The following Terms and Conditions shall apply to all bookings with Activescape Ltd save where otherwise agreed in writing. By booking a trip with Activescape Ltd, you confirm that you have read, understood, and agreed to these Terms and Conditions. These Terms constitute the entire agreement between you (the client) and Activescape Ltd, and your booking will only be accepted on this basis.
RATES:
Rates are quoted in Kenyan Shillings (KES) or US Dollars (USD) or Pound Sterling (GBP) and are based on specific inclusions and exclusions detailed in the itinerary. Rates include applicable taxes and service charges unless otherwise stated.
Should there be fluctuations in exchange rates, government-imposed taxes, or unforeseen factors necessitating an amendment, Activescape Ltd reserves the right to adjust rates without prior notice. Clients are responsible for ensuring they are aware of any rate changes prior to final payment.
BOOKING DEPOSITS AND PAYMENTS:
Booking deposits and payments are subject to the policies of the respective service providers, including hotels, airlines, car hire companies, or any other facilities involved in delivering the services included to provide the respective package. These provider-specific policies will override those outlined below.
15-30 days before travel: 100% of the total amount.
31-45 days before travel: 50% of the total amount.
46-60 days before travel: 25% of the total amount (non-refundable).
A booking is considered confirmed upon receipt of the required deposit and/or completion of the booking form, which must include full details of each guest. Proof of residence will be required.
Once we receive your deposit and/or accept your booking form, the contract becomes binding. We will send you an invoice for the balance and advise you of the payment due date, failure to pay by the due date may result in increased costs or cancellation.
The client is required to make full payment to Activescape Ltd prior to final confirmation of the reservation. Payments must be made in the nominated currency as stated or as agreed. Please note that some trips (high and festive season) might require 70% of the quote for the booking to be confirmed.
Activescape Ltd accepts payments in USD or KES or GBP via bank transfer. Bank charges may apply. Clients must request details for alternative payment methods if needed.
Payment via PayPal - By choosing PayPal as the payment method, the Client agrees to bear the additional surcharge of 5% of the transaction amount, which will be included in the final invoice amount.
CANCELLATION AND NO-SHOWS:
Reservations that are cancelled, reduced in length of stay or reduced in guest numbers are subject to cancellation and No-Show fees as follows:
0-30 days before travel: 100% of the total amount.
31-45 days before travel: 50% of the total amount.
46-60 days before travel: 25% of the total amount.
Refunds will be subject to deductions for third-party vendor fees, administrative charges, any other expenses incurred, or non-refundable deposits as applicable and will be processed within 14 working days of approval. All cancellation requests must be submitted in writing by the person who made the booking.
CHANGES IN ITINERARY:
Any changes to the itinerary requested by the client are subject to availability, no-refund policy and may incur additional costs, which the client must bear.
Activescape Ltd reserves the right to alter itineraries, facilities, services, or prices without prior notice due to unforeseen circumstances or for the safety and well-being of clients. Published itineraries are samples only and may be amended without notice.
Activescape Ltd will make reasonable efforts to notify clients of significant changes, defined as alterations to start or end times, accommodations, or destinations.
FORCE MAJURE:
Activescape Ltd shall not be held liable for any loss, damage, delay, or disruption caused by factors arising from circumstances amounting to force majeure (unforeseen events beyond reasonable control). This includes, but is not limited to, weather, natural disasters, epidemics, pandemics, political unrest, government actions, strikes, war, terrorism, or any event that poses a threat to the safety of clients, guides or drivers. Activescape Ltd reserves the right to modify, cancel, or delay the itinerary or trip, partly or wholly.
You appreciate and acknowledge that travel requires considerable flexibility and you should allow for alternatives or alteration without prior notice due to circumstances or events, and you accept responsibility for any additional costs incurred as a result, such as, but is not limited to, additional accommodation, transportation, meals, rescheduling charges, or alternative arrangements. No refunds will be issued for services not utilized due to force majeure.
ActivEscape will not be liable for any personal expenses that you may have incurred (flights, visas, travel insurance, equipment purchases, etc.). Clients are responsible and strongly advised to obtain comprehensive travel insurance to cover any disruptions and associated expenses arising from force majeure events.
