STANDARD BOOKING TERMS AND CONDITIONS
These conditions apply to all bookings with Benuki safaris
STANDARD BOOKING CONFIRMATION:
By sending a booking request you confirm to have read these booking conditions and agree to be bound thereto.
Benuki Safaris only accepts booking requests through in writing/per email. Booking requests through telephone, skype or other form of communication are not accepted. Benuki Safaris will start to confirm your arrangements upon receipt of your booking request and upon receipt of your deposit payment. Confirmations will not be made for Benuki Safaris before the deposit payment has reached Benuki Safaris accounts under any circumstances.
A booking is made once Benuki Safaris has sent a written/email confirmation of the booking to you
Benuki Safaris reserves the right to refuse bookings at its sole discretion and all Bookings are subject to full compliance with these terms.
SAFARI TOUR QUOTES/PRICE RATES:WHAT IS NOT INCLUDED
Benuki Safaris quotes/price Rates will not include the below listed expenses in connection with the itinerary as follows;
- International flight charges from any client’s country of origin.
- Visa charges.
- Airport taxes paid in Kenya or abroad.
- Gratuities (Tips).
- Charges on beverages, laundry, optional excursions and other items of personal nature.
- Any other extras to be specified
DEPOSIT AND PAYMENTS:
A deposit of 20% of the invoice amount (or greater if specified in your quotation according to 3rd party deposit requirements, date of travel etc) must be received by Benuki safaris in order to confirm your travel arrangements and the remainder must be in one Benuki safaris bank accounts at least 60 days prior to the date of arrival (in accordance with the payment terms below).
If a Booking is made within 60 days of the date of arrival, the full invoice amount has to be paid within 5 days of the date of the Booking
Notwithstanding the below cancellation policy and any other rights it may have, Benuki Safaris may release all arrangements in your Booking in the event of non-compliance hereof and may charge a penalty interest of 10% per annum on any overdue amounts (without becoming liable for damages). Any applicable bank charges are for your expense and Benuki safaris is entitled to offset due amounts with any amounts received from, or held on behalf of, you on whatever grounds.
CANCELLATION OR NO SHOW:
- From Confirmation up to 61 days prior to arrival – 20% of the invoice amount (the non-refundable deposit) will be payable
- 60 to 31 days prior to arrival – 50% of the invoice amount will be due and payable
- 30 days or less prior to arrival – 100% of the invoice amount will be due and payable
- No refunds will be made in case of late arrival or no show
- No amount over and above the deposit amount will be due and payable if, upon reasonable proof, the customer is unable to honour his/her booking due to death or hospitalisation of the person for whom, or for whose benefit the Booking was made.
All prices and rates are quoted and invoiced in US$ and all payments must be made in US$. Payment in other currencies will only be accepted by pre-arrangement.
WEIGHT AND LUGGAGE RESTRICTIONS:
These limits are applicable when travelling on light air scheduled services on a seat rate basis:
Passengers weighing more than 100kg must advise us well in advance of travel as an extra seat will have to be costed into the package for safety purposes.
Luggage is restricted to (maximum in a soft bag/s including camera equipment and carry-on luggage) 15kg/ per person unless otherwise specified
If these limits above are exceeded, kindly note that the additional costs incurred will be for your account.
CHANGES IN RATES
Under normal circumstances Benuki Safaris wishes to respect agreed rates, but reserves the right to change the rates and terms at any time due to circumstances out of its control (such as, but not limited to, fuel prices, exchange rates, camping/concession fees, service levies or tax increases). In case of material changes caused by government bodies and/or other similar bodies that cannot be influenced by Benuki Safaris that would lead to severe losses endangering economically sustainable operations it reserves the right to also change the rates on confirmed and paid Bookings. Any 3rd party rate increases after Confirmation – such as, but not limited to, changes in prices of flights booked – will be fully payable by you.
