Terms and Conditions
Website terms and conditions
By accessing and using the website at http://www.asiliaafrica.com/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
The materials contained in this website are protected by applicable copyright and trademark law.
http://www.asiliaafrica.com/is a website operated by Asilia Africa Limited (“we”, “our” or “us”). We are registered in Mauritius under the name Asilia Africa Limited with the registration number 094583 C1 GBL and have our registered office at Mauritius International Trust Company Limited, 4thfloor, Ebene Skies, Rue de l’Institut, Ebene, Mauritius.
The following policies also apply to your use of this site:
2. USE LICENSE
a) You are hereby granted a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence to temporarily download one copy of the materials (information or software) on Asilia Africa’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i) modify or copy the materials;
ii) use the materials for any commercial purpose, or for any public display
iii) attempt to decompile or reverse engineer any software contained on Asilia Africa’s website;
iv) remove any copyright or other proprietary notations from the materials;
v) transfer the materials to another person or “mirror” the materials on any (commercial or non-commercial) or other server;
b) This license shall automatically terminate if you violate any of these restrictions and may be terminated by Asilia Africa at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a) The materials on Asilia Africa’s website are provided on an ‘as is’ basis. Asilia Africa makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non- infringement of intellectual property or other violation of rights.
b) Further, Asilia Africa does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
a) In no event shall Asilia Africa or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Asilia Africa’s website, even if Asilia Africa or a Asilia Africa authorized representative has been notified orally or in writing of the possibility of such damage.
b) Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
c) Nothing in these terms of website use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by any applicable law.
5. ACCURACY OF MATERIALS
a) The materials appearing on Asilia Africa’s website could include technical, typographical, or photographic errors. Asilia Africa does not warrant that any of the materials on its website are accurate, complete or current. Asilia Africa may make changes to the materials contained on its website at any time without notice. However Asilia Africa does not make any commitment to update the materials.
a) Asilia Africa has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Asilia Africa of the site. Use of any such linked website is at the user’s own risk.
a) Asilia Africa may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. GOVERNING LAW
a) To the extent permitted by applicable law, these terms and conditions are governed by and construed in accordance with the laws of Arusha, Tanzania and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
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Asilia Africa Limited (“we”, “our” or “us”) processes personal information (as defined below) in accordance with the Protection of Personal Information Act of 2013 (the POPI Act) and where applicable, the EU General Data Protection Regulation (the GDPR).
1. INFORMATION WE MAY COLLECT FROM YOU
1.1 information that you provide by filling in forms on or through our site, including any online enquiries. We may also ask you for information when you report a problem with our site or any services you have received from us;
1.4 a record of correspondence if you contact us;
1.5 information obtained from surveys that we may ask you to voluntarily complete from time to time, which we use for research purposes;
1.6 information posted by you pursuant to reviews of our site and the services; and
1.7 any other information that may be necessary: (i) to carry out actions for the conclusion or performance of a contract to which you are a party; (ii) to comply with an obligation imposed on us by law; (iii) to protect your legitimate interest; (iv) to pursue a legitimate interest of ours or of a third party to whom the information is supplied.
2. INTERNET PROTOCOL ADDRESSES
We may collect information about your device, including (where available) your internet protocol address, operating system and browser type, for system administration, and to report aggregate information to our advertisers and/or service providers. This is statistical information about your browsing actions and patterns, and you cannot be identified by this information.
3. WHERE WE STORE YOUR PERSONAL INFORMATION
The information that we collect from you may be transferred to, and stored at, a destination outside of the jurisdiction where it was collected. In the event such transfer includes a transfer of personal data from the European Union to a country which has not been designated as a country with an adequate level of protection by the European Commission, we will take such measures as may be necessary to transfer the personal data in a lawful manner.
4.1 We take information security seriously and use reasonable and adequate administrative, technical, physical and managerial measures to protect your personal information from unauthorised access. For example, we utilise an industry-standard protocol for certain of your transmissions to us, in order to encrypt certain personal information that you send to us through the enquiry process.
4.2 Unfortunately, no security system can be guaranteed to be completely secure. Accordingly, although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to or through our site or the services, and any transmission is at your own risk. By using our site or providing information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our site.
4.3 In order to provide you with ease of access to your account and to help administer our site and the services, we implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other username identification when you revisit our site and the services. You can choose not to take advantage of this feature on your computer or other device by unchecking the box “remember me” when you login on or through the application. To remove access to your account from your computer or other devices: (a) email our administrator at firstname.lastname@example.org for deactivation (note, deactivation may not occur immediately) or (b) delete your settings from your computer or other device (steps vary by device and the option is not available on all devices). You are responsible for maintaining the confidentiality of your account access information and for restricting access to your computer or device through which you access your account. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or other device, you should log-out and deactivate the device before doing so. If you do not maintain the security of your password or device, or fail to log out or deactivate your device, subsequent users may be able to access your account, including your personal information.
