Terms and Conditions
TERMS AND CONDITIONS OF TRAVEL, INDEMNITY, NOTICES & RELEVANT INFORMATION
All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf of Zeno Safaris Ltd, its directors or employees (‘the Company’) ARE SUBJECT TO THESE TERMS AND CONDITIONS (‘the Conditions’) and the terms and conditions of various third-party service providers (‘the Principal’) i.e. inter alia, airlines, tour operators, hotels, lodges, cruise companies, car hire companies etc..) who the Company request on YOUR BEHALF to render services or provide products to YOU.
The person making such enquiries, seeking such advice, requesting
The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking, or making any payments or to whom any service is rendered to, is deemed to have read, had explained (where applicable), understood and accepted these Terms & Conditions and HEREBY CONFIRMS AND AGREES that they have the authority to do so in their personal capacity and on behalf of the person in whose name the estimate or quotation or reservation is requested and or on behalf of anyone travelling with them and/or provided and/or the person to whom the services are rendered ( hereinafter collectively referred to as ‘the Client’).
ENQUIRIES / RESERVATIONS, DEPOSITS & CONFIRMATIONS
1. All Enquiries to the Company should be via email through the relevant email address [email protected]
2. Enquiries made through any social media platform (not limited to X, Instagram, Facebook, Messenger of Whatsapp) or mobile phone, sms or personal calls to any of the directors or employees of the Company shall be subject to these terms and conditions.
3. Enquiries or bookings made on Mobile Phone Numbers should be through the dedicated phone numbers of +254722506600 OR +254799402320.
4. All enquiries must contain a brief description of the services requested, the number of people travelling, preferred destination and dates.
5. Upon receipt of the relevant information the Company shall prepare a quote for the proposed booking and share the same with the Client (the Quote).
6. The Company reserves the right to charge a Consultation Fee for processing Enquiries that may be deducted from the final quote upon completion of a booking.
7. The Client must provide full names of the intended travellers / clients together with copies of Passport bio data pages and or National Identity Cards.
8. All enquiries and bookings are subject to availability.
DEPOSITS
9. Where a DEPOSIT is specifically required please note that this is only to secure a TEMPORARY reservation, and said reservation shall only be secured temporarily upon receipt of the Deposit payment as requested.
10. In the event of a cancellation before Confirmation then the Client may lose the entire DEPOSIT based on the terms and conditions of the enquiry/booking at that time and shall be subject to the SOLE DISCRETION of the Company.
CONFIRMED BOOKINGS
11. CONFIRMED BOOKINGS are only made by the Company upon receipt by the Company of FULL PAYMENT of the enquiry made by the Client.
12. Your Confirmed Booking will be acknowledged by the Company whereupon you will be issued a Confirmation Voucher and or Itinerary. PLEASE READ THE ITINERARY.
13. You Confirmation will contain the Inclusions (what you are entitled to under the safari) and the Exclusions (what you are NOT entitled to and may be required to PAY EXTRA for). Please read this.
14. The Company reserves the right to amend the type of provision and or supply of vehicles or guides at its discretion, provided however where a safari Landcruiser is requested a Safari Landcruiser shall be provided.
15. E-tickets are issued once full payment has been received
16. The Company reserves the right to amend the payment policy to fit the requirements set by the supplier concerned. The client will be advised of the said requirements and invoiced accordingly. Should we not receive payment timeously we reserve the right to automatically cancel the reservation.
17. If, after confirming, the client wishes to amend the booking in any way, they may do so, however, this will be subject to availability of change by the Principal at that time and subject to any amendment costs that may be charged. All amendments must be received in writing.
18. A booking that is postponed until a later date is considered to be a cancellation and will be subject to cancellation fees.
Note that the Company reserves the right to amend the Quote if an unreasonable time lapses between the date the Quote is submitted to the Client and the date it is returned to the Company as Confirmed. Furthermore, prices are quoted at the ruling daily exchange rate. Until the Company has received payment of the Quote in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Quote prior to making full and final payment. However, once payment of the Quote in full is received, it is guaranteed (subject to statutory increases such as VAT or other taxes that may be imposed at that time) .
