TOURS TERMS & CONDITIONS

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Travelshoppe Tours – Terms & Conditions

Introduction

This agreement is made between Travelshoppe Company Ltd (hereinafter referred to as “TSC”) and the Client (which term includes the agent or individual making the booking). The agreement is subject to the following terms and conditions, which may be amended by TSC from time to time in TSC’s brochures, website, or other published materials. By making a booking with TSC, the Client is deemed to have read, understood, and agreed to be bound by these terms and conditions.

Tour Booking and Payment

Booking Method: All bookings must be made in writing or by email.
Deposit: A 50% deposit of the total tour cost is required at the time of tour confirmation.
Late Bookings: If a booking is made within 45 days of the tour commencement date, full payment shall be required immediately upon confirmation of services.
Group Bookings: For group bookings, a non-refundable deposit may be requested by TSC on a case-by-case basis.
Final Payment: Payment in full must be received by TSC no later than 40 days before the start of the tour arrangements (unless otherwise agreed in writing). TSC reserves the right to cancel any booking without notice if the Client fails to pay the balance by the due date. In the event of such cancellation due to non-payment, TSC may, upon the Client’s request, re-quote the tour (which could be subject to a price surcharge).
Price Adjustments: Upon receipt of full payment, TSC will provide the agreed services at the quoted price. However, TSC unconditionally reserves the right to adjust the price if compelled by any factor beyond its control (for example, significant tax changes, fuel surcharges, currency fluctuations, etc.).
Currency: The tour prices are generally quoted in a specific currency. If the Client wishes to pay in a different currency than the one invoiced, the Client should request the applicable rate of exchange from TSC prior to payment.

Cancellation & Amendments

Notification: All cancellations or amendment requests must be communicated to TSC in writing (e.g., via email or letter). The date of receipt of the cancellation by TSC (as determined by TSC, taking into account any communication delays) will be the effective date for calculating cancellation charges. The following cancellation fees shall apply:
- If a cancellation notice is received more than 30 days prior to the commencement of the tour, a cancellation fee equal to 30% of the total tour cost will be charged.
- If a cancellation notice is received 30 to 15 days before the commencement of the tour, a cancellation fee of 50% of the total tour cost will be charged.
- If a cancellation notice is received 14 to 7 days before the tour start date, a cancellation fee of 75% will be charged.
- If a cancellation notice is received within 6 days of the commencement of the tour (including any time after that up to departure), a cancellation fee of 100% will be charged.
Peak Periods: Please note that during certain peak travel periods or special events, the above standard cancellation policy may not apply. In such cases (e.g., where TSC has had to make full non-refundable payments to hotels or lodges well in advance), any cancellation may incur up to 100% cancellation charges regardless of the notice period. TSC will advise the Client at the time of booking if any special cancellation terms apply to the particular tour period.
Refund of Deposit: TSC will apply any tour deposit paid by the Client against the applicable cancellation fees. If the cancellation fees are less than the deposit paid, the remaining balance of the deposit (if any) will be refunded to the Client.
No-Shows & Unused Services: There are no refunds for any unused portions of the tour program. This includes situations where a Client does not show up for the tour, joins late, leaves early, or decides to skip any scheduled tour activities; no refunds will be made for such missed services.
Amendments: If the Client requests an amendment or alteration to a booked tour (for example, changes in dates, itinerary, or number of participants), TSC will endeavor to make the changes with minimal or no extra cost. However, the Client will be liable for any unavoidable costs or penalties incurred due to the amendment. Any request for changes must be made in writing, and TSC’s ability to accommodate changes may be subject to availability and the policies of third-party suppliers.

Included in Tour Cost

Transportation: All ground transport during the safari/tour as specified in the Final Operating Itinerary (FOI) is included. This includes transfers and game drive transportation as outlined in the itinerary.
Accommodation: Lodging as specified in the FOI is included, whether in hotels, lodges, camps, or other establishments, on the basis indicated (e.g., bed & breakfast, half-board, full-board, or all-inclusive) as per the itinerary.
Sightseeing & Activities: All sightseeing tours, park entrance fees if expressly stated, and game drives explicitly listed in the FOI are included. (Any optional tours or activities not listed will be at the client’s expense.)
Domestic Flights: Any domestic or internal flights that are mentioned in the FOI are included (usually economy class, including taxes, unless otherwise specified).
Taxes and Service Charges: Government hotel taxes, hotel service charges, and airport service charges that are applicable to the included services in the FOI are included in the tour cost.

