Terms & Conditions

1.0 Booking, Agents Liability, Deposit, Refunds and Minimum

1.1 Booking Confirmation

A booking of any arrangement offered in this brochure or Agents Manual may be made verbally, provided it is immediately confirmed in writing, by fax, email, or telex (“Booking”). For purposes of payment of the Deposit and/or the Price, the Booking shall be deemed to have been effected at the time the Web Tropical Holidays – Worldwide Tours and Travels Ltd organized tour (“Tour”) was booked verbally and not the time it was confirmed in writing.

1.2 Deposit Payment

A deposit amount requested by Web Tropical Holidays – Worldwide Tours and Travels Ltd, through a duly authorized staff member or agent at the time of Booking, shall be payable immediately upon receipt of your Booking.

1.3 Authority to Book

The person making the Booking warrants that he or she is duly authorized to do so on behalf of all members of the travelling party.

1.4 Agent Liability

If a Booking is made or brokered through a travel agent (“Agent”), such Agent agrees to be bound by these conditions and confirms that it acts as a fully authorized agent on behalf of each member of the party.

To the extent that Web Tropical Holidays – Worldwide Tours and Travels Ltd incurs any loss or damage arising directly or indirectly from the Agent signing the Booking on behalf of each member of a Tour, the Agent shall immediately indemnify Web Tropical Holidays – Worldwide Tours and Travels Ltd against such claims, costs, demands, and expenses.

1.5 Minor Travellers

Each member of the party shall jointly and severally indemnify Web Tropical Holidays – Worldwide Tours and Travels Ltd against any claims, costs, demands, and expenses made by any minor (under the age of 18 years) arising out of or in connection with the Tour.

1.6 Itinerary

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

1.7 Failure to Confirm Booking

If Web Tropical Holidays – Worldwide Tours and Travels Ltd is unable to confirm your Tour, your Deposit will be refunded in full.

However, if the company cannot confirm the precise Itinerary requested but proposes what it considers to be a reasonably similar alternative prior to the Due Date, the Deposit shall not be refunded.

1.8 Pricing

All Tour prices are calculated based on costs prevailing at the date of Booking. Web Tropical Holidays – Worldwide Tours and Travels Ltd reserves the right to change prices without notice up until the Due Date.

2.0 Final Payment

2.1 Payment Deadline

The total cost of the Tour (“the Price”) must be received in cleared funds by Web Tropical Holidays – Worldwide Tours and Travels Ltd no later than 60 days before the Tour commencement date (“Due Date”).

If the Booking is made less than 60 days before departure, full payment shall be due immediately upon receipt of the invoice.

Availability of the Tour is dependent upon payment being made in accordance with this condition.

2.2 Failure to Pay

If the Price is not received by the Due Date, Web Tropical Holidays – Worldwide Tours and Travels Ltd reserves the right to cancel the Tour or re-cost the Itinerary, including imposing a surcharge to cover additional costs.

2.3 Price Adjustments

Provided the Price has been paid by the Due Date, Web Tropical Holidays – Worldwide Tours and Travels Ltd shall be bound to the quoted Price unless affected by factors beyond its control that frustrate the Agreement.

In such cases, the company reserves the right to adjust the Price accordingly.

2.4 Bank Account Details

Payment for Hospitality, Tours & Travel Services

Account Details

Intermediary Bank Details

3.0 Cancellation / Alteration

3.1 Cancellation Charges

If you wish to cancel or materially alter your Booking, you must do so in writing.

The following cancellation fees shall apply:

3.2 Application of Deposit

Your Deposit and any other payments made will be applied against your liability under Clause 3.1.

3.3 Refunds

Any balance not retained by Web Tropical Holidays – Worldwide Tours and Travels Ltd will be refunded less:

• Charges already incurred for reservations

• Cancellation fees imposed by hotels, lodges, or transporters

• Any additional expenses incurred by the company

3.4 Alterations During Tour

If you request changes after the Tour has commenced, you will be liable for any cancellation fees or additional charges.

