Terms & Conditions
These are the Prowling Tours and Travel Africa Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them. Any person booking any trip with Prowling Tours and Travel Africa is liable under these terms and conditions governed by the laws of the Republic of Kenya. These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The Contract is with Prowling Tours and Travel Africa “the Company”. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of
liability.
1. Contract
All persons wishing to make a booking have carefully read and fully understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and persons under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a Contract between the Company and the Client comes into existence. All person(s) named on the booking are hereafter referred to as the “Client” and references to Client shall be to all those so named.
“Carrier” means the owner and/or any charterer and/or manager of the vessel or any other person, to the extent that it acts as a carrier or performing carrier (in accordance with the definition provided in the Athens Convention).
“Conditions of Carriage” means the terms on which any transport is provided by a carrier including any carriage by sea, road, rail or air. The carrier’s Conditions of Carriage are available on request and are expressly incorporated into this Contract. “Contract” means the Contract concluded between the Company and the Client relating to the relevant package, bus pass, adventure, multi-day tour, day tour or independent trip which is evidenced by the issue of the confirmation invoice sent by the Company or its sales agent to the Client. “Independent Trip” means booking anything included in the Independent and Tailor Made brochure. The service(s) to be provided is/are the tour(s) or service referred to in the booking confirmation. “Package” means safari, adventure, multi-day or day tour with or without flights and/or any accommodation of over 24 hours and transportation or other tourist services not ancillary to transport or accommodation and accounting for a significant part of the Package.
2. Booking Procedures
2.1 A booking of any of the arrangements offered in this brochure or Agents Manuals may be made by you verbally provided it is immediately confirmed in writing or by email, fax or telex (“Booking”) (provided always that for the purposes of the payment of the Deposit and/or the Price the time that the Booking shall be deemed to have been effected shall be the time that Prowling Tours and Travel Africa organised tour (“Tour”) was booked verbally and not the time that it was confirmed in writing)
2.2 A deposit of an amount requested by Prowling Tours and Travel Africa duly authorised member of staff or agent at the time of Booking shall be payable immediately upon receipt of your Booking.
2.3 The person who shall make the Booking hereby warrants that he or she is duly authorised to do so and does so on behalf of all of you.
2.4 If a Booking shall be made or brokered through a travel or booking agent (“Agent”) such Agent hereby agrees to be bound by these conditions and confirms that it makes any Booking as a fully authorized agent for and on behalf of each member of the party. To the extent that Prowling Tours and Travel Africa shall incur any loss or damage arising directly or indirectly from the Agent’s signing the Booking on behalf of each member of a Tour, the Agent shall immediately indemnify Prowling Tours and Travel Africa against any such claims, costs, demands and expenses what so ever, where so ever and when so ever made.
2.5 Each of you shall joint and severally indemnify Prowling Tours and Travel Africa against any claims, costs, demands and expenses what so ever and when so ever made by any of you who may be a minor (that is under age of eighteen years) arising out of or in connection with the Tour.
2.6 An itinerary specifying the details of your Tour, will be sent to the person making the Booking as soon as is reasonably practicable following receipt by Prowling Tours and Travel Africa of your Booking (the “itinerary”).
2.7 If Prowling Tours and Travel Africa is unable to confirm you on a tour, it will refund you your Deposit in full. However, it is possible that Prowling Tours and Travel Africa may not be able to confirm you on the precise itinerary stated by Prowling Tours and Travel Africa in the Itinerary in which event, if Prowling Tours and Travel Africa proposes (what it considers to be) a reasonably similar alternative to that requested by you prior to the Due Date (as specified below) then it will not refund you the Deposit.
2.8 All prices for tours are calculated on costs prevailing at the date of your Booking although Prowling Tours and Travel Africa reserves the rights to change such prices without notice up until the Due Date (as defined below).
