Booking Terms & Conditions

Terms & Conditions

 TERMS & CONDITIONS

Please read carefully the terms & conditions of this contract. 

In completing and submitting the Booking Form, you agree to be bound by these conditions that constitute to the agreement between Safari & Fjell Expeditions (“S&F”) and you the client.

These conditions apply to the exclusion of any other terms or conditions unless they are set out in the Booking Form or are otherwise agreed to in writing by the parties. Previous dealings between the parties will not vary these conditions. No purported variation of these conditions will be effective unless in writing and signed by a person so authorized by S&F. In these terms and conditions reference to “S&F representatives” means tour leaders and staff of S&F, its officers, employees, agents, licensees, guides and other third parties and representatives in which the tour is conducted.

  1. How to book

1.1 Booking is affected when S&F accepts from you a completed online booking form and a deposit/full payment of your trip. We suggest you take out travel insurance at time of booking. Further information in relation to your trip is provided in the trip notes, which are provided for each trip, on our website at www.safari-fjell.com and by submitting your booking form and paying for your trip you are deemed to have read and understood the relevant trip notes. Please let S&F know if you have any queries in relation to these trip notes.   

1.2 S&F will issue you with a booking confirmation. A binding contract will be created as soon as we issue you with a booking confirmation that will confirm the details of your booking. Upon receipt, if you believe that any details are wrong you must advise us immediately. You will be required to complete and return a booking form to ensure that your names/ contact details are correct. S&F will send all documents and correspondence to the e-mail on the booking form. If you book through a travel agent or other agent, we will send documents to the agent’s address. All monies that you pay to the agent will be held by him on our behalf at all times.

1.3 If payment of the tour price is not received by S&F by the stipulated due date on the invoice the tour will be presumed to be cancelled and cancellation charges in accordance with Condition 5 will apply in regards to any deposit that may have been paid.

1.4 Payment of the balance or the full tour price may be made by SWIFT Direct Bank Transfer (USD/ KES).

1.5 If a booking is made after the balance of the full tour price is payable, the booking is effected only when S&F is able to confirm availabilty to provide the service required. Thereafter a confirmation via e-mail will be sent out to you confirming your itinerary.  

  1. Switching to another tour

2.1 if you wish to switch from one tour to another:

2.1.1 you must notify S&F in writing i.e. e-mail;

2.1.2 you may only switch from one tour to another tour which commences within 2 months of your original departure date;

2.1.3 any additional costs which arise out of or in connection with the switch shall be payable by you subject to availability;

2.1.4. Any requested change from one tour to another is subject to availability and the agreement in writing of S&F.

  1. Transfer of your tour to another person.

3.1 Where you are prevented from proceeding with your tour (for example if you are required to undertake leave from the trip as a result of the illness or death of a close relative), you may transfer it to another person provided:

3.1.1 you give a minimum of 2 months notice to S&F;

3.1.2 in S&F’s reasonable opinion, the person to whom you wish to transfer the tour satisfies all the conditions applicable to the tour, including that the person meets all the medical and fitness requirements of the trip and not receiving confirmation from its service providers that the transfer is acceptable; and

3.1.3 the payment of any additional costs arising out of or in connection with such a transfer are paid to S&F.

3.2 You acknowledge that both you and the person to whom the tour is transferred shall be jointly and severally liable to S&F for the price of the tour, the administration fee USD $100 per change and any additional costs arising out of or in connection with the transfer.

  1. Amendments.

4.1. If you wish to make amendments to your tour arrangements, you must notify S&F in writing as soon as possible.

4.2 We will make every effort to ensure that requests for an alteration of the booking are met subject to the limitations imposed on us by our agents’/suppliers’ terms and conditions. Requests must be received in writing from the person who made the booking. An amendment fee of Kshs. 5,000 / $50 per person will be charged in addition to any costs incurred by us in making the changes requested. These charges are due regardless of whether the alteration was successful and are payable immediately. We reserve the right to treat a request as a cancellation and re-booking and the standard cancellation charges will apply as set out herein above.

