PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING www.airexcelonline.com.
By using www.airexcelonline.com, the user agrees to the following terms and conditions:
1. www.airexcelonline.com is operated by Air Excel Ltd. The site offers a variety of tourism services and products including flights, organized trips and package deals ("The Services").
2. The Services offered on www.airexcelonline.com may be provided by Air Excel Ltd. and/or other various third party providers and distributors.
- The use of www.airexcelonline.com is subject to the terms and conditions stipulated hereunder ("The Terms and Conditions.") The Terms and Conditions constitute an agreement between Air Excel Ltd. and the user of www.airexcelonline.com.
- The user is requested to read carefully the Terms and Conditions as they determine his rights and obligations. Using www.airexcelonline.com and typing "I agree to the Terms and Conditions" at the end of this form, constitute a definite and irrevocable acceptance on the part of the user to all the Terms and Conditions, and the user and/or anyone on his behalf shall not have any claim and /or demand, whether direct or indirect, against Air Excel Ltd. and/or its owners and/or anyone acting on their behalf, except as provided here within
4. Air Excel Ltd.. reserves the right to change and/or modify, at any time and at its sole discretion, the Terms and Conditions, the scope and availability of the offered Services and products at www.airexcelonline.com and any other aspect connected and/or related to www.airexcelonline.com. Each change and/or modification shall take effect from the time of its inclusion in www.airexcelonline.com. The binding Terms and Conditions of each order made by the user shall be the Terms and Conditions appearing on the www.airexcelonline.com site at the time of the order. A user who does not agree with any part of the Terms and Conditions must not use www.airexcelonline.com.
- The Terms and Conditions refer to both male and female, and the linguistic use of the male gender is for convenience only.
5. Information Security and Privacy
The personal details that the user submits while making a order, including the details of his purchase(s), shall be retained by Air Excel Ltd. for its database. Air Excel Ltd. shall not transfer this information to any third party, except to its service providers and only for completing the order.
- Air Excel Ltd. dedicates resources and takes measures to prevent others from entering www.airexcelonline.com and infringing upon the privacy of the www.airexcelonline.com users. Yet it is impossible to totally prevent others from entering the site and obtaining the information contained within, without Air Excel Ltd. knowledge and authorization. Therefore, the user hereby declares that he shall not have any claims and/or demands, of whatever sort, against Air Excel Ltd. and or anyone acting on its behalf arising from such unauthorized use of the information if it shall regretfully occur.
6. Ownership and Rights
www.airexcelonline.com, the trademarks and models contained within are the property of Air Excel Ltd. and/or of other third parties that advertise in www.airexcelonline.com. The user must not change and/or modify the content and/or the information and/or the data and/or the software and/or the Services and/or the products and/or anything else contained within www.airexcelonline.com. Furthermore, the user must not copy and/or reproduce and/or republish and/or distribute and/or sell and/or transfer and/or modify and/or use, in any way or kind, directly and/or indirectly, data and/or information and/or any other element contained and/or is a part of www.airexcelonline.com, (except download, display and/or print one copy of the information presented at www.airexcelonline.com, on a single computer, for personal, non-commercial use only).
7. Nothing contained on www.airexcelonline.com should be construed as granting any license and/or any right to use any of the propriety rights displayed on www.airexcelonline.com, nor any waiver of whatever kind, of those rights by their owners.
8. The use of any trademarks and/or other propriety rights, contained in www.airexcelonline.com, on any other Web site and/or in any other environment of networked computers is strictly prohibited. The user must not post and/or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material and/or any other material that could constitute and/or encourage conduct that would be considered a criminal offense and/or give rise to civil liability and/or otherwise in violation of any law domestic or foreign.
9. Illegal and/or unauthorized use of www.airexcelonline.com and/or of the information contained in www.airexcelonline.com shall constitute a breach of copyrights and/or trademarks and/or other intellectual properties and a violation of propriety laws.
- The user hereby declares that he knows that www.airexcelonline.com and all the information and/or data contained within, as well as the form and design of www.airexcelonline.com, are the exclusive property of Air Excel Ltd. and in the case of third parties' advertisements the property of those other third parties.
10. Air Excel Ltd. and any third party advertising on www.airexcelonline.com make no warranty of whatever sort or kind in regard to www.airexcelonline.com and the Services and products advertised in www.airexcelonline.com, all of which are provided on an "as is" basis. Air Excel Ltd. and any third party providers and/or distributors, do not warrant the accuracy and/or completeness and/or reliability of any of the content and/or information and/or data contained on www.airexcelonline.com, and expressly disclaim, to the fullest extent permitted by the applicable law, all warranties and conditions, including implied warranties and conditions of merchantability and/or fitness for a particular purpose, and non-infringement, and those arising by statute and/or otherwise in law and/or from a course of dealing and/or usage of trades. www.airexcelonline.com also includes information over which Air Excel Ltd. has no supervision and/or control. Air Excel Ltd. does not verify the authenticity of this information and will not bear any liability for any mistake and/or deceit and/or discrepancy and/or missing information included therein.
