1. Introduction
These Terms & Conditions (the “Terms”) apply to all bookings, quotations and contracts between you (the “Client” or “you”) and Kenya Incentives Tours & Safaris Limited (the “Company”, “we”, “us”, “our”) for tours, safaris, travel services and other arrangements you take with us.
By making a booking or accepting a quotation you accept to be bound by these Terms.
2. Definitions & Interpretation
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- “Services” means all the travel, safari, accommodation, transport, guiding, tours, events, incentive trips and other related services provided or arranged by the Company for the Client.
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- “Booking” means a confirmed reservation between the Client and the Company for Services; “Quotation” means the suggested programme and price offered by the Company to the Client.
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- “Contract” means the formal agreement between you and us constituted by these Terms together with the booking confirmation and any additional documentation issued by us.
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- In these Terms, headings are for convenience only; words denoting the singular include the plural and vice versa; references to “includes” or “including” are by way of example not limitation.
3. Quotation & Contract Formation
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- A Quotation given by us is an offer to provide the Services under these Terms and is valid for the period stated or otherwise for 30 days from issue unless withdrawn earlier.
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- A Binding Contract between you and us comes into existence when we issue a Booking Confirmation (invoice) and you pay the deposit (if required).
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- These Terms shall govern the Contract unless otherwise agreed in writing by us and you.
4. Services, Itinerary Changes & Sub-contracting
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- We will use reasonable endeavours to supply all Services as described in the itinerary or booking confirmation. However, given the nature of travel and safari operations, we may need to vary or cancel services due to circumstances outside our control (e.g., weather, road conditions, government/park regulations, changes in transport).
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- We reserve the right to sub-contract any part or the entirety of the Services to suitably qualified third–party providers; such sub-contracting shall not relieve us from our obligations to you but you accept that those third-parties may impose their own terms.
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- Any alterations by you to the agreed itinerary must be made in writing and accepted by us. Additional costs incurred as a result of such changes shall be borne by you.
5. Pricing, Payment & Currency
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- The price for the Services will be as quoted in the invoice, based on current exchange rates, fuel, taxes, park/conservancy fees, accommodation rates, transport costs and other suppliers’ charges.
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- Should any element of cost increase between the date of quotation and the date of full payment (for reasons beyond our control such as currency fluctuations, fuel surcharges, holidays/peak seasons, tax increases, park/entry fee changes, government action) we reserve the right to adjust the price accordingly.
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- A deposit (e.g., 25%–50% of the total tour cost) may be required to secure your booking. The balance is due no later than the date specified in the invoice (commonly 30-60 days before commencement). If full payment is not received by the due date, we reserve the right to cancel the booking and apply cancellation charges.
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- Payments must be made in the currency specified in the invoice (e.g., Kenya Shillings (KES) or US Dollars (USD)). Banking/transaction fees imposed by banks or intermediaries are your responsibility.
6. Cancellations, Amendments & No-Shows
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- If you cancel your booking: you must notify us in writing. Cancellation fees will be applied as set out in the invoice or booking confirmation. The amount depends on how near the cancellation is to the commencement of the Services (e.g., more days ahead = lower fee; fewer days = higher fee up to 100%).
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- If you amend your booking (changing dates, itinerary, number of persons) we will try to accommodate your request and may charge an amendment fee plus any difference in cost.
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- If you fail to join the tour or arrive late (no-show) at any stage, no refund will be given for unused services and we will not be responsible for any consequential costs or losses.
7. Client Responsibilities & Travel Insurance
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- You are responsible for obtaining and carrying all valid travel documents (passport, visas, permits), health certificates or vaccinations required for Kenya or other destinations included in your itinerary. You should check with your local embassy or relevant authority in advance.
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- You must notify us of any special requirements (dietary, medical, mobility, disability) at the time of booking. We will use reasonable efforts to assist but cannot guarantee fulfilment.
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- You must observe the rules of accommodation, transport providers, parks/conservancies and local regulations.
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- We strongly advise you to obtain comprehensive travel insurance covering at a minimum: personal injury/death, medical evacuation/repatriation, cancellation/curtailment, loss/damage of baggage and personal effects, and third-party liability.
