Please note that ZIA – Travel Atelier (“ZIA”) is a tour operator and not a travel agency. On your behalf, we, therefore, contract and operate with the relevant services providers subject to the specific terms and conditions of property owners, suppliers and other travel-related operators that we use (the “Third-Party Suppliers”). These Third-Party Suppliers are carefully vetted and selected by ZIA. The conditions stipulated herein (the “ZIA T&C”) and the terms and conditions of Third Party Suppliers (“Third Party T&C”) apply to all enquiries, advice, quotations or estimates addressed to, provided by or bookings made with ZIA.

The guest acknowledges that by signing and submitting the Booking Form to ZIA, from the signature date thereof and until the end of the tour or earlier if the tour is cancelled, that the guest personally acknowledges to have read, accepts and agrees to be bound and is duly authorised to accept and agree to be bound by these ZIA T&C in relation to and on behalf of all members of the travelling party as stipulated in the Booking Form (“the Travel Party”) and that they are likewise authorised to sign the Booking Form and the terms and conditions of the Third Party Suppliers.

ZIA makes every effort to engage quality Third Party Suppliers among the airlines, hotels, tour operators and other service providers to provide the travel products making up the tour featured and to ensure that the various services making up the tour will be carried out efficiently and as specified. ZIA does not have direct control over the provision of services by suppliers and shall not be liable for any loss, damage, exposure to COVID 19 as a result of suppliers not adhering to COVID 19 protocols as prescribed by Government authorities from time to time, injury, additional cost, accident, delay, irregularity that may be occasioned by any error or default, act or omission of any supplier in carrying out the arrangements of the tour, or otherwise in connection therewith. ZIA cannot be held responsible if animal sightings or special requests cannot be obtained or procured, and that there will be no claim against ZIA in this regard. The Third Party T&C (which is often constituted by the ticket issued by them) shall constitute the sole contract between the Third Party Supplier and the guest and any right of recourse the guest may have, will be solely against such then Third Party Supplier.

1.          BOOKINGS, PAYMENT TERMS & CANCELLATIONS

1.1.      Reservations are confirmed upon receipt of written / emailed confirmation and followed by a 30% advanced payment fee to secure the booking as per the invoice. In addition, all airline tickets will require full payment upfront. This advanced payment fee comprises:

1.1.1.         20% (or in case of airline tickets, full value) to secure services with Third Party Suppliers which will then be paid to the relevant suppliers on the guest’s behalf. These payments are subject to Third Party T&C; and

1.1.2.         10% ZIA planning and coordinating fee for the tour package. This planning fee is non-refundable.

1.1.3.         In addition, all airline tickets will require full payment to confirm and issue.

1.2.      Please note that some Third Party Suppliers require a higher percentage deposit for December and peak season bookings, depending on the property and supplier requirements. This may be a full payment up to 6 months prior to travel. Should a Third Party Supplier require different advance payments, ZIA will advise the guest and the details will be contained in the ZIA invoice.

1.3.      Reservations shall be considered full and paid up once a final invoice has been issued and paid within 48 hours of the issuing of such an invoice. Should the invoice not be paid within this time, ZIA reserves the right to re-issue the invoice should there be an increase in foreign exchange rates, airline rates or any other related cost. Forex conversions to be provided by ZIA bank. Furthermore, prices are quoted at the ruling daily exchange rate. Until ZIA has received payment of the tour price in full, it reserves the right to charge any fluctuations to the guest’s account and the guest undertakes to pay for any such fluctuation on demand. Should it be a group booking and the group number deviate from the number required for the booking as originally quoted, ZIA reserves the right to re-cost the tour price and raise a surcharge.

1.4.      Final settlement of the services contracted for on behalf of the guest is required no later than 60 days (for less than 10 people travelling) and no less than 90 days (for 10 or more people travelling), prior to the commencement date of the itinerary. If the full amount is not paid in due time, ZIA reserves the right to treat the booking as cancelled.  Bookings made within 60 days (for less than 10 people travelling) and 90 days (for 10 or more people travelling), must be paid in full immediately. 100% cancellation fee will be charged if cancelled 60 days or less (for less than 10 people travelling) and 90 days or less (for 10 or more people travelling), from the commencement date of the itinerary, as per the Third Party T&C. Should a Third Party Supplier require different payments or deposits, ZIA will advise the guest in writing and amend payment. The invoice will be in the currency of payment required. Please see Clause 1.2 for December and peak season bookings.

