|TERMS AND CONDITIONS
The following terms and conditions form the basis of Client contract with Acquire Adventures Safaris.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. Please read them carefully as they are legally binding. The Laws of Republic of Kenya governs the interpretation and validity of this Agreement.
1. INTERPRETATION AND DEFINITIONS CLAUSE
In this agreement, unless inconsistent with or otherwise indicated to the contrary, the following terms shall have the following meanings:
“Website” refers to the official website address: www.acquireadventuressafaris.com is owned and operated by Acquire Adventures Safaris
“Company” refers to Acquire Adventures Safaris, a Tour Operator company registered in terms of the laws of the Republic of Kenya and licensed to operate East African safaris.
“Client” refers to either a private individual who accesses the Website. It also includes every person who goes on a tour/safari with the Company.
“Party/Parties” refers to both Company and Client;
“Third Parties” refers to people or entities that are not the Company or Client;
“Tour/Safari” refers to the service that the Company provides to the Client;
“Request a Quote Form” means the Client fills in all the details required and submit to the Company for safari Quotation.
“Client Quotation” means the online itinerary sent to Client by the Company, indicating the estimated prices of the travel products and services that the Client wishes to purchase;
“The Agreement” means the Client “Make a Reservation Form” and the applicable Client Quotation read with these Terms and Conditions; (defined below)
“Make a Reservation Form” means the Client fills in all details described on the booking form and submit to the Company confirming Client’s acceptance of the Client Quotation
“His/her/he/she/they” means the Client described on this Terms and Conditions.
“Supplier” means a third party who supplies Client with travel services, including but not limited to hotel and suppliers of accommodation, restaurant services, transportation, medical evacuation services;
“Adventure Activities” refers to all activities included in a Tour/Safari and may include safaris, tours, services, holidays, game drives, walking safaris, beach holidays, fishing, mountain climbing/trekking, gorilla safaris and other expeditions.
1. TOUR RESERVATION PROCEDURE
1.1 To book a Safari, Client fills and completes the online reservation form from Company’s website under Safari itinerary herein indicated as (Request a Quote) and submit it to the Company. Client can email directly to the Company for preferred customized Safari.
1.2 Client should indicate the intended date of tour travel, number of adults traveling, number of children and their ages, preferred accommodation while on safari either luxury lodge, budget lodge, luxury tented camp, budget camp, tour name or code. This will help the Company meet the client’s needs precisely and minimize correspondences.
1.3 The Company will use the Client’s information only to communicate with the Client directly.
1.4 Upon receipt of Request a Quote form or inquiry, the Company will respond to the Client promptly to give Client Quotation and availability.
1.5 When the Client receives quotation and confirms the booking, the Company will send the Client Company’s Invoice for payment.
2. SECURING CLIENT’S BOOKING POLICY
2.1 For the Company to confirm Client’s booking, Client is advised to make payments to the Company as follows:
2.2 A 40% deposit of the total Invoice is required to secure Client’s reservations at the time of booking and the final balance to be paid not later than 35 days before the Safari commences unless stated otherwise;
2.3 A 100% payment of the total confirmed invoice is required for bookings made less than 20 days prior to safari departure;
2.4 Greater deposits may be required in instances of specialist product &/or Peak Season travel.
2.5 The Company will secure Client’s booking upon receipt of deposit from the Client. Since safaris tend to fill up quickly, Client’s booking is not secure until confirmed by the Company.
2.6 If the above payments are not received on or before the due date, the Company will be unable to confirm Client’s booking.
2.7 The Company will send the final Safari information to the Client upon receiving the final payment from the Client as confirmation of services booked.
3. PRICES AND PAYMENT
3.1 Client will be liable for the total confirmed price indicated on Company’s Invoice, less any payments made by Client.
3.2 Client agrees to transact electronically with Acquire Adventures Safaris incorporated in Kenya.
3.3 All payments must be made against an Invoice issued by the Company.
3.4 All payments must be made through internet transfer (electronic funds transfer) or telegraphic transfer (SWIFT) or credit card to Acquire Adventures Safaris incorporated in Kenya.
3.5 Payments are normally cleared within Seven business days. The Company does not accept Travellers cheques.
3.6 Payment is confirmed when the electronic transfer, credit card payment or direct deposit into the Company’s Bank Account, reflects on the Company’s Bank Statement.
4. PRICE VARIATION
4.1 All Client Quotation Forms and Client Confirmation forms generated by the Company are based upon external supplier costs such as fuel surcharges, park fees, conservation fees, sanctuary fees, other entrance fees, accommodation and meals and transport which are outside the control of the Company. These supplier costs are therefore subject to change until final payment has been received or in the instance of air travel, until air tickets have been issued.
