Booking Terms and Conditions

The agreement between you and Seremara Safaris — covering payment,
cancellation and refunds, insurance, liability and how we resolve problems. Please read it in full
before you pay a deposit.

1. About These Terms

These Booking Terms and Conditions (the “Terms”) govern the contractual relationship between you, the client (also referred to as “you”, “the passenger” or “the traveller”), and Seremara Safaris (“Seremara Safaris”, “we”, “us” or “our”), a tour operating company registered and carrying on business in the Republic of Kenya.

By paying a deposit, making full payment, signing a booking form, or otherwise confirming a reservation in writing, you confirm that you have read, understood and accepted these Terms, and that you accept them on behalf of every person named on the booking, including minors. If you are booking for others, you warrant that you have the authority to bind them and that you have shared these Terms with them.

These Terms contain provisions that materially affect your legal rights, including our cancellation and refund policy, limitations of our liability, an assumption of risk, the governing law, and the forum for resolving disputes. Please read them carefully in full before you book. If any provision is unacceptable to you, do not proceed with the booking; instead, contact us to discuss it before payment.

We strongly recommend that you purchase comprehensive travel insurance at the time of booking. See clause 14.

2. Definitions and Interpretation

In these Terms, unless the context requires otherwise:

• “Booking” means the reservation of any safari, tour, day trip, excursion, transfer, accommodation, flight or other travel service requested by you and confirmed by us in writing.
• “Confirmation Invoice” means the written invoice or booking confirmation we issue to you setting out the services booked, the price, the payment schedule and the applicable due dates. The Confirmation Invoice, together with the final itinerary and these Terms, forms the entire contract between us.
• “Land Package Cost Per Person” means the sum of the base price of the itinerary quoted per person, plus any single supplement, plus any domestic or regional air tickets we arrange, and plus park, reserve and conservancy fees where these are stated as included. It does not include items described in clause 13 as excluded, nor any government-imposed taxes, levies, surcharges or third-party fees that are stated to be payable separately (collectively, “Other Items”).
• “Departure Date” means the first date on which any service under the Booking is due to commence, being the start date of the safari, the check-in date for accommodation, or the date of the day trip, whichever is earliest.
• “Force Majeure” has the meaning given in clause 22.
• “Supplier” means any third party providing any part of your arrangements, including airlines, hotels, lodges, tented camps, guesthouses, homestays, ground handlers, transport operators, balloon operators, boat and dhow operators, conservancies, national park authorities, restaurants, activity providers and independent guides.
• “Working Day” means Monday to Friday, excluding public holidays in Kenya.

Headings are for convenience only and do not affect interpretation. References to writing include email. Unless stated otherwise, all amounts are expressed in United States Dollars (USD); where a quotation is issued in Kenya Shillings (KES), the KES amount stated on the Confirmation Invoice prevails for that booking.

3. Quotations and Contract Formation

All quotations are valid for the period stated on the quotation and, where no period is stated, for seven (7) days from issue. Quotations are estimates based on the rates, park fees, exchange rates, fuel prices and availability prevailing at the date of issue, and are subject to availability at the time you accept them.

No Booking is confirmed and no contract exists until all of the following have occurred: (a) we have received the required deposit or full payment in cleared funds; (b) we have issued a written Confirmation Invoice; and (c) we have confirmed availability with the relevant Suppliers. Verbal assurances, provisional holds, quotations and marketing materials do not constitute a confirmed Booking.

You are responsible for checking every detail on the Confirmation Invoice immediately on receipt, including the spelling of names as they appear in passports, dates, flight times, room and vehicle configurations, meal plans and any special requests. You must notify us of any error within forty-eight (48) hours of receipt. Corrections requested after that period may attract amendment fees or, where a Supplier treats the change as a cancellation, cancellation charges under clause 7. We are not liable for losses arising from incorrect details supplied by you, including name changes required on air tickets, which airlines commonly treat as a full cancellation and rebooking.

4. Registration, Reservations and Payment

4.1 Safari and tour packages (land arrangements)

A deposit of 30% of the Land Package Cost Per Person is required to secure your reservation, unless a Supplier’s own policy requires a higher deposit or a non-refundable pre-payment, in which case we will disclose this on the Confirmation Invoice before you pay.

The balance is due not later than 60 days before the Departure Date. Where your Booking is made within 60 days of the Departure Date, full payment is required at the time of booking.

Certain arrangements require earlier or full pre-payment regardless of the Departure Date, and we will state this expressly on your Confirmation Invoice. These typically include peak-season stays (July to October, and the Christmas and New Year period), gorilla and chimpanzee tracking permits, mountain climbing permits, hot-air balloon safaris, private-use conservancy houses, charter and scheduled light-aircraft flights, and rail tickets.

4.2 Accommodation-only bookings (hotels, lodges, camps, resorts)

Accommodation-only reservations are confirmed on receipt of a deposit of 50% of the quoted cost. The balance is payable in full 45 days before the arrival date. Where the arrival date is less than 45 days away, full payment is required at the time of booking.

4.3 Day trips, excursions, transfers and activities

Day trips, city tours, excursions, airport transfers and single activities require full payment at the time of booking.

