6 Day Luxury Lodge Safari: Amboseli, Tsavo West, Tsavo East, Mombasa

Terms and Conditions

The following Terms & Conditions apply to all bookings.

Please take time to read carefully, they are written to protect your interests. You are bound by these Terms and Conditions, herein set out, upon issue of payment confirmation of deposit, whether by electronic mail or post. (You should accept these terms only if you have carefully read and understood the contents).

1. Your Agreement

1.1 - Your agreement is with Gracepatt Ecotours Kenya When you make a booking you confirm that you have the authority to accept, and do accept these terms and conditions as set out below. If at the time of booking you are aged 17 years or under these terms & conditions of booking must be accepted by your legal guardian. Please read these conditions carefully as you will be bound by them.

1.2 - If you book a program with us, once your place has been confirmed we will accept responsibility for it in accordance with these Booking Conditions.

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2. Prices and Payment

2.1 - The deposit amount for this program is 50%, The moment we receive your deposit we start processing your application and, therefore, it is non-refundable. Upon payment of your deposit to Gracepatt Ecotours Kenya you will be sent a confirmation of receipt, the terms and conditions of your booking, and details of the due dates of further payments. The balance of your booking must be paid no later than 8 weeks prior to Nairobi arrival date, or if you apply within 8 weeks of your Nairobi arrival date, the full amount will be required on receipt of confirmation of your place. You must make payments by their due date. If we do not receive all payments due in full and on time we reserve the right to treat your booking as cancelled by you and retain all deposits paid, or due at that time.

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3. Confirmation Invoice

3.1 - On receipt of your booking and all appropriate payments, we will, subject to availability, confirm your arrangements by issuing a booking confirmation, and/or invoice. Please check the details of your confirmed booking carefully. Please contact us immediately if any information, which appears on the confirmation, or any other document, appears to be incorrect or incomplete, as it may not be possible to make changes later.

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4. Insurance

Gracepatt Ecotours Kenya requires that you take out travel insurance for your trip. It is a mandatory condition of booking that every traveler must have travel insurance in force for the entire duration of the safari. This insurance must be adequate and appropriate for your placements and personal needs, and it must cover the cost of repatriation, including air evacuation costs, should such a situation necessitate it. You must provide details of your insurance policy (policy number, insurer and emergency assistance telephone numbers) at least 2 weeks prior to your Nairobi arrival date. It is your responsibility to ensure that you are

adequately insured, as we will not check your policy. Gracepatt Ecotours Kenya accepts no responsibility for the loss of, or damage to, personal property or valuables. Insurance to cover the loss of baggage and valuables is also highly recommended.

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5 If you change your booking

5.1 - Should you wish to make any changes to your confirmed arrangements, you must notify us as soon as possible. Any such request must be in writing from the person who made the booking. We will do our best to meet your request.

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6. If you cancel your booking

6.1 - You may cancel your arrangements at any time. Should you need to cancel your chosen arrangements you must immediately advise us in writing. Notice of cancellation will only be effective when it is received in writing by us.

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All deposits are non-refundable and non-transferable. Program arrangements require GRACEPATT ECOTOURS KENYA to make financial commitments on Participant’s behalf in advance of the arrival date. When GRACEPATT ECOTOURS KENYA receives Participant's written cancellation, a cancellation fee will be incurred. The amount of the cancellation fee is determined by the number of days prior to Participant's arrival date that the written cancellation notice is received and is specified as follows:

GRACEPATT ECOTOURS KENYA SAFARI COSTS AMOUNTS REFUNDABLE:

1. On or before 30 days prior to arrival - 50% of safari cost - loss of deposit

2. 29 days to 14 days prior to arrival: 25% of safari costs

3. 13 days or less prior to arrival: 0% of safari costs

Once on the safari, in the event you decide to discontinue the safari before it is due to end, for any reason, there will be no refund.

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7. If we change/cancel your trip

7.1 - It is unlikely that we will have to make any changes to your safari but we do plan the arrangements many months in advance. Occasionally we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest opportunity. A minor change is any change which, taking account of the information you have given us at the time of booking, or which we can reasonably be expected to know, we could not reasonably expect to have a significant effect on your confirmed trip.