11. Conditions and Liabilities
The liability of Air Excel Ltd. is limited by their terms of contract as well as by international conventions and local laws. Before reserving a flight through www.airexcelonline.com, it is recommended to read the specific customer contract of the airline that operates the flight. If the user wishes to receive the contract conditions of the airline which operates the flight, he can contact Air Excel Ltd.'s Reservations Center, and this information, if available, shall be given to him under the condition that the user has reserved the flight through www.airexcelonline.com.
12. If the Services ordered by the user are not services that are provided by Air Excel Ltd., Air Excel Ltd. shall be considered as an intermediate only, between the user and the airlines and/or the travel agencies and/or the tour operators, and therefore Air Excel Ltd. shall not be responsible and/or liable, directly and/or indirectly, to any damage and/or loss, of whatever sort or kind, caused due to the faulty and/or improper performance of those services and the sole responsibility and liability, in this regard, shall be borne by the service providers, according to their terms of service.
13. Air Excel Ltd. and/or any of the managers of www.airexcelonline.com and/or the operators of www.airexcelonline.com and/or anyone acting on their behalf do not warrant that the site is free from viruses and/or other malicious components that may damage the user's computer and/or other equipment and therefore shall not be responsible, under any circumstances, and/or liable for any damages, of whatever sort or kind, caused by such viruses and/or other components.
14. In no event shall Air Excel Ltd. and/or any third party providers and/or distributors be liable for any injury and/or loss and/or claim and/or damage and/or any special and/or exemplary and/or punitive and/or indirect and/or incidental and/or consequential damage of any kind (including but not limited to lost profits and/or lost savings and/or revenues), whether based in contract, tort, strict liability, or otherwise, which arises out, or in any way connected with, any use of www.airexcelonline.com and/or any failure and/or delay (including but not limited to the use, or inability of use, of any component of www.airexcelonline.com), the performance and/or non-performance by Air Excel Ltd. and/or any third party providers and/or distributors, even if Air Excel Ltd. and/or any such third party has been advised of the possibility of such damages.
15. The user shall compensate and indemnify Air Excel Ltd. and/or anyone acting on its behalf and/or any third party providers and distributors and their officers, directors, employees, and agents, from and against any claims and/or demands including for all the expenditures and/or damages and/or legal costs that Air Excel Ltd. may be liable to due to the usage of www.airexcelonline.com by the user.
16. Change, Modifications, and Cessation of the Site and Offered Services
Air Excel Ltd. may cease at any time the activity of www.airexcelonline.com and/or cancel the Services offered in it, including but not limited to all or some of the links contained in www.airexcelonline.com to other sites.
" Air Excel Ltd. may cancel the purchase of the Services by the user, without any prior notice. Air Excel Ltd. may refuse access or cease access to www.airexcelonline.com or to any part of it, to any user and at any phase, at its sole discretion and without any prior notice.
" Air Excel Ltd. may change and modify, from time to time, the site's structure and/or outlook and/or terms and conditions of use and/or the scope and availability of its offered services and/or any other element connected to the site, its operation and the Services, at its sole discretion and without prior notice.
17. All pictures and images displayed on www.airexcelonline.com are for demonstration purposes only and do not, in any of form, constitute any obligation of whatever sort on Air Excel Ltd.'s part.
18. Information displayed on www.airexcelonline.com that is given to Air Excel Ltd. by third parties is under the sole responsibility of those parties, and Air Excel Ltd. shall not be responsible and/or liable to any mistakes and/or misrepresentation, of whatever sort regarding such information.
19. Use of www.airexcelonline.com
The user may use www.airexcelonline.com to make legitimate orders or purchase different services and must not use www.airexcelonline.com for any other purposes, including without limitation, to make any speculative, false, or fraudulent order and/or any order in anticipation of demand.
20. A order through www.airexcelonline.com can be paid only by a credit card. Any person who owns a valid credit card of one of the following Credit Card Companies may purchase services through Air Excel Ltd. Net: Visa, American Express, MasterCard and JCB. Without detracting from the above stated, a condition precedent for the execution of the purchase order through www.airexcelonline.com is the receipt of the approval of the user's credit card company for the purchase.
