TERMS AND CONDITIONS

Posted By: admin on  in General Information

Top Africa Safaris LTD is a tour operator company whose PRIME AIM is to offer tour operator services in the whole of East Africa by taking you to the region's prolific wildlife ensuring that they live the way the nature indented. We arrange safaris for people with a passion for wildlife, cultural heritage, adventure and exploration. If these are your dreams we can turn them into reality 100%.

The information contained in Top Africa Safaris LTD website and any other material like our booklets is for the purpose of communicating prices and availability, it should therefore not be regarded as an offer in any case, purely as an invitation to treat. The prices shown on this website are valid at the time of input, however we reserve the right to change our prices or other details at any time and without any notice. However, once a holiday has been paid in FULL we will guarantee the price, unless it is subsequently affected by Government action or other influences beyond the control of Top Africa Safaris LTD. Prices may go up or down. Our sales consultants will confirm the correct price or advise of any amendments before the booking is confirmed.

Whilst we constantly strive to achieve the highest standard of accuracy – we cannot be held responsible for any of the content contained within this website. We do strongly advise you to check all details relating to your holiday accommodation or safari arrangements at the time of booking.

ACCOMMODATION
Accommodation is based on two persons sharing a twin room/tent. Where applicable rooms with private baths are provided while on safari. Single rooms are available at an additional cost but cannot be guaranteed since they are scare even if paid for. Where this occurs an appropriate refund will be made direct to the client. Hotels, lodges and Camps where named, are as an indication of category and rooms may be reserved at a similar hotel, lodge and camps. Most safari lodges vary in size and style, and are built to blend in with the local environment. Accommodation tends to be of rondavel or banda type, with a lounge, central dining and bar in single unit hotels. Do not be misled by the term "tented accommodation" – these tend to be luxurious insect-proof tents and are usually permanently pitched on concrete bases, often including en suite bathrooms with flush toilets. These are very popular and give the visitor the true experience of being close to nature without the inconvenience and discomfort that can be associated with camping in the open. In the towns, cheaper hotels are definitely avoidable. Prices for higher range hotels vary according to season. Note that although prices may be quoted in US$, payment in local currency is the accepted norm. Campsites in national parks and game reserves tend to be very basic, with running water, but only pit toilets. It is strongly recommended that you reserve all your accommodation as far in advance as possible as availability is often at a premium, especially in peak season.

PLEDGE RELOCATE POLICY
In the unlikely event, if we are unable to honour all guaranteed reservations to the guests and travel companies, then the guests and travel companies shall at their own expenses, secure comparable accommodations. In this case then equivalent reimbursement would be done.

PHOTOGRAPHY ON TOUR
Top Africa Safaris reserves the right to take photographs during the operation of any tour or part thereof, and to use resulting photographs for promotional purposes. By booking a reservation with Top Africa Safaris ltd, tour members agree to allow their image to be used in such photographs; tour members who prefer that their image not to be used are asked to identify themselves to their tour escort at the commencement of their tour.

TESTIMONIES
Top Africa Safaris reserves the right to print in its promotional material any good experience that client (s) has expressed either by noting in visitors book or by e-mailing to register appreciation after super service. By expressing satisfaction to Top Africa Safaris, the client (s) agree to allow their testimony to be used in marketing and promotional material and may be asked by other prospect client (s) of Top Africa Safaris to share with them direct their experience with Top Africa Safaris since their contact will be displayed in the said marketing material, clients are requested to do the needful all time in this regard. Clients who prefer their testimonies not to be used are free to do so by identifying themselves.

RESERVATION AND PAYMENT
You will be invoiced upon making a reservation and then payment becomes due. Your tour will be confirmed ONLY on reception of a deposit of a minimum of 40% per person of the total tour costs and which is non-refundable. The balance not later than the 1200 hours (noon) of 60 days before the tour begins. If your reservation is made within 60 days of departure, the entire cost of the trip must be paid at the time of confirmation. The transfer bank details shall be given out promptly after making the reservation and payment becoming due. All abroad bank charges incurred in sending the payment to Top Africa Safaris account is entirely the responsibility of the clients. Notwithstanding any prior confirmation arrangements, the right is reserved not to execute tours if payment has not been received in accordance with the foregoing.

SUPPLEMENT
Christmas and Easter supplements are charged on Christmas eve, Christmas day, boxing day, New years eve, Easter Monday, Good Friday and Saturday.

