Mukima Walking Safaris Ltd, t/a Kenya Treks

Terms and Conditions

1. The following booking conditions form the basis of your contract with Mukima Walking Safaris Ltd t/a Kenya Treks of PO Box 84, Nanyuki 10400, Kenya with company number CPR/2013/116046. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

2. These booking conditions only apply to arrangements which you book with us in Kenya and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to, “booking”, “contract”, or “arrangements” mean such arrangements unless otherwise stated. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires.  “We”, “us” and “our” means Mukima Walking Safaris Ltd t/a Kenya Treks. References to “departure” are to the start date of the arrangements we contract to provide.

3. To make a booking, you must complete our booking form.  The first named person on the booking (“party leader”) must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made.  By requesting the booking, the party leader confirms that he/she is so authorised.  The party leader is responsible for making all payments due.  The party leader must be at least 18 when the booking is made.  Any electronic acknowledgement of your booking is not a confirmation of it.  Your booking will be confirmed, subject to the availability of your chosen arrangements, when we issue our confirmation.  This confirmation will be sent to the party leader.  Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.

4. A binding contract between us comes into existence when we despatch our confirmation to the party leader. We both agree that Kenyan law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”). We both also agree that any claim must be dealt with by the Courts of Kenya.

5. We will not ordinarily ask for a deposit. Full payment is due 8 weeks prior to departure. Payment must be made by international bank transfer. Payment cannot be accepted by any other means. Payment details will be emailed to you prior to the payment date. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case cancellation charges will be payable (see clause 8 below) from the date we reasonably treat your booking as cancelled.

6. The price of your travel arrangements can be varied after confirmation due to changes in transportation costs such as fuel and scheduled internal flights, government changes in VAT or any other government imposed changes such as increases to park and conservancy fees as well as currency changes in relation to an exchange rate variation.

7. Should you wish to make any changes to your confirmed booking, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests.  Where we can any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers will be payable. Changes may result in the recalculation of the booking price where, for example, the basis on which the price of the booking was calculated has changed.

8. If you need to cancel a confirmed booking you must notify us in writing. We will do our best to assist you, however, cancellation charges will be payable. The amount of such charges varies according to the time your notice of cancellation is received by the supplier concerned before departure. The cancellation charges below will apply unless we inform you otherwise at the time of booking.

Period before departure that notice of cancellation is received:

Cancellation charge:

More than 56 days          No charge

Fewer than 56 days        100% (unless we are able to obtain a refund from our suppliers)

9. We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in marketing and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. In the event that your booking cannot proceed because we are unable to fulfil your contracted arrangements or any reasonable alternative, we will refund the payments you have made to us for your booking. We will not be responsible for any other expenses including without limitation, the cost of flights or any other form of transport. Please note, a refund will only be provided where we are unable to provide your contracted arrangements in the circumstances referred to above. Without limitation you will not be entitled to a refund and cancellation charges are likely to apply where you are unable to travel to Kenya for any reason (including relating to Covid-19) but we remain able to provide the contracted arrangements. Very rarely, we may be forced by force majeure to change or terminate your booking after you have arrived. This is very unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

10. Many of the services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you.  Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.

11. It is essential that you take out personal travel insurance for all members of your party which must include coverage for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need (v) cover for costs and liability arising from any specific activity you intend to participate in (your policy must cover you for trekking over 3000 metres) . Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.) Some suppliers require that you have this insurance as a condition of the booking. Please be aware that any advice against non-essential international travel (including as a result of the coronavirus pandemic) issued by the government of your country of residence may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance. . It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you.

12. Requirements for passports and visas may change and you are therefore strongly recommended to check the up to date position with the applicable passport office, embassy or consulate in good time before your arrangements commence. You must check the entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on return to your home country, at the time of booking and in good time before and close to departure. Requirements are likely to change and travel restrictions may be imposed (which could be at no or very short notice prior to departure) as a result of the Covid-19 situation. You must also keep up to date with this information while you are away.

13. Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please therefore check with a doctor or clinic or other reliable source of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest information. Please be aware that there may be enhanced screening/monitoring at exit and entry points. You may be required to self-isolate or quarantine for a fixed period on arrival overseas and/or on your return to your country of residence, possibly in a designated facility. Any such requirement may be introduced or changed at very short notice.

14. It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/Covid-19 related ones).  If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as referred to in clause 8.

15. If you have any complaints concerning any services we provide, you must inform us straight away in writing and in any event within 28 days of the end of any arrangements booked. We regret we cannot accept any liability if we are not so notified.

16. If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.

17. Our arrangements may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.

18. If you or any member of your party has any medical condition, disability or significant reduction in mobility which may affect your booking (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or mobility which may affect your booking develops after your booking has been confirmed. If we feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation. If full details are not given at the time of booking or if the condition, disability or reduced mobility develops after booking, we reserve the right to cancel when we become aware of these details.

19. Your expedition leader or guide has the authority to make such decisions as he / she considers appropriate in the circumstances in the interests of the safety, health, wellbeing or enjoyment of the entire group or individual group members. Such decisions may result in changes to the planned itinerary. It is a condition of our contract that you acknowledge and accept this authority.

20. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

21. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the booking of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service.  We will have no further responsibility toward such person(s) including any return travel arrangements.  No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

22. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of “force majeure”. In these booking conditions, “force majeure” means any situation within our reasonable contemplation, which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional adverse weather conditions, fire, an outbreak of a serious illness and all events of a similar nature.

23. We will exercise reasonable skill and care in making the arrangements which form part of your booking. Except as stated otherwise in these terms and conditions we have no liability to you for the actual provision of the arrangements provided by our suppliers. Our total liability to you for the arrangements, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your booking shall be limited to the cost of the arrangements. You acknowledge and agree we are not liable to you, under any circumstances, for any loss of enjoyment, opportunity, profit, savings, revenue or interest or any other consequential or indirect, incidental, special or punitive loss, damage or expenses. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. Nothing in these terms and conditions shall limit or exclude our liability for:
    • death or personal injury caused by our own negligence, or the negligence of our personnel;
    • fraud or fraudulent misrepresentation; and
    • any other liability which cannot be limited or excluded by Kenyan law.

24. The information contained on our website, in the information document and in any other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.

25. If you are unwell with any of the following: a high temperature, new continuous cough or a loss of, or change in, your normal sense of taste or smell (anosmia), you must self-isolate and follow the guidance issued by your own government or public health authority. Cancellation charges will apply if you are unable to travel as set out in clause 8 as a result. If you become unwell during your holiday, you must follow the guidance provided locally and by your own government. You must have insurance to cover you in the event that you have to cancel, curtail or remain abroad for any reason connected with Covid-19 or any other contagious or infectious disease.