BUSINESS AND BOOKING TERMS AND CONDITIONS
The following Terms and Conditions constitute the business and travel agreements between Hallmark Travel Planners / African Travel Hub and every person whose name is listed on the Customer Booking Form or email communications or both. The Contract is governed by Kenyan Law and the parties agree to submit to the jurisdiction of the Kenyan Courts.
a) No contract for the provision of holiday services shall be concluded until Hallmark Travel Planners has confirmed to the guests the receipt of a deposit of 25% of the total holiday cost or 40% in cases where flights are part of the holiday package, or an amount as advised by Hallmark Travel Planners, as the case may demand.
b)The balance of the total holiday costs shall reach our offices no later than 8 weeks before the departure date of your holiday. The liability of all guests for payment of the balance shall be joint and liable.
c)If final payment is not received 8 weeks before departure then Hallmark Travel Planners reserves the right to cancel your holiday and impose the cancellation charges as below.
d) Where bookings are made less than 8 weeks before the departure date, the full price of the holiday shall be paid instead of the deposit referred above.
e) The price of your travel arrangements is subject to the possibility of surcharges on the following items to allow for increases in: transportation costs e.g fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and Hallmark Travel Planners ,
Government action such as increases in VAT or any other Government imposed increases, the cost to us of any part of the holiday as a result of currency fluctuation. If this means paying more than 10% on the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except any amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the invoice.
a) Hallmark Travel Planners does accept responsibility for acts and or omissions of our employees, agents or suppliers. In addition, Hallmark Travel Planners accepts responsibility should the services we are contractually obliged to provide prove deficient or are not of a reasonable standard. Where the services in question consist of carriage by air or by sea our liability is limited to the extent of international conventions.
We shall not be responsible or accept liability for death, injury or illness or damage to property suffered or caused to any guest while on a holiday booked with us except as a result of the negligence of our employees, agents, suppliers or sub-contractors acting in the course of or in the scope of their employment (other than air or sea carriers performing any internal, domestic or international carriage of whatsoever kind).
b) Transport on aircraft, coach or ship is subject to the conditions of carriage of that company some of which limit or exclude liability.
c) Should in the unlikely event there be cause for complaint clients are requested to raise it with Hallmark Travel Planners or the agent, employee or supplier concerned at the time. On completion of your holiday if there are any unresolved issues then you are requested to raise them in writing to us within 28 days of returning from your holiday.
d) If a client is prevented from taking the holiday, the client shall have the right to transfer his or her booking to a suitable person, provided that notice of such transfer is given to Hallmark Travel Planners in writing at least 21 days before departure.
e) If the client transfers the holiday pursuant to 14 above the client and the transferee shall be joint and several liable for the holiday price(or the unpaid balance of the holiday price as the case may be) and also for any additional costs incurred by Hallmark Travel Planners as a result of the transfer. The additional costs shall include (without limitation) reasonable administrative costs for arranging the transfer and any cancellation charges which may be imposed by the suppliers to Hallmark Travel Planners.
(3) Change of Rates and Prices
Hotels, Lodges, Airlines and all other service providers reserve the right to change their rates and tariffs, with or without notice. Hallmark Travel Planners therefore cannot guarantee that all the published rates and tariffs will be valid at the time of published.
No variation of this agreement shall be of any force or effect unless it is reduced to writing and is signed by both parties.
These Terms and Conditions contain all the terms and conditions of the agreement between the parties. The parties acknowledge that there are no understandings, representations or terms between them, save for those as set out herein.
If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without effecting the remainder of the agreement hereof. No extension, latitude or any other indulgence which may be given or allowed by any party in respect of performance of any obligation hereunder, and no delay in the enforcement of any right of any party arising from this agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or novation of, or otherwise affect any parties rights in terms of this agreement.
This Agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed with the accordance of the laws of the Republic of Kenya.
The client consents to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrate’s Court. The client agrees, however, that the Company in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction and further agrees that each party shall borne their own associated legal cost.
The client shall not be entitled to cede any of its rights or assign any of its obligations under this Agreement.
If Hallmark Travel Planners institutes any legal proceedings against the client to enforce any of its rights under this agreement, it shall be entitled to recover from the Client all legal costs that it incurs to its own attorneys on an attorney/own client basis, including but not limited to collection commission and tracing agent charges.
