Terms and Conditions
Plus travel insurance
Mukima Walking Safaris Ltd, t/a Kenya Treks
Terms and Conditions
- The following booking conditions form the basis of your contract with Mukima Walking Safaris Ltd t/a Kenya Treks of PO Box 84, Nanyuki 10400, Kenya with company number CPR/2013/116046. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
- These booking conditions only apply to arrangements which you book with us in Kenya and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to, “booking”, “contract”, or “arrangements” mean such arrangements unless otherwise stated. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “We”, “us” and “our” means Mukima Walking Safaris Ltd t/a Kenya Treks.
- To make a booking, you must complete our booking form. The first named person on the booking (“party leader”) must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By requesting the booking, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made. Any electronic acknowledgement of your booking is not a confirmation of it. Your booking will be confirmed, subject to the availability of your chosen arrangements, when we issue our confirmation invoice. This invoice will be sent to the party leader. 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. Please note: we only take payment by international bank transfer. Payment instructions will be emailed with your confirmation invoice. We do not accept credit card payments.
- Unless otherwise advised, you must pay a deposit of 20% of the total cost of the booking at the time of booking (or full payment if booking within 8 weeks of departure). The balance of your total booking cost is due no less than 8 weeks before departure. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case cancellation charges will be payable (see clause 5 below) from the date we reasonably treat your booking as cancelled. The price of your travel arrangements can be varied after confirmation due to changes in transportation costs such as fuel and scheduled internal flights, government changes in VAT or any other government imposed changes such as increases to park and conservancy fees as well as currency changes in relation to an exchange rate variation. In the case of any small increase, an amount equivalent to 2% of the price of your travel arrangements will be absorbed. If we have to increase the price of your travel arrangements by more than 10%, you may cancel and receive a full refund of all monies paid, except for an administration fee of US$10 per person. If any of our above mentioned costs decrease, a refund will be payable but only if the decrease exceeds 2% of the total cost of your holiday. Where a refund is due, we will pay you the full amount of the decrease. No surcharge will be applied or refund made less than 30 days before the start of your travel arrangements.
- If you need to cancel or amend a confirmed booking, cancellation/amendment charges will be payable. The amount of such charges varies according to the time your notice of cancellation is received by the supplier concerned before departure. The cancellation charges below will apply unless we inform you otherwise at the time of booking.
Period before departure that notice of cancellation is received :
More than 56 days Deposit only
56-30 days 50%
Fewer than 30 days 100%
- Many of the services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
- You are strongly recommended to take out personal travel insurance for all members of your party. Some suppliers require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you.
MPI Brokers have been tailoring Travel Insurance policies to suit the needs of the traveller for over 30 years, providing a range of products covering Travel, Ski, (annual and single trips) and Longer Stays. Please click on the MPI link below if you would like to arrange insurance online.
- It is your responsibility to check the requirements for passports and visas. Requirements for passports and visas may change and you are therefore strongly recommended to check the up to date position with the applicable passport office, embassy or consulate in good time before your arrangements commence.
- It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before your arrangements commence.
- If you have any complaints concerning any services we provide, you must inform us straight away in writing and in any event within 28 days of the end of any arrangements booked. We regret we cannot accept any liability if we are not so notified.
- If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
- If you or any member of your party has any medical condition or disability which may affect your booking or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your booking develops after your booking has been confirmed. If we feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.
- Should you wish to make any changes to your confirmed booking, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers will be payable. Changes may result in the recalculation of the booking price where, for example, the basis on which the price of the booking was calculated has changed.
- We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in marketing and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
- Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events will usually include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemic, fire, closure, restriction or congestion of airspace, airports and ports and all other events outside our control.
- When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
- We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the booking of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
- We will exercise reasonable skill and care in making the arrangements which form part of your booking. Except as stated otherwise in these terms and conditions we have no liability to you for the actual provision of the arrangements provided by our suppliers. Our total liability to you for the arrangements, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your booking shall be limited to the cost of the arrangements. You acknowledge and agree we are not liable to you, under any circumstances, for any loss of enjoyment, opportunity, profit, savings, revenue or interest or any other consequential or indirect, incidental, special or punitive loss, damage or expenses. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. Nothing in these terms and conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our own negligence, or the negligence of our personnel;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability which cannot be limited or excluded by Kenyan law.
- A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. We both agree that Kenyan law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”). We both also agree that any claim must be dealt with by the Courts of Kenya.
- The information contained on my website and in my other advertising material is believed correct to the best of my knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen arrangements (including the price) with me at the time of booking.