7.2 -The whole philosophy of our safari, as outlined on our website, is one which allows some alternatives and a degree of flexibility. The project information given for each safari must therefore be taken as an indication of what you should accomplish, and not as an obligation on our part. When necessary, we reserve the right to make minor alterations to a safari without notice, including to the itinerary, activities, accommodation, and amenities due to the changeable environmental conditions in which we operate. These alterations may be made if in our reasonable opinion it be regarded as essential to provide due care, or to ensure the satisfactory progress of the safari, but are not limited to these reasons. Changes in itinerary may be caused by local political conditions, mechanical breakdown, road conditions, weather, sickness and other

unforeseeable circumstances. No refunds will be given for services not utilized.

7.3 - We will endeavor to let you know, as soon as we can, if through no fault of your own we are forced to significantly alter your safari. Should your safari be interrupted by events that we could not reasonably have anticipated and the event significantly affects your safari, we will endeavor to find an alternative safari as soon as is reasonably possible. You have the right to accept, or decline the alternative. Under these circumstances, refunds will not be made and any travel costs incurred will be your responsibility. We do not accept liability for any safari changes, or cancellations, as a result of “force majeure”, for example war or threat thereof, terrorism, fire, sickness, bad weather, acts of government or local authority, acts of God . Except in the case of extraordinary circumstances beyond our control we will not cancel a fully subscribed safari.

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8. Force Majeure

8 .1 - We will not accept liability, or pay any compensation where the performance, or prompt performance of our obligations is prevented, or affected, or you otherwise suffer any loss, or damage, due to circumstances that come under the definition of 'force majeure'. In these booking conditions 'force majeure' means any event that we, or the supplier of the services in question, could not foresee, or avoid, even with all due care. Such events include, but are not limited to war, the threat of war, insurrection, riots, strikes, civil action decisions by governments or governing authorities, natural disaster, bad weather, technical or maintenance problems with the transport, criminal and terrorist acts or similar circumstances beyond our control.

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9. If you have a problem or complaint

9.1 – We will provide you with a safari representative who will be responsible for your orientation and organising your transport to and from the Project. They are there for any support you may need regarding local advice, emergency issues and to resolve any issues you may have regarding your placement.

9.2 - If you feel that you have reason for complaint during your safari it is your responsibility to ensure, at the earliest possible opportunity, that any perceived failure in the performance, or improper performance, of the agreement, whether by Gracepatt Ecotours Kenya is communicated to the safari representative or provider, and simultaneously inform us by email, fax, or telephone, so that the concerns can be addressed promptly and whilst you are still on the safari. Failure to do so will affect our ability to investigate the complaint and your rights under the agreement. Until we know about a problem or complaint, we, or the provider, cannot begin to resolve it.

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10. Our Liability to You

10.1 - We will only pay compensation if, after your Nairobi arrival, your safari, or travel arrangements, booked through us, are not provided as described in your safari information, due to the fault of our employees, and if this has significantly affected your experience and your enjoyment of it. Subject to paragraphs (i), (ii), (iii), (iv) below, we will accept liability in accordance with package travel regulations. When signing these terms and conditions, both parties recognise that you are not an employee of Gracepatt Ecotours Kenya.

i. Nothing in these conditions is intended to exclude, or limit, our liability to you if death or personal injury is caused by our negligence, or that of our employees (providing they were at the time acting within the course of their employment). Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part, given the environment you have agreed to participate in, or that of our suppliers in performing our obligations under the contract.

ii. We will not be responsible for any claim arising as a result of any, or all, of the following;- 1) the fault of the person(s) affected or any member(s) of their party or

2) the fault of a third party not connected with the provision of your safari which we could not have predicted, or prevented, or

3) the fault of anyone who is not carrying out work for us (generally or in particular) at the time, or

4) an event or circumstance that we or the supplier(s) of the service in question could not have predicted or prevented. This may include (but is not limited to) an occurrence of force majeure, as described in these booking conditions.

iii. In respect of travel by sea, rail and air, and the provision of accommodation, our liability will be governed by and limited in accordance with the relevant international conventions. The provisions of these Conventions and any other convention in force at the time of your trip are incorporated into these booking conditions and form part of this agreement.

iv. In respect of claims for death and personal injury we will not be liable for any loss of profit, or loss of business, or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage.

