Charles African Safaris Ltd is registered & incorporated in Kenya under the Companies Act, 2015 number PVT-9XUK9L7A and licensed by the Tourism Regulatory Authority License No. TRA1/47/C01/63155.
The T&C outlined below are specific to the services provided by Charles African Safaris Ltd to you, our client (hereinafter referred to as “client” “traveler”, and “you”, the lead booker, as well as the booking party), and the use of its website, social media pages, and online portals, and supersede any conflicting T&C of external entities.
We are committed to protecting your privacy and handling your personal data in accordance with our privacy policy. By using our website and contacting us via provided channels, you consent to the collection, use, and disclosure of your personal information.
We reserve the right to modify and/or update our terms and conditions at any time. Any changes will be effective immediately upon posting them on our website. By continuing to use our website after such changes, you agree to be bound by the modified terms. If we revise our terms and conditions, our clients who have already made a booking will receive an email about this. The revised terms and conditions will automatically apply from that time, unless a written objection is made by the client within 7 days.
The content, logos, trademarks, and other intellectual property on our website are owned by or licensed to Charles African Safaris Ltd and are protected by applicable intellectual property laws. You may not use, reproduce, modify, distribute, or display any of our intellectual property without our prior written consent.
All prices published on www.charlesafricansafaris.com are per person (unless otherwise stated) and quoted in US Dollars (USD$). Cost of obtaining passports or visas, border taxes (if applicable), tips for guide, driver and hotel staff, insurances, additional excursions or personal expenses are not included in the itinerary cost. Discount rates for children or peak-rates during the high/festive season are not included. All prices on the website should be used as a guideline only. Charles African Safaris Ltd cannot be held responsible for any changes or pricing errors. Charles African Safaris Ltd will provide actual costs in its quotation proposals. The quotations are valid for 21 days and interim proposal changes are subject to overall travel package price changes.
Matters influencing a surcharge would include, but are not limited to, increases in transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges, taxes or fees payable for services such as landing taxes, or embarkation or disembarkation fees at ports or airports), increases in park fees, reserve fees or concession fees, or exchange rates which are relevant to the travel package. The price of your itinerary will be based on known costs at the date of issue of the itinerary.
From the date of the conclusion of the package travel agreement up to 20 days before commencement of the travel package, AS reserves the right to levy a surcharge where costs have changed since the date of issue of the itinerary. Should the surcharge exceed 10% of the total holiday price, you are entitled to cancel the holiday and receive a full refund of all monies paid. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
Clients shall acknowledge that in some African countries, government-regulated fees and taxes such as national park fees may change suddenly and without prior notice. Charles African Safaris Ltd reserves the right to pass on any such changes to clients.
After a client requests a quote on our website, we promptly send a comprehensive itinerary to their email address. This detailed itinerary outlines the various destinations they will visit, the activities they will do and accommodations where they will stay, allowing them to gain a clear understanding of what to anticipate. Following this, it is imperative for the client to either confirm their acceptance of the proposed itinerary or provide suggestions for any modifications they desire.
The safari services agreed upon with the client throughout this process will be diligently provided, except in the event of unforeseen circumstances, such as road closures, bad weather, or security concerns. In such cases, the itinerary may be changed or terminated (see sections 5.3.2. and 6.2.).
Payments can be made by bank wire/transfer, debit or credit card as well as other direct card payments. After clients accept a proposal, they receive an invoice with all details. We require a 50% deposit payment of the itinerary cost within 10 days of receiving the invoice and 100% upfront payment if the booking was made within 21 days prior to departure. We cannot guarantee a booking if a deposit or a full amount is delayed.
We encourage our clients to book their own international flights unless with express authority to help them book. However, we don’t take any liability with issues that may arise from the airline such as cancellations, delayed departures or missing out on flights.