3. Medical Conditions and Special Requirements
The Client must notify the Company in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the Client being refused travel. Failure to notify the Company of any such condition that may result in the cancellation of a Package will result in the complete loss of all fees paid for the package with no refunds. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy, physical or mental conditions. It is the Client’s responsibility to consult a licensed physician prior to booking. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients’ special requests including dietary requirements, but such requests do not form part of the Contract and therefore the Company is not liable for not providing or complying with these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment. Travelling with Children: Clients aged 18 at date of first travel are considered adults. An adult over the age of 18 must accompany every 2 children under the age of 18. The ratio of adults to children travelling together must be one adult per two children and two adults per four children (17 and under). The minimum age for Clients travelling on tours is 12 (for Family designated tours, the minimum age is 5). All enquiries with respect to children are subject to review and approval by the Company that reserves the right to restrict the number of travellers under the age of 18 on tours. If the adult accompanying the child is not the child’s parent or the parents are divorced, then a “Parental Consent Guardianship Form” must be signed (or other documents provided as requested by the Company) by the parent or legal guardian and received by the Company prior to departure.
4. Travel Requirements
Valid Passport: The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
Documents: To expedite the issuing of Prowling Tours and Travel Africa documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email once full payment has been received by the Company. The Company reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.
Trip Details: It is the Clients responsibility to visit the website or contact our Operations Team at least 72 hours prior to departure to ensure that the most current Trip Details are in their possession as minor changes may have been made since the tour documents were originally provided by the Company.
Visas: It is the Client’s responsibility to check Visa requirements for each country of travel according to their nationality. The Visa requirements may change at any moment without prior notice and the Company is not responsible for informing the client about this.
5. Customs, Entry and Exit regulations
Generally, personal effects such as Cameras, laptop computers and film may be imported temporarily free of duty. However, a customs bond may be required for
professional video equipment, sound recording instruments, radio communication equipment, musical instruments and souvenirs from other countries. This is to ensure that goods can be re-exported. Firearms need a special permit, which must be obtained well in advance. Excess baggage is strictly monitored by all airlines and charges for excess weight can be very high. Expect customs officials to inspect baggage on arrival and departure.
6. Currency and Payment Reference
6.1 The total cost of the Tour as specified in the Itinerary (the “Package Price”) shall be paid so as to be received in cleared funds Prowling Tours and Travel Africa not later than 14 days before the date of such Tour (the “Due Date”). Availability of the Tour is dependent upon your having paid the Price in accordance with this condition.
6.2 In the event that the Price shall not have been received by the Due Date, Prowling Tours and Travel Africa reserves the right to cancel the Tour or as a
condition of providing the Tour to recost the Itinerary (including imposing a surcharge in respect of our additional costs).
6.3 Provided that the Price shall have been paid by the Due Date Prowling Tours and Travel Africa shall be bound unconditionally to the Price quoted from that time unless the Price shall be affected by any factor beyond the control of Prowling Tours and Travel Africa which frustrates this Agreement in which case Prowling Tours and Travel Africa reserves the right to adjust the Price accordingly.
6.4 All prices are quoted in US$ Dollars for international clients and KES(Kenya Shillings) for local clients. We prefer payments by Wire Transfers through the bank, which are subject to bank charges at the prevailing/current rate.
6.5 Bank transfers – All bank charges to be borne at your end.
7. Cancellation/Alterations
7.1 If you wish to cancel or alter your Booking you must do so in writing in which event the following fees or percentages will be charged, calculated with reference to the date of receipt of notification in writing, or fax or telex by Prowling Tours and Travel Africa. If such Booking shall be cancelled or (in the opinion of Prowling Tours and Travel ) be altered materially by you Prowling Tours and Travel Africa reserves the right to charge the following cancellation fees:
7.1.1 Within the period of 60 to 46 days of the date of the commencement of the Tour, a fee of 10% of the total land arrangements;
7.1.2 Within the period of 45 to 31 days of the date of commencement of the Tour, a fee of 25% of the total land arrangements;
7.1.3 Within the period of 30 to 15 days of the date of commencement of the Tour, a fee of 50% of total land arrangements;
7.1.4 Within the period of 14 days up to the date of commencement of the Tour, a fee of 100% of the Price.
7.1.5 Within the period of 14 days up to the date of commencement of the Tour, a fee of 100% of the Price.
7.2 In respect of the balance of the Deposit and other payments on account not retained by PITA pursuant to the preceding two sub-clauses, PITA will refund such amount to you less:
7.2.1 Any charges that have been made for reservations which have already been contacted, any cancellation fees imposed by hotels, lodges or transporters and for any other expenses which Prowling Tours and Travel Africa may have incurred.
