TERMS AND CONDITIONS
This contract between Pongezi Africa Safaris and the client and/or the tour agency regarding the provision of services will be exclusively governed by these general conditions. The same are issued to the client at the time of reservation of services (or request for inscription) and together with other documents issued to the clients constitute the contract of the tour between Pongezi Africa Safaris and the client and/or tour agency. The payment for the tour booking implies the acceptance by the interested parties of the full application of these general conditions and those of respective providers of related services. All the legal implications derived from these general conditions will be subjected to the judicial system of the Republic of Kenya.
REQUEST AND PAYMENT FOR A BOOKING:
The estimated price at the moment of request of services remains subject to
changes without any prior notification, as result of the possible changes owing
to causes not imputable to the parties. All the amount of money paid before the
final confirmation are perceived as advance/deposit and does not in any way
mean the confirmation of the final price nor of the requested services. The
final confirmation of the price and the services will be given with the
issuance of the receipt of payment for the same. The adjustment of the final
price and the subsequent payment of the emergent balance must be paid 15 day
before the departure date for the tour, contrary to that, Pongezi Africa
Safaris reserves the right to cancel the booking without prior notification,
and with interested party will have no right to any refund. The established
final price according to the previous guidelines will only be changed in case
of official increment of transport rates that affect the means to be used.
BOOKING AND INSTALLMENT OF PAYMENT:
The bookings are assured upon the payment of a deposit of 50% of the total cost
of the tour requested and the services included in the same. The balance must
be paid once the booking has been confirmed, 30 days before the departure date
of the tour. The clients and/or tour agency that make a booking within 30 days
before the departure date must make full payment within next 15 days after the
confirmation of the booking. All bookings done with less than 30 days before
the departure date will have an extra charge of USD 50 per person (late booking
charge). In all cases, if the balance is not paid in the previously specified
time, the booking shall be considered cancelled and not operational; and the
client will lose the entire deposit made. The partial or total payment implies
conformity with all and each of the conditions mentioned here. In case the
hotels or other providers of services have special conditions, charges arising
will be assumed by the clients.
THE PRICE INCLUDE:
Transport as specified in each of the itinerary, accommodation in the indicated
hotels, lodges, or camps in each case or others similar or higher class, in the
specified type of room (single, double, etc) with private bathrooms and tax.
The hotels consider as full day whatever the time of the check-in at the hotel.
The hotels’ day ends at 10.00 hrs in the following day irrespective of the
check-in or the check-out, and thus being in a position to use the hotel’s
luggage deposit until the time for the transfer to the airport. The duration of
the tour will be indicated in each case, taking the arrival day to the
destination as the first day and the departure day from the said destination as
the last irrespective of the arrival time or the departure time in the first or
the last day. Meals, excursions, park entrance fee in national parks and
reserves, various activities and transfers as indicated in the itinerary.
THE PRICE EXCLUDES:
Any services not expressly indicated in the services voucher or the itinerary
issued by Pongezi Africa Safaris or by the tour agent on behalf of the company.
Visas and airport tax, and expenses of personal nature: laundry, communication,
meals, tips, drinks, save where the contrary is specified. The charges for the
prolongation of the services by voluntary wish of the client or for reasons
beyond the control of Pongezi Africa Safaris and in general anything not
specifically appearing in the corresponding itinerary. Additional charges
resulting from cancellations, delays in departures or arrival of the means of
transport, or for unforeseen reasons not attributable to Pongezi Africa Safaris.
Appropriate insurance cover for the client while the tour last absolutely
necessary. Meals en route, except those expressly included in the programs. The
rooms must be occupied until the specified check-out time, exceeding this time
the client must pay what is charged by the hotel.
CESSION AND TRANSFER:
The right conferred to the client by the contract of tourist services, can be
transferred to other persons up to 30 days before the departure date for the
tour, so long as a proof is given regarding the impossibility for the client to
undertake the tour (for example: in case of sickness, a medical report may be
required) and granting there be availability and no impediments on the part of
the providers of the contracted services. In all cases of forfeiture and
transfer, Pongezi Africa Safaris will charge an administrative fee equivalent
to USD 6 per person, plus other eventual charges imposed by the providers of
services. The changes will be effected only after the client has paid these
charges.
