Safari Terms and Conditions

IMPORTANT TO NOTE

Please read the following booking conditions

1. Your Contract

    Your contract is with Nature Surf Africa Safaris Ltd, a Company registered with the Ministry of Tourism and Wildlife Kenya, located in Nairobi at Parklands Mogotio Road Royal offices suite number 39, herein called “The Company” or “We”. When you make a booking you confirm that you have the authority to accept and do accept the terms and conditions set out below. Nature Surf Africa Safaris presume that you are of sufficient legal age to use the website and engage in binding legal obligations. Please read these conditions carefully as you will be bound by them.
    Most of our safaris are package holidays. If you book a package holiday through us, once your package holiday has been confirmed we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the Package Travel, Package Holidays and package Tours Regulations 1992.
    A package holiday is a combination of at least two elements out of (a) transport, (b) accomodation or (c) other tourist services (not ancillary to any transport or accommodation and forming a significant part of the arrangements) where booked through us at the same time, for which payment is made to us and which last at least 24 hours or include overnight accommodation.
    Your contract with Nature Surf Africa is governed by Kenyan law and you agree to submit to the jurisdiction of the Kenyan courts.

2. Prices and payment

    To make a booking you need to send a completed booking request detailing your intended safari or simply walk in to our offices and have our expert tour organizers attend to you. Your contract with us will only come into being once we confirm your booking by sending you a confirmation voucher. All payments to be made should be cleared at least two weeks before the commencement date for your safari.
    The trip cost includes transport by a fully equipped van, land Cruiser or truck or as requested by the traveler as per the itinerary for that trip including the use of all safari equipment, all applicable tolls and taxes on safari, vehicle permits and insurances, passenger liability insurance and the services of staff
    Whilst we reserve the right to change our prices at any time before you book, we will advise our clients at every stage of the safari arrangements if any changes arise.
    We reserve the right to pass on any price increases for optional excursions to the clients.

3. Confirmation invoice

    On receipt of your booking and all appropriate payments, we will, subject to availability, confirm your arrangements by issuing a confirmation invoice. Check this invoice carefully the very minute you receive it. Contact us immediately if any information in the confirmation voucher or other documents is incorrect or incomplete as it may not be possible to make alterations later. Where we act only as agents, we will bear no responsibility for any errors in any documentation except where those errors were made by ourselves.

4. Financial Protection

    For all package bookings, you are protected in that our insurers will ensure that you are fully reimbursed any money you have paid to us for an advance booking in the unlikely event of our insolvency

5. Website and brochure accuracy

    So much effort has been put into ensuring that the information on the website is as accurate as possible. However, though least expected, errors and omissions do occur. We cannot accept liability for errors. Prices and details of products are subject to change without prior notice and all products, services and offers are subject to availability.

6. Insurance

    It’s a requirement for every passenger to have travel insurance during the entire period that they’ll be on safari. Your insurance must adequately cover for any adventure sports you might engage in, medical expenses and the cost of repartriation to your home destination should you become too ill to continue including helicopter rescue and air ambulance. The company accepts no responsibility for the loss, or damage to, personal property or valuables. Insurance to cover the loss of baggage and valuables is also highly recommended. We reserve the right to request details of your insurance policy (policy number and insurer)

7. Fitness and special requests

    We reserve the right to request clients to produce a Doctor’s certificate of fitness to participate in certain adventure activities, for example, Mountain climbing, that may pose a health risk to the participant. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the safari, kindly advise of this at the time of booking. If we reasonably think that we are unable to accommodate the needs of any client who has particular health requirements, we reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details and apply cancellation charges.

    Special requests must be made at the time of booking. We will pass on your request to the relevant service provider and get you a feedback on the same but cannot guarantee that it will be provided.

8. Acceptance of risk

    Your booking is accepted on the understanding that you realize the hazards involved in our kind of safaris, particularly in consideration of the countries visited including injury, disease, loss or damage to property, inconvenience and discomfort and matters rising out of Force Majeure (See below). Lack of road markings, warning signs, unmarked speed bumps, seasonal flooding of some of the roads and bridges etc to be used are factors beyond the Company’s control.