4.4 Permits, licences and tickets

Gorilla and chimpanzee permits in Uganda and Rwanda, Kilimanjaro and Mount Kenya climbing permits, Standard Gauge Railway (SGR) tickets and air tickets are paid to the issuing authority or carrier in full at the time of booking and are, in most cases, non-refundable and non-transferable once issued. Any such non-refundable component is identified on the Confirmation Invoice and is excluded from the sliding scale in clause 7.

4.5 Late and failed payment

Payment due dates are of the essence of this contract. If any payment is not received in cleared funds by the due date, we will follow up in writing, and we reserve the right to treat the Booking as cancelled by you without further notice, in which case the cancellation charges in clause 7 apply as at the date of cancellation. Where funds are withdrawn by your bank, reversed, or a card payment is charged back after services have been confirmed or delivered, you remain liable for the full amount together with any bank or card scheme charges incurred by us.

4.6 Occupancy basis

Unless the Confirmation Invoice states otherwise, all prices are quoted per person sharing a double or twin room. Triple rooms, family rooms and extra beds are subject to availability and to each property’s own configuration; a “triple” is frequently a twin room with a sofa bed or a mattress rather than three full beds. Child rates, where offered, are set by each Supplier and depend on the child’s age at the date of travel and on whether the child shares with adults.

5. Methods of Payment, Bank Charges and Currency

We accept payment by international bank transfer (SWIFT), by Visa or Mastercard through our secure online payment gateway, by debit card, and by M-Pesa for KES-denominated invoices.

Once your Booking is confirmed and your safari consultant has issued the Confirmation Invoice, you will receive an email containing a secure payment link. We will never ask you to send card details, card photographs, CVV numbers or passwords by email, WhatsApp or SMS. If you receive a request of that kind, or a request to pay into an account that does not match the details on your Confirmation Invoice, do not pay it; contact us immediately on the telephone numbers published on our website to verify. We are not liable for funds sent to accounts that were not verified with us by telephone.

A transaction fee of 5% applies to all payments made by credit or debit card, reflecting the charges levied on us by Kenyan acquiring banks, which apply the same rate to debit and credit cards. This fee is not a charge retained by Seremara Safaris and is not refundable, including where the underlying booking is later refunded.

Bank transfers must be sent with all charges paid by the sender (charges option “OUR”) so that the full invoiced amount reaches our account. Where a transfer arrives short due to intermediary or correspondent bank deductions, the shortfall remains payable and must be settled before travel. Your card issuer may separately apply a foreign transaction or cross-border handling fee, which is a matter between you and your issuer.

Where an invoice is issued in USD, only United States Dollar banknotes issued in the year 2009 or later are accepted in-country by banks and Suppliers, and notes must be clean, unmarked and untorn.

6. Prices, Surcharges and Price Guarantee

Every effort is made to publish and quote prices accurately. We reserve the right to correct genuine promotional, typographical or arithmetical pricing errors at any time before your Booking is confirmed, and, where an error is discovered after confirmation, to notify you of the correct price. In that event you may accept the corrected price, accept an alternative arrangement of equivalent standard, or cancel the affected Booking and receive a full refund of all monies paid to us in respect of it.

Quoted rates include our planning, handling and operational charges and are based on the tariffs, park and conservancy fees, government taxes and rates of exchange in force on the date of quotation. We reserve the right to increase the price after confirmation where this is caused by:

• increases in air fares, air-ticket taxes, fuel surcharges or aviation security levies;
• increases in national park, game reserve, marine park, conservancy or concession fees;
• the introduction of, or an increase in, any government tax, VAT, tourism levy, catering levy, bed-night levy or visa or entry fee;
• adverse movement in exchange rates between the quotation date and the payment date; or
• a change in the number of travellers in your party that alters the per-person cost basis.

Once you have paid in full, the price of the services covered by that payment is guaranteed against any subsequent increase, except for increases in park, reserve or conservancy fees and in government taxes or levies, which are imposed on us by third parties and are payable by you if they take effect before or during travel. Any surcharge will be notified to you in writing with a breakdown of the calculation. Where a surcharge exceeds 10% of the total price of your Booking, you may cancel within seven (7) days of our notice and receive a full refund of all monies paid to us, save for any genuinely non-refundable third-party components already committed on your behalf and disclosed to you.

Government-imposed increases in park fees and taxes are outside our control and no cancellation right arises in respect of them below the 10% threshold.

7. Cancellation by You, and Refunds

7.1 How to cancel

All cancellations must be made in writing and sent by email to info@seremarasafaris.co.ke from the email address used to make the Booking, or by the lead traveller. We do not accept cancellations by telephone, WhatsApp voice note, SMS or social media message. A cancellation takes effect on the Working Day on which we actually receive your written notice, and we will acknowledge receipt in writing. If you do not receive our acknowledgement within one Working Day, telephone us — the cancellation is not effective until received.

7.2 Administration fee

All cancellations are subject to a non-refundable administration fee of USD 150 per person. This fee reflects only our own cost of establishing, administering and unwinding a reservation, and it applies in addition to the charges in clauses 7.3 and 7.4. The administration fee is waived where you cancel within seven (7) days of the Booking being confirmed and the stated reason for cancellation is that you do not accept these Terms, provided no third-party non-refundable component has already been committed on your behalf.

