Booking Terms & Payment Policy

The following terms and conditions form the basis of your contract with Vespers Safaris Kenya Ltd.
Please read them carefully and contact us should you have any questions.

1. INTERPRETATIONS, IN THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
   a. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of
   the clauses to which they relate.
   b. unless the context clearly indicates a contrary intention, words importing one gender includes the
   other two genders, the singular includes the plural and vice-versa, and natural persons include created
   entities (corporate or incorporate) and vice-versa.
   c. Vespers Safaris Kenya Ltd, registered in Kenya.
   d. “the client” means the person / s named on the reservation form (whether it be a provisional or
   confirmed reservation form) and who contracts with Vespers Safaris on the terms and conditions
   hereunder. The client shall also include any agent who makes any booking of third party clients in
   respect of a reservation. Such agent, as well as the persons named on the provisional and the confirmed
   reservation form, shall be jointly and severally liable to Vespers Safaris for the performance of their
   obligations in terms of these standard trading conditions, as well as any contract /s made pursuant
   thereto;
   e. “services” means the provision of accommodation, transfers, transportation, booking of tours and
   excursions for the client in East Africa and the World at large. Such services include, but shall not be
   limited to the procurement by Vespers Safaris Kenya Ltd, acting solely as agent for the client, with third
   party service providers, of hotel, lodge, camps and bed and breakfast accommodation, National Park
   Reservations, car hire and transfer reservations, air charter and hot air baloon reservations, the
   procurement of reservations with any air or land carriers, scheduled departure safari reservations, set
   departure tour reservations, day tours, excursions and adventure activities reservations, and shall
   include any other services incidental to the a foregoing.
2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
   All and any business or contracts undertaken or advice, information or services rendered by Vespers
   Safaris Kenya Ltd, in connection with the services, whether gratuitous or not, is undertaken and
   provided in accordance with these standard terms and conditions of contract.
3. VESPERS SAFARIS KENYA LTD ACTING AS AGENT ONLY
   In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Vespers
   Safaris Kenya acts as agent only for and on behalf of the client in procuring the services. As such,
   Vespers Safaris shall procure the services for and behalf of the client as agent for it with relevant third –
   party service providers concerned. Vespers Safaris shall, under no circumstances, be liable for the acts
   and omissions of the relevant third- party suppliers concerned.
4. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS
   4.1 All quotations given by Vespers Safaris in connection with the services to a client shall be in writing
   and, unless otherwise agreed to in writing by a member of Vespers Safaris, shall be in the currency of
   American Dollars (USD). Such quotations shall be inclusive of Kenyan value added tax (where
   applicable). Acceptance of any quotation by a client shall be in writing. Vespers Safaris reserves the right
   to amend and increase any quotation, even after acceptance by the client, in the event of any adverse

currency fluctuations, increases in Government or Statutory levies, increases levied by third party
suppliers, such as airlines, providers of accommodation and transportation and other third party
suppliers, in respect of the services.
4.2 Any revision in quotes will be commensurate with the change in the currency exchange rates or the
increase in the amounts payable. In the event of the client disputing the quantum of such increase, it
shall be referred forthwith to the accounting officer of Vespers Safaris for determination, who, in such
determination, shall act as expert and not as arbitrator, and whose decision shall be final and binding on
Vespers Safaris Ltd and the client, and accordingly not subject to appeal.
4.3 All payments to be made by a client to Vespers Safaris shall be free of exchange, deduction or set-off
or whatsoever nature. Payments shall be made by the client to Vespers Safaris by way of cash, direct
transfer, forex transfer or by credit card. The client shall provide Vespers Safaris Kenya Ltd forthwith,
upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or
credit card authorization form. The relevant reference number for the booking shall at all times be
reflected on the proof of payment.
4.4 All payments due by a client to Vespers Safaris shall be made no later than 3 working days after
confirmation of a booking by a client.
4.5 Although Vespers Safaris strives to ensure that all rates displayed on sites are correct and accurate,
Vespers Safaris reserves the right to request additional payments from clients, should properties which
have seasonal/ special event rates, charge such rates. Certain properties/ property groups make rate
changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to
Vespers Safaris Ltd , on demand.