In both cases, full payment must be made no later than 21 days before the departure date, as some hotels and other service providers in Africa require full payment in advance to guarantee the reservation. Failure to make full payment by this deadline gives us the right to cancel the holiday and apply the applicable cancellation charges (refer to section 5.3.1). The travel agreement will then be automatically dissolved and you will receive a notification prior. In such cases, we bear no liability and cancellation is without penalty to us. The lead booking name is responsible for full payment on behalf of the entire party, and all members agree to the stated conditions. The lead booking name is severally responsible for all duties resulting from the agreement.
Deadlines for last-minute trips
In trips taking place within 21 days of the booking, the full travel price must be paid within two days of the invoice being sent, regardless of the default 10 days deadline mentioned on the invoice document. If the traveler fails to pay on time, they will be in legal default and the contract may be terminated immediately by CASL.
5.3.1 Cancellation by the client
In the event that you cancel your booking, in full or partially, Charles African Safaris Ltd will levy cancellation charges as defined in the section below. This is only different if the traveler terminates the contract because he does not accept a proposal for a substantial change to the trip or if the trip is cancelled by the traveler if unavoidable and unforeseeable circumstances occur at the place of destination that significantly affect the execution of the trip. In these situations, Charles African Safaris Ltd will not charge cancellation fees if she believes that the traveler can validly appeal to the situations mentioned above.
Whilst we always Endeavor to avoid cancellations, we reserve the right to cancel your holiday for the reasons and respecting the deadlines specified below.
Reasons:
If you don’t comply with your duty to pay the travel sum.
If we have a legitimate fear that you will not or not fully pay the travel sum, before payment has become claimable.
When, on a date specified in the agreement, it becomes clear that the minimum number of participants is insufficient.
Deadlines:
Deadlines for last-minute trips, that is trips taking place within 21 days of the booking, the full travel price must be paid within two days of the invoice being sent, regardless of the default 10 days deadline mentioned on the invoice document. If the traveler fails to pay on time, they will be in legal default and the contract may be terminated immediately by CASL.
We may also be entitled to cancel your holiday during your trip if you fail to comply with local laws, tours, carriers and accommodations regulations.
We cannot accept liability where the performance or prompt performance of our contractual obligations is prevented or affected by your failure to adhere to applicable local laws as well as tours, carriers and accommodations regulations. If you fail to comply with the above or commit any illegal act, or if CASL (acting reasonably) believes that the client’s behavior is causing or is likely to cause danger, distress, or material annoyance to others, CASL may terminate your travel arrangements without liability on CASL’s part, and you will not be entitled to any refund for unused or missed services or costs incurred as a result of the termination.
Moreover, we cannot accept liability where the performance or prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of force majeure (refer to section 14.1). In circumstances amounting to force majeure, we cannot refund any money to you. Although, if we can recover any monies from our service providers, we will refund these to you. In any case, you are not entitled to additional compensation.
We may cancel your confirmed holiday if you fail to comply with any requirement of these booking conditions entitling us to cancel.
After your booking has been confirmed, should you wish to correct any errors, make any changes to your itinerary or your arrival date, or replace a traveler, we will make every effort to accommodate your requests based on the below conditions and availability.
Modifications allowed within 10 days of booking confirmation:
Errors in the reservation: Please carefully read your confirmation email, invoice, tickets and all other documentation we send you as soon as you receive them. If you identify any necessary modifications within 10 days (such as a misspelled name), please inform us promptly to avoid any charges.
If your departure date is beyond 21 days and provided that deposit or full payment of the itinerary has already been paid, you can request to modify the activities, accommodations, and route of your itinerary. This will result in a cancellation of the initial booked service (according to section 5.3.1) and you will be required to pay for the new service cost.
