Tripvibe Safaris Ltd
TERMS & CONDITIONS
These Terms and Conditions (Agreement) constitute a legally binding contract between Tripvibe Safaris Ltd (the Company, we, us, or our), a tour and travel operator registered in Kenya, and any person (Client, you, or your) who makes a booking, inquiry, or purchase of any tour, safari, or travel service offered by the Company. By confirming a booking, you agree to be bound by these Terms in their entirety.
All bookings and contracts are deemed concluded in Kenya and are governed by and interpreted in accordance with the laws of the Republic of Kenya.
1. Bookings & Reservations
- 1.1 All quotations provided by the Company are valid for 30 days from the date of issue and are subject to availability. A quotation does not constitute a confirmed booking.
- 1.2 A booking is confirmed only upon receipt of the required deposit and written acknowledgement from the Company.
- 1.3 The Company reserves the right to decline any booking at its sole discretion without being required to provide reasons.
- 1.4 Clients booking within 28 days of departure for Group Tours, or within 45 days of departure for Private Safaris, are required to pay the full tour price immediately upon booking.
- 1.5 All bookings are subject to park fees, government levies, and accommodation rates prevailing at the time of travel. Price increases from third-party suppliers will be passed on with reasonable notice.
2. Deposits & Payment Terms
2.1 Non-Refundable Deposit Requirements
- Kenya-only tours: 30% of the total tour price at the time of booking.
- Kenya/Tanzania or multi-country tours: 50% of the total tour price at the time of booking.
- Peak-season bookings (July–October, December–January): 50% deposit required, payable within 7 days of booking confirmation.
2.2 Balance Payment Due Dates
- Scheduled Group Tours: At least 28 days prior to departure.
- Private Safaris & Custom Packages: At least 45 days prior to departure.
- 2.3 If full payment is not received by the due date, the Company reserves the right to treat the booking as cancelled and retain the deposit.
- 2.4 All bank charges, wire-transfer fees, and currency conversion costs are the sole responsibility of the Client. The amount credited to the Company's account must match the invoice exactly for the booking to be considered fully paid.
- 2.5 Payment Methods: Bank transfer (preferred), major credit/debit cards (subject to a 3% processing fee), and mobile money (M-Pesa Paybill as indicated on invoice).
- 2.6 Currency: Prices are quoted in USD unless otherwise stated. Payments made in KES will be converted at the prevailing exchange rate on the date of payment.
3. Booking Amendments
- 3.1 Requests to amend a confirmed booking (e.g., change of dates, accommodation, number of participants, itinerary) must be submitted in writing to the Company's booking office.
- 3.2 An amendment handling fee of USD 50 per booking applies in addition to any costs levied by third-party suppliers (hotels, airlines, parks, etc.).
- 3.3 Amendments requested within 28 days of departure for Group Tours, or within 45 days for Private Safaris, may be treated as a cancellation and re-booking, with cancellation fees applying.
- 3.4 The Company will make every effort to accommodate amendments but cannot guarantee changes, particularly during peak season.
4. Cancellations
4.1 Cancellation by the Client
Cancellations must be submitted in writing to the Company's booking office and take effect only upon written receipt. The following cancellation fees apply:
- More than 28 days before departure: 30% of total tour price (deposit forfeited).
- 27 to 14 days before departure: 50% of total tour price.
- 13 to 7 days before departure: 75% of total tour price.
- Less than 7 days before departure or no-show: 100% of total tour price.
- More than 90 days before departure: 30% of total tour price.
- 89 to 45 days before departure: 50% of total tour price.
- Less than 45 days before departure or no-show: 100% of total tour price.
- 4.2 There is no refund for any unused portions of a tour once it has commenced (including meals, accommodation, activities, or transport).
- 4.3 Comprehensive travel insurance covering cancellation is strongly recommended. Failure to purchase insurance is at the Client's own risk.
4.2 Cancellation by the Company
The Company reserves the right to cancel any tour where conditions make it impossible, unsafe, or commercially unviable to operate (e.g., natural disasters, civil unrest, government travel advisories, or insufficient group numbers). In such cases, the Company will:
- Notify the Client as soon as reasonably practicable.
- Offer an alternative tour of comparable value, OR
- Provide a full refund of monies paid, minus non-recoverable third-party costs already incurred.
The Company shall not be liable for any additional costs incurred by the Client, including international flights, visas, or other travel arrangements.
