Terms and Conditions

Garnet Tours & Travel Terms and Conditions

APPLICATION

• The Customer agrees that no indulgence whatsoever by the Company shall constitute a waiver in respect of any of its rights under this agreement and under no circumstances will the Company be prevented from exercising any of its rights in terms of this agreement.
• The terms and conditions contained in this document shall apply to the tour booking concluded between the Company and the undersigned client in respect of the tour, as more fully described in the tour dossier provided to the client on confirmation of the booking.
• All references in these terms and conditions to “client” shall include references to an agent of the client with such changes as the context may require

APPLICABLE LAW AND JURISDICTION

•  These terms and conditions shall be deemed to have been concluded in Nairobi, Kenya and shall be interpreted according to the laws of the Republic of Kenya.
•  The client consents to the jurisdiction of the Magistrates Court of Nairobi in terms of the provisions of Kenyan Laws but it is specifically agreed that Garnet at its instance will have the discretion to sue in the High Court if it is deemed appropriate.
• Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.

BOOKINGS

•  The Company reserves the right not to confirm the booking until the full amount set out in the invoice received by client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.
•  Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.
• All Last-minute bookings are to be paid in full before any services are rendered. The company will do its best to offer last minute services, However, the company will not be liable of any outcomings that may arise due to last minute booking
• For Flight bookings, once the company has issued the flight ticket to the client, it is the responsibility of the client to ensure his trip is in order. The company will not be liable for any occurrences that may arise after the ticket is issued to the client such as change of flight timings by the airline, no show cases, etc.

TOUR PRICE, DEPOSIT AND PAYMENT

• A booking is considered confirmed when Garnet sends written confirmation to the client confirming the booking. Invoices are issued on booking confirmation, 50% payment is required at 60 days prior to departure and full payment is due 30 days prior to the departure date.
• If a booking is made within 60 days of the tour departure date, 50% payment is required on booking. If the booking is made within 30 days of the tour departure date, 100% payment is required on booking. Non-payment of stipulated percentage at time of confirmation, within 60 days of tour departure date, will result in the cancellation policy being applied.
• When booking a tour that includes a Gorilla Trekking Permit, immediate payment for the permit is required in order to secure the trekking permit. This payment is non-refundable and is paid directly to the gorilla tour operators.
• While Garnet has utilized its best endeavors to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Garnet reasonable control, in which event Garnet shall utilize its best efforts to notify the clients of such changes as soon as possible.
• The tour price includes only those services/items that are included as per the itinerary and the tour dossier, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third-party service provider or to the Company for settlement with a third-party service provider.
• The Company records that prices/charges/tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations of a particular country and, accordingly, the Company has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the tour. The Company accordingly
  reserves the right to increases the relevant prices/charges/tariffs to account for such increases and/or fluctuations. The client will be notified of such increase and/or fluctuation as soon as
  possible and only if possible, do its best to obtain the client’s authorization before commencing with the final booking of such trip.
• Although the Company takes care to ensure that all information on their website and or price brochures and/or quotations are correct, it will not be bound to any price that contains an inadvertent and/or obvious error. If a mistake occurs in any advertisement, the Company undertakes to take all reasonable steps to inform the customer of the correct details. All prices are quoted in Kenya Shillings (KES) and US Dollar (USD) currency. Company Standard Exchange rates will be applicable to change one currency to another.
• Electronic Transfer: Proof of the transfer with a bank stamp must be faxed or emailed to our office (+254 746 475184 / info@garnettoursandtravel.com) as proof of payment. All transfer / bank
  fees are the responsibility of the client. Garnet Tours & Travel must receive the full total due in to the bank account.
• Credit Card: If Garnet Tours & Travel accepts payment by Credit Card, a 5% administration fee will be added to the total tour fare for which payment is being made.

CANCELLATIONS

• Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by Garnet Tours & Travel. Cancellation fees are applied to the tour price, activity package, green seat and pre/post tour services.
• No cancellation fee is applicable to tours cancelled more than 60 days before date of Departure
• Should a Client cancel a booking 60 days or less prior to the date of departure of the tour for any reason (except due to death or hospitalization), the client shall be liable to pay a cancellation penalty. The cancellation penalty is calculated by having regard to the nature of the booking, length of notice of cancellation and reasonable potential to find alternative customers. Having regard to the aforementioned factors, the following percentages may be forfeited by the customer in respect of the arranged tour price due to a no-show based on the number of days between receipt of the cancellation notice and the date of the departure: – >60 Days: No fee applies
• – 30 – 60 Days: 50% of the tour price is held as cancellation
  – 10 – 29 Days: 75% of the tour price is held as cancellation
  – 0 – 09 Days: 90% of the tour price is held as cancellation
• The Company shall be entitled to apply any portion of the non-refundable deposit paid by the client toward any cancellation penalty payable in terms hereof.
• The Company reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, the Company shall refund the tour price (which includes for the avoidance of doubt, the non-refundable deposit) to the client. It is recorded that refund of the tour price as aforesaid shall be the Company’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the tour.
• The client acknowledges that the scheduled trips (special offers) are subject to a minimum booking of 5 passengers (including the client). If the minimum booking is not obtained, the Company reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against the Company.