Arrival date: You can modify your arrival date for a later date than the original one. The new arrival date has to be within the next 12 months. This will only be possible if communicated 21+ days before the original departure date and the change is one time only. Also, 50% of the itinerary costs must have already been paid by the client. In case one or more services of the holiday won’t be available for the new dates, at the time of change, then the client has to pay for the service(s) that they wish to substitute with. In case all services are available on the new dates, then the initial payment will be used to cover the changed bookings. Please note that some service providers may not have postponing policies, and a change of date is regarded as a cancellation of the previous booking, with charges passed on to the client. In both scenarios, you will be required to pay for new services.
While it’s unlikely that we’ll need to make any changes to your holiday, we do reserve the right to make changes at any time. Most changes are minor, and we will inform you in writing as early as possible. If a major change is required, such as a significant alteration to your flights, all accommodations or all activities, (and as long as it is not due to a force majeure or airline schedule changes), Charles African Safaris Ltd will make every reasonable effort to ensure the same quality and comparable experience of the itinerary. If substantial changes decrease the quality or value of the travel services, AS will give you a reasonable time to either accept the change, choose another holiday, claim a price reduction or terminate the package tour agreement and receive a full refund. In any case, you are not entitled to additional compensation.
We cannot provide compensation and cannot accept liability beyond the options mentioned above if we are required to make a change or cancel due to unforeseen or unusual circumstances beyond our control, which we could not have prevented even with the utmost care. No compensation or options will be available if we cancel due to your failure to comply with our booking conditions if the change is minor. A minor change would not significantly impact your confirmed holiday based on the information provided during booking. Non-Paying Children are not eligible for compensation.
Travelers must carry adequate comprehensive travel and medical insurance for themselves, as well as any dependents/travelling companions, throughout their trip. This insurance should include: medical expenses and repatriation expenses. Optional insurances are: cancellation or curtailment of the safari, emergency evacuation expenses (flying doctors), damage/theft/loss of personal baggage, money and goods.
If you or any member of your party have any medical problem or disability which may affect your holiday, please inform us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably judge that we are unable to adequately accommodate the traveler’s specific needs, we must reserve the right to decline the booking or, if full details are not provided at the time of booking, cancel when we become aware of them.
It is upon the traveler to ensure that passports and visas are valid for the countries visited. It is also upon the traveler to check for required proof of vaccination documents required to enter the destination.
Please verify with Immigration Services, Embassy, the regulations regarding passports, visas, and vaccinations prior to your departure. Charles African Safaris Ltd cannot be held liable for any impediment suffered by a traveler as a result of failure to possess proper and complete travel documents or costs involved with obtaining them.
We send you all vouchers (where applicable), domestic e-tickets, between two weeks and three days before departure.
Carriage by air and sea, international or domestic, is subject to the terms and conditions of the carriers with whom you are traveling and to international conventions. AS accepts no liability to offer compensation whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to CASL, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned, even when we did make the ticket booking. We will however make sure that the booked holiday can be executed in the best way possible.
Domestic carriage by air and sea is subject to schedule changes. In the event of any modifications, the traveler will be notified at the earliest opportunity, and all necessary measures will be taken to ensure that the itinerary remains unaffected.
The liability of CASL for damages you suffer is limited to three times the travel sum. AS is not liable for failure to perform an obligation if it is attributable to you yourself, is a consequence of unavoidable and extraordinary circumstances or is attributable to a third party not engaged by the organizer in the performance of the travel services.
You acknowledge that participation in our travel products involves inherent risks associated with the wilderness, the environment, health, transport and personal safety, which you voluntarily assume. Standards of hygiene, accommodation, healthcare, public transport and road conditions could not be up to those of your home country or region. Such risks might involve, but not be limited to: wild animal encounters, wildfire, extreme weather conditions, rough terrains, endemic diseases (e.g. malaria), public transportation safety, theft, high-altitude sickness, physical injuries, and limited rescue or evacuation options.
Charles African Safaris Ltd will make reasonable efforts to provide you with guidance on weather conditions, safety considerations, physical challenges, health formalities, local customs, and applicable laws and regulations in the areas visited.
