Sarova Whitesands Beach Resort and Spa Review

PRIMETIME SAFARIS TERMS AND CONDITIONS

APPLICATION

The terms and conditions contained in this document shall apply to the tour booking concluded between primetime safaris, here in after referred to as ‘the Company’  and the client in respect of the tour, as more fully described in the tour itinerary  provided to the client on confirmation of the booking.

By contracting with the company  you will be accepting these booking conditions on behalf of yourself, agent  and all other persons using our services pursuant to a booking made by you.

APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be deemed to have been concluded in Nairobi, Kenya  and shall be interpreted according to the laws of the Kenya.  Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.

BOOKINGS

The Company reserves the right not to confirm the booking until the full amount set out in the invoice received by client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.

Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.

TOUR PRICE, DEPOSIT AND PAYMENT

The tour price includes only those services/items that are included as per the itinerary, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third party service provider or to the Company for settlement with a third party service provider.

A non-refundable 30% deposit is required to secure a booking in respect of the tour. This non-refundable deposit shall be set off against the tour price.

The full tour price must be paid by not later than 28 days prior to the departure date for the tour, failing which the Company reserves the right to deem the booking as having been cancelled, and to levy the cancellation penalties set out in these terms and conditions.

In the event that the client makes a booking within 28 days of the date of departure of the tour, he or she shall, in order to secure the booking, be required to pay the full tour price upfront.

We accept Payments via master, visa  credit/debit cards, pay pal, bank transfers and cash payments. In all cases the costs associated with the mode of payment shall be borne by the client and the company  shall only take into account the nett amount received.

CANCELLATIONS

Where the booking is cancelled at any time up to 29 days prior to the date of departure of the tour for any reason, the client shall forfeit the non-refundable deposit.

Where the booking is cancelled less than 29 days prior to the date of departure of the tour for any reason, the client shall be liable to pay the following penalties to the Company –

  •  cancellation between 28-15 days prior to the date of departure, a cancellation penalty equal to 50% of the tour price;
  •  cancellation between 14-7 days prior to the date of departure, a cancellation penalty equal to 75% of the tour price;
  • cancellation less than 7 days prior to the date of departure or “no shows”, a cancellation penalty of 100% of the tour price.

The Company shall be entitled to apply any portion of the non-refundable deposit paid by the client toward any cancellation penalty payable in terms hereof.

The Company reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, the Company shall refund the tour price (which includes the non-refundable deposit) to the client. It is recorded that refund of the tour price as aforesaid shall be the Company’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the tour.

AMENDMENTS TO BOOKINGS

Where the client wishes to make alterations such amendments is subject to -

The Company being able to accommodate the said alterations;

payment by the client of an administrative fee and

the change being made by not later than 28 days prior departure date of the original tour, failing which the cancellation penalties set out in these terms and conditions shall apply.

PASSPORTS, VISAS AND OTHER TRAVEL PAPERS

It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.

The Company shall not be held liable for any consequences, damages or claims if the client prior does not correctly attend to the client’s documentation and related matters as contemplated herein.

INSURANCE.

The client acknowledges that the travel insurance must include comprehensive medical insurance including provision for air evacuation, and that the Company shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.

BAGGAGE

The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and the Company shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.

The client shall be entitled to one soft bag, and not a suitcase that weighs not more than 20 kilograms, and a daypack.

MARKETING

The Company reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client hereby consents to such use.

The client further agrees that the Company shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to the Company.

FORCE MAJEURE

Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.

INDEMNIFICATION AND EXCLUSION OF LIABILITY

The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising ( including, but not limited :

the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour, and the client irrevocably and forever releases and discharges the Company and its respective directors, officers, employees, representatives and agents from any and all such liability.

The client furthermore indemnifies and holds the Company and its respective directors, offices, employees, representatives and agents harmless from and against any land all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.

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