Definitions:
In these terms and conditions:
“Booking Form” – Means the form on which you book with us, and which shows deposit, flight information, and also states the methods of payments that we accept.
“Us, Our or We” – Means Dream Kenya Safaris Limited.
“Contract” – Means an agreement binding in law between Dream Kenya Safaris Limited and You, incorporating the Terms and Conditions, Booking Form and information contained in the safaris Confirmation. It comes into force as in Paragraph. 1.4.
“Safari Confirmation” – Means a confirmation of the key details of your Safaris and sets out the balance due and the date(s) by which further payment(s) must be made to meet that balance. We state clearly in this the items included in the price of your Safari.
“Safari” – Means all travel arrangements, provided by Us.
“Force Majeure” – Means unusual and unforeseeable circumstances beyond our control, the consequences of which, neither we nor our suppliers and associates can avoid. For example, war, threat of war, riots, civil strife, government military or terrorist activity, industrial disputes, natural or man made disaster, fire, adverse weather conditions, level of water in rivers or similar events beyond our control.
“Terms and Conditions” – Means the information contained in this document.
“Total Safari Cost” – Means the amount shown on your Safaris Confirmation, once received.
“You/Your” – Means the subject of the contract and all persons named in your Booking Form.
1. HOW TO BOOK
1.1. If you are under 18 years of age, your parent or guardian must sign a paper copy of the Booking Form, stating their relationship to you. This can be obtained from our office staff or in our website and must be filled and returned within 7 days of application.
1.2 At the time of booking you must provide us with your date of birth as well as comprehensive and accurate information about any medical conditions you may have. If we later find out that you have not declared something which might restrict your ability to take part or which could put others at risk we reserve the right to cancel your safari at any stage.
1.3 After 14 days the Deposit is non-refundable in all circumstances, once we have issued the Safari Confirmation (see paragraph 1.4).
1.4 You are to provide accurate and correct information on the Booking Form, for example full name and address as it appears on your passport, as this information will be passed to third parties such as flight providers. You will be liable for any costs incurred as a result of inaccurate or false information supplied.
1.5. When we are satisfied that we are able to provide the Safari that we will have packaged with you, we will send you the Safari Confirmation. We also will require you to have paid at least 50% of your Total Safari Cost by a date usually half way between the date of booking and the date of departure. Full and final payment will be required at least 60 days before departure. Please check these details carefully and inform us immediately if you feel they are incorrect. We do not send reminders of payment dates (see paragraph 2.3)
1.6 The contract between You and Us is affirmed on the date the Deposit is received by us, subject to satisfactory medical condition, minimum requirements in the case of ‘Group’ bookings (sufficient group members becoming available).
2. YOUR LIABILITY FOR PAYMENT
2.1 If you are over 18 and have signed the Booking Form, then you are responsible for the Total Safari Cost. If you are under 18 then the person who has signed the Booking Form as your parent or guardian is responsible for the Total Safari Cost.
2.2 Where any payment is made by us on your behalf (whether for you alone or for the Safari generally), in foreign currency or in sterling, or euro drawn on a foreign bank, we reserve the right to pass on to you any resulting bank charges.
2.3 If we do not receive any payments by their due date, we reserve the right to treat your booking as cancelled and to levy cancellation charges (see clause 8).
3. PAYMENT OPTIONS
Payment can be made by cheque, debit card or credit card or bank transfer. There is (5%)
no charge for paying by debit card. Cheques should be made payable to Dream Kenya Safaris Limited.
4. SAFARI COST AND GUARANTEE
We reserve the right to increase the price of the Safari in extreme circumstances only, between the date of issue of your booking form and departure. For example, the relevant currency exchange rate alters more than 5%; a government or official authority substantially levies or increases a tax, or transportation costs increase substantially.
Your deposit and Interim payments are used to cover the associate costs with running your trip. This includes but is not limited to the following; overhead and staffing costs in and maintaining our operation year round.
5. ACCURACY OF INFORMATION
We take every care to ensure the accuracy of the information we provide on your Safari and that it is as detailed as possible. All information is given in good faith and believed correct at the time of going to press. We undertake to advise you of changes which affect you and become known to us after we have provided the Safari Confirmation. Flights and other modes of transport are particularly outside our control. We cannot guarantee that departures and connections will leave/be made at the times
stated or even at the times shown on your tickets. We will not be liable for delays but please note that compensation for delays may be included in the terms of your insurance. Please check the policy summary, once issued.
