Terms and Conditions

1. Definitions

In these terms and conditions, several key definitions are used to clarify the roles and expectations of both parties. The Client refers to the individual or group who makes the reservation for a safari or tour. This could be one person or several individuals traveling together under one booking. The Tour Operator (Explorers Wild Adventures) is the company or individual responsible for organizing and delivering the safari or tour experience. They manage all the logistics, such as accommodations, activities, and transportation, ensuring the tour is executed as per the agreed itinerary.

The Safari/Tour refers to the entire travel package that the client has booked. It includes various elements like transport, accommodations, meals, and guided activities. A Booking is the formal process by which the client reserves their place on the safari or tour, usually involving a financial deposit and a written confirmation from Explorers Wild Adventures. This confirms the client’s intent to participate and the operator’s commitment to provide the specified services.

2. Booking and Payments

The Booking process is only considered complete once Explorers Wild Adventures has received a deposit, generally between 30-50% of the total tour cost, and has provided written confirmation to the client. This deposit serves as a guarantee of the client’s participation and secures their place on the safari. The remaining Balance Payment must typically be paid 30 to 60 days before the safari’s start date. Failure to pay the balance on time may lead to the cancellation of the booking, with the deposit being non-refundable.

Late Payments can have serious consequences, including the loss of the client’s reservation without any refund. To avoid this, clients should ensure timely payments. Payment Methods accepted by Explorers Wild Adventures may include bank transfers, credit/debit cards, or mobile money platforms such as M-Pesa. Clients must be aware that they are responsible for covering any additional transaction fees related to these payments, and delays in processing these fees could also affect the confirmation of their booking.

3. Cancellations and Refunds

If the Client needs to cancel the safari, a sliding scale of cancellation fees applies based on how close the cancellation is to the departure date. Cancellations made more than 60 days in advance will receive a full refund minus the deposit. Cancellations between 30 and 59 days will result in a 50% refund, while Cancellations made less than 30 days before the safari will result in no refund. This is designed to cover the Explorers Wild Adventures costs already incurred in organizing the tour.

If Explorers Wild Adventures cancels the safari, often due to force majeure events like political unrest or natural disasters, Explorers Wild Adventures will offer the client an option to reschedule or provide a full refund of any payments made. Refunds may take 7-14 business days to process and will be subject to applicable transaction fees. This system ensures both parties are protected from unforeseen events that could disrupt the tour.

4. Changes to the Itinerary

Sometimes, clients may request changes to the itinerary after booking. Client-Initiated Changes must be made in writing and are subject to Explorers Wild Adventures approval. Depending on availability and the nature of the request, additional costs may be incurred for making these modifications. Explorers Wild Adventures is not obligated to accommodate every request but will attempt to honor changes if possible.

On the other hand, Explorers Wild Adventures-Initiated Changes may occur due to unforeseen circumstances, such as Accommodation availabilities, bad weather, park closures, or safety concerns. In these cases, Explorers Wild Adventures reserves the right to alter the itinerary to ensure the safety and satisfaction of the group. Clients will be notified as soon as possible, and alternative arrangements will be made. These adjustments are meant to maintain the overall quality of the experience while minimizing disruptions.

5. Travel Insurance

All clients are required to obtain Comprehensive Travel Insurance before embarking on their safari. This insurance must cover medical expenses, accidents, cancellations, lost or damaged baggage, and any other unforeseen events that could arise during the tour. Explorers Wild Adventures is not liable for any losses or damages that could have been covered by an appropriate insurance policy, making it essential for clients to secure this protection well in advance of their departure.

Proof of Insurance may be requested by Explorers Wild Adventures before the start of the tour. In the event of a claim, clients will need to provide the necessary documentation to their insurance provider, not the operator, as the latter assumes no responsibility for financial losses that occur during the safari. Failure to secure adequate insurance could result in personal financial liability in the case of accidents, illness, or other mishaps.

6. Health and Safety

Vaccinations and Health Precautions are critical for travel in Kenya. Clients must ensure they have received all necessary vaccinations, such as yellow fever, and should consult with their healthcare provider about other precautions like taking anti-malarial medications. The responsibility for these health measures lies entirely with the client, as Explorers Wild Adventures is not liable for health issues that arise during or after the safari.

Personal safety is another important concern, especially while on safari in wildlife areas. Clients are expected to adhere strictly to the Safety Guidelines provided by their guide, especially when near wild animals. Failure to follow these instructions could result in serious injury or damage, and Explorers Wild Adventures is not liable for accidents or losses caused by the client’s disregard for safety measures. This ensures that both health and safety remain a top priority throughout the tour.

7. Visas and Travel Documents

The responsibility of obtaining the correct Visas and Travel Documents lies with the client. Clients should ensure they have valid passports and appropriate visas for travel to Kenya, as well as any other necessary documentation. Explorers Wild Adventures is not responsible for delays, cancellations, or other complications that arise from invalid or missing travel documents.

In addition, clients are expected to familiarize themselves with the Visa Regulations for Kenya, including any entry requirements such as e-visas or health certifications. It is the client’s responsibility to ensure compliance with all immigration requirements before traveling. Failure to do so may result in denied entry, and Explorers Wild Adventures cannot be held responsible for any losses related to such issues.

