OVERVIEW
These Terms and Conditions apply to any tours booked with Enkeri Safaris Ltd, a local company Based in Nairobi Kenya . These Terms & Conditions govern the contractual relationship between Enkeri Safaris Ltd and yourself. Please read these Terms and Conditions carefully as by booking any tour with Enkeri Safaris Ltd you acknowledge that you have read and understood these Terms and Conditions and you accept and agree to be bound by these Terms and Conditions. If you have confirmed a booking on any tours with more than one client named and booked on such a booking, you shall be deemed to have accepted these Terms and Conditions on behalf of all clients named in the booking (including minors and those with a disability) and therefore all clients in that group indicate their acceptance and agreement to these Terms and Conditions. The client who confirmed the booking is considered to be the selected contact person for all other clients named in that booking.
1. DEPOSITS & FINAL PAYMENT
Upon booking a tour with Enkeri Safaris Ltd , a 30% deposit is required per person to secure the tour and begin the necessary booking processes and ground preparations. The balance of tour payment is due 45 days prior to departure, If bookings are made less than 45 days before departure, full payment must be made at the time of booking. An invoice will be sent to the client together with the payment instructions.
All payments made to Enkeri Safaris Ltd should be free of bank charges and credit card transaction surcharges. Enkeri Safaris Ltd is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the client as a result of credit card or other payment transactions in connection with the purchase of a tour and will not refund or return any fees charged by such third parties in connection with payments made by clients to Enkeri Safaris Ltd.
2. BOOKING AGREEMENT
A booking is confirmed and these Terms and Conditions shall apply when Enkeri Safaris Ltd have received the applicable deposit from the client and the client has received written confirmation from Enkeri Safaris Ltd of such booking. The client confirming the booking must be 18 years of age and above and agrees to provide full, complete and accurate information as requested by Enkeri Safaris Ltd to confirm the booking. Any client confirming a booking on any tours with more than one client named and booked on such booking represents and warrants to Enkeri Safaris Ltd that:
- They have all requisite consents and authority to make such a booking on behalf of all other clients named on the booking, and have communicated all necessary information to the other clients in order for them to give free and fully informed authorization to do so.
- The information that they have provided regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Enkeri Safaris Ltd for the purposes of completing the booking.
3. CANCELLATION POLICY
A client may cancel their booking by notifying Enkeri Safaris Ltd. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Enkeri Safaris Ltd and are expressed hereinafter as a percentage of the total price paid for the cancelled tour.
(a) Cancellation received 90 days before the tour starts: 10% Cancellation Fee will be charged
(b) Cancellation received 90 days up to 60 days before the tour starts: 25% Cancellation Fee will be charged
(C) Cancellation received 60 days up to 30 days before the tour starts: 50% Cancellation Fee will be charged
(d) Cancellation received 30 days up to 15 days before the tours starts: 75% Cancellation Fee will be charged
(e) Cancellation received 15 days up to 3 days before the tours starts: 90% Cancellation Fee will be charged
(f) Cancellation received 3 days before the tours starts: 100% Cancellation Fee will be charged
(g) If one fails to show up, No refund will be done
4. TRAVEL INSURANCE
Enkeri Safaris Ltd does not provide travel insurance therefore the client must obtain travel insurance from their home country with the minimum recommended medical, evacuation, and repatriation coverage covering all applicable dates of any travel with Enkeri Safaris Ltd and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended that clients also extend their coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. The cost of the tour does not include any insurance coverage for the client, and that the client is required to obtain separate coverage at an additional cost to the tour price. When obtaining travel insurance the client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable tour.
5. MEDICAL CONDITIONS
All clients are obligated to truthfully provide requested relevant medical information to Enkeri Safaris Ltd upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate a tour with us. All clients should consult their physician regarding their fitness for taking part in the booked tour. Enkeri Safaris Ltd recommends all clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the client’s travel with Enkeri Safaris Ltd. Enkeri Safaris Ltd does not provide medical advice.
Adventure tours provided by Enkeri Safaris Ltd involve visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a client’s home country. The condition of medical facilities in these areas varies and Enkeri Safaris Ltd makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.
6. SPECIAL REQUIREMENTS
Enkeri Safaris Ltd will strive to accommodate the special requests of clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms and Conditions or the contract between the client and Enkeri Safaris Ltd and Enkeri Safaris Ltd is not liable for any failure to accommodate or fulfill such requests.
