TERMS & CONDITIONS
This contract is between Madukha Tours and Safaris MTS( Madukha Tours & Safaris ltd), either as an individual or tours and travel company. By booking any of the arrangements in this tariff you have read these terms and conditions in full and without exception.
BOOKING / AGENTS / LIABILITY / DEPOSITS
A deposit consisting of an amount specified by an authorised member of the MTS staff is payable upon receipt / confirmation of your booking.
If the booking is made through a tours and travel agent such an agent also agrees to be bound by all the terms and condition
If MTS will incur any loss or damage arising directly or indirectly from the agents signing of the booking , the agent shall immediately indemnify MTS against any such claims, costs demand and expenses whatsoever, whatever and whenever made.
If MTS is unable to confirm you on a tour MTS will refund you your deposit in full. A reasonable similar tour will although always be suggested and offered.
All prices are calculated on the costs prevailing at the time of quotation. MTS although reserves the right to change in prices without notice should prices increase due to change in taxes, levies, fuel increases and currency fluctuations outside our control as well as for any other for unforeseen reason.
Final payment for a tour shall be paid and funds cleared by MTS latest 30 days prior to start of the services. If booking is made within 30 days of start of tour payment shall be made immediately in full. MTS shall have no obligation to provide service should these conditions not met.
The price does not include visa fees if applicable, international and domestic air fares or taxes unless specifically notes as “included” in the programme, gratuities at guests discretion, beverages, laundry, fax, telephones and any other costs of a similar person nature, supplementary costs imposed by lodges and hotels as well as any tours and excursions not specifically noted as “included”.
TRANSPORTATION ANG GUIDES
MTS will provide such aircraft and / or vehicle as it considers necessary to transport you based on such considerations such as the route to be taken, the conditions of the road and the number of guests on the journey. MTS reserves the right to change such arrangements including the planned and proposed route.
MTS reserves the right to employ and sub contract the services and means of transportation if deemed necessary.
MTS will provide one combined driver / guide on all the safaris offered.
RIGHT OF REFUSAL
MTS reserves the right to refuse any bookings from the persons whom it considers unsuitable for the type of travel to be undertaken.
MTS reserves the right to decline o accept or retain any participant of any time.
It is the guests / participants sole responsibility to ensure that they have obtained (and that the same is valid ) adequate insurance for personal accidents, medical expenses including hospitalization and lost luggage.
In the event that full payment have not been received by MTS on the “date due”, MTS reserves the right to cancel the service booked, or as a condition of providing the services to recost the services including any surcharges for MTS extra costs incurred.
All cancellations Shall be made in writing and at the discretion of MTS the following cancellation charges can be charged.
From 30 days to 15 days; 25%
From 14 days to 2 days; 50%
Within 48 hours of start of tour; 100%
MTS reserves the right to at any time and without incurring any liability whatsoever or how so ever to make changes to the tour arrangements including flights, accommodation, transport or other services and to offer substitutes facilities / arrangements of equal value and reputation or to cancel any tour. If MTS cancels a tour MTS will make a full refund except if cancellations are caused by war or threat of war, insurrection, riots strikes , civil actions, decisions by government authority, natural disaster, bad weather, technical maintenance problem with transport, changes of schedules or operational decisions of air carriers or similar circumstances beyond MTS control.
PRICE INCLUDES / DOES NOT INCLUDE
The price includes transport as per specification in the providing programme itinerary. Accommodation including meals as specified.
Government hotel taxes and hotel service charges.
It is the guest / participants sole responsibility to ensure that all travel documents, passports, visas, vaccination certificates, currency, travellers, cheques and similar documents are in order and that the name on the airline ticket is the same as what appears in the passport.
It is also the guests responsibility to make sure all onward reservations are reconfirmed latest 72 hours prior to departure.
It is the guests / participants responsibility to inform MTS of any specific dietary requirement or wishes when booking is made. Although every effort will be made by MTS of any medical condition / situation or disability which may materially affect your ability to enjoy, or suitability for the tour.
Except where MTS will transport you in its own vehicle, MTS and its agents act only as your agent in all matters relating to your transportation or the provision of other services to you regardless of whether you are transported by aircraft, rail, road, motor coach, ship, , boat or any other means.
MTS shall not be liable for any injury, delay , loss or damage whatsoever arising from your transportation, accommodation or from any other service provided to you or from any act or omission of any person will provide any such service
JURISDICTION AND ARBITRATION
All Matters concerning these conditions shall be the subject of the laws of the Republic of Kenya. You submit to the exclusive Jurisdictions of the court of Kenya which shall be the sole forum for any claims.
Any dispute in connection with the above shall first be referred to a Kenyan Arbitrator to be appointed by a chattered institute of arbitration Act.