BOOKING TERMS AND CONDITIONS

The contract is between the Company and the Client, being any person travelling or intending to travel on a tour operated by our Company including any person who is added or substituted after booking. We both agree that Kenya law will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below).

We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of Kenya only. No employee of the Company other than a director has authority to vary or omit any of these terms.

To secure a booking, our Company or their authorized travel agent must receive payment of the minimum deposit of 30% of the total tour price, per person, (or full payment if booking within 2 weeks of the start of your tour or at an earlier stage for some tours).

A higher deposit will be payable if any supplier requires additional payment at the time of booking / prior to balance due date. On occasions, full payment for a service such as your flights may be required at the time of booking. The applicable deposit will be confirmed at the time of booking. See also “How to Book” section. All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by email or by any other means, will be deemed to have agreed to the following conditions:

• They have read and accepted our booking conditions and general information pages contained on our website.
• They do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour – if any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking as referred to below so that we can advise.
• A booking is accepted and becomes definite only from the date when the Company issues a confirmation invoice to the client who makes the booking. It is at this point that a contract between the Company and the client comes into existence.
• For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease holiday prices. Where our allocation of air seats/hotel has been fully utilized or where it is not possible to offer an air seat/hotel from an allocation, we reserve the right to pass on any extra costs incurred.
• If you book via our website, we will communicate with you by e-mail. You can check your e-mails on a regular basis. We may also contact you by telephone for whatever reason, contact you by e-mail. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by email if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment).

A deposit of 30% per person is required for all bookings of a Safari arrangement. The balance is supposed to be paid not less than 14 days before the commencement of the safari.

However, for bookings within a 30-day period, full payment is required before commencement of the safari. The deposit may be forfeited in case of cancellations and/or adjustments.

If payments are not made within the stipulated time frame, we won’t confirm the safari and therefore won’t be liable to any cost implications as a result of cancellation charges.

All payments will be made in favor of Premier Safaris (K) Limited either by Electronic Funds Transfer or Credit Card or The Telegraphic Bank Transfer (SWIFT).

• An administration fee might apply plus any additional costs or charges incurred by us or incurred or imposed by any of our suppliers will be charged if a confirmed booking is changed or transferred to a different departure date or tour, up to 30 days prior to departure.
• If a client is unable to travel, in circumstances which the Company considers reasonable, the booking or that client’s place on the booking may be transferred to another suitable person (introduced by you). However, the tour arrangements must remain the same as originally booked. If a transfer can be made, an administration charge of per person transferring his/her place if the Company is advised up to your balance due date, after your balance due date it is not possible to transfer a client’s place to another suitable person.

Should the client wish to cancel, cancellation charges will be imposed. These are calculated from the day written or verbal notification is received by the Company or their authorized travel agent as a percentage of the total tour price per person cancelling, excluding any amendment charges and insurance premiums. The cancellation charges shown below are those which will apply to most tours. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your tour.

• 90 and more days before tour start date – retention of deposit
• 45-89 days before tour start date – 50% of balance or retention of deposit if higher
• 30-45 days before tour start date – 75%
• 29-0 days before tour start date – 100%

Unless otherwise specified, obtaining a passport and visa for entry to the country/countries in which the tour takes place is the responsibility of the traveler.

The traveler must ensure that he/she has a valid passport and visa and has given the travel agency the correct information regarding his/her name and nationality, etc. We draw your attention to the fact that the processing of visas may take several weeks. The travel agency cannot be held responsible for travelers who for whatever reason may be denied entry at a border.

Please be aware that rules and regulations may change between the time of booking and the time of departure. Information about these matters or related items (climate, clothing, baggage, personal gear etc.) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation.

Also, please note that there may be visa requirements when in transit. Your passport must normally be valid for a period of at least six months after returning from your destination.

We are always happy to supply you with any relevant travel documents that may be needed to apply for a visa if you need one.

Travel Insurance is mandatory for all clients whilst on a tour organized by the Company. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. Clients not taking out the Company’s specially arranged travel/cancellation insurance are responsible for ensuring that they have alternative personal travel insurance with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover.

Clients making their own arrangements should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in their tour. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be.

The timings of air, sea, road or rail departures are estimates only. We cannot accept any liability for any change, cancellation or delay in your transportation from or to during your tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long flight delays result in lost tour time, no refunds are given by hotels or suppliers.

The mode of transport will be in vehicles; land cruisers, tour vans, safari mini-buses or coaches.

