In order to ensure a mutual understanding between ourselves and our clients, these terms and conditions have been created. They govern our relationship and the terms of the services offered and accepted so please ensure that you have read and understood them before entering into a contract with us as doing so means that you have agreed to be bound by these terms and conditions.
“Company” means “Seremara Safaris”, a tour company, registration number: BN-ZMCE7R duly registered in terms of the laws of the Republic of Kenya,
“Client” – refers to the person/s whose name/s appear on the booking form as the confirmed party/ies embarking on the trip or excursion and by being so named contracts and is held bound by these terms and conditions, notwithstanding that not all the person/s might have signed the booking form and that an agent might have made the booking, in which case such agent will be similarly bound. All such person/s shall be jointly and severally liable for the due performance of their obligations in the terms hereof and agree to be bound by the terms and conditions contained herein. All minors warrant that they have contracted with their legal guardians.
“Trip” – refers to any tour, excursion, safari or similar booking made with Seremara Safaris and as described on the booking form and itinerary attached thereto, as applicable
“Quotation” – the written document supplied to you by Seremara Safaris and marked as such, valid for a period of 30 days from the date thereon for the itemized purpose and constituting an invoice for goods and services supplied or to be supplied as the case may be.
“Services” refers to and includes but is not limited to, the trip as well as the procurement of accommodation, transport, transfers by Seremara Safaris on behalf of the client with third party suppliers of various establishments relating to the travel industry and including all services incidental thereto.
“You”/“Your” – refers to the client as defined.
“Supplier/s” refers to the third party agent with whom Seremara Safaris books services on behalf of the client, including but not limited to tour operators, shuttles, accommodation establishments, safaris and so on.
Any reference to the singular also denote the plural and vice versa while any reference to gender include the corresponding pronouns of the other gender and any reference to natural persons will include reference to legal entities.
2. WAIVER, INDEMNITY AND LIABILITY
We act as agents between yourself and suppliers to secure the best booking for you as client however we cannot be held responsible for any defects, changes or cancellations in the bookings or trips, which includes, but is not limited to, delays, loss or damages arising from any causes, including dissatisfaction with the booking, or any loss, damage or delay caused by the suppliers or any third party.
All vouchers, tickets and receipts issued by the supplier, tour operator or any third party will be subject to their terms and conditions and you undertake to abide thereby while doing so and participating throughout the trip at your own risk and liability.
Seremara Safaris, its employees, agents, suppliers and assigns are hereby indemnified by yourself against any claim for loss or damage whatsoever that may arise or have arisen in connection with any services supplied or offered by or in connection with them.
Any claim or claims which you, your agent, executor, heirs or assigns may have for any compensation for damages or loss, or the like from Seremara Safaris resulting from injury or any loss occasioned whatsoever, are hereby irrevocably waived and this includes any transportation to or during the trip as well as any illness, injury or death arising during or after the trip.
3. COMPLAINTS AND DISPUTE RESOLUTION
We aim to reply within 30 days of receipt of your complaint and will make every effort to resolve any dispute after investigation with the relevant supplier and this will be communicated back to you as soon as possible. As we act only as agents however, it cannot be guaranteed that any dispute will be resolved to your satisfaction as resolution thereof may be beyond the control of Seremara Safaris.
4. PASSPORTS AND VISAS
It is your responsibility to ensure that all your travel documents are in order and up to date and immigration regulations such as visas and / or permits are satisfactorily obtained and in your possession for travel. It is advisable that you contact the consular or embassy of your destination country as well as countries passing through, in order to verify the requirements and ensure that you are adequately prepared. No refunds due to incomplete travel documentation will be given or entertained.
Your passport must have sufficient blank visa pages available in accordance with the regulations of the various African countries. It is recommended that a minimum of 2 (two) blank pages per country that you will be visiting or passing through be available in your passport.
Furthermore, your passport must be valid for the prescribed period as contained in the applicable regulations of the countries you will be visiting or passing through.