5. ITEMS NOT INCLUDED IN BOOKING
   Certain items are not included in the cost of the booking. These costs are the responsibility of the client
   including, but without limiting the generality of the foregoing, the costs of insurances as referred to in
   clause 10 below, insurance cover for cancellation and curtailment, repatriation costs, medical expenses,
   emergency evacuation, gratuities and beverages, optional meals and any optional excursion not
   reflected on the booking reservation.
   Furthermore, all costs with regard to any complying with any special requirements, as outlined in
   paragraph 6.2 below, shall be borne by the client.
6. BOOKING PROCEDURE
   6.1 In order to secure a provisional reservation for the services required by a client, the client shall
   complete in writing and dispatch to Vespers Safaris a provisional booking reservation go ahead.
   Simultaneously, the client shall pay Vespers Safaris a non-refundable deposit of 40% (Forty percent) of
   the quoted cost for the services. In the event of the deposit not being paid aforesaid, the provisional
   booking shall lapse. Upon receipt by Vespers Safaris of the balance of the monies due from the client 60
   days prior to departure, the provisional booking shall be confirmed. In the event of the client wishing to
   amend his reservation in any way, Vespers Safaris may elect, in its sole discretion and without
   obligation, to do so, in which event it shall be entitled to charge an quote difference the booking, which
   shall be payable by the client in accordance with these standard terms and conditions.
   6.2 The client shall advise Vespers Safaris in writing of any special requests, needs or facilities required
   by him due to medical needs, requirements relating to disabilities, special dietary requirements and
   refrigeration for the storage of insulin and other medically prescribed drugs, and any other

requirements incidental thereto. The costs of complying with such special requests, needs or facilities
shall be borne by the client and payable on demand.

