Terms & Conditions

These terms and conditions are applicable to all operators and clients of Tembo Maasai Mara Safari Limited, hereinafter known as “the company” and together called “the parties”.

Any Operator arranging services with the company on behalf of its client does so as that client’s agent and agrees to pass on these terms and conditions to its client and to ensure its client is bound by them.

It is a requirement of using the services offered by the company that these terms and conditions are accepted in full, and the parties accept that by making a booking with the company these terms and conditions are accepted in full.

 These Terms & Conditions are subject to change without notice.

It is hereby recorded that the parties wish to enter into this Agreement in terms of which the company will provide services and tours and arrange tailor-made packages for the operator and or clients, in consideration for which the company will be entitled to the payments and other charges referred to below.

This Agreement supersedes and replaces any previous agreement between the operator and or the client and the company relating to the subject matter hereof. Once a booking is confirmed by the operator and or the Ccient, this Agreement will be deemed for all purposes in law to have been signed by the Parties and will constitute a legally binding agreement between the Parties.

1. DEFINITIONS

This Agreement shall be interpreted in accordance with the following provisions:

1.1. The following terms shall have the meanings assigned to them hereunder and shall bear corresponding meanings:

1.1.1. “Operator” means any Destination Management Company, tour operator, travel agency, travel consultant or any other person or entity that acts as a Client’s representative in respect of a Tour (or part thereof), and/or who makes use of the Services, where such Tours or Services are provided (in whole or part) by the Company or other suppliers contracted by the Companies. Any Operator trades and transacts with the Company on an arms-length basis on their own account and there is no agent or principal relationship between them

1.1.2. “Client” means the person(s) that will partake in the Tours shall include his/her spouse, common law wife/husband, children (whether minor or adult), dependents, guests and invitees, as well as the heirs, trustees, executors, administrators, agents, representatives and assigns of any of the aforementioned persons. It is understood that some Clients will transact with the Company directly and not through any Operator.

1.1.3. “Company” means Tembo Maasai Mara Safaris Ltd  and includes their officers and Employees.

1.1.4.  The Tembo by Jackson, Collection, Tembo Bush Camp and Tembo Spirit Camp shall mean Tembo Maasai Mara Safaris Limited, and any trade names connected with it.

1.1.5. “Tembo by Jackson service” shall mean a stay in any accommodation that appears on www.tembobyjackson.com (excluding third party properties), and transport provided by company ground personnel.

1.1.6. “Parties” means the Company and the Operator and the Clients and “Party” shall mean any of them as the context may indicate;

1.1.7. “Services” means the services provided by the Company, including but not limited to providing information, providing online services, drawing up itineraries, making recommendations, obtaining, processing and retaining client records, obtaining and providing quotations, securing provisional and/or final bookings for tours, arranging tours, and making transport arrangements, facilitating account payments and the taking of deposits from the operator and/or client, attending to cancellations, arranging or procuring insurance cover, amending reservation details, and interacting with suppliers on behalf of the client(s), irrespective of whether such services are provided through the Company;

1.1.8. “Supplier” means any contractor, subcontractor, service provider or other person with whom the Company make arrangements to provide goods or services to Clients in connection with a Tour or Tours.

“1.1.9. Tour” shall mean a package of tourism products and services including, without limitation, accommodation, meals, entertainment, travel, recreational and leisure activities, and further includes incidental, associated or other goods and services provided by suppliers arranged by or through the Company, as set out in itinerary and other documents furnished by the Company from time to time.

2. REPRESENTATION AND AWARENESS

2.1. The operator warrants and shall ensure that clients are aware of and understand the contents of paragraph 2.2 below, and any of the other provisions of this Agreement that affect the interests of the Clients. The Operator shall furthermore ensure that its staff, employees and other representatives are also made aware of the provisions of paragraph 2.2 and 3 below, and the necessity of communicating the contents thereof to clients.

