AMICABRE TRAVEL SERVICES LTD – TERMS & CONDITIONS OF TRAVEL
Last updated: 12/10/24
1. Booking, Agents Liability, Deposit, Refunds and Minors
1.1 A booking of any travel arrangement offered by ATS may be made verbally, by email, by telephone, via our website or through an agent. All bookings must be confirmed in writing (email or signed agreement).
1.2 A deposit amount requested by ATS (or its authorised agent) at time of booking is payable immediately upon confirmation of booking or as specified. The exact deposit amount may vary by itinerary, season, accommodation, suppliers and services.
1.3 The person making the booking warrants that they have authority to do so on behalf of all members of the party.
1.4 If booking is made through a travel or booking agent, that agent agrees to be bound by these Terms & Conditions and will be responsible for passing on these terms to all clients in the party. The agent will indemnify ATS against any claims, costs, or expenses arising from bookings made under these terms.
1.5 For minors (persons under 18 years old), the individual booking must ensure they have parental or legal guardian consent. The booking party indemnifies ATS against claims arising from minors in the party.
1.6 After ATS receives your full booking (including deposit), we will send an itinerary describing the services, dates and other arrangements (“Itinerary”).
1.7 If ATS is unable to confirm your booking (for example due to lack of availability), we will refund your deposit in full. If an alternative itinerary of comparable value is offered by ATS and accepted by you before final payment is due, the deposit may be carried over to the alternative; otherwise, refund or cancellation policies apply.
2. Final Payment
2.1 The balance of the price for the services (“Price”) must be paid in full no later than 60 days before the date of departure (unless otherwise stated). If booking is made within 60 days of departure, full payment is required immediately.
2.2 If ATS does not receive full payment by the due date, ATS reserves the right to cancel the booking, or re-cost the itinerary (which might include a surcharge for late costs).
2.3 Once full payment is received by the due date, ATS shall hold to the agreed Price, except in circumstances beyond ATS’s control (see “Price Variation & Force Majeure”).
3. Cancellation / Alterations by Client
3.1 If you wish to cancel or materially alter your booking, you must notify ATS in writing. The following cancellation fees will apply, calculated from the date the written cancellation is received:
Time Before Departure
Cancellation Fee (% of total land arrangements)
120+ days
10%
60–119 days
25%
45–59 days
50%
30–44 days
75%
Less than 30 days / No-show
100% of the Price
(Modify numbers as suits your business.)
3.2 Deposits and any payments on account will be applied toward the cancellation fees; any excess will be refunded after deducting costs incurred (including non-refundable supplier commitments, reservations, etc.)
3.3 If you alter the booking after it has commenced, ATS will use reasonable efforts to accommodate changes, but you will remain liable for any additional charges imposed by suppliers or costs arising from the original arrangements.
4. Alterations / Cancellation by ATS
4.1 ATS reserves the right to make changes to your itinerary, accommodation, vehicle type, or other services for any reason (weather, supplier issues, safety, etc.). When possible, ATS will offer you alternatives of equal or similar standard.
4.2 Should ATS cancel the tour/program before departure for reasons other than force majeure, unavailability of minimum numbers or breach of contract, you will be offered either a full refund of all monies paid or an alternative tour of comparable quality.
4.3 In case of Force Majeure (see clause 9), ATS is not liable for delays, cancellations or disruptions caused by circumstances beyond its control.
5. What the Price Includes / Excludes
5.1 Includes (depending on the itinerary):
- Transportation as per itinerary (game drives, airport transfers, road transfers, for example).
- Accommodation in lodges, camps or hotels as stated.
- Meals as specified (e.g. full board or half board).
- Government taxes (hotel, local tourism levies, etc.), where applicable.
- Use of guides, park entry fees (if stated), standard services as per itinerary.
5.2 Excludes:
- International flights, visa fees, departure taxes unless explicitly included.
- Personal expenses (laundry, telephone/internet, tips/gratuities, drinks unless specified).
- Travel insurance, medical expenses, immunization/vaccinations required.
- Any optional activities not mentioned in the itinerary.
- Any supplementary charges by suppliers (hotels, lodges, transporters) beyond what was included in the quotation.