By booking with Benuki Safaris you specifically accept the responsibility to ensure, and warrant, that all your clients individually are adequately insured (also considering the inherent risk involved in going on safari and travelling in wildlife areas) for amongst others cancellation, medical assistance, evacuation, damages and repatriation. While every care is taken to ensure the health of our guests, Benuki Safaris accepts no liability if a guest contracts COVID-19, or any other illness, during their travels in East Africa.
You hereby confirm that you have informed your clients that they are obliged to, and you guarantee that they will, sign a customary indemnity form including their medical insurance details upon arrival. You are aware of and agree to the contents of such form.
Benuki safaris will do its utmost to assist in minimizing the disruption of itineraries booked through Benuki Safaris in case of cancellations, changes or delays due to any of its 3rd party service providers, however any costs incurred in relation thereto will be borne directly by you or your client.
a) “Force Majeure” means, in relation to the Companies, any circumstances beyond the reasonable control of the Companies (including, but without limitation, war or threat of war, sabotage, civil disturbance, or requisition, acts of God, fire, accident, flood or explosion, sickness, quarantine, Government intervention, weather conditions or other untoward occurrences).
b) If the ability of the Companies to provide the services booked is affected by Force Majeure then they shall as soon as practicable notify you of the nature and extent thereof.
c) The Companies shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
d) If the either of the Companies is affected by Force Majeure it shall be entitled to and may in its absolute and sole discretion, cancel or vary any arrangements or itinerary in relation to the safari. Payment of any refund by the Company as a result of the non-performance of any of the Company’s obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavors to reimburse you where possible. However, the Company shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Company of the Force Majeure.
e) Regarding Civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in either of the Companies sole and absolute discretion whether to proceed with the safari. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, either of the Companies is of the opinion that the trip may proceed, no refund will be payable to you and the provisions under refunds will apply.
HEALTH AND ENTRY REQUIREMENTS
You ensure and warrant that each member of your party travelling has complied with the necessary visa and health requirements to cover all countries and dates that you are travelling with or booked through Benuki Safaris. It is the sole responsibility of you that required travel documents and health precautions are obtained. While every care is taken to ensure the health of our guests, Benuki Safaris accepts no liability if a guest contracts COVID-19, or any other illness, during their travels in East Africa.
PHOTOGRAPHY AND MARKETING
Benuki Safaris reserves the right without giving further notice, and you hereby permit us, to make use of any photographs or films produced by ourselves during your stay with us for general publicity purposes without payment or permission.
Failure of Benuki Safaris to enforce any provision of these booking conditions shall not constitute a waiver of such provision or affect Benuki safaris right to enforce that or any other provision in the future. If any provision of these booking conditions is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
COMPLAINTS AND PROBLEMS:
We do our best to give you an enjoyable, trouble-free safari tour but occasionally even the best-laid plans can go wrong. In the event of a problem whilst you are on a safari tour with us, please inform your tour planning manager via email, lodge/ camp manager and your tour driver / guide immediately. This gives us the opportunity to correct the issue on the spot so that it does not spoil your Safari. If the matter cannot be resolved immediately, please send details of your complaint to us in writing within 10 days of your return from your holiday. It is therefore a condition of this contract that you communicate any problem to the authority in question whilst on tour. If you fail to follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the problem on site.
DISPUTES AND GOVERNING LAW
It is a condition of making a reservation with the Benuki Safaris ltd and its related services with other companies that the client/guest agrees that these terms and conditions constitute a contract under Kenyan Law and the client/guest agrees irrevocably to the exclusive jurisdiction of the Kenyan Law Courts and that in the event of any dispute or action of any kind against the companies that dispute or action shall be heard under the Kenyan Law and the Kenyan Courts, Any claims in relation to a Booking or these conditions (including reservations, payments) should be made in writing/email to Benuki Safaris as soon as possible, but in any case within 10 days of its occurrence, to allow us to assist in solving the issue jointly in good faith.