Excluded in Tour Cost

International Travel: International airfare to and from the tour’s start/end point, and any related departure taxes or airport charges, are not included unless specifically stated in the FOI.
Entry Visas & Personal Expenses: Visa fees, passport fees, vaccination costs, and any personal expenses are not included. Personal expenses include but are not limited to: beverages, meals not specified in the itinerary, laundry, telephone calls, internet usage, souvenirs, and other incidentals.
Hotel/Resort Extras: Supplementary charges that may be imposed by hotels (for example, holiday season surcharges, minibar consumption, room service, or other amenities) are not included, unless explicitly stated. Such costs are to be borne by the Client.

Park Fees & Conservancy Timing :All fees for entry into national parks, reserves, or private conservancies—including daily park entry, conservation levies, vehicle permits, security and ranger fees, and any local surcharges—are imposed and levied solely by the relevant Kenyan authorities or conservancy management and are not under the control of Travelshoppe Company Ltd (“TSC”). These fees are typically paid by the Client directly at park gates or online platforms at the time of entry or departure, depending on local policy. Clients are responsible for ensuring awareness of the following timing rules set by each park or conservancy:
In Masai Mara National Reserve, the “12‑hour rule” applies: entry and exit must occur within a 12‑hour window (commonly 06:00 to 18:00), and any departure after 10:00 AM the following day by road—or after 10:00 AM at the internal airstrip—will be considered an additional day and subject to a full-day park fee surcharge by the County Government of Narok. This rule is strictly enforced by permit inspectors and compliance surveillance equipment.
Nairobi National Park is open daily from 06:00 to 18:00, with the latest permitted entry at 17:15—entry or exit outside these hours is prohibited for security reasons.
In many private conservancies (e.g. Ol Pejeta, Naboisho, Mara North), daily entry permits may be valid for a full 24‑hour period (especially for overnight guests), after which re‑entry fees apply. Spectators or guided activities such as night drives or walking safaris may incur additional charges beyond those of the main park body. Clients should consult conservation authorities or TSC-provided itineraries for specific species, fee structures, and timing rules applicable to their destination. TSC cannot be held liable for misunderstandings or additional fees resulting from non‑compliance with these locally enforced park policies.

Optional Tours: Any tours, activities, or excursions not specified in the FOI (or labeled as “optional”) are not included and will be at the Client’s own expense. If clients choose to engage in any optional activities, these will be governed by the terms of the respective service providers.

Accommodation and Tour in General

Single Rooms: TSC does not guarantee the availability of single or private rooms, even if such a request is made at booking. Single room supplements may apply. If a single room is requested and confirmed, but later becomes unavailable for reasons beyond TSC’s control, TSC will attempt to substitute with equivalent accommodation; any single supplement paid would be refunded if the single room cannot be provided.
Substitution of Facilities: TSC will endeavor to book and confirm the exact hotels, lodges, or camps as specified in the itinerary. However, TSC reserves the right to substitute accommodation with a similar category alternative if the situation so necessitates (for example, due to overbooking, closure, or unforeseen maintenance at the originally confirmed facility). Any substitution will be of equal value whenever possible.
Changes to Itinerary: TSC also reserves the right to change any route or arrangement, or cancel the operation of any scheduled tour, if conditions make such changes necessary. This could be due to factors such as weather, road closures, safety concerns, political disturbances, or any other circumstances beyond TSC’s control. In making such changes, TSC will offer substitutes of equal value when feasible.
Right of Refusal: TSC reserves the right to decline to accept or to retain any person as a member of any tour at any time if, in TSC’s judgment, that person’s presence negatively affects the enjoyment, safety, or welfare of the tour group or the individual. In the event a person is removed from a tour, TSC will refund an equitable portion of the tour cost that corresponds to unused services (if any), minus any costs that are non-recoverable.
Client’s Acceptance of Changes: If TSC proposes alternative arrangements (such as a different hotel or modified itinerary) in circumstances beyond its control and the Client chooses not to accept these alternatives, TSC will not be liable for any claims or losses arising from the Client’s refusal. Any costs arising from the Client’s decision to deviate from the scheduled tour (e.g., arranging their own transport or accommodation) will be the Client’s responsibility.

Transportation

Safari Vehicles: TSC shall provide appropriate transport for the tour, which may include 4×4 safari Land Cruiser jeeps, safari minibuses (vans), coaches, aircraft, or other vehicles as it deems necessary or as specified in the itinerary. Safari vehicles are typically outfitted with pop-up roofs for game viewing and are driven by experienced driver-guides. The type of vehicle provided for game drives or transfers will depend on the group size, route conditions, and tour category.
Vehicle Subcontracting: TSC reserves the right to subcontract transportation services or use alternate transport operators if required. All outsourced transportation will be vetted for safety and reliability standards. While TSC will ensure that outsourced vehicles meet our quality requirements, TSC will not be held liable for any shortcomings on the part of third-party transport providers, except as required by law.
Seat Belt & Safety: The Client is required to wear seat belts where available and adhere to all safety instructions given by the driver or guide. There may be occasions when clients are traveling in remote areas without immediate access to emergency services; by participating in such travel, the Client accepts the inherent risks involved.

