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These are the Destinations Africa Kenya Safari Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them. Any person booking any trip with Destinations Africa Kenya Safari is liable under these terms and conditions governed by the laws of the Republic of Kenya. These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The Contract is with Destinations Africa Kenya Safari "the Company". By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability.
All persons wishing to make a booking have carefully read and fully understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and persons under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a Contract between the Company and the Client comes into existence. All person(s) named on the booking are hereafter referred to as the "Client" and references to Client shall be to all those so named.
"Carrier" means the owner and/or any charterer and/or manager of the vessel or any other person, to the extent that it acts as a carrier or performing carrier (in accordance with the definition provided in the Athens Convention).
"Conditions of Carriage" means the terms on which any transport is provided by a carrier including any carriage by sea, road, rail or air. The carrier's Conditions of Carriage are available on request and are expressly incorporated into this Contract. The carrier's and the Company's liability for death and or personal injury and/or loss of and/or damage to luggage may be limited by international conventions including the Athens, Warsaw or Montreal Conventions. "Contract" means the Contract concluded between the Company and the Client relating to the relevant package, bus pass, adventure, multi-day tour, day tour or independent trip which is evidenced by the issue of the confirmation invoice sent by the Company or its sales agent to the Client. "Independent Trip" means booking anything included in the Independent and Tailor Made brochure. The service(s) to be provided is/are the tour(s) or service referred to in the booking confirmation. "Package" means adventure, multi-day or day tour with or without flights and/or any accommodation of over 24 hours and transportation or other tourist services not ancillary to transport or accommodation and accounting for a significant part of the Package.
2.1 A booking of any of the arrangements offered in this brochure or Agents Manuals may be made by you verbally provided it is immediately confirmed in writing or by email, fax or telex (“Booking”) (provided always that for the purposes of the payment of the Deposit and/or the Price the time that the Booking shall be deemed to have been effected shall be the time that the Destinations Africa Kenya Safari organised tour (“Tour”) was booked verbally and not the time that it was confirmed in writing)
2.2 A deposit of an amount requested by Destination’s duly authorised member of staff or agent at the time of Booking shall be payable immediately upon receipt of your Booking.
2.3 The person who shall make the Booking hereby warrants that he or she is duly authorised to do so and does so on behalf of all of you.
2.4 If a Booking shall be made or brokered through a travel or booking agent (“Agent”) such Agent hereby agrees to be bound by these conditions and confirms that it makes any Booking as a fully authorized agent for and on behalf of each member of the party. To the extent that Destinations Africa Kenya Safari shall incur any loss or damage arising directly or indirectly from the Agent’s signing the Booking on behalf of each member of a Tour, the Agent shall immediately indemnify Destinations Africa Kenya Safari against any such claims, costs, demands and expenses what so ever, where so ever and when so ever made.
2.5 Each of you shall joint and severally indemnify Destinations Africa Kenya Safari against any claims, costs, demands and expenses what so ever and when so ever made by any of you who may be a minor (that is under age of eighteen years) arising out of or in connection with the Tour.
2.6 An itinerary specifying the details of your Tour, will be sent to the person making the Booking as soon as is reasonably practicable following receipt by Destinations Africa Kenya Safari of your Booking (the “itinerary”).
2.7 If Destinations Africa Kenya Safari is unable to confirm you on a tour, it will refund you your Deposit in full. However, it is possible that Destinations Africa Kenya Safari may not be able to confirm you on the precise itinerary stated by Destinations Africa Kenya Safari in the Itinerary in which event, if Destinations Africa Kenya Safari proposes (what it considers to be) a reasonably similar alternative to that requested by you prior to the Due Date (as specified below) then it will not refund you the Deposit.
2.8 All prices for tours are calculated on costs prevailing at the date of your Booking although Destinations Africa Kenya Safari reserves the rights to change such prices without notice up until the Due Date (as defined below).
