MARA TRIANGLE SAFARIS
TERMS AND CONDITIONS
SECTION 1: OVERVIEW
Please be aware that it is important that you have familiarized yourself thoroughly With the terms of agreement for your tour. These terms comprise the following elements: the website information, including price lists and itinerary, and the invoice and terms and conditions. If the tour is booked on Mara Triangle safaris tour website, you should read all the relevant information contained within the documents. These include: The Brochure and Website information including price lists and itineraries, which includes a detailed description of the tour, current prices and a specification of any expected extra expenses, as well as special regulations or information relevant to the specific tour. The terms and conditions must be seen in context with the other relevant content of the terms of agreement as mentioned above. If there are conditions stipulated in the tour itinerary or practical information relating to the specific tour, this must be included in the information provided in our brochure or website. Otherwise, you may assume that the general terms and conditions for Mara Triangle Safaris are valid for your tour product liability insurance. In keeping with legislation regarding extended liability for tour operators, we always presume that our customers have familiarized themselves with the content of all of the distributed material.
SECTION 2: WEBSITE USE TERMS AND CONDITIONS
Although Mara Triangle Safaris endeavors to provide accurate, up- to- date and truthful information on this site, neither Mara Triangle Safaris nor any of its employees, agents and associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the site, the information, content, materials and products included and available from this site.
Mara Triangle Safaris, its employees, agents and associates will not be liable for any damage of whatsoever nature arising or resulting from the use of or inability to use this site or the information contained here on, including but not limited to direct, indirect, incidental, punitive and consequential damage.
Mara Triangle Safaris will treat all personal information you give us as strictly confidential and no personal information will be made available to third parties, unless obliged to do so by law or legal process.
SECTION 3: BOOKING
In order to make your booking, please make sure that you have the correct names, nationalities and date of birth of all travelers as per their passports. Mara Triangle Safaris will hold an option of 7 days from the time we have confirmed a tour before the cancellation rules apply. If our service or a tour is booked less than 7 days prior to the date when the service is rendered or the tour commences, cancellation rules will apply immediately. If you need more time, please let us know. If a hotel is fully booked Mara Triangle Safaris will try to offer you an alternative property of a similar standard and location.
A booking is binding for both the customer and travel agency once the deposit has been paid.
SECTION 4: PAYMENT POLICY
SECTION 4: PAYMENT POLICY- The following rules apply unless other conditions are stipulated in the tour itinerary or practical information relating to the specific tour on our website.- At the time of booking, a deposit is required.- The remaining balance must be paid no later than 4 weeks prior to departure, or may be settled upon arrival in USD cash.- Please be aware that we do not accept cash payments in USD notes issued between 1996 and 2008. We only accept USD notes issued from 2009 onwards.- Mara Triangle Safaris reserves the right, at its discretion, to refuse any form of payment that does not meet our payment requirements or verification standards.- If the deadline for the remaining payment is exceeded as per the agreement, Mara Triangle Safaris will be Unable to confirm the booking for the client and result in automatic cancellation.- All payments must be made through telegraphic bank transfer (SWIFT) or online payment.- Funds are Normally cleared within two to seven working days.
SECTION 5: CANCELLATION
The following rules apply unless other conditions are stipulated in the tour itinerary or the practical information relating to the specific tour on our website.
CANCELLATION BY THE CUSTOMER
As it is understandable, all suppliers have a guideline to safeguard and optimize revenue collection. The following is general. Any cancellation will be given due consideration and after thought because we understand that some things are beyond control.