1.5.      All tours are booked, and arrangements are made, on the express condition that the guest embarks on the tour or journey entirely at their own risk. ZIA its directors, members, partners, employees and agents (“the Indemnified Parties”), shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm, illness, harm, trauma, delay or inconvenience to any guest (which shall be deemed to include the heirs, executors, administrators or assigns of the guest whether on the tour or journey or not), to or loss of or damage to their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of any of the Indemnified Parties whatsoever. The guest indemnifies and holds harmless the Indemnified Parties accordingly. The Indemnified Parties shall furthermore not be liable for any consequential or indirect loss or damage whatsoever.

1.6.      Any guest, who has special requests, must specify such requests to ZIA in the Booking Form. Whilst ZIA will use its best endeavours to accommodate such requests, special requests are not guaranteed. No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the guest and a duly authorised representative of ZIA. No refunds will be considered unless provisions to the contrary are contained herein. Refunds by the Third Party Suppliers will be subject to their terms and conditions.

2.          TRAVEL INSURANCE

2.1.      ZIA generally recommends that guests intending to go on a tour ensure that full travel and medical insurance has been taken out by that guest or on behalf of the guest. If the guest chooses to go on a tour without taking out full travel and medical insurance, ZIA, its employees, and agents will not be held responsible for any liability arising out of any cancellation or rebooking or any injury or incident arising during the tour.

3.          FORCE MAJEURE

3.1.      Definition

The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the terms and conditions that govern the relationship between the parties, subject to the qualifying requirements:

3.1.1.         Acts of God and casus fortuitous: physical, natural causes which cannot be foreseen or prevented and which without limiting the generality of the aforesaid includes tornadoes, death, extraordinary high tides, tidal waves, violent winds, fire, floods, earthquakes, volcanic eruption, hurricanes, typhoons, cyclones, landslides, lightning strikes and other natural disasters;

3.1.2.         Industrial action such as strikes and lockouts, whether of a political nature or not;

3.1.3.         War, sabotage, revolution, terrorism, civil commotion, riots, insurrection, invasion, blockade or boycott;

3.1.4.         Epidemic, pandemic or the outbreak any other life and/or health threatening diseases, whether infectious, contagious or not, or events such as the spillage of dangerous contaminants or severe air, water, soil or substance pollution (as determined by authorities);

3.1.5.         Any other event that is due to an irresistible force, unavoidable and external accident;

3.1.6.         Breakdown of public services and amenities;

3.1.7.         National and/or regional border closures and international, national and/or regional or transport travel or transport bans or restrictions whether taken and/or implemented by the government of any country included in the guest’s travel itinerary; and

3.1.8.         The geographic location, origin and/or epicenter of the Force Majeure Event is irrelevant as the only yardstick is the impact on the contractual obligations of the parties.

3.2.      Qualifying Requirements

The parties agree that the above prima facie force majeure events (the “Event”) will only qualify as such if the following conditions are met:

3.2.1.         The party invoking force majeure (the “Force Majeure Party” or “FMP”’) must immediately advise the other party (the “Force Majeure Recipient” or “FMR”) in writing;

3.2.2.         The Event must not be due to the fault, negligence or breach of contract on the part of the FMP;

3.2.3.         The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible and NOT simply difficult, burdensome or economically onerous to carry out;

3.2.4.         The FMP uses and has used due diligence and its best commercially reasonable endeavours to overcome and/or remove and/or alleviate and/or mitigate the Event;

3.2.5.         The FMP must mitigate its own damages;

3.2.6.         The FMP must take all reasonable steps to avoid non-performance;

3.2.7.         Any steps taken by any country’s government must be as a result of the Event which results in and meets any one or more of the above Qualifying Requirements; and

3.2.8.         The Event must not be of a temporary nature, but if it is anticipated to endure for an unreasonably long period, it will be regarded as permanent.

3.3.      Remedies

3.3.1.         If the parties disagree about the qualifying requirements, the parties will resort to alternative dispute resolution as provided for in the agreement.

3.3.2.         If the FMP will have the option to agree to a postponement with the FMR and the contract will be performed at the postponed date or the FMP can cancel the contract and the cancellation provisions will apply.

3.3.3.         If they are in agreement that the qualifying requirements have been met, then parties will in the first instance use their best endeavours to agree on the postponement of performance of the contract and failing consensus in that regard, the FMR will use its best endeavours to reimburse the FMP all monies received from it and paid to third party service providers which it manages to recover, less irrecoverable disbursements and a reasonable management and service fee.

4.          PASSPORTS, VISAS & HEALTH

4.1.      It is entirely the Guest’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with ZIA before travelling. ZIA will endeavour to assist the guest but such assistance will be at ZIA’s sole discretion and the guest acknowledges that in doing so, ZIA is not assuming any obligation or liability and the guest indemnifies ZIA against any consequences of non-compliance. It is the guest’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical fitness needed for travel and the guest must be in an adequate condition required for the proposed travel arrangements.