10.2 - The services and facilities included in your package will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.

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11. Supplier Conditions of Carriage

11.1 - Locally arranged transport is used at times during the safari. You agree to also abide by the terms and conditions of all such carriers related to the trip.

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12. Behaviour

12.1 - A booking is accepted on the strict understanding that you undertake to comply with the laws, customs, foreign exchange, drug and all other regulations of Kenya during the safari, as well as all hygiene, safety and security rules.

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13. Marketing Materials

13.1 - Any likeness, or image of you, secured, or taken, on any of our safari may be used by the Company without charge in all media for bona fide promotional or marketing purposes, such as in brochures, slides, video shows and the internet. By participating in our safari you are agreeing to waive any rights to these images, or comments made and agree that they may be used by Gracepatt Ecotours Kenya in future promotions.

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14. Passports and Visas

14.1 - It is your responsibility to be in possession of a valid passport, or health documents, as required, for the entire duration of your safari, and to ensure that you meet the entry requirements of the country that you are travelling to. The name in the passport must match the name on your ticket. We cannot accept liability, or consider refunds if you cannot travel, because of incomplete, or incorrect documentation.

14.2 - You need to apply for evisa tourist Online visa before traveling Kenya . If you break the conditions of your visa whilst you are on your safari, for example undertaking any work for which you are paid without an appropriate Visa, and as a result you are asked to leave the country, you will not be entitled to any refund, or alternative placement.

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15. Health & Travel Advice

15.1 - Any information, or advice provided on matters such as visas, medications, vaccinations, climate, clothing, baggage, special equipment, permits, specific itinerary details etc, is given in good faith to the best of our knowledge at the time, but without responsibility on the part of Gracepatt Ecotours Kenya as to individual requirements for specific trips.

15.2 - In the interests of health and safety, you must comply with the following requirements. If you fail to comply with any of the following, we will not be held liable:

i. You must visit your GP, or reputable travel clinic, several months prior to arrival in order to find out what vaccinations you may require and to ensure these are administered within plenty of time. ii. You must ensure you have all necessary medication/prescriptions.

iii. It is your responsibility to check any country related travel advice before embarking on your trip. Specifically any advice issued by the British Foreign and Commonwealth Office: www.fco.gov.uk.

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16. Flights & Transfers

16.1 – It is your responsibility to arrange and pay for any flights to and from Nairobi Jomo Kenyatta international Airport. We cannot be held responsible for any action, negligence, or event relating to the purchase, or operation of flight tickets, or flights. Further, Gracepatt Ecotours Kenya will not be responsible for any costs, or refunds, due to changes, or delays in flights.

16.2 – Gracepatt Ecotours Kenya will arrange to meet you upon your arrival at Nairobi Jomo Kenyatta International Airport, subject to you providing full details of your flight and arrival time in advance as required in the safari details. If you experience a flight delay, or cancellation, there may be additional costs payable.

16.3 - In the event that your placement is cancelled or postponed, due to circumstances beyond our control, we cannot be held responsible for any additional expenses incurred. This includes any flight, travel, or other costs including, but not exclusive to, any charges made by the airlines for cancelling, changing, or transferring flights, or other arrangements.

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17. Safari Specifics

17.1 - You agree to advise us of flight arrival details and of any changes that may be made to your arrival details at the earliest possible opportunity. Should you arrive outside the agreed start date/time for your safari, or do not advise of your correct arrival details, you may have to cover transfer costs.

17.2 – Bed and breakfast accommodation will be arranged for you in Nairobi for one night only at the start and end of each safari where specified within individual safari details. It is your responsibility to confirm with us that this is included in your booking fee and to advise us of any special dietary requirements.

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18. Data Protection

18.1 – We will maintain records of all applicants for the sole purpose of any agreements with our clients for the provision of safari services and associated necessary communications. No information will be shared or available to any third parties for any purpose outside of this.

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19. Governing Law

IN ACCEPTING THESE GENERAL TERMS AND CONDITIONS YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THEM.