terms & conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED BY IMPACT NOMADS.
1. Scope and changes of the terms & conditions
1.1. These terms and conditions constitute a part of your contract with Impact Nomads and, upon acceptance of your application and govern your Impact Nomads program and program. These terms and conditions constitute a binding contract.
1.2. Impact Nomads makes no verbal or written representation, warranty or agreements regarding any program or participation in the program. Impact Nomads responsibilities and liabilities are limited as provided in these terms and conditions.
1.3. Impact Nomads reserves the right to change or modify portions of these terms & conditions at any time without further notice.
2.1Impact Nomads is a program for remote workers as outlined on its website (www.impactnomads.com)
2.2 Impact Nomads organizes and negotiates arrangements that are provided by independent third party providers to create the program.
3.1 All services provided in connection with, before, during or after the program, including but not limited to housing and transportation are provided, owned and operated by independent third party providers, whose employees, facilities, vehicles or vessels, products and services are not subject to impact Nomads supervision or control and Impact Nomads is not their agent or responsible for their actions or inaction.
3.2 Impact Nomads acts only as an arranger for any transportation carrier, accommodation, ground operator, or other suppliers of services connected with the Impact Nomad program (“other providers”), and the other providers are solely responsible and liable for providing their respective products, provisions and services.
3.3 Impact Nomads makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any other provider and any transportation, tours, services, products or facilities provided by other providers.
3.4 You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in your home country.
3.5 During the program, the availability of medical care may be limited or delayed. You acknowledge that all or part of the program may be in areas where medical care and evacuation may not be available. You agree to indemnify and reimburse Impact Nomads in the event Impact Nomads elects to advance the cost of emergency medical care, including medical care provided as well as transportation and/or lodging in connection therewith.
3.6 For your benefit, we strongly recommend that you purchase travel protection to protect against loss or damage to baggage and personal effects, program cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with the program.
3.7 You waive any claim against Impact Nomads and/or its team members for any such loss, damage, injury, or death.
3.8 The itinerary and team members presented on the website are subject to modification and change by Impact Nomads. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.
3.9 You are responsible for obtaining any documents required for your participation in such as a valid passport, visa, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be your responsibility.
3.10 You must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. Impact Nomads encourages participants to consult a doctor for specific medical advice about Kenya.
3.11 In the event you become sufficiently incapacitated as to be unable to direct your own care, there is no one on the program who can direct your care, and Impact Nomads is unable or does not have time to contact your emergency contact, you, by registering for an Impact Nomads program, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon in Kenya. In addition, by applying you certify that you have a medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring, or that in the absence of this medical insurance coverage, you agree to pay all costs of rescue and/or medical services as may be incurred on your behalf.
3.12 Impact Nomads has the right to contact your stated emergency contact for any reason related to your health or safety.
3.13 You are expected to abide by the laws in Kenya. If you at any point during the program performs any illegal activity, Impact Nomads is not responsible for legal ramifications of that action.
4.1 Impact Nomads reserves the right in their sole discretion to accept, decline to accept, or remove any participant on an Impact Nomad program at any time before and during the program period.
4.2 Impact Nomads and its team members reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.
4.3 By registering for an Impact Nomads program, you certifies that you don’t have any mental, physical, or other condition or disability that would create a hazard for yourself or other participants.
4.4 Impact Nomads does not provide guidance on the visa process. You will be responsible to obtain the necessary visa documentation.
4.5 Impact Nomads reserves the right to do a background check for any legal or other reasons why that person should not be permitted to join an Impact Nomads program.
4.6 A minimum number of 10 participants is required for every program. If this number is not met Impact Nomads reserves the right to cancel the Impact Nomads program or suggest another date to the participants who already booked.
5.1 Included is : Accommodation, meals during the program, common workspace (where indicated), and ground transportation in line with the Impact Nomads itinerary; and miscellaneous activities and events mentioned in the itinerary.
5.2 Not Included is: passport, visa, and permit expenses; medical expenses and immunizations; transportation to initial destination and from final destination; personal expenses, laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.
6.1 50% of the payment needs to be done on the moment of booking to reserve your spot.
