Booking Terms and Conditions
1. Registration
By making a Booking with WE Safari’s, you agree that You are aware of the nature and contents of this agreement and that You, the other persons participating in the Booking and Your Associates are bound thereby.
You also agree to be the designated contact person for all other persons participating in the Booking and represent and warrant that You have the capacity and authority to enter into this agreement on Your own behalf and on behalf of the other persons.
Registration is complete once WE Safari’s has received an initial, non-refundable, deposit of 30% of the total Booking price, or otherwise as outlined at the time of Booking. Please note that all reservations are binding.
Provisional Bookings can be held for 14 days only, pending receipt of a deposit to secure the Booking.
You confirm that during Your Itinerary, you will behave in a way that is not disruptive, upsetting, or dangerous to Yourself or anyone else and You will follow the reasonable requests of the Itinerary leader or Enkishui Safari Camp Manager. WE Safari’s will be able to terminate Your participation on Your Itinerary if Your behaviour is believed to be in breach of this obligation and in such circumstances, WE Safari’s will have no further liability to You.
2. Payment Terms
Payment of Your deposit is due no later than 2 weeks post the completion of a provisional Booking form or Booking reservation. Failure to pay the deposit within this period could result in cancellation.
The balance of the Booking price is payable 60 days before departure. Should an alternative deposit or payment arrangement be agreed upon, WE Safari’s will confirm the details of the payment schedule via email.
In the event that a Booking is made within 2 months of departure, the full Booking price is payable within 5 working days from the completion of a provisional Booking form or Booking reservation.
Should payment not be made within the abovementioned periods, penalty charges may apply and WE Safari’s reserves the right to cancel Your Booking without incurring any liability to You.
*Please note, Amex and Diners credit cards will attract a 2% surcharge, which will reflect upon invoicing. Visa and Mastercard do not attract an additional charge.
3. Price Modifications
WE Safari’s reserves the right to increase the price of a Booking if cost increases arise due to changes in reserve park fees and conservation levies, transportation costs, taxes, customs or other fees, including fluctuations in exchange rates. WE Safari’s will notify You of any such change promptly.
4. Cancellation and Refund Policy
Cancellations are only effective upon receipt of written notification.
Cancellation fees will be charged as follows:
- If cancellation occurs more than 60 days before planned departure, the full deposit value will be non-refundable;
- If cancellation occurs less than 60 days but more than 30 days before planned departure, the full deposit value will be non-refundable and 30% of the total Itinerary price shall be charged.
- If cancellation occurs less than 30 days before departure, the full deposit value will be non-refundable and 100% of the total Booking price shall be charged.
The above policies apply to all services rendered by WE Safari’s. However, Suppliers may have different cancellation fees and policies which apply to their services and which may be more onerous depending on their terms and conditions (which You agree to be bound by). This would be dealt with on a case by case basis.
5. Itinerary Changes
WE Safari’s reserves the right to change an Itinerary, or accommodations as conditions warrant, or otherwise due to weather conditions, lodge availability, political conditions, road conditions, transportation delays, government intervention, sickness and other factors beyond our control, without consulting You.
It is understood that such decisions will be made in Your best interests and considering the safety of all staff. WE Safari’s shall not be liable for any refunds or for any damage, loss or expense in the event of a change as aforesaid.
6. Itinerary Cancellations
WE Safari’s reserves the right to cancel an Itinerary or Booking. Such a decision will be made 60 days prior to departure of the Itinerary.
In the event of such a cancellation, all payments made relating to the Itinerary will be refunded and WE Safari’s will not be liable for any other damage, loss or expense, including but not limited to expenses incurred by You in preparing for the Itinerary, non-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees or other Itinerary related expenses.
You will not be entitled to the abovementioned refund in the event that the Itinerary is cancelled as a result of force majeure or acts of God.
7. Medical Information
A Booking at Enkishui Safari Enkishui Safari Camp requires that You are in generally good health. It is essential that any medical, mental, physical or other condition or disability as well as any dietary restrictions are made known to WE Safari’s before departure. The Itinerary leader and/or Enkishui Safari Camp Manager has the right to disqualify You at any time during or before the Itinerary if he/she feels You are physically incapable or if Your continued participation will jeopardise either Yourself or the safety of the staff and guests.