4.4 We will not be liable for any access to your personal information that is obtained by any third party through your failing to adequately restrict access to your device or your account.
5. USES MADE OF THE INFORMATION
5.1 We use information and personal information held about you and other users for the following purposes:
5.1.1 to ensure that content on our site and the services is presented in the most effective manner for you, and for your computer or other device;
5.1.2 to communicate with you, including in respect of any enquiry or booking request you may submit to us;
5.1.3 to provide you, or allow our service providers to provide you, with information, products or services that you request from us or which we feel may interest you (such as newsletters, messages about new features, special offers, promotional announcements, consumer surveys and other marketing concerning our site and the services we provide), where you have expressly consented to be contacted for such purposes;
5.1.5 to carry out our obligations arising from any contracts entered into between you and us, if any, including the website terms and conditions;
5.1.6 to allow you to participate in interactive features of our site and the services we provide, when you choose to do so; and
5.1.7 to notify you about changes to our site and the services we provide, or to the website terms and conditions.
5.2 The processing of personal data for the purposes specified above will be conducted on a legal basis. These legal bases are, amongst others: consent, necessity for the performance of a contract or a legitimate interest. Legitimate interests may include: marketing, advertising, research and an analysis of our products and services.
5.3 We do not disclose information about users to our advertisers (if any) but we may provide them with aggregate information or information in an otherwise anonymous form about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement and/or web page on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, individuals in a specific territory).
5.5 In addition, we may use other companies, agents or contractors to perform services on our behalf or to assist us with the provision of access to our site and the services to you.
6. DISCLOSURE OF YOUR INFORMATION
7. YOUR RIGHTS
You have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your information) if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the form on which we collect your information or by responding to the emails we send you in this regard. You can also exercise this right at a later time by contacting us at email@example.com.
In the event the GDPR applies to Your personal information, you have the following (additional) rights:
(i) Right of access, this means you can make a request to obtain access to the personal data concerning you;
(ii) The right to rectification or correction of your personal data;
(iii) The right to erasure of the personal data concerning you;
(iv) The right to restriction of the processing;
(v) The right to data portability, this means that you have the right to receive your personal data in a structured, commonly used and machine-readable format, and that you have the right to transmit those data to another controller;
(vi) The right to object to profiling;
(vii) The right to lodge a complaint with a supervisory authority;
(viii) The right to withdraw your consent.
The above stated rights can be exercised by submitting a request to: firstname.lastname@example.org.
8. ACCESS TO INFORMATION
8.1 The POPI Act gives you the right to access personal information held about you. Your right of access can be exercised in the manner set out in section 25 of the POPI Act read with sections 18 and 53 of the Promotion of Access to Information Act 2 of 2000, by submitting an access request to our information officer at email@example.com. Any access request may be subject to a fee for meeting our costs in providing you with details of the personal information we hold about you. If you have a question regarding our privacy practices, or want to exercise your rights regarding your personal information, please contact us at firstname.lastname@example.org.
10.1 Your personal information is controlled by us (address below), and we provide you with access to our site and the services and are the responsible party (where applicable).
10.3 Use of our site constitutes acceptance of the website terms and conditions.
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1. WHAT ARE COOKIES?
1.1 A cookie is a small file of letters and numbers that is stored by your internet browser and transferred to the hard drive of your computer or mobile device. Cookies contain basic information about your internet use, but most Cookies do not identify you personally. Your browser sends these Cookies back to the web sites that you visit every time you visit them, so they can recognise your computer or mobile device. This is done in order to personalise and improve your browsing experience.
1.3 We may work with third party advertisers to give you access to interesting and exciting content through our site. So, as well as setting some Cookies ourselves (First Party Cookies), we may also allow some advertisers who display advertisements on our site to set Cookies (Third Party Cookies). These Cookies record information about your use of advertisements. This helps advertisers to show you advertisements that are more likely to interest you, limit the number of times you may see an advertisement, and also to help to improve your online experience.
2. TYPES OF COOKIES
2.1 These Cookies are necessary to help you access and move around our site and use the services, and all other features. Without these Cookies, functionality of our site would be limited and you would not be able to use some of the services. For example, a Cookie is used to keep you logged in during your visit to our site. We may also use essential Cookies for fraud detection and prevention purposes.
2.2 You are not able turn off necessary Cookies. The reason for this is that such Cookies are necessary for our site to function fully, and for you to access and use the content and services.