Note that airfares, rail tickets, Park Fees, Conservancy Fees are all subject to the price and conditions quoted by the respective parties and cannot be guaranteed by the Company.
PAYMENTS
1. Unless otherwise indicated all payments to the Company shall be made via Bank Transfer to the Company Bank Account as SHALL be provided by the Company upon confirmation of the quote. All costs and bank charges shall be borne by the Client for such bank transfers.
2. Payments made via MPESA must be made inclusive of withdrawal charges.
3. Where foreign currency is paid if not in United States Dollars the said currency will be converted at the rate as provided by the Bank of the Company.
4. Credit Card Payments and or E-Wallet payments are not accepted.
5. All Payments must be made in advance and prior to the booking date as indicated by the Company to you.
DEPOSITS
1. A deposit of 30% of the Quote shall be required prior to confirmation on our part of any booking (Temporary Partial Booking).
2. All deposits paid and received are subject to our cancellation policy and that of any cancellation policy of the Principal.
CANCELLATION POLICY
1. Where a DEPOSIT is paid and the Client cancels the booking/enquiry the following shall apply:
Low Season –
Within 48 hours from receipt of the Deposit – Full Refund. Any cancellation notice received after 48 hours shall be accepted however any refund of the deposit shall be at the sole discretion of the Company and applicable to deduction of fees, charges and or any conditions of the Principal.
High Season / Peak Season
In the High Season /Peak Season the Company shall endeavour to obtain a refund of any deposit paid to a Principal and if the same is received the Deposit less the Company consultation fees shall be refunded to you the Client, however there is no guarantee that the Deposit will be refunded either from the Company or the Principal.
2. Confirmed Reservations / Bookings – Where FULL PAYMENT has been received by the Company and a Booking / Safari is cancelled by You, reduced in length of stay or reduced in numbers [hereinafter collectively called a ‘CANCELLATION’] then this will be subject to Cancellation and No Show Fees of full payment amount as follows:
“0 – 40” days from receipt of full Payment – 100% cancellation fee (No refund)
“40 – 65” days from receipt of full Payment – Minimum of 75% cancellation fee will apply where such 25% refund shall be at the sole discretion of the Company based on the Principals Terms and Conditions that and may be offered, including but not limited to a deferred booking to a later date or perhaps refund of moneys paid.
“65 days and over” Cancellation Fees shall apply based on the Principals Terms and Conditions that and may be offered, including but not limited to a deferred booking to a later date or perhaps refund of moneys paid. There is no guarantee that the Full payment will be refunded either from the Company or the Principal.
PLEASE NOTE
THE COMPANY AND OR A PRINCIPAL MAY DEFER MONETARY REFUND AND INSTEAD OFFER AN ALTERNATE DATE FOR TRAVEL IN THE EVENT OF A CANCELLATION. A REFUND PAYMENT IS NOT GUARANTEED AND WE THE COMPANY SHALL NOT BE LIABLE IN SUCH INCIDENCES.
Air tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions and the Client MUST enquire about ALL the applicable conditions.
VISA REQUIREMENTS & MALARIA
1. YOU are responsible for the application of your own VISA to your preferred destination.
2. VISA requirements can be found online for travel to Kenya and Tanzania through the official Government websites.
3. We urge you to use only the AUTHORIZED GOVERNMENT WEBSITES.
4. Ensure that for travel to Kenya you obtain your ETA application a MINIMIM OF 15 DAYS before your intended date of travel.
5. ALL VISA APPLICATIONS MUST BE MADE AT LEAST A MINIMUM OF FIFTEEN (15) DAYS PRIOR TO YOUR DATE OF TRAVEL
6. You are responsible for all Visa charges.
7. If you are entering from a country with YELLOW FEVER please ensure you have your YELLOW FEVER VACCINATION CERTIFICATE.
8. Travellers from Kenya to Tanzania (and vice versa) must have a VALID YELLOW FEVER VACCINATION CERTIFICATE.
9. Please ensure your Passport has a minimum of 6 months Validity.
10. The Company does not arrange visas, but will dispense verbal information received from a country’s consulate regarding visa and / or health requirements. This is a courtesy but not a service. The Company will not be held responsible for any misinformation, errors and omissions with regard to this information.