4.2. Any requested amendment to tour arrangements is subject to availability and the agreement in writing of S&F. 

  1. Cancellations & Overdue Invoices

5.1. If it becomes necessary for you to cancel your tour, cancellations must made be in writing, by the person who made the booking and will be effective from the date that we receive the written notice. Cancellation charges are set out below and apply in all cases unless we notify you otherwise before the booking is made. After departure date, refunds will not be given for wholly and/or partly unused tickets, transfers, accommodation, spa treatments or other services booked as part of your holiday. In all cases insurance premiums are non-transferable and non- refundable. The percentage below relates to the total holiday cost (excluding insurance premiums, amendment fees) and the period relates to the number of days prior to departure:

5.2. For all tours, the following conditions apply:

  • More than 60 days from trip departure: 75% of the trip cost refunded*
  • 31-59 days from trip departure: 50% of the trip cost refunded*
  • 30 – 1 days from trip departure: 0% of the trip cost refunded*

*subject to which season the booking date falls into.

5.3. For any booking done less than 30 days prior to trip departure, we will require a 100% payment to confirm the same. Any cancellations in this regard will incur a 100% non-refund of the trip cost.

5.4. Any outstanding invoices which are overdue will be charged a penalty fee of $USD 200 per calender month until the dues are cleared.

  1. Health and fitness requirements.

You must be in good health and physical condition and are strongly advised to follow our pre-departure fitness training recommendations, where necessary. For many of our tours you will be required to submit a medical questionnaire completed by you or your doctor as proof that you are fit enough to participate in the tour. If you have booked a tour graded 1-3 the only time that a medical clearance will be required by your doctor is where you have a pre-existing medical condition or are over 65 years of age. This clearance will be required to be signed by your doctor 60 days prior to departure. If you have booked a tour graded 4 or 5 you will be required to have your doctor complete and sign your clearance and return to us 60 days prior to departure. If you suffer from severe muscular, chest, heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating on certain mountain & extensive adventure trips. At times some of our tours take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive, unless you are covered by our AMREF MED EVAC cover. Medical expenses will be your responsibility. While we do not discriminate by age, due to the extreme nature of our mountaineering trips we strongly discourage participants over 65 years of age. We reserve the right in our absolute discretion to refuse a participant the right to participate in a tour on medical or fitness grounds.

  1. Medical disclosure.

7.1 You declare and warrant that:

7.1.1 you are in good health mentally and physically at the time of booking this tour;

7.1.2 you have disclosed to S&F every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to S&F’s decision in permitting you to go on the adventure tour;

7.1.3 immediately upon any adverse change in your health or fitness that may be likely to affect S&F’s decision in permitting you to go on the adventure tour, you will notify S&F in writing of any such adverse change.

7.2 S&F is permitted to disclose medical information to our consultant doctor and he/she may exclude you from a tour if deemed necessary. You acknowledge that the obligation to disclose under this Condition 7 continues from the time of booking the tour through to departure and extends for the duration of the tour. You acknowledge that the obligation to disclose as per Condition 7 hereof continues from the time of booking the tour through to departure and extends for the duration of the tour.

7.3 If you fail to comply with the duty of disclosure as per Condition 7 hereof and if S&F would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this Condition 7, S&F will not be liable for personal injury, death or property damage or loss incurred by you.

  1. Tour Leaders and Conduct

8.1. For the purposes of this Condition ‘tour leader’ includes both the nominated tour leader and any other nominated person given at any time the task of leading or supervising any aspect of the tour.

8.2 S&F’s tour leaders take their responsibilities seriously and if for any reason a tour leader believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, even if you pass your medical, the tour leader may exclude you from the tour. In this event, but subject to Condition 5, you will be offered the option of taking another tour subject to availability. If for any reason during a tour the nominated tour leader considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated tour leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, the tour leader may direct you not to continue and you must follow the tour leader’s instructions. In this case you will not be entitled to any refund. Your personal travel insurance may compensate you depending on the circumstances.

8.3 S&F reserves the right to change, at any time, the tour leader of any tour. If this happens, S&F will try to ensure that the alternative tour leader has expertise commensurate with that of the tour leader. Any such change by S&F will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which you may suffer.

  1. Cancellation and Amendments by S&F

9.1 S&F reserves the right to cancel any tour prior to departure in the event unforeseeable cases. In such circumstances you will be given a refund of the tour price paid by you subject to Condition 5. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including visa, passport costs, vaccination charges, gear purchases, airfares, airport and airline taxes).