Booking cancelled more than 1- year prior the departure date full amount will be refunded less (4%) transaction charges. Bookings cancelled within 90 or more days prior to the travel date will be charged at (10%) of the value. Bookings cancelled within 45 days prior to the travel date will be charged at (50%) of the value. Bookings cancelled within 30 days prior to the travel date will be charged at (85%) of the value. Bookings cancelled within 1- 7 days prior to the travel date will be charged at (100%) of the value. Bookings postponed by the customer to a later date we issue a one- year credit note. Booking cancelled because of natural calamities eg, Covid we issue a credit note to travel later at no extra cost but during the same season of travel. Example if its low season you can travel again during the low season
SECTION 6: CREDIT NOTE
When a credit note is issued for a safari that has been postponed, the following will apply:
When a credit note is issued for a safari that has been postponed, the following will apply:- The credit note will be issued for the amount paid and can be used toward a future safari booking with our company.- Credit notes are valid for 12 months from the original travel date unless otherwise stated.- New travel dates are subject to availability at the time of rebooking.- Rates may vary depending on the new travel season, accommodation availability, park fees, or supplier charges. Any price difference will be payable by the client.- If the new booking value is lower than the credit amount, the balance will remain as credit for future use within the validity period.- Credit notes are non- refundable and cannot be exchanged for cash.- Credit notes are transferable only with prior written approval from the company.- Any amendments after rebooking may attract additional charges depending on suppliers' policies.- If the credit note is not used within the validity period, it will automatically expire unless an extension is approved in writing.- Mara Triangle Safaris is not responsible for increases in government taxes, park fees, airline charges, or third- party supplier rates after the credit note is issued.- Standard booking terms and conditions will apply to the new safari booking made using the credit note.
SECTION 7: REFUND POLICY
APPROVED REFUNDS WILL BE PROCESSED WITH *14 to 30 business days* after cancellation confirmation. Refunds will be made using the original payment method where possible. Bank transfer charges and card processing fees will be deducted. No refunds for unused services once the safari/tour has started. Airfare is completely non- refundable and non- changeable for tours when airfare is included in the final price. Hotel extensions and Instant Confirmation products (admission tickets, city passes, etc.) cannot be exchanged or refunded once confirmed. Please note that deposits or payments already made to lodges, camps, airlines, park authorities, or other third- party suppliers may be subject to their own cancellation and refund policies. Where such amounts are non- refundable to Mara Triangle Safaris, the same will apply to the client refund.
SECTION 8: CANCELLATION BY THE TRAVEL AGENCY
In the unlikely event that Mara Triangle Safaris has to cancel a tour or a service for any reason, we will try to offer the choice of an alternative arrangement; otherwise you will receive a full refund. We will do our utmost to inform you about any Cancellations at the earliest possible convenience and at the latest 14 days before the commencement of the tour.
The tour may also be cancelled due to circumstances beyond our control and which Neither our partners nor we could have foreseen (force majeure). In such cases customers will be refunded the price of the trip but will not be able to claim any extra expenses. Should one of the mentioned emergency situations arisen Mara Triangle Safaris will always try to offer an acceptable alternative to the customer.
SECTION 9: TRAVEL DOCUMENTS
If travel documents other than an invoice are required, these will be emailed or posted to the booking party upon receipt of the full payment. Additional travel documents could include detailed flight schedules (if included in the purchase), vouchers and an itinerary that includes pre- booked services for your destination. If you are participating in a tour with a guide or in an event described in the program, you will not normally be given a voucher beforehand.
SECTION 10: PASSPORTS AND VISAS
Unless otherwise specified, obtaining a passport and visa for entry to the country/countries in which the tour takes place is the responsibility of the traveler. The traveler must ensure that he/she has a valid passport and visa and has given the travel agency the correct information regarding his/her name and nationality, etc. We draw your attention to the fact that the processing of visas may take several weeks. The travel agency cannot be held responsible for travelers who for whatever reason may be denied entry at a border.
Please be aware that rules and regulations may change between the time of booking and the time of departure.
Also, please note that there may be visa requirements when in transit. Your passport must normally be valid for a period of at least six months after returning from your destination.
We are always happy to supply you with any relevant travel documents that may be needed to apply for a visa if you need one.
SECTION 11: VACCINATION REQUIREMENTS
Information about which vaccinations are required should be obtained from your GP/physician. Any advice given by Mara Triangle Safaris about vaccinations and/or prophylactic measures or other medical advice should be considered as an extra service and that we are not qualified to give medical advice and accept no liability for it.
You must be able to prove that you fulfil any vaccination requirements by being able to present a yellow International Certificate of Vaccination card upon arrival.
SECTION 12: CHANGES IN PRICES
In accordance with legislation, tour operators may raise the agreed- upon price as a result of increased transportation costs (including increased fuel prices), altered taxes, tariffs and fees, as well as fluctuating exchange rates.