6. Accommodation & Transportation
6.1 ATS will endeavour to provide accommodation of the standard and type stated in the itinerary. Single room supplements and private bath requests may incur extra charges and are subject to availability.
6.2 ATS may substitute accommodation or transport with alternatives of comparable standard in circumstances including but not limited to unforeseen closures, over-booking, safety, or operational difficulties.
6.3 Vehicles provided will correspond with terrain and group size. Sub-contracted transport may be used. ATS is not responsible for delays or inconveniences due to road conditions, traffic, mechanical breakdowns, weather.
7. Guides, Conduct & Liability
7.1 ATS will provide experienced, licensed guides where required. The guides will endeavour to ensure you have a safe, enjoyable safari.
7.2 ATS reserves the right to refuse or terminate service to any client whose behaviour is unreasonable, dangerous, illegal or who is a danger to themselves or the group. In such cases you may be asked to leave the tour, and any additional costs incurred are your responsibility.
7.3 You must ensure you comply with local laws, park regulations, and customs, and follow instructions of guides and staff.
7.4 ATS is not liable for loss, injury or damage arising from acts of third parties, natural causes, or events outside ATS’s control, except to the extent required under Kenyan law.
8. Insurance & Health
8.1 You should obtain adequate travel insurance covering trip cancellation, curtailment, medical expenses, repatriation, emergency evacuation, loss or damage to personal baggage, and third-party liability.
8.2 You are responsible for ensuring your fitness to travel, and for obtaining any vaccinations, medical certificates or health documentation required for the countries you visit.
8.3 You must inform ATS in writing at booking of any pre-existing medical conditions or special needs, so that we can try to make suitable arrangements.
9. Price Variation & Force Majeure
9.1 ATS reserves the right to vary the price of your booking prior to the final payment due to changes in supplier costs, currency fluctuations, fuel surcharges, governmental taxes levied after the date of booking, or other valid reasons beyond ATS’s control.
9.2 Force Majeure means any event beyond the reasonable control of ATS, including (but not limited to) acts of God, war, insurrection, riots, civil unrest, acts of terrorism, epidemics/pandemics, changes in law/government policy, extreme weather, natural disasters, restrictions on movement, or similar.
- If a Force Majeure event occurs before your trip starts, ATS may cancel or modify arrangements, offering you alternatives or a refund less unavoidable costs.
- If it occurs during the trip, ATS will do its best to reorganise arrangements and will provide refunds for parts of services not delivered, where possible and practicable.
10. Client Responsibilities
10.1 Valid travel documents (passport, visas, permits, vaccination certificates) must be carried by you.
10.2 You are responsible for your own belongings. ATS accepts no liability for loss or damage unless proven to be caused by negligence of ATS.
10.3 For safety, you must follow advice and instructions from ATS guides and representatives.
10.4 You must treat staff, wildlife, and environment with respect. Damages caused by your negligence or wilful misconduct will be recoverable from you.
11. Children, Minors & Special Requirements
11.1 If travelling with children, guardian or parent must ensure all necessary documents, permissions etc.
11.2 Any special requirement (dietary, mobility, disability etc.) must be disclosed at time of booking. While ATS will endeavour to meet these, ATS cannot guarantee all requests will be met.
12. Complaints
12.1 If you have a problem during the trip, you must immediately inform your guide, camp manager or ATS representative so that we may try to resolve it on the ground.
12.2 If complaint is not resolved locally, you must send written notice to ATS within 30 days after the end of the services supplied, detailing the issue.
12.3 Claims for refund or compensation will not be accepted unless complaint procedure is followed.
13. Photographs, Marketing & Intellectual Property
13.1 ATS may take photographs, video or other recordings during tours and safaris and use these for promotional, educational or marketing purposes. By booking, you consent to such use unless you notify us in writing otherwise at least 21 days before departure.
13.2 All itinerary materials, promotional materials, website content, images etc remain the property of ATS and are protected by applicable copyright and intellectual property laws.
14. Governing Law & Jurisdiction
14.1 These Terms and Conditions are governed by the laws of Kenya.
14.2 Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the Kenyan courts (or as agreed by both parties in writing).