7.4 In relation to any request by you to alter your Tour after it has commenced, whilst Prowling Tours and Travel Africa will use its reasonable endeavours to implement such request, you will be liable for any cancellation or additional Charges that may be levied for the Tour originally booked.
7.5 Prowling Tours and Travel Africa reserves the right at anytime and without incurring any liability whatsoever or howsoever to make changes to your Tour
arrangements (including flights, accommodation, transport or services), to offer substitute facilities (in Prowling Tours and Travel Africa’s view) of equal value and reputation, or to cancel any scheduled tour. Prowling Tours and Travel Africa shall cancel the Tour it shall make a full refund except in respect of any cancellation caused by war or threat of war, insurrection, riots, strikes, civil actions, decisions by governments or governing authority, natural disaster, bad weather, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers or other similar circumstances beyond Prowling Tours and Travel Africa’s control.
8. Security
Visitors to the region should take the same care as they would normally take, whilst visiting any destination worldwide. By keeping vigilant, visitors can reduce the risk of anything-untoward happening. We do advise our clients not to take expensive jewellery on holiday with them and to watch handbags, wallets and cameras when walking in crowed places. Walking at night in unlit areas is not advisable. We strongly recommend that all our visitors utilize safety deposit boxes when and where they are available, for own peace of mind.
9. Privacy Policy
Prowling Tours and Travel Africa recognize that many of our travelers may wish to take their safari or enjoy their beach resort in an atmosphere of complete privacy and anonymity. If you require special privacy arrangements, please advise us well in advance. We do assure you that the appropriate privacy protection will be put in place to protect your personal information.
10. Validity
The prices in this website and brochure are based on rates and costs in effect at the
time of posting to the website or printing the brochure. The Company reserves the
right to alter prices at any time prior to tour been paid in full. All dates, itineraries
and prices are indicative only.
11. Flexibility
Prowling Tours and Travel Africa may alter its timetable(s), inclusive of those impacted by other Operators’ products and relating to all services provided for in this ticket without notice. The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each trip is merely representative of the types of activities contemplated, and Pita Safaris is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, high season, climate and other unpredictable or unforeseeable circumstances.
12. Airfare
All tours do not include international airfare or any other flights unless mentioned in the inclusions. The company will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by the Company. Price changes: Until the tickets are issued, the Company reserves the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other reasonable cause. Full payment: Full payment must be received by the Company to guarantee the reservation at quoted price. A guarantee of payment by the Client is an acceptance of the travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Client subsequently decides to cancel after ticket has been issued.
Changes & cancellations: Unless otherwise stated, airline tickets are 100% nonchangeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at the Companies discretion, and will also have Administrative Fees applied. Flight re-confirmation: The Company strongly recommends flight times and numbers be verified or re-confirmed at least 72 hours prior to departure. The Company is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Airline tickets: Once issued, all airline tickets are non-transferable and valid only for the dates and routing shown. If an airline ticket is lost, the client is responsible for the full cost of a new ticket and any changes that may occur in replacement. Airline, airport or weather delays: The Company will not be held responsible for any additional expenses or loss that may arise from airline, airport or weather delays. The Company will not reimburse for any additional expenses incurred by the Client as a result. The company will not refund any unused portion of air tickets purchased in the event of such delays due to conditions beyond its control.
13. Acceptance of Risk
The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording: “I understand travelling with Prowling Tours and Travel Africa may involve risks (and rewards) above and beyond those encountered on a conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the PROWLING SAFARIS dossier/brief for this trip I am undertaking and have provided details of any preexisting medical conditions I may have to Prowling Tours and Travel Africa representatives. I accept these risks and obligations and I fully assume the risks of travel.
14. Accomodation
Without any acceptance of liability for failure to do so, Prowling Tours and Travel Africa shall endeavour to book rooms for you with private baths on the basis of two persons sharing a double room. Single rooms shall be available at a supplementary price.
15. Transportation and Guides
15.1 Prowling Tours and Travel Africa shall provide such aircraft, safari minibuses, safari cruisers, cars, four-wheel drive vehicles or coaches as it considers necessary to transport you, based on considerations such as the route to be taken, the condition of the roads and the number of clients on the proposed journey.
