SOUTHERN CROSS SAFARIS LIMITED BOOKING CONDITIONS

1. BOOKING, AGENTS LIABILITY, DEPOSIT, REFUNDS AND MINORS
1.1 A booking of any of the arrangements offered in this brochure or Agents Manuals may be made by you verbally provided it is immediately confirmed in writing or by fax or telex (“Booking”) (provided always that for the purposes of the payment of the Deposit and/or the Price the time that the Booking shall be deemed to have been effected shall be the time that the SCSL organised tour (“Tour”) was booked verbally and not the time that it was confirmed in writing)

1.2 A deposit of an amount requested by SCSL’s duly authorised member of staff or agent at the time of Booking shall be payable immediately upon receipt of your Booking.

1.3 The person who shall make the Booking hereby warrants that he or she is duly authorised to do so and does so on behalf of all of you.

1.4 If a Booking shall be made or brokered through a travel or booking agent (“Agent”) such Agent hereby agrees to be bound by these conditions and confirms that it makes any Booking as a fully authorised agent for and on behalf of each member of the party. To the extent that SCSL shall incur any loss or damage arising directly or indirectly from the Agent’s signing the Booking on behalf of each member of a Tour, the Agent shall immediately indemnify SCSL against any such claims, costs, demands and expenses whatsoever, wheresoever and whensoever made.

1.5 Each of you shall joint and severally indemnify SCSL against any claims, costs, demands and expenses whatsoever and whensoever made by any of you who may be a minor (that is under age of eighteen years) arising out of or in connection with the Tour.

1.6 An itinerary specifying the details of your Tour, will be sent to the person making the Booking as soon as is reasonably practicable following receipt by SCSL of your Booking (the “itinerary”).

1.7 If SCSL is unable to confirm you on a tour, it will refund you your Deposit in full. However, it is possible that SCSL may not be able to confirm you on the precise itinerary stated by SCSL in the Itinerary in which event, if SCSL proposes (what it considers to be) a reasonably similar alternative to that requested by you prior to the Due Date (as specified below) then it will not refund you the Deposit.

1.8 All prices for tours are calculated on costs prevailing at the date of your Booking although SCSL reserves the rights to change such prices without notice up until the Due Date (as defined below).

2. FINAL PAYMENT
2.1 The total cost of the Tour as specified in the Itinerary (the “Price”) shall be paid so as to be received in cleared funds by SCSL not later than 35 days before the date of such Tour (the “Due Date”) except when the date of your Booking is less than 35 days before the departure of your Tour, in which event full payment shall be due immediately upon receipt of SCSL’s invoice. Availability of the Tour is dependent upon your having paid the Price in accordance with this condition.

2.2 In the event that the Price shall not have been received by the Due Date, SCSL reserves the right to cancel the Tour or as a condition of providing the Tour to recost the Itinerary (including imposing a surcharge in respect of our additional costs).

2.3 Provided that the Price shall have been paid by the Due Date SCSL shall be bound unconditionally to the Price quoted from that time unless the Price shall be affected by any factor beyond the control of SCSL which frustrates this Agreement in which case SCSL reserves the right to adjust the Price accordingly.

3. CANCELLATION/ALTERATIONS
3.1 If you wish to cancel or alter your Booking you must do so in writing in which event the following fees or percentages will be charged, calculated with reference to the date of receipt of notification in writing, or fax or telex by SCSL. If such Booking shall be cancelled or (in the opinion of SCSL) be altered materially by you SCSL reserves the right to charge the following cancellation fees:
3.1.1 within the period of 60 to 36 days of the date of the commencement of the Tour, a fee of 25% of the total land arrangements;
3.1.2 within the period of 35 to 20 days of the date of commencement of the Tour, a fee of 50% of the aforesaid;
3.1.3 within the period of 19 days up to the date of commencement of the Tour, a fee of 100% of the Price.


3.2 Your Deposit and any other payments on account will be applied against your liability under sub-clause 3.1, otherwise towards the part payment of the Price if for any reason it had not been paid in full by the Due Date.

3.3 In respect of the balance of the Deposit and other payments on account not retained by SCSL pursuant to the preceding two sub-clauses, SCSL will refund such amount to you less:
3.3.1 any charges that have been made for reservations which have already been contacted, any cancellation fees imposed by hotels, lodges or transporters and for any other expenses which SCSL may have incurred.

3.4 In relation to any request by you to alter your Tour after it has commenced, whilst SCSL will use its reasonable endeavours to implement such request, you will be liable for any cancellation or additional charges that may be levied for the Tour originally booked.

3.5 SCSL reserves the right at anytime and without incurring any liability whatsoever or howsoever to make changes to your Tour arrangements (including flights, accommodation, transport or services), to offer substitute facilities (in SCSL’s view) of equal value and reputation, or to cancel any scheduled tour. If SCSL shall cancel the Tour it shall make a full refund except in respect of any cancellation caused by war or threat of war, insurrection, riots, strikes, civil actions, decisions by governments or governing authority, natural disaster, bad weather, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers or other similar circumstances beyond SCSL’s control.

