Diwaka Tours & Travel
Aqua Plaza, 4th Fl.
P.O. Box 17001-00100, Nairobi - Kenya
Telephone: +254.20.268.5134 / +254.20.375.0391
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.
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.
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.
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 Laws of Kenya and the company and the client shall submit to the exclusive jurisdiction of Kenya.