General Booking and Travel Conditions
This contract between Herdsman Safaris and the client and/or the tour agency regarding the provision of services will be exclusively governed by these general conditions. The same are issued to the client at the time of reservation of services (or request for inscription) and together with other documents issued to the clients constitute the contract of the tour between Herdsman Safaris and the client and/or tour agency. The payment for the tour booking implies the acceptance by the interested parties of the full application of these general conditions and those of respective providers of related services. All the legal implications derived from these general conditions will be subjected to the judicial system of the Republic of Kenya.
The Reservation:
A minimum of 30% of the total price is required at the time of booking and the balance no latter than 21 days prior to the departure of the safari. For overseas bookings payments can be made in US dollars, Sterling pounds and Euros. Residents pay in local currency at the rate of exchange applicable at the time of payment. Late bookings Full payment is due at the time of booking for reservation made withi n 21 days prior to the commencement of the tours.
Modification of tour:
If you choose to modify the arrangements after the commencement of the tour i.e. change accommodation or the duration of your stay, the company can accept no liability for any loss or additional expense and no refunds will be made.
Rates/ Prices:
Tour prices include: All expenses for drivers and vehicles appropriate for the itinerary as set out. i.e. for transfers, game drives, drivers allowances unless stated in the itinerary. Government hotel taxes, training levy and service charges, all park entry fees except where sp ecifically indicated separately. Normal communication costs incurred to make the reservation. Tour price exclude: Personal insurance, Airport taxes, landing fees for charters and visas, gratuities to drivers and porters (other than hotel service charge), Beverages (unless otherwise indicated), Laundry, other personal expenses of tour members (i.e. telephone calls etc), any other tour services requested that do not appear in the itinerary.
Itineraries
Demand for safaris can be high and may lead to shortage of the specified hotel/lodge/tented camp accommodation. All bookings will be confirmed, but on occasions changes may be necessary. Hotel. Lodges and tented camps, here specifically named are given as an indication of the category and rooms may be reserved at similar Lodges/ hotels/tented camps. We undertake to advise you of any changes known to us prior to departure, but the possibility of change without notice, must be accepted when booking. Wherever possible we book rooms with private baths/showers throughout on the basis of two persons sharing a double room. Single rooms are available at supplementary cost but neither single room nor rooms with private bath/showers can be guaranteed. Safari minibuses, cars, four wheel drive or coaches will be provided according to the route and number of participants. The right is reserved to employ the services of subcontractors. English speaking driver/guides are provided. Occasional mechanical problems, changes of lodge or adverse road conditions may in turn lead to change in routing or game viewing without prior notice being given. We reserve the right to offer substitutes of equal value to cancel the operation of any tour. In practice, Very few itineraries are affected but a little flexibility on your part will ensure the tour is unique and rewarding Safari description. Whilst every effort has been made to ensure the accuracy of the information, regrettably errors do occasionally occur. You must therefore check all details of your holiday booking with your travel agent or supplier at the time of booking. The Company cannot therefore accept responsibility for any information not contained herein, being confirmed verbally by its staff or representatives unless subsequently reconfirmed in writing by the Company.
Liability:
The Company is insured against legal liability arising from injuries that might be received by passengers while inside vehicles.
i. You are however strongly advised to takeout your own insurance against the risks inherent in travelling in an underdeveloped country especially as there may be times when your tour visits remote regions without the means of rapid evacuation or medical facilities. Please remember that your supplier does not undertake to provide such assistance at its expense hence our strong recommendation that you arrange your own insurance to cover such eventualities.
ii. The Company and its agents act only as agents of the passenger in all the matters relating to hotel accommodation, sightseeing, tour and transport whether by aircraft, rail, motor vehicle, boat or any matter howsoever except when the passenger is being carried in transport owned by the Company.
iii. The Company’s obligations apply to those services, which they agree to provide on your behalf. We cannot be held liable for any third party arrangements you arrange in conjunction on your own. For instance, the Company will not be held liable if you miss your tour departure because you fail to arrive at the departure point at the agreed time.
iv. The Company’s liability to passengers carried in its own vehicles is governed by the laws of the respective country in which services are provided and no other country, and all the claims are subject to the jurisdiction of the courts of the respective country in which the services were provided.
v. The company reserves the right to employ subcontractors to carry out all or part of the services agreed to be supplied and in the event of such right the terms to the clause iii relating to the company’s liability shall apply
vi. Whilst every care is taken, the company cannot be held responsible for the loss or damage of baggage. It is therefore advisable to effect separate baggage insurance.
vii. In the event that a claim is made against the travel agent or the tour operator in respect of any loss or damage occasioned by the breach of contracts, negligence or other fault of the company, the Company shall be liable to indemnify the Travel agent or tour operator (as the case may be) in the courts of the country in which services were provided if the Travel Agent or Tour Operator (as the case may be) had submitted jurisdiction in the said courts.
viii. In respect of any such claim mentioned in sub clause (ix) of this clause, the Company shall be under no liability expressly assumed in this clause.
ix. For the purpose of this clause, the Company shall be deemed to include its servants and agents and shall be deemed to contract on behalf of such servant and agent.
Passports and Visas:
You are required to ensure that your passport and travel documentation is in order and that you have obtained the necessary visas for your journey. Should you require assistance on this matter we will be pleased to make recommendations.
Travel Insurance:
It is a condition of booking one of our tours that the traveller is adequately insured for the full duration of the tour in respect of illness, injury, death, loss of baggage and personal items, cancellation and curtailment. The choice of insurer is the sole discretion of the client. General Prices are based on fares and other costs prevailing at the time of your request of the price lists and is subject to change if fares or costs subsequently vary. We reserve the right to decline any person as a member of any tour at any time in which event an equitable amount will be refunded.