7.3 Cancellation charges — safari and tour packages

Charges are calculated as a percentage of the total Booking value and are based on the number of days between the date we receive your written cancellation and the Departure Date:

7.4 Cancellation charges — accommodation-only bookings

7.5 Non-refundable components

Notwithstanding clauses 7.3 and 7.4, certain components are non-refundable from the moment they are issued or committed, irrespective of how much notice you give. These include, without limitation: gorilla and chimpanzee tracking permits; mountain climbing permits; issued air tickets and airline ticket taxes; charter flight commitments; SGR and other rail tickets; visa and eTA fees; hot-air balloon reservations; private-house and exclusive-use bookings; festive-period and peak-season stays where the property enforces a non-refundable policy; and any deposit expressly identified as non-refundable on your Confirmation Invoice. Where such a component exists, we will disclose it in writing before you pay, and we will refund it only to the extent that we ourselves recover it from the Supplier.

7.6 No-shows, unused services and early departure

If you fail to arrive, cancel after the Departure Date, join late, leave a safari or stay in progress for any reason, or choose not to use any accommodation, meal, transfer, game drive, park entry, activity or flight included in your Booking, no refund, credit or substitution is due for the unused portion. This applies equally where non-arrival or curtailment results from denied boarding, denied entry at a border, missed connections, illness, quarantine, bereavement or any other personal circumstance. Such losses are precisely what travel insurance exists to cover.

7.7 Processing of refunds

Where a refund is payable, it will be paid to the person who made the original payment and, wherever practicable, by the same method and in the same currency as the original payment. Refunds are processed within thirty (30) days of the later of (a) our receipt of your written cancellation and (b) our receipt of the funds recovered from the relevant Suppliers. Bank transfer fees, card processing fees (including the 5% card transaction fee), currency-conversion losses and any charges levied by intermediary banks are deducted from, and are not recoverable as part of, the refund.

Refunds are not paid in cash and are not paid to third parties. Where a Booking was made through a travel agent, the refund is remitted to that agent, and it is the agent’s responsibility to account to you.

7.8 Amendments requested by you

Requests to amend a confirmed Booking must be made in writing and are subject to availability and to each Supplier’s own rules. An amendment fee of USD 50 per Booking applies to each change, together with any increase in cost and any charges levied by Suppliers.

The following are treated as a cancellation and rebooking, not an amendment, and the charges in clause 7.3 or 7.4 apply in full: a change of Departure Date; a change of destination or country; a change of the departure city or gateway; a reduction in the duration of the itinerary; and the substitution of one traveller for another where a Supplier or airline will not permit a name change. A reduction in the number of travellers may also alter the per-person price of the remaining party, for example where a vehicle, guide or single-supplement basis changes, and the revised price will be advised in writing.

8. Changes and Cancellation by Us

8.1 Minor changes

Itineraries are planned well in advance and minor changes are common. We reserve the right to make minor changes without liability, including a change in the order in which sites are visited, a change of vehicle or guide, a change of meal venue, and adjustments to game-drive or departure timings. We will advise you of minor changes as soon as reasonably practicable.

8.2 Significant changes

A significant change is a change that materially alters your arrangements, such as a substitution of accommodation for a property of a lower official or generally recognised standard, the removal of a destination from the itinerary, a change of Departure Date by more than 24 hours, or a reduction in the duration of the safari. Where we must make a significant change before departure, we will notify you promptly and offer you the choice of: (a) accepting the changed arrangements; (b) accepting an alternative itinerary of comparable or higher standard, where available, with any price difference refunded or payable; or (c) cancelling the Booking and receiving a full refund of all monies paid to us, less any genuinely non-refundable third-party components already committed and disclosed.

8.3 Cancellation by us

We may cancel a Booking (a) where you have failed to make payment by the due date; (b) where the minimum number of participants stated for a scheduled group departure is not reached, in which case we will notify you not less than 30 days before departure; (c) where a Force Majeure event makes performance impossible, unlawful or materially unsafe; or (d) where a Supplier fails, becomes insolvent, or withdraws capacity that cannot be replaced.

Where we cancel other than for your non-payment or for Force Majeure, you may choose an alternative arrangement of comparable standard or a full refund of monies paid to us. Where we cancel for Force Majeure, we will refund all monies paid to us less any amounts we have irrecoverably paid to, or committed with, Suppliers on your behalf, and less our reasonable administration costs. We will use reasonable efforts to recover funds from Suppliers and to offer a credit for future travel where a refund cannot be obtained.

In no case does cancellation by us give rise to liability for consequential losses, including international flight tickets not booked through us, visa or vaccination fees, loss of earnings, or the cost of alternative holidays.

8.4 Curtailment and route changes in progress

We reserve the right, exercised reasonably and with safety as the priority, to alter, curtail or reroute an itinerary in progress where this is necessary or advisable — for example due to impassable roads, flooding, fire, civil disturbance, wildlife or security incidents, vehicle breakdown, illness within the party, airspace or park closures, or the instructions of any competent authority. Where curtailment occurs, your sole remedy is a pro-rata refund of any unused portion actually recovered from Suppliers, and we are not liable for additional costs you incur, including changed flights or extra nights.

9. Single Travellers, Group Sizes and Vehicles

Most itineraries offer a limited number of single rooms, allocated strictly subject to availability. A single supplement applies. On group departures, the single-supplement rate applies to a maximum of three single rooms per departure; any additional single room in the same group is charged at the full double-room rate.