There will be no refund given under these circumstances. By completing the Booking reservation, You certify that You do not have any dietary restrictions, mental, physical or other condition or disability (other than those made known to WE Safari’s) that would create a hazard for Yourself or other guests.
WE Safari’s is not responsible for the accuracy of any medical information supplied by You or which WE Safari’s or a Supplier supplies to health care providers on Your behalf. You should consult with a doctor for up-to-date requirements and personal recommendations well before embarking on the Itinerary.
8. Travel and Medical Documents / Accurate Information
You are responsible to ensure that You have all appropriate travel and medical documents, including, but not limited to, passports, travel permits, parental travel consent forms and vaccination certificates. It is Your responsibility to report on time for all travel arrangements and to ensure that You have all travel tickets and documents. In the event that You fail to do so, WE Safari’s is not responsible for any additional costs incurred as a result thereof including, but not limited to, all costs associated with an extended stay or repatriation.
You are responsible for the accuracy of all information concerning the Booking, including dates, spelling of names, dietary requirements, airline and travel reservations and Itinerary particulars. You are required to read all travel documentation carefully and notify WE Safari’s of any errors or omissions in advance of the departure, provided that such notification shall not mean or imply any transfer of responsibility or liability for such errors or omissions to WE Safari’s. WE Safari’s is not responsible for loss, damage or injury arising from any shortfall, error or omission in the information provided during the Booking process or subsequent delivery of the Itinerary.
9. Delays
WE Safari’s is not responsible for any airline schedule or airfare changes, cancellations, overbooking or damage to or loss of baggage and property. You must make all claims for any loss or injury suffered on any airline directly with the airline involved.
All departure times stated on any Itinerary or tickets are estimates only. WE Safari’s is not liable for any delays or additional costs incurred arising from any part of the Itinerary not running on schedule.
10. Insurance and Additional Expenses
You must be covered by adequate travel and medical insurance for the duration of Your entire travel, including, but not limited to, the duration of Your Booking, all Activities and all subsequent Bookings. The insurance should, at a minimum, cover cancellation to the full value of the Booking and all subsequent Bookings, curtailment, interruption, medical and emergency expenses (including repatriation), personal accident, injury, illness and death. In addition, You should be insured against loss or damage to baggage, camera equipment, personal possessions, money, flight delays and cancellations for any reason. It is recommended that You consult with an insurance provider to identify any additional coverage available.
In case of a medical problem arising during Your time in Enkishui Safari Camp, which results in costs for medical treatment, evacuation, use of aircraft or repatriation, the responsibility for payment of these costs belongs solely to You. If not covered by travel insurance the responsibility still remains with You and WE Safari’s specifically declines any responsibility whatsoever.
Should WE Safari’s pay for any of the aforesaid on Your behalf (which WE Safari’s may do at its own discretion, without obligation and without admission of liability) You or Your Associates will be directly liable to reimburse WE Safari’s.
You will also be liable for any extended periods of stay and/or the additional use of facilities and services, irrespective of the cause of the extension.
11. Limitations and Liability
“Harm” shall mean and include any injury (bodily or otherwise), illness, death, disability, damage, loss, expense, cost, theft, damage to property, delays, cancellations or any other adverse consequence, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages.