2.4 These are used to recognise you when you return to our site. this enables us to personalise content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
2.5 Some customisation Cookies may be essential if you want to use certain Services.
2.6 To the extent that we may allow for advertising on our site, advertising Cookies help to ensure that the advertisements you see on our site are as relevant to you as possible. For example, some advertising Cookies help select advertisements that are relevant to your interests. Others help prevent the same advertisement from continuously reappearing for you.
3. CONTACT US
These conditions apply to bookings with: Asilia Africa Limited, Asilia Lodges & Camps Limited and Asilia Kenya Limited (collectively and/or individually referred to below as: "Asilia Africa"). In case Asilia Africa has explicitly agreed by signed agreement to conditions that divert from the below, such explicitly agreed conditions will prevail.
Standard Booking confirmation:
By sending a booking request you confirm to have read these booking conditions and agree to be bound thereto.
Asilia Africa only accepts booking requests through in writing/per email. Booking requests through telephone, skype or other form of communication are not accepted. Asilia Africa will start to confirm your arrangements upon receipt of your booking request and upon receipt of your deposit payment. Confirmations will not be made for Asilia or other arrangements before the deposit payment has reached Asilia’s accounts under any circumstances.
A booking is made once Asilia has sent a written/email confirmation of the booking to you ("Booking").
Asilia Africa reserves the right to refuse bookings at its sole discretion and all Bookings are subject to full compliance with these terms.
Deposit and payments:
A deposit of 20% of the invoice amount (or greater if specified in your quotation according to 3rd party deposit requirements, date of travel etc) must be received by Asilia Africa in order to confirm your travel arrangements and the remainder must be in one of Asilia's bank accounts at least 60 days prior to the date of arrival (in accordance with the payment terms below).
If a Booking is made within 60 days of the date of arrival, the full invoice amount has to be paid within 5 days of the date of the Booking
Notwithstanding the below cancellation policy and any other rights it may have, Asilia Africa may release all arrangements in your Booking in the event of non-compliance hereof and may charge a penalty interest of 7.5% per annum on any overdue amounts (without becoming liable for damages). Any applicable bank charges are for your expense and Asilia Africa is entitled to offset due amounts with any amounts received from, or held on behalf of, you on whatever grounds.
Cancellation or no show:
Cancellations or amendments of Bookings must be received by Asilia Africa in writing/per email to be effective. In the event of cancellation or amendment of a Booking after Confirmation the following policy will apply:
From Confirmation up to 61 days prior to arrival - 20% of the invoice amount (the non-refundable deposit) will be payable
60 to 31 days prior to arrival - 50% of the invoice amount will be due and payable
30 days or less prior to arrival - 100% of the invoice amount will be due and payable
No refunds will be made in case of late arrival or no show
No amount over and above the deposit amount will be due and payable if, upon reasonable proof, the customer is unable to honour his/her booking due to death or hospitalisation of the person for whom, or for whose benefit the Booking was made.
All prices and rates are quoted and invoiced in US$ and all payments must be made in US$. Payment in other currencies will only be accepted by pre-arrangement.
WEIGHT AND LUGGAGE RESTRICTIONS:
These limits are applicable when travelling on light air scheduled services on a seat rate basis:
- Passengers weighing more than 100kg must advise us well in advance of travel as an extra seat will have to be costed into the package for safety purposes.
- Luggage is restricted to (maximum in a soft bag/s including camera equipment and carry-on luggage) 15kg/ per person unless otherwise specified
If these limits above are exceeded, kindly note that the additional costs incurred will be for your account.
Changes in rates
Under normal circumstances Asilia Africa wishes to respect agreed rates, but reserves the right to change the rates and terms at any time due to circumstances out of its control (such as, but not limited to, fuel prices, exchange rates, camping/concession fees, service levies or tax increases). In case of material changes caused by government bodies and/or other similar bodies that cannot be influenced by Asilia Africa that would lead to severe losses endangering economically sustainable operations it reserves the right to also change the rates on confirmed and paid Bookings. Any 3rd party rate increases after Confirmation - such as, but not limited to, changes in prices of flights booked - will be fully payable by you.
By booking with Asilia Africa you specifically accept the responsibility to ensure, and warrant, that all your clients individually are adequately insured (also considering the inherent risk involved in going on safari and travelling in wildlife areas) for amongst others cancellation, medical assistance, evacuation, damages and repatriation. While every care is taken to ensure the health of our guests, Asilia accepts no liability if a guest contracts COVID-19, or any other illness, during their travels in East Africa.
You hereby confirm that you have informed your clients that they are obliged to, and you guarantee that they will, sign a customary indemnity form including their medical insurance details upon arrival. You are aware of and agree to the contents of such form.
