OUR TERMS AND CONDITIONS

1. Tour Contract

• 1.1 Travel Confirmation
  • 1.1.1 On initiating a booking Fidex Car Hire & Safaris Ltd. (the “Company”), the customer (“You”), will receive a Safari confirmation from our Safari consultant. This Safari confirmation will include all details of your Safari arrangements and may also contain additional terms and conditions issued by the Company or policy statements along with an invoice for the trip, in addition to a booking form sent by the Company to You.
  • 1.1.2 Once You confirm the booking, thereby accepting the Safari confirmation, the contract shall come in to effect (“Safari Contract”).
  • 1.1.3 You shall be bound by the terms of the Safari Contract as well as these General Business Conditions (“Conditions”) and any additional terms that are set out in the Safari confirmation.
• 1.2 Mode of Confirmation
  • 1.2.1 You may confirm a booking by completing and submitting the online booking form provided to You with the travel confirmation, or by email and detailed Safari confirmation by the Safari consultant.
• 1.3 Confirmation on behalf of other travelers
  • 1.3.1 You may also confirm a booking on behalf of all the travelers listed in the Safari Contract, for whom You will then take the contractual responsibility just as for yourself.
  • 1.3.2 In such cases, it shall be deemed that You are authorized to accept the Safari confirmation on behalf of all those travelers and any and all such other people shall also be bound by the terms and conditions enumerated in the Safari Contract, these Conditions and any additional terms that are set out by the Company in the Safari confirmation.
• 1.4 The Company
  • 1.4.1 Fidex Car Hire & Safaris Ltd., a Limited Company incorporated under the Companies Act Cap 486 of the Laws of the Republic of Kenya, and a Class A Tour Operator licensed under the Ministry of Tourism of the Republic of Kenya, provides tourist services (hotel accommodation, transfers, itineraries, programs, visa support) to tourist groups and F.I.T, and undertakes to sell tours to East Africa, arranging at its own expense the necessary advertising on its territory. The company has been operating since 2003.
  • 1.4.2 Fidex Car Hire & Safaris Ltd is a member of KATO (Kenya Association of Tour Operators) and customers are protected under the KATO Bond scheme.

2. Payment

• 2.1 Safari Price
  • 2.1.1 The Company will send You a Safari confirmation along with an invoice for the trip, which shall become effective once You confirm the booking.
  • 2.1.2 The invoice shall contain details of the costs associated with the Safari (“Safari Price”) which shall include the cost of the products and services You will be availing of during your Safari/travel/holiday, other related expenses and all applicable taxes.
  • 2.1.3 The Company may either send the confirmation to You by email, post or facsimile depending on your preference at the time of booking and You shall make payments on following schedule, and through the method of payment indicated in the Safari Contract:
    • 2.1.3.1 On receipt of the Safari confirmation and invoice from the Company, fifty percent (50%) of the total invoiced price of the trip must be paid as an advance to confirm the booking.
    • 2.1.3.2 The remaining fifty percent (50%) of the invoiced price must be paid at least six (6) weeks prior to start of the Safari.
    • 2.1.3.3 If the booking is made and confirmed within thirty (30) days of the proposed date of departure, clauses 2.1.3.1 and 2.1.3.2 above shall not apply and You shall pay the entire amount, i.e., one hundred percent (100%) of the invoiced price of the trip upon receipt of the Safari confirmation and invoice from the Company, before Safari start.
• 2.2 Delivery of Relevant Travel Documents by the Company
  • 2.2.1 Upon receiving the final payment, the Company will send You all the hotel vouchers and other travel documents for the booking separately. In case of a Safari Tour inclusive accommodation, the vouchers will be with the driver-guide and You will receive a reconfirmed itinerary.
• 2.3 Revision of Prices; Exchange Rates
  • 2.3.1 It is possible that the prices quoted in the invoice accompanying the Safari confirmation are required to be revised due to an error or miscalculation – human or technical. In such an event, the Company may charge or claim the additional payment from You or refund the excess amount to You within a reasonable period of time.
  • 2.3.2 Please also note that the estimated prices of Safari itineraries mentioned on the Company website(s) are subject to change without notice.
  • 2.3.3 It is clarified that the Safari Price is calculated based on the current exchange rate on the date of the Safari Contract and once You accept the Safari confirmation, there shall be no revision in the Safari Price, including but not limited to any refunds or reductions, regardless of fluctuations or variations in exchange rates.