You confirm that You are aware of and appreciate that there is a real risk of suffering Harm as a result of the hazards, dangers and risks which are inherent in or associated with the Destination Area, the Itinerary and the Activities, including but not limited to:
- the presence of wild, unpredictable and dangerous animals, insects, reptiles and sea creatures and their propensity to behave in ways that may cause Harm;
- the presence of poisonous, toxic or harmful plants and objects that may cause Harm;
- the prevalence of diseases and the risk of suffering Harm as a result thereof;
- the risk of Harm arising from being exposed to rain, wind, cold, heat, sun or other natural elements;
- the risk of Harm arising from travel in remote locations, which usually have poorly maintained infrastructure, or from conveyance in or on any vehicle or other mode of transport (open or closed) on roads and/or over uneven and rough terrain , in the bush or wild, in the air or on water, including, but not limited to: the potential for Harm arising from travelling at speed over uneven and rough terrain, which is often required when viewing migration river crossings; the potential for vehicle or other transportation accidents; the potential for Harm arising from the incorrect or negligent operation of machinery, equipment, vehicles, aircraft, watercraft and other forms of transportation, and/or from any defects therein; risks associated with traversing obstacles, rivers, streams, lakes, the ocean and other bodies of water that may be affected by weather, tides and other circumstances;
- the risks associated with undeveloped or partially developed countries and jurisdictions, including the unavailability of reliable electricity and communications, and problems associated with limited or unavailable health, safety and security services;
- the risk of Harm arising from natural disasters, uncontrollable or unforeseen events, or adverse weather conditions;
- The potential for other persons to behave in a negligent or reckless manner that may contribute to injury to themselves or others, and the potential for theft or loss of any property;
-
(collectively “Risk/s”)
You acknowledge and voluntarily accept and assume responsibility for all Risks.
You also confirm that You are aware of and appreciate that in addition to the abovementioned Risks, there are additional specific risks of Harm associated with each Activity. It is Your responsibility to become acquainted with these risks before participating in the Activities and You voluntarily accept and assume all responsibility for said risks.
By proceeding with Your Booking, You agree and bind Yourself and Your Associates as follows:
- You participate in the Itinerary and the Activities voluntarily and entirely at Your own risk. You and Your Associates release and discharge WE Safari’s and the Supplier from any liability, claims, actions, proceedings, disputes, complaints and controversies (collectively “Claim/s”) which You or Your Associates may have against WE Safari’s or the Supplier by reason of any matters or cause whatsoever, including Harm arising from, directly or indirectly, any Risks or otherwise arising from, directly or indirectly, Your participation in the Itinerary and/or Activities, unless arising as a result of the gross negligence of WE Safari’s (collectively “Cause/s”).
- You undertake to indemnify, defend and hold WE Safari’s harmless and free from any and all Claims made by any of Your Associates relating, directly or indirectly, to the aforementioned Cause/s.
- You are aware that WE Safari’s does not own, operate or control any Supplier and that all Suppliers are independent to WE Safari’s. You agree that WE Safari’s is not liable for any negligence, gross negligence, wilful act, omission, financial failure or any other act or default of a Supplier.
13. Protection of Personal Information Policy
In terms of the Protection of Information Act, 4 of 2013 (POPIA), WE Safari’s has a legal duty to process Your and/or vendors shared information in a lawful, legitimate and responsible manner. For more information, please refer to our Privacy Policy Page
14. Representations or Warranties
You agree that You shall not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty made by WE Safari’s (whether innocent or negligent) in respect of Your Booking or any other services. WE Safari’s does not make any express or implied warranties, endorsements, or representations whatsoever as to the operation of the Itinerary or other services to You including, but not limited to, representations (implied or otherwise) as to the animals which will be seen on the Itinerary, licenses, certificates, regulatory or governmental authorisations.
15. Waiver
You acknowledge that all statements made and/or information given by WE Safari’s are provided in good faith and are not to be construed in any way as a waiver of the terms and conditions referred to in this agreement.
16. Entire Agreement
You understand and agree that this agreement (read with the contents of other documents issued by WE Safari’s in connection with the relevant Booking, and its other standard terms and conditions as published on its website at (www.enkishuisafaricamp.com) constitutes the entire agreement between You and WE Safari’s. You also acknowledge that You may be subject to additional terms and conditions when using, purchasing or accessing other services, affiliate services or third-party services during the Itinerary.
17. Variation of Terms and Conditions
WE Safari’s reserves the right to modify, update and vary its terms and conditions from time to time at its sole discretion and without any notice other than publication on its website (www.enkishuisafaricamp.com). Changes to these terms and conditions become effective on the date they are posted on www.enkishuisafaricamp.com and You agree to be bound by them. No other variation, novation or cancellation of this agreement shall be binding unless reduced to writing and signed by You and an authorised representative of WE Safari’s.