9. Booking cancellations

Hotel Bookings & Tours Cancellation Policies

    Any monies paid will be refunded on early cancellation, less the cost of cancellation fees levied by hotels or lodges
    Rates are subject to change and availability with or without prior notice
    Bookings canceled or reduced in length of stay or reduced in number of occupancy are subject to cancellation and no show fees as follows:
        Between 30 and 16 days prior to arrival - 35%
        Between 15 and 8 days - 50%
        Between 7 and 0 days (No show) - 100% of the total cost.
        For Tanzania safaris, Uganda and South African Safaris, the scale will be as follows:
            Between 45 and 35 days prior to arrival - 35%
            Between 34 and 15 days - 50%
            Between 14 and 24hrs - 100% of the total cost.
            In all cases, notification of cancellation is to be put in writing to Nature Surf Africa Safaris.
            The above cancellation fees may be higher depending on the property booked.

10. Force majeure

    We will not take liability or pay any compensation where the performance or prompt performance of our contractual obligation is prevented or otherwise, or you otherwise suffer any loss or damage due to circumstances that come under the definition of “force majeure”. In these booking conditions “force majeure” means any event that we or the supplier of the services in question could not foresee or avoid even with all due care. Such events include but are not limited to war, the threat of war, insurrection, riots, strikes, civil action decisions by governments and governing authorities, natural disaster, bad weather, technical or maintenance problems with the transport, criminal and terrorist acts or similar circumstances beyond our control.

11. In case of a complaint

    If you have any problem during your safari it is your responsibility to ensure, at the earliest possible opportunity, that any perceived failure in the performance or improper performance of the contract whether by the company or its suppliers is communicated to the Safari leader or supplier so that the concerned can be addressed. Failure to do so may affect our ability to investigate the matter complained of, and your rights under the contract. If the service provider or Safari leader doesn’t respond adequately to your complaint please don’t hesitate to write to us within 28 days of the safari completion date.

12. Our liability to you

    Non-package bookings: We are only liable for making a responsible choice of supplier or subcontractor to carry out the services provided to you. However, in the event that we are found liable on any basis whatsoever our maximum liability to you is limited to twice the cost of the booking in question. We do not limit any liability we may have for personal injury which arises as a result of our negligence.

    No employee, agent, or authorized representative of the Company has authority to commit the Company to any liability whatsoever and we will not be bound by any statement or representatives unless it is in writing and signed by the Director.
    Package bookings. For package bookings we accept responsibility for the full and proper performance of your safari as described on our website or as you have agreed with our tour consultants. If any part of your safari is not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your safari. Subject to terms referred in this section, our liability in all cases shall be limited to a maximum of twice the cost of the safari.
        We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors whilst acting within the scope of or in the course of their employment in the provision of your safari. We will, however, not take responsibility for injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part or that of our suppliers in performing our obligations under the contract.
        We will not be responsible for any claim as a result of the following;-
        The fault of the person(s) affected or any member(s) of their party or
        The fault of a third party not connected with the provision of your safari which we could not have predicted or prevented or
        The fault of anyone who is not carrying out work for us (generally or in particular) at the time or
        An event or circumstance that we or the supplier(s) of the service in question could not have predicted or prevented. This may include (but is not limited to) an occurrence of force majeure as described in these booking conditions
        In respect of claims for death and personal injury we will not be liable for any loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage

13. Behaviour

    For group expeditions the decision of the Safari leader will be final in all matters relating to the organization, progress, safety, and well being of the expedition, and the client understands that they must abide by the Safari Leader’s authority and comply with all reasonable requests of the Safari Leader. A booking is accepted on the strict understanding that the client undertakes to comply with the laws, custom, foreign exchange, drug and all other regulations of all countries visited on safari, as well as all hygiene, safety and security rules as outlined by the safari Leader in regards to day to day life of the group on the expedition vehicle. Be aware that in the event that a client is found violating such rules or regulations or prejudicing the safety or well being of the group or progress of the trip, we may terminate your trip with us without any liability on our part.

14. Passports, Visas and Health

    It is your responsibility to be in possession of a valid passport and any necessary visas or health documents. Requirements may change and you must check the up-to-date position in good time before departure. The name in the passport must match the name on your ticket where provided. It is recommended that your passport is valid for 6 months beyond your planned return date.

    Any information or advice provided by the company on matters such as visas, medications, vaccinations, climate, clothing, baggage, special equipment, permits, specific itinerary details etc, is given in good faith to the best of our knowledge at the time, but without responsibility on the part of the Company as to individual requirements for specific trips. The passenger accepts responsibility for obtaining any necessary visas and travel documents including a valid passport as required for the entire duration of the safari.

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Nature Surf Africa Safaris
Physical Address:
3rd Floor, Antipest House, Wilson Airport

 +254 020 2351554
  +254 718 925331
             +254 739 960790
Email: reservations@naturesurfafrica.com
         sales@naturesurfafrica.com