Terms and conditions

1. Who you are contracting with

Your contract is with Arswan Tours and Travel Ltd, a tour operator registered in Kenya and trading as Arswan Tours and Travel, of Westlands Commercial Centre, Block A, Ground Floor, Suite 4, Nairobi, Kenya. In these terms “we” and “us” mean that company, and “you” means the person making the booking and everyone travelling on it.

By confirming a booking you are agreeing to these terms on behalf of every person named on it, so please make sure they have seen them.

For the operator to confirm: company registration number, Tourism Regulatory Authority licence number, and KATO membership number. These are currently blank in the site data and should appear here once confirmed.

2. What the price includes

Every price quoted on this site is per person sharing a twin or double room unless it says otherwise, and includes:

• park and conservancy entry fees for the parks on your itinerary
• transport in our own pop-top 4×4, with fuel
• your driver-guide, including their accommodation and meals
• accommodation and meals as set out day by day on the itinerary
• drinking water in the vehicle

It does not include international flights, visas or the Electronic Travel Authorisation, travel insurance, tips, drinks unless stated, laundry, or anything described as an optional extra on the itinerary.

Park and conservancy fees are set by the parks, by county governments and by the Kenya Wildlife Service, and are reviewed periodically. A quote holds for the dates it was issued against. If a fee changes between your booking and your travel date we will tell you what has changed and what it costs before anything is charged.

3. Booking and payment

A booking is confirmed when we have your deposit and have written to you to say the dates are held. Until both of those have happened, nothing is reserved, however far through the checkout you have gone.

• The deposit is 30% of the trip total. You may pay the full amount up front instead if you prefer.
• The balance is due 30 days before you travel.
• For bookings made inside 30 days of departure, the full amount is payable at the time of booking.
• Children under 12 sharing with two adults are charged at 70% of the adult rate.

Card payments are processed by Pesapal, which handles Visa, Mastercard and M-Pesa. The card form belongs to Pesapal and is hosted on their systems, we never see or store your card number. Bank transfer is also available; ask and we will send the details.

4. Changes and cancellation

If you cancel

Tell us in writing. Cancellation charges depend on how close to departure you are and on the policies of the individual camps and lodges in your itinerary, which vary considerably and which we do not control. The exact terms that apply to your trip are written into your booking confirmation before you pay anything, and those are the terms that govern your booking.

For the operator to confirm: the standard cancellation scale, the percentage retained at, for example, 60, 30, 14 and 7 days before departure. Until that scale is agreed and inserted, each booking confirmation must state its own terms in full.

If we change something

Safaris run in wild country and occasionally something has to move: a road becomes impassable, a camp closes, an aircraft is rescheduled. Where we have to change your itinerary we will put you in accommodation of the same standard or better and keep the substance of the trip intact. If a change is significant and you would rather not travel, you may cancel and take a full refund of what you have paid us.

If circumstances beyond either of us intervene

Neither of us is liable for failing to perform where the cause is genuinely outside our control: civil unrest, extreme weather, epidemic, the closure of a park, or an official travel restriction. Where that happens we will refund what we can recover from the camps, airlines and parks involved, and will show you what was recoverable and what was not.

5. Insurance

Travel insurance is a condition of travelling with us. Your policy must cover medical treatment, emergency evacuation, repatriation, and cancellation. Kenya's parks are hours from a hospital and evacuation is normally by air; the cost of that without cover is severe. We may ask for your policy number and emergency contact before departure.

6. Passports, visas and health

Getting your travel documents right is your responsibility. Most visitors now need an Electronic Travel Authorisation rather than a visa, applied for online before flying. A yellow fever certificate is required if you are arriving from a country with risk of transmission. We will send you the current links and a checklist when your booking is confirmed, but we cannot apply on your behalf and we are not liable if you are refused entry.

7. Behaviour, wildlife and your safety

Your driver-guide is in charge of the vehicle and of your safety in the parks. Their instructions about leaving the vehicle, distance from animals and behaviour at a sighting are not advisory. We may end a trip without refund where someone's conduct puts themselves, other guests, our staff or the wildlife at risk.

Wildlife is wild. We do not guarantee that you will see any particular animal or event, including river crossings during the migration, which are driven by rain and not by a calendar.

8. Our liability

We accept liability for death or personal injury caused by our negligence or that of our employees acting in the course of their work, and for anything else that cannot lawfully be excluded. We are not liable for the acts of independent suppliers: camps, lodges, airlines and balloon operators, who contract with you on their own terms, though we will help you pursue a claim against them.

Except where the law says otherwise, our liability for any other loss is limited to the amount you have paid us for the trip.

9. Complaints

Tell your driver-guide or call the office while you are still in the country. Almost everything can be put right on the ground and almost nothing can be put right afterwards. If it is not resolved, write to us at reservations@arswantravel.com within 28 days of getting home and we will reply in writing.

10. Your information

What we collect and what we do with it is set out in our privacy policy. In short: we use your details to answer your enquiry and run your trip, and we do not sell them.

11. Governing law

These terms are governed by the law of Kenya, and the courts of Kenya have jurisdiction over any dispute arising from them. Nothing here affects rights you have under the consumer law of your own country that cannot be excluded by agreement.

12. Reaching us

Arswan Tours and Travel Ltd
Westlands Commercial Centre, Block A, Ground Floor, Suite 4
Nairobi, Kenya
reservations@arswantravel.com
+254 115 520 817