Introduction
This agreement is made between Go Trip Africa (hereinafter referred to as “GTA”) and the Client (which term includes the agent or individual making the booking). The agreement is subject to the following terms and conditions, which may be amended by GTA from time to time in GTA’s brochures, website, or other published materials. By making a booking with GTA, the Client is deemed to have read, understood, and agreed to be bound by these terms and conditions.
Tour Booking and Payment
Booking Method: All bookings must be made in writing or by email.
Deposit: A 50% deposit of the total tour cost is required at the time of tour confirmation.
Late Bookings: If a booking is made within 45 days of the tour commencement date, full payment shall be required immediately upon confirmation of services.
Group Bookings: For group bookings, a non-refundable deposit may be requested by GTA on a case-by-case basis.
Final Payment: Payment in full must be received by GTA no later than 20 days before the start of the tour arrangements (unless otherwise agreed in writing). GTA reserves the right to cancel any booking without notice if the Client fails to pay the balance by the due date. In the event of such cancellation due to non-payment, GTA may, upon the Client’s request, re-quote the tour (which could be subject to a price surcharge).
Price Adjustments: Upon receipt of full payment, GTA will provide the agreed services at the quoted price. However, GTA unconditionally reserves the right to adjust the price if compelled by any factor beyond its control (for example, significant tax changes, fuel surcharges, currency fluctuations, etc.).
Currency: The tour prices are generally quoted in a specific currency. If the Client wishes to pay in a different currency than the one invoiced, the Client should request the applicable rate of exchange from GTA prior to payment.
Cancellation & Amendments
Notification: All cancellations or amendment requests must be communicated to GTA in writing (e.g., via email or letter). The date of receipt of the cancellation by GTA (as determined by GTA, taking into account any communication delays) will be the effective date for calculating cancellation charges. The following cancellation fees shall apply:
If a cancellation notice is received more than 30 days prior to the commencement of the tour, a cancellation fee equal to 30% of the total tour cost will be charged.
If a cancellation notice is received 30 to 15 days before the commencement of the tour, a cancellation fee of 50% of the total tour cost will be charged.
If a cancellation notice is received 14 to 7 days before the tour start date, a cancellation fee of 75% will be charged.
If a cancellation notice is received within 6 days of the commencement of the tour (including any time after that up to departure), a cancellation fee of 100% will be charged.
Peak Periods: Please note that during certain peak travel periods or special events, the above standard cancellation policy may not apply. In such cases (e.g., where GTA has had to make full non-refundable payments to hotels or lodges well in advance), any cancellation may incur up to 100% cancellation charges regardless of the notice period. GTA will advise the Client at the time of booking if any special cancellation terms apply to the particular tour period.
Refund of Deposit: GTA will apply any tour deposit paid by the Client against the applicable cancellation fees. If the cancellation fees are less than the deposit paid, the remaining balance of the deposit (if any) will be refunded to the Client.
No-Shows & Unused Services: There are no refunds for any unused portions of the tour program. This includes situations where a client does not show up for the tour, joins late, leaves early, or decides to skip any scheduled tour activities; no refunds will be made for such missed services.
Amendments: If the Client requests an amendment or alteration to a booked tour (for example, changes in dates, itinerary, or number of participants), GTA will endeavor to make the changes with minimal or no extra cost. However, the Client will be liable for any unavoidable costs or penalties incurred due to the amendment. Any request for changes must be made in writing, and GTA ability to accommodate changes may be subject to availability and the policies of third-party suppliers.
Refunds
Unprovided Services: If GTA is unable to provide any pre-paid service or tour component due to GTA’s own negligence or other fault (for example, a booked accommodation was not provided and no alternative of equal standard was arranged, or a paid-for activity was missed due to GTA’s error), GTA will refund the Client the value of that service, or a proportionate amount of the tour cost, as appropriate. Any such refund for shortcomings in services provided by GTA will be determined on a case-by-case basis.
Third-Party Refunds: Refunds for any services or portions of the tour that are missed or not delivered as promised due to third-party failures (such as airline cancellations, hotel overbookings, etc.) will be subject to the terms and conditions of those third-party suppliers. GTA will assist the Client in seeking any due refunds from those suppliers but does not guarantee recovery of funds.
Cancellation Refunds: Refunds due to tour cancellation by the Client (when applicable under the Cancellation policy above) will be processed less any cancellation fees. If the Client is entitled to a refund of any monies after deduction of cancellation charges and any non-refundable components, GTA will endeavor to process such refund within a reasonable period. Any bank charges or fees incurred during the refund process will be borne by the Client.
No Refund for Unused Services: As noted under “Cancellation & Amendments,” no refunds will be made for any unused tour services or portions of the trip voluntarily skipped by the Client.
Limit of Liability
Inherent Risks: The Client acknowledges that certain tour activities carry inherent risks. These include, but are not limited to: wildlife viewing (with risks of animal attacks or encounters in the wild), walking safaris, hot air ballooning, light aircraft flights, mountain climbing, white-water rafting, jet-ski, zipline and other adventure or outdoor activities. By undertaking such activities, the Client accepts all associated risks. GTA shall not be liable for death, injury, or incident that arises from participation in such inherently risky activities, except in cases of willful negligence by GTA. (Clients are again reminded to have appropriate insurance coverage for such activities.)
Force Majeure and Other Uncontrollable Events: GTA will not be responsible for any loss, damage, or expense due to causes beyond its reasonable control (force majeure events or acts of God). These include but are not limited to: illness or epidemic, quarantine restrictions, weather extremes or natural disasters (such as floods, earthquakes, hurricanes), strikes or labor disputes, war or armed conflict, terrorism, civil disturbances or riots, government actions or border closures, and changes in government regulations (including immigration or customs rules). If such events occur, GTA will endeavor to make alternative arrangements so as to minimize impact on the tour, but any costs incurred due to such unforeseen events will be borne by the Client.
Travel Delays and Cancellations: GTA is not liable for any delays or cancellations in transportation services (flights, trains, road transport, etc.) that are beyond its direct control. Any additional costs resulting from travel delays (such as extra hotel nights, meals, or rebooking fees) are the Client’s responsibility. GTA will assist in providing documentation for travel insurance claims in such cases.
Indirect or Consequential Loss: In no event shall GTA be liable for any indirect, incidental, or consequential losses or damages (such as lost profits, lost opportunities, or emotional distress) arising from the tour or these terms and conditions. The maximum liability of GTA for any claim whatsoever (for breach of contract, negligence, or any other cause) will not exceed the total amount paid by the Client for the tour in question.
Laws of the Land
Governing Law: This agreement and any disputes or claims arising from it shall be governed exclusively by the laws of the Republic of Kenya.
Jurisdiction: The Client and GTA agree that the courts of Kenya shall have exclusive jurisdiction to hear and determine all disputes, suits or actions (of whatever nature) arising out of this agreement or the Client’s tour. The Client agrees to submit to the jurisdiction of the Kenyan courts for this purpose.
Severability: If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Waiver: The failure of GTA to enforce any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. No waiver by GTA of any breach of these terms by the Client shall be deemed a waiver of any other existing or future breach.