Terms and Conditions of service

 

  1. Consent

By agreeing to undertake any Service/Safari/Tour/Flight etc with Eliteways Travel and Safaris, the client expressly agrees to abide by the following terms and conditions. This may be through acceptance (Verbally, official and non-official writing or otherwise, by implication, by telephone, through electronic means or otherwise any other way as long as they have undertaken or intend to by any means or action to take up the package product or service) or payment of a deposit OR any other partial OR full payment for a reservation of a Service/Safari/Tour/Flight etc which constitutes consent by all guests booked for by that payment to all the terms and conditions herein whether or not the guest has read and understood and/or signed the reservation form including terms and conditions or not. These terms cannot be changed or amended except in writing by an authorized director of the Company.

In cases where clients undertake, or intend to undertake or accept a Service/Safari/Tour/Flight etc prior to seeing, reading, understanding and accepting the terms and conditions herein, the management shall assume that the said client have seen, read, understood and accepted the terms herein to be binding during their undertaking of the service/safari/Tour/Flight with Eliteways Travel and Safaris. The Management shall leave it upon the clients to request for or search for, read, understand and accept the terms though various avenues including asking for the same terms while making their reservation or visiting our website on the link; https://elitewaystravel.com/terms-and-conditions/ for the same. Failure by the client to ask for the same or failure to visit the website link to familiarize themselves and accept the terms will not be deemed any liability by Eliteways Travel and Safaris

Material and media – print or electronic or otherwise including pictures, videos, chats, data, artifacts etc. obtained before, during or after your Service/Safari/Tour/Flight etc with Eliteways Travel and Safaris may be used for promotional purposes as a tool to showcase the service/tour/flight/service. The client hence-wise expressly authorizes the Company to use such material for such purpose without further need of such authority.

 

  1. Payment, Cancellation and alteration
  • Full payment should be cleared before start of the safari/Tour/Flight /Service, unless otherwise agreed upon in writing. This is to avoid delays/disappointment on entry into different areas to be visited including parks, hotels/restaurants/flights/sites etc. Payments are acceptable via our secure online payment system, PayPal, Bank Electronic Transfer and Mobile Money. The client’s preferred payment method will be included in the invoice, with terms, conditions and costs of each method detailed as per the method chosen.
  • For Corporate account holders, credit period is 30 days from invoice date without interest, and any delays attract a monthly cumulative 10% (read ten percent) interest of the invoice amount unless there is a pre-agreed rate when taking up a service or when signing the contract for the respective service.
  • Cancellation charges are determined by the fact that once we have booked with hotels and safari camps/lodges, airlines, restaurants, site and transport providers. They will charge us a cancellation fee if we cancel a booking. We try to keep such charges to a minimum and they are as follows, as a percentage of the total invoice charges:

Bookings cancelled or amended up to 120 days before commencement of the safari incur a 10% cancellation charge.

Cancellation or amendment less than 120 days and up to 60 days prior to commencement of the safari: 25% cancellation charge.

Cancellation or amendment less than 60 days but up to 30 days prior to commencement of the safari 50% refund, 50% cancellation charge.

Cancellation or amendment less than 30 days but up to 15 days prior to commencement of the safari: 25% refund, 75% cancellation charge.

Cancellation or amendment less than 15 days or more than 3 days prior to commencement of the safari: 10% refund and 90% cancellation charge.

Cancellation or amendment 3 days or less before commencement of the safari – nil refund, 100% cancellation charge.

Please note that any refunds due to you in the event of cancellation can be credited only to the original card used for making the initial payment.

  • After a booking has been confirmed, should a client wish to make any changes to their itinerary or wish an earlier or later arrival or departure date, the company will make every effort to accommodate their requests based on availability. However, should there be any extra costs involved; it shall be in addition to the quote sent to them for their confirmed safari. Normal cancellation fees apply if you wish to postpone your Arrival/departure.
  • During the Safari/Tour/Service, should a client wish to make alterations in lodge/Camp/Flight/Park or anything out of the confirmed itinerary, every effort is going to be made to accommodate their request but this is dependent on availability as well as the client’s ability to bear the cost involved, be it a cancelation cost or an additional cost.

 

  1. Credit Terms – Credit Period, penalties and charges

The Company may at times offer services on credit to individual clients or corporate organization depending on level of business and relationship with such client(s). The following terms of payment regarding credit period, penalties and charges shall apply on all credit business regardless of the prior arrangements engaged at the discretion of Eliteways Travel and Safaris.

Credit Period;

  • Upon agreed terms, a client who will be allowed credit facilities shall be given a maximum of thirty (30) Calendar days from the date of completion of service to make payment in full for service/safari/Tour/Flight etc rendered to them by Eliteways Travel and Safaris. Any other agreement to extend this period must be done so in writing before the lapse of the credit period of thirty (30) Calendar days.