9.2 The operational status of your tour will be advised 60 days prior to the start date of your tour. We advise against paying for your international flights until your trip has been confirmed as going ahead.

9.3 It is most unlikely that we will have to amend or cancel your holiday, but we reserve the right to do so at any time and in any circumstances. Written notification of “major changes” or cancellation will be sent, as soon as is reasonably possible. “Major” changes are: a change of accommodation to one of a lower standard, or to a different geographical area for the whole of or for the majority of the time that you are away. All other changes will be “minor”. In the event that we have to cancel or make a “major” change to your holiday before you depart, we will give you 3 choices: (1) you can accept the change (2) we can offer you an alternative holiday of a similar standard. If you accept the alternative offered, you will be asked to pay any applicable increased costs or if it is cheaper, we will refund you the difference (3) you can re-book the holiday for another date in the future subject to availability. 

9.4 If we become unable to provide a significant proportion of the services due to unforeseeable circumstances after you have departed, we will make try our utmost to arrange alternative arrangements for you. Charges may apply if the changes are a higher fee than what was initially booked/ paid for.

9.5 Cases of Force Majeure (see below) or where we cancel your holiday because you have failed to pay on time, are excluded and compensation can not be claimed nor refunds given.

9.6 Force Majeure means unusual and unforeseeable circumstances beyond our control, the consequences of which neither us nor our service providers can avoid. These include but are not limited to: war, threat of war, riot, civil strife, terrorist activity, (actual or threatened), industrial dispute, technical problems with transport, power failure, natural or nuclear disaster, fire, adverse weather conditions, unforeseen operational decisions of air carriers such as changes of schedules. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. We will follow the advice given by the Foreign Office.

9.7 If there is a “minor” change before you depart we will try to tell you before you go although we are not obliged to do so, nor are we obliged to compensate you. Minor domestic flight time changes will be detailed on tickets and you are advised to check these carefully upon receipt.

  1. Changes, postponement, cancellation or delays by S&F

10.1 Subject to Condition 11, S&F reserves the right to:

10.1.1 change the date of departure or conclusion of the tour;

10.1.2 modify any aspect of the tour;

10.1.3 cancel or modify any routes within the tour or objectives set out in the itinerary; or

10.1.4 substitute different or equivalent routes within the tour in place of cancelled or modified routes, or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of S&F, it is necessary to do so due to government travel warning or advice, or any change in such warning or advice, inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or in the case of any real or perceived health risk (including COVID-19, SARS or bird flu), or if, in the absolute discretion of S&F, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by S&F.

  1. Itineraries and brochures

11.1 Itineraries and other details, including minimum operating numbers, are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by S&F.

11.2 The information contained in S&F’s brochures, itineraries, and website is, to the best of S&F’s belief, correct as at the date of publishing.

  1. Insurance

S&F believes that adequate medical /travel insurance is vital, therefore we recommend having a policy before you travel. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

Special Requests:

If you have a particular request, it should be indicated on the Booking Form or made in writing at the time of making the booking. We will do our best to ensure that your request is met by passing it on to our supplier, although no special request can be guaranteed.

12.1 It is a recommendation of booking a tour with S&F that before you travel with S&F, ideally be in possession:

12.1.1 Medical / travel insurance

12.2 To be acceptable to S&F, a policy of medical /travel insurance must:

12.2.1 be valid for the entire duration & location of the tour; and

12.2.2 cover you for illness, injury, death, loss of baggage and personal items, cancellation, curtailment, emergency rescue and repatriation.

12.3 You agree that it is your responsibility to check the adequacy and validity of any insurance policy effected by or on your behalf and you must provide evidence to S&F that you have obtained personal medical / travel insurance.

12.4 You agree it is your responsibility to have cover for any pre-existing medical conditions if applicable and should you not be able to get cover for a certain condition, then you agree to cover any costs associated with repatriation or emergency health care whilst on an SOGF tour.

12.5 Personal medical / travel insurance is not included in the tour price. Unless otherwise stated on your booking confirmation.

  1. Passports, visas or vaccinations required for travel

13.1 Your passport must be valid for at least 6 months after the date of your return.

13.2 It is your responsibility to obtain a passport, proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including improper documentation or failure to provide information.

13.3 It is entirely your responsibility to obtain the relevant medical advice and vaccinations and make all other necessary preliminary arrangements including compliance with visa requirements, and we accept no responsibility whatsoever in the event that these matters are not dealt with prior to departure.

