Introduction

These Terms and Conditions shall apply to you as the Client and Ahnasa Destinations Limited (the “Company”) (each a “party” and together the “parties”). 

Definitions and Interpretations

Business Day means a day (other than a Saturday, Sunday or gazetted public holiday) on which banking and financial institutions are generally open for the conduct of business in Kenya;

Client means an individual or entity making a booking with the Company from time to time, details of which are set out below;

Safari means a travel expedition for which the Company prepares for the Client.

Unless the context otherwise requires, in these Terms and Conditions:

Words denoting the singular number shall include the plural and vice versa and a reference to the masculine gender includes a reference to the feminine gender and neuter and vice versa;

The definition of any document (including these Terms and Conditions) shall be deemed to be a reference to such document as from time to time amended varied modified or replaced (in whole or in part) but disregarding any amendment, variation modification or replacement taking place in breach of these Terms and Conditions or such document; 

References to clauses and sub-clauses unless otherwise provided, are to be construed as references to the clauses and sub-clauses to these Terms and Conditions;

References to parties or a party means the parties or a party to these Terms and Conditions and the Contract; and indemnifying any person against any circumstance includes indemnifying and keeping him harmless from all actions, claims and proceedings from time to time made against that person and all loss or damage and all payments, costs and expenses made or incurred by that person as a consequence of or which would not have arisen but for that circumstance; and

Section headings are for convenience only and shall not affect the construction of these Terms and Conditions.

Acceptance 

Making a booking with the Company is taken as acceptance by the Client of these Terms and Conditions. These Terms and Conditions have been provided to the Client simultaneously with the booking form. By submitting a deposit or personal information, the Client agrees to be bound by these Terms and Conditions. In addition, these Terms and Conditions shall, unless otherwise provided, be deemed incorporated by reference into any additional agreement or contract for the booking of travel plans executed by the parties.  Once the booking form and initial deposit has been received and accepted by the Company, the booking is confirmed and the Client (s) becomes liable to make all payments for the trip and any cancellation or amendment fees that may subsequently arise. 

The person signing the booking form warrants that he/she has full authority on behalf of all the persons whose names appear thereon, and confirms that all such persons are fully aware of and accept these conditions.

Booking 

Booking a safari is often an iterative process where we will have numerous discussions, and you will probably be provided with a number of different quotations with various options for Safari itineraries, locations, accommodation, etc. Once this process is completed and you are ready to proceed to book, kindly fill out the booking form which we will send to you to the address specified below your signature below. Every traveller or travel group must fill out the booking form and send it back to us by submitting or emailing it to info@ahnasa.com.

For traveller(s) who are travelling in a group of two (2) or more, the group leader may fill out the booking form on behalf of the entire group, provided they have indicated all traveller(s) in the group in the booking form and send it back to the Company together with copies of each traveller’s passport. By making a booking, the Client making the booking on behalf of all the persons detailed on the booking hereby warrants that all individuals listed in the booking form:

Have read the Terms and Conditions and agrees to be bound by them;

Consent to the disclosure of information and personal data in accordance with clause 21 and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);

Are over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.

The Client making the booking on behalf of the persons detailed on the booking hereby accepts financial responsibility for payment of the booking on behalf of all such persons detailed on the booking.

Booking of Flights

The Company will use reasonable commercial efforts to ensure that all flight prices are correct at the time that they are quoted. Airlines reserve the right to amend or withdraw fares without prior notice. The Client on booking a flight hereby agrees that:

Payment of deposit on an airfare, only guarantees that a booking is being held, it does not guarantee the fare. The fare can only be guaranteed when the flight booking has been paid for in full and a ticket has been issued;

Flight bookings cannot be transferred. The flight times given by the Company are for general guidance only and are subject to change. Up-to-date flight times will be shown on the tickets; and 

The Company will not be held responsible for any delay or cancellation to your flight whether this delay is caused by adverse weather conditions, the action of air traffic controllers, airport authorities or (local) governments, the rescheduling of flight times by the airline, mechanical breakdown, strike, industrial action or any other reason.

The Company will use reasonable commercial effort to inform the Client as soon as possible in the event of any flight alteration. Details of airlines are also subject to change. Such alterations will not entitle the Client(s) to cancel the booking without paying the normal charges as a result.