(5)Terms Definitions and Interpretation
In this agreement the following words will have the meanings assigned to them, unless the context clearly indicates otherwise:-
a) “the Agreement” means the Customer Booking Form, email communication details and the Terms and Conditions issued by Hallmark Travel Planners to the Client which has the effect of a legally binding agreement between the parties;
b) “Customer confirmation” means the form or travel itinerary sent to the Client with the final itinerary or holiday as agreed with Hallmark Travel Planners which the Client wishes to purchase;
c) “the Customer Booking Form” means the acceptance form completed by the Client and submitted to Hallmark Travel Planners as approval of the Customer Confirmation;
d) “Email communication” means the details and information exchanged between Hallmark Travel Planners/African Travel Hub in regard to the travel services through official email address(es) of Hallmark Travel Planners/African Travel Hub.
e) “Client” means all of the persons, natural or juristic, jointly and severably whose names appear on the Customer Booking Form. The Client signing on behalf of any members of his/her party accepts these Terms and Conditions on behalf of every member of his/her party as if they had specifically signed same to acknowledge their agreement therewith;
f) “Company” means Hallmark Travel Planners, a private company, registration number: BN/2009/34210 duly registered in terms of the laws of the Republic of Kenya, carrying on business at 3rd Floor Windsor House, Suite 301, Muindi Mbingu Street, Nairobi Kenya.
g) “deposit” means the monies payable by the Client to the Company to secure the Client’s booking;
h) “Hallmark Travel Planners” means the Company;
i) “parties” means both the Company and the Client;
j) “Africa Safari Expert” means a travel agent employed by the Company;
k) “supplier” means a third party who supplies the Company with services;
l) “in Writing” means a letter sent by hand, by post, by courier, by fax or via electronic mail;
m) “Specials” means travel service/s and/or product/s offered at a reduced rate and subject to limited
availability. Terms and Conditions are reservation specific rather than Hallmark Travel Planners generic;
n) Expressions in the singular also denote the plural, and vice versa; and
o) Pronouns of any gender include the corresponding pronouns of the other gender.
(6) Passports and Visas
It is the Client’s sole responsibility to ensure that his/her passport, necessary permits and travel documents are valid and that they have obtained all the necessary permits and/or visas required by the countries which they intend to enter, prior to their departure.
The Company cannot be held liable for any visa or travel documentation not held by the Client, nor will they be held liable should a passenger be refused entry into any country for any reason.
All client passports must have sufficient blank visa pages (minimum 2 recommended) available in their passports in accordance with the regulations of various African countries.
All Client passports must be valid for a minimum of 6 months after travel.
Hallmark Travel Planners cannot be held liable for any advice and/or opinion in respect of a visa or passport issue that is dispensed by their Africa Safari Expert or displayed on the Company’s website relating to passports, permits and/or visas. The final responsibility to ensure that passport and visa requirements is correct and adhered to lays with the client.
(7) Immunization, Innoculation and Medication
It is the client’s sole responsibility to ensure that they have had all necessary inoculations, immunizations and medications required prior to departure. Hallmark Travel Planners cannot be held liable for the Client’s failure to ensure the aforementioned has been attended to.
Hallmark Travel Planners cannot be held liable for any advice dispensed by their Africa Safari Experts or displayed on the company’s website relating to inoculations, immunizations and medication required for travel to the various African countries. The final responsibility to ensure that medical requirements are correct and adhered to lies with the client.
It is the Client’s obligation to ensure that he/she is medically fit to participate in travel.
(8) Travel Insurance
Hallmark Travel Planners/African Travel Hub will purchase a medical evacuation insurance for clients who request the service. This applies to clients within Kenya and Tanzania.
It is the client’s responsibility to ensure they purchase adequate travel and medical insurance. The client cannot hold Hallmark Travel Planners liable for any advice and/or inadequate and/or the non-purchase of travel insurance.
(9) Addresses for Legal Notices and Legal Process
Each party chooses as its domicilium citandi et executandi (“domicilium”) for all purposes under this Agreement, whether for serving any court process or documents, giving any notice, or making any other communications of whatsoever nature and for any other purpose arising from this agreement (“notice”), as follows:
Hallmark Travel Planners: 3rd Floor, Windsor House, Muindi Mbingu Street, Nairobi, Kenya
The Client: the address as provided by the Client on the Customer Booking Form / Email communication.
Either of the parties may change its domicilium to another address, by way of a notice to the other party to this Agreement, provided that such a notice is received by the addressee at least 7 days prior to such a change taking effect.