If you are travelling with a minor child, you will need their unabridged birth certificate and if only one parent is travelling with the minor, you will need to provide a letter of consent from the absent parent that the minor is allowed to travel with you.
The Company cannot be held liable for any visa or travel documentation not held by the Client, nor will they be held liable should a passenger be refused entry into any country for any reason.
This is not a comprehensive list of the required travel documents and should not be construed as such.
5. INNOCULATION, IMMUNIZATION AND MEDICATION
African countries have varying inoculation, immunization and medication requirements and it is essential that you familiarize yourself with these and take the necessary action on time as travel will not be permitted unless you meet these requirements which are your full responsibility. It is furthermore your responsibility to be familiar with all diseases, both real and potential, when travelling to and through Africa and to take the necessary precautions and vaccinations.
Seremara Safaris cannot be held liable for any advice dispensed by their Safari Experts or displayed on the company’s website relating to inoculations, immunizations and medication required for travel to the various African countries.
It is also your responsibility to ensure that you are medically fit and healthy for travel.
6. ILLNESS OR DISABILITY
If you are suffering from any illness or disability, or are undergoing any medical treatment, you must declare this openly and honestly to Seremara Safaris at the time of booking your trip.
In a similar manner, if you are affected by any condition that may affect you or others during your trip in any way, you must comprehensively advise Seremara Safaris at the time of your booking.
It is your responsibility to make arrangements for the provision of any medication or treatment while you are away
Failing to declare any conditions, illnesses, disability or the like, will constitute a breach of these terms and conditions and can result in you being excluded from your booked trip or excursion without refund of any payment.
7. TRAVEL INSURANCE
It is the client’s responsibility to ensure they purchase adequate travel and medical insurance. The client cannot hold Seremara Safaris liable for any advice and/or inadequate and/or the non-purchase of travel insurance including any costs arising from the possible need to cancel, re-route or follow different travel arrangements including an emergency medical procedure.
Seremara Safaris indemnifies themselves wholly from any harm, loss or damages that you or your heirs or assigns may suffer as a result.
All baggage and personal effects of any traveler will be the traveler’s risk throughout and should, if necessary, be insured against loss or damage for which Seremara Safaris accept no responsibility.
8. GENERAL LEGALITIES
All the terms and conditions governing your trip and our relationship are set out in this document that you have agreed to upon completion of your booking form. These terms and conditions will prevail in the event of any contradiction in the documents so please ensure your familiarity with them as you have agreed to be bound hereby.
No party shall be bound by any express or implied terms, representation, promise or the like not recorded herein.
No variation, amendment, addition or deletion of these terms will be binding unless expressly agreed to by both parties, being the client and Seremara Safaris, in writing. From time to time, updated and amended terms and conditions will be necessitated due to changes in policy, administration and legislative alterations. Please ensure that you are familiar with the most recent document.
No relaxation or indulgence will constitute a waiver of these terms and conditions and both parties remain entitled to their rights as ascribed to them in terms hereof, despite not insisting on them at any given time.. Should any of the terms and conditions as found herein be deemed to be invalid or null and void as determined by a court of law, the rest of the provisions will remain in full force and effect as if the former had not been included.
This Agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed with the accordance of the laws of the Republic of Kenya.
The client consents to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrate’s Court. The client agrees, however, that the Company in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction and further agrees that each party shall borne their own associated legal cost.
In the event Seremara Safaris institutes any legal proceedings against the client to enforce any of its rights under this agreement, it shall be entitled to recover from the Client all legal costs that it incurs to its own attorneys on an attorney/own client basis, including but not limited to collection commission and tracing agent charges.
No responsibilities, rights or obligations in terms of these terms and conditions can be assigned or ceded by you to a third party.
Should Seremara Safaris be prevented from carrying out any of its obligations in terms of this agreement due to causes beyond its control, Seremara Safaris shall not be held liable to continue with its obligations while the causes persist and further more shall not be held liable for any delays or losses or damages which may be incurred as a result.