The Company shall endeavour to provide the Client with a final version of the travel program upon arrival. The Company acts only in the capacity of an agent and therefore is not responsible for injury, sickness, damage, loss, additional expenses, accidental delay, or other irregularities which may be caused in any manner whatsoever.

All Payments 

The payments (deposit & final payments) can be made by Credit Card, through a secure link, or via a bank wire/transfer. We will provide our banking details to facilitate this process. 

For all overseas Clients resident outside of Kenya, payments are made at the prices shown on our quotation in US$ Dollars.

For all Kenya resident / Kenya citizen Clients, payments can be made either in US$ Dollars or Kenya Shillings 

Payment terms

Unless otherwise specified, in order to secure a booking the Client shall pay to the Company:

A deposit payment of thirty per cent (30%) of the total amount is payable; 20% is non-refundable.

All internal flights will have to be paid in full as tickets will not be issued without full payment. This may require a larger deposit payment, which we shall inform you at the time of confirmation;

In some cases, the deposit may be higher, but we will let you know at the time of booking if this is the case. We can only secure your booking once we have received your deposit and your flights will only be secured once payment is done and tickets issued; and

Final balance of the amount will be payable no longer than forty-five (45) days before the departure date. In the case of bookings made within eight (8) weeks of departure, the full price will be payable. 

Company’s Refusal to enter or conclude a Contract

In any of the following cases, the Company has the option but not the obligation to enter into or conclude the Contract.

If any of the conditions of a participating traveller(s) in respect of sex, age, qualifications, skills, etc., specified by the Company in advance or under the Contract (as the case may be) is not met;

If the number of applying traveller(s) has not reached the intended number in order to make the Safari possible as determined by the Company;

If it seems likely that the traveller(s) may give trouble to other travellers or disturb the smooth conduct of group activities;

If a traveller is unable to settle his/her debts relating to the travel and other related fees, in whole or in part, in accordance with the Contract or for such reasons which include but are not limited to the traveller’s credit card being invalid or not usable.

Alterations by you 

If, after we have confirmed a booking, you request a change in the dates or content of your itinerary, the Company will try to meet your revised requirements. Requests for amendment must be made in writing or email as provided in clause 22 and should be signed by the person(s) who made the initial payment.  We reserve the right to charge an alteration fee of two per cent (2%) of the total price quoted. Any such requests received within eight (8) weeks before departure may be treated as a cancellation and re-booking and thus subject to cancellation charges. 

The Company will not accept any responsibility for bookings made directly by the Client with an external vendor within the itinerary. Cancellation

By the Client: 

Cancellation and changes on the original booking form must be confirmed by the person signing the booking form.

Cancellation instructions by you must be in writing by email to us and will be deemed received on the day when we receive such instructions as provided. 

Any costs or charges, which we incur, or which are incurred or levied by our suppliers as a result of the amendment, will be charged to the Client. We will use reasonable efforts to accommodate changes and additional requests but do not guarantee that these will be met.

Where we have informed you that a booking is non-cancellable, no refund will be made for cancellation, however we will use reasonable commercial effort to try and obtain a measure of refund for you from the supplier and if successful will make such refund as we are able to obtain.

Our cancellation charges are determined by the fact that once we have booked with hotels and safari camps/lodges and with local airlines, they will charge us a cancellation fee if we cancel a booking. 

Depending on when notification of cancellation is received, cancellation charges will apply as follows: 

Over 12 weeks – 20% of tour price is retained;

Between 9 – 12 weeks     – 45% of tour price is retained;

Between 4 – 8 weeks  – 80% of tour price is retained; 

4 weeks or less – 100% of tour price is retained.

Please note that with some group tours, there may be exceptions to this and we will notify you at the time. 

No substitutions are allowed and no refunds or credits will be given for individual tours cancelled. Note that certain items such as gorilla and chimpanzee trekking permits are 100% non-refundable or non-transferrable.

We cannot give any allowance or refund for meals, accommodation, transport or other pre-paid services, not taken when these are included in the tour price nor once the tour has started can we give any refunds for cancelling part of the tour. 

Where any cancellation reduces the number of full paying party members below the number on which the price, or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. 