Price increases will take place according to the following principles:
All prices are based on costs at the time of publication. Mara Triangle Safaris reserves the right to change the prices at any time before your booking is made. Mara Triangle Safaris will confirm price changes, if any, together with the confirmation of your booking. Some service prices, such as (but not limited to) park fees, government levies and airport taxes are not in the control of Mara Triangle Safaris. In the event of these prices being changed at any date Mara Triangle Safaris will charge the supplement to the client at cost.
SECTION 13: CHANGES IN THE ITINERARY
The travel agency cannot make major alterations in the planned tour once it has been booked. It is therefore very important that you make clear any special requirements or wishes you may have in connection with the tour you have booked. Any extra requirements or wishes must be listed on the invoice with the purpose being to ensure you receive the desired product. On many of our more 'adventurous' tours we may institute last minute changes in order to take advantage of local and climatic conditions, as well as to take into account other events. Changes due to weather and problems with infrastructure may also occur and the traveler must see this as a natural part of the trip. Therefore, no compensation will be paid for delays and changes that take place within any 24- hour duration during the tour.
SECTION 14: TRAVEL INSURANCE
SECTION 14: TRAVEL INSURANCE Mara Triangle Safaris strongly recommends our customers acquire insurance covering medical, trip cancellation, and baggage, etc. Mara Triangle Safaris does not currently offer any travel insurance arrangements. Mara Triangle Safaris shall be exempt from any liability in the event of an accident resulting in, but not limited to, loss or damage of properties, injury to people, death during trip, delays, irregularities or other occurrences beyond its control. You agree that Mara Triangle Safaris will not be liable for any costs or damages arising out of a dispute or disagreement between you and any participating provider or a third party for anything that is in any way related to this site or the use of information contained in this site, and you hereby expressly waive any such claim against Mara Triangle Safaris and its owner, members, officers, directors, employees, parents, subsidiaries, agents and representatives. Mara Triangle Safaris suggests that due to the Cancellation Policy for your tour and the unexpected events that can possibly occur, your party would benefit from purchasing Travel Insurance for your reservation. We do not recommend that travelers venture alone into unfamiliar or remote areas, especially after nightfall. If you wish to be independent, this should always be in consultation with the travel agency or its local representatives.
SECTION 15: TAXES AND TARIFFS
SECTION 15: TAXES AND TARIFFSA number of taxes and tariffs are levied upon the issue of your ticket and are included in the price of the trip. However, some local taxes cannot be levied beforehand and must be paid in locus. These may include airport taxes, as well as the tariffs in some national parks and will usually be stated in your itinerary for your information. We would, however, like to draw your attention to the fact that tariffs and taxes may be altered between the time of the booking of your ticket and your departure
SECTION 16: LIABILITY LIMITATION
SECTION 16: LIABILITY LIMITATION- Each tour package may include one or more service components such as transport, accommodation, meals, park entry fees, flights, excursions, and other related services arranged through independent suppliers, Mara Triangle Safaris acts as a tour operator and booking agent for these services and does not have direct day- to- day control over third- party suppliers such as lodges, airlines, hotels, transport providers, or activity operators.- Accordingly, Mara Triangle Safaris shall not be held liable for any injury, illness, death, loss, damage, accident, delay, cancellation, irregularity, or inconvenience arising from:
- Acts or omissions of third-party suppliers or their employees
- Mechanical breakdowns, vehicle defects, or transport delays
- Weather conditions, road conditions, wildlife movement, or natural events
- Government actions, border closures, strikes, pandemics, civil unrest, or force majeure events, Loss, theft, or damage to personal belongings or baggage
- Mara Triangle Safaris shall not be liable for any additional costs or expenses resulting from delays, missed connections, curtailment of travel, medical emergencies, or changes beyond our reasonable control.- Where any loss or damage is proven to have resulted directly from the gross negligence or willful misconduct of Mara Triangle Safaris, liability shall be limited to the total amount paid by the client for the affected booking.