3.5 Company Rights

Web Tropical Holidays – Worldwide Tours and Travels Ltd reserves the right at any time, without liability, to:

• Change Tour arrangements

• Offer substitute facilities of equal value and reputation

• Cancel scheduled Tours

In the event of cancellation, a full refund will be made except where cancellation results from:

• War or threat of war

• Insurrection or riots

• Strikes or civil action

• Government decisions

• Natural disasters

• Bad weather

• Transport technical or maintenance issues

• Air carrier operational decisions

• Any circumstances beyond the company’s control

4.0 What the Price Includes

4.1 Included in the Price

• Transport, including excursions and game drives as specified in the Itinerary

• Accommodation with full-board table d’hôte meals

• Government hotel taxes

• Hotel service charges

4.2 Not Included in the Price

• Visa fees

• International and domestic airport taxes unless stated otherwise

• Gratuities

• Beverages

• Laundry services

• Personal expenses

• Communication costs such as telephone calls or fax transmissions

• Supplementary hotel/lodge charges

• Park or entry fees unless specified in the Itinerary

5.0 Accommodation

5.1 Room Arrangements

Web Tropical Holidays – Worldwide Tours and Travels Ltd will endeavor to provide rooms with private bathrooms based on two persons sharing a double room.

Single rooms are available at a supplementary cost.

However, the company does not guarantee the availability of either private bathrooms or single rooms, even if specifically requested.

5.2 Hotel Changes

While every effort will be made to provide accommodation in the hotel, lodge, or camp of your choice, the company reserves the right to substitute accommodation with establishments of similar value and standing.

6.0 Transportation and Guides

6.1 Transport Arrangements

The company shall provide such aircraft, safari minibuses, safari cruisers, cars, four-wheel-drive vehicles, or coaches as it considers necessary based on:

• Route conditions

• Road conditions

• Number of clients

The company reserves the right to alter transport arrangements and routes.

6.2 Subcontractors

Web Tropical Holidays – Worldwide Tours and Travels Ltd reserves the right to employ subcontractors for transportation services.

6.3 Driver Guides

The company shall provide the services of driver guides.

7.0 Right of Refusal

7.1 Company Rights

Web Tropical Holidays – Worldwide Tours and Travels Ltd reserves the right to:

• Refuse Bookings from persons deemed unsuitable for the Tour

• Decline to accept or retain any person as a Tour member at any time

7.2 Refunds in Such Circumstances

If the company exercises its rights under Clause 7.1.2 where the client is not at fault, it may refund an amount considered equitable under the circumstances.

8.0 Your Responsibility

8.1 Insurance

You are responsible for obtaining adequate insurance cover for:

• Personal accidents

• Medical expenses

• Loss of baggage

8.2 Travel Documentation

You are responsible for ensuring that:

• Passports

• Visas

• Vaccination certificates

• Currency and travellers cheques

are in proper order.

The name on airline tickets must match the passport.

You must reconfirm international flight departures at least 72 hours before departure unless the company has agreed to do so on your behalf.

8.3 Special Requirements

You must inform the company at the time of Booking of:

• Special dietary requirements

• Disability assistance requirements

• Any other special needs

While every effort will be made to accommodate such requests, no guarantees are provided.

8.4 Medical Conditions

You must disclose any medical condition or disability that may materially affect your ability to participate in or enjoy the Tour.

9.0 Company Responsibilities

9.1 Agency Role

Except where transportation is provided directly by company-owned vehicles, Web Tropical Holidays – Worldwide Tours and Travels Ltd acts only as an agent in matters relating to transportation and other services.

9.2 Limitation of Liability

The company shall not be liable for injury, delay, loss, or damage arising from:

• Transportation

• Accommodation

• Services provided by third parties

• Acts or omissions of service providers

except in cases involving death, injury, or illness caused directly by negligence of the company or its employees acting within the scope of their employment.

9.3 Personal Risk

All property and baggage travel entirely at your own risk.

9.4 Indemnity

You agree to indemnify Web Tropical Holidays – Worldwide Tours and Travels Ltd against claims except as specifically provided in these conditions.

10.0 Jurisdiction

All matters concerning these conditions shall be governed by the laws of the Republic of Kenya.

You submit to the exclusive jurisdiction of the Courts of Kenya.

11.0 Arbitration

Any dispute relating to the validity, construction, or performance of this Agreement shall be referred to arbitration.

The Arbitrator shall be appointed, in default of agreement between the parties within 21 days of notification of the dispute, by the Chairman of the Chartered Institute of Arbitrators, Kenya Branch.

Arbitration shall take place in Nairobi in accordance with the Arbitration Act (Cap 49).