2.2. 2.2.1. The operator and the clients acknowledge that they are acquainted with, aware of, and appreciate the real hazards and risks associated with wildlife areas, game and nature reserves and game camps (which may be situated in unfenced wildlife areas);

2.2.2. the hazards and risks associated with rivers, streams, lakes and other bodies of water that may be affected by unpredictable weather, tides and other circumstances, and that may not have effective warning or control systems that might be expected in first-world jurisdictions;

2.2.3. the real dangers and risks associated with various forms of travel in remote locations, which usually have poorly maintained infrastructure;

2.2.4. the danger and risk of suffering bodily harm, injury, illness, death, damages as well as loss of or damage to property, which may arise as a result of an encounter with or presence of wild, dangerous or unpredictable animals (including birds, mammals, amphibians, reptiles, fish and insects), as well as the prevalence of communicable, tropical and other diseases, and similar health hazards;

2.2.5. the risks associated with undeveloped or partially developed countries and jurisdictions, including acts of terrorism, the unavailability of reliable electricity and communications, and problems associated with limited or unavailable health, safety and security services; and

2.2.6. that Clients voluntarily participate in the tour(s) and associated activities, and make use of all services and facilities of the Company entirely at their own risk.

3. LIABILITY AND INDEMNITY

3.1. LIMITED INDEMNITY GIVEN BY THE COMPANY: THE COMPANY HEREBY INDEMNIFY THE OPERATOR AND OR THE CLIENT IN RESPECT OF ACTUAL DAMAGES SUFFERED BY THE OPERATOR AND OR THE CLIENT WHERE THE DIRECT AND SUBSTANTIAL CAUSE THEREOF WAS THE PROVEN GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THE COMPANY EXCEPT FOR THE ABOVE MENTIONED INDEMNITY, THE COMPANY SHALL NOT BE LIABLE TO THE OPERATOR OR THE CLIENT IN RESPECT OF ANY DAMAGES, LOSSES OR LIABILITIES INCURRED BY THE OPERATOR AND OR THE CLIENT ARISING FROM OR IN CONNECTION WITH ANY TOURS OR SERVICES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THIS AGREEMENT, THE COMPANY SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, THIRD PARTY CLAIMS OR ANY CLAIMS IMPOSED ON THE OPERATOR AND OR THE CLIENT BY LAWS OR STATUTES OF COUNTRIES OUTSIDE OF THE TERRITORY IN WHICH THE COMPANY ARE DOMICILED. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR OTHER AMOUNTS THAT THE OPERATOR AND OR CLIENT HAS AGREED, SETTLED OR COMPROMISED OR WHICH THE OPERATOR AND OR CLIENT IS OTHERWISE CONTRACTUALLY BOUND TO PAY TO ANY OTHER PERSON OR ENTITY WITHOUT PRIOR WRITTEN CONSENT OF THE COMPANY

Save as set out in 3.1 above:

The Company will not be liable or responsible to the Operator or the Clients for any direct or indirect damages or losses of any nature whatsoever, including those arising from any personal injury or death or loss of or damage to any property

(irrespective of the cause of such injury, death, loss or damage) except if such a liability or claim is as a direct and substantial result of the gross negligence or wilful misconduct of the Company. The Operator and the Clients (represented by the Operator if applicable) indemnify, hold harmless and expressly exempt and release the Company from any and all liabilities and claims arising from any cause whatsoever, including those related (whether directly or indirectly) to the Clients participating in the Tour(s) or making use of the Services or making use of any third party products or services whether or not these were arranged or organised by the Company except if such a liability or claim is as a direct and substantial result of the gross negligence or wilful misconduct of the Company. The Operator shall not however be required to indemnify the Company in respect of a claim by a Client where the Operator has complied with the Agreement and was not negligent in any respect related to the relevant claim.

