Terms and Conditions
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A. SAFARIS, TRIPS, TRANSFERS, EVENTS, AND RETREATS
1. Booking and Payment
- All bookings to Africa Unlocked Tours and Travel must be confirmed in writing, accompanied by a deposit of 30% of the total tour cost. The remaining balance must be paid 2 days before the departure date.
- For last-minute bookings (within 1-2 days of the departure date), full payment is required at the time of booking.
- Payment can be made via bank transfer, credit/debit card, or other methods as communicated by Africa Unlocked Tours and Travel.
2. Cancellation and Refund Policy
- Cancellations must be made in writing. Any safari deposit paid shall be refunded less the cost of cancellation fees levied by hotels and administrative costs as below.
- More than 45 days before departure: Full Refund
- 30 to 45 days before departure: 20% of the tour cost.
- 14 to 30 days before departure: 30% of the tour cost.
- 6 to 14 days before departure: 60% of the tour cost
- Less than 5 days before departure: No refund.
- Refunds will not be issued for any services not utilized due to changes made by the client after the tour has commenced.
3. Travel Insurance
- All clients must have comprehensive travel insurance covering personal accidents, medical expenses, baggage loss, trip cancellation, and any other potential risks. Africa Unlocked Tours and Travel is not responsible for any costs incurred as a result of inadequate insurance coverage.
4. Changes and Modifications by Africa Unlocked
- Africa Unlocked Tours and Travel reserves the right to make changes to the itinerary due to unforeseen circumstances such as weather conditions, government regulations, safety concerns, force majeure, and client last-minute bookings. In such cases, Africa Unlocked Tours and Travel will provide suitable alternatives without any additional cost.
- All itineraries are priced based on number of adults attending. Items such as vehicle transport charges are charged on adults. Children only pay for necessary items such as park entrances and accomodation where applicable. In cases where children exceed adults, the rates may be revised to indicate this.
- Any significant changes will be communicated to the client as soon as possible.
5. Client Responsibilities
- Clients are responsible for ensuring that they meet all entry and visa requirements for Kenya. Passports must be valid for at least 6 months from the date of entry, and relevant visas must be obtained before travel.
- Clients must inform Africa Unlocked Tours and Travel of any health issues, dietary restrictions, or specific requirements either at booking or at a more convenient time before the trip.
- For pickup at hotels or other forms of accommodations, Africa Unlocked Tours and Travel provides a 30-minute maximum wait time for cost-sharing clients and a 50-minute wait time for private groups in case the client(s) cannot be reached by phone, email, or any other means of communication initiated or requested by the client(s) on booking. Africa Unlocked Tours and Travel will not be liable for missed activities or tours due to delays or no-shows.
- For trips that do not include hotel/accommodation pickup, it is the client’s responsibility to arrive at the designated meeting point on time. Africa Unlocked Tours and Travel will not be liable for missed activities or tours due to delays or no-shows.
6. Liability
- Africa Unlocked Tours and Travel acts only as an agent for hotels, lodges, restaurants, road transport providers, professional guides, air charter services, boating, rafting, kayaking, bush walking, trekking, climbing activities and other service providers. Africa Unlocked Tours and Travel is not liable for any injury, loss, damage, delay, or inconvenience caused by these third parties.
- Africa Unlocked Tours and Travel will not be held responsible for any accidents, injuries, or illnesses that occur during the trip.
- All bookings with Africa Unlocked Tours and Travel are subject to the limitations of liability imposed by the underlying operators involved in the trip.
- Any claims related to the trip must be submitted in writing within 30 days of the trip’s conclusion.
7. Force Majeure
- Africa Unlocked Tours and Travel shall not be held responsible for any delays or changes to the itinerary due to natural disasters, acts of war, strikes, civil unrest, epidemics, or other circumstances beyond our control. In such cases, refunds or compensations will be determined based on the situation and in accordance with the service providers' policies and terms and conditions.
8. Photography and Marketing
- Africa Unlocked Tours and Travel may take photographs or videos during the tour for promotional purposes. By participating in the tour, clients agree to allow their likeness to be used in such materials. If clients prefer not to be photographed, they must inform us in writing before the tour.