3. Services

• 3.1 Details of Services Provided
  The Company agrees to provide to You the services that are mentioned in the service description as part of the trip/safari proposal. The details related to such services shall be given in the Safari confirmation.
• 3.2 Applicability of Local Laws to the Services provided
  In addition, all the Safari and services provided by the Company are subject to the enacted laws, rules and regulations of the Governments of the countries of travel and the Company is thus bound to operate as per the prevailing regulations, permissions and sanctions that are granted for such Safaris and services.

4. Change in Safari Contract by the Company

• 4.1 Right to Change in Services
  • 4.1.1 The Company reserves the right to modify, change, alter, amend or deviate from the Safari services mentioned in the Safari confirmation after your acceptance of the Safari Contract but before the commencement of the Safari.
  • 4.1.2 These changes may be carried out by the Company on account of cancellation of certain bookings and reservations by third party service providers, non-availability of certain features, packages or other services requested by You, or the inability and incapacity of third party service providers due to cessation of business, insolvency, death, infirmity or any other reason whatsoever or on account of any unforeseen and unpredictable circumstances.
  • 4.1.3 The Company will make a reasonable effort to notify You of such developments in advance of your Safari.
  • 4.1.4 The Company, however, assures You that the changes made as a consequence of these aforementioned events will be effected in good faith, keeping in mind your interests and preferences and will be in line with the overall plan of the tour.
  • 4.1.5 If required, the Company may at its sole discretion offer You the option to either a change in booking at no extra cost or, in the event of any material change to the Safari as a result of the above, cancellation of the entire Safari package.
• 4.2 The ‘New Safari Contract’
  • 4.2.1 If You choose to continue with the altered/modified/changed itinerary as provided in clause 4.1.5 hereinabove, the Company shall draw up a new Safari confirmation incorporating the changes. In addition, if availing of the alternate services requires You to make any additional or further payments, the Company shall also issue a new invoice incorporating such changes.
• 4.3 Acceptance of the ‘New Safari Contract’
  • 4.3.1 You are not under an obligation to accept the altered/modified/changed travel confirmation.
  • 4.3.2 Should You choose to accept the altered/modified/changed travel confirmation and the revised charges associated therewith, the new ‘Safari Contract’ and the new invoice shall replace the old Safari Contract and invoice, and will be the contract that binds You.
  • 4.3.3 You may choose to terminate the original Safari Contract and not accept the new contract, in which case You will be entitled to a refund of the costs already tendered by You to the Company after deduction of all rightful and lawful service, consultancy and advisory charges including all expenses incurred by the Company in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services and products, including but not limited to flight tickets and hotel reservations.

5. Cancellations, changes to booking and applicable charges and refunds

• 5.1 Cancellation of or Changes to the Safari Contract by You
  • 5.1.1 You may cancel or change the Safari Contract any time before the start of the Safari by providing written notice to the Company, subject to the cancellation policy provided in clause 5.2 below.
  • 5.1.2 The date of cancellation or change is the date on which the Company receives notice of your cancellation or change request.
  • 5.1.3 It is clarified that any alterations to the Safari requested by You, including advancements or postponements of Safari dates, shall constitute a change to the Safari and will be subject to the cancellation policy in clause 5.2 below to the extent of the changes only.
• 5.2 Charges relating to Cancellation or Change
  • 5.2.1 All refunds in the event of cancellation or change of a Safari Contract shall be subject to the cancellation charges as follows:
    • For cancellations made 61 or more days prior to the start date of the Safari – 20% of the value of the trip will be charged.
    • For cancellations made 31–60 days prior to the start date of the Safari – 25% of the value of the trip will be charged.
    • For cancellations made 15–8 days prior to the start date of the Safari – 80% of the value of the trip will be charged.
    • For cancellations made 14–0 days or less prior to the start date of the Safari – 100% of the value of the trip will be charged.
    • For cancellation / shortening / unused portion of Safari after start of trip (including date of commencement) – 100% of the total value of the trip will be charged.
  • 5.2.2 The cancellation of or changes to international flights booked by the Company as part of your Safari may be subject to different terms and conditions from those provided above and any and all such fees or charges must be borne fully by You.
• 5.3 Disbursement of Refund Amount
  • The Company shall disburse any applicable refund amount within thirty (30) days of the receipt of the request/instruction to cancel or change the Safari.