21. www.airexcelonline.com is intended for making orders and purchasing different services and products and for the receipt of information in this regard to such services and products. No other use is permitted.
22. If the user represents that he is of a sufficient legal age to use www.airexcelonline.com and to create binding legal obligations for any liability that he may incur as a result of the use of www.airexcelonline.com, he shall be financially responsible for all uses of www.airexcelonline.com by the user and those using his login information.
23. Reservation Procedure
The user should enter in the chosen order's details, the credit card details, and all other details requested by the order form. The user shall be solely responsible for all errors while entering the different requested details, including but not limited to errors in choosing the flight destination and/or vacation and/or the number of tickets and/or services that the user wishes to purchase and/or mistakes in regard to the ages of the passengers and/or in regard to the passenger's passport details.
24. Air Excel Ltd. and/or third party providers and/or distributors shall not be responsible and/or liable, directly and/or indirectly, if the order and/or some of the order's details shall not be accepted by the system, for whatever reason and/or cause.
25. Air Excel Ltd. shall not be responsible for any technical and/or other problems that shall prevent the user from purchasing the Services on www.airexcelonline.com.
26. Entering false details, including invalid credit card details and/or details of credit cards that the user has no right to use, is a criminal offense. Legal action can be taken against anyone entering false information, including civil suits for damages, which Air Excel Ltd. and/or any third party providers and/or distributors, might incur due to, or in regard to, the entering of false information.
27. Air Excel Ltd. and/or third party providers and/or distributors are under no obligation to accept the user's order and/or to give it priority over other orders including orders that were made at a later time.
28. Prices and Payments
The prices listed on www.airexcelonline.com are valid for orders made exclusively through www.airexcelonline.com, The prices specified on www.airexcelonline.com are in U.S. dollars. All payments in different currencies shall be translated to U.S. dollars, according to the selling transfer rate of the U.S. dollar. Air Excel Ltd. shall debit the user's credit card for the order only after confirmation of the order.
An extra fee will be charged for order changes and/or cancellations.
" Reservation that have been sent and cancelled shall be charged with full cancellation fees.
" The cancellation fees that the user shall be charged with shall be at the rates customary in Air Excel Ltd. and/or as charged by third party providers and distributors of the Services. The user is requested to ascertain, by phone, the rate of the cancellation fees before the actual cancellation.
Air Excel Ltd. recommends that the user acquire insurance policies, which will cover events of cancellations, and a medical insurance policy. Air Excel Ltd. recommends that the user check carefully the terms and conditions stated in these polices.
30. General Flight Information
The flight schedules and the airport of origin and destination are subject to changes.
31. Visas and Passports
" The user shall be solely responsible for any damages of whatever sort or kind that may be caused by any errors in typing passport details, including their expiration dates. A passenger who claims to have a valid exit or entrance visa, in accordance with the law of the relevant countries, and then finds out at the airport of departure or destination, that he does not hold a valid visa and/or other essential documents, is solely responsible for all the damages that he and/or the airline and/or Air Excel Ltd. and/or anyone acting on its behalf, shall incurred.
" The passenger shall indemnify the airline and/or Air Excel Ltd. and/or anyone acting on its behalf, for such damages immediately upon Air Excel Ltd.'s first demand. In addition and without prejudice to the passenger's obligation, Air Excel Ltd. shall be entitled to debit those amounts by charging the passenger's credit card that the details of which were given by the passenger and/or any other means.
32. Links to Other Sites
www.airexcelonline.com contains links to different commercial Web sites and other Internet pages (hereinafter: "the Other Web Sites"). Air Excel Ltd. has no control over the Other Web Sites, and the use of them is subject to the terms, conditions and other instructions detailed in the Other Web Sites, if such exist. The Web Sites are provided only for the user's convenience and are not endorsed by Air Excel Ltd. in any way or form.
33. Air Excel Ltd. shall not be liable in any way whatsoever to the contents of the Other Web Sites and the inclusion of the links are not, in any way, confirmations of whatever sort, on Air Excel Ltd.'s behalf, as to the truthfulness and/or correctness of the information contained on the Other Web Sites.
34. If the user shall decide to access the Other Web Sites, he does so at his own risk. Every transaction that the user will carry out on the Other Web Sites shall be executed directly between the user and the Other Web Site and/or the site owners and/or its operators and/or anyone acting on their behalf, without any involvement on the part of Air Excel Ltd. and/or anyone acting on Air Excel Ltd.'s behalf, and Air Excel Ltd. and/or anyone acting on its behalf shall not be liable, in any way or form, to any act and/or transaction and/or purchase that shall take place in the Other Web Sites.