11. Regarding Malaria, since this disease that has an everchanging status regarding prevention and treatment, we strongly advise that you seek up to date information from your general practitioner (doctor) or local travel clinic on which preventative medication or precautions should be taken for the area you will be entering. Not all of Southern and Eastern Africa is a Malaria area. It is the entirely the Client’s duty to ensure that any vaccinations, inoculations, prophylactic (e.g. for Malaria) and the like, where required, have been obtained.
SAFARI REQUIREMENTS
1. No sharp instruments, knives or blades or flammable liquids of any kind are allowed on safari.
2. Carry your passports with you at all times.
3. Observe all emergency procedures and security requirements.
4. No smoking in the vehicle.
5. Carry some cash (US$ for non residents)
6. Travel insurance / medivac recommended.
7. Note: maximum baggage weight of 15kgs for domestic flights per person includes hand luggage and cameras (soft bags recommended – no big suitcases).
LUGGAGE
Clients must adhere to the baggage restrictions of the airlines and charter companies in the itinerary. Certain air charter companies (particularly light aircrafts) have extraordinary baggage restrictions which include not just weight, but shape & dimensions too. Any costs due to delays, additional transfers of baggage as a result of non-compliance to the restrictions are for the client’s own account
INSURANCE
1. YOU ARE REQUIRED TO HAVE TRAVEL INSURANCE FOR YOUR TRIP. The Company shall not be liable for any claims related to any insured matters omissions or acts thereof thereof. Please ensure you have travel insurance at all times.
2. Medivac cover is encouraged. If you need assistance please contact us.
3. If you have a Medical condition please seek medical advice from your doctor prior to your travels.
4. Please note that parts of Kenya and Tanzania are prone to Malaria, accordingly it is best advised to have anti-malarial tablets with you or taken by you before your travels.
5. It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury personal accident and personal liability, loss of or damage, theft of baggage and camera equipment (Note that is not an exhaustive list). The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all incidents whilst travelling.
GUIDE TO TIPPING ON SAFARI
1. Although tipping is a safari tradition, it is never compulsory and should only be done if you have received good services. The staff very much appreciates receives gratuity from you, our guests, because it is one way of assuring them they are doing a good job.
2. Most lodges have a staff tip box located at the reception, or a central location. We recommend a $ 5.00 – 10.00 per client per day in a tip box. Tips left here will be divided amongst the porters and waiters and all other lodge staff. If you are particularly satisfied with assistance received from someone, a personal tip is also acceptable.
3. In most safaris the Driver Guide taking you on safari and on game drives is tipped individually at the end of the safari. We do recommend approx. USD. 20.00 per client as a recommended guideline.
4. PLEASE NOTE TIPPING IS SOLELEY AT YOUR DISCRETION.
SECURITY / COVID/ DISEASE /OUTBREAK
Please note that as is with all countries, security issues, demonstrations, riots, civil strife, terrorism, Covid, Infectious diseases, outbreaks and other matters may occur at any time.
Whilst we shall endevour to do our best to keep you safe and stick to your Booking / Itinerary, WE SHALL NOT be liable if WE or any Principal is required to alter, change, modify, cancel, defer or delay any travel plans, accommodation, mode of transport, type of accommodation, including holding You in isolation or quarantine.
Please ensure that you are aware of the exposure and or risks associated with travel to Kenya or Tanzania and that you take such steps as required to remain safe. We further urge you to consult with your embassy and observe any security requirements or travel advisories they may issue. We shall not be liable for any acts of terrorism, civil strife, riots, war, theft, destruction or change of itineraries for any reason beyond our control whatsoever.
The Company shall, however, endeavor at all times to comply with our pre-determined tour itinerary, but cannot be held responsible for any reason should this not be possible, it being noted that it may be in the interest or for the welfare of passengers that alterations are made for their safety and any additional and / or unavoidable expenses shall become their financial responsibility.