15.2 Prowling Tours and Travel Africa reserves the right to employ the services of subcontractors to effect your transportation.
15.3 Prowling Tours and Travel Africa shall provide the services of a driver-guide.
16. Authority on Tour
At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well-being of the tour. By booking with the Company, the Client agrees to abide by the authority of the tour leader or Company representative. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise Prowling Tours and Travel Africa at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others the Company may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
17. Factors outside the company's control (Force Majeure)
“Force Majeure” means, in relation to the company, any circumstances beyond the control of the company (including and without limitation, acts of God, explosions, floods, tempests, fires, accidents, war or threat of war, sabotage, insurrection, civil disturbance or requisition, sickness, quarantine, government intervention, weather conditions or other outwards occurrences)
The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company’s failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, how so ever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee.
If the company is affected by force majeure it shall forthwith notify you of the nature and extent thereof. The company shall not be deemed to be in breach of these items and conditions or otherwise be liable to you, 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 at its sole and absolute discretion, vary or cancel any reservations or cancel any reservation or arrangement in relation to the visits. Payment of any refund by the company to you as result of the non-performance of any company shall use its reasonable endeavors to reimburse you where possible. However, the company shall be entitled to deduct from any refund recoverable to the reasonable actual and potential costs to the company of the force majeure.
18. Prowling Tours and Travel right of refusal
18.1 Prowling Tours and Travel Africa reserves the right to:
18.1.1 refuse any Booking from persons whom it considers unsuitable for the type of travel to be undertaken
19. Your Responsibilities
19.1 You shall ensure that you have obtained adequate insurance cover against personal accident, medical expenses and loss of your baggage
19.2 You shall ensure that all your travel documents, full passports, visas, vaccination certificates, currency and travelers’ cheques are in order and that the name that appears on your airline ticket (if relevant) shall be the name that appears on your passport, and that you reconfirm all your international flight departures at least 72 hours prior to departure, unless Prowling Tours and Travel Africa shall have agreed by prior arrangement to reconfirm on your behalf.
19.3 You shall be responsible for informing Prowling Tours and Travel Africa when the Booking is made of any requests for special diets or facilities for the disabled or for any other special needs.
19.4 You shall inform Prowling Tours and Travel Africa when you make the Booking of any medical condition or disability, which may materially affect your ability to enjoy or suitability for the Tour.
20. Unused Services
There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.
21. Illegal Substances
Prowling Tours and Travel Africa Safaris does not allow Clients to carry any type of illegal drug on any of our trips. If the federal police checks and finds illegal drugs in a Client’s bag or on his/her person, Prowling Tours and Travel Africa will not be held liable. The Client will be held liable and assume full responsibility for the consequences of carrying illegal drugs in a foreign country.
22. Discounts and Promotions
All discounts and reduced pricing are applied at the Company’s discretion.
23. Optional Extras
Optional extras do not form part of the tour or contract. It is understood and accepted by the Client that any assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Amongst others, optional extras include rafting, horseback riding, sightseeing flights and other extras that are not included in the tour price.
24. Severability
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
25. Updating of Terms and Conditions
The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is the Clients responsibility to be familiar with them. The latest terms and conditions may be found on the Company website www.prowlingtoursandtravel.co.ke
26. Jurisdiction
All matters concerning these conditions shall be subject to the laws of the Republic of Kenya. You submit to the exclusive jurisdiction of the courts of Kenya which shall be the sole forum for the hearing of any claims other than those which shall be referred to arbitration.
27. Arbitration
A dispute or difference between us relating to the validity, construction or performance of this agreement shall be referred to an Arbitrator to be appointed (in default of agreement between us) within 21 days of notification of such dispute by one of us to the other by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch, upon the application of either of us. Such arbitration shall be at a venue in Nairobi in accordance with the Arbitration Act (Cap.49).
Feedback
Our business is only successful if our travelers are satisfied. We genuinely want your open, honest feedback, as this enables us to review our performance and procedures and to improve our service. While we appreciate that in the modern world everyone is asking for your opinion, for many of our travelers a safari will be a ‘once-in-alifetime’ experience and we are determined that it will be as good as it can be. Your feedback will help us to improve our service and achieve that goal. A form is attached here for your completion: thank you very much for your time in completing and returning it to [email protected]