If your reason for cancelling is because of events beyond your control (e.g. illness, death of a close relative) you may transfer your booking to another party (except for any discounted air tickets) provided that you give us minimum fourteen (14) Business Days to make such arrangements and that you and the transferee agree to be jointly and severally liable for any payments. Any transfer fees incurred will be the responsibility of the Client. If either party is unable to find a replacement, cancellation charges as set out in this clause 11 will apply in order to cover our estimated costs. If a replacement is not found, the Company has no obligation to refund amounts paid or payable for unused services.      

It is the Client’s responsibility to purchase full insurance coverage for the tour package and airline tickets, when you pay the initial deposit amount, to protect you (and all members of the group in the case of a group booking) in the event of cancellation or alteration. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable deductibles) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. The Company shall not bear any liability in respect of any element of your Safari. The Company endeavours to but cannot guarantee that any refund due to you in the event of cancellation shall be done within thirty (30) days from the day the Company receives your cancellation by crediting your bank (less the charges incurred by bank or other institution). 

By the Company: 

It is unlikely we will have to change or cancel your Safari booking after it has been confirmed. However, as arrangements are often made many months in advance and we have no direct control over some of the products we feature, we reserve the right to change or cancel your Safari booking or a component of your booking at any time. Most changes tend to be minor and we will advise you of these as soon as possible. Minor changes include a change of accommodation to another of the same standard, change of airline or alterations to flight times by less than twelve (12) hours. Very occasionally we may experience the failure of a supplier, or more commonly, the inability of a supplier to deliver an agreed service. One example is the inability of a safari operator to put a mobile camp out into the field due to a change in park regulations, the closure of a road or border or extreme weather conditions. 

In both cases, we will endeavour to replace the service with an equivalent, which would not impact on the status of the booking and its payment and delivery obligations. In some cases, this may not be possible and we will need to seek your agreement to a more significant change. We shall also use reasonable commercial effort to ensure that your travel arrangements booked with us are supplied as laid out in the itinerary at the time of booking. If any part of your travel arrangements is not provided as promised, due to the direct fault of our employees or agents, we will pay you reasonable compensation having regard to the cost of the service and the seriousness of the deficiency – provided the procedure shown in clause 12 below, has been followed and provided that the total amount payable to you shall not exceed the fees payable to us less any amounts directly due to third parties.

We do not accept responsibility nor pay compensation where the fault was due to unusual or unforeseen circumstances (force majeure) as provided in clause below. The Company is not responsible for any incidental expenses that you may have incurred as a result of your booking such as visa fees, inoculations, non-refundable air tickets, etc. 

Force majeure 

Force majeure means unusual or unforeseeable circumstances beyond our control, e.g. war, threat of war, civil commotion or strife, hostilities, terrorist activities, industrial disputes, natural disaster, fire, acts of God, technical difficulties with transportation, quarantine, weather conditions, government action, etc. Your travel insurance may cover you for some of these events. 

Complaints 

If you have a problem during your Safari, please inform your driver/ guide or tour leader as soon as you become aware of it so that they can try to rectify the situation. If it is a serious issue that cannot be resolved immediately, the Client shall advise the Company as soon as reasonably possible by email by providing all relevant information so that the Company can investigate it fully. Only if the Company is made aware of any problems that there will be the opportunity to put things right.

Failure to complain on the spot and if you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint while you were in the hotel, lodge, safari, etc., and this may affect your rights under these Terms & Conditions. Should the problem remain unsolved a complaint must be made in writing to the Company within 15 days of the completion of the holiday.

In all cases our liability shall not exceed the price of that component. 

Prices and Increases 

We reserve the right to alter the prices of any of the Safaris. You will be advised of the current price of the Safari that you wish to book before your contract is confirmed:

Unless otherwise agreed, the Safari price includes the cost of all accommodation (as specified in the itinerary), scheduled flights, air charters, land and water transportation, accommodation, the services of professional guides, game viewing drives and most local airport taxes;

Not included in the holiday price is travel insurance, excess baggage charges, tipping for services, drinks in some camps and lodges, specific meals in certain hotels and items of a personal nature; and

The holiday price is based on costs known at the date of booking and on relevant rates as at the date. It is subject to variation only to reflect subsequent increases in transportation costs (including fuel and airfares), dues, taxes (including VAT) and fees chargeable for services or adverse exchange rate variations. If prices increase, we will notify you accordingly and reserve the right to charge you that extra amount. 