Where a scheduled group departure comprises fewer than six (6) guests, we may provide qualified local guides at each destination in place of a single accompanying safari director. Optional extensions are locally guided as standard.

Vehicles are allocated according to group size and terrain. On shared or scheduled departures, seating is rotated and window seats are not guaranteed. Where a private safari is booked, the vehicle is at your party’s exclusive disposal for the itinerary as scheduled; additional mileage, extra game drives, or diversions outside the agreed itinerary are chargeable. Roof-hatch vehicles, 4×4 Land Cruisers and minivans differ in comfort and price, and the vehicle type stated on your Confirmation Invoice is what is contracted.

10. Accommodation Standards and Classification

Accommodation is provided on the basis stated in your Confirmation Invoice, normally in twin-bedded or double rooms with private bathroom facilities. Star ratings and category descriptions such as “luxury”, “mid-range”, “premium” or “first class” reflect our own assessment, based on our knowledge of the property and of local market standards. There is no uniform statutory classification system across our destinations, and standards vary between countries and between urban and remote locations.

Tented camps, mobile camps and eco-lodges are, by their nature, subject to the realities of remote operation. Solar power, generator hours, bucket showers, limited or absent Wi-Fi and mobile signal, insect life, and the presence of wildlife in and around camp are normal features of a safari and are not defects. Check-in and check-out times are set by each property, commonly 14:00 and 10:00 respectively; early check-in and late check-out are requests, not entitlements, and may be chargeable.

Special requests — adjoining rooms, a particular room or tent number, a specific view, honeymoon arrangements, dietary requirements, cots, and bed configurations — are passed to Suppliers and noted on your documentation, but they cannot be guaranteed and do not form part of the contract unless we have confirmed them in writing as a condition of the Booking.

11. Flights and Air Transportation

International flights are not included in our safari packages unless expressly stated. You may arrange these through your own travel agent, or we can refer you to our preferred air ticketing partner. All internal and regional flights forming part of your itinerary must be purchased through Seremara Safaris, so that timings, baggage rules and transfer connections can be coordinated with the ground arrangements.

We act only as an agent in respect of air tickets. Airlines’ own conditions of carriage govern the ticket, including rules on schedule changes, cancellation, delay, denied boarding, baggage liability, name changes and refunds. Where an airline changes or cancels a flight, your remedy lies against that airline; we will assist you in making a claim but we are not liable for the airline’s acts or omissions, nor for the consequences of a schedule change on your ground arrangements, including additional nights or missed park entries.

We strongly advise that you do not book non-refundable international flights until your Booking is confirmed in writing, and that you allow a minimum of three (3) hours between the arrival of an internal flight and the departure of an onward international flight. Where we have advised a minimum connection time and you elect a shorter one, the risk is yours.

Light aircraft and scheduled bush flights operate to weight and baggage restrictions set by the operator, typically 15 kg per person in soft-sided bags, inclusive of hand luggage and camera equipment. Excess baggage may be refused, or carried at additional cost on a later flight, at the operator’s discretion. Flight schedules within the region are frequently adjusted at short notice and may involve multiple stops or aircraft changes.

12. Luggage and Personal Effects

We recommend one medium-sized soft bag per person plus a small day pack. Strict luggage restrictions apply on internal flights and are detailed in your travel documentation. Luggage, camera equipment, mobile devices, cash, jewellery, travel documents and all other personal effects remain at the owner’s risk at all times throughout the safari, whether in a vehicle, an aircraft, a room, a safe, in transit, or in storage at a hotel or at our offices. We accept no liability for loss, theft, delay or damage to personal property, and you should ensure that your travel insurance provides adequate cover, including for high-value equipment.

Valuables should be kept in room or hotel safes where available. We do not recommend leaving items visible in vehicles. Where an item is left behind, we will make reasonable efforts to trace and forward it, but courier and handling costs are payable by you.

13. What Is Included and What Is Excluded

13.1 Included

Unless your Confirmation Invoice states otherwise, quoted safari rates include: accommodation on the stated meal basis; transport in the stated vehicle type with a qualified English-speaking driver-guide; fuel; game drives as scheduled in the itinerary; national park, game reserve and conservancy entry fees where stated; hotel taxes and levies imposed by government; airport taxes on intra-country flights; bottled drinking water in the safari vehicle; and our planning, handling and operational charges.

13.2 Excluded

Quoted rates do not include: international airfares and international airport departure taxes; the cost of obtaining passports, visas, eTAs and any entry permits; travel, medical, cancellation and baggage insurance; vaccinations, medical tests and prophylactics; excess baggage charges; all items of a personal nature including drinks (alcoholic and soft), laundry, spa treatments, telephone calls, internet and Wi-Fi charges, and shopping; optional activities and excursions not listed in the itinerary, including hot-air balloon safaris, walking safaris, night drives, cultural village visits, boat trips and scenic flights; any meals not specified in the stated meal plan; deviations from the itinerary requested by you; gratuities to safari directors, tour leaders, driver-guides, rangers, trackers, camp and hotel staff; and any increase in park fees or government taxes imposed after the date of quotation.

Note that international departure taxes payable in Tanzania, and equivalent charges in other countries, are not included and are payable locally in United States Dollars or another acceptable currency.

13.3 Gratuities

Tipping is customary but discretionary. We are happy to provide current guidance on appropriate amounts on request. Tips paid directly to staff are never a substitute for, nor a component of, the contracted price.