8. Liability & Exclusions
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- We act only as an intermediary between you and various service providers (accommodation, transport, guides, airlines, park authorities). Except where required by law, our liability is limited to the extent of the services we directly provide.
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- We exclude liability (to the maximum extent permitted by Kenyan law) for loss, damage, injury, accident, death, delay, change or cancellation of services due to causes beyond our control (force majeure) including but not limited to: government action, war, strikes, natural disaster, wildlife behaviour, road accidents, flight changes, weather, disease, epidemics or pandemics.
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- We do not accept liability for any loss or damage to personal luggage, valuables or equipment unless such loss is proven to be caused by our direct negligence.
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- Our total liability to you in contract, tort (including negligence), statute or otherwise shall not exceed the total amount you paid for the booking.
9. Health, Safety & Wildlife
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- Safari travel in Kenya invariably involves wildlife, sometimes remote locations, roads of varying condition and unpredictable weather. You travel at your own risk and must follow the instructions of guides and local authorities.
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- You must disclose any medical or physical condition which may affect your ability to travel safely in the itinerary environment. If you fail to do so and as a result cause additional expense, delay or risk, you will be responsible for those costs.
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- We reserve the right to refuse to carry a person who is, in our reasonable judgement, unfit to travel or whose behaviour disrupts the group or violates local laws/regulations.
10. Force Majeure & Changes by Us
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- If we or any supplier of the services is prevented from providing any part of the itinerary or facility due to circumstances beyond our reasonable control (force majeure), we will make reasonable alternative arrangements but cannot be liable for any loss, damage or expense resulting from such event.
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- We may modify the itinerary, accommodation, transport or rates due to local conditions, availability, seasonal changes or the need to keep the programme operating. We will inform you as soon as reasonably possible and use reasonable endeavours to keep the changes to a minimum and of equal or better standard, but we cannot guarantee no changes.
11. Governing Law & Jurisdiction
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- These Terms and the Contract shall be governed by and construed in accordance with the laws of Kenya.
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- Any dispute, controversy or claim arising out of or in connection with the Contract or your booking shall be subject to the exclusive jurisdiction of the courts of Kenya.
12. Intellectual Property & Use of Materials
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- All photography, itinerary documents, brochures, website content, images, logos and other materials provided by us remain our intellectual property or the property of our suppliers. You may not reproduce, distribute or modify those materials without our written permission.
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- You may be photographed, filmed or otherwise recorded by us or our agents during the tour or event. By booking you consent to such use of your likeness for promotional or marketing purposes unless you specifically notify us in writing before the start of the Services.
13. Privacy & Data Protection
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- Our use of your personal data is governed by our Privacy Policy. By booking you consent to us processing, storing and transferring your personal data in accordance with that Policy and applicable data protection laws in Kenya (e.g., the Data Protection Act 2019).
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- You agree that we may pass your details to third-party suppliers in order to fulfil your booking.
14. Severability & Variation
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- If any clause or part of these Terms is found unenforceable or invalid under applicable law, it shall be deemed removed or modified so as to be enforceable and the remainder of the Terms shall continue in full force and effect.
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- We reserve the right to vary or amend these Terms at any time; the version applicable to your booking will be either (i) the Terms in force at the time of the Quotation or (ii) those Terms notified to you in writing and accepted by both parties.
15. Miscellaneous
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- Third-party rights: No person or entity other than the parties to the Contract shall have any rights under or in connection with it.
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- Assignment: You may not transfer your booking to another person without our written consent. We may transfer or assign our rights and obligations under the Contract to another appropriate provider.
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- Your behaviour: You must behave responsibly at all times. If, in our or the guide’s reasonable opinion, your behaviour is disruptive, offensive, dangerous or a breach of the itinerary or local law/regulation, we reserve the right to exclude you from the remainder of the tour without refund.
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- Entire agreement: The Contract (including these Terms, the Quotation, Booking Confirmation and any other written amendments) constitutes the entire agreement between you and us. No other oral or written representation or warranty shall bind us unless incorporated in the Contract.
Contact Us
For any queries relating to these Kenya Incentive Safaris terms and conditions, please contact us at:
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- Address: P.O. Box 26666-00100, Nairobi, Kenya
Last updated: 04.11.2025