6. PERSONNEL CHANGES / ASSIGNABILITY
The criteria under which you may transfer your booking to another person are as follows:
6.1 The person wishing to take over your booking must meet any conditions which did apply to your Safari and must agree to be bound by the Terms & Conditions in force at the time of change.
6.2 You, or the person taking over your booking, must pay any final balance due before the personnel change is made, together with any administration charges applicable and levied by us.
6.3 Any request to Transfer your booking must be received in writing on or before the date of final payment. It must be signed by the person(s) who signed the Booking Form and must enclose full details of the proposed new safari member, all monies (in accordance with paragraph 6.2) and any travel documentation already issued to you by us.
6.4 We reserve the right to refuse any such change of personnel where it is deemed (in our sole opinion) prejudicial to the safe and efficient conduct of the Safari and/or where the proposed new Safari member is not (in our sole opinion) a fit and proper person for participation in the Safari. In the event of any such refusal, or if we are unable to implement the requested change for reasons beyond our control, our normal cancellation charges will be applied and the contract will come to an end (see clause
7. AMENDMENT BY YOU
7.1 There is an administration fee of €? per person, per change for all amendments affecting the Safari requested at any stage, excluding personnel changes (see clause 6) and subject to payment by you of any costs we incur (see also clause 10).
7.2 In the event that you have made any of your travel arrangements independently then you are responsible for making any necessary amendments that may arise. You are responsible for making your travel insurance arrangements and any necessary amendments to the policy.
8. CANCELLATION BY YOU
| On and after... | Cancellation charge as a % of Total Safari Cost |
| Receipt and Deposit | 10% |
| Interim Payment Date |
50% |
| Balance Payment Date 100% |
Late bookings (within 60 days of departure) 100 |
8.1 If you wish to cancel a booking you must do so in writing by post or email and proceeded by a phone call if within one month of departure. The following cancellation charges will apply, the days in question being calculated to include the date on which we receive your written cancellation.
8.2 The above charges cover cancellation charges to suppliers such as hotels, ferry companies and airlines, and also include our own administration charges. Once these charges are paid, the contract comes to an end.
8.3 If the reason for cancellation is covered by the insurance policy and you have taken the cover, the cancellation charge may be refunded by the insurance company in accordance with the details on the policy. Please check your policy, once received.
- Dream Kenya Safaris requires a 30% non-refundable deposit of the total tour cost upon confirmation of the safari and the balance 20 days prior to the arrival for clients to safeguard the reservation.
- Reservations will be cancelled if the final payment is not received by the due date with full loss of deposit.
Cancellations:
- All cancellation must made in writing to Dream Kenya Safaris and all cancellation will be charged a cancellation penalty depending on the number of days before tour Departure:
- Between 45 days and 30 days No refund of the deposit
- Less than 30 days No refund of the land cost
- There is no refund of any unused portion of your safari once commenced. Cancellation penalties on Airfare are additional and are not included in the above cancellation charges.
Important Information:
- Tour cost are based on all known costs and rates of exchange as at the 01st January 2011, any significant changes beyond the control of Dream Kenya Safaris (e.g. park fees increment) will be passed on to passengers.
- Dream Kenya Safaris also retain the right to alter any arrangements due to local conditions. We also retain the right to refuse any person from participating or continuing any tour for any reason or if that person causes or is deemed to cause hazard and/or inconvenience other passengers.
9. FLIGHTS AND AIRLINE CHANGES
Air Travel Arrangements may be protected by KATA and the Agent’s booking conditions apply. These are available on request. Your flight cost may be included in the total cost of your safari. In this case a proportion of your payments will act as a deposit towards the cost of your flight. We will endeavor to provide the best information available on the airlines that are likely to be used and the type of aircraft or any other form of transport on which you will travel.
10. AMENDMENT BY US
10.1 We try never to change your proposed Safari but we must reserve the right to do so where (in our sole opinion) circumstances require it. This is necessary in taking particular regard to the safe and efficient conduct of the Safari and its members.
10.2 It may be necessary to cancel your booking at any stage or offer you an alternative location if minimum numbers for your chosen Safari are not met.
10.3 We may also be required to amend your safari by reason of Force Majeure. If this happens, or if we otherwise become unable to provide significant parts of the Safari, we will make alternative Safari arrangements for you, wherever possible, of an equivalent nature and standard (see paragraph)
10.4 If we need to amend your booking due to Force Majeure within 55 days of departure, we reserve the right to defer your departure date should we require additional time to secure the reserve Safari (see paragraph 10.4).