This will depend on the route and the number of passengers on board. Clients are guaranteed of window seats while on the safari. Specially trained drivers and/or guides will also be assigned to our clients. However, on special occasions and depending on the preferences of the clients, other means of transport may be arranged. These include chartered flights or special vehicles requested by the clients but will attract extra charges which will be levied.

In the event of the cancellation of a booking where the client is liable to pay to the Company cancellation charges in excess of the amount already paid to the Company at the time of cancellation, the client cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining clients.

Any payment already remitted will be refunded on special conditions and circumstances. This will include and be limited to the cancellation costs associated with the cancellations levied by the accommodation providers or other service providers as initially agreed. In the event of cancellations, the following costs will apply:

• 30 days prior to arrival 25%
• 14-21 days prior to arrival 50%
• 13-4 days prior to travel 75%

Any special requirements must be notified in writing prior to the travel so that proper arrangements are done. The requests may be including diet, room specification, infants on board, physically challenged persons. Wheelchair users and people with any other physical handicap affecting mobility are very welcome on our tours, but please consult the travel agency before booking.

Although the company will strive to meet the special requests, our clients are not guaranteed of the requests. They are subject to availability and upon confirmation. This will not in any way translate to a breach of contract between the company and the clients.

Clients must provide any information we ask for in good time and are responsible for providing accurate information to the Company. Premier Safaris will not accept responsibility for any problems or additional costs that arise from inaccurate information provided by the Client.

Clients agree to accept the authority and decisions of the Company’s employees, tour leaders, fixers, agents and guides whilst on tour with the Company. If in the opinion of any such persons or any other person in a position of authority (for example, the tour leader, host, an airline pilot or hotel manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or the progress of the tour, the client may be excluded from all or part of the tour without refund or recompense.

If a client deviates from the itinerary confirmed by Premier Safaris, Premier Safaris will hold no responsibility financial or moral for that client. The client will not receive a refund on any missed services or accommodation during the remainder of the tour.

While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in this brochure and/or on the website at any time before or after your booking is confirmed.

Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure. For a guaranteed tour departure, we do not promise not to make any significant changes to the itinerary unless we are forced to do so by force majeure.

The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 6 weeks before the start of the tour except for force majeure, or the client’s failure to make all payments (including the final balance and any surcharge) when due.

We will notify you of cancellation for this reason not less than 6 weeks before the start of your tour. If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing an alternative tour offered as a result of consolidation or another available tour from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us excluding Annual Insurance premiums if applicable.

We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible transport and other arrangements which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your tour.

In addition, we will as a minimum, where compensation is due, pay you the compensation set out above depending on the circumstances and when the cancellation is notified to you or your travel agent subject to the following exceptions.

Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the tours, treks or expeditions featured in our programme at their own volition.

• We promise to make sure that the tour arrangements we have agreed to make, perform or provide, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, to your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
• We will not be responsible for any injury, illness, death, loss or damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable.
• Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned.
• The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in Kenya. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the Kenya, which would have applied had those services been provided in the Kenya. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the tour in question.
• As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees (providing they were at the time acting within the course of their employment).
• Where we are found liable for loss of and/or damage to any luggage or personal possessions] For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.
• Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited.
• Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings.
• You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint. If you have a Complaint. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint. You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

We and our tour leaders and fixers may provide you with information (before departure/when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us and they may or may not have their own public liability insurance. They do not form any part of your contract with us even where we suggest particular.

We do not guarantee that any optional activity or excursion mentioned in our brochure, on our website or elsewhere will be available to book during your holiday and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.

We emphasize the importance of making a booking at the earliest opportunity.

For bookings received within 6 weeks of the start of your tour (or at an earlier stage for certain tours), we reserve the right to pass on any extra costs incurred.

For bookings received within 6 weeks of your tour (or at an earlier stage for certain tours), the contract between the Company and the client comes into existence as soon as full payment has been received by the Company Late bookings or last space bookings are required to wait till they get written confirmation of the tour being available before booking flights and other additional costs that the client may wish to pay for in order to partake in the tour in case there is an error on our website. There will be no compensation paid for any flights or additional extras paid if booked on a tour which is unavailable if booked before receiving written confirmation from Premier Safaris.

The desire and hope of Premier Safaris (K) Limited is that our clients will not in any way encounter problems during their safari. Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.

However, should any issue arise, you are supposed to contact any of our agents for prompt assistance. We believe that challenges are inevitable and although we can’t guarantee. We will ensure that the complains are looked into and proper action is taken.

The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen Tour/Travel with us at the time of booking.