Introduction
These Terms and Conditions form the complete and binding agreement between Sun Summit & Safaris (hereinafter referred to as the "Company") and the client (hereinafter referred to as the "Client") for all safari bookings, services, and related travel arrangements. Payment of the required deposit constitutes the Client's full and unconditional acceptance of these Terms and Conditions.
1. Our Partners
The Company works with various booking agents and marketing partners, such as Kenya Peaks Adventures, SafariBookings.com, and other international travel agencies. While bookings may be facilitated through these partners, the ultimate provision of the safari services on the ground is governed by the terms and conditions set forth herein.
2. Booking and Payment
2.1. Booking Confirmation: A booking is considered confirmed only upon the Company's receipt of the required deposit and the Client's acceptance of these Terms and Conditions.
2.2. Deposit: A non-refundable deposit of 30% of the total tour price is required at the time of booking to secure your reservation.
2.3. Final Payment: The remaining balance of the total tour price is due no later than 60 days prior to the scheduled tour departure date. If a booking is made within 60 days of departure, the full tour price must be paid at the time of booking.
2.4. Payment Methods: Payments can be made via bank transfer or credit card (Visa/Mastercard). Additional processing fees may apply to credit card payments.
2.5. Failure to Pay: If the final balance is not received by the due date, the Company reserves the right to treat the booking as cancelled and the deposit will be forfeited.
3. Cancellation Policy
All cancellations must be made in writing and will be effective on the date of receipt by the Company. The following cancellation fees apply:
3.1. Cancellation by the Client:
- 61 days or more before departure: Loss of deposit.
- 45-60 days before departure: 50% of the total tour price.
- 0-44 days before departure: 100% of the total tour price.
No refunds will be provided for any unused services, late arrivals, or no-shows.
3.2. Cancellation by the Company: The Company reserves the right to cancel any tour for reasons of force majeure (see Section 11) or failure by the Client to pay the final balance. In such cases, the Company will endeavor to offer an alternative tour of a similar standard. If this is not acceptable to the Client, the Company will refund all monies paid, which shall constitute the full settlement.
4. Luggage Policy (Strictly Enforced)
4.1. Allowance: Due to the limited space in safari vehicles and safety considerations on safari roads, each Client is strictly limited to one soft-sided duffel bag or backpack (no hard-shell suitcases) with a maximum weight of 15 kg (33 lbs).
4.2. Carry-on: Each Client is also permitted one small personal carry-on item (e.g., a small backpack, camera bag, or handbag) that can fit on their lap or under their seat.
4.3. Excess Luggage: The Company is not responsible for excess luggage. The Client will be advised of the following options should they arrive with luggage that exceeds the stated allowance:
- a) The Client may leave the excess luggage in a secure storage facility at our Nairobi office at no charge, to be collected upon completion of the safari.
- b) If the Client insists on carrying the excess luggage, the Company will arrange for a separate luggage transfer vehicle at the Client's sole and direct expense. A cost estimate will be provided, and payment will be required before the transfer is arranged.
4.4. Liability for Luggage: All luggage and personal effects are the Client's responsibility at all times. The Company is not liable for any lost, damaged, or stolen luggage, especially items stored in a manner that contravenes this policy. Valuables, including electronics, documents, and medication, must be kept with the Client at all times.
5. Travel Insurance
5.1. Mandatory Insurance: Comprehensive travel and medical insurance is mandatory for all Clients. It is a condition of booking that the Client is adequately insured for the full duration of their tour.
5.2. Coverage: The insurance must cover, at a minimum, personal injury, death, medical expenses, emergency repatriation, cancellation, curtailment, and loss or damage of baggage.
5.3. Proof of Insurance: The Client must provide proof of their insurance policy upon request. The Company will not be liable for any costs or consequences arising from a Client's failure to obtain adequate insurance.