Clients should at all times be covered by Insurance, in the case of force majeure. Force majeure includes (but is not limited to) war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, acts of God, natural or nuclear disaster, fire, adverse weather conditions, level of water, technical or maintenance problems with transport providers, closure of airports or any unforeseeable or unavoidable event beyond our control.
Transportation:
Air, rail, road and other departure times could be supplied by the Principal or where indicated by the Company. We are at all times subject to traffic control restrictions and weather conditions. The Company is not responsible for any delays or inconveniences which may arise.
Wild Animals:
Clients need to be aware that Safaris frequently visit areas with wild animals. The Company or the Principal shall not be held responsible in any way whatsoever for any injury or incident while on safari.
Luggage and Personal Effects:
These are conveyed entirely at Your risk. Clients should note that they are limited to one standard suitcase not weighing more than 20 kg, plus one small piece of hand luggage. When travelling on certain charter/domestic flights, baggage is limited to one soft bag weighing not more than 15 kg inclusive of hand luggage.
The Company accepts no responsibility for loss or damage to luggage or personal property from whatsoever causes arising. Clients are advised to effect adequate insurance.
HOTELS/ LODGES/CAMPS & THIRD PARTY PROVIDERS (PRINCIPAL)
The Company provides Clients with travel and/or other services either itself or acting as agents for suppliers engaged in or associated with the travel and tourism industry, such as inter alia, airlines, tour operators, hotels, lodges, tented camps, restaurants, curio shops, petrol stations, food & drink suppliers, Hot Air balloon companies, car hire companies, other tour operators etc) (‘collectively referred to as ‘the Principal’). The Company represents the Principal/s as agents only and accordingly accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal/s to fulfil its obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal/s, shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against such Principal. It’s the Client’s responsibility to familiarise itself with any terms and conditions (‘the Principal’s Conditions’).
With regards to any accommodation bookings please be aware that hotels and other accommodation properties (Collectively referred to as ‘hotels’) may undergo renovations from time to time. Hotels generally take all possible steps to limit disruption and inconvenience to their guests when renovations are taking place. Further Hotels may not allocate the room of choice or sleeping arrangements required based on their operational requirements. The Company will not accept complaints or requests for refunds for any inconveniences or liabilities suffered or incurred whilst a Client is resident. If the Company is specifically advised of renovation work in advance by the hotel, this information will be passed on to the Client but it is important to understand that this is subject to change and that the Company may not always be notified.
Please also note that any property of a Hotel or Principal that is damaged, stolen or misplaced by a Client, then such liability shall fall squarely on the Client and the Company may be asked by the Principal to assist in investigations and claims for liability which shall be complied with.
DATA PROTECTION
The Client is deemed to give their voluntary, specific and informed consent that the Company may in terms of the the European Community General Data Protection Regulations (GDPR) and the Kenya Data Protection Act process personal information (‘PI’) i.e. collect, store & disseminate as explained in the privacy policy of the travel agent/tour operator; share PI with third parties who provide services and products; approach the Client with business opportunities, promotional events, special offers and sales by direct marketing or otherwise and otherwise store keep use or process any data including Sensitive Data provided by the Client and the Client is aware of this and consents to the same.
The parties agree that: Consent may be withdrawn, deleted, qualified or amended upon written request from the Client and that the Client may request any direct marketing to be stopped; Any communication must only relate to goods or services similar to what the Client bought from travel agent/tour operator or its suppliers.
AGREEMENT
The Terms & Conditions laid out above and the Indemnity, Disclaimer & Waiver below (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and the Company’s Privacy Policy) constitute collectively the entire terms of the relationship between the parties.
The Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise, that is not included herein.
The Company reserves the right to revise these conditions from time to time – each revision will be dated and posted on its website.
We strongly advise that you obtain adequate and comprehensive insurance pertaining to your travel arrangements, including (without limitation) to medical aspects, belongings & cancellation •
You acknowledge that any Service (means and includes, any Confirmed Booking, transport services, a safari, Hotel or other accommodation, third party transport or accommodation, game drives, flights, charters, balloon safaris, tented or other accommodation, and any related activities amenities whether provided by Zeno Safaris or not) .may be cancelled, curtailed or terminated by the Company, Principal or Suppliers if such party(ies) in their sole and unfettered discretion believe that the prevailing circumstances justifies such a decision, and you will have no claim for any other expenses or disbursements of whatever nature.