ABROAD PAYMENT RECEIPT RECEPTION
Receipt acts as a universal and of paramount evidence of any business transaction and for ASSURANCE to our clients reception of exact services as stipulated in our current web site and booklets you will be issued a receipt upon reception of your payment in each of the stages by means of either e-mail attachment after the receipt is prepared and scanned or can be send to you as a hard copy through your postal address. You are therefore required to advise in which of the two methods would be suitable for you to receive your receipt promptly at the time of the safari payment. It is the duty of the client to keep all the receipts safely until the time of departure of the safari and should produce them at the time of departure or at any other time of the entire safari. Notwithstanding any prior confirmation arrangements, the right is reserved not to execute tours if the receipts are not produced when requested for in accordance with the foregoing.

RATES
The rates include all expenses in connection with vehicle and driver for the itinerary as set out. Hotel accommodation with full board table d'hote meals whilst on safari unless otherwise stated. Air cost for charter flights indicated are included in the costs. In the event of the change of value of the Kenya shilling by more than 5% (five percent) by way of devaluation or a currency fluctuation the company may at its discretion increase the specified rates proportionally by the amount of such devaluation and with effect from the date of devaluation. All government hotel taxes, hotel services charges, game and bird walks as applicable to the itinerary are inclusive. All entry fees except where these are specifically quoted separately in the price list are included. Not included are any departure taxes, visas, gratuities, (other than service charges) beverages, laundry and other such things of personal expenses.

PAYMENT
We believe that since we are dealing with clients from every corner of the globe we should provide different methods of payment to cater up for the payment needs for all. With that connection please select the best method that you would like to use while sending the money into our company.

CREDIT CARD PAYMENT
Payment can be done in major credit cards namely visa card, MasterCard, Japan card Bureau (JCB) and American Express. For those who wish to pay by credit card are advised to fill the provided card payment form DOWNLOAD HERE and after signing fax to us through the provided fax numbers in contact us page.
SWIFT TRANSFER PAYMENT
Those who wishe to pay by means of swift transfer the bank account details will be give once the request is received.

TRANSFER CHARGES In all case we are not reliable for any bank charges imposed by the either banks.

TRANSPORTATION
Transportation in all our vehicles will be provided according to the route and number of clients. The right is reserved to employ the services of sub contractors. Always an English driver guides is guaranteed while other language speaking guide or driver guide could be provided on request. In the event of a fully professional courier required an extra charge would be applicable. It is your responsibility to be in possession of a valid passport and visa. Once we will not be held responsible for loss, delay or any inconvenience that may occur as a result of the passport or Visa not being produced for any travel.

ALTERATIONS TOURS
The company reserves the right to alter the arrangements of the route or cancel the operation of a scheduled tour should conditions necessitate. It also reserves the right to decline to accept or retain any person as a member of any tour at any time and to pass on to tour members any expenditures or losses caused by delays or events beyond its control, in the event an equitable amount will be refunded. In this case Top Africa Safaris LTD reserves the right to decide the equitable amount for the refund.

CLAIMS AND REFUNDS
Except for verifiable extenuating circumstances, refunds are not made for any missed tour services. For verifiable claims to be considered, they must be received in writing within 15 days of the termination of the tour and be accompanied by supporting documentation and/or a statement from the Tour Operating Company verifying the claim. Any adjustment considered will be based on the actual cost of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. Top Africa Safaris will not accept any liability for any claims that are not received within 15 days of the termination of your tour. In the event where Top Africa Safaris was involved direct, it should be reported to the local representative with 48 hours after the tour and everything would be done to resolve satisfactory.

AFFILIATIONS
We are member Kenya Tourism Foundation (KTF). This obligates us to observe the associations strict code of conduct designed to ensure that members trade honestly and professionally at all times. The Association also expects members to comply with the spirit of Kenya's tourist reputation, offering high quality service, comfort, safety and value to all clients. Besides, we care for the environment and the local people living near the National Parks and Game Reserves. We are also contributing to East African Wildlife Society of Kenya whose mission is to promote the conservation and wise use of wildlife and the environment in East Africa.

AGENT'S RESPONSIBILITY
The agent's liability for its own negligence shall be limited to the tour price and the agent shall not in any event be liable for consequential indirect losses. The tour member accepts and consents to ALL risks involved with the tour.