5. Itinerary Alterations
- 5.1 Itinerary details are approximate and subject to change without prior notice due to weather, road conditions, wildlife movements, accommodation availability, or safety considerations.
- 5.2 In the event of a substitution, the Company will endeavour to provide an alternative of equal or higher value. No refund will be issued for alterations beyond the Company's control.
- 5.3 Flight delays or cancellations by airlines are not considered alterations to the tour. Clients must seek compensation directly from the airline.
6. Insurance
- 6.1 MANDATORY: All Clients must hold comprehensive travel insurance prior to departure, covering medical expenses (min. USD 50,000 recommended), emergency medical evacuation & repatriation (AMREF Flying Doctors recommended), trip cancellation, baggage loss, and personal liability.
- 6.2 Legal Requirement: Pursuant to Section 26(6) of Kenya's Social Health Insurance Act, 2024, non-Kenyan visitors staying less than 12 months are required to hold valid travel health insurance upon entry into Kenya.
- 6.3 The Company maintains professional indemnity insurance and vehicle cover as required by Kenyan law, but this does not replace personal travel insurance.
- 6.4 Proof of insurance may be requested prior to departure.
7. Liability & Limitation
- 7.1 The Company acts as a principal in arranging tours and as an agent for third-party suppliers. The Company is not liable for acts, omissions, or negligence of third-party suppliers.
- 7.2 The Company shall not be liable for injury, illness, death, loss, or delay caused by Force Majeure events, client negligence, wildlife encounters, or loss of personal property.
- 7.3 Maximum Liability: Where liability cannot be excluded by law, the Company's total liability shall not exceed the total amount paid by the Client for the specific tour.
- 7.4 Clients participate in all safari activities at their own risk and must follow guide instructions at all times.
8. Client Responsibilities
- 8.1 Travel Documents: Valid passport (min. 6 months validity beyond travel end date), visas, and health documents are the Client's sole responsibility.
- 8.2 Health & Vaccines: Clients should consult a travel clinic regarding Yellow Fever and Malaria prophylaxis.
- 8.3 Disclosure: Medical conditions, physical limitations, or dietary requirements must be disclosed at booking.
- 8.4 Conduct: Respectful behavior toward local communities, wildlife, and fellow travellers is required. The Company reserves the right to exclude disruptive Clients without refund.
9. Health, Safety & Special Requirements
- 9.1 Medical Clearance: Required for physically demanding activities (mountain trekking, walking safaris).
- 9.2 Age Limits: Certain lodges or activities may have age restrictions.
- 9.3 Emergency Protocols: First-aid certified guides and direct link to AMREF Flying Doctors for evacuations are in place.
- 9.4 Single Supplements: Single room occupancy is available at an extra charge.
10. Accommodation & Tour Inclusions
- 10.1 Occupancy: Pricing is based on twin/double room occupancy unless specified.
- 10.2 Substitutions: Equivalent or higher standard accommodation will be provided if initial bookings become unavailable.
- 10.3 Exclusions: International flights, visas, travel insurance, personal items, beverages outside meals, and tips/gratuities are excluded unless specified.
11. Force Majeure
The Company is not liable for delay or failure of performance resulting from acts of God, floods, natural disasters, epidemics, civil unrest, war, sanctions, or government actions beyond reasonable control.
12. Intellectual Property
All content on our website, brochures, and itineraries is the sole property of Tripvibe Safaris Ltd and may not be reproduced without prior written consent.
13. Privacy & Data Protection
Data collected is processed strictly for booking and legal compliance in accordance with Kenya's Data Protection Act, 2019. Personal data will not be sold to third parties.
14. Complaints & Dispute Resolution
- 14.1 On-Site Issues: Complaints must be raised immediately with your guide/representative.
- 14.2 Written Claims: Formal complaints must be submitted within 30 days of tour completion. Response provided within 21 business days.
- 14.3 Legal Framework: Unresolved disputes will be handled via mediation or Kenyan courts under the Arbitration Act (Cap 49, Laws of Kenya).
15. Acceptance of Terms
By confirming a booking via written confirmation, deposit, or payment, you acknowledge that you have read, understood, and agreed to these Terms on behalf of all members in your booking party.
Tripvibe Safaris Ltd
Ruiru Business Centre, Ruiru, Kenya
Tel: (+254) 731 157177 / 141 344 730 | Email: info@tripvibesafaris.com
Registered with the Kenya Tourism Regulatory Authority (TRA) | Reg. No: [TRA Number]