14. Travel Insurance — Strongly Recommended

Comprehensive travel insurance is a condition of travel we strongly urge you to satisfy, and on some arrangements — including mountain climbing, private charter and remote-area itineraries — Suppliers require proof of cover before travel.

Your policy should be taken out on the day you pay your deposit, so that pre-departure cancellation is covered, and it should as a minimum provide cover for: cancellation and curtailment for medical and other insured reasons; emergency medical treatment and hospitalisation abroad; emergency evacuation and repatriation, including air ambulance from remote areas; personal accident; baggage, money and travel documents, with an adequate single-article limit for camera and electronic equipment; travel delay and missed departure; and any adventure activities you intend to undertake, including but not limited to hot-air ballooning, trekking above 3,000 metres, diving, snorkelling, quad biking, horse riding, cycling and water sports, which many standard policies exclude.

You must provide us with your insurer’s name, policy number and 24-hour emergency contact number before departure. If you choose to travel uninsured or under-insured, you do so entirely at your own risk and you accept liability for all costs arising, including the very substantial cost of medical evacuation from a remote area. We are not an insurance intermediary and we do not advise on the adequacy of any particular policy.

15. Passports, Visas, Health and Entry Requirements

It is your sole responsibility to hold, and to keep valid, all travel documentation required for your journey, and to satisfy all entry, transit and health requirements of every country on your itinerary and of any country you transit.

You must hold a passport valid for at least six (6) months beyond your date of return, with at least two (2) blank facing pages per country to be visited. Entry requirements change frequently: Kenya operates an Electronic Travel Authorisation (eTA) that must be obtained before travel; Tanzania, Uganda and Rwanda each operate their own visa or e-visa regimes; and the East Africa Tourist Visa, where eligible, covers Kenya, Uganda and Rwanda but not Tanzania. Multiple-entry arrangements may be required where an itinerary crosses and re-crosses borders.

You must verify current requirements with the relevant embassy, high commission or official government portal, and with your airline, in good time before departure and again shortly before you travel. Where a health certificate is required — for example proof of yellow fever vaccination for entry or re-entry from certain countries — you must carry the original certificate.

We are happy to provide general guidance and supporting documentation such as invitation or confirmation letters, but any information we give is offered in good faith and does not amount to advice on which you may rely, and it does not transfer responsibility to us. No refund is due, and cancellation charges under clause 7 apply in full, where you are refused boarding, refused entry, deported, or otherwise unable to travel or to complete the itinerary because of missing, invalid or incorrect documentation. Any costs incurred in these circumstances, including repatriation, are payable by you.

Travellers with dual nationality, non-standard travel documents, refugee or stateless documents, or a criminal record should verify their position independently and well in advance.

16. Medical Conditions, Fitness to Travel and Accessibility

You must notify us in writing, at or before booking, of any physical, medical, psychiatric, emotional or behavioural condition, disability, allergy, dietary requirement, pregnancy or course of treatment which: (a) may affect your ability to participate fully in the itinerary; (b) may require professional attention or medication during the safari; (c) may require the use of special equipment; or (d) may affect the health, safety, comfort or enjoyment of other participants. If any such condition arises or changes after booking, you must notify us in writing immediately.

We will use this information to advise you honestly on the suitability of the itinerary and, where possible, to make reasonable arrangements. We reserve the right, exercised reasonably, to decline or cancel a Booking, to require a medical certificate of fitness to travel, or to remove a traveller from a safari in progress where we reasonably conclude that the condition would adversely affect the health or safety of that traveller or of others, or would materially impair the enjoyment of other participants. Where a traveller is removed from a safari in progress under this clause, no refund is due and we bear no further liability, including for repatriation costs.

Most of our itineraries are not wheelchair accessible. Wheelchair assistance and accessible infrastructure cannot be guaranteed in safari destinations: game-viewing vehicles are high-clearance, camps are frequently connected by sand or gravel paths, and steps and uneven ground are common. If you require a wheelchair you must tell us in advance and you may need to travel with your own small, collapsible chair. We cannot accommodate motorised scooters or powered wheelchairs of any kind, and we cannot accommodate service or assistance animals, which are in any event prohibited in national parks and game reserves.

If you are unable to travel independently, you must be accompanied by a companion who is able and willing to provide all necessary assistance throughout. Where a condition requires special equipment, medication or treatment, you are responsible for bringing, storing, administering and safeguarding all necessary items, including maintaining a cold chain where required; refrigeration is not available in all camps.

Pregnancy: we cannot accommodate travellers beyond the end of the sixth month (24 weeks) of pregnancy. Airlines, balloon operators and some camps impose their own, sometimes earlier, restrictions.

Medical care: we are not responsible for the cost of any medical treatment, testing, medication, hospitalisation or evacuation you may require, and we are not responsible in any circumstances for the availability, quality or outcome of medical care you receive. Medical facilities in safari areas are limited or absent; evacuation to Nairobi or another centre may take many hours and depends on weather, daylight and aircraft availability. If you travel with a condition contemplated by this clause, you do so at your own risk, and we are not liable for injury, illness, deterioration, loss or damage relating to it, including loss of or damage to special equipment, an absence of assistance or accommodation of special needs, or the unavailability of medical assistance.