 

CANCELLATION
In the event of cancellation a notice of which must be given in writing. Apart from the deposit a refund shall be done minus the charges for the reservations that have been processed, cancellation fees imposed by hotels, lodges, camps, transporters and any other relevant expenses. Therefore any booking cancelled or reduced in number within 60 and 30 days from the noon (12.00 hours) of the date of commencement of the tour, a cancellation fee of 50% of the total land arrangements will be charged and a charge of 100% if the cancellation is made or reduced in number within 30 and 0 (zero) days from the noon (12.00) of the date of tour commencement.

CANCELLATION DUE TO INSECURITY OR ANY OTHER UNPREDICTABLE CALAMITIES
In the event whereby the clients want to change or cancelled the holiday as a result of insecurity the decision would be entirely on the hands of the Top Africa Safaris LTD and therefore clients should know that there would be no any refund other than as per the above cancellation policy. Clients can however change the holiday to a different destination whereby an equitable fee would be charged.

 

LIABILITY

 

  • A. The company is insured against legal liabilities arising from any injuries which might be received by passangers whilst in it vehicles.

  • B. The company and its agents act only as agents of the passengers in all matters relating to hotel, lodge, camps accommodation, tours, transport extra and shall not be liable for injury, delay, loss or damage arising from any clause and in any manner, however except when the passenger is being carried in transport owned by the company.

  • C. The company's liability to passengers carried in its own vehicle is governed by the a appropriate laws of the country in which the tour takes place and no any other country and all claims are subject to the jurisdiction of the courts of the country in which the action arises. However, the company accepts no responsibility for any person's illness, injury, loss or damages from any cause whatsoever.

  • D. The company reserves the right to employ sub contractors for all or part from the services agreed to be supplied. Whilst every care is taken, the company shall not be held responsible for loss or damage to baggage. It is therefore advisable to effect a separate baggage insurance. All expeditions involve an element of personal risk and at times can be of a hazardous nature. Expedition members must accept this risk. We are not liable for any loss, damage, injury, expensive delay, or inconvenience caused to you or to your baggage as a result, whether directly or indirectly, or any matter of whatever nature, which is outside our control. All participants are advised to take an insurance policy to cover personal accident, medical expenses and all belongings.

  • E. (i) In the event that any claim is made against the Travel Agent or Tour Operator in respect of any loss or damage occasioned by the breach of contract, negligence or other fault of the company, the company shall be liable to indemnity the Travel Agent or the Tour Operator (as the case may be) in the Court of the of the country in which the action arises and under the law of the same country if the Travel Agent or the Tour Operator (as the case may be) has submitted to the jurisdiction of the said Court.

  • E.(ii) In respect of any such claim as mentioned in sub clause (i) of this clause the company shall be under no liability whatsoever or however arising other than the liability expressly assumed in this clause.

  • E.(iii) For the purpose of this clause, the company shall be deemed to include its servants and agents and shall be deemed to contract on its own behalf each such servant and agent.

RISK AND INSURANCE
The hazards of travelling as any country may inevitably give rise to some risks and dangers including, inter alia, those inherent in travel be boat, train road vehicle aircraft or other means, the forces of nature, and accident or other means of rapid evacuation or medical facilities. In certain cases these risks and dangers may lead to death, injury, delay, loss damage or change of itinerary. Top Africa Safaris ltd does not undertake to provide medical care, except the emergency and evacuation by air and road within EAST AFRICA ONLY. The rescue and evacuation by air and road is for all TOP AFRICA SAFARIS LTD clients and is valid from the minute the clients set foot in Kenya soil until the fly out. The cover does not include in HOSPITAL BILLS, OVERSEAS COVER. The cover is ONLY for RESIDENTS and NON-RESIDENTS. Clients are therefore STRONGLY advised to take out their OWN ADEQUATE insurance against such risks.

 

RISK AND INSURANCE
The hazards of travelling as any country may inevitably give rise to some risks and dangers including, inter alia, those inherent in travel be boat, train road vehicle aircraft or other means, the forces of nature, and accident or other means of rapid evacuation or medical facilities. In certain cases these risks and dangers may lead to death, injury, delay, loss damage or change of itinerary. Top Africa Safaris ltd does not undertake to provide medical care, except the emergency and evacuation by air and road within EAST AFRICA ONLY. The rescue and evacuation by air and road is for all TOP AFRICA SAFARIS LTD clients and is valid from the minute the clients set foot in Kenya soil until the fly out. The cover does not include in HOSPITAL BILLS, OVERSEAS COVER. The cover is ONLY for RESIDENTS and NON-RESIDENTS. Clients are therefore STRONGLY advised to take out their OWN ADEQUATE insurance against such risks.

 

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