Standard Terms and Conditions of a Contract

Application

All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Direct Kenya Safaris Ltd., (collectively 'the Travel agent'), are subject to the terms and conditions (‘the Conditions'), as set out below.

The Client and Authority

The person requesting quotations or estimates or making a booking or to whom any services are rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client(s)).

Booking Enquiries and Reservations

Once the Client has filled in all applicable fields to initiate an enquiry regarding a particular destination, trip, tour or mode of travel on the Travel Agent's website www.directkenyasafaris.com, or has responded to an advertisement verbally or in writing, via e-mail or the internet or has, without reference to any of the aforesaid, asked for more details telephonically (collectively referred to as ‘the Enquiry'), the Website, the Travel Agent will prepare and provide the Client with an estimated cost of the Enquiry (online, by e-mail or telephonically) (‘the Estimate'). This Estimate is accepted by the Client when the Client proceeds with the steps as specified on the Website or accepts the Estimate verbally over the phone or via email. Full payment of the total value of the Estimate (‘the Price') as specified in the Estimate is required in order to confirm reservations with Principals (‘the Booking'). Once the online booking or booking as affected by the Travel Agent has been completed and the Client has authorized Travel start to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of their Booking (‘the Booking Confirmation Form'). In the case of air tickets, full payment for the Booking needs to be made by midnight on the day that the Booking was made in order to guarantee the estimate quoted according to the Booking Confirmation Form.

Destination Selection

The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet or from other sources. The Client also acknowledges that the internet booking has been compiled and is managed and up-dated by the Principal over which the Travel Agent has no control. Accordingly the Travel Agent cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such advertised on the internet or from other sources. Any right of recourse in that regard will be solely against the Principal.

Payment and Payment Terms

The full payment is due immediately by Electronic Funds Transfer, Cash Deposit at a bank, Cash Deposit at the office or whichever is applicable. If the full payment is not received by midnight on the day that the Booking was made, the Travel Agent or Third Party Service Provider (as the case may be) involved reserves the full right to cancel the Booking. In the event that payment has been made after the aforementioned deadline, the Client will be liable for any difference in price should the Client still want to proceed with the Booking at the altered price. Direct Kenya Safaris Ltd. is a Kenya company and all transactions are processed in Kenya shillings or United States Dollars. All payments shall therefore be made in the equivalent local currency in accordance with the prevailing conversion rate as published from time to time by the Agent. This fee is driven by the global treasury of the applicable credit card and is impacted by the change in daily exchange rates.

Prices

Prices are quoted at the ruling daily exchange rate. Until the Travel Agent has received payment of the Price 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 Price prior to making full and final payment. Airfares are subject to the price and conditions quoted by the airlines. However, once payment of the Price in full has been received, the Price is guaranteed provided that the payment was made by midnight on the day that the Booking was made. Should the Client be a group booking and the group number deviates from the number required for the Booking, the Principal may reserve the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal cancelling the Booking and refunding any payment made less the surcharge by the Agent and/or Principals (The Travel Agent will be entitled to retain any service fees charged).

Service Fee

These fees cover the costs incurred by the Travel Agent in booking and servicing your travel reservation.

Responsibility/Hold Harmless

The Proposed Travel Arrangements are made on the express condition that the Travel Agent, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur. The Client indemnifies and holds harmless the Travel Agent, its employees and agents accordingly. The Travel Agent, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.

Travel Documents

Documents (vouchers, itineraries etc.) are only prepared and released on receipt of payment of the Price in full.

Passports, Visas and Health

It is the entirely the Client's responsibility to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is strongly advised to check the relevant requirements with the Travel Agent before travelling. The Travel Agent will endeavor to assist the Client but such assistance will be at the Travel Agent's discretion and the Client acknowledges that in doing so, the Travel Agent is not assuming any obligation or liability and the Client indemnifies the Travel Agent against any consequences of non-compliance. It is the Client's duty to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements.