Penalties and Charges for Delayed payment after lapse of Credit period;

  • Payment Received between 31st and 45th Day from the date of completion of service – 10% of the invoice amount
  • Payment Received between 46th and 60th Day from the date of completion of service – 20% of the invoice amount
  • Payment Received between 61st Day to 75th Day of the date of completion of service – 50% of the invoice amount
  • Payment received between 75th Day to 90th Day of the date of completion of service – 100% of the invoice amount
  • Payment received after 90th Day of the day of completion of service – 100% plus legal procedure with costs catered for by the client

NB;

  • The penalties above are calculated cumulatively for each credit period i.e., 10%, 20%, 50% and 100% at the lapse of each of the window period and added to the final invoice amount independently.
  • Any costs incurred and/or associated with following-up payment shall be borne and paid for by the client as Eliteways will not be liable for the same owing to delays caused by the client, its agents, employees, partners 3rd party clients, intermediaries or any other party regarding the delayed payment

 

  1. Refunds

Whilst the Company uses its best endeavors to ensure that all the booked services/hotels/tours/sites etc. are undertaken as planned, there shall be no claim of any nature whatsoever against the Company or its staff for a refund either in the whole or part, if any such services are unavailable/unreachable/indispensable, and a reasonable alternative is not found. If the guest is unable to use any service provided in the itinerary for any reason of their own or caused by other factors or agents beyond the company’s control, then there are no refunds due.

 

  1. Insurance

Clients are advised that it is their sole responsibility to ensure that they carry the correct comprehensive travel and medical insurance to cover themselves, as well as any dependent(s)/travelling companions for the duration of their Safari/Tour/Flight/Service. This insurance should include cover in respect of, but not limited to, the following eventualities: cancellation or curtailment of the Safari/Tour/Flight/Service, emergency evacuation expenses, medical expenses, repatriation expenses, damage/theft/loss of baggage, money and goods.  Eliteways Travel and Safaris, including their representatives, employees and agents will take no responsibility for any costs, losses injuries, illnesses, accidents etc. incurred or suffered by the guests/dependents/traveling companions, with regards to, but not limited to, any of the above-mentioned eventualities. Guests will be charged directly by the relevant service providers for any emergency services they may require, and may find themselves in a position unable to access such services should they not be carrying the relevant insurance cover.

Eliteways Travel and Safaris can upon request provide insurance quotes from companies offering the same. In case clients already have such a cover, they should give insurance provider’s name, together with the policy number and the insurance company’s emergency contact telephone number in case of any emergency while they are traveling

 

  1. Responsibility:

Traveling comes with some measure of inherent risk including, but not limited to, the hazards of traveling in underdeveloped areas where living conditions and other facilities may be poor or lacking; the forces of nature; and accident or illness in remote regions without means of quick evacuation. Bookings are accepted on the specific condition that the management and its team/employees act only as agents of the traveler in all matters relating to Parks, Accommodation, Sites, restaurants, all forms of transportation and other services which may be included in these tours. Eliteways Travel and Safaris may purchase these services from suppliers and other independent contractors, without warranties and representations from them and thus such services are not subject to its control and therefore Poor service or lack of in attraction sites, park, hotels, restaurants and other areas which ultimately affect guest experience is not guaranteed by Eliteways Travel and Safaris, and as such the management will not be held liable. Clients are advised to seek redress from the concerned management of such sites, park, hotels, restaurants and other areas. Should clients who wish to upgrade/change such poor service, they shall bare the cost for upgrades/change of service change direct.

  • All the rules stipulated in a site/park/hotel/restaurant etc. must be observed to ensure a great safari/flight/service. While all precautions are taken to ensure safety and enjoyment on these tours, Eliteways Travel and Safaris and/or its agents and suppliers shall not be liable for death, injury, delay, cancellation, inconvenience, loss or damage arising from any cause and in any manner whatsoever or change of itinerary or act, including any acts of terrorism, acts of God and government, acts of nature, attacks by animals/insects/birds, neglect, accidents, traffic jams/disruption, error or omission caused by any of these suppliers or independent contractors, their employees, representatives or any event beyond the control of Eliteways Travel and Safaris.
  • It should be noted that the types of vehicles used for safaris on rough roads are different from tour vehicles on the highways in developed countries and normally they do not have air-conditioning other than the sliding windows, they may have pop-up roofs for easy animal viewing inside the parks and conservancies. The roads to and between the parks may have rough stretches and the journeys can be lengthy as tour vehicles are limited within parks to a maximum speed of 30-50 Kilometers per hour, so movement into parks may be sometimes slow and tiring.
  • Eliteways Travel and Safaris, does not guarantee animal sighting in the parks/attractions. Although our safari drivers are mandated to do their best to ensure animal spotting is possible, clients are reminded that most animals in parks are wild and spotting them is by chance. Driving off-road is a serious offence under Kenyan Law and is punishable to the driver as well as clients involved.
  • The airlines used to provide flights within and outside Kenya are subject to International Air Transport Association (IATA) rules limiting their liability; the limitations of liability may be (or sometimes not) contained on the reverse side of the airline ticket and, they form part of our terms and conditions. All baggage is carried at the passenger’s own risk, and Eliteways Travel and Safaris reserves the right to exclude certain baggage at its discretion should such a baggage be unacceptable.
  • In most of the safari lodges, electricity is provided by a generator and some lodges may turn them off during certain hours of the day or late at night until the following day.

NB: Water from taps in bathrooms is not suitable for drinking and bottled water provided or sold must be used for drinking and cleaning teeth.

 

  1. Law and Jurisdiction

These Booking Conditions are governed by the laws of Kenya and any action arising under them, or in any way connected with the travel arrangements booked, may be brought ONLY in a court in Kenya