6. Client Responsibilities
6.1. Passports, Visas, and Health: The Client is solely responsible for ensuring that their passports, visas, and any required health certificates (e.g., vaccination records) are valid for entry into Kenya and any other countries visited during the tour.
6.2. Health and Fitness: The Client must be in good physical and mental health to undertake the tour. Any pre-existing medical conditions must be declared to the Company at the time of booking.
6.3. Client Conduct: The Client agrees to accept the authority and decisions of the Company's guides and representatives while on tour. If, in the opinion of such a person, the health or conduct of a Client at any time appears likely to endanger the safety, comfort, or happy progress of a tour, the Client may be excluded from all or part of the tour without refund or compensation.
7. Safari Vehicles and Guides
7.1. Vehicle Type: The Company utilizes custom-built 4x4 safari Landcruisers or safari vans with pop-up roofs for game viewing. While we strive to provide the highest quality vehicles, the specific model and make may vary. All vehicles are maintained to high safety standards as required by Kenyan law.
7.2. Subcontractors: The Company may engage qualified and licensed third-party freelance safari guides, drivers, and vehicle providers to deliver the services. These partners are selected based on their expertise and compliance with our safety and quality standards.
7.3. On-Safari Issues: The safari experience may involve travel on rough, unpaved roads. Minor mechanical issues, such as a flat tire, can occur. Our guides are trained to handle such situations efficiently to minimize disruption. The Client acknowledges that such events are part of adventure travel and do not constitute a failure of service.
8. Itinerary and Alterations
8.1. Flexibility: The Company will make every effort to adhere to the proposed itinerary. However, all timings are approximate. We reserve the right to alter or modify any part of the itinerary without prior notice due to local conditions, including but not limited to road closures, adverse weather, or for the safety and well-being of our clients.
8.2. Delays: The Company is not liable for delays caused by factors beyond its reasonable control, such as traffic, road conditions, or park entry formalities. No refunds will be provided for travel time lost due to such delays.
9. Pricing
9.1. Inclusions & Exclusions: Tour prices include accommodations, meals as specified in the itinerary, park entry fees, ground transport, and the services of a professional driver-guide. Prices exclude international flights, visa fees, travel insurance, tips, optional activities, and personal expenses.
9.2. Price Changes: The Company reserves the right to adjust tour prices at any time before a booking is confirmed. We also reserve the right to pass on any unforeseen increases in government taxes, park fees, or other statutory levies.
10. Limitation of Liability
10.1. General Indemnity: The Company, its owners, and its agents act only as agents for third-party providers (lodges, airlines, transport, etc.). We are not liable for any injury, property damage, loss, delay, or any other irregularity caused by the acts or omissions of these third parties.
10.2. Client Responsibility: The Client is responsible for ensuring they have valid travel documents (passports, visas), adequate travel and medical insurance, and have taken all necessary health precautions. Travel insurance is mandatory for all clients.
11. Force Majeure
The Company shall not be liable for any failure to perform its obligations where such failure is a result of any cause beyond its reasonable control. Such causes include, but are not limited to, acts of God, war or threat of war, riots, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, and all similar events.
12. Marketing
The Company reserves the right to use any photographs and videos taken during tours for marketing or promotional purposes. Clients who do not wish for their image to be used must inform the Company in writing prior to the tour departure.
13. Dispute Resolution Protocol
13.1. On-Trip Notification: If a Client has a complaint or issue during the safari, they must report it immediately to their driver-guide or the Company's 24/7 contact number. This ensures we have the opportunity to rectify the situation on the ground. Complaints not reported during the trip may be considered waived.
13.2. Formal Complaint: If the issue is not resolved to the Client's satisfaction, a formal written complaint must be submitted to the Company via email within 21 days of the tour's completion.
13.3. Governing Law: This agreement shall be governed by and interpreted in accordance with the laws of the Republic of Kenya. Any legal dispute must be brought before the courts in Nairobi, Kenya.
14. Acceptance of Terms
By making a deposit and confirming a booking with Sun Summit & Safaris, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.