13.4 In some cases, full and correct passport information is required when a booking is submitted to us in order that we can obtain necessary tickets on your behalf. If you do not supply the appropriate and correct information when you make your booking, we will not be able to make the necessary bookings on your behalf and cannot be held responsible.

  1. Airlines and other transport providers

14.1 Any flights or other transport forming part of the tour arrangements are subject to the terms and conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.

15 Holiday prices:

15.1 The prices featured in this brochure and on our website are “lead in” prices and are intended to act as a guideline only.

15.2 We will confirm the price of your holiday at the time of booking. The price will remain subject to change until you have paid in full. Reasons why your holiday price may change include, but are not limited to, significant fluctuations in exchange rates (“significant” means more than 2% of your total holiday price), charges introduced by the local or overseas government or any other regulatory body such as taxes, airport charges or bonds. We reserve the right to pass these costs on to you. We will notify you immediately of any increased charges and will send you a revised confirmation.

15.3 Any changes to exchange rates or other costs that may reduce the cost of the holiday are non-refundable.

15.4 Unless otherwise stated your holiday will not include the cost of visas, overseas airport taxes, vaccinations, insurance, spa treatments, hotel extras, items of a personal nature, tours and excursions and chargeable activities at the hotel.

15.5 We reserve the right to amend the price of unsold holidays at any time.

  1. Tour price revisions

16.1 The price of the tour may be revised upwards or downwards to reflect changes to:

16.1.1 transportation costs (including fuel costs);

16.1.2 dues, taxes and fees and for services such as landing taxes or embarkation or disembarkation fees; and

16.1.3 the exchange rate applied to particular tours.

16.2 Any changes in park fees

16.3 S&F reserves the right to modify tour prices up to 30 days prior to the departure date.

16.4 Any increase in tour prices must be paid in line with Condition 1.3.

16.5. Exclusions from tour price unless where stated as included in your itinerary:

The items not included in the tour price include personal travel insurance; visa, passport and vaccination charges; departure, airport and airline taxes; meals, transport costs, accommodation costs, or other expenses not included in the itinerary; laundry, personal clothing; medical expenses; beverages and items of a personal nature; emergency evacuation (unless stated) and/or emergency search charges; additional expenses caused by delay, accidents or disruption of planned itineraries; tips; excess baggage charges. Refer to our tour notes for full details of inclusions and exclusions.

  1. Assumption of risk

17.1 You acknowledge and agree that:

17.1.1 by the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays;

17.1.2 the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;

17.1.3 the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour;

17.1.4 the very nature of the adventure travel undertaken by you may require considerable flexibility on your part, necessitating alternative arrangements to be made to the itinerary at short notice; and

17.1.5 you have submitted your booking for the tour after giving due consideration to relevant travel information including any information or advice issued by your country’s Foreign Office (if applicable and that it is your responsibility to acquaint yourself with that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed tour and the accompanying risk of injury, death or property damage or loss.

  1. Airport delays and other travel information:

18.1 The airlines and other carriers concerned provide transport timings. They are subject to change as a result of air traffic control restrictions, weather conditions, operational and maintenance requirements etc. We cannot be held liable if there is a change to a departure or arrival time shown on any booking confirmation or ticket. Furthermore, we cannot make any special arrangement for you if you are delayed as such matters are at the sole discretion of the airline or other carrier concerned.

  1. Complaints Procedure

19.1 In the unlikely event that you have a problem during your holiday, complaints must be reported immediately and directly to the Hotel Manager who is the best person to assist or to our designated representative or ground handler the details of which we will have given you prior to your departure. Failure to report your complaint straight away may affect your rights in connection with the matter concerned. In the unfortunate event that matters remain unresolved, please immediately call or email your complaints through to the Safari & Fjell’s’ phone No: +254-716897523 or sogfexpeditions@gmail.com / info@safari-fjell.com We will endeavour to respond as quickly as possible to ensure that you enjoy the remainder of your holiday. If you are still not content, please put your complaint in writing within 14 days of return to your home country, setting out the reasons for disappointment. We will not accept a complaint that does not follow this procedure.