6. Cancellation of Change of the Safari Contract due to Circumstances Beyond Control of Company

The Company shall not be responsible to You for any loss, injury or damage to person, property, changes in Safari itinerary, or otherwise in connection with any accommodation, transportation or other services, resulting – directly or indirectly – from any Act of God, dangers, weather conditions, volcanoes, floods, fire, accident, breakdown in machinery or equipment, breakdown of transport, wars, civil disturbances, strikes, riots, thefts, pilferage’s, epidemics, medical or custom department regulations, defaults, exigencies or any other causes beyond our control (“Force Majeure Event”). Either You or the Company may choose to terminate the Safari Contract due to any Force Majeure Event. On termination of the Safari Contract as specified in this clause, the Company shall, where possible, make a commercially reasonable effort to refund the amount paid by You, less the amount already spent on You by the Company during the Safari and any other non-refundable fees and charges. However, please note that the Company shall not be obligated to and does not guarantee that You shall receive a refund. You shall be liable to pay costs for the services and products utilized until the date of termination. In the event of termination due to a Force Majeure Event, the Company shall not be liable to pay any compensation, interest or damages to You. The Company has the obligation to take reasonable measures to bring You back to your origin if the Safari Contract includes a return journey. However, any additional costs for the return journey must be borne solely by You. In case of a Force Majeure Event, the Company reserves the right to change / modify / vary / alter the Safari itinerary and/ or Safari Price accordingly. Any such change shall be intimated to You, prior to the start of the Safari or on Safari, as the case may be. Additional charges, if any, due to such changes may be charged to You. In the event of a Force Majeure Event, where You choose to continue with the Safari, You shall not be entitled to any refunds from the Company for limitation and/or non- availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in Safari itinerary.

7. Liability of the Company for third party acts

The Company takes no responsibility for and the Company is not liable for, any loss of life/limb, property, money, sickness, delay, discomfort or hardships sustained by You on account of any act or omission of any third party not associated with or engaged by us. In addition, we also take no responsibility for any act or omission of any of your co-travelers, if it results in any injury, damage, danger to the life/limb or property, delay or hardships to You.

8. Guarantee and Financial Protection

• 8.1 Remedial Measures
  If the Company fails to perform its promises substantially in accordance with the Safari Contract, You are entitled to request the Company to remedy the deficiency in services. If the Company fails to remedy a material breach of the Safari Contract, You may terminate the Safari Contract as provided below. However, the Company can refuse to undertake remedial measures if it entails disproportionate, additional or anticipated expense and/or damages.
• 8.2 Termination of the contract by You for breach by the Company
  If the Safari is hampered significantly due to a deficiency of service on the part of the Company and the Company does not offer any remedial measure within a reasonable period of time, then You can terminate the Safari Contract in accordance with these Conditions through a written notice to the Company. However, in such a situation, you are bound to pay the Company the portion of the Safari Price for such services that You have already availed of.
• 8.3 Company’s Insurance under KATO Bonding scheme
  The Company is covered by an insurance policy which guarantees and protects your payment to the Company against any potential risk associated with the Company and your payment, in the unlikely event of the Company’s bankruptcy or insolvency. The insurance cover entitles You to a refund of the Tour Price paid by You to the Company if the Company is unable to provide travel services as a result of liquidation of the Company or the initiation of insolvency proceedings on the assets of the Company.

9. Limitation of liability

• 9.1 The contractual liability of the Company for damages is limited to three times the Tour Price paid by You as of the date on any claim brought by You against the Company or US $ 4100, whichever is higher, subject to clauses 5 and 6 above and applicable law.
• 9.2 A claim for damage compensation against the Company is restricted insofar as a claim for damage compensation can be made against the service provider only under certain preconditions or is excluded under certain preconditions due to applicable contractual or legal regulations, which are applicable to the services provided by the service provider.