The Company shall be excused from performance of all or the relevant part of their obligations in the event (and to the extent) that they are prevented from performing any obligations either in time, or at all, as a result of acts of God or public enemy, terrorism, civil war, insurrection or riot, civil unrest, labour disputes, strikes, fire, flood, explosion, earthquake, accident, epidemic, quarantine restriction, or as a result of the application of any law(s), or the acts or omissions of any state, government or regulatory authority, or as a result of any other cause beyond the reasonable control of the relevant Parties.

4. BOOKING PROCEDURE

4.1. QUOTATIONS

4.1.1. Upon request from the operator and or client, a quotation will be issued. Such a quotation is valid for 7 days from the date of issue.

4.1.2. Bookings will be held for a maximum of 14 days and will then be released if the deposit and payment policy shown below is not adhered to

4.1.3. The date on which a provisional booking expires may be different from the date on which a quotation expires.

41.4. The quotation is subject to the availability of all services at the time of confirming a reservation.

4.1.5. The price quoted is subject to change in the event of any unforeseen increases in prices, such fuel costs increases, currency fluctuations (relevant to aircraft or transfer services) and/or Government levies/taxes, park, community and conservation fees increases.

4.1.6. Services are quoted and invoiced in United States Dollars. Payment must be made in United States Dollars. The account details of the Companies are shown at the end of this document.

4.1.7. Fares and taxes on flights (if they are included) are quoted per person and at current rates. These are subject to availability and are subject to airline increases or rate of exchange fluctuations at any time prior to date of travel.

4.1.8. All services are subject to the inclusions and exclusions as recorded in Annex 1 and Annex 2.

4.2. DEPOSIT & PAYMENT POLICY

4.2.1. Once a booking has been confirmed to us in writing and upon receipt of the non-refundable deposit by the Company, we will change the booking’s status from “provisional” to “confirmed”. The standard deposit is 25% of the total accommodation costs and for Safari Program bookings, however, this amount can vary depending on certain terms and conditions, the requirement to pay up-front costs or party size. We will communicate to you any “non-standard” deposits along with your quotation, if necessary. Please note that no booking can be confirmed until such time as the Company receive the required deposit. Deposits and other payments once received are non-refundable, except on an agreed case-by-case basis.

4.2.2. Please contact your Sales and Reservation Consultant for details on the deposit and please DO NOT confirm a booking unless you have this non-refundable deposit in hand, as you will become liable for cancellation fees if the booking does not materialize.

4.2.3. Note that it is required that this deposit be paid over to the company within seven days of receipt of the deposit invoice. In the case of short lead time bookings, the due date for this deposit will be reflected accordingly on said invoice, or full payment may be required.

4.2.4. Full payment is to reflect in the account indicated on the invoice at least 60 days prior to arrival date. The final due date will be confirmed during the booking process.

4.2.5. The booking terms and conditions for third party suppliers (i.e. non-Tembo by Jackson Collection) will vary from supplier to supplier.

4.2.6. Should you require the booking terms for a specific 3rd party supplier, please request these from your Sales Consultant. Booking and payment terms and conditions imposed by such a 3rd party supplier will be applied to an Operator or Client’s booking made with that Supplier via the Company.

4.2.7. The final price of an itinerary is subject to change in the event of any unforeseen increases in prices, such fuel costs increases, currency fluctuations (relevant to aircraft or transfer services) and/or Government levies/taxes, park and conservation fees increases.

4.2.8. Group bookings will be subject to different deposit and payment schedules and will be agreed on a case-by-case basis.

4.2.9. Deposits will not be required for Road Transfer services

4.2.10. Any cancellation fees levied by 3rd party suppliers will be passed on to the respective Operator or Client as appropriate.

5. CANCELLATION POLICY

5.1. FIT Travellers. Independent direct bookings. No agents.

5.1.1. Cancellations are only effective on receipt of written notification and acknowledgement of receipt by the Company.