17. Behaviour, Safety and Wildlife

A safari takes place in wild, unfenced environments where dangerous animals move freely, including in and around camps. You must at all times follow the instructions of your guide, ranger, tracker, camp management and park authorities. In particular you must not: leave a vehicle except where the guide expressly permits it; stand up in, sit on, or lean out of a vehicle beyond the roof hatch while the vehicle is moving; approach, feed, touch or attempt to attract any animal; walk unescorted around camp after dark; swim in rivers, lakes or dams; use flash photography where prohibited; or use drones, which are prohibited in Kenyan national parks and require permits and licences that are rarely granted.

You must not photograph people without their permission, nor photograph military installations, airports, government buildings, police or state officials, which is an offence in several of our destinations.

You are responsible for your own conduct and for that of any minor in your care. We reserve the right, at our sole and absolute discretion, to remove from any safari, at any point, any person whose behaviour is, in our reasonable opinion, dangerous, disruptive, abusive, unlawful, or detrimental to the safety, wellbeing or enjoyment of others, including through the misuse of alcohol or narcotics, harassment of staff or fellow travellers, or persistent disregard of safety instructions. In that event the contract with that person ends immediately, no refund is due, we bear no responsibility for their onward or homeward arrangements or costs, and you are liable to us and to the relevant Supplier for any loss or damage caused.

You are liable for the full cost of repair or replacement of any damage you cause to vehicles, accommodation, equipment or other property, payable on demand.

Illegal drugs, ivory, rhino horn, sea turtle products, unlicensed wildlife trophies and plastic carrier bags (banned in Kenya) must not be carried or purchased. Penalties in the region are severe.

18. Assumption of Risk

You acknowledge and accept that travel in East Africa involves inherent risks that cannot be eliminated, and that these risks form part of the character of the experience you have chosen. These include, without limitation: proximity to wild animals and the risk of attack or injury; travel on rough, unsurfaced and unlit roads; long transfer distances; travel in light aircraft and small boats; remote locations far from medical facilities; the risk of malaria, tick-borne and other tropical or infectious diseases; food and waterborne illness; extremes of heat, sun, dust, altitude and rainfall; road traffic accidents; vehicle breakdown; petty and violent crime; political demonstrations and civil disturbance; and terrorism.

You voluntarily assume these risks. You confirm that you have satisfied yourself as to the suitability of the itinerary for you and any person in your party, and that you have obtained appropriate insurance. We may require you, or a Supplier may require you, to sign a separate activity-specific waiver or indemnity — for example for ballooning, climbing, diving or walking safaris — and participation may be refused if you decline to sign.

Travel advisories: you are responsible for reviewing the travel advice issued by your own government for each country on your itinerary. A change in a travel advisory does not by itself entitle you to a refund outside the terms of clause 7, and may or may not constitute Force Majeure under clause 22 depending on its nature and effect.

19. Photography, Media and Publicity

We and our guides may take photographs, video and audio recordings during safaris. By joining a safari, you grant us a perpetual, worldwide, royalty-free, non-exclusive licence to use such material, including your image and likeness, for promotional, marketing, editorial and commercial purposes across any medium, without further notice, approval, credit or compensation. If you do not wish your image to be used in this way, you must tell us in writing before departure, and we will use reasonable efforts to respect that request.

Where you submit photographs, videos, reviews or testimonials to us, you confirm that the material is yours to license and you grant us the same licence in respect of it.

20. Data Protection and Privacy

We collect and process personal data — including names, passport details, dates of birth, contact details, payment information, insurance details, dietary requirements and, where you disclose it, health information — for the purposes of arranging, confirming and delivering your Booking, meeting legal and regulatory obligations, and dealing with complaints and claims. Health data is processed only with your consent and only to the extent necessary for your safety and for the arrangement of suitable services.

Your data is shared with the Suppliers, authorities and payment providers necessary to deliver your Booking, which may involve transferring it to countries outside your own. We require Suppliers to use it only for that purpose. We retain records for as long as necessary for legal, accounting and tax purposes.

You may request access to, correction of, or deletion of your personal data, or object to marketing communications, by writing to info@seremarasafaris.co.ke. We will respond in accordance with the Kenya Data Protection Act, 2019 and, where applicable, other data protection laws.

21. Our Role, Responsibility and Limitation of Liability

21.1 Our role

Seremara Safaris acts as a tour operator and booking agent. We design itineraries and contract with Suppliers on your behalf. We do not own, manage, control or operate any lodge, camp, hotel, airline, vehicle fleet operated by a third party, balloon, boat, restaurant, national park, conservancy, activity provider or ground handler, including entities that may be affiliated with us or that may trade under, or make use of, a name similar to ours.

21.2 Responsibility for our own acts

We accept responsibility for exercising reasonable skill and care in the selection of Suppliers and in the arrangement and administration of your Booking, and for the acts and omissions of our own employees acting within the scope of their employment.

