1. Introduction and Agreement
By booking a safari, flight, or travel package with Emalu Destinations Tours and Travel Ltd ("the Company," "we," "us"), you ("the Client") agree to be bound by these Terms and Conditions. These terms constitute the entire agreement between the Client and the Company.
2. Booking and Payment Policy
To secure a reservation, the following payment schedule applies:
Deposit: A non-refundable deposit of 30%–50% of the total tour cost is required at the time of booking to confirm reservations for hotels, lodges, and domestic flights.
Balance: The remaining balance must be cleared at least 30 days prior to the departure date.
Last-Minute Bookings: For bookings made within 45 days of departure, 100% full payment is required immediately.
Payment Methods: Bank Transfer (SWIFT/EFT), Mobile Money (M-Pesa), Credit/Debit Cards (Visa/Mastercard). Card payments may attract a surcharge of 3.5%–5% to cover bank processing fees.
3. Cancellation and Refund Policy
All cancellation requests must be submitted in writing via email and are effective on the date received. The following charges apply:
More than 60 days before travel: Deposit is forfeited or retained as a credit note for future travel (less administrative fees).
60–35 days before travel: 50% of the total tour cost is charged.
34–15 days before travel: 75% of the total tour cost is charged.
Less than 14 days before travel or No Show: 100% of the total tour cost is charged.
Non-refundable items include Gorilla Trekking Permits (Uganda/Rwanda), domestic flight tickets, and certain park entry fees, which are 100% non-refundable once booked.
4. Tour Alterations and Amendments
By the Client: Requested itinerary changes after confirmation are subject to availability and any additional costs or penalties imposed by hotels or airlines.
By the Company: The Company reserves the right to alter itineraries or accommodations due to unforeseen circumstances such as road closures, weather conditions, or overbooking. Suitable alternatives of similar or higher standard will be provided.
5. Pricing and Surcharges
Currency: Prices are quoted in USD or KES.
Price Increases: Prices are based on current exchange rates, tariffs, and taxes. The Company reserves the right to increase prices to cover additional costs such as government tax hikes, park fee increases (KWS), or fuel surcharges, even after confirmation.
6. Travel Documents and Health
Passports and Visas: Clients are responsible for holding valid passports (minimum 6 months validity) and required visas, including Kenya’s Electronic Travel Authorisation (eTA).
Health: Clients must meet all health requirements for their destination, including Yellow Fever vaccination and anti-malarial precautions.
Insurance: Comprehensive travel insurance is mandatory and must cover medical evacuation, trip cancellation, baggage loss, and personal injury.
7. Liability and Indemnity
Agency Role: The Company acts solely as an agent for transport providers, hotels, and airlines and is not liable for injury, delay, loss, or damage caused by third-party service providers.
Risk Assumption: Safaris involve inherent risks, including wildlife encounters and rough terrain. Clients voluntarily assume all such risks.
Baggage: The Company is not responsible for loss or damage to baggage or personal effects.
8. Force Majeure
The Company shall not be liable for failure to perform due to events beyond its control, including but not limited to natural disasters, war, terrorism, government actions, labor disputes, or interruption of essential services.
9. Photography and Marketing
The Company may use photographs or videos taken during tours for marketing purposes. Clients who do not wish to appear must notify the Company in writing prior to tour commencement.
10. Complaints
Any complaints during the tour must be reported immediately to the driver/guide or camp manager for on-the-spot resolution. Unresolved issues must be submitted in writing within 30 days after tour completion.
11. Governing Law
These Terms and Conditions are governed by the laws of the Republic of Kenya, and any disputes shall be subject to the exclusive jurisdiction of Kenyan courts.