Terms & Conditions for Clients
Definitions
“Company” refers to Kibena Africa Safaris and Tours trading as Kibena Africa Safaris registered in Tanzania.
“Client” – refers to the person/s who is/are named and identified 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 named in the booking form shall be jointly and severally liable for the due performance of their obligations in 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 Kibena Africa Safaris.
“Quotation” – the written document supplied to you by Kibena Africa 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 Kibena Africa 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 or Your” – refers to the client as defined.
“Supplier/s” refers to the third-party agent with whom Kibena Africa Safaris books services on behalf of the client, including but not limited to tour operators, shuttles, accommodation establishments, safaris and so on.
In the interpretation of these terms and conditions the headings are used for reference only and do not aid in the interpretation of the contents.
Any reference to the singular shall include reference to the plural and vice versa while any reference to gender includes reference to both genders and any reference to natural persons will include reference to legal entities.
Booking Procedure
To secure your reservation, a 30% (thirty per cent) deposit will be required to be paid to Kibena Africa Safaris within 7 days of reservation of the booking and submission of the invoice. Failure to do so timeously will result in the automatic cancellation of your booking.
The remaining balance of payment amounting to 70% (seventy per cent) must be paid to us 60 days prior to the commencement of your booking however if you have booked your trip within 30 days of departure, the full payment must be paid on date of reservation to secure your booking.
Kibena Africa Safaris only accepts payment via direct Electronic Funds Transfer to either a Tanzanian Shillings account or a United States Dollar account.
Any bank charges incurred as a result of a payment or foreign exchange difference will be for your account, notwithstanding the method of payment chosen.
Kibena Africa Safaris reserves the right to cancel reservations should your deposit or balance of payment not be received on time.
Kibena Africa Safaris reserves the right to increase a quotation before receipt of payment should suppliers increase their prices, this despite the quotation already having been issued.
Should you have paid in full for your booking and there are increases that occur in pricing that neither ourselves as agent nor the suppliers have any control of, you will be liable for these increases and will be billed accordingly. This can be as a result of several factors including, but not restricted to, Government Tax increases that affect tourism related services and Park Fee Increases.
Cancellations
All cancellations must be done in writing and receipt thereof acknowledged by Kibena Africa Safaris to be a valid cancellation.
Cancellation of any booking is subject to the following conditions:
Less than 10 weeks’ notice – Deposit forfeited
Less than 8 weeks’ notice – Deposit plus 25%
Less than 4 weeks’ notice – 50% is forfeited
Less than 3 weeks’ notice – 60% is forfeited
Less than 2 weeks’ notice – 100%
Should you fail to join a safari or join it after departure or leave it prior to its completion, no refund will be made.
Changes and Alterations
“Force Majeure” means, in relation to Kibena Africa Safaris, any circumstances beyond the reasonable control of Kibena Africa Safaris (including, but not limited to, acts of God, explosion, flood, fire, war, threat of war, sabotage, civil disturbance, quarantine, government intervention, weather conditions, animals, wildlife or other unexpected occurrences).
The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to the Client, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the tour or safari.
No refunds are given for circumstances arising beyond the Company’s control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of the tour or safari.
In the unlikely event of a vehicle breakdown that is beyond the Company’s control and immediate repair, the Company will arrange to have the spare part sent to the current location in the fastest possible time. The Company reserves the right to alter the itinerary accordingly in order to make up any time lost due to any unforeseen circumstances.
The company reserves the right to cancel a tour without prior notification.
After your booking has been confirmed, should you wish to make any changes to your itinerary every effort to accommodate your requests will be made based on availability. However, there may extra costs involved to accommodate your request. These costs are in addition to the fee quoted to you for your initial safari. Normal cancellation fees apply if you wish to postpone your departure.
Insurance
It is a condition of booking, that the sole responsibility lies with the guest to ensure that they carry the correct comprehensive travel and medical insurance to cover themselves, as well as any dependents/travelling companions for the duration of their trip to Africa. This insurance should include cover in respect of, but not limited to, the following eventualities: cancellation or curtailment of the safari, emergency medical evacuation expenses, medical expenses, repatriation expenses, damage/theft/loss of personal baggage, money and goods. African Safari Experts, including their representatives, employees and agents will take no responsibility for any costs, losses incurred or suffered by the guest, or guest’s dependents or travelling companions, with regards to, but not limited to, any of the above-mentioned eventualities. Guests will be charged directly by the relevant service providers for any emergency services they may require.
Kibena Africa Safaris reserves the right to deny a client access to a tour if medical insurance is not supplied.
Liability
The Client hereby acknowledges, confirms and records that he/she understands the risk inherent in adventure travel in African destinations and associated activities. The Client is accepted onto the tour and undertakes to do the tour, travel or activity at his/her own risk. The client agrees and concedes that the Company, its representatives and employees shall not be responsible for loss or damage to possessions, or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever.
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 Kibena Africa 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 Kibena Africa Safaris at the time of your booking.
It is your responsibility to make arrangements for the provision of any medication or treatment while on tour.
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.
Claims and Complaints
In the unlikely event that the client has a complaint against the company, the Company must be informed immediately, in order that an opportunity is afforded to the company to investigate the situation and provide redress. If the client has any further complaints, these must be lodged in writing to the Company within 1 week of the tour end date. If these procedures are not followed, the Company will not start or continue any such investigation of said complaint.
Refunds
Whilst Kibena Africa Safaris uses its best endeavors to ensure that all anticipated accommodation is available as planned, there shall be no claim of any nature whatsoever against Kibena Africa Safaris for a refund either in the whole or part, if any accommodation or excursion is unavailable and a reasonable alternative is not found. If the guest is unable to use any service provided in the itinerary, then there are no refunds due.
The Company Authority
Any decision made by the tour guide, acting as a representative of Kibena Africa Safaris, shall be deemed final on all matters. Kibena Africa Safaris shall not be responsible or liable for any client who commits an illegal or unlawful act in any country visited, or the consequences of such an illegal act. The client may in such circumstances be excluded from the tour without a refund, at the sole discretion of Kibena Africa Safaris or their representative. If Kibena Africa Safaris considers a client unsuitable for a tour (due to mental or physical illness or implied danger to any other Client or Company representative) it may at its sole discretion decline to carry the Client further. If a Client causes severe inconvenience or annoyance to other Clients, Kibena Africa Safaris may decline to carry the client further, without any refund whatsoever. This will only occur after extensive intervention by the tour guide or Company representative.
Client Responsibility
It is the Client’s sole responsibility to ensure that passports, visas, travel permits, and inoculations required for the tour, are obtained well in advance and are in order in terms of all the countries to be visited. It is the Client’s responsibility to meet any additional costs incurred either by the Client (or by the Company on the Client’s behalf) as a result of any failure by the Client to comply with such requirements. The Company may not be held liable for any failure on the part of a client to be in possession of the correct travel documentation.
The onus is on the Client concerned to fully acquaint themselves with the Terms and Conditions set herein and all matters such as visas, required documentation, payment schedules and cancellation policies.
It is the Client’s responsibility to check the latest FCO advice (foreign & commonwealth office) for the countries they will be travelling to.
Luggage Allowance
Baggage is strictly limited to one large bag, weighing a maximum of 20 kg. Also allowed will be a smaller hand-luggage bag or camera bag per Client. These restrictions are essential because of the nature of the tour. Because overloaded vehicles are inherently dangerous and cause unnecessary transport problems, potentially endangering Clients and Company representatives, the Company insists that every Client adhere to these luggage restrictions.