CANCELLATIONS:
The clients are no show for whatever reason and give a written notification to Pongezi
Africa Safaris through the tour agency or directly, will be subject to the following
guidelines of retentions applicable to the entire cost of the contracted tour.
(a) with a notification of more than 60 days before the start date of the tour,
the client will lose 70% of the deposit;
(b) with a notification between 31 to 60 days, the client will lose 50% of the
deposit paid plus eventual charges by the providers of the services;
(c) with a notification of 30 days before the departure date of the tour, the
client will lose 100% of the deposit paid plus the eventual additional changes
of the providers of the services. If the deposit is more than the indicated
percentage, the said charges will be deducted from the total amount deposited. Pongezi
Africa Safaris will not do any reimbursement or refund until it receives the
documents of the tour in its entirety. In cases where hotel, lodge or camp
charges for the entire stay, 100% of the total will be lost (or what the
provider of the services may charge). The cancellations will only be valid if
they are communicated by writing (mail or fax with complete details of the
clients or the tour agency). Pongezi Africa Safaris advise the procurement of
an insurance policy covering the cancellation charges. If the cancellation is
covered by an insurance policy bought by the client, this shall lodge a complaint
with the insurance company in question, without any right to do so against Pongezi
Africa Safaris.
REIMBURSEMENTS:
The complaint must be presented within 15 days after the completion of the
tour, with corresponding proofs. After this time limit, no complaint will be
attended to. In case of a no show that affects the services contracted by the
agent or the client, the reimbursement for the same will be subject to the
contractual conditions under which the services are given by the providers of
respective services. In case of the reimbursements being done, Pongezi Africa
Safaris or the tour agency will have a right to deduct up to 10% for themselves
from the same. In case of reimbursements for services not utilized, and in case
the refund is not done immediately, Pongezi Africa Safaris and/or the agency
will get in touch with the providers of services within 5 days having received
the complaint, the request for the confirmation of the total value of the
refund asked by the client. They must in the same way to refund the sum that
may correspond within 10 days following the receiving of the respective
liquidation by the providers of services. In no case shall Pongezi Africa
Safaris pay for the resulting cost and/or charges or tax incurred from money
transfers or other means that may be used to do the refund and/or the
reimbursement.
DOCUMENTS:
Travel documents and visas are strictly of personal nature, and thus it is an
exclusive responsibility of the client to ensure that they in perfect condition
and validity. Pongezi Africa Safaris will not be responsible for the
inconveniences that clients may experience for nonobservance of that
requirement. In the event that some clients fail to travel for such reasons,
they will lose all the services contracted, without any right to lodge a
complaint. We advise the client to seek information to that effect in the
nearest Kenyan embassy or consulate or to consult Pongezi Africa Safaris
regarding the current migration, customs and health requirements.
LIABILITY:
Pongezi Africa Safaris explicitly declare that it acts as an agent in the
booking and/or contract between the clients and entities or persons providing
the services indicated in each itinerary, that is hotels and transport
companies. and its agents act only as agents of the passenger in all matters
relating to tours. the Company accepts no responsibility for any personal
illness, injury, delays, loss or damages from any cause whatsoever. Request and
the provision of services will be governed exclusively by these general
conditions.
CHANGES AND AMENDMENT:
Pongezi Africa Safaris will endeavor to notify full details of any alterations
to the program at least 14 days prior to the commencement of our services.
Should conditions necessitate it, we reserve the right to change any route or arrangements,
to offer substitutes of equal value, or to cancel the operation of any
scheduled tour. We also reserve the right to decline to accept or retain any
person as a member of any tour at any time, in which case an equitable amount
will be refunded.
EXCLUSION FROM A TOUR:
Pongezi Africa Safaris has the irrevocable right and by its judgment to exclude
that client who for his/her state of health, conduct, manners or for other
grave reasons that may pose danger or disturb other clients, or jeopardize the successful
execution of the tour or the normal progress of the same, this client will have
no right to any compensation, reimbursement, nor refund for the unutilized days
of the tour, and will pay for the arising cancellation charges.