4.2 Client agrees that should any such costs increases, such an increase will be for Client’s account and shall be payable to the Company or as otherwise instructed by the Company.
4.3 Client also acknowledge and agrees with the following;
4.4 The Company reserves the right to increase all or any of the prices in any of the following events:
4.5 Any statutory increase in taxes or other dues imposed by the Kenya or Tanzania Governments or any officer or agent thereof;
4.6 Any increase in Kenya and Tanzania 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;
4.7 Any increase in the cost of accommodation or meals forming part of the Services;
4.8 Any increase in entrance fees to National Parks, National Reserves and Sanctuaries and any other entrance fees forming part of the Service;
4.9 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.
4.10 Prices are based on tariffs and other costs prevailing at the time of printing and are subject to change without notice.
5. SAFARI CANCELLATION BY THE COMPANY
5.1 The Company will make every effort to confirm the required services after deposit payment. In the unlikely event of the Company being unable to confirm the itinerary travel services, the Client will be offered alternative available travel services. Should the alternative available travel services will not be acceptable by the Client, the Company will provide a full refund to the Client.
5.2 The Company will make every effort to ensure delivery of services as defined in the confirmed Itinerary. However the Company reserves the right to cancel services where unavoidable due to circumstances beyond the control of the Company. In the unlikely instance that the Company should cancel services defined in the confirmed itinerary other than stated in Clause 15 below, the Company will provide a full refund on the cancelled service/s only.
5.3 The Company will make every effort to avoid misquotation. However we reserve the right to cancel a reservation without liability or penalty if an obvious error or omission leads to a material cost implication.
5.4 Should there not be enough bookings to justify a certain Tour, the Company reserves the right to cancel the Safari and either refund the Client’s deposit or suggest alternate Safari dates.
6. SAFARI CANCELLATION BY CLIENT POLICY
6.1 In the event that Client cancels booking in full or partially, for any reason whatsoever the Company will levy cancellation charges as defined below. In the occasional instance where the Company is able to obtain waivers of cancellation fees and/or secure an ex-gratia refund from suppliers, the Company will pass this on to the Client less the Service Fee. However, the Company makes no guarantees as to securing such waivers or refunds.
6.2 The Company shall charge cancellation fees for cancellation of bookings as set out hereunder:
6.3 Cancellations of bookings by must be done in writing by the Client. Where cancellations are sent by e-mail, the Client must obtain an e-mail proof of receipt from the Company and retain written acknowledgement of receipt from the Company.
6.4 Cancellations received 36 days prior to commencement of Services shall carry 10% 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
6.5 Cancellations received between 35 days and 15 days prior to commencement of Services shall be charged at 35% of the total cost of services except when the reservations are over peak or festive periods such between the dates 23rd December to 2nd January of any given year, where the applicable cancellation fee may be 100 % of the total cost of services.
6.6 Cancellations received between 14 days and 5 days prior to commencement of services shall be charged at 65% of the total cost of Services.
6.7 Cancellations received within 4 days [96 hours] or less prior to commencement of Services shall be charged at the full cost of Services.
6.8 Cancellations after commencement of Services or partly used Services and no show shall be charged at the full cost of Services.
7. CHANGES TO ITINERARY
7.1 If changing circumstances necessitates, the Company reserves the right to change the routes and/or accommodation as quoted in the Client’s itinerary without incurring any penalty or liability. The Company will notify the Client of this in writing as soon as the Company becomes aware of the changing circumstances.
7.2 The Company will make every effort to adhere to the confirmed itinerary. However, where Involuntary Changes are significant such as change of accommodation or transportation, the Company undertakes:
7.3 To provide a reasonable alternative at no additional cost, subject to the Terms and Conditions of the relevant Supplier;
7.4 In the event that the Client rejects the reasonable alternative provided or should a reasonable alternative not be available as per 7.3 above, the Company refunds the Client the monies arising from the Involuntary Changes, subject to the Terms and Conditions of the relevant Supplier;
7.5 In the event of refunding the Client, to assist Client in identifying alternative services, subject to all additional costs for the alternative services being for Client’s account.
7.6 Should Client wish to make a Voluntary Change to his/her booking, the Company will use its best endeavours to accommodate the Client. However the Company reserves the right to charge the applicable cancellation fees as referred to in clause 6 as well as an additional administration per person per booking amended together with any additional costs arising from the Voluntary Change, including those charged by the relevant Supplier.
8. INDEMNITY, LIABILITY AND WAIVER
8.1 Participation in any tours, treks or expeditions or travel package arranged by the Company and provided by any of its Suppliers (including but not limited to transportation to or from any venue) is undertaken at Client’s own risk.