Warning: Malaria and other tropical Diseases

Certain parts covered by the Client’s itinerary may be areas where there is a high-risk of malaria and other tropical diseases. The Client is strongly advised to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon arrival at any tropical or sub-tropical destination. If this has not been done prior to departure, it is imperative to do so upon return.

Amendment Fees

An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. This is charged in addition to the change fees charged by the Principal and other Third Party Service Providers.

Cancellation

In the event of the Client cancelling the Booking, the Travel Agent shall have the right to either claim an amount or to retain an amount of the payment as cancellation fees payable to the Travel Agent. The Principals may reserve the right to cancel any services prior to departure, in which event the entire payment for the ticket will be refunded to the Client without any further obligation on the part of the Travel Agent.
The Travel Agent will charge a fee for processing the request for refund. (Clients should refer to the 'Refunds' section of these Conditions, as well as the cancellation provisions contained in the Principal's Conditions and the Website. Principals may charge cancellation fees over and above these stated here).

Unscheduled Extensions

In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Travel Agent, its agents or the Principal, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc.) will be for the Client's account.

Itinerary Variations and Transfers

While every effort is made to keep to the final itinerary in accordance with the Client’s application, Principals and/or the Travel Agent reserve the right to make changes intended for the Client's convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client's duty to check each amendment to the itinerary.

Law and Jurisdiction

Kenya law and jurisdiction of Kenya courts will govern the relationship between the Client and the Travel Agent. The Travel Agent shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any court of competent jurisdiction in the Federal Republic of Kenya.

Conduct

The Client agrees that he/she will at all times comply with the Travel Agent's or others' requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the vehicle.

Special Requests

Clients who have special requests must specify such requests. Whilst the Travel Agent will use its best endeavors to accommodate such requests, it does not guarantee that it always can.

Amendments of these Conditions

No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of the Travel Agent.

Refunds

No refunds will be considered in any circumstances whatsoever by the Travel Agent if the Client has not purchased the 'Cancellation and Refund Policy' at the time of making the booking. Refunds by the Principals will be subject to their respective terms and conditions. The Travel Agent will charge a fee for processing a request for refund. Principals may charge refund fees above those stated here.

Foreign Exchange Regulation Compliance

Foreign Exchange Regulation Compliance is the Client's exclusive duty. This will apply especially when the Client instructs the Travel Agent to make and pay for travel arrangements on the internet.

E-ticketing: Documents required for travelling

The Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned. Certain airlines may require a copy of the credit card used to make payment in addition the above mentioned documents. Passport or identity document will apply to all members of a travelling party and for each minor travelling, including infants.

Internet Bookings

If the Client requests or instructs the Travel Agent to affect bookings via the internet, the Client irrevocably authorizes the Travel Agent to do the following on his behalf:
(1) make any selections of and for the Proposed Travel Arrangements
(2) make payment of a booking and ancillary services and (3) accept booking conditions.

Limitation of Liability

The Travel Agent, its officers, directors, servants or agents will under no circumstances be liable for any claim, loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Travel Agent, unless such claim is due to the gross negligence of the Travel Agent, its officers, directors, servants or agents and such claim is lodged in writing with the Travel Agent within 30 (thirty) days after such a claim arises. Such liability will be subject to a limitation of USD$1000 per Client per Booking and under no circumstances will the Travel Agent be liable for any indirect or consequential loss or damage.
All liability is excluded to the fullest extent permitted by applicable law including any implied terms as the content of this Website is provided 'as is' without warranties of any kind. The Travel Agent reserves the right to change all the contents of this Website at any time without notice to the client.

Legal Fees

The Client will be liable for all legal fees of an attorney in the event that the Travel Agent has to engage a lawyer to enforce any of his rights or otherwise.

Confidentiality

Subject to statutory constraints or compliance with an order of court, the Travel Agent undertakes to deal with all Client information of a personal nature on a strictly confidential basis.

Confirmation of Travel Arrangements

All onward travel arrangements must be reconfirmed by the Client 72 (seventy-two) hours prior to departure.