CHILD POLICY

• 13 – 15 Years: Garnet will accept any number of children between the ages of 13 to 15 years on any tour without requesting permission from agents or clients. 8 – 12 Years: Children between the ages of 8 – 12 years will be accepted to travel with
• A child must be 8 years or older to partake activities such as ziplining, hiking, etc
• Any traveler between the ages of 0 – 16 must be accompanied by a parent, unless specific authorization had been obtained from Garnet.
• 17 – 18 Years: Guests of this age may travel with us with a letter of permission from their guardian; they do not require a parent to travel with them.
• “On A Request Basis” means that Garnet will receive the child request from the agent and once Garnet has confirmed receipt of the child request with the agent in writing, all other agents who have guests booked on the specific departure will be contacted to request permission for the child / children to join the tour. The agents then have 48 hours to respond to the request. If no response is received from any agent, the child/children will be accepted onto the tour. If the response is negative, we will have a look at an alternative date or tour for the family.
• Age restrictions may apply to certain items listed in the respective tour Activity Packages. It is important that you are aware of these restrictions prior to confirming the Activity Package for children on tour.
• Children above 12 years of age are considered adults and therefore adult rates apply (in most cases)

AMENDMENTS TO BOOKINGS

• In the event that the client joins the tour after the departure date, or leaves before the completion thereof for any reason whatsoever, the client shall not be entitled to any refunds or rebates whatsoever from the Company.
• Should be aware that if a Client wishes to transfer from one tour to another, outside the 60-days prior to departure period, no fee applies
• Where the client wishes to change tours (that is, to move from the tour confirmed herein to another tour), such amendment is subject to –- The Company being able to accommodate the client on the substituted tour;
  – Payment by the client of an administration fee and
  – The change being made by no later than 60 days prior to the departure date of the original tour, failing which the cancellation penalties set out in the terms and conditions shall apply.
  – Changing the date of a tour, within 60 days of the departure, is subject to a fee of 15% of the tour price, whichever is the higher of the two.
  – Changing the date of a tour, within 30 days of the departure, is subject to a fee of 30% of the tour price.
  –In the event that a tour is changed, these terms and conditions shall apply to the substituted tour, with the necessary changes having been made.

PASSPORTS, VISAS AND OTHER TRAVEL PAPERS

• It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.
• The Company shall not be held liable for any loss or damage to any client’s luggage arising due to circumstances beyond the reasonable control of the company.

INSURANCE

• Comprehensive travel and cancellation insurance are mandatory on the tour. It is the client’s responsibility to ensure that he or she has such insurance in place (together with the required paperwork to prove such insurance) before embarking on the tour.
• Should the client be unable to present the proof of such insurance to the Company (on request therefore by the Company), the Company may, in its sole discretion, exclude the client from the tour, and the client shall be liable for the cancellation penalty payments set out in these terms and conditions.
• The client acknowledges that travel insurance must include comprehensive medical insurance including provision for air evacuation, and that the Company shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.

BAGGAGE

• The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and the Company shall not be liable for any loss or damage to such baggage or personal effect, howsoever arising.
• The client shall be entitled to one bag (being a backpack or soft bag, and not a suitcase) that weighs not more than 20 kilograms, and a daypack. Should the client require larger baggage allowance, this may be arranged with the Company against payment of a fee that the Company may levy in its sole discretion. Notwithstanding the aforegoing, the Company reserves the right to refuse excess baggage or oversized baggage.

HEALTH

• The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.
• Where the client is over the age of 65, the Company requires a medical certificate or doctor’s letter confirming that the client is medically fit to undertake the tour.
• In respect of all clients over the age of 65 years, a medical questionnaire is required to confirm that the client is physically able to undertake the tour. Garnet Tours & Travel will not accept a reservation without this documentation.

AUTHORITY ON TOUR

• The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the tour.
• In addition, the client acknowledges that any disruptive, dangerous or potentially dangerous behavior during the tour shall not be tolerated and that the Company, its employees, representatives. Agents and/or contractors being so authorized, reserve the right to exclude the client from the tour at any point therein in such circumstances.
• The Company shall not be liable for any costs and/or expenses for the client resulting for exclusion as aforesaid, and the client shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances.

MARKETING

• The Company reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client hereby consents to such use.
• The client further agrees that the Company shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to the Company.

UNFORSEEN CIRCUMSTANCES

• Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.

TRAVEL DOCUMENTS

• On booking, the client shall be issued with our tour dossier and pre-departure information documents. It is the responsibility of the client to read and understand these documents before travelling.

INDEMNIFICATION AND EXCLUSION OF LIABILITY

• The client accepts that the tour is of an adventurous nature and involves an element of personal risk.
• The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour, and the client irrevocably and forever releases and discharges the Company and its respective director, officers, employees, representatives and agents from any and all such liability.
• The client furthermore indemnifies and holds the Company and its respective directors, officers, employees, representatives and agents harmless from and against any and all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any other such person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.