5.1.2. Cancellation fees are levied when guests cancel confirmed reservations. The costs of the cancellation fees will escalate the closer the guest cancels to their confirmed departure date. Our penalties escalate from forfeiting the deposit to payment in full as follows:

5.1.2.1. From confirmation to 60 days before safari date, the non-refundable 25% deposit is forfeited.

5.1.2.2. Between 60 days & the start of the safari, 100% of the total cost will be paid and forfeited.

5.1.2.3. If a safari or any part of it is cancelled after the start of the safari, 100% of the cost will be paid and forfeited

5.1.2.4. Any cancellation fees levied by 3rd party suppliers will be passed on to the respective booking agent or traveller.

5.2. Groups

5.2.1. Groups are defined as bookings that occupy 50% and above of the capacity of the smallest property on the itinerary.

5.2.2. Cancellations are only effective on receipt of written notification and acknowledgement of receipt by the Company.

5.2.3. Cancellation fees are levied when guests cancel confirmed reservations. The costs of the cancellation fees will escalate the closer the guests cancel to their confirmed departure date. Our penalties escalate from forfeiting the deposit to payment in full as follows:

5.2.3.1. More than 120 days before safari date; the deposit is non-refundable. In some circumstances a part of the deposit will be held as credit towards future bookings as agreed on a case-by-case basis.

5.2.3.2. Between 120 & 90 days before safari date, the deposit paid to date or 50% of the total cost of the Tour (whichever is the higher) will be paid and forfeited

5.2.3.3. Between 90 days before safari date and a ‘No Show’ 100% of the total cost will be forfeited.

5.2.3.4. Any cancellation fees levied by 3rd party suppliers will be passed on to the respective booking agent or traveler.

5.3. IMPORTANT - CANCELLATION POLICY.

The Cancellation Terms in this document apply to Tembo by Jackson Collection properties and / or services provided by the Company. For any 3rd Party properties or services used in an itinerary, the Deposit, Payment and Cancellation Terms and Conditions will be in accordance with the specific Terms and Conditions of those 3rd party properties or services booked, and those 3rd Party Cancellation Terms and Conditions shall override the Cancellation Terms and Conditions issued by the Company in respect of accommodation or services booked with 3rd Parties. Those 3rd Party Cancellation Terms and Conditions will be communicated to you during the booking phase if requested. Please note, it is only 3rd Party cancellation policies that can override elements of the Terms and Conditions in this document and all other Terms and Conditions in this document remain contractually in place, valid and enforceable.

5.4. TRAVEL INSURANCE

5.4.1. It is a condition of using the rates and services offered by the Company that all Clients (including individuals, companies and other legal entities) have in place adequate travel insurance cover valid from the date of confirmation against cancellation and travel amendment charges and all risks associated with travel in Africa and it is a requirement of using the services offered by the Company that all Clients (including individuals, companies and other legal entities) take out appropriate travel, medical and other insurance (which includes cancellation and curtailment cover) prior to departure of clients from their country of origin. A visit to Africa and particularly a Safari entails an element of risk and the Tembo by Jackson Collection nor their officers and employees shall be liable in any way for any loss or damages expenses or costs arising from any incident involving clients (individuals, companies and other legal entities) that may occur whilst using any of the services provided by the Company or third parties contracted by these companies.

5.4.2. It is the responsibility of every Client (including individuals, companies and other legal entities) to assess their own insurance requirements and to organise their own insurance appropriate to their needs, including travel insurance. In the event of failure of any client (individual, company or other legal entity) to comply with these insurance conditions and requirements or to organise appropriate insurance then the Company nor their officers or employees nor any third party contracted by these companies shall be liable in any way for any loss or damages expenses or costs arising from any incident.

5.4.3. Guests may choose to apply AMREF membership to their bookings, which can be facilitated by the Company, however it’s important to note that this is not a substitute for personal travel insurance and clients must also make their own arrangements for comprehensive travel insurance prior to travel.

5.4.4. The Company is not responsible for covering any costs incurred for medical treatment or any evacuation for clients while on safari, nor are they responsible for any complications which may result from a delay in arranging or executing such medical evacuation.

