General
The conditions set out below apply to
each and every safari/tour. Reference or
mention of the 'operator' means
Welcome to Magical Kenya. The
transport, meals, entrance fees,
accommodation or other facilities or
services which are to be supplied in
respect of any safari or tour are those
specifically stated on the web site , in
the tour brochure or tour/safari
itinerary.
Deposit
A 30 % deposit is required upon booking
a safari or tour and the balance is
payable no later than 45 days prior to
the departure of the safari, tour. In
the event of a booking less than 45 days
prior to the start of the tour/safari,
payment in full is to be made upon
booking the safari or tour.
Cancellation
If the reservation is cancelled,
cancellation fees will be due and
payable according to the following:
More than 45 days prior to arrival full
refund
30 to 45 days prior to arrival 80%
refund of total tour/safari price
15 to 30 days prior to arrival 50%
refund of total tour/safari price
Less than 15 days prior to arrival no
refund
Travel Arrangements
All travel arrangements, such as flight
bookings, reservation of hotel
accommodation, reservation of motor
transport, etc. made by the operator are
subject to the booking conditions and
cancellation provisions of the supplier
of the services, transport and
accommodation, etc.
Alteration of Routes and Substitution
of accommodation
The Operator takes every care to ensure
that itineraries are followed through to
the letter but unforeseen circumstances
may necessitate changes. The operator
accepts no liability due to the
alteration of routes or substitution of
properties. Where properties are
substituted , they will be substituted
for equal.
Liability
The operator shall not be liable for any
damage, losses and expenses suffered by
any client as a result of sickness,
quarantine, weather conditions, war,
strikes, riots or any other cause
outside the operators control. The
operator shall in no circumstances be
deemed to be the agent of the passenger
or of the supplier of any service.
The operator accepts no liability in
respect of death, injury, loss or damage
to person or property arising out of any
act, omission or negligence of the
operator, the supplier, the operator's
or supplier's servants, save only in the
case of willful negligence or a willful
act or omission. The client shall be
deemed to have waived, renounced and
abandoned any and all right or
entitlement which the client may be
entitled to under the provisions of the
law of the Republic of Kenya for any
loss or damage to person or property.
The operator shall not be liable for any
loss or expense arising from the loss of
property, cancellation or curtailment of
the tour however caused, save only to
the extent that such loss of baggage,
cancellation or curtailment was caused
by the operator's negligence. If
sickness or accident interrupts a tour,
the operator shall not be liable for any
cost or expense arising there from, save
only to the extent that such sickness or
accident was caused by the operator's
willful act or gross negligence. The
operator shall not be liable for any
refund, either total or partial, of
passage money paid. The operator
recommends passengers to take out
necessary insurance's to protect the
passengers against such eventuality.
Passenger Responsibility
Passengers may not carry any unlawful
articles or substances whilst traveling
in Kenya. If any passenger offends
against the prohibitions set out herein,
the operator will be entitled to
immediately exclude from the tour the
offender who will be responsible for his
or her own repatriation and all costs
thereof. The operator will under no
circumstances assist any such offender
in any dealings or negotiations with any
authority.
Jurisdiction
In all matters where it is or may be
necessary to have recourse to the Court,
the Courts of the Republic of Kenya
shall have sole jurisdiction to the
exclusion of the Courts of any other
country and the prevailing law of the
Republic of Kenya shall prevail.