TERMS AND CONDITIONS
We are Amazon Adventures and Safaris Limited and we look forward to the opportunity to act as your booking agent for your travel needs. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. These terms and conditions regulate the business relationship between the Company and the Customer. By using our Website, you agree to be bound by them.
The Client and Authority
The person requesting quotations or estimates or making a booking or to whom any services are rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client(s)’).
Booking Enquiries & Reservations
Once the Client has filled in all applicable fields to initiate an enquiry regarding a particular destination, trip, tour or mode of travel on the Travel Agent’s or has responded to an advertisement verbally or in writing, via e-mail or the internet or has, without reference to any of the aforesaid, asked for more details telephonically (collectively referred to as ‘the Enquiry’), the Website, or the Travel Agent will prepare and provide the Client with an estimated cost of the Enquiry (online, by e-mail or telephonically).
This Estimate is accepted by the Client when the Client proceeds with the steps as specified on the Website or accepts the Estimate verbally over the phone or via email. Full payment of the total value of the Estimate (‘the Price’) as specified in the Estimate is required in order to confirm reservations with Principals (‘the Booking’).
Once the online Booking or Booking affected by the Travel Agent has been completed and the Client has authorized Amazon Adventures and Safaris Limited to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of their Booking (‘the Booking Confirmation Form’).
In the case of air tickets, full payment for the Booking needs to be made by midnight Kenyan time on the day that the Booking was made in order to guarantee the fare quoted according to the Booking Confirmation Form.
Payment and Payment Terms
The full payment is due immediately by Mpesa, Airtel Money, Yu Cash, Visa, Master Card, Electronic Funds Transfer or Cash Deposit at a bank, whichever is applicable. If the full payment is not received by midnight Kenyan time on the day that the Booking was made, the Travel Agent or Third Party Service Provider (as the case may be) involved reserves the full right to cancel the Booking. In the event that payment has been made after the aforementioned deadline, the Client will be liable for any difference in price should the Client still want to proceed with the Booking at the higher price.
Amazon Adventures and Safaris Limited is a Kenyan company and all transactions are processed in Kenyan Shillings or United States Dollars. All payments shall therefore be made in the equivalent local currency in accordance with the prevailing conversion rate as published from time to time by the Agent. Therefore conversion charges may be levied by your merchant bank if payment is made from another country and/or in another currency other than Kenyan Shillings or United States Dollars. This fee is driven by the global treasury of the applicable credit card and is impacted by the change in daily exchange rates.
Prices are quoted at the ruling daily exchange rate. Until the Travel Agent has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. Airfares are subject to the price and conditions quoted by the airlines.
However, once payment of the Price in full has been received, the Price is guaranteed provided that the payment was made by midnight on the day that the Booking was made. Should the Client be a group booking and the group number deviates from the number required for the Booking, the Principal may reserve the right to re-cost the Price and raise a surcharge.
Should any Client refuse to accept and pay such surcharge, it may result in the Principals cancelling the Booking and retaining any payment made. The Travel Agent will be entitled to retain any service fees charged. The time of payment shall be of the essence.
The service fees cover the costs incurred by the Travel Agent in booking and servicing your travel reservation.
It is the entirely the Client’s responsibility to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria, yellow fever ) and the like, where required, have been obtained.
The Client is strongly advised to check the relevant requirements with the Travel Agent before travelling. The Travel Agent will endeavor to assist the Client but such assistance will be at the Travel Agent’s discretion and the Client acknowledges that in doing so, the Travel Agent is not assuming any obligation or liability and the Client indemnifies the Travel Agent against any consequences of non-compliance.
It is extremely important that you take out Travel Insurance. It is ESSENTIAL that this insurance covers you for involuntary cancellation of your holiday including airfare(s). At the time of entering your credit card details on the booking form you are agreeing that you have read both the Amazon Adventures and Safaris Limited & Insurance Terms & Conditions.
Full amount is due at time of booking and policy issued within 5 working days of payment being received. Until dates of birth are known we cannot issue the policy as mandatory requirement. Cover only commences when paid in full and policy issued.
In the event of the Client cancelling the Booking, the Travel Agent shall have the right to either claim an amount or to retain an amount of the payment and claim damages suffered by the Travel Agent. The Principals may reserve the right to cancel any services prior to departure, in which event the entire payment for the ticket will be refunded to the Client without any further obligation on the part of the Travel Agent. The Travel Agent will charge a fee for processing the request for refund. If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
Limitation of Liability
The Travel Agent, its officers, directors, servants or agents will under no circumstances be liable for any claim, loss, damage or injury suffered by any person whether to the person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Travel Agent, unless such claim is due to the gross negligence of the Travel Agent.
You agree to indemnify us and our affiliates from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
This agreement is governed by the laws of Kenya. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
The Client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and Amazon Adventures and Safaris Limited as a result of this agreement or use of this Website.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
All the terms and conditions displayed on this Website constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Travel Agent or otherwise that is not included herein.