21.3 Third parties and matters beyond our control

We are not responsible or liable for any negligent or wilful act or omission, breach of contract, or breach of local law or regulation by any person or entity we do not own or control, nor for any act or inaction of any third party. Without limitation, and to the fullest extent permitted by law, we are not liable for any direct, indirect, consequential, incidental, special or punitive damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind arising from: the acts or omissions of any airline, rail operator, hotel, lodge, camp, bus, taxi, van, boat, balloon, safari operator, local ground handler, restaurant, activity provider or independent guide, whether or not it uses the Seremara Safaris name; delay in, or change to, any schedule; overbooking or downgrading of accommodation by a Supplier; the default, negligence or insolvency of any third party; attack by, or the behaviour of, any animal; illness, injury or death; the absence, inadequacy or outcome of medical care, or of evacuation; weather, climate, drought, flood, fire or natural disaster; strikes and industrial action; acts of God; acts or omissions of government or any authority; terrorism, war, insurrection, riot, quarantine, epidemic or pandemic; criminal activity; loss of or damage to baggage and personal effects; or any other cause beyond our reasonable control.

21.4 Wildlife and natural phenomena

Wildlife is wild. We cannot and do not guarantee sightings of any species or event, including the “Big Five”, the Great Migration, river crossings, predator kills, births, nesting turtles, or any particular bird or marine species. Migration timing, water levels, grass height, calving and bird migration vary from year to year and cannot be predicted with certainty. The non-occurrence of a hoped-for sighting is not a breach of contract and gives rise to no refund or compensation.

21.5 Financial cap

Where, notwithstanding the above, we are found liable to you, our total aggregate liability arising out of or in connection with a Booking is limited to the total amount you have actually paid to us in respect of that Booking, and we exclude all liability for loss of profit, loss of enjoyment beyond the value of the affected services, loss of earnings, and any other indirect or consequential loss. Nothing in these Terms excludes or limits liability for death or personal injury caused by our own negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded.

21.6 International conventions

Where a claim concerns carriage by air, sea, rail or road, or the provision of accommodation, our liability is limited in the manner and to the extent provided by the applicable international conventions, including the Warsaw and Montreal Conventions, the Athens Convention, the Berne Convention and the Paris Convention.

21.7 Variation of this clause

No variation of this clause 21 is effective unless made in writing and signed by a director or duly authorised officer of Seremara Safaris. No employee, guide, agent or consultant has authority to vary it.

22. Force Majeure

“Force Majeure” means any event or circumstance beyond our reasonable control, the consequences of which we could not have avoided even with all due care, including: war, threat of war, invasion, insurrection, terrorism or the threat of terrorism; civil unrest, riot, protest, coup, or political instability; election-related disturbance; government action, sanction, border closure, curfew, lockdown, entry ban or airspace closure; epidemic, pandemic, public health emergency and associated restrictions or quarantine; strike, industrial dispute and fuel shortage; fire, flood, drought, earthquake, landslide, volcanic activity, storm, adverse weather and other natural disaster; wildlife disease outbreak; failure of aviation, port or road infrastructure; the withdrawal or suspension of an airline route; the closure of a national park, reserve, airport, airstrip, road or border; and the insolvency or collapse of a Supplier.

Where a Force Majeure event prevents, hinders or delays performance, we are not in breach of contract and we are not liable for any resulting loss, additional cost or inconvenience. In such circumstances we will act reasonably and in good faith to: (a) offer to reschedule the affected arrangements to a mutually acceptable future date, subject to any difference in seasonal pricing; (b) offer a credit note for the recoverable value of the affected services, valid for a period we will specify, normally not less than 24 months; or (c) refund the amount we succeed in recovering from Suppliers, less our reasonable administration costs and any irrecoverable third-party commitments. We will provide evidence of Supplier non-recovery on request.

Force Majeure does not extend the price guarantee in clause 6, and does not oblige us to fund any cost that falls to your insurer or to a carrier.

23. Complaints and Dispute Resolution

23.1 Problems during travel

If a problem arises during your safari, you must report it immediately to your guide, to the management of the property concerned, and to our office on the emergency contact number provided in your travel documents, so that we have a fair opportunity to investigate and to put matters right while you are still on the ground. Many issues — a room configuration, a meal plan, a vehicle concern — can be resolved within minutes if we are told.

Failure to report a problem at the time will be taken into account, and may reduce or extinguish any entitlement to compensation, on the basis that we were deprived of the opportunity to remedy it.

23.2 Complaints after travel

If a matter remains unresolved, you must submit a written complaint to info@seremarasafaris.co.ke within twenty-eight (28) days of the end of your safari, setting out the facts, the dates, the persons involved, the remedy sought, and enclosing any supporting evidence including photographs, receipts and correspondence. We will acknowledge within five (5) Working Days and provide a substantive response within thirty (30) days, or, where a Supplier investigation is required, keep you informed of progress. Complaints submitted after 28 days may not be entertained, as Suppliers routinely decline to investigate stale matters.

23.3 Escalation

The parties will first attempt to resolve any dispute amicably through good-faith negotiation. Failing resolution within thirty (30) days, the parties may refer the dispute to mediation by a single mediator agreed between them or, in default of agreement, appointed by the Chartered Institute of Arbitrators (Kenya Branch), the costs of mediation to be shared equally. Nothing in this clause prevents either party from seeking urgent interim relief from a court.

23.4 Governing law and jurisdiction

These Terms, and any Booking made under them, are governed by and construed in accordance with the laws of the Republic of Kenya. The courts of Kenya at Nairobi have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, and you submit to that jurisdiction. No claim may be brought more than twelve (12) months after the date on which the safari ended or was due to end.

