Booking Terms and Conditions
Introduction
These Terms and Conditions shall apply to you as the Client and Kampur Enterprises Ltd (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.
General Terms and Conditions:
Kampur Enterprises Limited (Kampur Travel Diaries) is acting as intermediary or a “Booking Agent” for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.
Acceptance:
Making a booking with the Company is taken as acceptance by the Client of these Terms and Conditions. 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.
In addition, the person making the booking warrants that he/she has full authority on behalf of all the persons whose names appear on the booking, and confirms that all such persons are fully aware of and accept these conditions.
Payments:
If the full payment is not received by the due date on the quotation, the travel agent or third-party Service Provider (as the case may be) involved deserves the full right to cancel the Booking. In the event that payment has been made after the aforementioned deadline, the Client will be liable for any difference in price should the Client still want to proceed with the Booking at the higher price.
Rate Changes:
Under all normal circumstances, Kampur Enterprises Limited (Kampur Travel Diaries) wishes to respect agreed rates as per the quotation, but reserves to change the rates and terms at any time due to circumstances out of its control (such as, but not limited to fuel prices, exchange rates, park and related fees, service levies or tax increases). In case of material changes caused by government bodies and/or similar bodies that cannot be influenced by Kampur Enterprises Ltd (Kampur Travel Diaries), it reserves the right to also change the rates on confirmed and paid bookings. Any 3rd party rate increase after confirmation – such as, but not limited to, changes in park fees – will be fully paid by you.
Cancellation and Changes Policy:
You or any member of your party may cancel or change your booking at any time providing that the cancellation is made by the person making the booking and is communicated to us in writing. The supplier charges plus the company’s administration fees will apply and are based on the day the written cancellation or change instruction is received. Bookings are otherwise non-refundable. Any changes by you will be subject to the supplier charges plus the company’s administration fees.
Refunds:
No refunds will be considered in any circumstances whatsoever by the us. Refunds by the third-party service provider will be subject to their respective terms and conditions. We may charge a fee for processing a request for refund. Third – party service provider may charge refund fees above those stated.
Special Requirements:
If you have any special requests, these will be passed on to the relevant supplier and we shall use our best endeavours to accommodate such requests. However, it does not guarantee that it always can be done.
Force Majeure/Low Bookings/ Overbookings:
Neither we nor any of our officers, directors, employees, representatives, agents shall be liable for any loss or damage incurred by you as a consequence of force majeure, low bookings or overbookings.
“Force Majeure”: includes war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers, technical or maintenance problems with transfer, unforeseen operational decisions of air carriers such as changes of schedule, or any unforeseeable or unavoidable event beyond the Company’s control.
“Low Bookings”: is where the number of persons who have booked a particular arrangement is less than the minimum required to make it financially viable.
“Over Bookings”: is where hotels sell more rooms than the actual number of people they can accommodate. It aims to avoid empty rooms due to no-shows and is legally sanctioned so long it is not abused.
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 but not limited to 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.
Behaviour:
It is your responsibility to ensure that you and the members of your party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on your behalf, in which case the Company’s responsibility to you ceases immediately and there can be no refunds, no payment of compensation and no reimbursement of any cost or expenses you may incur as a result. Further, you will be liable to reimburse the Company for any expenses whatsoever it incurs as a result of your behaviour.
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.
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 guests 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 guests 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.
Our 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, but no responsibility can be accepted if any of these events do occur.
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
if 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.