You acknowledge that the Company cannot be held liable or responsible for the cancellation of any Services, loss, damage or injury or death that is attributable to force majeure, which, without derogating from the generality of the aforesaid, includes events such as war, threat of war, riots or civil commotion or strife, terrorist activity, industrial dispute, natural or nuclear disasters, fire, adverse weather conditions, traffic conditions or mechanical failure of whatever nature.
You confirm that you and all those travelling with you have had adequate opportunity to receive and comprehend the risk and the implications of travel and partaking in the Services and that you are in a good physical and mental condition and You, your heirs, dependants, agents, executors and or their assignees hold harmless and indemnify the Company, and/or its members and/or directors and/or partners and/or shareholders and/or employees and/or agents and/or sub-contractors and/or suppliers and/or against the owners of premises upon which/where the Services take place/are conducted (‘the Indemnified Parties’) against any consequences and you waive any claims you may have against the Indemnified Parties of whatsoever nature and howsoever arising. The Indemnified Parties will under no circumstances be liable for any indirect, economic, consequential or special loss or damage, irrespective of the cause.
LAW & JURISDICTION & DOMICILIUM – Kenyan law and the jurisdiction of Kenyan courts will govern the relationship between the Parties.
INDEMNITY & LIABILITY WAIVER
CHILDREN under the age of 18 MUST be accompanied by their parents or guardian at all times.
Please note that where your Safari destination is a wildlife sanctuary, National Park, Game Reserve, or Conservancy the animals are WILD, roam absolutely freely and are not constrained or fenced off from humans. • You agree to OBEY AT ALL TIMES ANY ORDERS, REQUESTS OR DEMANDS of the Transport and/or Principal management and/or the Operator and/or Suppliers • You agree to abide by ANY SIGNAGE displayed at all times.
This document applies to you whatever the nature of your participation in the Service, the transport or accommodation, whether you partake therein physically or merely observe as a Client, visitor, spectator or photographer.
Services means and includes, the Safari, transport provided, accommodation, and any related amenities whether provided by Zeno Safaris or not.
Provider refers to; Zeno Safaris Ltd, its directors, shareholders, officers, employees, agents, successors and or assigns, any third party contractor or Principal
You (means the guests who have paid for the services and the individual travellers who will be going on the said safari, including all dependents, personal representatives and assigns thereof). Take note, that any no show or cancellation of booking, you will forfeit the amount paid for the services (safari fee / invoice amount) paid. The Provider accepts no liability for booking unavailability and or change by the Principal, suppliers or third party providers, including any events leading to injury, loss, death of any client, theft damage or loss of any property. You shall indemnify the Provider or their representatives from any and all claims resulting thereof whether initiated by you, your nominee or dependents.
Each passenger should travel with adequate insurance cover. Such insurance will ensure that you are covered against unforeseen cancellation charges, medical costs incurred whilst away from home (subject to approval), personal liability claims, loss of money etc. Please seek your doctors advice for specific information relating to your journey.
The Provider draws your attention to the fact that there are certain inherent risks involved in participating in the type of safaris trips sold by us and that you are aware of these risks and accept them at your own risk. Safaris involve close encounters with wild animals during game activities as well during stays at camps/lodges. You are advised to follow the advice and guidance of the camp managers and game rangers / drivers while on safari and practice all safety procedures outlined. You acknowledge that they are fully aware of and appreciate the dangers and risks that are associated with travel and or transportation to game reserves and/or game lodges/camps arising from road usage and presence of wild and dangerous animals, reptiles, birds and insects and the risk of suffering bodily harm, injury, death and/or loss which may arise as a result of a road accident and or an encounter with and/or the presence of wild animals and/or reptiles and/or birds whilst on safari. This also includes the use of camp/lodge facilities including but not limited to, swimming, camel rides, nature walks, accommodation, ingress and egress from the establishment and use, enjoyment of the same whether paid for or not.