8.2 The Company and the tour operators work with place extreme importance on the safety of Clients. It is important, however, that Clients realize that they are responsible for making themselves aware (through State Department advisories, Government Tourist Offices and other sources of information) of the risks involved, and are responsible for making their decisions accordingly.
8.3 The Client hereby indemnifies the Company together with its directors, shareholders and employees against claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.
8.4 The Company acts solely in the capacity of an agent for third parties and as such the Company holds itself free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss, delay, damages, dissatisfaction caused by third party products and services. While the Company does its best to ensure that each program advertised is properly arranged, the Company has no direct control over services provided by sub-contractors. The Company shall be exempt from all liability in respect of any claim whatsoever as aforesaid. The Client acknowledging that, in the case of a defective product, it is unreasonable to expect the Company to have discovered the product failure having regard to Company’s role in arranging access to the third party products and services on behalf of the Client.
8.5 The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against the Company for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour or any Adventure Activity , in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.
8.6 Company's liabilities to passengers carried in its own vehicles is governed by the laws of the country in which the tour takes place, and no other country. All claims are subject to the jurisdiction of the court of the country in which the action arises.
8.7 The company reserves the right to employ sub-contractors for all or part of the services as well as change the client’s itinerary should ground conditions such as weather, necessitate.
8.8 The Company applies all reasonable checks to ensure that the staffs involved in the preparation and provision of Client’s safari maintain appropriate standards.
9. TRAVEL INSURANCE
9.1 Client agrees to purchase Comprehensive Travel Insurance at the time of booking the Company’s tour/safari of their choice.
9.2 Such insurance should comprehensively cover travel, medical expenses, personal injury, evacuation in the event of accident or illness or death, tour cancellation, lost luggage and personal items, repatriation expenses and expenses related to the cancellation of the Tour.
9.3 Client acknowledges that without such travel insurance, Client will be responsible for all costs arising from medical expenses, personal injury, evacuation in the event of accident or illness or death, tour cancellation, lost luggage and personal items, repatriation expenses and expenses related to the cancellation of the Tour that may arise during Client’s tour.
9.4 As agreed in clause 8, Client agrees that in the event of failing to purchase adequate Comprehensive Travel Insurance Cover for the tour of their choice, Client will not hold the Company responsible for any harm or loss that he/she may suffer while on Company’s tour.
9.5 Choice of Insurer is the sole discretion of the Client.
10. TRAVEL DOCUMENTATION
10.1 Client must ensure that he/she meets the necessary travel documentation, permit & or Visa regulations of the countries they intend to travel, transiting or visiting. However Clients remain responsible for ensuring they meet these regulations.
10.2 The Client is responsible to acquire a valid Passport, Visa, Vaccinations (if applicable), local currency and all other travel documents necessary for the Safari.
10.3 Should the Client be refused entry to any country due to incorrect travel documentation, the Company does not accept liability for any cost incurred due to delays or repatriation. In this event, the Client also forfeits all monies paid to the Company. Refer to Clause 6 and 9 above.
10.4 If the Client is travelling alone with minor children, the Client is required to provide a letter of consent from the absent parent/s that the children are allowed to travel with the said Client.
11. BAGGAGE RULES
11.1 Client must ensure that he/she meets the baggage regulations of the airlines and charter companies that they will be using. However the Client remains responsible for ensuring he/she meet the baggage regulations of each airline and charter company they travel with.
11.2 In particular, light aircraft flights have extraordinary baggage regulations which include but are not limited to weight, structure and shape.
11.3 If the Client does not adhere to the relevant baggage regulations, the transfer of their baggage may be delayed and/or transferred at extra cost to the Client.
11.4 Client is advised to take full responsibility of his/her baggage while participating in a tour with the Company
11.5 The Company accepts no liability whatsoever for the damage, loss, theft or delay of any luggage/baggage or property of any Client howsoever caused.
12. IMMUNIZATION AND MEDICATION
12.1 Clients must ensure that they meet the immunization, inoculation and medication regulations of East African countries they are travelling.
12.2 The Client warrants that he/she and the minor children under their care are medically fit to participate in the Tour.
12.3 If a Client suffers from a pre-existing medical condition, the Client should consult their physician before embarking on a tour or Adventure Activities. Such a Client must also inform the Company of such pre-existing medical condition when booking a tour. Should these Clients still participate in the tour and/or Adventure Activities, they indemnify the Company against any harm or adverse reactions suffered. Such Clients must also ensure that they take along the necessary medication to treat such pre-existing medical conditions.