The Client must notify the Company in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the Client being refused travel. Failure to notify the Company of any such condition that may result in the cancellation of a Package will result in the complete loss of all fees paid for the package with no refunds. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy, physical or mental conditions. It is the Client's responsibility to consult a licensed physician prior to booking. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients' special requests including dietary requirements, but such requests do not form part of the Contract and therefore the Company is not liable for not providing or complying with these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment. Travelling with Children: Clients aged 18 at date of first travel are considered adults. An adult over the age of 18 must accompany every 2 children under the age of 18. The ratio of adults to children travelling together must be one adult per two children and two adults per four children (17 and under). The minimum age for Clients travelling on tours is 12 (for Family designated tours, the minimum age is 5). All enquiries with respect to children are subject to review and approval by the Company that reserves the right to restrict the number of travellers under the age of 18 on tours. If the adult accompanying the child is not the child's parent or the parents are divorced, then a "Parental Consent Guardianship Form" must be signed (or other documents provided as requested by the Company) by the parent or legal guardian and received by the Company prior to departure.
Valid Passport: The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
Documents: To expedite the issuing of Pita Safaris travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email once full payment has been received by the Company. The Company reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.
Trip Details: It is the Clients responsibility to visit the website or contact our Operations Team at least 72 hours prior to departure to ensure that the most current Trip Details are in their possession as minor changes may have been made since the tour documents were originally provided by the Company.
Generally, personal effects such as Cameras, laptop computers and film may be imported temporarily free of duty. However, a customs bond may be required for professional video equipment, sound recording instruments, radio communication equipment, musical instruments and souvenirs from other countries. This is to ensure that goods can be re-exported. Firearms need a special permit, which must be obtained well in advance. Excess baggage is strictly monitored by all airlines and charges for excess weight can be very high. Expect customs officials to inspect baggage on arrival and departure.
6.1 The total cost of the Tour as specified in the Itinerary (the “Price”) shall be paid so as to be received in cleared funds by Destination's not later than 60 days before the date of such Tour (the “Due Date”) except when the date of your Booking is less than 60 days before the departure of your Tour, in which event full payment shall be due immediately upon receipt of Destination’s invoice. Availability of the Tour is dependent upon your having paid the Price in accordance with this condition.
7.1 If you wish to cancel or alter your Booking you must do so in writing in which event the following fees or percentages will be charged, calculated with reference to the date of receipt of notification in writing, or fax or telex by Destinations Africa Kenya Safari. If such Booking shall be cancelled or (in the opinion of Destinations Africa Kenya Safari) be altered materially by you Destinations Africa Kenya Safari reserves the right to charge the following cancellation fees:
7.1.1 within the period of 120 to 61 days of the date of the commencement of the Tour, a fee of 10% of the total land arrangements
7.1.2 within the period of 60 to 46 days of the date of commencement of the Tour, a fee of 25% of the total land arrangements;
7.1.3 within the period of 45 to 31 days of the date of commencement of the Tour, a fee of 50% of total land arrangements;
7.1.4 within the period of 30 days up to the date of commencement of the Tour, a fee of 100% of the Price
7.1.4 within the period of 30 days up to the date of commencement of the Tour, a fee of 100% of the Price.
7.3 In respect of the balance of the Deposit and other payments on account not retained by Destinations Africa Kenya Safari pursuant to the preceding two sub-clauses, Destinations Africa Kenya Safari will refund such amount to you less:
7.3.1 any charges that have been made for reservations which have already been contacted, any cancellation fees imposed by hotels, lodges or transporters and for any other expenses which Destinations Africa Kenya Safari may have incurred.
7.4 In relation to any request by you to alter your Tour after it has commenced, whilst Destinations Africa Kenya Safari will use its reasonable endeavours to implement such request, you will be liable for any cancellation or additional charges that may be levied for the Tour originally booked.
7.5 Destinations Africa Kenya Safari reserves the right at anytime and without incurring any liability whatsoever or howsoever to make changes to your Tour arrangements (including flights, accommodation, transport or services), to offer substitute facilities (in Destinations Africa Kenya Safari’s view) of equal value and reputation, or to cancel any scheduled tour. If Destinations Africa Kenya Safari shall cancel the Tour it shall make a full refund except in respect of any cancellation caused by war or threat of war, insurrection, riots, strikes, civil actions, decisions by governments or governing authority, natural disaster, bad weather, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers or other similar circumstances beyond Destinations Africa Kenya Safari’s control.
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