8. Liability and Limitations

Explorers Wild Adventures takes reasonable care to ensure that all services provided meet the expectations outlined in the booking agreement. However, Explorers Wild Adventures cannot be held liable for events beyond their control, such as delays, cancellations, or changes caused by unforeseen circumstances like natural disasters, political unrest, or weather disruptions. Clients are encouraged to understand that the nature of travel, particularly safaris, involves some level of unpredictability.

On the other hand, Client Liability is also important. Clients are expected to act responsibly during the tour, respecting the environment, property, and other individuals. Should any damage occur due to a client’s negligence or misconduct, the client will be held financially responsible. Explorers Wild Adventures is also not liable for the services provided by third-party suppliers, such as airlines or hotels, emphasizing the need for clients to remain aware of their personal responsibilities throughout the tour.

9. Accommodation and Meals

The Accommodation provided during the safari will be as outlined in the tour itinerary. Explorers Wild Adventures will book lodges, camps, or hotels as per the agreed terms. However, Explorers Wild Adventures is not liable for any changes or disruptions made by third-party accommodation providers. If changes to the lodging arrangements become necessary, the operator will communicate these promptly and make alternative bookings where possible.

Regarding Meals, the specifics of meal plans (e.g., full-board or half-board) will be clearly indicated in the itinerary. Clients with special dietary requirements should inform Explorers Wild Adventures in advance, though the availability of specific meals is not guaranteed. Explorers Wild Adventures will make reasonable efforts to accommodate these requests, but clients should understand the limitations that may arise, especially in remote areas.

10. Transportation

Explorers Wild Adventures provides Vehicles suitable for the safari experience, often including 4×4 vehicles, minibuses, or vans. In the event of a mechanical failure or other issues with transportation, Explorers Wild Adventures will arrange for an alternative vehicle to ensure the continuity of the tour. However, unforeseen delays due to transportation issues may occur, and clients should remain flexible and patient.

A qualified Driver/Guide will accompany clients throughout the safari. The guide’s decisions, especially concerning safety and wildlife interactions, must be respected at all times. Explorers Wild Adventures assumes no responsibility for incidents that arise due to the client’s failure to follow the guide’s instructions. Additionally, clients should take care of their Baggage, as Explorers Wild Adventures is not liable for loss or damage to personal items, underscoring the importance of travel insurance for such incidents.

11. Wildlife Viewing and Risks

While Explorers Wild Adventures will make every effort to provide excellent Wildlife Viewing experiences, sightings are never guaranteed. Animals in national parks and reserves roam freely, and their movements can be unpredictable. Although guides are skilled in finding wildlife, clients should understand that nature does not follow a set schedule, and patience may be required during the tour.

There are inherent Risks associated with wildlife safaris, including potential dangers when in close proximity to wild animals. Clients must always follow the safety instructions given by their guide and should avoid any behavior that could provoke or endanger the wildlife. Explorers Wild Adventures is not liable for accidents, injuries, or damages that result from a failure to adhere to these safety guidelines, reinforcing the need for caution in wild areas.

12. Complaints

During the safari, if any issues arise, clients are encouraged to raise their Complaints immediately with Explorers Wild Adventures. Addressing concerns promptly allows the operator to take quick action to resolve the matter, ensuring that the client’s experience remains enjoyable and meets expectations. Whether it’s about the service, accommodations, or itinerary, direct communication during the tour helps prevent small issues from escalating and enables Explorers Wild Adventures to make necessary adjustments.

For complaints that occur or are noticed after the safari, clients have the option to file Post-Safari Complaints. These must be submitted in writing within 14 days of the tour’s conclusion. Explorers Wild Adventures will review these complaints thoroughly and respond within a reasonable timeframe, considering all factors involved. This process provides clients with a formal channel to address unresolved issues, ensuring transparency and accountability even after the trip has ended.

13. Force Majeure

In cases where unforeseen events beyond the control of Explorers Wild Adventures occur, such as natural disasters, political unrest, pandemics, or extreme weather conditions, the company cannot be held responsible for any delays, changes, or cancellations that arise as a result. These events, known as “force majeure” circumstances, are acknowledged as exceptional situations that disrupt normal operations and are beyond anyone’s ability to predict or prevent. If such events affect a scheduled safari or tour, Explorers Wild Adventures may offer an alternative arrangement, such as rescheduling the tour, or in some cases, a refund. However, the specific course of action will be at the discretion of Explorers Wild Adventures based on the situation.

Clients should be aware that force majeure events may impact their travel plans, and while Explorers Wild Adventures will make every reasonable effort to minimize disruptions, some aspects of the tour may be compromised. Flexibility and understanding from both parties are key in navigating these situations. Refunds, when applicable, may take time to process, and the company will communicate any changes as promptly as possible to ensure clients are informed and can make alternative arrangements if necessary.

14. Governing Law

The terms and conditions set forth by Explorers Wild Adventures are governed by the laws of Kenya. This means that any legal disputes or issues arising from the terms and conditions, including matters related to the contract, payment, or liability, will be handled in accordance with Kenyan legislation. Both the client and the tour operator agree to abide by these laws, which establish the framework for resolving any disagreements that may occur during or after the safari experience. Understanding this legal context ensures that both parties are aware of their rights and obligations under the law.

In the event of a legal dispute, the jurisdiction clause specifies that any court proceedings will take place in Kenyan courts. This ensures clarity on the legal procedures that will be followed in resolving disputes and provides a clear, legal foundation for addressing issues that may arise between the client and Explorers Wild Adventures. Both parties must acknowledge that by entering into a booking agreement, they are agreeing to be bound by the legal framework of Kenya.

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