24. Third-Party Bookings, Agents and Special Arrangements

Where you book through a travel agent, tour operator or other intermediary, that party acts as your agent in dealing with us. Payments made to an intermediary are not treated as received by us until we have them in cleared funds. Communications, documentation and refunds are routed through the intermediary unless we agree otherwise in writing.

Some services are sold by us as agent for the Supplier, notably air tickets, rail tickets, permits, standalone hotel reservations and third-party activities. In those cases the Supplier’s own terms govern the service, we are not a party to that contract, and our liability is limited to exercising reasonable care in making the reservation.

Group, incentive, charter, wedding, honeymoon, film, research and exclusive-use bookings are subject to bespoke payment, deposit and cancellation terms, which will be set out in a separate written agreement and which prevail over clauses 4 and 7 to the extent of any inconsistency.

25. Optional Extensions and Breakaway Travel

On our tailor-made and “Seremara Signature” itineraries, you may elect to extend your stay or to travel independently at the end of the safari, subject to availability. Breakaway travel enables you to continue on your own, at which point you assume responsibility for confirming your onward and international flights and for arranging your own transfers.

All breakaway and extension arrangements must be requested in writing not later than 45 days before departure, and confirmation details are normally available around 30 days before departure. All requests — including breakaways, preferred air schedules, room upgrades and special accommodation — are subject to availability, are not guaranteed, and may attract additional charges.

If we cancel an optional extension you have purchased, we will refund the amount you paid for that extension in full. If you subsequently decide to cancel the main portion of your safari, the cancellation charges in clause 7 apply to that main portion.

26. Communications and Notices

All formal notices under these Terms — including cancellations, amendments, medical disclosures and complaints — must be in writing and sent by email to info@seremarasafaris.co.ke, and are effective on receipt during business hours on a Working Day. We will send notices to the email address of the lead traveller or the booking agent shown on the Confirmation Invoice, and it is your responsibility to keep that address current and to check it, including junk and spam folders, in the period before departure.

Our office hours are Monday to Friday, 08:30 to 17:30 East Africa Time (UTC+3), and Saturday 09:00 to 13:00. An emergency contact number operating outside these hours is provided in your final travel documents and is for genuine in-country emergencies.

27. Marketing Materials, Website Content and Errors

Descriptions, photographs, maps, videos, distances, timings and activity lists published on our website, in brochures, on social media and in itineraries are provided in good faith as a general indication and are subject to change. Photographs of wildlife are illustrative and do not represent a guarantee of sightings. Room and camp photographs may depict a category or a sample unit rather than the exact unit allocated to you.

We do not warrant that our website is free of error or interruption, and we reserve the right to correct any error in published information. Where a manifest error materially affects your Booking, clause 6 applies.

28. General Provisions

Entire agreement. The Confirmation Invoice, the final itinerary and these Terms constitute the entire agreement between us and supersede all prior discussions, quotations, proposals and representations, whether oral or written. You confirm that you have not relied on any statement not set out in these documents.

Variation. We may amend these Terms from time to time. The version in force at the date your Booking is confirmed governs that Booking. No variation of a confirmed Booking’s terms is effective unless in writing and signed by a duly authorised officer of Seremara Safaris.

Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force.

No waiver. Our failure or delay in enforcing any provision is not a waiver of it, and does not prevent later enforcement.

Assignment. You may not assign or transfer your rights under a Booking except in accordance with clause 7.8. We may assign our rights and obligations to any successor in business or affiliate, provided your arrangements are not adversely affected.

Third-party rights. Except as expressly stated, no person who is not a party to this contract has any right to enforce any of its terms.

Language. These Terms are issued in English. Where a translation is provided for convenience, the English text prevails in the event of any inconsistency.

Anti-bribery, sanctions and conduct. We do not offer or accept bribes, facilitation payments or improper inducements, and we will not accept a Booking that would place us in breach of applicable sanctions or anti-money-laundering law. We may decline or terminate a Booking, without liability beyond a refund of recoverable amounts, where we reasonably suspect such a breach.

Responsible tourism. We ask that you respect local communities, customs, dress conventions and photographic sensitivities, that you do not give money, sweets or gifts directly to children, that you do not purchase wildlife products, and that you follow park rules on off-road driving, vehicle numbers at sightings and litter. Compliance with these expectations is a condition of participation in community and conservancy visits.

29. Acknowledgement

By paying a deposit or the full price, or by signing a booking form, you confirm on your own behalf and on behalf of every person named on the Booking that:

1. you have read, understood and accept these Booking Terms and Conditions in full;
2. you have disclosed all matters required to be disclosed under clause 16;
3. you accept the cancellation and refund policy in clause 7, including the non-refundable administration fee and the treatment of no-shows and unused services;
4. you understand and voluntarily assume the risks described in clause 18;
5. you accept the limitations of liability in clause 21; and
6. you have arranged, or knowingly declined to arrange, the travel insurance described in clause 14.

Seremara Safaris — Karen Sultan House, Wing-B, 116 Ngong View Road, Karen, Nairobi, Kenya. Telephone +254 710 916 303 / +254 731 845 494. Email info@seremarasafaris.co.ke

These Terms are a commercial document prepared for Seremara Safaris. They are not legal advice. We recommend review by a Kenyan advocate, and confirmation of the payment, deposit and cancellation figures against your own supplier contracts, before publication.