Client’s Insurance and Responsibilities

Adequate Travel Insurance: The Client must obtain adequate travel insurance coverage before the commencement of the tour. This insurance should cover at minimum: personal accident and injury, medical expenses, evacuation and emergency repatriation, loss or damage of personal property, trip cancellation or curtailment, and any other potential losses. The Client acknowledges that if they fail to purchase travel insurance, they are doing so at their own risk and are responsible for any costs arising from incidents that a reasonable travel insurance policy would have covered.
Travel Documents: The Client is responsible for ensuring that all personal travel documents are valid and in order. This includes (but is not limited to) passports (with at least six months validity from the return date and sufficient blank pages), visas for all destinations and transit points, and any required health/vaccination certificates (such as yellow fever certificates if required). TSC will provide necessary information or support letters for visa processing upon request, but obtaining and carrying the correct documents is the Client’s sole responsibility.
Flight Reconfirmations: If the tour involves any flights (international or domestic) that the Client is taking separately from the tour package, the Client is responsible for reconfirming those flight reservations at least 72 hours before departure (or as recommended by the airline). This applies especially to return or onward flights. Failure to reconfirm may result in the cancellation of a flight by the airline.
Special Requirements: The Client must inform TSC at the time of booking (or as soon as possible) of any special requirements or medical conditions they have. This includes dietary restrictions, disabilities, health issues, or any other condition requiring special accommodation or attention. TSC will make reasonable efforts to cater to special requests (such as arranging special meals or ground floor rooms, or notifying guides of mobility issues), but it cannot guarantee that all requests can be fulfilled. TSC is not liable for any failure to accommodate special needs when such arrangements are beyond its control.
Conduct and Compliance: The Client is expected to behave in an orderly and acceptable manner and not to disrupt the enjoyment of others on the tour. The Client must comply with the instructions of the tour guide/driver and local laws. If the Client causes damage to property or injury to others, he/she will be held liable for the costs and consequences of the same.

TSC’s Responsibilities

Agent Role: TSC acts as a tour operator and booking agent on behalf of the Client. This means that TSC arranges travel services (transportation, accommodation, meals, guided tours, etc.) provided by independent suppliers (hotels, airlines, safari guides, etc.). While TSC selects reputable suppliers and takes all reasonable care in making arrangements, TSC does not own or operate most of the third-party services used in the tour. Therefore, TSC shall not be liable for personal injury, property damage, or other loss that may occur due to wrongful, negligent, or arbitrary acts or omissions on the part of a third-party supplier.
Quality of Subcontracted Services: TSC will sub-contract the best available services for transportation, accommodation, and other tour components. In the event of any shortfall in the provision of any service by a sub-contracted supplier, TSC’s liability (if any) will be limited as described in the “Limit of Liability” section of these terms. TSC will, however, make efforts to resolve any issues that arise during the tour and to ensure the tour continues as smoothly as possible.
Own Services: In cases where TSC directly owns or operates a facility or service (for example, a lodge, camp, or transportation service owned by TSC), TSC will be directly responsible for the quality of that service and any negligence arising from its operation, to the extent provided by law and these terms.
Tour Execution: TSC is responsible for assembling the tour as described in the itinerary. If any significant changes are needed, TSC will inform the Client as soon as reasonably possible and provide alternatives of comparable quality (see “Accommodation and Tour in General” above for possible changes). TSC will provide experienced driver-guides or tour managers where applicable and will ensure that all itineraries are planned for safety and enjoyment. However, the Client should understand that travel in wilderness areas or developing regions may not always proceed as scheduled due to unforeseen factors, and a degree of flexibility is expected.

Refunds

Unprovided Services: If TSC is unable to provide any pre-paid service or tour component due to TSC’s own negligence or other fault (for example, a booked accommodation was not provided and no alternative of equal standard was arranged, or a paid-for activity was missed due to TSC’s error), TSC will refund the Client the value of that service, or a proportionate amount of the tour cost, as appropriate. Any such refund for shortcomings in services provided by TSC will be determined on a case-by-case basis.
Third-Party Refunds: Refunds for any services or portions of the tour that are missed or not delivered as promised due to third-party failures (such as airline cancellations, hotel overbookings, etc.) will be subject to the terms and conditions of those third-party suppliers. TSC will assist the Client in seeking any due refunds from those suppliers but does not guarantee recovery of funds.
Cancellation Refunds: Refunds due to tour cancellation by the Client (when applicable under the Cancellation policy above) will be processed less any cancellation fees. If the Client is entitled to a refund of any monies after deduction of cancellation charges and any non-refundable components, TSC will endeavor to process such refund within a reasonable period. Any bank charges or fees incurred during the refund process will be borne by the Client.
No Refund for Unused Services: As noted under “Cancellation & Amendments,” no refunds will be made for any unused tour services or portions of the trip voluntarily skipped by the Client.