9. Complaints
- If clients encounter any issues during their trip, they must inform the tour leader or representative as soon as possible to resolve the matter. If the issue is not resolved during the trip, a formal written complaint must be submitted to Africa Unlocked Tours and Travel within 14 days of the tour's conclusion.
10. Governing Law
- These terms and conditions shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from these terms and conditions will be subject to the exclusive jurisdiction of the Kenyan courts.
11. Privacy Policy
- Africa Unlocked Tours and Travel respects the privacy of its clients and is committed to protecting personal information. We do not share personal data with third parties except where necessary for the operation of the tour or as required by law.
12. Payment of a deposit will indicate an acceptance of these booking conditions by the passenger/client
B. BICYCLES AND EBIKES RENTAL AGREEMENT
1. Cancellation Policy:
Africa Unlocked Tours and Travel works to provide clients with well serviced and fully functional equipments. That said, cancellation due to unforeseen circumstances are handled as follows:
- More than 72 hours prior to scheduled pickup (No cancellation fees)
- Between 24 and 48 hours prior to scheduled pickup (20% of total rental cost)
- Less than 24 hours prior to scheduled pickup (50% of total rental cost)
- Failure to collect e-bike on agreed-upon date (100% of total rental cost)
Notice Period:
Please provide us with a minimum of 72 hours’ notice for any cancellations or changes. If you fail to do so, we may not be able to accommodate your request.
Refunds:
In case of cancellation or rescheduling, refunds will be made in accordance with the above fees. Refunds will be processed within 3 working days and credited back to the original payment method.
Responsibilities:
As a client, you are responsible for:
- Providing accurate information when making a booking
- Notifying us of any changes or cancellations in a timely manner
- Ensuring that all payments have been made before collecting the e-bike
- Providing the agreed-upon e-bike model and services
- Ensuring that the e-bike is in good working condition at the time of handover.
- Respecting your right to cancel or change your booking, as per this policy
Acknowledgement:
By renting a bicycle or e-bike from us, you acknowledge that you have read, understood, and agreed to our cancellation policy. If you have any questions or concerns, please do not hesitate to contact us.
2. INDEMNITY FORM
**INDEMNITY AGREEMENT**
This Indemnity Agreement (“Agreement”) is made and entered into on (DATE mentioned on the submitted form) by and between Africa Unlocked Tours and Travel, a Comapany registered under the laws of Kenya (herein after referred to as “Company”), and (CLIENT’S NAME mentioned on the submitted from), an individual (hereinafter referred to as “Client”).
**RECITALS**
WHEREAS, the Client has rented from the Company one or more bicycle or eBike; and WHEREAS, the Client understands that riding a bicycle or eBike can be hazardous and may result in physical injury, death, or property damage; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
**DEFINITIONS**
1. **“eBike”** means an electric bicycle rented by the Client from the Company.
2. **“Bicycle”** means a manual cycling equipment rented by the Client from the Company for tour purposes.
3. **“Rental Period”** means the period during which the bicycle or eBike is rented to the Client.
**INDEMNIFICATION**
The Client agrees to indemnify, hold harmless, and defend the Company, its officers, directors, employees, agents, and affiliates (collectively referred to as “Company Parties”) against any claims, demands, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: - Any accidents, injuries, or deaths suffered by the Client or any third party during the Rental Period; - Any damage or loss to the bicycle or eBike or its accessories caused by the Client’s negligence or willful misconduct; - Any claims made against the Company Parties by third parties arising from or related to the Client’s use of the eBike/Tour Vehicle.
**RELEASE**
The Client releases and discharges the Company Parties from any liability for: - Any damages, losses, or injuries suffered by the Client during the Rental Period; - Any claims made against the Company Parties by third parties arising from or related to the Client’s use of the bicycle or eBike.
**GOVERNING LAW**
This Agreement shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the Chartered Institute of Arbitrators, Kenya Chapter.
**ENTIRE AGREEMENT**
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings. By signing below, the Client acknowledges that they have read, understood, and agreed to be bound by the terms of this Indemnity Agreement.