All references to "Client" shall mean the person, firm or company to be provided with Services by the Company, which are contracted for with the Company by the Organizer and shall include any person in any party accompanied or paid for by such person, firm or company and the personal representative of all such persons.
These terms and conditions shall apply to all contracts made by the Company with an Organizer/Client and constitute entire and exclusive agreement between the Company and the Organizer/Client. No subsequent agreement in any way altering these terms and conditions shall be binding on the Company unless made in writing and signed for by an authorized officer of the Company.
In all the contracts agreements or arrangements with the Clients which involve or may involve the Services of the Company in any capacity, the Organizer shall state clearly and unambiguously that:
i. the Organizer is the principal and sole contractor with the clients or where the context so admits retail agents and other corporate bodies and persons [hereinafter jointly and severally called "the Retailer"] and the Company is at all times the agent of the Organizer and acting solely on behalf of the Organizer.
ii. The Company shall be exempted from and in cases indemnified by the Organizer against all or any liabilities for acts, defaults or omissions of any third party.
The Organizer shall indemnify the Company in full against all or any claims by any Retailer or Client for any breach of an agreed contract.
- Tour arrangements
The Company will use their best endeavour’s to ensure that the transport, accommodation, meals and other agreed services
[herein called "Services"] provided are fully in compliance with the information given to the Organizer. The liability of the Company to the Organizer to the breach of contract is restricted to liability where by the negligence of themselves, their servants or agents all or some Services are not provided in which event such liability shall be limited to the Company indemnifying the Organizer against claims by the Client only for the actual costs of the Service which was to have been provided for. This excludes all consequential damages suffered or incurred including but not limited to the costs of air fares to and from the respective destination or any other such incidental or indirect costs.
In case of any such failure to provide any Service contracted for, the Company shall have the right to substitute alternative services of equal value, costs and level subject always to such services being available; without any prejudice to the foregoing:-
i. The Company accepts no liability in the event of Services not being carried out or altered due to “force majeure” or by any other matter whatsoever beyond their control. Such may include but not limited to war, floods, pandemic, closure of National Parks, Sanctuaries, Hotels/Lodges and such like matters. The Company reserves the right to make alterations to the itinerary when in its sole judgment it is deemed necessary or desirable for the comfort, convenience or safety to the valued Clients.
ii. The Company accepts no liability for alleged inferior or inadequate Services or careless or wrongful acts or omissions of hotel keepers, camp keepers, lodge keepers and such like persons and their servants and agents or any other person not in the employment of the Company. On their part Favour Tours & Safaris will try always to identify the best service providers to avoid complains and hence make clients experience most memorable.
iii. The Company accepts no liability that is beyond control for unexpected damages directly or indirectly arising out of delay in departures or arrivals occasioning the missing of roads, rail, ship or aircraft connections.
iv. The Company accepts no responsibility for airline reservations and reconfirmations nor any liability for damages arising from any changes of airline schedules, cancellation of flights or errors and mistakes made by airline offices or travel agents. As regards all dealings with or for any Client relating to or touching upon air travel, airports, air bookings, travel agents and airlines, the Company legal relationship and standing is merely that of an intermediary between such third parties as the Organizer, Retailer, and Client. The organizer should advise all the clients to protect their interest through insurance covers and careful attention to all documentation supplied to them by all such third parties as Favour Tours & Safaris may not be in control.
v. The Company may in their discretion employ sub-contractors to carry out all or any part of the Services. Favour Tours and Safaris will only use sub-contractors which they have vetted to ensure that the service levels of highest standards are maintained at all times.
- Price Variation
The Company will always discuss with the Organizer/Clients if needs beyond control to increase all or any of the prices in any of the following events:-
i. Official devaluation or revaluation of the local destination currency against the United States Dollar, the EURO, the Sterling Pound or the currency of the country in which the booking is made (if different);
ii. Any statutory increase in taxes or other dues imposed by the local Governments or any officer or agent thereof that were unexpected;
iii. Any local increase in the prices of aviation fuel or any other increase in the cost of transport which never formed the initial part of the Services;
iv. Any increase in the cost of accommodation or meals forming part of the Services;
v. Any increase entrance fees to national parks, national reserves, conservancy and sanctuaries and any other entrance fees forming part of the Service;
vi. Any other increase in the Company operating costs or cost of providing the Services which are beyond the Company control and which the Company has every reasonable effort to prevent.
- Deposit and payment
A deposit of 50% will be required when booking a safari and the balance to be paid 6 - 8 weeks prior to the commencement of the services.
- Cancellation
In case of cancellation 60 days prior to commencement of service for whatever reasons, the Company shall pay back all refunds less the 5% of processing fees of the total cost of services.
Ø Cancellations received between 60 days and 45 days prior to commencement of Services shall be charged at 25% of the total cost of Services.
Ø Cancellation received between 45 days and 35 days prior to commencement of Services shall be charged at 35% of the total cost of Services.
Ø Cancellation received between 35 days and 15 days prior to commencement of Services shall be charged at 50% of the total cost of Services.
Ø Cancellation received between 15 days and 01 days prior to commencement of Services shall be charged at 100% of the total cost of Services
- Non-payment by the date for commencement of services
In the event that the Company has not received payment in full by the agreed date, the Company reserves the right in its absolute discretion to withhold all or any of the Services. The Company shall also be entitled to collect the outstanding payment from the Organizer, the Retailer or the Client direct so that they can continue offering the services.
The Company shall notify the Organizer, the Retailer or the Client prior to the date for commencement of Services that the Services or any part of the Services will be withheld but it is not a requirement.
- Insurance
i. The Company transport vehicles are insured against any legal liability which may arise out of injury or death to the Client in accordance with and to the extent required by the Laws of Kenya.
ii. The Company vehicle insurance does not cover illness, infections, damage or loss of baggage and consequential damages arising from any one of these. We therefore highly advise Clients to effect their own insurance covers prior to their arrival in the local destination and such insurance to cover as a minimum, death, personal injury, medical expenses, loss of baggage and consequential damages arising in the event of any one of the above. However the Company offers emergency and recue cover to all its clients through AMREF air and ambulances while on safari at no extra costs.
- Loss of or damage to property
The Company will totally take uttermost care to the client’s baggage and properties to avoid theft, loss or damage; however we advise clients to take an insurance policy not to suffer in case of any loss.
- Travelers who needs special assistance
The Organizer need to report to the Company any disability requiring special attention during the time of booking the safari. The Company will make all reasonable attempts to accommodate the special needs of the disabled travelers. Nevertheless, the Company is not responsible in the event it is unable to do so, nor is it responsible for any denial of services by carriers, hotels, restaurants, or other independent suppliers. A qualified and physically able companion needs to accompany travelers who require such assistance.
- Other general sales agents
Any other duly appointed General Sales Agents are merely Agents for the Company and all contracts entered into by the Organizer shall be deemed to have been made directly with the Company. All contracts made other than directly with Company are subject to ratification by the Company.
- Governing laws
These terms and conditions shall be read and construed in all respects in accordance with the Laws of respective local destination’s governments. The Company and the Organizer shall submit to the exclusive jurisdiction of the respective courts if any matter cannot at all be solved among the parties amicably.
“In all things of Nature there is always something of the marvelous “
Aristotle