6.2. The other 50% needs to be paid at least 60 days before the start of the program. Payments must be made via a payment link that we send or via bank transfer.
7. Cancellation and refund
7.1 You may cancel your participation in the program 60 days or more before the start date of the program free of charge. We will then refund you the money except for any transfer costs. If you cancel between one and two months in advance you will receive 50% refund. Only when you cancel less than one month in advance you won't receive a refund.
7.2 During the program, no costs will be reimbursed. Arriving late or leaving an experience in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an Impact Nomads program.
7.3 Impact Nomads reserves the right to cancel any potential program because of inadequate enrollment or any other reason that makes the program economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or your welfare.
7.4 If a program is canceled prior to departure, Impact Nomads will provide you with a full refund of money paid to Impact Nomads; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the program as planned, in which case Impact Nomads will provide you with a refund and/or credit toward a future Impact Nomads experience equivalent to money paid.
7.5 If Impact Nomads cancels a program in progress, you will receive a prorated refund based on the number of days not completed on the program.
7.6 Except as outlined above when Impact Nomads cancels a program, Impact Nomads has no responsibility for any expenses.
7.7 In the case of death of a direct family member (mother, father, brother, sister, partner or children) between 7 days prior and 24 hours before the start of the program, you will receive 100% refund. A death certificate is required as proof.
7.8 In case of a cancellation as result of a Force Majeure, the amount paid, except for the service fee, will be refunded on the traveler’s bank account. “Force Majeure” include, without limitation the following: earthquakes or other natural disasters, acts of God and the public enemy, state of war, revolution, the elements, fire, strikes and any other industrial, civil, or public disturbances, and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military; provided, however, that all such circumstances shall not be within such party's control.
7.9 Refunds arising from any amendment or cancellation request shall be informed by email.
8. Right to expel participants
8.1 We reserve the right to expel any participant from a program or remove a participant from a vessel, vehicle or housing for any reason, including, but not limited, if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other participants, if we reasonably determine your condition would adversely affect your health, safety or enjoyment of that of other participants, or if we determine you have engaged in illegal actions.
8.2 If we remove you from a program in progress or remove you from a vessel, vehicle or housing, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your participation and you will be responsible for the cancellation fee and your travel costs to return back home.
9. Photographs and video
9.1 Impact Nomads reserves the right to take photographs and video during the program. By joining the program you grant Impact nomads the absolute and irrevocable right and unrestricted permission to
use and publish your image, or likeness, without compensation
for commercial, advertising, editorial, or any other purpose; and in any manner and medium
to alter and composite the same without restriction and without your inspection or approval.
You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.
9.2 Photographs and video of the program may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.
10. Limitation of Liability
10.1 Impact Nomads is not liable for any claim for loss, damage, injury death, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by any other provider, including but not limited to any negligent or willful act or failure to act of any other provider or of any other third party. You assume the risk of Impact Nomads negligence.
10.2 We will not be liable to you in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages.
10.3 In connection with the program, Impact Nomads shall not be liable to any participant for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.
10.4 Impact Nomads, its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, assigns (collectively “Impact Nomads”) and its team members shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a program, whether or not occasioned directly or indirectly by an act or omission of Impact Nomads or any other provider, including but not limited to any latent or undisclosed defect in any aircraft, watercraft, vehicle, hotel, hostel, apartment or other service or property operated or provided by any other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the other providers, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control.
11.1. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
11.2. If any provision of these terms & conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms & conditions shall otherwise remain in full force and effect and enforceable.
11.3. These terms & conditions are not assignable, transferable or sub licensable except with Impact Nomads prior written consent.
11.4. Impact Nomads may transfer, assign or delegate these terms & conditions and its rights and obligations without consent.
12. Governing law and dispute resolution
12.1. These terms & conditions and any and all agreements between Impact Nomads on the one hand and you or other party on the other hand shall be exclusively governed by and construed in accordance with the laws of the Netherlands.
12.2. All disputes which might arise in connection with these terms & conditions and any and all agreements between Impact Nomads on the one hand and you or other party on the other hand and which may not be resolved in an amicable fashion, shall be decided by the competent court in Amsterdam, the Netherlands.