reduced or excluded any requirements for compensation.
  • 10.5 The right of compensation becomes time-barred after one year from departure.

11. RISKS

  • 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.

12. CHILD POLICY

  • 12.1 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 come closer.
  • 12.2 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.
  • 12.3 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 come closer at the time of booking. come closer cannot be held liable for any changes to the suppliers' child policy.

13. PHOTOGRAPHIC MATERIAL

  • come closer 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 stay in Kenya for the duration of the services provided in terms hereof. come closer, at its sole discretion, may use such photographic, film and video material so taken, for the purpose of any productions, which the client irrevocably gives his consent thereto, and without any consideration being payable to the client.

14. APPLICABLE LAW

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

15. WAIVER CLAUSE

  • No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppel against come closer in respect of its rights herein, nor shall it operate so as to preclude come closer thereafter from exercising its rights strictly in accordance with these standard terms and conditions.

16. DIVISIBILITY CLAUSE

  • In chase one part of these terms and conditions becomes invalide, everything else stated here is not effected. The invalid part of the terms and conditions of come closer is going to be replaced automatically.

    come closer Kenyan Ecotours - 31 August 2011