18. Severability
Each provision of this agreement shall be regarded as a separate and severable provision which is separately enforceable. In the event of any one or more of the provisions being found to be invalid or unenforceable, then that or those provisions shall be severed from this document and the remaining provisions shall continue in full force and effect.
19. Governing Law / Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter, validity or formation, as well as any non-contractual disputes or claims between WE Safari’s, You and/or Your Associates and any other matter in connection with any Itinerary shall be governed by and construed in accordance with the laws of Kenya. You and Your Associates irrevocably agree that the courts of Kenya (to whose jurisdiction You and Your Associates hereby irrevocably consent) shall have exclusive jurisdiction.
20. Glossary
“Activity/ies” shall mean and include all activities provided or arranged by WE Safari’s or a Supplier, including all activities related (whether directly or indirectly) to game drives, viewing migration river crossings, quad- or motor-biking, balloon trips, walking safaris, animal interactions, canoeing, rafting, boating, launches, landing, scuba diving, snorkelling, swimming, fishing, skin diving, surfing, kayaking, paddleboarding, kite surfing, cultural visits, nature walks, hiking, spa treatment and bicycling as well as travelling, whether on foot, horseback or by vehicle, watercraft or aircraft, to or from or within Destination Areas, and any associated Itinerary, entertainment or leisure activities.
“Associates” shall mean and include Your spouse (including any common law wife/husband), life partner, children and dependants (minor or adult), heirs, executors, successors-in-title, estate, beneficiaries, trustees, administrators, assigns and agents.
“Destination Area” shall mean and include all Itinerary, wildlife, leisure, entertainment and other areas where WE Safari’s or Suppliers carry out operations or do business.
“Supplier” shall mean and include any contractor, subcontractor, service provider or other entity with whom WE Safari’s makes arrangements to provide goods or services.
“Itinerary”, “reservation” or “Booking” shall mean and include a package of products and services including, without limitation, safaris, accommodation, meals, entertainment, retreats, events, travel, concierge services, recreational and leisure trips and Activities, and further includes incidental, associated or other goods and services provided by WE Safari’s or Suppliers, as set out in Itinerary and other documents furnished by WE Safari’s or Suppliers from time to time.
“WE Safari’s” shall mean and include WE Safaris and Photographic Ltd as well as all of the companies connected with it in a network of direct and indirect shareholdings (whether holding, subsidiary, associated or affiliated) and including, without limitation, all of the companies, organizations, trusts, associations and entities that are directly or indirectly owned, managed and/or controlled by companies in the abovementioned network, and further including all shareholders, directors, members, trustees, employees, agents and representatives of the companies, organizations, trusts, associations and/or entities that form part of the said network.
“Enkishui Safari Camp” shall mean the tented camp operation, run and managed by WE Safaris and Photographic Ltd. The camp is physically located within the Mara Triangle Conservancy, Masai Mara, Kenya. WE Safaris and Photographic Ltd has the sole lease rights over this particular site, as stipulated in the leasehold agreement with the Mara Conservancy.
“You/Your/Yourself” shall mean a collective reference to the person(s) that will participate in the Itinerary, and shall include each person referred to in a Booking or accompanying such person(s) (as an invitee or otherwise).
21. Interpretation
Words Importing:
any one gender includes all other genders;
the singular includes the plural and vice versa; and
natural persons include created entities (incorporated or non-incorporated) and vice versa.
This agreement shall not be interpreted against the party/ies responsible for drafting it.
The use of the word “including”, “specifically” or “particularly” shall not be construed as limiting the meaning of the words preceding them to the one or more words or examples following them, and the meaning of general words will not be restricted by the use of more specific words.
Where a conflict exists with regard to the provisions of this agreement and any other agreement or document, the provisions of this agreement shall prevail.
Where words, expressions or phrases used in this agreement indicate or imply a document that is physically written (such as a paper document) then such words, phrases and expressions shall be deemed to include words and documents in electronic format.
The termination or expiry of this agreement shall not affect those provisions which expressly provide that they will continue to operate after such termination or expiry, or those provisions which of necessity must continue to have effect after such termination or expiry, even where those clauses do not expressly provide for this.