All references to the “Company” in these terms and conditions shall mean "Kikwetu Cultural Adventures", a company incorporated in Kenya. All references to “Clients” shall mean the person, firm or company contracting with the Company for Services (herein after defined) to be provided by the Company to such person, firm or company and shall also mean and include any person in any party accompanying or paid for by such person, firm or company and the personal representatives and states of all such persons.
The expression “Client” in these conditions shall not apply to a person, firm or company booking through a tour organizer, retail agent or other third party. These terms and conditions shall apply to all contracts made by the Company with a client. No subsequent agreement in any way altering these terms and conditions shall be binding on the Company unless made in writing and signed by an authorized officer of the company.
1. Tour arrangements - The Company will use their best endeavors to ensure that the transport, accommodation, meals and other agreed services (herein called “Services”) provided are fully in compliance with the Services which the Company have contracted to provide but the liability of the Company for breach of contract is restricted to liability where by the negligence of themselves, their servants or agents all or some Services are not provided in which event the Company shall compensate the Client only for the actual costs of the Service which were to have been provided excluding all consequential damage whatsoever and whosesoever suffered or incurred including but not limited to the costs of air fares to and from Kenya and Tanzania or any other incidental or indirect costs whatsoever. In case of any failure to provide any Service contracted for, the
Company shall have the right to substitute alternative services of equal value subject always to such services being available.
Without prejudice to the generality of the foregoing:-
(i) The company accepts no liability in the event of Services not being carried out or being altered by any matter whatsoever beyond their control. Such matters include but are not limited to the closure of National Parks, Sanctuaries, Lodges and roads, the impassibility of roads and such like matters and the Company reserves the right to make such alterations to the itinerary when in their sole judgment it is deemed necessary or desirable for the comfort, convenience or safety to Clients.
(ii) The Company accepts no liability for alleged inferior or inadequate Services or transportation vehicles nor for the negligent careless or wrongful acts or commissions of hotel keepers, inn keepers, lodge keepers and such like persons and their servants and agents or any other person not in the employment of the Company.
(iii) The Company accepts no liability for damages directly or indirectly arising out of delay in departures or arrivals occasioning the missing of road, rail, ship or aircraft connections.
(iv) The Company accepts neither liability for airline reservations and reconfirmations nor any liability for damages arising from any changes of airline schedules, cancellation of flights or errors and mistakes made by airline offices or travel agents. As regards all dealings with or for any Client relating to or touching upon air travel airports, air bookings, travel agents and airlines, the Company legal relationship and standing is merely that of an intermediary between such third parties and the Client without any liability to or for either parties such negation and waiver of liability being in all respects a pre-condition of all contracted relationships between the Client and the Company. In consequence Clients are advised to protect their interest by insurance and careful attention to all documentation supplied to them by all such third parties.
(v) The Company accepts no responsibility or liability in the event that Services of equal value having been offered to Clients are declined.
(vi) The company may in their discretion employ sub-contractors to carry out all or any part of the Services in which event the exemptions provided by this condition and condition 7 and 8 below for the benefit of the Company shall be deemed to apply also to the sub-contractor.
2. Price variation - The Company reserves the right to increase all or any of the prices without prior reference to the Client in any of the following events:
(i) Official devaluation or revaluation of the Kenya, Tanzania and Uganda Shilling as against the United States Dollar, the Sterling Pound or the currency of the country in which the booking is made ( if different).
(ii) Any statutory increase in taxes or other dues imposed by the Kenya, Tanzania and Uganda Governments or any officer or agent thereof;
(iii) Any increase in Kenya, Tanzania and Uganda in the price of aviation fuel or motor vehicle fuel or any other increase in the cost of transport which forms part of the Services;
(iv) Any increase in the cost of accommodation or meals forming part of the Services;
(v) Any increase in entrance fees to national parks, national reserves and sanctuaries and any other entrance fees forming part of the Service;
(vi) Any other increase in the Company operating costs or cost of providing the Services which are beyond the Company control and which the Company has every reasonable effort to prevent.
3. Deposit and Payment – A deposit of 50% is required on booking and the balance to be paid before the Service commences unless stated otherwise.
4. Cancellation - In the event of cancellation or variation of Services for whatever reasons the Company shall be entitled to charge cancellation fees as set out hereunder:
- Cancellations received 91 and above days prior to commencement of services shall carry 5% cancellation fee, and not less than a minimum of USD 50 per person, to cover basic administration expenses/booking fees and any banking fees chargeable for refund transactions will be payable by client.
- Cancellations received between 90 days and 45 days prior to commencement of services shall be charged at 50% of the total cost of service.
- Cancellations received between 44 days and 21 days prior to commencement of services shall be charged at 75% of the total cost of services.
- Cancellations received within 20 days or less prior to commencement of Services shall be charged at the full cost of Services.
The liability to reimburse the Company for the cancellation fees, non-refundable booking fees, no show fees, administration fee and the like shall in no way limit or restrict the general rights of the Company to collect damages for breach of Contract.
5. Non-payment by the date for commencement of services - In the event that the Company has not received payment in full by the Date for Commencement of Services then the Company reserves the right in its absolute discretion to withhold all or any part of the Services and the Company shall be entitled to collect the outstanding payment from the Client direct and to recover from the Client all cancelation fees which they are entitled to charge as per paragraph 4 above. The Company shall not be required to notify the Client prior to the date of commencement of Services that the Services or any part of the Services will be withheld.
6. Insurance -
(i) The Company is insured against any legal liability which may arise out of injury or death to the Client in accordance with and to the extent required by the Laws of Kenya, Tanzania and Uganda.
(ii) The Company insurance does not cover illness, medical expenses, damage to or loss of baggage consequential damages arising from any one of these or at all and Clients are advised to effect their own insurance prior to their arrival in Kenya, Tanzania and Uganda such insurance to cover as a minimum death, personal injury, medical expenses, damage to or loss of baggage and consequential damages arising in the event of any one of the foregoing.
7. Injury illness and other risks - The Company accepts no liability whatsoever for the theft of or other loss or damage to the property of any Client which is not covered by the Company insurance referred to in condition 6 above.
8. Loss of or damage to property - The Company accepts no liability whatsoever for the theft of or other loss or damage to the property on any Client howsoever caused.
9. Other general sales agents - Any other duly appointed General Sales Agents are merely Agents for the Company and all contracts entered into by the organizer shall be deemed to have been made directly with the company. All contracts made other than directly with Company are subject to ratification by the Company.
10. Governing law - These terms and conditions shall be read and construed in all respects in accordance with the Laws of Kenya and Tanzania and the Company and the Client shall submit to the exclusive jurisdiction of the Kenya and Tanzania.