- Clients are strongly advised to obtain comprehensive travel insurance covering cancellation, medical emergencies, evacuation, baggage loss, and personal liability.- Any claim relating to services provided by Mara Triangle Safaris must be submitted in writing within 14 days after completion of travel services.- Our responsibilities apply only to services directly arranged and confirmed by Mara Triangle Safaris. We accept no liability for independent arrangements made by clients outside our booking service,
SECTION 17: YOUR RESPONSIBILITY
- As mentioned above your participation in a tour is subject to your being aware of the above information as well as the information on the website, on the invoice and in the itinerary, and to your following the aforementioned regulations.
- It is also expected that you seek up-to-date information about the current matters concerning the political, health, natural and climatic conditions at your destination.
- Follow guide/driver instructions
- Respect wildlife rules and park regulations
- Behave respectfully toward staff and other guests
- Avoid illegal or dangerous behavior
- Pay for any damages caused intentionally or negligently
SECTION 18: PEOPLE WITH DISABILITIES
SECTION 18: PEOPLE WITH DISABILITIESWe embrace all people, regardless of colors or physical conditions. One of our goals is to provide free access and expand travel opportunities for people with special needs. We are exploring more travel products to accommodate this special population; however, yet, not all the travel products we currently offer include special accommodations. You are responsible to verify with us before you book travel to ensure that special arrangement can be made if it is required for your needs. Mara Triangle Safaris or local provider is not liable for any incidences or consequences incurred during travel or complaints or lawsuits during or after travel due to your failure to inform us of your special needs. You also have the responsibility to reconfirm with us, after we reserve seats for you, that special accommodation will be provided per your request.
SECTION 19: THIRD PARTY LINKS
Third- party links on this site may direct you to third- party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third- party materials or websites, or for any other materials, products, or services of third- parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third- party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products should be directed to the third- party.
SECTION 20: LANGUAGE
Tours are escorted by professional English- speaking tour guides and/or driver guides. In order to meet the language needs of the majority of passengers on a tour coach, tours and/or languages may be combined to enable operation of the tours. Travelers may request a guide who speaks a language other than English at an additional cost. The availability of such guides is subject to the destination's availability, and the cost may vary based on the language proficiency of the guide and the duration of the service. The traveler must inform us of their language preference at the time of booking, and we will do our best to accommodate the request; however, we cannot guarantee the availability of guides speaking all languages.
SECTION 21: PHOTOGRAPHY & MARKETING
The Company may capture photographs and/or video footage during tours for use in marketing, promotional, and publicity materials, including but not limited to websites, social media platforms, brochures, and other advertising channels. By participating in the tour, clients acknowledge and agree to such use unless they expressly object in writing prior to the commencement of travel. Requests to opt out will be duly accepted and respected.
SECTION 22: CLAIMS
If you have a complaint it must be directed Mara Triangle Safaris or our local representative as soon as the problem comes to light so that we may attempt to rectify the situation. Should you remain dissatisfied, please write to us setting out the complaint in detail within 14 days of the end of the tour. Mara Triangle Safaris cannot accept responsibility for any complaints of which we are not notified of entirely in accordance with this clause. Should any legal dispute arise it must be settled in Nairobi.
SECTION 23: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 24: - ENTIRE AGREEMENT
Mara Triangle Safaris failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Mara Triangle Safaris and the product providers or between Mara Triangle Safaris and any other of its Corporate Partners. Neither the product providers nor any Corporate Partner shall have the ability to create any obligation on Mara Triangle Safaris behalf.
This Agreement constitutes the entire agreement between you and Mara Triangle Safaris with respect to the use of https://maratrianglesafaris.co.ke/ and constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation or the terms and service shall not be constructed against drafting parties.
SECTION 25: GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Kenya, without reference to conflicts of law rules. As a condition of the use of the Mara Triangle Safaris website and service, you (the Customer) agree to submit to the personal and exclusive jurisdiction of the courts located within Kenya and therefore agree to file any grievance or suit of any kind exclusively in the courts located within Kenya. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.
SECTION 26: ACCEPTANCE OF TERMS AND CONDITIONS
Payment of a deposit or full payment shall constitute acceptance of these Terms & Conditions by all travelers named in the booking, and these Terms & Conditions shall become binding and effective immediately upon receipt of such payment.
— MARA TRIANGLE SAFARIS —