6. FORCE MAJEURE

6.1. “Force Majeure” means, in relation to the Company or clients, any circumstances beyond the reasonable control of the company or clients (including, but without limitation, war or threat of war, sabotage, civil disturbance, or requisition, acts of God, fire, accident, flood or explosion, sickness, quarantine, Government intervention, weather conditions or other untoward occurrences).

6.2. If the ability of the Company to provide the services booked is affected by Force Majeure, then they shall as soon as practicable notify you of the nature and extent thereof of those conditions and will not be liable by the imposed limitation or otherwise be liable to you, by reason of delay in performance, or by non-performance of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.

6.3. If either of the Company or the clients are affected by Force Majeure, the Company shall be entitled to and may in its absolute and sole discretion, cancel or vary any arrangements or itinerary in relation to the safari. Payment of any refund by the Company as a result of the non-performance of any of the Company’s obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavours to reimburse you in credit where possible. However, the Company shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Company of the Force Majeure.

6.4. Regarding Civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in the Company's sole and absolute discretion whether to proceed with the safari. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, the Company is of the opinion that the trip may proceed, no refund will be payable to you and the provisions under refunds will apply. For the avoidance of doubt, any refund process as a result of any Force Majeure event shall be entirely at the discretion of the Company, and nothing contained herein should be deemed to constitute a right to such a refund.

7. DATA AND PRIVACY POLICY

7.1. The Company receives various types of information (“the Information”) from Operators, Clients and other users (collectively“the Users”) who access Websites or make reservations through other manual systems, including personal information as detailed in various statutes to personal information, data and electronic communications and transactions (hereinafter referred to“Personal Information”).

7.2. Please see our full Privacy Policy available on our website https://www.tembobyjackson.com/privacy-policy/

7.3. In order to comply with General Regulation on Data Protection (EU) 2016/679, Article 13, which came into effect 25th May 2018, we have to notify you of the data we hold about you and how we use this data.

7.4. The Company and their associated companies use client information (your name, address and email address) in the normal course of business in the following areas: legal, tax and marketing. We retain a client’s name, address and email address for a period of 7 years which is the length of time we are required to for various legal and tax reasons.

7.5. We take seriously and will never share client data with third parties. The collection of data is carried out in a manual mode by personnel specifically appointed by the Company to input this data into our private database.

7.6. If you have any questions about our Privacy Policy, then please email us on [email protected].

7.7. It is agreed that:

7.7.1. The operator undertakes to obtain written consent from clients to collect, store and use the Personal Information for and on behalf of the Company for the purpose of carrying out its own obligations and the obligations of Tembo by Jackson Collection in terms of this Agreement and for purposes of any Tours and Services.

7.7.2. The operator warrants that it has reasonable security measures in place to prevent the loss, damage or unauthorised destruction of, and unlawful access to, the Personal Information.

7.7.3. The Company may electronically collect, store and use Personal Information, including Users’ names, contact details, surfing patterns, email addresses, IP addresses etc. for the purpose of carrying out any current and future Tours and Services

and will retain such Personal Information for as long as is necessary in order to achieve this purpose, and comply with any other statutory obligations.

7.7.4. The Company will endeavour to treat Personal Information received by it with reasonable care. Whenever the User is of the opinion that the Company has failed to do so, the User shall inform the Company thereof by sending an email to [email protected]. The company will review the User’s representations made by email and, if within the company’s discretion deemed advisable (and where possible taking commercially reasonable and affordable measures), take corrective action and in any event within 20 (twenty) days respond to the User informing him/her about corrective actions taken, if any.

7.7.5. Despite such undertaking, the Users acknowledge that it is possible for Internet-based communications to be intercepted.

7.7.6. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

7.7.7. Except to the extent of its own gross negligence, recklessness or wilful misconduct, the Company will not be responsible for any damages suffered by operators, clients or any third party as a result of the transmission of confidential or other information disclosed to members of the Tembo by Jackson Collection and/or their Suppliers through the Internet, or that operators expressly or implicitly authorise members of the Tembo by Jackson and/or their Suppliers to make, or for any errors or any changes made to any transmitted information.