10. Obligation to cooperate

• 10.1 Cooperation with third party service providers
  • 10.1.1 You must at all times cooperate with the personnel of third party service providers, airline staff, hotel staff, adventure activity instructors, tour guides, and local tour management during your holiday/trip within the framework of legal regulations.
  • 10.1.2 You shall also cooperate and assist them to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
  • 10.1.3 If You have any complaints or grievances in this regard, You must immediately inform the Company, who shall take necessary action for salvaging the situation at its sole discretion.
• 10.2 Transactions entered into by You as an individual
  • 10.2.1 You alone are responsible for all the transactions and purchases made by You on your holiday and the Company shall not be liable for any of them unless they are made through the Company.
  • 10.2.2 The Company will not censor, screen or otherwise control any of these transactions or evaluate whether they are legal and valid as per the law of the country You are a citizen of or reside in.
  • 10.2.3 All these are your sole responsibility and You alone shall bear any associated liability.
• 10.3 Compliance with applicable laws
  • 10.3.1 You agree to comply with all applicable laws, rules, regulations and codes of conduct regarding the use of services, products and other facilities in any country, state or locality You visit as part of a tour.
  • 10.3.2 In the event of any violation, non-observance or breach of applicable laws, rules, regulations or codes of conduct, You alone shall be liable for any acts or omissions that attract prosecution, penalties or any disadvantage. The Company shall bear no responsibility or liability in such cases.
• 10.4 Accuracy of Information provided by You
  • You shall provide only accurate and valid information while requesting services under these Conditions and shall refrain from providing inaccurate, false or misleading information or concealing any relevant facts.
• 10.5 Competence to contract
  • 10.5.1 You must be an adult and of legal age to enter into a binding agreement with the Company and must not fall under any category of persons disqualified from entering into such contracts.
  • 10.5.2 You must also not be barred from using or availing services under the laws of any country You wish to travel to or other applicable laws.

11. Passport and Visa

• 11.1 Passport and Visa Requirements
  • 11.1.1 It is your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months from the date of return of your trip.
  • 11.1.2 You should acquaint yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in the country You wish to visit.
  • 11.1.3 You shall be required to obtain the visa yourself. However, in limited circumstances, the Company shall facilitate procuring of the visa on your behalf.
  • 11.1.4 Please note that the cost of visas is not included in the Safari Price stated in any proposals or trip itineraries sent to You by the Company.
• 11.2 Liability of the Company in the event of Delegation to obtain your Passport or Visa
  • 11.2.1 In the event the Company agrees to acquire these documents on your behalf, the Company shall not be responsible for the non-issuance of such documents or liable for any delay or related act/omission or for any loss, expense, damage or cost resulting therefrom, as the Embassies, Consulates, High Commissions or sovereign governments have sole authority to issue visas, immigration clearances and permits.
  • 11.2.2 It is your responsibility to submit the application in the prescribed format, accurately filled with all required documents and photographs within the specified time, and to review the issued documents for any errors or irregularities.
  • 11.2.3 If the visa application made by You or on your behalf is rejected due to insufficient/inaccurate documentation or any other reason, the Company shall not be liable.
  • 11.2.4 The Company shall not be responsible for any typographical error, misprint or mistake in the name, visa type, duration or other details.
  • 11.2.5 The Company shall not be responsible for timely issuance or access to the visa by the relevant authorities, unless the delay is solely and directly attributable to the Company.
  • 11.2.6 If You are unable to travel due to rejection, non-issuance or defective issuance of a visa, You may cancel, postpone or terminate the Safari Contract, and any refund shall be governed by clause 5 or as specified by the Company.