7. CANCELLATIONS AND REFUNDS
   7.1 Cancellations of confirmed bookings may only take place according to the procedure outlined in this
   clause. All requests for cancellations shall be made by the client in writing to Vespers Safaris Ltd and
   shall only be effective on the date of actual receipt by Vespers Safaris Ltd.
   The following cancellation fees shall be applicable and shall be calculated by reference to the total
   booking cost (“TBC”) of the services booked for by the client.
   Siyabona entitled to act as agent or principal with regard to the provision of the services. 56 days or
   more notice 75 percent of the TBC shall be refunded
   55 – 49 days notice is given 50 percent of the TBC shall be refunded
   48 – 42 days notice is given 25 percent of the TBC shall be refunded
   41 – 35 days or less notice given no refund of the TBC shall be made
   7.2 No refunds shall however be made to clients who make bookings less than 35 days prior to
   embarkation (for this purpose, embarkation shall mean the date on which a client is booked to
   commence travel or to commence an excursion for which the services are booked whichever is the
   greater), nor shall refunds be given to clients who arrive early, late or who do not show for a booking. In
   the event of a client terminating a booking for whatever reason, no refund shall be made unless with the
   prior written approval of Vespers Safaris Ltd.
   Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to
   cover such contingencies.
   7.3 Any cancellations made, in terms of these standard trading conditions shall be subject to the
   following deductions and administrative charges:
   Refunds to credit cards: the relevant cancellation fee, less a 6 percent credit card surcharge and an
   administrative charge.
   Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by Vespers Safaris
   Kenya Ltd’ bankers, less an administrative charge.
   Forex transfers: the relevant cancellation fee, less actual bank charges debited by Vespers Safaris Ltd’
   bankers, less an administrative charge.
   Cash payments: the relevant administration charges, less actual bank charges debited by Vespers Safaris
   ltd, bankers, less an administrative charge.
8. RIGHT OF RETENTION
   Until such time as Vespers Safaris Kenya has received payment in full for the services as set out in the
   confirmed booking reservation, all documentation, including without limited the generality thereof,
   airline tickets, vouchers for accommodation, excursions, meals and transportation (all of which
   hereinafter referred to as “the documents”) will not be issued or handed over to the client. The
   provisions of this clause shall entitle Vespers Safaris Ltd so as to give it a right of retention or lien in
   respect of the documents.
9. ALTERATIONS TO ITINERARIES
   9.1 Vespers Safaris Ltd has the right at any time, and in its sole discretion, to amend or cancel any of the
   services or the remainder thereof, or to make any alteration in route, accommodation, transportation
   arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable
   due to force majeure , the definition of which including war, strike, civil strife, riot, industrial dispute,
   natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other
   external circumstances beyond Vespers Safaris Ltd control.
   9.2 Any extra costs and expenses occasioned as a result of an alteration to or cancellation of itineraries
   as provided for in clause 9.1 above shall be payable by the client on demand by Vespers Safaris Ltd
   9.3 Vespers Safaris Ltd may further in its sole discretion cancel or terminate a client’s
   booking for the services or any remaining part thereof in the event of any illness or the illegal or
   incompatible behavior of the client, who shall, in those circumstances, not be entitled to any refund.
   Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause 9.3
   shall be payable by the client on demand.
10. INSURANCE
    10.1 The client shall be responsible for arranging and effecting adequate insurance cover to ensure that
    he carries comprehensive travel and medical insurance cover in order to cover himself, his dependents
    and / or travelling companions for the duration of the booking for which he has reserved. This insurance
    cover should include cover in respect of, but not limited to, as a minimum, the following eventualities:
    any expenses associated with cancellation or curtailment of a booking reservation; emergency
    evacuation and medical expenses; personal injury, repatriation expenses; damage / theft / loss of
    personal baggage, money and goods.
    10.2 Under no circumstances shall Vespers Safaris Ltd, its representatives, employees or members be
    responsible for any costs, losses incurred or suffered by a client, his dependents or
    travelling companions with regard to, but not limited to, the above eventualities. Clients will be charged
    direct for any emergency evacuation, repatriation and medical expenses be the relevant service
    providers and shall be obliged to settle such charges payable to the relevant service providers
    concerned.
11. VACCINATIONS & HEALTH
    11.1 It is the client’s responsibility to be aware of malaria, yellow fever and other potential diseases
    when travelling to Africa. The client must take all necessary vaccinations and precautions, as are
    required in the prevention of these diseases, which are endemic to certain regions of Africa. The client
    shall therefore prior to embarking for the services for which he is booked attend at his medical
    practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. Vespers
    Safaris Ltd does not accept any responsibility whatsoever for any client being refused entry to any
    country due to incorrect or incomplete health documentation or vaccinations.
    11.2 Clients should be medically fit, in good health and able to embark upon a trip. If the Client has any
    pre-existing medical condition or illness, they must declare the true nature of such condition at the time
    of booking and make arrangements for the provision of any drugs or other cause of treatment, which
    may be required during their trip. In some cases, the Client will be required to provide a medical
    statement from a medical practitioner to confirm that they are fit to travel. Vespers Safaris Ltd and its

representatives will treat all information in the strictest confidence. Health Warnings: Malaria and
Yellow Fever, Health Issues: ‘Own Medication Responsibilities, Insurances, Emergency Medical
Evacuation Insurance.

12. PASSPORTS, VISAS AND MEDICAL REQUIREMENTS
    The client shall ensure that prior to embarking on the travels his passport and visas, and those of his
    dependents and travelling companions are valid for the countries to be visited. Such responsibility shall
    also extend to vaccinations and other medical certificates, and all other travel documents, including
    traveler’s cheques where applicable.
    Vespers Safaris Ltd does not accept any responsibility for changes in medical requirements or
    regulations for visas or any particular visa requirements. Should the Client be refused entry to any
    country, due to incorrect or incomplete documentation or failure to comply with that country’s medical
    requirements, Vespers Safaris Ltd shall not be liable for any costs of whatsoever nature occasioned
    thereby.
13. DISCLAIMER OF LIABILITY
14. 1 Vespers Safaris Ltd shall not be liable to the client for any claim of whatsoever:- nature in
    connection with the provision of the services ( whether in contract or delict ) and whether for damages
    for personal injury or to property , howsoever arising, including, but without limiting the generality of
    the aforesaid:-
    a. any negligent act or omission or statement by Vespers Safaris Ltd, its servants or agents;
    b. any grossly negligent act or omission or statement by Vespers Safaris Ltd, its servants or agents;
    unless:
    i. such claim arises from the willful misconduct of Vespers Safaris Ltd, its servants or agents;
    ii. Vespers Safaris Ltd receives written notice from the client no later than 7 calendar days from the
    event giving rise to the claim in question and, failing such notice, the client shall have no claim against
    Vespers Safaris Ltd.
    13.2 Notwithstanding anything to the contrary contained in these standard terms and conditions of
    contract, Vespers Safaris Ltd shall under no circumstances whatever, be liable for any
    indirect or consequential loss / es, howsoever caused or suffered by the client.
15. CONSENT TO RISKS ASSUMED
    The Client consents to the risks inherent in wildlife adventure travel and warrants that he is aware of
    such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services
    with full knowledge and appreciation thereof and at his own risk.
16. AIR TRAVEL
    15.1 Air transportation will be economy class unless otherwise stated. The airfare and airport tax, which
    are quoted, are current and are subject to change without prior notice should the airline impose an
    increase in rates for any reason. Should the fare quoted not be available at the time of booking the next
    applicable fare will be booked and amended costs advised accordingly. Please note that fares may