7.7.8. To ensure acquaintance with and awareness of the privacy measures and policies of the Tembo by Jackson Collection, users must take care to read and understand the privacy policies and disclaimers published on the Websites, as amended from time to time, which shall be deemed to form part of this Agreement. Notwithstanding the aforesaid, in the event that the contents of this clause 7 conflict with the provisions of any legislation governing the protection of Personal Information, to which a particular Governors Party is subject, then this clause 7 will not apply to Tembo by Jackson Collection to the extent necessary to resolve the inconsistency, and (for that specific instance only) the provisions of clause 7 must be read as if amended to resolve the inconsistency.

8. JURISDICTION AND GOVERNING LAWS

8.1. These terms and conditions constitute a legally binding contract between the Parties under Kenyan Law and the interpretation thereof shall be governed by the laws of the Republic of Kenya.

8.2. Each party to this agreement irrevocably agrees that the courts of Kenya shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the Kenyan courts.

8.3. In the event of any dispute or action of any kind against the company it is agreed that that dispute or action shall be heard under Kenyan Law and in the Kenyan Courts.

9. GENERAL

9.1. Each of the indemnities, disclaimers, waivers, releases and other provisions of this Agreement are separate and severable provisions which are individually and jointly enforceable. In the event that any one or more of the provisions of this Agreement are found to be invalid, unlawful and/or unenforceable such provisions will be severable from the remaining provisions and the remaining provisions shall continue to be valid, in full force and effect.

9.2. Save as otherwise expressly provided for in this Agreement, no amendment or consensual cancellation of this Agreement or any provision or term hereof, or other document issued or executed pursuant to or in terms of this Agreement and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement or of any Agreement between the Parties, or other document issued pursuant to or in terms of this Agreement shall be binding unless recorded in a written document and signed by a duly authorised representative of the Company. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.

9.3. By confirming your reservation, you acknowledge that you have read and understand the terms and conditions contained herein and that you specifically agree to these terms and conditions.

ANNEX 1 – QUOTES ON CAMPS AND SAFARIS: IMPORTANT

• Please ensure that you are aware of our booking conditions. Booking a camp/safari with us confirms your acceptance of these conditions.
• Prior to confirming the booking, each guest is required to take out their own comprehensive travel, medical, cancellation, curtailment and default insurance for the duration of their trip.
• Due to the remote camp areas it is vital that all guests are covered for emergencies and other unforeseen circumstances. We will not be held responsible for any guest travelling without insurance.
• The relevant cancellation policy applies should the guest fail to join or start their safari/journey for any reason, including airline delays or missed connections. Please ensure adequate travel insurance is in place for this eventuality.
• Kenya has malaria areas. Please consult a medical practitioner, pharmacist or travel clinic to establish what precautions and/or vaccinations will be required.
• Due to the logistics of travelling on a safari to remote areas, we strongly recommend that all guests read the literature provided. Should there be any further queries, please feel free to contact your Sales and Reservation Consultant.

QUOTES: GENERAL INCLUSIONS.

• All accommodation is on a shared or single basis as indicated;
• Meals are as specified;
• Excursions and transfers are as indicated in the quote;
• Our camps include game drives in their rate. If there is an additional charge, we shall detail it on your quotation. Private activities and guide may be booked at an additional cost for sole use or special interest activities. Please advise during booking if you would like additional information on this service;
• Services of the camp guides and staff are as specified on your quote;
• Relevant park fees, entrance fees and community fees are not included in our rates and are as specified on your quote;
• Drinks are specified on your quote – drink inclusions may differ between camps.
• Laundry can be done at our camps and this is included in the rate as quoted . You will find this detail in the notes on your quote
• Air transfers as specified on your quote, will include Departure Taxes as relevant.
• Accommodation taxes, the applicable Tourism Levies and all relevant Value Added Tax (VAT) or Government Sales Tax (GST) are included in your quote.