You partake in this Safari and any additional activities including but not limited to transport, game drives and or the use of camp/lodge facilities solely at your own risk, and the Provider will not accept liability for the same irrespective of whether such services are provided by the Provider or any third parties. You and those accompanying you in consideration of taking the services and paying for the same and being of sound body and mind, do hereby, on behalf of yourselves, your executors, assigns, heirs and dependants, do hereby accept to indemnify and hold harmless the against liability to you or your dependants or persons travelling with you or their dependants for any damage, death, injury, theft or loss of any kind that might arise out of loss of life or bodily injuries suffered, sickness, disability or theft or damage to any property of any person, by you or your accompanying travellers, due to any accident, theft or incident howsoever caused which may occur during or as a result of your use of the Services (which include but are not limited to Road safaris, flying safaris, transport and transfers, game drives, accommodation or any related safari services provided as above. The Provider shall be under no liability to You for any claim which may arise in respect of or in connection with the Services and You hereby renounces for your/him/her/self, members of your group and dependants all claims against the Provider for compensation for injury, death, damage or loss whether sustained in travel, on a vehicle, embarking or disembarking from a vehicle or in a game reserve, hotel or lodge or elsewhere or as a result of delays or otherwise, caused directly or indirectly to him/her or his/her belongings, members of his group and his/her dependants or to persons who except for these conditions might have been entitled to make a claim.
You hereby acknowledge that you are aware of the fact that the services being provided are for services to a remote national park in Kenya that will entail traversing on Kenyan roads both tarmac and gravel and this can be dangerous and you hereby agree to indemnify the Provider from any and all claims liabilities actions or damage that may arise from the use or as a result of the Services or non performance of the services for any reasons whatsoever including reasons of force majeure. Your visit to any reserve or acceptance of the services, are done entirely at your own free will and at your own risk. Although unlikely, we may occasionally have to change or cancel your travel arrangements and we reserve the right to do so at any time. This could be due to prevailing conditions or unforeseen circumstances. The Provider does not hold itself liable for delays prior to departure or during the course of any travel, whether brought about by unforeseen contingency or other causes beyond our control.
Luggage is restricted to 15kg maximum per person. Weight allowance includes camera equipment and hand luggage.
The advance payment or any other partial payment for a reservation for Services constitutes consent and consideration to all provisions of this contract and is deemed to be legally binding. The terms under which you agree to take these services cannot be changed or amended except in writing signed by the Provider.
Please note that we the Provider act only as a booking agent for various Principals Suppliers (lodge camps etc) and we have no liability whatsoever for any aspect of the arrangements and, in particular, have no responsibility for any death, personal injury, delay, damage, accident or loss of whatever nature you may suffer as a result of this safari, the facilities provided therein and the use of the same.
The Provider is not liable for any act of omission, default or defect of themselves, for any loss, damage or injury to persons or goods however they may be caused and also for the accuracy of any information forwarded by the travel services of their agents. There will be no compensation or liability at all for anything including for any changes or cancellation or other damages or injury or if the same are due to natural disasters, civil disturbances, quarantine etc. of which we have no control.
This indemnity and no liability clause includes any circumstance beyond the reasonable control of the Provider [including but without limitation, acts of nature, explosion, flood, tempest, fire, accident, war or threat of war, sabotage, terrorism, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences].
This indemnity is binding to the laws of the country of Kenya, as well as the country of the guest / tourist.
By paying for the safari you have agreed to the above and further confirm that you have fully read, understood and accept the above booking conditions on behalf of all travelers accompanying you on this trip.
BY GOING ON THE SAFARI / TRIP / EXCUSRION PROVIDED BY ZENO SAFARIS LTD or ITS AGENTS YOU HEREBY AUTOMATICALLY AGREE TO THE ABOVE.
ALL TRAVELLERS/ GUESTS STAYING AT ANY HOTEL OR LODGE OR CAMP WILL ACCEPT THE TERMS & CONDITIONS THEREIN AND WE SHALL NOT BE LIABLE FOR YOUR FAILURE TO COMPLY WITH THEM.