7. PRICES, SURCHARGES AND TAXES
Due to the nature of the tourism industry in Kenya and the prices of the resources on which it depends, the published price of any tour product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such a tour. Enkeri Safaris Ltd reserves the right to impose surcharges on any tour products, but only for reasons arising from increases in accommodation costs, transportation costs, fuel costs, dues, taxes or fees chargeable for services such as third party supplier costs, currency and exchange fluctuations, park fees, increases in taxes, or government action which impacts the price of the applicable tours, but only where the increase in question is substantial enough to warrant the right to impose these surcharges. Enkeri Safaris Ltd shall provide notice to the affected client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Upon receiving notification from Enkeri Safaris Ltd. the affected client(s) may elect to either:
- (a) cancel the applicable tour booking without incurring any penalty; or
- (b) accept the change of price.
The client must notify Enkeri Safaris Ltd. of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase. From time to time Enkeri Safaris Ltd may offer reduced pricing on selected tours. The reduced pricing applies strictly to new bookings. Bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Enkeri Safaris Ltd) are not entitled to the reduced pricing.
8. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY ENKERI SAFARIS SAFARIS LTD.
Enkeri Safaris Ltd guarantees all scheduled group tour departures that have been booked by a client shall depart as scheduled (subject to reasonable itinerary changes). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least one client has a confirmed booking. This guarantee is not applicable in Force Majeure situations.
If a tour is cancelled by Enkeri Safaris Ltd before the agreed date of departure for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the client, the client shall have the choice of:
accepting from Enkeri Safaris Ltd a substitute tour product of equivalent or superior value, where such substitute is reasonably available; or
accepting from Enkeri Safaris Ltd a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Enkeri Safaris Ltd the difference in price between the price of the tour originally purchased and that of the substitute tour; or
accepting from Enkeri Safaris Ltd a full refund of all money paid for the cancelled tour.
Enkeri Safaris Ltd is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Enkeri Safaris Ltd reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the tours as described cannot be provided, Enkeri Safaris Ltd will make suitable alternative arrangements for the continuation of the tours. If it is not possible to provide a suitable alternative or the client reasonably rejects any suitable alternatives, Enkeri Safaris Ltd will provide the client a refund of unused tour products or tour product portions.
9. CANCELLATION OF A TOUR BY THE CLIENT
If the client is prevented through reasons completely beyond such client’s control from proceeding with a tour as booked the client may, if possible, transfer his/her tour booking to a person who satisfies all the conditions applicable to the tour, provided that the client gives notice to Enkeri Safaris Ltd of the client’s intention to transfer no less than 14 days before the date when the tour departure is due to take place. Where such a transfer is made, the transferring client and the transferee client shall be jointly and severally liable to Enkeri Safaris Ltd for payment of the price of the tour (or, if part of the price has been paid, for payment of the balance) and for any additional costs arising from such transfer. For private tours, Enkeri Safaris Ltd can also reserve the tour for a client should they decide to postpone the tour to a later date. The client however will be responsible for paying cancellation fees as per the cancellation policy and also for any unforeseen extra costs which arise until the client does the tour at a later date (i.e – accommodation costs, transportation costs, fuel costs, dues, taxes or fees chargeable for services such as third party supplier costs, currency and exchange fluctuations, park fees, increases in taxes, or government action which impacts the price of the applicable tours).
10. CANCELLATIONS AND CHANGES
The client acknowledges by booking a tour with Enkeri Safaris Ltd that the nature of adventure travel, especially in Africa, requires considerable flexibility and acknowledges that they will permit reasonable alterations to the tour and/or itinerary by Enkeri Safaris Ltd. The client acknowledges their understanding that the route, schedules, timings, accommodations, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the tour will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Enkeri Safaris Ltd and that Enkeri Safaris Ltd is not liable to any client for such changes or amendments.
Enkeri Safaris Ltd shall not be liable to pay any discounts or refunds for missed or unused services which were missed or unused by the client due to no fault of Enkeri Safaris Ltd, its suppliers, or representatives, which shall include any termination of the client’s participation in the tour due to the client’s own fault, negligence or breach of these Terms and Conditions.
Although Enkeri Safaris Ltd will strive to ensure that the tour you have booked goes as planned, we do not guarantee that we will abide by the agreed tour itinerary and we therefore reserve the right to amend the tour itinerary where doing so may be necessary or advantageous. We will strive to notify you of any changes prior to the tour departure. However, Enkeri Safaris Ltd is not obligated to do so, nor shall not be liable to pay any refunds that may be claimed to result from such changes. Enkeri Safaris Ltd is not in control of the management of the accommodation providers we use on our tours. Therefore, in some circumstances we may be notified by our accommodation providers that our reserved accommodation is no longer available, due to reasons that are beyond our control, and not the fault or negligence of Enkeri Safaris Ltd. In such circumstances we will provide alternative accommodation of at least the same standard or higher standard.