Brochure and Website Content
We take reasonable care to ensure the accuracy of the information contained in our brochures and on our website. However, content is subject to change, often due to the actions of our suppliers (e.g. airlines, hotels, activity providers, car hire companies etc). We will endeavour to notify you of any change known to us and affecting your holiday prior to issuing you with our booking confirmation and after that, as soon as we are notified by our Suppliers. We do not generally use linking or framing. We are not responsible for the content, policies and services of any sites linked to or accessible via our website.

Packages
A ‘package’ is a pre-arranged combination of at least two of the following, booked by you through us at an inclusive price, and where the combination lasts for a period of more than 24 hours or involves overnight accommodation: (a) transport; (b) accommodation; (c) other services not ancillary to transport or accommodation and a significant part of the booking.

Where the arrangements which you make with us for your holiday do not amount to a ‘package’ (as defined above) our obligation is limited to using reasonable skill and care in selecting a suitable supplier for the component you have booked e.g. accommodation and your contract will be with the supplier and not us, who will act as an agent.

Booking Conditions
All holidays are subject to availability. When you make a booking with us you are making an offer to us to buy some of our advertised services. We reserve the right to refuse to accept and/or not to proceed with any booking at any time in our sole discretion. Once the contract is made between us we will use reasonable skill and care to perform our obligations to you in accordance with our Terms & Conditions.

All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the ‘lead name’ for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract.

Completion and submission by you of our Booking Form will be treated by us as confirmation that you have read, understood and accepted all our Terms & Conditions.

It is important that you accurately complete our booking form as all documents, notices and other information relating to your holiday will be sent to this address. It is your responsibility to ensure that the details which you supply to us are correct.

1. Payment
   You will be notified at the time of booking of the price of your holiday. You will be required at the time of booking to pay us a non-refundable deposit, typically 20% of the quoted holiday price, and the full holiday price of a booking should be made at least 60 days prior to departure. In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 20%. On occasions, our suppliers require additional amounts up to full payment in advance (for example for Christmas bookings). On these occasions we will require additional payment in advance. Unless you are making a late booking, the balance owing must be paid to us no later than 60 days before your date of departure. If we do not receive the balance by this time, then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges.

We accept cheques, bank transfers and credit or debit card. There are no fees for any payment method. If your booking is made so close to the departure date that it is necessary to issue your documents on departure or send them to you by special delivery, there will be an administration charge payable by you per booking. An administration charge also applies to any changes carried out by us at your request

2. Prices
   The prices quoted in our brochures, on our website or in our publicity and promotions from time to time are correct at the time of publication. In the event of any change in our prices to those stated we will notify you prior to accepting your booking. All our prices are quoted in Kenya Shillings and US Dollars

(a) Packages
We guarantee the price of your holiday stated in our booking confirmation. We may however pass on to you certain additional charges resulting from increased transportation costs (including the cost of fuel), dues, taxes, landing taxes or embarkation or disembarkation fees at ports and airports or fluctuations in the exchange rate. We will not pass on any such charges occurring within 30 days of your scheduled date of departure nor which would result in an increase of less than 2% in the total cost of your holiday.

(b) Other holiday arrangements
We reserve the right to pass on any charges levied on us from time to time by our suppliers in respect of any other holiday arrangements made by us on your behalf:
• Return transportation costs including luggage allowance as confirmed
• Overseas transfers/transportation
• Accommodation, meals
• The services of a representative, concierge, tour guide or an appointed local agent, including a 24-hour emergency contact (except cruises)
• All UK departure taxes, fees and passenger charges
• Any applicable overseas port charges
• Child discounts

Our holiday price does not normally include:
• Visa fees, overseas airport departure charges payable locally, porterage, personal expenditure, hotel extras, fuel and extras for car hire
• Taxes or compulsory charges introduced by Governments, regulatory bodies or airlines after you have booked
• Security charges introduced or increased after you have booked relating to transportation costs
• Holiday insurance

The price payable by you for your holiday and what this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation.

(c) Group bookings and discounts
Some bookings or prices are dependent on the number of participants or occupants and if this applies to your holiday arrangements you will be notified by us at the time of booking. We reserve the right to make further charges where numbers fall below those required to qualify for the discount offered or price otherwise appropriate. We also reserve the right to cancel such a booking in the event that numbers fall below the required number at any time up to 30 days prior to your due date of departure.

 

PRIVACY POLICY
The Supplier has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. The Supplier will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally, this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

The purposes for which The Supplier will use your personal information are as follows: to transact with you via the website or email regarding reservations, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.

The Supplier shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on The Supplier; (b) to protect and defend the rights or property of The Supplier, and (c) for the purposes of distributing same to various employees and/or third parties who assist The Supplier in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.

Whilst the supplier is of intent to take reasonable measures to keep personal information about you confidential, it shall however not be liable for any loss or damage, suffered as a result of the disclosure of such information beyond the reasonable control of the supplier.

The Supplier will:

• treat your personal information as strictly confidential;
• take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. However, the Company will retain your contacts which we will use to share our future offers with you with your consent.

IMAGE USE DISCLAIMER

All images used on this website are the property of Garnet and may not be copied or used without permission.