Risk

Travel carries some measure of inherent risk including, but not limited to, the hazards of travelling in underdeveloped areas where road conditions and other facilities may be poor or lacking; the forces of nature; and accident or illness in remote regions without means of rapid evacuation. Bookings are accepted on the specific condition that the Company, and its team act only as agents of the passenger in all matters relating to hotels, sightseeing tours, restaurants, all forms of transportation and other services which may be included in these tours. 

The Company may purchase these services from suppliers and other independent contractors, without warranties and representations from them and thus such services are not subject to its control. The right is reserved to substitute hotels of comparable status and to make any changes in the itinerary where deemed necessary or caused as a result of adverse road or weather conditions, disruptions to airline schedules or any other valid reason. 

While all precautions are taken to ensure the passenger’s safety and enjoyment on these tours, the Company and/or its agents and suppliers shall not be liable for death, injury, delay, loss or damage arising from any cause and in any manner whatsoever or change of itinerary or act, including any acts of terrorism, acts of God and government, neglect, accident, error or omission caused by any of these suppliers or independent contractors, their employees, representatives or any events beyond the control of the Company.

All baggage is carried at the passenger’s own risk, and the Company reserves the right to exclude certain baggage at its discretion. The airlines used to provide flights within Kenya and East Africa are subject to international air conventions limiting their liability; the limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. It should be noted that the types of vehicles used for Safaris on rough roads in East Africa are different from tour vehicles on the highways in developed countries and often do not have air- conditioning.

The Safari Landcruisers used throughout East Africa for overland road safaris on the main highways beyond the parks are of a standardised design with sliding passenger windows. Open-sided safari viewing vehicles may be used inside the parks and conservancies. 

In most of the safari lodges where electricity is provided by a generator, these are turned off late at night until the following day.

Water from taps in bathrooms is not suitable for drinking and bottled water is provided for drinking and cleaning teeth. 

The roads between the parks may have rough stretches and the overland journeys can be lengthy as tour vehicles are limited to a maximum speed of fifty (50) miles per hour / eighty (80) kilometres per hour, so flights between camps are always recommended in preference to long road transfers. Please note that we cannot accept any responsibility for weather conditions or the presence or absence of particular wildlife from your Safari, in particular, severe drought conditions can lead to local authorities imposing restrictions on use of water, conversely unseasonal rains may make a location impassable. Every effort will be made to ensure that you are not subject to inconvenience due to any of the above provisions in clause 14 but no responsibility can be accepted if any of these events do occur. 

Your Responsibility 

It is your responsibility to check-in for your flights by the correct time and to be in the right place at the right time for ground travel arrangements. We do not accept liabilities if you fail to do so and no credits or refunds will be given for lost or mislaid air tickets or other travel documents.

It is the responsibility of the person who signs the booking form to disclose any pre-existing medical conditions that members of their party may have or any special requirements members of the party may have.

It is a condition of your contract with us that you act with reasonable prudence and circumspection whilst on holiday and that you comply with all health and safety requirements of guides, camps and the like. 

Services between you and suppliers of accommodation, transport and other services which form part of your holiday their conditions of business will apply which may mean that you will be required by such suppliers to sign liability waivers or other documentation for some potentially more hazardous activities such as hot air balloon, canoe, walking and riding safaris and white water rafting. 

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tours that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during its provision by the excursion or tour operator. Any specialist service which we organise on your behalf with a local supplier and for which you pay that supplier direct or we pay on your behalf as a separate charge to your package arrangements will be on the local suppliers’ terms and conditions and your contract will be with them. 

By booking a holiday with the Company, you undertake to behave in an orderly manner and not to disrupt the enjoyment of others on holiday with you nor to do anything to bring the reputation of the Company into disrepute. If you breach this clause your holiday will be terminated with immediate effect and the Company will have no further contractual obligation to you. The Company will be entitled to recover from the offending party and/or the person who signed the booking form compensation for any damage caused.

If you have a problem during your holiday, you must inform the relevant supplier(s) (e.g. your hotelier) and your guide immediately who will endeavour to rectify the situation. If your complaint is not resolved locally, please follow this up within thirty (30) days of your return home by writing or emailing the Company with all relevant information.

We are not responsible for any incorrect information in brochures supplied by ourselves that are produced by the individual operators. 