4.2.      Please note that all visitors to Africa are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued (this is over and above what the guest will need for cross border stamps during its travels), however in each case, a further enquiry should be addressed by the guest to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The guest must ensure that the details supplied to ZIA mirror those details shown on their passport for international travel and ID documents for local travel. Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if the guest has a valid visa. Furthermore, caution should be taken when the countries of transit or final destination issue visa on arrival. These must not be taken for granted and it remains the guest’s responsibility to ensure that all details are obtained from the relevant embassy or consulate well in advance of the guest’s departure.

5.          MALARIA AND OTHER TROPICAL DISEASES: WARNING

5.1.      Certain parts covered by the guest’s itinerary may contain areas where there is a high-risk of malaria and other tropical diseases. It is strongly recommended that the necessary precautions be taken in this regard and recommend that the guest checks with its medical practitioner before departure.

5.2.      Certain areas also require Yellow Fever Vaccinations of which the certificate must be carried and produced when required. Inoculation is required at least 2 (two) weeks before departure from the country of origin. However, it is the guest’s duty to check their destinations for any such cautionary before they travel as to the state of the country in terms of not only health but also security.

6.          TRANSPORTATION

6.1.      Air tickets are linked to contracts (“Air T&C”) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions. The guest should also take note that if the guest’s flight/itinerary consists of more than one flight/coupon/ticket, the guest is not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (e.g. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary.

6.2.      ‘No-shows’ may result in the ticket being voided and/or the guest being charged a cancellation fee. Note that the Air T&C shall constitute the sole contract between the airline and the guest and any right of recourse the guest may have, will be solely against the airline in terms of the Air T&C.

6.3.      The guest must be ready to show their identity document at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.

6.4.      Private or scheduled charter flights – ZIA or the charter company do not accept any responsibility for delays or cancellations due to unforeseen circumstances, technical breakdowns or diversions due to bad weather. 100% cancellation fee will be charged if the guest cancels their private or scheduled charter flight within 30 days of departure, or subject to the charter company terms and conditions if it differs.

6.5.      Guests agree to adhere to charter flight luggage restrictions. Please note that the flying services and road transfers are sub-contracted to independent companies. They are responsible for this portion of the itinerary. ZIA will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Guest’s account.

6.6.      It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore, it is important that the guest checks with ZIA prior to departure, what the current airport departure tax is of all the countries included in the itinerary that the guest will be passing through as these taxes may be payable in the local currency and must be provided for.

6.7.      Driver’s Licence – Even if the guest has obtained an international driver’s licence, it would be advisable for them to carry their national driver’s licence with them. Some overseas car rental companies may request proof of residence.

7.          INFORMATION

7.1.      All information contained in the ZIA itinerary and price quotes, invoices, schedules are to the best of ZIA’s knowledge and believed to be true and correct at the time of preparation. ZIA accepts no liability for any errors / inaccuracies contained therein. The guest acknowledges that it may have selected the itinerary and destination(s) constituting the booking based on information gleaned from third party brochures and/or the Internet. It also acknowledges that certain  such brochures and/or the Internet have been compiled and are managed and updated by Third Party Suppliers over which ZIA has no control.

8.          CONFIDENTIALITY & PRIVACY

8.1.      Subject to statutory constraints or compliance with an order of court, ZIA undertakes to deal with all guest information of a personal nature on a strictly confidential basis as more particularly set out in the Privacy Policy.

9.          COPYRIGHT

9.1.      The ZIA T&C and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by ZIA is and shall remain the sole and exclusive property of ZIA.

9.2.      The guest furthermore undertakes not to circumvent ZIA and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates and quotes provided by ZIA with any of the suppliers or any other service providers or venues for a period of 1 (One) year from the date of submission of any proposals, presentations, estimates and quotes provided by ZIA.

10.        LAW, JURISDICTION & DOMICILIUM

10.1.    Kenyan law and the jurisdiction of the courts of the Republic of Kenya shall govern the relationship between the guest and ZIA.

10.2.    The guest agrees that he/she will at all times comply with ZIA’s or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The guest indemnifies and holds harmless ZIA against damages suffered and/or costs incurred by ZIA and/or any third party as a result of a breach of this clause.

11.        ENTIRE CONTRACT

11.1.    These ZIA T&C (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made, and indemnities signed) constitute collectively the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the guest acknowledges that he/she has not relied on any matter or thing stated on behalf of ZIA or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the ZIA T&C. ZIA reserves the right to revise these conditions from time to time and each revision will be dated and posted on its website.