You agree to take all reasonable measures to ensure your personal safety during the trip, including proper use of safety equipment such as seatbelts, harnesses, or helmets, and adherence to posted warnings or instructions. Charles African Safaris Ltd shall not be held liable for any harm resulting from your failure to follow safety recommendations or instructions provided by our staff or third-party suppliers.
12.1 CASL accepts responsibility for ensuring your holiday is executed as described prior to your departure and services provided will reach a reasonable local standard. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes for example any additional services or facilities, which your hotel or other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them.
12.2 When our brochure refers to ‘other activities and services’ which are not part of your contract with CASL, we do not accept any liability. These activities and services are not run nor controlled in any way by us. They do not form any part of your contract with Charles African Safaris Ltd, even where we suggest or recommend particular operators/centers/trips and assist you in booking such activities or services in any way. Accordingly, CASL cannot accept any liability in relation to these outside activities and services. Where we make or take any bookings for or from you in respect of any activity or service available, we do so solely as booking agents. This is the case regardless of whether the activity or service is advertised or mentioned in our brochure or on our website or elsewhere.
Your contract for any such activity or service will be with the supplier or operator of that activity or service. Charles African Safaris Ltd has no liability for any such activity or service or for any acts or omissions of the supplier or operator or for it/their employees or agents or any other persons connected with the activity or service. If we are found liable in any respect for any such activity or service, for example, in our capacity as a booking agent, that liability is limited to the cost of the particular activity or excursion concerned. We do not limit or exclude our liability for death or personal injury arising from our negligence.
12.3 We would like to remind you that the infrastructure in developing countries may not be up to the same standard as in their home country. Some accommodations may experience occasional power cuts or water shortages. The liability of CASL for damages you suffer is limited to three times the travel sum. Charles African Safaris Ltd is not liable for failure to perform an obligation if it is attributable to yourself, is a consequence of unavoidable and extraordinary circumstances or is attributable to a third party not engaged by the organizer in the performance of the travel services.
12.4 Charles African Safaris Ltd is not liable for the breach of an obligation if it is attributable to yourself as a traveler, a consequence of unavoidable and extraordinary circumstances, attributable to a third party not engaged by the travel organizer in the performance of the travel services or the non-conformity could not have been foreseen or prevented.
Throughout the trip, you must adhere to all applicable local laws as well as regulations of tours, carriers and accommodations.
In these booking conditions, force majeure means any event which we or the supplier of services in question could not even with all due care foresee or avoid. Such events are likely to include, but are not limited to, war, threat of war, civil strife, riot, civil disorder/unrest, industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, floods, breakout of an epidemic or pandemic disease, technical problems with transport, cancellation or amendment to any scheduled flight, closure or congestion of airports or ports, adverse conditions and all similar events outside our control.
14.2 Minor Change
In these booking conditions, a minor change is a modification that would not significantly impact your confirmed holiday based on the information provided during booking.
These Terms and Conditions are originally stated in English. They may be translated into other languages. If, after translation, the meaning of words and/or sentences in the Terms and Conditions are disputed, the final meaning will be distilled and determined from the original English version.
Your contract is with Charles African Safaris Ltd. We draw your attention to the above terms and conditions, which cover all brochures and correspondence and all bookings made with us. Any contract with CASL is subject to these terms and conditions from which no person, other than a Director of CASL, has the authority to depart. Making a booking with Charles African Safaris Ltd is regarded as acceptance by the lead client and all parties of the group of the above terms and conditions before the contract between us comes into existence.
By making a booking of a travel package, a package travel agreement comes into existence between you and CASL. The booking confirmation is the contract between you and Charles African Safaris Ltd. This document is the proof of the existence and content of the package travel agreement. Minors are not allowed to make a booking.
Kenyan law is applicable to the agreements that have been concluded, amended or supplemented on the basis of these terms and conditions, unless on the grounds of mandatory rules other law is applicable. Only a Kenyan court is competent to take a decision, unless another court is competent based on mandatory rules.