35. By using www.airexcelonline.com, the user agrees and acknowledges that he will have no claim and/or demand, of any kind or form, against Air Excel Ltd. and/or anyone acting on its behalf for any use and/or act and/or transaction and/or purchase of products and/or services that will take place on the Other Web Sites.
36. If Air Excel Ltd. and/or anyone acting on its behalf, shall try out of their good will and on exceptional basis to assist in solving a problem of a user on www.airexcelonline.com that chose to carry out a transaction on the Other Web Sites, this assistance shall not be interpreted in any way as putting any liability, of whatever kind or form, on Air Excel Ltd. and /or anyone acting on its behalf. Similarly, nothing shall be interpreted in these Terms and Conditions as creating any liability of whatever sort or kind on Air Excel Ltd. and/or anyone acting on its behalf, for any act, whatsoever, that the user has taken on the Other Web Sites or by means of the Other Web Sites.
37. Entire Agreement, Additional Terms and Severability
These Terms and Conditions, together with those incorporated herein or referred to herein, constitute the entire Agreement between Air Excel Ltd. and the user, relating to the subject matter hereof, and supersedes any prior understandings and/or agreements (whether oral and/or written) regarding the subject matter, and may not be amended and/or modified except in writing or by making such amendments or modifications available on www.airexcelonline.com.
38. Additional terms and conditions may apply to orders, purchases of goods and/or services and other uses of portions of www.airexcelonline.com, and the user agrees to abide by such other terms and conditions.
39. The Terms and Conditions shall be deemed severable. If any provision shall be determined to be unenforceable and/or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by the applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
40. Jurisdiction and Choice of Law
The law of the State of Tanzania only, shall govern this Agreement and the orders made through www.airexcelonline.com. The Courts of the Nairobi district in Tanzania shall have the exclusive jurisdiction in any dispute and/or complaint and/or the claim regarding the use of www.airexcelonline.com and the purchases/orders made on it.
41. GENERAL CONDITIONS OF CARRIAGE:
- The liability of the carrier in the event of personal injury, death, loss or damage of baggage is subject to and limited to the provisions of the Warsaw Convention.
- Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
- Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetable or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
- The Carrier provides the services with small general aviation planes; therefore, some restrictions caused by the size and type of aircraft may apply.
- The Carrier reserves the right to use single or twin-engine aircraft on any route.
- On all the services baggage allowance is 15kgs in soft bags. This allowance shall include all hand baggage. The carriage of excess baggage is at the sole discretion of the Company after taking into consideration the aircraft being used and the number of passengers booked. When excess baggage is carried it will be charged at the prevailing rate.
- Passengers shall comply with relevant travel and Governmental regulations in force at the point of departure and destination, present all documents required by the carrier and arrive at the airport by the time fixed by the carrier or if no such time, early enough to complete departure formalities.
- No agent, servant or representative of the carrier has authority to alter, modify or waive any provision(s) of this contract.
- Carrier is not a "Common carrier" and does not accept the obligations or liability of a "Common carrier". In particular the carrier may refuse to carry any goods at will and is not an insurer for the safety of the goods he carries.
- The carrier reserves the right to refuse carriage to any person who has acquired a ticket in violation of the applicable law(s) of the country or the carrier's tariffs, rules or regulations.
- Checked baggage will be delivered to bearer of the checked baggage coupon; in case(s) of damage(s) to or loss of baggage or delay in baggage delivery, complaints must be made in writing to the carrier immediately.
- The carrier reserves the right to re-allocate seats if they are not claimed 15 minutes before scheduled departure time.
- Tickets are not transferable.
- Smoking is not permitted on any of our aircraft.
- Tickets are to be issued 30 days before date of travel to avoid automatic cancellation of the reservation.
- The Law of Tanzania shall govern the contract evidenced hereby or contained herein and the Tanzanian courts shall determine any claim or dispute.
- Check-in-Time: Passengers must check in 60 minutes before the scheduled departure time on all flights.
- In case of reservations paid by credit card, the credit card holder has to be one of the passengers travelling.
42. CANCELLATION & NO-SHOW POLICY
- Cancellations/amendments within four days of time of the flight will be charged in full.
- Cancellations/amendments between 4-7 days of time of flight attract 50US$ handling fee per ticket.
- Cancellations/amendments 7 days or more of time of flight attract 10US$ handling fee per ticket.
- No-shows - Should a passenger not travel on the ticketed flight(s) then the unused sector(s) of the ticket may be used by the same passenger within 6 months of the original date of travel on a stand-by basis. Refunds in part or total for unused tickets will be made at the discretion of the carrier only when there are exceptional reasons that can be supported in writing.