10.5 For each of our Safaris we have identified wherever possible an alternative Safari which you will be obliged to accept should it become necessary (see paragraph 13.4).
11. CANCELLATION BY US
11.1 We reserve the right to treat your Safari and booking as cancelled and levy cancellation charges (see clause 8):
(a) if you fail to make any payment when it becomes due; or
(b) if you behave in what we deem as an improper manner at any time prior to or after the departure date, (please see clause 13); or
(c) in any other circumstances specified in these terms and conditions entitling us to cancel your booking or the Safari itself.
11.2 Wherever possible, we will only amend your booking in conjunction with the terms in Clause 10. However, due to the nature of our services and safari/adventure travel generally; we must reserve the right to do so. We will not cancel it less than 60 days before departure unless the cancellation is due to Force Majeure.
11.3 If we are forced to cancel your Safari due to Force Majeure within 59 days from departure we will offer you a full and prompt refund on all monies paid, less your deposit and a deduction in respect of basic administration charges; monies already paid, for example flight monies, and insurance. We will alternatively offer the opportunity to defer your Safari until a later date.
11.4 If we cancel due to Force Majeure within 7 days of departure, you may be able to reclaim your money through your insurance policy. Please check this policy, once received.
11.5 We reserve the right to cancel your booking or exclude you at any time prior to or during the Safari, if in our sole opinion you are not compatible with the general enjoyment, well being and safety of the Safari. We also reserve the right for ourselves, our representatives, employees and agents to refuse further participation to you at any time if, in our or in their opinion, you are not fit for whatever reason to participate in the Safari (see clause 16).
11.6 In the case of ‘Group’ bookings, we reserve the right to cancel the safari if, for whatever reason, sufficient minimum requirements cannot be obtained.
12. OUR LIABILITY
12.1 Your booking is accepted on the understanding that you appreciate the possible risks inherent in adventure travel and you undertake the Safari at your own risk and volition.
12.2 We undertake to use all reasonable skill and care in the preparation of your Safari and in the choice of providers of services and equipment where we are not ourselves providing such services and/or equipment. We cannot and do not accept any liability for the actions or omissions of any third party providers of services and/or equipment.
12.3 Please note that if your Safari involves transportation, (e.g. a flight, rail or ferry crossing) the relevant transport company's conditions of carriage will apply directly and do not form part of the contract between you and us. Their conditions may exclude or limit liability. In cases of lost or damaged baggage, or cases of death or personal injury arising in the course of international air or sea travel or in connection with hotel accommodation, the amount of compensation you will receive is limited by certain international Conventions, namely the Warsaw Convention, the Athens Convention and the Paris Convention. Copies of these Conventions should be available at your local reference library. We accept no liability for your personal effects.
12.4 Except in cases of personal injury or death caused by our negligence, the amount of compensation we will pay you for any default by us will be limited to a reasonable amount having regard to the price of the Safari and will in no event exceed such price. Our assessment of the reasonable compensation to which you are entitled will depend upon the circumstances of your particular case.
12.5 We cannot accept any responsibility if you suffer death or personal injury from an activity that is not part of the Safari arrangements we make for you. We also cannot be held responsible for the consequences of your actions should you choose to ignore the advice given to you by Us, your Safari Leader or any of our employees, representatives, agents or contractors.
12.6 Nothing in these Terms and Conditions excludes our liability for death or personal injury caused by our negligence.
13. YOUR LIABILITY TO US
13.1 On receipt of your Safari Confirmation, you must check it carefully to ensure that we have interpreted your instructions correctly and you must also ensure that you have notified us, in writing, of any special requirements upon which you intend to rely.
13.2 While on the Safari, you must behave in an appropriate manner and avoid causing damage, distress, danger or annoyance to other Safari members or to third parties. You must not damage any property with which you come into contact during your Safari and if you do, you will be liable for the cost of repair or replacement at the time and any costs incurred should we have to terminate your safari prematurely.
13.3 You must also comply with all local laws and instructions of our staff and authorized representatives, and this includes the entry requirements of the country to be entered, for example, compulsory vaccinations and immunisations (see paragraph 11.5).
13.4 In the event of an amendment to your Safari, (see clause 10) you are obliged to accept that change so long as it is one providing safari which, in our
opinion is of an equivalent nature and quality.