QUOTES: GENERAL EXCLUSIONS

• Meals not specified in the quote such as lunch and dinner in city hotels and at restaurants.
• Any drinks, park fees, entrance fees, porterage, tours/excursions and transfers not specified in the quote.
• Any scheduled commercial flights and related taxes unless as part of a flying safari package with our preferred airlines.
• Cancellation, baggage and medical insurance;
• Staff gratuities;
• Any new Government Taxes, levies, community, park and conservancy fee, fuel or industry increases which are beyond our control;

• Visa fees where relevant. Should a visa payment be required, this will often need to be paid in United States Dollar cash. Change is often not provided and thus the exact amounts payable is essential (with small denominations encouraged). Travellers Cheques and credit cards are not usually accepted for this purpose;

• Any items of a personal nature.

QUOTES: SCHEDULED FLIGHT TICKETS – STANDARD TERMS & CONDITIONS

• Fares and taxes on domestic flights to Kenya’s game parks are quoted per person and at current rates. These are subject to airline increase or rate of exchange fluctuations at any time prior to date of issue.
• Kenya airlines require full first names and surnames as per the passengers’ passport to make a reservation.
• NOTE: In line with regulations around the world, we are required to supply the following information before air tickets may be issued for reservations made on scheduled Kenya internal flights – passport name, passport number, date of issue, date of expiry, country of issue, date of birth, gender and nationality.
• A Change Fee may be applicable for any name changes after an airline reservation has been made, or after the ticket has been issued. Change Fees will be charged to your final invoice, or in a separate invoice to you if final payment has already been made.
• Airfares are subject to seat availability and rules, cancellation and amendment penalties.
• Cancellation fees will be charged if applying for a refund on an issued ticket.
• The Company and their partners cannot be held responsible for any re-routings, delays or cancellations imposed by the airlines. Guests should carry adequate travel insurance to cover such eventualities.

WEIGHT & LUGGAGE RESTRICTIONS FOR LIGHT AIRCRAFT TRANSFERS

• For most bush flights within Kenya, a strict limit of 15kg of luggage in total (including hand luggage) is applicable, packed in soft bags.
• Adhering to aviation regulations means that there have to be strict measures to ensure weight allowances are not exceeded and that these parameters are adhered to by all our partners world-wide.

• The strict weight restrictions on any itinerary which includes light aircraft transfers exist because light aircraft have a maximum weight and luggage allowance. Additionally, Mara airfields are at a high elevation and located in hot tropics, so the permissible aircraft capacity is reduced and there are also physical space restrictions – such as size of aircraft and the luggage compartment and the number of seats.
• As part of our efforts toward service excellence, we review client satisfaction to determine our preferred local airlines and these are: Mombasa Air Safari, Air Kenya and Safari Link. For further details, please consult with your dedicated sales and reservation consultant.
• Should a guest require extra luggage allowance, a freight seat may be purchased at the cost of a child’s seat. This allows for 65kg of extra luggage per seat.
• Mombasa Air safari offers a limited luggage storage facility at its Mombasa and Nairobi, Wilson Airport offices for any luggage over the weight limit. Guests are welcome to leave luggage, and collect them again on return from their bush safari.
• Whenever a larger aircraft operators, such as the Dash 8 series, the luggage weight allowance may be increased – but this cannot be specifically communicated in the quote as advance information is not available to the Company.

PASSPORT & VISAS

Visitors to Kenya must have a passport valid for at least 6 months beyond their intended departure date, together with onward travel documents, proof of accommodation and sufficient funds for the duration of their stay. In addition, each country they may also be visiting generally requires at least 2 consecutive/side by side blank pages on entry for both visas and stamps. Should your itinerary include more than one country, excluding the country of departure and return, a sufficient number of blank visa pages (not endorsement pages) in their passport is required. Should there be insufficient blank pages in your passport then entry into or exit from a country could be denied.