12. Jurisdiction

• 12.1 These Conditions, the Safari Contract and any other documentation provided to You by the Company shall be governed by the laws of Germany.
• 12.2 Subject to any mandatory laws, You hereby irrevocably agree that the relevant courts of Mombasa, Kenya shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and any matter arising there from and no other courts shall have any jurisdiction whatsoever in respect of such disputes.
• 12.3 You irrevocably waive any right that You may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

13. Indemnification

• 13.1 You (“The Indemnifying Party”) agree to indemnify, defend and hold harmless, the Company, its directors, executives, employees, agents and other officers, its lawful successors and assigns and/or the Company’s affiliates, their websites and their respective lawful successors and assigns (“the Indemnified Party”), from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Party that arise out of, result from, or may be payable by virtue of any breach or non-performance, of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Conditions or the additional terms set out in the Safari Contract.
• 13.2 The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of these Conditions.

14. Intellectual Property Rights – Company Website(s)

• 14.1 The Company Website(s) include a combination of content created by the Company, its partners, licensors and associates.
• 14.2 The intellectual property rights in all software underlying the Company Website(s) and services and material published by the Company on the Company Website/s or otherwise, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Company, its partners, licencors and/or associates.
• 14.3 You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of such materials either in whole or in part without the Company’s express authorization or consent.

15. Insurance

• 15.1 Company has no liability
  Unless explicitly provided by the Company in any specific service or product, obtaining sufficient insurance coverage is your obligation/option and the Company doesn’t accept any claims or liability arising out of such scenarios.
• 15.2 Insurance provided by third party
  Insurance, if provided as a part of the service/ product by the Company, shall be subject to the terms and conditions of the insuring company and You shall contact the insurance company directly for any claims or disputes and the Company shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
• 15.3 Travel Insurance
  You are strongly advised to obtain travel cancellation insurance and travel insurance prior to the period of travel. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in clause 5 above.

16. Warranty

The services of the Company are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Conditions.

17. Miscellaneous

• 17.1 Communication with the Customers/Clients
  • 17.1.1 The Company may ask for your contact details such as telephone number, email address, or others to communicate with You regarding booking status, reservations, additional information, schedule changes, payments, cancellations, refunds and other Safari-related updates.
  • 17.1.2 If You prefer a specific communication medium or wish to restrict any, You may request the Company accordingly, and communication will be limited to the authorized medium.
• 17.2 Collection, protection and sharing your information with third parties
  • 17.2.1 To process Safari bookings, the Company may collect personal details such as age, gender, vocation, etc., and share them with relevant third parties like government agencies, hotels, and service providers as required.
  • 17.2.2 The Company ensures privacy and shares only necessary information required for bookings, legal compliance, and Safari-related purposes.
  • 17.2.3 Payment-related details such as credit/debit card or bank details may be collected if You choose such payment methods.
  • 17.2.4 Sensitive information will not be shared, transferred, or sold to third parties except as specified in this clause.
  • 17.2.5 The Company may request feedback/testimonials which may be published on websites, brochures, or other materials and may appear publicly.
  • 17.2.6 Personal information will not be shared unless explicitly stated or with your consent.
  • 17.2.7 Information may be disclosed to comply with legal obligations, court orders, or to assist authorities in investigations or prevention of unlawful activities.
  • 17.2.8 Personal information may also be used to enforce terms and protect rights, safety, and property.
  • 17.2.9 All collected data is subject to the Company’s privacy policy.
• 17.3 Non-Commercial and Personal Use
  • The Company’s services are for personal and non-commercial use only. You may not modify, copy, distribute, reproduce, publish, license, or sell any content or services without written consent from the Company.
• 17.4 Revision/modification of the terms of these Conditions
  • 17.4.1 The Company aims to keep information updated to avoid inconvenience.
  • 17.4.2 However, content may contain typographical or other errors.
  • 17.4.3 Such errors will be corrected once identified.
  • 17.4.4 You are advised to rely only on authorized Company representatives.
  • 17.4.5 The Company may update or modify website content anytime.
  • 17.4.6 The Company reserves the right to change these Conditions without notice; users should review them regularly.
• 17.5 Severability
  • If any provision of these Conditions or the Safari Contract is found invalid or unenforceable, the remaining provisions shall remain valid and enforceable.
• 17.6 Further Assistance
  • The Company is committed to assisting clients. You may contact tour consultants via phone or email for queries, clarifications, or assistance.