14. COMPLAINTS
Any deficiency in your Safari should be reported immediately to Us to allow an opportunity for prompt remedial action to be taken. Failure to do this may reduce or even completely extinguish your legal right to claim compensation. In the unlikely event that, having taken the action outlined above, any problem cannot be resolved to your satisfaction while you are on the Safari and you wish to take the matter up with us after your return, you should write to us within 28 days of the end of your Safari giving full details of your complaint. After this time we regret that we are unable to guarantee any further investigation or action.
15. PASSPORT &VISA REQUIREMENTS
15.1 A full, current and valid passport (with necessary visas) is required for all periods, countries and territories within your Safari. This is your responsibility although advice only, may be available from us (see paragraph 15.3).
15.2 If you do not hold any passport, you should check the Visa regulations for your intended travel itinerary, with the relevant embassies.
15.3 We will not be responsible if you fail to travel with a proper valid passport and/or visas and you will be liable to reimburse us if we incur any expense in assisting you in such circumstances. We will offer you appropriate advice and assistance in respect of visa requirements for East Africa and also in respect of principal health requirements (e.g. vaccinations).
16. HEALTH AND FITNESS
16.1 We draw your attention to the fact that our Safari can be physically strenuous; we can advise you how to train effectively prior to the Safari, so as to gain maximum enjoyment from the Safari. Please inform us on the booking form if you have health conditions that could affect your participation in the Safari or any of the activities contemplated.
16.2 Whilst we offer relevant advice and guidance, it is your responsibility to verify your health and vaccination requirements for the Safari and for obtaining all necessary prescriptions, medicines and vaccinations that you need -please consult your G.P. or other suitably qualified physician.
16.3 If you are suffering from any of the conditions set out on the Booking Form, or others, we reserve the right not to accept your booking. We may however, request further Information and if provided with a suitable certificate from a doctor, accept you for our safari. Please seek specialist advice.
16.4 Where your health is being adversely affected by the Safari, for example suffering from altitude sickness, we reserve the right to require you to cease to or not to participate on some or all of the activities planned for your Safari.
16.5 You should be aware that for some, home sickness may become a symptom of travel to unfamiliar environments. Every effort will be made by Us to assist you acclimatize to your new surroundings. In the event that you choose to prematurely cancel your safari due to home sickness, We will levy any charges we incur as a result of repatriating you and our normal cancellation terms apply.
17. INSURANCE
17.1 Due to the nature of our Safari, we require you to take out comprehensive travel insurance. Details of any insurance which have been included in the price of your Safari will be provided in your Safari Confirmation. Please read the details carefully and ensure that you understand them. Any claims that may arise should, in the first instance, be made directly to the insurance company. You must provide us with evidence that your insurance is in force prior to your departure.
17.2 We reserve the right to refuse to accept you on the Safari if you do not have insurance cover which we consider adequate for your Safari. We accept no liability for any deficiencies in any insurance policy.
18. INTERNATIONAL TERRORISM
Whilst we make every effort to ensure that your expedition is safeguarded from terrorism by relying upon the best available advice at that time, due to the unpredictable nature of global terrorism we can make no guarantees. By signing the Booking Form you agree to travel at your own risk and that you have made your own enquiries as you consider necessary. We expressly exclude all liability (direct and indirect) for any losses or damages whatsoever that you may suffer or incur as a result of or in connection with an act of terrorism. Please check your insurance policy, once received, for their position.
19. LAW AND JURISDICTION
The contract between you and us and any matters arising from it will be governed by and construed in accordance with Kenya law and are subject to the jurisdiction of the Kenya Law Courts.
20. SECURITY OF INFORMATION AND USE OF IMAGES:
To ensure the safe running of our Safaris we need to use the information stated by you upon booking. We take full responsibility for ensuring that proper security measurements are in place to protect this information when it is passed to our overseas subsidiary offices and third party supplies (e.g. airlines etc). Any images taken of you whilst on our safaris and images made available to us by you may be used by us for marketing purposes.
DECLARATION:
By booking, you agree that: "To the best of my knowledge and belief all information provided in the booking form is correct and I know of no reason(s) why I should not participate in the Safari and will not be travelling against medical advice. In signing this form I confirm that I have read and understood the Dream Kenya Safaris Limited Terms & Conditions and confirm that I am willing to abide by them. I confirm that I am over the age of 18 years, or that (if under 18 years old) I have gained the signature and agreement of a parent or guardian."
DREAM KENYA SAFARIS
Registered Address: Baharini Plaza, Diani Beach Road,
P.O Box 5209, Daini Beach
T: +254 (0) 40 320 2270: E:
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M: +254 (0) 723 627 487: W: www.dreamkenyasafaris.com