• Any applicable visas, costs and/or relevant documentation are the responsibility of the guest. They must please verify with the relevant consulate concerning visa entry requirements and, if extending their journey to other countries, the visa entry requirements for those countries need to be established as well.
• Guests are advised to have all necessary visas prior to departure from their home country (unless these can be obtained on arrival) as the company, their staff, agents and operators cannot be held liable should entry be denied.

ANNEX 2 – TEMBO BY JACKSON COLLECTION RATES - INCLUSIONS & EXCLUSIONS.

Tembo Bush Camp and Tembo Spirit Camp.

Rates include full board accommodation, 3 meals per person per night booked, purified water and welcome drink, laundry, together with applicable VAT thereon, and Mara air strip transfers and game drives in our custom built 4WD vehicles.  A single drink sundowner from our selection of soft drinks, beers, house wines and “non-premium” spirits. At the Tembo Bush Camp the game drives are within the famous Mara National Reserve available from sunrise to sunset, or for the Tembo Spirit Camp, the game drives are available both by day and by night within the beautiful Lemek conservancy.

Rates exclude Champagnes, selected fine wines, premium spirits and liqueurs, personal expenses, Manyatta entrance fees, Community and Park Fees. Champagnes, selected fine wines, premium spirits and liqueurs will be charged as extras. For booked Groups and Incentives, we reserve the right to charge drinks on consumption or to levy a drinks supplement. All over the counter wines, premium spirits and liqueurs will be charged as extras. For Groups and Incentives, we reserve the right to charge drinks on consumption or to levy a drinks supplement.

Also not included are visits to local Masai Villages (Manyattas), and to/from local schools and other community and conservation projects that we support, and which guests may wish to visit. The amounts for transportation and the village entrance are shown on client invoices and the charge for each service is clearly stated.

CHILD POLICY: Tembo Bush Camp and Tembo Spirit Camp.

Children’s rate on accommodation is available for children under the age of 13 years old. Infants under the age of 3 years are accommodated free of charge.

Accommodation rates: The child rate per child per night is indicated on our tariff sheet. The applicable charge for two adults and one child is the per person sharing adult charge for two pax plus the child rate per night. If the child is sharing with one adult, then the applicable charge is one adult charge based on the per person sharing rate for one pax plus the child rate per night.

Mara Park fees, Community fees for children: A child park fee rate is available for children who are under 18 years old. Children under the age of 3 years do not pay park fees. However, Mara Camp Community fees for children are the same as for adults.

GUIDE POLICY: Guides are accommodated in guide or guest accommodation at our discretion. Rates will be the applicable resident rate for that property and season.

Rates exclude Champagnes, selected fine wines, premium spirits and liqueurs, personal expenses, Manyatta entrance fees and Park, Conservancy or Walking Fees. Rates also exclude premium or non- standard activities such as hot air ballooning, scenic flights and other similar high-cost activities which shall be quoted separately.

WALKING AND NIGHT SAFARI IN LEMEK CONSERVANCY. This includes transportation of tourists in custom built 4WD vehicles to/from our private concession area where walking is undertaken. The rate may also includes a freshly cooked bush breakfast with sparkling wine if pre-agreed (or evening sun-downer in case of an afternoon walking safari) with applicable VAT thereon.

PLEASE NOTE – WALKS MAY NOT BE AVAILABLE IN EVERY SEASON. PLEASE CHECK AVAILABILITY.

Private Walking Safaris with an expert guide. $35 per person: A unique experience available only in private conservancies

Night Game Drives $35 per person: A unique experience available only in private conservancies

Spa treatments: a range of treatments and products.

TRANSPORTATION OF TOURISTS WITH SOLE USE OF VEHICLES:

Our policy is to accommodate 4 - 7 clients per vehicle in a standard Landrover/Landcruiser. Vehicles are available for groups of nine. For the use of a sole vehicle, you will pay a higher transportation charge. Please ask us if you wish to know the cost. This must be booked in advance and may not be available at certain times of year.