Terms & Conditions
All
references to the ‘‘Company’’ in
these terms and conditions shall
mean DIWAKA Tours & Travel, a
limited liability company
incorporated in Kenya. All
references to ‘‘Clients’’ shall mean
the person, firm or Company
contracting with the company for
services (hereinafter defined) to be
provided by the Company to such
person, firm or company and shall
also mean and include any person in
any party accompanying or paid for
by such person, firm or Company and
the personal representative and
states of all such persons.
The
expression ‘‘client’’ in these
conditions shall not apply to a
person, firm or company booking
through a tour organizer, retail
agent or third party.
These
terms and condition shall apply to
all contracts made by the Company
with a Client. No subsequent
agreement in any way altering these
terms and conditions shall be
binding on the company unless made
in writing and signed by an
authorized officer of the Company.
(1)
Tour arrangements:
The
Company will use their best
endeavours to ensure that the
transport, accommodation, meal and
other agreed services (herein called
‘‘Services’’) provided are fully in
compliance with the services which
the company have contracted to
provide but the liability of the
Company for breach of contract is
restricted to liability where by the
negligence of themselves, their
servants or agents all or some
Services are not provided in which
event the Company shall compensate
the Client only for the actual costs
of the Service which were to have
been provided excluding all
consequential damage whatsoever and
wheresoever suffered or incurred
including but not limited to the
cost of air fares to and from Kenya
and tanzania or any other
incidental or indirect costs
whatsoever. In cases of any failure
to provide any service contracted
for, the Company shall have the
right to substitute alternative
services of equal value subject
always to such services been
available.
Without prejudice to the generality
of the foregoing: -
-
The Company accepts no
liability in the event of
services not being carried
out or being altered by any
matter whatsoever beyond
their control. Such matters
include but are not limited
to the closure of National
park, Sanctuaries, Lodges,
and roads, the impassability
of roads and such like
matters and the Company
reserves the right to make
such alterations to the
itinerary when in their sole
judgement it is deemed
necessary or desirable for
the comfort, convenience or
safety to clients.
-
The Company accepts no
liability for alleged
inferior or inadequate
Services or transportation
vehicles nor for the
negligent, careless or
wrongful acts or omission of
hotel keepers, inn keepers,
lodge keepers and such like
persons and their servants
and agents or any other
person not in the employment
of the Company.
-
The Company accepts no
liability for damages
directly or indirectly
arising out of delay in
departures or arrivals
occasioning the missing of
road, rail and ship or
aircraft connections.
-
The Company accepts no
responsibility for airline
reservations and
reconfirmations nor any
liability for damages
arising from any changes of
airline schedule,
cancellation of flights or
errors and mistakes made by
the by airline offices or
travel agents. As regards
all dealings with or for any
client relating to or
touching upon air travel,
airports, air bookings,
travel agents and airline,
the Company legal
relationship and standing is
merely that of an
intermediary between such
third parties and the client
without any liability being
to or for either parties
such negation and waiver of
liability being in all
respect a pre-condition of
all contracted relationship
between the client and the
Company. In consequence
Clients are advised to
protect their interest by
insurance and careful
attention to all
documentation supplied to
them by all such third
parties.
-
The Company accepts no
responsibility or liabilty
in the event that Services
of equal value have been
offered to Clients are
declined.
-
The Company may in their
discretion employ
sub-contractors to carry out
all or part of the services
in which event the
exemptions provided by this
condition and condition 7
and 8 below for the benefit
of the company shall be
deemed to apply also to the
sub-contractor.
GORILLA PERMITS
IN UGANDA:
Only when payment has been received
can permits for gorilla tracking in
the relevant National Park be
purchased. Getting a gorilla permit
is not a guarantee of seeing a
gorilla. Local conditions sometimes
mean that access to the gorillas is
made impossible at short notice. We
are unable to accept liability for
any circumstance that might lead to
gorilla viewing being cancelled,
whether it is closure of the
National Park or borders; absence of
the gorillas; security changes.