4. WHAT THE PRICE INCLUDES
4.1 The Price includes:
4.1.1 transport including excursions from hotels (such as launch trips and game drives) as indicated in the Itinerary;
4.1.2 accommodation with fullboard table d’hôte meals as specified in the Itinerary;
4.1.3 government hotel taxes;
4.1.4 hotel service charges;
4.1.5 sight-seeing, game bird walks as specified in the Itinerary
4.1.6 the cost of all charter flights indicated in the Itinerary and any scheduled flight indicated in the Itinerary as being included in the Price.

4.2 The Price does not include:
4.2.1 visa fees and international and domestic airport taxes (unless indicated otherwise in the Itinerary, gratuities (other than service charges specified in sub-clause 4.1.4 above), beverages, laundry and other items of a personal nature, any communications cost (such as telephone calls or fax transmissions);
4.2.2 any supplementary charges imposed by hotels/lodges;
4.2.3 any Park (or other) entry fees except where these are specifically quoted in the Itinerary.

5. ACCOMMODATION
5.1 Without any acceptance of liability for failure to do so, SCSL shall endeavour to book rooms for you with private baths on the basis of two persons sharing a double room. Single rooms shall be available at a supplementary price. However SCSL does not guarantee the availability of either a private bathroom or a single bedroom, even when a private bathroom or single bedroom had been specifically requested by you.

5.2 Whilst SCSL will use its best endeavours to ensure that you stay in the hotel, lodge or camp of your choice, it reserves the right to alter the identity of your destination provided that it shall reserve rooms for you in hotels/lodges/camp which, in its view, are of similar value and standing. SCSL accepts no responsibility or liability in the event that it has offered the services of an establishment of similar price and standing which have been declined by you.

6. TRANSPORTATION AND GUIDES
6.1 SCSL shall provide such aircraft, safari minibuses, safari cruisers, cars, four-wheel drive vehicles or coaches as it considers necessary to transport you, based on considerations such as the route to be taken, the condition of the roads and the number of clients on the proposed journey. SCSL reserves the right to alter any such arrangements made, including the proposed route to be taken.

6.2 SCSL reserves the right to employ the services of sub-contractors to effect your transportation.

6.3 SCSL shall provide the services of a driver-guide.

7. SCSL’S RIGHT OF REFUSAL
7.1 SCSL reserves the right to:
7.1.1 refuse any Booking from persons whom it considers unsuitable for the type of travel to be undertaken;
7.1.2 decline to accept or retain you as a member of any Tour at any time.

7.2 If SCSL exercises its right under sub-clause 7.1.2 in circumstances in which you shall not have been in fault, then SCSL may refund you an amount it considers equitable taking into account all of the circumstances.

8. YOUR RESPONSIBILITIES
8.1 You shall ensure that you have obtained adequate insurance cover against personal accident, medical expenses and loss of your baggage.

8.2 You shall ensure that all your travel documents, full passports, visas, vaccination certificates, currency and travellers’ cheques are in order and that the name that appears on your airline ticket (if relevant) shall be the name that appears on your passport, and that you reconfirm all your international flight departures at least 72 hours prior to departure, unless SCSL shall have agreed by prior arrangement to reconfirm on your behalf.

8.3 You shall be responsible for informing SCSL when the Booking is made of any requests for special diets or facilities for the disabled or for any other special needs. Whilst every effort will be made to meet such requests, SCSL does not guarantee that such requests will be met.

8.4 You shall inform SCSL when you make the Booking of any medical condition or disability which may materially affect your ability to enjoy or suitability for the Tour.

9. SCSL RESPONSIBILITIES
9.1 Except where SCSL shall transport you in its own vehicles, SCSL and its agents act only as your agent in all matters relating to your transportation or the provision of any other services to you regardless of whether you are transported by aircraft, rail, road, motor-coach, ship, boat or any other means.

9.2 SCSL shall not be liable for any injury, delay, loss or damage howsoever arising from your transportation, accommodation or from any other services provided to you or from any act or omission of any person (or their sub-contractors agents or employees whether acting within the scope of their contractual obligations agency or employment or not) who shall provide any such service other than for death, injury or illness caused by the negligent acts and/or omissions of SCSL or its employees and agents (other than air and sea carrier agents performing any domestic, internal or international carriage of any kind) whilst acting within the scope, or in the course, of their employment. The amount of damages SCSL shall pay to you under this clause shall be such damages as might have been claimed irrespective of death, injury or illness caused by the negligence of SCSL, its employees or agents as aforesaid as accepted under the laws of the country in which the event giving rise to the loss took place.

9.3 In respect of any other loss not specifically referred to in this clause you, your property and baggage travel entirely at your risk.

9.4 You will keep SCSL indemnified against any claims except as provided for in this condition.

10. JURISDICTION
All matters concerning these conditions shall be subject to the laws of the Republic of Kenya. You submit to the exclusive jurisdiction of the courts of Kenya which shall be the sole forum for the hearing of any claims other than those which shall be referred to arbitration pursuant to clause 11.

11. ARBITRATION
A dispute or difference between us relating to the validity, construction or performance of this agreement shall be referred to an Arbitrator to be appointed (in default of agreement between us) within 21 days of notification of such dispute by one of us to the other by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch, upon the application of either of us. Such arbitration shall be conducted at a venue in Nairobi in accordance with the Arbitration Act (Cap.49).