THIRD-PARTY LIABILITY
Activescape Ltd acts as an agent for third-party service providers such as airlines, hotels, and transport operators. We are not liable for acts or omissions by these third parties, including but not limited to cancellations, delays, or service failures.
DISPUTES:
Any disputes regarding an invoice must be raised in writing within fourteen (14) days of the invoice date and only the amount in dispute may be deducted from the invoice and payment due, which must be made within the specified time limit. Any unresolved disputes shall be governed by the laws of Kenya and settled in Kenyan courts.
DEFAULT:
ActivEscape Ltd reserves the right to cancel the booking without notice before commencement of the trip in case of not receiving the pending payment from the customer. This could result in reinstatement fees or additional costs for rebooking.
RETURNED CHEQUES:
Should the bank for any reason return a cheque issued by the client, the client shall replace the cheque within 48 hours with certified funds. Additionally, the client shall pay a returned cheque fee of 5% if the cheque is returned. It should be noted that it is a criminal offence in Kenya to have a cheque returned.
GOVERNMENT TAXES:
Should the Government increase or decrease taxes or institute new taxes, ActivEscape Ltd reserves the right to renegotiate the rates accordingly.
INBOUND TRAVEL REQUIREMENTS:
As of 1st Jan 2024, guests from abroad no longer need a visa to enter into Kenya. You need to apply for an Electronic Travel Authorization (ETA), the ETA applications are made online through the website: https://www.etakenya.go.ke/en and this cannot be given on arrival.
A yellow fever vaccination certificate is required for people travelling from countries prone to yellow fever. The certificate will also be required when travelling back to countries that require you to have the yellow fever certificate. The vaccination should be taken within a minimum of 10 days before travel.
Please note that internal flights only allow 10 kgs on a standard ticket. 23 kgs hold luggage is charged at a higher fare. Extra weight will have to be paid for directly by yourself.
TRAVEL DOCUMENTATION:
Clients are responsible for ensuring they have valid passports, visas, and any required vaccinations. Conditions for specific validity of passports and regulations for other valid travel documentation can be obtained from each respective embassy and/or consulate of the customer. For most countries, passports need to be valid for at least six months from the date of entry at a border post/airport/seaport.
Activescape Ltd accepts no liability for denied entry or travel due to incomplete or invalid documentation.
Travelers must share all documents in advance including but not limited to ID cards, Passport, VISA, Insurance, Air tickets or any other travel document.
TRAVEL AND MEDICAL INSURANCE:
Activescape Ltd strongly recommends clients obtain comprehensive travel insurance covering medical expenses, trip cancellations, personal liability, loss of personal belongings, and emergency evacuations.
Neither ActivEscape Ltd nor its agents/suppliers or business partners shall/and can be held responsible for any loss, damaged or stolen personal belongings, or medical expenses or any other expenses incurred during the trip.
Clients must disclose any pre-existing medical conditions, allergies, special requirements or disabilities at the time of booking.
In the event of an emergency, Activescape Ltd will take all reasonable steps to provide assistance. This may include contacting local emergency services, arranging transportation, or notifying next of kin. Any costs incurred during an emergency, such as additional transportation or accommodation, will be the responsibility of the client unless covered by their travel insurance.
DIETARY REQUIREMENTS:
Kindly inform us in advance and it will be catered for accordingly. Please disclose any underlying information during the booking stage.
FOREIGN EXCHANGE:
Tourists entering Kenya are allowed to bring in foreign currency without any restrictions, but amounts exceeding USD 10,000 (or its equivalent in other currencies) must be declared upon arrival at customs. This is in line with international regulations aimed at preventing money laundering and other illegal activities.
MINORS AND AGE REQUIREMENTS:
Clients traveling with minors must provide proof of guardianship or parental consent if traveling without one parent. Ensure all required documentation for minors is complete and valid. Persons under the age of 18 must be accompanied by a legal guardian.
Please note that some packages may have age restrictions due to the nature of the activities involved. We recommend reviewing each package's specific details or contacting us directly to confirm age requirements before booking.
MINIMUM PARTICIPANT NUMBERS:
Some of our activities are guaranteed to take place once they have met the minimum participant numbers, otherwise we might be required to join you with another group in order for the activity to go ahead.