Refunds are at the discretion of the
relevant authority and we cannot
accept liability for them. We shall
use our maximum endeavours to obtain
a refund and if a refund is paid by
the relevant authority, we shall
pass it on to the client.
(2)
Price variation:
Prices
are valid for the periods shown but
the Company reserves the right to
increase all or any of the prices
without prior reference to the
Client in any of the following
events:
-
Official devaluation or
revaluation of the Kenya,
Tanzania and Uganda shilling
as against the United States
Dollar, the Sterling Pound
or the currency of the
country in which the booking
is made (if different);
-
Any statutory increase in
taxes or other dues imposed
by the Kenya, Tanzania and
Uganda Governments or any
officer or agent thereof;
-
Any increase in Kenya,
Tanzania and Uganda in the
price of aviation fuel or
motor vehicle fuel or any
other increase in the cost
of transport which forms
part of the services;
-
Any increase in the cost of
accommodation or meals
forming part of the
services;
-
Any increase in entrance
fees to national
parks,national reserves and
sanctuaries and any other
entrance fees forming part
of the Service;
-
Any other increases in the
company operating costs or
cost of providing the
Services which are beyond
the Company control and
which the Company has every
reasonable effort to
prevent.
(3)
Deposit and payment:
A
deposit of 30% is required on
booking and the balance to be paid
not later than 35 days before the
Services commence. Where bookings
are made less than 35 days before
commencement of the tour, the whole
amount is payable upon confirmation.
(4)
Cancellation:
In the
event of cancellations or variation
of services for whatever reasons the
Company shall be entitled to charge
cancellation fees as set out
hereunder:
-
Cancellation received
between 35 days and 14 days
prior to commencement of
Services shall be charged at
25% of the total cost of
Services.
-
Cancellation received
between 14 days and 2 days
(48 hours) prior to
commencement of Services
shall be charged at 50% of
the total cost of service.
-
Cancellation received within
2 days (48hours) or after
commencement of services
shall be charged at the full
(100%) cost of services.
The
liability of reimburse of the
company for the cancellation fees,
non refundable booking fees, no show
fees, administration fee and the
like shall in no way limit or
restrict the general rights of the
company to collect damages for
breach of contract.
(5)
Non-payment by the date for
commencement of services:
In the
event that the Company has not
received payment in full by the Date
for Commencement of services then
the Company reserves the right in
its absolute discretion to withhold
all or any part of the Services and
the Company shall be entitled to
collect the outstanding payment from
the client direct and to recover
from the client all cancellation
fees which they are entitled to
charge as per paragraph 4 above. The
Company shall not be required to
notify the client prior to the date
of commencement of Services that the
services or any part of the Services
will be withheld.
(6)
Insurance:
-
The company is insured
against any legal liability,
which may arise out of
injury or death to the
client in accordance with
and to the extent required
by the Laws of Kenya, Uganda
and Tanzania.
-
The company insurance does
not cover illness, medical
expenses, damage to or loss
of baggage and consequential
damages arising from any of
these or at all and Clients
are advised to effect their
own insurance prior to their
arrival in Kenya, Uganda and
Tanzania such insurance to
cover as a minimum death,
personal injury, medical
expenses, damage to or loss
of baggage and consequential
damages arising in the event
of any one of the foregoing.
Please enquire from the
company if you have not
effected your own insurance
for assistance.
(7)
Injury illness and other risks:
The
Company accepts no liability for the
injury illness, infection or death
of a client, which is not covered by
the company insurance referred to in
condition 6 above.
(8)
Loss of or damage to property:
The
company accept no liability
whatsoever for the theft of or other
loss or damage to the property of
any client howsoever caused.
(9)
Other general sales agents:
Any
other duly appointed General Sales
Agent are merely Agents for the
Company and all contracts entered
into by the Organizers shall be
deemed to have been made directly
with the Company. All contracts made
other than directly with Company are
subject to ratification by the
Company.
(10)
Governing law:
These
terms and condition shall be read
and construed in all respects in
accordance with the Law of Kenya,
Tanzania, Uganda and the company and
the client shall submit to the
exclusive jurisdiction of the Kenya,
Uganda and Tanzania courts. |