We are not responsible for any loss, death or injury that is attributable to your acts or omissions, or the acts or omissions of third parties not involved in providing the services which make up your holiday unless we could have foreseen such circumstances whose consequences could not have been avoided by exercising all due care. You are responsible for the conduct of any children travelling with you and for their compliance with the conditions set out in these Terms and Conditions.

Safety Standards: Safety standards can and do vary from one country to another and may not reach the same level as can be found in the UK, USA, Australia, Europe, etc., although we do request that all the properties we feature comply with the appropriate, local safety standards. It is your responsibility to take all reasonable precautions whilst on holiday. 

Passports, visas & Inoculations

It is of utmost importance that you thoroughly check your visa & inoculation requirements before your intended date of travel, as the Company cannot be held responsible should the necessary visa & inoculation requirements not be fulfilled. Both the cost, currency, accepted method of payment, and type of visa (i.e., single, double or multiple entry) should be checked in advance to avoid any inconveniences and delays when entering countries or crossing borders. It is recommended that you travel with at least 2 blank passport pages per country visited. Please ensure that your passport is valid for a minimum of 6 months after your date of travel. 

Behaviour 

The Company reserves the right to terminate the holiday arrangements of any person whose behaviour is such that it is likely in our opinion or that of any hotel/camp/lodge manager, airline pilot, tour leader or other person in authority, to cause distress, danger, damage or annoyance to other clients, staff and property or to any third party. Should this happen, full cancellation charges will apply and we will have no responsibility whatsoever for any costs incurred for the continuation of the holiday, including any return travel, or to compensate for any loss incurred.

Security 

The health and safety of our clients is of paramount importance to us. Should the Foreign Office advise against any travel to a particular country, then we will of course act upon this and reserve the right to cancel your holiday. Please note that compensation or refunds cannot be paid in such circumstances. You can find information on the country you are visiting on your government website. 

Tours – General Fitness Requirements 

Due to the physical nature of some of the tours which we feature, we regret that they are not suitable for persons with reduced mobility and a reasonable level of fitness is required. If you are in any doubt as to the suitability of a tour, please make this known to us before you book. 

Insurance 

It is a condition of this contract that all members of your party have taken out comprehensive and adequate travel insurance with a reputable insurance company. We cannot accept any responsibility for any failure on the part of members of your party to take out comprehensive travel insurance. You should try and ensure that your travel insurance will fully cover you for any situations outside of our control, for example, force majeure as well as for personal effects, accidents, medical and emergency travel expenses, cancellation and curtailment. 

Data Protection 

In order to process your booking and to make sure that your holiday arrangements run smoothly, we need to pass the information which you provide on to relevant suppliers such as airlines, transfer companies, hotels, camps, lodges etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. However, we will not pass your information on to any person who is not responsible for part of your holiday arrangements. If we cannot pass your information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, you consent to your information being passed onto them. 

Notices

Any notice or other communication given or made under or in connection with the matters contemplated by these Terms and Conditions shall be in writing. Any such notice or other communication shall be deemed to have been duly given or made as follows:

If sent by personal delivery, upon delivery at the address of the relevant party; and

f sent by email, within twenty-four (24) hours from the time of sending (provided the sender receives proof of transmission) as evidenced on the sender’s email provided that if there is a dispute as to when email instructions were actually received, the same will be deemed to have been received after the expiry of forty eight (48) hours from the time the email is sent (provided the sender receives proof of transmission). 

Intention to be bound

Each of the Parties hereby agrees and confirms that it has executed these Terms and Conditions with the intention to bind itself to the contents hereof. In the event of a group leader signing these Terms and Conditions on behalf of members of his/her group, such group leader hereby warrants and represents that he/she has read and/or provided these Terms and Conditions to all members of the group, which is accepted by each member of the group. The Client and/or the group leader hereby indemnifies the Company for any claim or loss brought by any member of the group which the Client is not directly entitled to pursuant to these Terms and Conditions

Entire Agreement and Variation

These Terms and Conditions and if applicable the Contract constitute the whole agreement between the parties relating to the Safari and neither party has relied on any representation made by the other party which is not a term of these Terms and Conditions or Contract.

No future variation of these Terms and Conditions shall be effective unless made in writing and signed by each of the Parties

Law and 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. 

Covid-19 Travel 

The additional Covid-19 specific terms & conditions for all bookings are applicable so as long as Covid-19 is still a health issue in East Africa.