increase between time of booking, time of payment and the ticket being issued. Any increase in air fares
shall be payable on demand by Vespers Safaris Ltd by the client,
15.2 Vespers Safaris Ltd cannot be held responsible should airlines discontinue flights on certain
routings or change scheduled timetables resulting in missed connections. Should an amendment in
routing or itinerary be necessary, any additional costs incurred will be borne by the client and shall be
payable to Vespers Safaris Ltd on demand.
15.3 Due to recent international events, many airlines / airports have extended the check in times of
both domestic and international flights. Vespers Safaris Ltd cannot be held responsible for any delays or
circumstances that may result in a client missing their flight or subsequent transfers.
Throughout the entire booking process, it is the responsibility of the client to ensure that enough time
has been calculated in order not to miss connecting flights and transfers.

16. CHILD POLICY
    16.1 A child of 12 years and older will automatically be regarded as an adult and charged the full adult
    rate for all services provided unless otherwise agreed in writing by Vespers Safaris Ltd.
    16.2 Certain suppliers offer a discounted rate to children under 12 years old, however rates will be
    advised according to the itinerary requested at the time of booking.
    16.3 Certain accommodation establishments refuse permission to children under the age of 12 years,
    such as certain private game lodges. Acceptance of children is therefore subject to the availability of
    family units and specific conditions implemented by the supplier.
    16.4 Suppliers, which allow children under 12, may have restrictions regarding activities, in which
    children may partake. This is at the discretion of the supplier and needs to be confirmed with Vespers S
    afaris Ltd at the time of booking. Vespers Safaris Ltd cannot be held liable for any changes to the
    suppliers’ child policy.
17. DEFAULT BY CLIENT AND RECOVERY OF ATTORNEY AND OWN CLIENT COSTS
    17.1 Overdue amounts due by the client to Vespers Safaris Ltd shall bear interest at the
    prime rate of interest charged from time to time by Kenya Commercial Bank Ltd to its corporate clients.
    17.2 A certificate by any duly authorized employee of Vespers Safaris Kenya or by any of its members
    shall be prima facie proof as to the outstanding amount due and payable by the client to it in terms
    hereof.
18. PHOTOGRAPHIC MATERIAL
    Vespers Safaris Kenya Ltd shall be entitled to take photographs, films and videos (including in
    electronic format) of the client during his excursions, as well as at any time during the client’s sojourns
    in Africa for the duration of the services provided in terms hereof. Vespers Safaris Ltd, at its sole
    discretion, may use such photographic, film and video material so taken, for the purpose of any
    advertising or brochure productions, which the client irrevocably gives his consent thereto, and without
    any consideration being payable to the client.
19. APPLICABLE LAW
    These standard terms and conditions and all agreements entered into between Vespers Safaris Ltd and

the client pursuant thereto, and on the terms thereof shall be governed by and
construed according to the laws of the Republic of Kenya, irrespective of the place where the agreement
/ s were entered into.

21. VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
    No variation or alteration of these standard terms and conditions of contract shall be binding on Vespers
    Safaris Ltd unless embodied in a written document signed by a member of Vespers Safaris Ltd. Any
    purported variation or alteration of these standard terms and conditions of contract otherwise than as
    set out above shall be of no force or effect, whether such purported variation is written or oral, or a
    combination of both.