In this document, Twining Safaris will be referred to as 'TS' or 'the company'. An 'Agent' is any travel agent or tour operator with whom "TS" works to book safari holidays. A 'Client' is any person or group of people who makes a safari booking with TS, whether directly or through an agent. A 'Safari' is any trip, or part thereof, booked with TS by a client or agent. All safaris are subject to the conditions in the document and, by booking a safari with TS, the client or agent acknowledges and accepts all of these conditions.
Enquiries are made by contacting Twining Safaris or an agent. A quote will be issued and should be accepted in writing. Once confirmation has been received, TS or the appointed agent will issue an invoice. A deposit to the value of 30% of the total safari cost is required to secure the booking. Full payment of the safari cost is due 50 days before the start of the safari. Please note that TS prefers payment to be made by telegraphic (wire) transfer. All bank charges pertaining to the transfer should be paid by the sender.
Postponements or cancellation of a booking must be made in writing to TS by the client or agent and will only be effective upon acknowledged receipt by TS. In the event of cancellation, the following cancellation charges are applicable: 120 - 50 days before the start of the safari - 10% of the safari cost is non-refundable 50 - 35 days before the start of the safari - 20% of the safari cost is non-refundable 35 - 21 days before the start of the safari - 33% of the safari cost is non-refundable 21 - 14 days before the start of the safari - 50% of the safari cost is non-refundable Less than 14 days before the start of the safari - 100% of the safari cost is non-refundable This cancellation policy applies to TS bookings. Any bookings made for a client by an agent with a 3rd party may be subject to terms as per the 3rd parties' policy. TS will not give refund or compensation for loss of length of travel time, substitution of facilities, amendment to the safari itinerary after departure and circumstances arising beyond the control of the company.
TS acts as a booking agent, when requested or necessary, for hotels and other accommodation, airlines, air charters, ground transportation, boat purveyors and other independent contractors. Each of these companies are independent corporations with their own management, hence are not subject to the control of TS. The transportation, accommodation and other services provided by the ground operators are offered subject to their terms and conditions. TS cannot be liable for and cancellation, delay, events beyond the control of the company, personal injury, property loss or damage, which may arise from these services. If the safari is booked through an agent, the agents is required to forward all deposits and other payments and all communication pertaining to the booking with TS, to the company in accordance with the terms of this agreement. TS is not liable until the client or agent has been notified that the payment has been received in writing. At this point the booking is confirmed.
TS draws the clients attention to the fact that there are certain inherent risks involved in participating in a safari holiday, and that the client must accept them at their own risk. Neither TS, its employees or agents can be held responsible for any illness, injury or accident on the safari.
'Force Majeure' means, in relation to TS, any circumstances beyond the reasonable control of the company (including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, requisition, Government intervention, weather conditions or other untoward occurrence). If TS is affected by Force Majeure it shall immediately notify the client or agent of the nature and the extent thereof. TS shall not be deemed to be in breach of these terms and conditions or otherwise be liable to the client or agent, by reason of delay in performance, or non-performance, of its obligation hereunder to the extent that any such delay or non-performance is due to any Force Majeure. Once TS has investigated the prevailing situation, it shall remain in TS sole and absolute discretion whether to proceed with a safari. The client or agent may cancel the booking but, if, after having made all reasonable proper enquiries, TS is of the opinion that the safari may proceed, the full cancellation policy regarding refunds shall apply.
Although TS hopes it will not have to levy surcharges, it reserves the right to do so on the invoice amount, if this becomes necessary due to increases forced upon TS by increase in services booked by TS, exchange rates or any other factors.
Temporary or permanent loss of baggage is the responsibility of the client or the carrier involved. It is not the responsibility of TS and any expense involved in such a loss is entirely the responsibility of the client or carrier, even if TS acted as a booking agent for this service. Passengers are reminded that the baggage limit on most long haul flights is 23 kg and 12-15 kg on light aircraft. This excludes hand baggage within reason. Limitations are strictly adhered to. TS advises clients to pack all belongings in soft holdalls as large non-flexible baggage may not fit in the luggage compartments of light aircraft. Any overweight luggage and associated costs will be at the client's expense.
TS strongly advises all clients obtain the following types of insurance: Accident death and disability Major medical Emergency medical evacuation Loss of personal effects Trip cancellation
Clients are not covered by any form of insurance by TS unless notified in the safari confirmation. The client accepts that (s) he undertakes the safari and/or any other trip booked by TS at their own risk. Where an agent books a safari on behalf of a client, it is the responsibility of the agent to ensure that the client holds all the necessary insurance covers.
It is the responsibility of the client to ensure that all passports, visas, travel permits, health certificates, inoculations and other documentation require for the safari are obtained and are in order. It is the responsibility of the client to meet any additional costs incurred as a result of failure by the client to comply with these conditions. All information given in TS the website are, to the best knowledge of the company, correct at the time of writing and TS reserves the right to change any of this information at any time without notice.
At all times on safari, clients must comply with the instructions issued by TS and its representatives. No client shall be accepted on a safari, or permitted to continue a safari while their mental or physical condition is, in the opinion of the company or its representative, such that it renders the client incapable of caring for themselves, objectionable to other clients or a hazard to themselves or other clients. TS will not be responsible for expenses incurred by any persons unable to take part in, or complete, a safari for these reasons.
The client acknowledges that in entering into this agreement, (s)he does not do so on the basis of and does not rely on any representation, warranty or other provision, except as provided herein and all conditions, warranties or other terms implied under statue or common law are hereby excluded to the fullest extent permitted by law. If any provision of this agreement is held by any court of law or other competent authority to be void or un-forceable, in whole or in part, this agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provisions.
Any dispute arising out of, or in connection with, this agreement shall be referred to one Kenyan arbitrator to be agreed upon by both parties. If the parties fail to reach an agreement within fourteen (14) days after either party has first put forward the name of the proposed arbitrator, the dispute shall be referred to a single arbitrator to be appointed by the current chairperson of the Chartered Institute of Arbitrators (Kenya branch). The Arbitration Act (cap. 49) or any other existing statutory modifications or re-enactment whereof shall apply to arbitration hereunder. This agreement shall be governed by and construed in all respects in accordance with the Laws of Kenya, and each party shall hereby submit to the non-exclusive jurisdiction of Kenyan Courts.