FESTIVE SUPPLEMENTS:
A festive season supplement per person per day will apply to bookings during the festive period.
PARK FEES:
All guests going to the national parks must carry their National ID/passports in order for the park authorities to ascertain their nationality and age, and present the same at check in. Park fees, conservancy fees, camping fees, etc, are compulsory charges, quoted per person per day/night. These fees are subject to change without prior notice. They are valid for a 24-hour period and allow for one-time entry. Guests departing after the allotted 24 hours may be subject to additional park or related fees.
AUTHORITY ON TOUR:
In the event where there is a group guide or leader, then their decision is final in all matters affecting the safety or well-being of participants. Clients who fail to comply with their instructions, jeopardize or interfere with the safety of the group, the group guide/leader may opt to terminate the client’s trip without the right to a refund.
In case of any grievances at any point of the trip please reach out directly to ActivEscape Ltd so that management can work towards an amicable solution. You must also at all times comply with the existing tourism regulations and government guidelines, customs, foreign exchange and drug regulations.
Clients are expected to behave responsibly and respectfully throughout their trip. This includes complying with local laws, customs, and regulations, respecting the rights and well-being of other participants, staff, and local communities. Failure to adhere to these responsibilities may result in termination of the trip without a refund.
PERSONAL RISKS:
Clients acknowledge that the nature and participation in tours involves inherent risks, including but not limited to physical injury, illness, and loss or damage to personal property. By participating, clients assume full responsibility for their personal safety and waive all claims against Activescape Ltd for any loss or injury sustained during the trip.
Clients may be required to sign a waiver before participating in high-risk activities. Clients must follow all safety instructions and use provided safety equipment.
LIMITATION OF LIABILITY:
I. To the fullest extent permitted by law, Activescape Ltd excludes all liability for:
a. loss, damage, injury, or death which you may suffer arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
b. you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
c. any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
II. To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion):
a. The provision of a similar trip to an equivalent value; or
b. A refund of the total amount received by us from you in connection with your booking.
III. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
The laws of Kenya, govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Kenya.
PHOTOGRAPHY AND SOCIAL MEDIA:
By participating in any events, activities, or services provided by Activescape Ltd, you consent to the following:
a. Photography and Videography: Activescape Ltd reserves the right to take photographs and videos for promotional purposes during events, activities, or while providing services. These images and videos may include participants, attendees, and clients.
b. Usage Rights: Activescape Ltd retains the right to use these photographs and videos for promotional, marketing, and advertising purposes. This includes, but is not limited to, publication on our social media platforms, website, and other marketing materials.
c. Consent and Release: By participating, you grant Activescape Ltd the irrevocable right and permission to use, edit, alter, copy, exhibit, publish, or distribute these images and videos. You waive any right to inspect or approve the finished product wherein your likeness appears.
d. Opt-Out Option: If you do not wish to be photographed or recorded, please inform us in writing prior to the event or activity. We will make reasonable efforts to accommodate your request.
e. No Compensation: You agree that you will not receive any compensation for the use of your likeness in these photographs and videos.
DATA PROTECTION AND PRIVACY POLICY
By booking with us, you agree to the collection and use of your personal data for processing your booking and providing travel-related services. Your data may be shared with third parties, such as airlines, hotels, and government authorities, solely for the purpose of delivering our services. By providing your information, you consent to its use as outlined. If you do not agree, please notify us in writing prior to booking.
EXCLUDES (unless otherwise stated):
Tips to guides, porters, drivers, waiters, crew, cooks, etc.
International flights, entry visas and airport taxes
Travel Insurance, Medical Insurance & Rescue Insurance
Personal trekking or mountain equipment
Additional food and beverages outside the meal plan
Complimentary drinking water is not served during meals - We recommend using bottled water only.
UPDATING OF TERMS AND CONDITIONS:
Activescape Ltd reserves the right to update these Terms and Conditions at any time. The latest version will be published on the Activescape Ltd website, and it is the client’s responsibility to review these Terms before booking.
By booking with Activescape Ltd, you agree to these Terms and Conditions and release Activescape Ltd from any liability beyond those explicitly stated.