13. OPTIONAL ACTIVITIES
13.1 Some of activities the Company offers in addition to the agreed upon itinerary are Optional.
13.2 Some activities carry with them an inherent risk of personal injury. In such circumstances the Company does not guarantee client’s personal safety.
13.3 If client chooses to engage in OPTIONAL activities, clients do it at their own risk.
13.4 The Company merely endeavors to minimize the risks involved.
14. OBLIGATION OF THE CLIENT WHILE ON TOUR
14.1 Client agrees to accept the authority and decisions of the Company’s employees, tour leaders and agents whilst on tour with the Company.
14.2 The Company reserves the right to decline to accept any client on a trip and reserves the right to remove him/her from the trip, at his or her sole expense, any client whose condition is such that he or she could create hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.
14.3 If in the opinion of such persons the health, level of fitness or conduct of a client at any time before or after departure appears likely to endanger the safety, comfortable or happy progress of a tour the client may be excluded from all or part of the tour without refund or recompense. In the case of ill health the Company may make such arrangements as it sees fit and recover the costs thereof from the client.
14.4 If a Client commits an illegal act, the Client will be excluded from the tour and the Company shall cease to have responsibility to the Client.
14.5 No refund will be given for any unused services.
14.6 The Client undertakes to behave considerately and respectfully while on Tour and undertakes to exercise proper authority over any minor children.
15. FORCE MAJEURE
15.1 The Company cannot bear liability or compensate where the performance or proper performance of its obligations is hampered or affected by any event which it’s or supplier of the service(s) in question could not, even with all due care, foresee or avoid.
15.2 In exceptional circumstances outside the control of the Company, its agents or suppliers, such as, but not limited to, circumstances amounting to force majeure such as war or threat of war, civil strife, riots, unexpected government actions including legislation, ordinances and decrees; terrorism, industrial disputes, extreme weather conditions, natural or nuclear disaster, epidemics fire, road closures, pilferage, quarantines, dangers incident to sea, land and air travel, and acts of God, the Company or its agents or suppliers cannot be held responsible for discontinuation of the safari, any limitations or withdrawal of facilities.
15.3 Some of the services the Company offers are acquired from independent suppliers who may not be within Company’s control.
15.4 Services such as hotel accommodations, restaurant services, transportation, medical evacuation services etc. are supplied by other service providers for whom the Company acts as their agents. Thus the Company is not liable for any death, property damage, loss or personal injury resulting from acts or omissions accruing from such independent suppliers who are not within Company control.
16. ARBITRATION, COMPLAINT AND DISPUTE RESOLUTION
16.1 If the Client has a complaint about any aspect of the safari, this should be reported in writing to the Company’s office immediately (where possible) in order that the Company may be given the opportunity to correct the problem.
16.2 Any complaints by the Client to the Company shall be done in writing to the Company’s email address not later than 30 days after the date when the Incident has occurred.
16.3 The Company will acknowledge Client’s complaint and endeavor to investigate it with the relevant service provider within a period of 30 days after which the Company will provide the Client with written feedback.
16.4 Client’s failure to lodge in complaint within 30 days after the Incident has occurred shall not be held liable by the Company.
16.5 Although the Company will make every effort to assist in the resolution of the complaint, it cannot guarantee the satisfactory resolution of complaints for services and products outside of its control and for which it is not responsible.
17. BOOKING AGENTS:
17.1 Agents booking clients into Company’s tours/safaris are required to ensure that their clients fully understand the Terms and Conditions contained herein otherwise the Company shall not indemnify them against claims arising from their mistakes or omissions.
18. CONFIDENTIALITY & ELECTRONIC COMMUNICATION
18.1 The Company undertakes to take all reasonable and necessary steps to protect Client’s personal information.
18.2 The Client accepts that the Company communicates with the Client through the use of email relating to the use of the Website.
18.3 When the Company sends an email to the Client, it is deemed to have been received by the Client when the Client is capable of downloading the email.
18.4 When the Client sends an email to the Company, it is deemed to have been received when the Company replies to the message.
18.5 The Client agrees that all electronic agreements, notices, disclosures and other communications between the Company and Client, satisfy any legal requirement that such communications be in writing.
19. CHANGES TO WEBSITE
19.1 The Company reserves the right to amend any information in this Website and these Terms and Conditions in its sole discretion, without notice.
19.2 The Client must acquaint themselves with any amendments.
19.3 The website provides Clients with information on Tours /Safaris operated by the Company and any other related information.
20. GRANT OF RIGHTS
22.1 Clients agree to be bound by this Website’s Terms and Conditions.
20.2 The agreement is valid from the moment the Client pays the first payment to the Company until conclusion of the Tour.
20.3 The Client may not transfer his/her/its rights in terms of this agreement unless the Company has given written consent.
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