Terms & Conditions

1. GENERAL

Please read carefully

The purchase of any travel services offered by Tembea Africa Tours & Travel (“the Company,” “We” or “Us”) through either electronic mail or otherwise constitutes a contractual arrangement between the customer (“You”) and the company and shall be deemed to be confirmation that the Terms have been read and the guest agrees to be bound by the terms.

We at the company purchase our accommodations, transport services and other services from various independent suppliers that are not subject to Tembea Africa Tours and Travel control. All such persons and entities are independent contractors. However, we ensure that the suppliers we contract have the licenses required under the laws of the land, and possess the required Health & Safety Certificates.

2. TOUR CONTRACT

2.1 Travel Confirmation

2.1.1. Once you start off a booking with Tembea Africa Tours & Travel, the company will provide to you a travel confirmation Itinerary from the Company’s tour consultant. This Travel Confirmation Itinerary will include (i) Accommodation, (ii) Room type (s) and specification, (iii) Meal plan, (iv) Transfers and any other transport specified.

2.1.2. Itineraries relating to a Tour/Tour programme may be subject to change at any time (even after issue) due to unforeseen circumstances or circumstances beyond Tembea Africa Tours & Travel control. This includes transport, accommodation and activities. Every effort will be made to operate itineraries as planned. 

2.1.3. Tembea Africa Tours & Travel reserves the right to make alterations to and/or withdraw a programme or any part of it as is deemed necessary or desirable, and to pass on to the Guest any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, The Company reserves the right to make adjustments to the itinerary of the Tour costs as necessary.

2.1.4.Any specific requests such as adjacent/connecting rooms, bedding requests, smoking rooms and special dietary should be advised at time of booking. Kindly note that every effort will be made to secure a special request, however, it cannot be guaranteed.

2.1.5. Provision for the handling of baggage by Tembea Africa will be as per the quotation. Weight restrictions for baggage on some routes on internal/domestic flights may apply, details of which will be provided with documentation.

2.1.6. Safekeeping of baggage and personal effects shall at all-time remain at the Guest’s risk. Tembea Africa will assume no liability for lost or damaged baggage.

2.1.7. It will be the Guest’s responsibility to verify with the relevant international carrier the extent of baggage restrictions which may apply.

2.1.8. It is imperative that you ensure that all of your party has adequate and appropriate insurance. You are free to choose your own policy but you must satisfy yourself that the policy is adequate for your needs, in particular for any activities you are contemplating during your holiday.

2.1.9. The company cannot accept any responsibility in respect of any delay in flights and/or any inaccuracies of flight schedules which may occur by virtue of the fact that Tembea Africa sub-contracts all flying services to independent operators

2.2 Exclusions

2.2.1. Gratuities are not included in the holiday price; these are at the guest’s discretion. We advise that amounts should be based on the level of satisfaction with the service received.

2.2.2. Unless expressly included, all and any cost (without limitation) of obtaining passports, visas, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the tour pricing.

3. Payment

3.1 Tour Price

3.1.1. Quoted programme prices shall include Tembea Africa’s fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchanges and tariffs and VAT at the relevant rate where applicable. The Company is under no obligation to give a breakdown in costs involved in any programme.

3.1.2. You shall make payments in accordance with the following schedule by wire transfer to our bank account or through any other method of payment otherwise indicated in the Tour Contract:

(i) Upon Your confirmation of the booking, 50% of the total cost of services is required at the time of booking to confirm all the rooms and services

(ii) Last and final payment of 50% of the total cost of services will be payable (45) days prior to service commencement date.

(iii) If the booking is accepted within forty five (45) days of the proposed date of departure, clauses 3.1.2(i) and 3.1.2(ii) above shall not apply and the entire amount, i.e., hundred percent (100%) of the invoiced price of the tour is due upon confirmation of the booking.

4. Amendment and Cancellation Policy

4.1 Amendment

4.1.1. If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example, your chosen arrival/departure date or an increase or reduction in number of rooms or services required, we will do our utmost to make these changes but it may not always be possible.

4.1.2. Any request for changes MUST be in writing from the person who made the booking or your travel agent. You will be asked to pay an amendment fee/or costs we incur in making this alteration. You should be aware that these costs will increase the closer to the departure date that changes are made and may include the cost of replacement air tickets; you should therefore contact us as soon as possible. We may not be able to make alterations to your holiday arrangements within 21 days of departure without you incurring cancellation charges.

