General Information and Booking Conditions
In these Terms & Conditions, the ‘Company’ shall mean Home And Away Destinations Limited; a company registered according to the company laws of the Republic of Kenya. The ‘Client’ shall mean the person who has signed a booking form as the Lead Booking Name and each person named in the booking form. The ‘Agent’ shall mean the company, who has signed an Agent’s Contract and is booking on behalf of a Client to travel with Home And Away Destinations Limited..
Contract
There shall be no binding contract between the Company and the Client until the 50% deposit has been paid or as discussed in writing between the company and the client.
Payments
A deposit of 50% from each client is required upon submission of booking form to reserve a booking or 100% to confirm a booking, unless otherwise agreed in by the company and the client.
The full amount due by the client to the company shall be payable not less than 30 days prior to the date of arrival/start of services. No client will be permitted to commence any itinerary without payment in full being received by the company. If the full amount is not received, the company shall be entitled in its discretion to treat the reservation as cancelled, and consequently to forfeit such part of the advance payment as determined solely by the company.
The company accepts payment by Credit Card (Visa Cards, Master Cards, American Express). The client will pay an additional 4% of the total amount being processing fee for the same.
Cancellations
Any cancellation of a booking by a client, must be in writing (email is acceptable) and shall only be effective upon its acknowledged receipt by the company. The date on which the company receives the correspondence will determine the cancellation charge, if any.
Cancellation charges will be incurred as follows:
Special cancellation fees may apply for 3rd party bookings
Changes and Alterations of the Tour
“Force Majeure” means, in relation to the company, any circumstances beyond the reasonable control of the company (including, but not limited to, acts of God, explosion, flood, fire, war or threat of war, sabotage, civil disturbance, quarantine, government intervention, weather conditions 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 or send a rescue vehicle. The company reserves the right to alter the itinerary accordingly in order to make up any time lost due to any unforeseen circumstances or cancel the tour and make a refund to the client where possible.
Travel Insurance
Travel insurance is mandatory for every client. All insurance is solely the responsibility of the client. Before a client commences a tour, he/she should arrange his/her own insurance with protection for the full duration of the travel, to cover including but not limited to, personal injury, damage and loss of personal items including but not limited to camera equipment and other electronic equipment, medical expenses, repatriation expenses and loss of luggage. If a client falls ill, all hospital expenses, medical expenses, doctor’s fees and repatriation costs are the client’s responsibility and the company shall not be liable for any refund of the tour rate whatsoever unless caused by the company’s negligence. In the case of an emergency we will ensure that the client is evacuated.
Liability
The client hereby acknowledges and confirms that he/she understands the risk inherent in adventure travel in African destinations and associated activities. 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, unless directly caused by the company’s negligence.
Health and Age Restrictions
The client acknowledges that the proposed itinerary contains some elements of adventure and shall confirm that he or she is medically fit, in good physical and mental health and is able to embark on the tour. Any client with a pre-existing medical condition or illness should declare the true nature of such a condition to the company before the commencement of the tour so that the company can make the necessary arrangements and pre-cautions
Claims and Complaints
In the unlikely event that the client has a complaint against the company, the company must be informed immediately so that the company may provide a possible solution. Both parties should try to resolve, through friendly consultation, their disputes, if any in the execution of the contract. If no solution is found through consultation, both parties agree to submit their disputes to the relevant government authorities in Kenya for coordinated settlement in accordance with the law of Kenya.
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.