V. CANCELLATIONS BY TROPICAL VACATIONS
Tropical Vacations and its other offices shall be entitled to cancel the booking by written notice to the operator at any time before the beginning of the tour if the operator has failed to make any payment under the terms of these conditions or if the operator has failed to make a payment under the terms of any other contract with Tropical Vacations.
VI. PHOTOGRAPHY DURING TRAVEL
Tropical Vacations and other offices reserve the right to take photographs during the operation of any excursions or part thereof and to use the photographs for promotional purposes. By confirming a safari, holiday or tours with Tropical Vacations, clients agree to allow their images to be used in such photographs. Clients who prefer that their images not be used are asked to identify themselves at the beginning of their tours.
VII. LIMITS ON TROPICAL VACATIONS RESPONSIBILITY
Tropical Vacations does not own or operate any entity that provides the goods or services for your safari, holidays or tours. It purchases the transportation (road, air, rail), accommodation, restaurant and other services from various independent suppliers and these are not subject to its control. Tropical Vacations or its other offices cannot therefore, be held liable for death, personal injury or any other loss that may occur:
- Due to any act of omission by such supplier.
- By reason of any other event over which it has no control.
However, Tropical Vacations will ensure that every service provided is of best category having been checked and approved by global incentives tourism or its other offices.
Tropical Vacations is not responsible for any injury, death, inconvenience, loss of personal property, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to: acts of god, force majeure, illness, disease, acts of war, civil unrest, insurrection of revolt, animals, strikes or other labour activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or any other failure or delays of aircraft or other means of transportation, or for failure of any transportation mechanism to arrive or depart on schedule and other acts or incidents beyond its ability to control.
VIII. OPTIONAL ACTIVITIES THAT MAY BE DANGEROUS
Depending on the itinerary, optional activities will be available at some places you will visit. There are certain inherent risks in adventure travel. These include but are not limited to: risks of sand ski, dune buggies, camel safaris, fishing trips, mountain climbing/trekking, team building and other activities which can cause serious personal injury, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of medical emergency. Client assumes all such risks with regard to these possibilities. You should be aware that, although precautions are taken by the suppliers to guard against such dangers, your safety cannot be guaranteed.
Should you elect to participate in such activities while you are on your tour, you are of course free to do so. However, you must understand that such participation will be at your own risk, and that Tropical Vacations can assume no responsibility for your safety.
IX. TRAVELLER’S REPRESENTATIONS
The traveller represents that he or she nor anyone travelling with him or her has any physical or other condition or disability that would create a hazard to him or herself or other members on the safari, holidays or tours. Should travellers have any condition that may restrict them from certain activities, they should inform Tropical Vacations so that we can advise them prior to the activity.
X. AIR & GROUND TRANSPORTATION
All scheduled or chartered airline flights are occasionally subject to overbooking, delays or cancellation. If this occurs, Tropical Vacations and/or its correspondent companies will do all in their power to assist clients in boarding flights or finding alternative arrangements. It must be stressed that this is done as a courtesy to clients and Tropical Vacations cannot be held responsible for denied boarding, nor for additional cost thus incurred or for missed services occasioned by the same.
Our safaris tours are operated both by 08 Seater Safari Minibus, or the 4 X 4 – 07 Seater Safari Land Cruiser. The type of transport utilized will be based on the specifications of the chosen itinerary, as well as the number of clients and the route taken. For reliable communications, our safari vehicles are equipped with both HF and VHF radios. Our Drivers and tour guides are professionally trained and speak fluent English in addition to other foreign languages.
XI. CLAIMS AND REFUNDS
Except for verifiable extenuating circumstances, refunds are not made for any missed services. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the safari, holidays or tours and must be accompanied by supporting documentation.
Any and all disputes concerning this contract, the brochure or your trip shall be resolved solely and exclusively by binding arbitration according to the current rules of the Kenya Arbitration Association in Nairobi, and any such arbitration, the substantive law of Kenya will apply.