4.2. If You Cancel a Booking

4.2.1. In the event you, or any member of your party, wishes to cancel your travel arrangements at any time. WRITTEN notification from the person who made the booking or your travel agent must be received at our offices. The following scale of cancellation will be payable depending on when the notification of cancellation is received:

                                       90-60 days prior 20% of the holiday cost

                                       59-30 days prior 50% of the holiday cost

                                       29 days or less 100% of the holiday cost

4.2.2. Additional hotel nights and other extra services booked in connection with Tembea Africa programmes are subject to the following:

Cancellations received 31 or more days prior to the service will be refunded in full;

Cancellations received 30-15 days in advance will be charged 50% of the cost;

Cancellations received less than 15 days in advance will be charged 100% of the cost

4.2.3. If some, but not all, party members cancel, additional charges may be payable by the remaining members (e.g. under occupancy charges).

4.3 If We Cancel or Change a Booking

4.3.1. It is very unlikely that we will have to make any changes to your travel arrangements. However, we do plan the arrangements many months in advance and occasionally, therefore, it may be necessary to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them if practicable and time permitting.

4.3.2. Please note that carriers, timings and routings given in the brochure are for guidance only and may be subject to change. Such changes are deemed to be minor changes. Other examples of minor changes include changes to domestic aircraft type or change of accommodation to another of the same standard.

4.4 Cancellation or Changes due to Circumstances beyond Tembea Africa

4.4.1. In the event that a Force Majeure Event causes the Company to be unable to provide the services to be performed by it under the Tour Contract, either you or the Company may choose to terminate the Tour Contract upon 14 days written notice to the other party. On termination of the Tour Contract as specified in this clause, the Company will, where possible, make a commercially reasonable effort to refund the amount paid by you, less the amount already spent on your behalf by the Company during the tour and any other non-refundable fees and charges.

4.4.2. The Company will not be obligated to and does not guarantee that you will receive a refund. You will be liable to pay costs for the services and products utilized until the date of such termination. In the event of termination due to a Force Majeure Event, the Company shall not be liable to pay any compensation, interest or damages to you.

4.4.3. The Company will take reasonable measures to bring you back to your point origin if the Tour Contract includes a return journey. However, any additional costs for the return journey will be borne solely by you.

4.4.4. Additional charges, if any, due to such changes may be charged to you. In the event of a Force Majeure Event, where you choose to continue with the tour, you shall not be entitled to any refunds from the Company for limitation and/or non-availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in your tour itinerary.

5. Our Liability to You

We are responsible for ensuring that your package holiday is of a reasonable standard and as described to you. If any part fails to reach this standard and affects the enjoyment of your holiday, we will offer reasonable compensation providing it is not due to events outside our control.

6. Liability for Third Party Acts

Tembea Africa takes no responsibility for, and the Company is not liable for, any loss of life, limb, property, money sickness, delay, discomfort or hardship sustained by You or any of Your co-traveler on account of any act or omission of any third party, including third party service providers hired or booked by us to provide services for the tour

7. Obligation to Cooperate

You must at all times cooperate with the personnel of third party service providers (e.g. airlines, hotels, tour leaders etc.). Please note that your holiday arrangements will be terminated by The Company or the suppliers concerned if you are behaving in such a way as to cause, or be likely to cause, danger or distress to others or damage to property. In this situation, The Company will not be liable to make any refund, pay any compensation, or meet any costs or expenses you incur as a result of your behavior. Please note that you are at all times subject to the laws of the country you are visiting and must respect local cultures and customs.

8. Passport and Visa

8.1 Passport and Visa Requirements

8.1.1. It is your responsibility to ensure that you hold a passport which is valid for at least six months beyond their entry date.

8.1.2. The cost of acquiring visas is not included in the Tour Price stated in any proposals or trip itineraries sent to you by the Company.

9. Entire Agreement

By booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process your booking, for market research and analysis, to prevent fraud and to enable us to contact you by letter, telephone or email.

10. Governing Law & Jurisdiction

The terms and conditions of this agreement shall be governed by, and shall be construed in accordance with the Laws of the Applicable Jurisdiction.

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Office Address: Tetu Apartments  Milimani Lane, Off Statehouse Avenue, P.O Box 72019, 00200 Nairobi, Kenya
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