Check in and departure times
Check in is available from 2pm onwards and departure is required by 10am on the scheduled day of arrival/departure. In the event of late departures additional costs/fees will be incurred as set out below:
1 August – 31 October
If guests wish to remain in camp after check out, there is an additional fee which consists of park fees, an additional lunch (if applicable), and hire of a private vehicle.
If guests would like to retain their room until departure we would charge of 75% of the applicable per night rate, and park fees
Rest of season
If availability at booking allows, guests can use their room until departure if they pay park fees, additional lunch (if applicable), and hire of a private vehicle.
Rubondo Island Camp:
Late departures will be charged an additional lunch and park fees
To guarantee a room until departure, you will be charged 25% of the nightly rate and park fees.
If guests are leaving on the 2pm or 4pm flight and wish to remain in camp after check out, there is an additional fee which consists of park fees, an additional lunch (if applicable), and hire of a private vehicle.
If guests are leaving on the 2pm departure and would like to guarantee their room until time of departure, we would charge of 75% of the applicable per night rate, and park fees.
Due to capacity within camp we cannot guarantee guests their room until departure so please discuss with your Asilia sales consultant before confirming and if we can accommodate the request we would charge of 75% of the applicable per night rate, and park fees.
Mara Bush Houses
Due to the exclusivity of Mara Bush Houses, the following policy is applicable during both low and high season
If guests are leaving on the 2pm or 4pm flight, there is an additional fee which consists of park fees, an additional lunch (if applicable), and hire of a private vehicle.
If guests are leaving on the 2pm or 4pm flight and would like to continue to use the house until time of departure, there is an additional fee which consists of 75% of the applicable rate per night rate, and park fees.
High and Peak season: Families (less than 5 pax) with children aged 5-12 years old must pre book the private vehicle as per availability in res request and this is chargeable at normal rates. If the private vehicle is not available we may not be able to accommodate the booking.
Low and Green season: Families (less than 5 pax) with children aged 5-12 years will receive a FOC private vehicle but this is subject to availability and individual camps will be contacted by the sales team to ask if this booking can be accommodated.
Year round: Families with children aged 5-12 years old will receive a private vehicle FOC for every 5 pax in the family. This vehicle must be pre booked and is subject to availability.
Asilia Africa will do its utmost to assist in minimizing the disruption of itineraries booked through Asilia Africa in case of cancellations, changes or delays due to any of its 3rd party service providers, however any costs incurred in relation thereto will be borne directly by you or your client.
Asilia Africa will notify you as soon as practicable when it is affected by a Force Majeure. Asilia Africa shall not be deemed to be in breach of your Booking or these conditions or otherwise be liable to you, by reason of delay in performance, or by nonperformance of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. If Asilia Africa is affected by Force Majeure it shall be entitled to, on its sole discretion, cancel or vary any arrangements or itinerary in relation to your Booking. Payment of any refund by Asilia Africa as a result of the non-performance of any of its obligations hereunder shall remain its sole and absolute discretion. It being understood that Asilia Africa shall use its reasonable endeavours to reimburse you where possible.
“Force Majeure” means, in relation to Asilia Africa, any circumstances beyond its reasonable control (including, but without limitation, war or threat of war, sabotage, civil disturbance, or requisition, acts of God, fire, accident, flood or explosion, sickness, quarantine, Government intervention, weather conditions or other untoward occurrences).
Health and entry requirements
You ensure and warrant that each member of your party travelling has complied with the necessary visa and health requirements to cover all countries and dates that you are travelling with or booked through Asilia Africa. It is the sole responsibility of you that required travel documents and health precautions are obtained. While every care is taken to ensure the health of our guests, Asilia accepts no liability if a guest contracts COVID-19, or any other illness, during their travels in East Africa.
Photography and marketing
Asilia Africa reserves the right without giving further notice, and you hereby permit us, to make use of any photographs or films produced by ourselves during your stay with us for general publicity purposes without payment or permission.
Failure of Asilia Africa to enforce any provision of these booking conditions shall not constitute a waiver of such provision or affect Asilia Africa's right to enforce that or any other provision in the future. If any provision of these booking conditions is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Disputes and Governing Law
These booking conditions and each Booking are governed by the law of the country of incorporation of the Asilia Africa entity in whose name you have to make payments in accordance with these conditions. Any claims in relation to a Booking or these conditions (including reservations, payments) should be made in writing/email to Asilia Africa as soon as possible, but in any case within 10 days of its occurrence, to allow us to assist in solving the issue jointly in good faith. Additionally, any claims or complaints in relation to our service need to be made immediately upon its occurrence by you to camp management or your contact at our sales office, to allow for an adequate solution of the matter.
Any disputes in relation to these conditions or a Booking that cannot be resolved amicably will be brought to the competent court of the country of incorporation of the Asilia Africa entity in whose name you have to make payments in accordance with these conditions.