Limit of Liability

Inherent Risks: The Client acknowledges that certain tour activities carry inherent risks. These include, but are not limited to: wildlife viewing (with risks of animal attacks or encounters in the wild), walking safaris, hot air ballooning, light aircraft flights, mountain climbing, white-water rafting, and other adventure or outdoor activities. By undertaking such activities, the Client accepts all associated risks. TSC shall not be liable for death, injury, or incident that arises from participation in such inherently risky activities, except in cases of willful negligence by TSC. (Clients are again reminded to have appropriate insurance coverage for such activities.)
Force Majeure and Other Uncontrollable Events: TSC will not be responsible for any loss, damage, or expense due to causes beyond its reasonable control (force majeure events or acts of God). These include but are not limited to: illness or epidemic, quarantine restrictions, weather extremes or natural disasters (such as floods, earthquakes, hurricanes), strikes or labor disputes, war or armed conflict, terrorism, civil disturbances or riots, government actions or border closures, and changes in government regulations (including immigration or customs rules). If such events occur, TSC will endeavor to make alternative arrangements so as to minimize impact on the tour, but any costs incurred due to such unforeseen events will be borne by the Client.
Travel Delays and Cancellations: TSC is not liable for any delays or cancellations in transportation services (flights, trains, road transport, etc.) that are beyond its direct control. Any additional costs resulting from travel delays (such as extra hotel nights, meals, or rebooking fees) are the Client’s responsibility. TSC will assist in providing documentation for travel insurance claims in such cases.
Indirect or Consequential Loss: In no event shall TSC be liable for any indirect, incidental, or consequential losses or damages (such as lost profits, lost opportunities, or emotional distress) arising from the tour or these terms and conditions. The maximum liability of TSC for any claim whatsoever (for breach of contract, negligence, or any other cause) will not exceed the total amount paid by the Client for the tour in question.

Data Protection & Privacy

Compliance with Data Protection Laws: TSC is committed to protecting the Client’s personal data. Travelshoppe Company Ltd is a registered Data Controller with the Kenya Office of the Data Protection Commissioner (ODPC), in compliance with the Kenya Data Protection Act, 2019. Any personal information provided by the Client will be processed and stored in accordance with this law and TSC’s Privacy Policy.
Use of Personal Information: The personal data collected from the Client (such as names, contact information, passport details, etc.) will be used solely for the purpose of arranging and executing the Client’s travel bookings and enhancing the travel experience. This may include sharing relevant details with airlines, hotels, government authorities (if required for visa or entry purposes), and other service providers strictly on a need-to-know basis.
Data Security: TSC implements appropriate technical and organizational measures to safeguard personal data against unauthorized access, alteration, or destruction. However, the Client understands that no data transmission or storage system can be guaranteed as completely secure.
Privacy Policy: For more detailed information on how TSC collects, uses, and protects personal data, the Client should refer to Travelshoppe’s Privacy Policy and Privacy Notice (available on TSC’s website or upon request). By agreeing to these Terms & Conditions, the Client also acknowledges having read (or had the opportunity to read) TSC’s privacy disclosures.
Consent: By providing personal data to TSC, the Client consents to its use and processing for the purposes described above. The Client also consents to receiving essential communications from TSC related to their booking (such as e-tickets, itineraries, updates, and feedback requests). The Client may withdraw consent for marketing communications at any time by notifying TSC. (Withdrawal of consent for processing personal data that is necessary for providing the tour services may affect TSC’s ability to fulfill the booking, in which case a cancellation may need to be treated as initiated by the Client.)

Laws of the Land

Governing Law: This agreement and any disputes or claims arising from it shall be governed exclusively by the laws of the Republic of Kenya.
Jurisdiction: The Client and TSC agree that the courts of Kenya shall have exclusive jurisdiction to hear and determine all disputes, suits or actions (of whatever nature) arising out of this agreement or the Client’s tour. The Client agrees to submit to the jurisdiction of the Kenyan courts for this purpose.
Severability: If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Waiver: The failure of TSC to enforce any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. No waiver by TSC of any breach of these terms by the Client shall be deemed a waiver of any other existing or future breach.

By booking a tour with TSC, the Client acknowledges that they have read and understood the above Terms & Conditions and agree to abide by them. Safe travels and enjoy your experience with Travelshoppe!