Where it may be absolutely necessary to amend the tour itinerary during the tour, the tour guide will arrange the best available alternative. The decision to do so will rest on the tour guide and his/her decision is final. This is mainly applicable but not limited to mountain climbing products where the guide believes the client is not able to continue with the climb due to illness, injury, extreme weather, or other factors beyond the guide’s control.
11. RISK
The client acknowledges that the nature of our tour products is adventurous and may involve a significant amount of risk to clients’ health and/or safety. There are dangers inherent to adventure travel generally and the client acknowledges they have considered such risks to health and safety and are willing to assume it to the full extent legally possible, by confirming their booking of this tour. The client hereby assumes all such risk and does hereby release Enkeri Safaris Ltd from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including adventure travel specifically, visiting wild and remote areas, and participating in adventurous activities such as those included in the tour itineraries. Standards of hygiene, accommodation and transport in some areas where the tours take place are often lower than comparable standards than what the client may reasonably expect in their home country or region.
The client acknowledges that the degree and nature of personal risk involved depends on the nature of the tour booked, or the location(s) in which such a tour is to operate, and that there may be a significant degree of personal risk involved in travel on the tour, particularly if such a tour involves physical activities, travel to remote locations, high altitude activities or other high-risk activities, or travel areas of Kenya with under-developed infrastructure. The client acknowledges they have considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The client acknowledges and agrees that Enkeri Safaris Ltd will provide, to the best of its ability, information or guidance to the client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where tours are operated, but will not be liable if the client does not act according to the information provided.
The client must at all times strictly comply with all applicable laws and regulations of Kenya and regions visited on the applicable tour. Should the client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Enkeri Safaris Ltd (acting reasonably), the client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Enkeri Safaris Ltd may terminate that client’s travel arrangements on any tour immediately without any liability on Enkeri Safaris Ltd part and the client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by Enkeri Safaris Ltd, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the client while on tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or an Enkeri Safaris Ltd representative as soon as possible upon discovery by the client.
Client agrees to take all prudent measures in relation to their own safety while on any Enkeri Safaris Ltd tour, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to client health and safety. Enkeri Safaris Ltd, nor its Third Party Suppliers shall not be liable for any failure on the client’s part to comply safety instructions or recommendations of Enkeri Safaris Ltd or its Third Party Suppliers.
12. COMPLAINTS
Client agrees to bring any complaints regarding a tour to Enkeri Safaris Ltd as soon as possible in order to provide Enkeri Safaris Ltd with the opportunity to address such complaint properly. Client agrees to inform the head guide or other designated Enkeri Safaris Ltd representative at the earliest opportunity. Enkeri Safaris Ltd assumes no liability for complaints that are not properly brought to the attention of Enkeri Safaris Ltd with sufficient notice for Enkeri Safaris Ltd to resolve or attempt to resolve any client complaints. Any complaint made after the completion of a tour must be received in writing by Enkeri Safaris Ltd within 30 days of the end of the tour in question.
14. LIABILITY
Enkeri Safaris Ltd are not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the tours, or a force majeure event.
Enkeri Safaris Ltd shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Enkeri Safaris Ltd cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Enkeri Safaris Ltd such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Enkeri Safaris Ltd or of the third-party suppliers of any services which form part of the Contract then Enkeri Safaris Ltd limits its liability, where applicable by all applicable International Conventions.
15. FORCE MAJEURE
Enkeri Safaris Ltd shall not be liable in any way to the client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Enkeri Safaris Ltd failure to commence, perform and/ or complete any duty owed to the client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Enkeri Safaris Ltd; or an event which Enkeri Safaris Ltd or the supplier of services, even with all due care, could not foresee.
16. IMAGES AND MARKETING
The client agrees that while participating in any Enkeri Safaris Ltd tour, images, photos or videos may be taken by other clients and/or Enkeri Safaris Ltd representatives or Guides that may contain or feature the client in part or in whole. The client acknowledges that they consent to any such images, photos and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Enkeri Safaris Ltd, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the client or compensation payable to the client.
17. AMENDMENTS
Enkeri Safaris Ltd reserves the right to update and/or alter these Terms and Conditions at any time, and shall post the amended Terms and Conditions on the Enkeri Safaris Ltd Website. Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on the Enkeri Safaris Ltd website, or will be sent to clients upon their written request to Enkeri Safaris Ltd. Clients shall be deemed to have accepted any amendments to these Terms and Conditions on the date that is 10 days after their posting on the Enkeri Safaris Ltd website. Enkeri Safaris Ltd recommends that all clients refer to the Terms and Conditions prior to their travel to familiarize themselves with the most up-to-date version of the Terms and Conditions.
18. LAW & JURISDICTION
These Booking Conditions are governed by the laws of Kenya and any action arising under them, or in any way connected with the travel arrangements booked, may be brought only in a court in Kenya.