  1. Limitation of Liability

Our Responsibilities: (Limitation as to our liability)

20.1 All of the information in our brochure is checked to ensure its accuracy at the time of going to print (MARCH/2022). However the services and facilities of our suppliers may change from time to time and whilst such changes are out of our control, we will do our best to ensure that you are advised of such changes at the time of booking or prior to departure in accordance with paragraph 9.3

20.2 As regards carriage by air, sea and rail and the provision of accommodation, our liability is limited in accordance with the provisions of International Conventions.

20.3 We will not accept liability where death, personal injury or illness is as a result of a) your own acts or omissions, b) those acts or omissions of a 3rd party unconnected with us and not involved in providing a service forming part of your holiday, c) circumstances which neither we nor our agents/suppliers could have anticipated or avoided even whilst exercising all due care including circumstances of Force Majeure.

20.4 If during your holiday you or a member of your party suffers personal injury, loss or death by misadventure from an activity which does not form part of your travel arrangements with us, we will not be liable to pay you any compensation, but we will assist you if you ask us for help, in writing, within 90 days of the personal injury, loss or death. Assistance may include advice and guidance for the purpose of making a claim against the offending party.

20.5 The terms and conditions of companies providing transportation for your travel arrangements apply to and are incorporated into this contract and may affect your rights to compensation.

20.6 Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities.

20.7 You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in your country of origin. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which may apply.

20.8 You understand that we will not be liable where any failure in the performance of the contract is due to:

208.1 you;

20.8.2 a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable;

20.8.3 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or

20.8.4 an event which we or our suppliers, even with all due care, could not foresee or forestall.

20.9 S&F, is not liable in cases involving death, injury or illness arising whilst on a tour arranged by us.

20.10 You acknowledge and agree that:

20.10.1 S&F will not be liable for any breach of any law by any person with whom you travel on the tour; and

20.10.2 you may not rely on any representations concerning the tour made by S&F which are not contained in these conditions.

20.10.3 In event of an emergency, first aid may be administered but any member from S&F and will in no way be held responsible of any actions arising from administering the help. 

  1. Your Responsibility

21.1 It is your responsibility to ensure that you check-in at the required time for departure of your flight and to reconfirm your return flights directly with the airline. You must ensure that you have a valid passport, visa documents and, if applicable, international driving licence according to the requirements of your destination, and conform to the health requirements and vaccinations existing at the time of travel. Losses that either of us suffer because you fail to meet these responsibilities lie with you and you must reimburse us for any such losses. You and your party must behave in a responsible and reasonable manner for the entire duration of your holiday. If for any reason we are advised of inappropriate or offensive behaviour by you or a member of your party, we reserve the right to terminate your holiday and this contract forthwith. In such circumstances we will not be liable to refund to you any money nor reimburse any consequential loss or damage suffered by you. We reserve the right to claim any loss we suffer as a result of any inappropriate behaviour by you, for example damage to hotel property. The Foreign and Commonwealth Advice Unit may issue information about your holiday destination. You are advised to check this information prior to travel.

  1. Release and discharge from all claims

22.1 To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all Safari & Fjell Expeditions representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the tour or any activities conducted in conjunction with the tour, or in connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by S&F representatives in arranging such optional activities will not render the S&F representatives liable to you in any way.

  1. General

23.1 Waiver: A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

23.2 Severance of conditions: If any part of any condition is illegal, unenforceable or invalid, it is to be treated as removed from these conditions, however, the remainder of these conditions are not altered.

23.3 Privacy: You permit S&F to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to S&F’s representatives in order to ensure your safety and well-being but will not be used by them for any other purpose.

23.4 Arbitration: Any complaint arising out of your tour must be brought to the attention of the local S&F agent or representative. Your complaint should be made in writing within 24 hours of the cause of the complaint and signed by the S&F agent or representative confirming that it was brought to his or her attention.

  1. Data Protection Act:

24.1 We will be responsible for ensuring that the personal information, which you provide to us during the course of booking your holiday, is kept secure. We will pass on this information to our service providers/ or in a case of criminal prosecution to the relevant state agencies where deemed necessary. When making a booking with us, you are consenting to your personal information being passed on to our service providers. 

  1. Law:

25.1 Your contract with Safari & Fjell Expeditions shall be governed by Laws of the Republic of Kenya and be subject to the exclusive jurisdiction of the Kenyan courts.