Entire Contract

All the terms and conditions displayed on this Website constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Travel Agent or otherwise that is not included herein.

General Conditions

1. Reservations

A Minimum payment of 50% is required on confirmation and full balance payable before departure. Clients bookings are accepted on the understanding that the clients appreciate the possible risks inherent in travel and in particular adventurous activities such as trekking, climbing, walking safaris, game driving and diving
Bookings can only be accepted for persons under eighteen years of age when accompanied by an adult who will be responsible for them.

2. Cancellation

Cancellation should be made in writing (email is acceptable). The deposit is non-refundable and a cancellation will also incur the following charges:-
• 30 days before the arrival day you get your Refund
No cancellation Fees (100% Refund) For:
• EBOLA
• POLITICAL
• TERRORIST
• NATURAL CALAMITIES

3. Rates

Include all expenses in respect of vehicle and driver as per itinerary, meals on safari and entrance fees to National Parks and Game Reserves.

4. Transportation

Cars, Mini Buses, Land Rovers, Coaches or Trucks will be provided according to the route and the number of clients. The right is reserved to employ the services of sub-contractors. English speaking driver guides are provided.

5. Accommodation

Based on two persons sharing a twin room/tent. Where possible rooms with private baths are provided. Single rooms are available at an additional cost but cannot be guaranteed. Hotels/Lodges are named as an indication of category and may be reserved at similar hotels/lodges.

6. Alterations of Tours

The company reserves the right to alter the arrangements of the route or cancel the operation of a scheduled tour should condition necessitates. It also reserves the right to decline, to accept or retain any person as a member of any tour at any time, in which event an equitable amount will be refunded. Prices are based on tariffs and are subjected to change with notice.
Compensation payments do not apply to changes caused by reasons of war, riots, civic strike, terrorist activity, industrial dispute, natural disasters, fire, closure of an airport or port, adverse weather conditions and similar events beyond our control. In case of such an event Direct Kenya Safaris will have no liability other than to offer you an alternative comparable arrangement, if available, or offer a refund of monies paid by you, not including the deposit.

7. Liability

The company and its agents act as agents of the passengers in all matters relating to hotel/lodge accommodation, tours, transport etc and shall be liable for injury, delay, loss or damage in any matter.
The company's liability to passengers carried in it's own vehicle is governed by the laws of the country in which the tour takes place and no other country. All claims are subjected to the jurisdiction of the courts of the country in which the action arises. The company reserves the right to employ sub-contractors for all or part of the serves.

NOTE: All expeditions involve an element of personal risk and at times can be of hazardous nature. Expedition members must accept this risk. We are not liable for any loss, damage, injury, expensive delay, or inconvenience caused to you or your baggage as a result, whether directly or indirectly, or any matter of whatever nature which is outside our control. All participants are advised to take an insurance policy to cover personal accident and medical expenses. This can be arranged by us at a low price.

8. Climbing Equipment

Gear for mountain climbing is not included in the tour price but can be hired for Mountain Safaris.

9. Tipping

Tipping is not compulsory in Kenya, however if you are happy with services, any gesture of appreciation will be enthusiastically received.

10. Voltage

Voltage throughout is 220 - 240 AC. Most of the Safari Vehicles have a cigarette lighter socket operating on a 12 volt system. In private tented camps there is no electricity - lodges and private houses will have electricity. Bring adaptor plugs.

11. Photography

Visitors should respect the altitude of the local people towards photography and only use their cameras if they have permission from "models" to do so. Never try to "steal" a photo against the will of the person concerned. Lets your guide help you negotiate the terms before you start shooting.

12. Food and Water

Meals include English breakfast, buffer or picnic lunches and table dinners. A range of imported wines and spirits are available along with a selection of local beers and sodas. Although tap water is reasonable safe, we recommend that whenever possible drink bottled water.

13. On Safari

The best times for viewing animals are in the cool hours of the early morning and late afternoon. Therefore our usual routine will be to rise early, before leaving the camp on a game ride or drive.