Introduction
These Terms and Conditions (“Terms”) govern the provision of all tours, safaris, transport services, accommodation bookings, ticketing services, travel arrangements, and any other products or services (“Services”) offered by Acacia Elites Tours and Travel Ltd (“the Company”, “we”, “our”, or “us”).
By making a booking, paying a deposit or the full booking amount, requesting the Company to arrange any travel service or accepting a booking confirmation issued by the Company, the person making the booking (“the Client”, “you”, or “your”) confirms that they have read, understood, and agree to be bound by these Terms and Conditions on their own behalf and on behalf of every person included in the booking.
The person making the booking warrants that they are at least eighteen (18) years of age and have the legal authority to enter into this Agreement on behalf of all travelers named in the booking.
Definitions
For the purposes of these Terms and Conditions:
“Company” means Acacia Elites Tours and Travel Ltd.
“Client” means the person making the booking and every person travelling under that booking.
“Supplier” means any independent third party engaged in providing travel-related services, including but not limited to airlines, hotels, lodges, transport providers, guides, park authorities, activity operators and other service providers.
“Services” means any tour, safari, accommodation, transport, ticketing, transfer, travel package or related service arranged by the Company.
“Booking Confirmation” means the written confirmation issued by the Company confirming acceptance of a booking.
1. BOOKINGS & CONFIRMATION
1.1 A booking shall only be deemed confirmed when:
- the applicable booking deposit or full payment has been received by the Company;
- the Company has accepted the booking; and
- a written Booking Confirmation has been issued to the Client.
Until a Booking Confirmation has been issued, quotations, itineraries and proposed travel arrangements shall not constitute a confirmed booking.
1.2 Unless otherwise stated in writing, quotations remain valid for seven (7) calendar days from the date of issue and are subject to availability at the time the booking is confirmed. The Company reserves the right to revise quotations where supplier rates, government taxes, exchange rates, fuel surcharges, park fees or other operational costs change before confirmation.
1.3 The Client is responsible for carefully reviewing the Booking Confirmation, travel itinerary, passenger names, travel dates, passport details (where applicable), accommodation and all other booking information immediately upon receipt.
Any discrepancies or errors must be reported to the Company without undue delay. The Company shall not be responsible for losses arising from information supplied incorrectly by the Client or from errors not promptly reported after the Booking Confirmation has been issued.
1.4 Special requests, including dietary requirements, accessibility needs, medical conditions, room preferences, adjoining rooms or similar requests, shall be communicated at the time of booking. While the Company will use reasonable efforts to communicate such requests to the relevant Supplier, they cannot be guaranteed unless expressly confirmed in writing.
2. PAYMENT TERMS
2.1 A non-refundable booking deposit of 30%–50% of the total booking value shall be payable to secure a reservation. The applicable deposit amount shall be communicated in the quotation or invoice and may vary depending on the destination, travel dates, Supplier requirements, or the nature of the Services being booked.
2.2 Unless otherwise agreed in writing, the outstanding balance shall be paid no later than fourteen (14) days before the scheduled commencement of travel.
2.3 Bookings made within fourteen (14) days of departure shall require full payment at the time of booking.
2.4 Accepted payment methods include bank transfer, M-Pesa, debit or credit card (where available) or any other payment method approved by the Company.
Any bank charges, foreign exchange costs, payment gateway fees or similar transaction charges imposed by financial institutions shall be borne by the Client unless otherwise agreed in writing.
2.5 All prices are quoted in the currency specified in the quotation and are subject to change until the booking has been confirmed through payment of the required deposit and issuance of a Booking Confirmation.
Once confirmed, prices shall remain fixed except where increases arise from circumstances beyond the Company’s reasonable control, including but not limited to:
- Government taxes or levies;
- National park or conservation fees;
- Fuel surcharges;
- Airline fare adjustments;
- Exchange rate fluctuations;
- Supplier-imposed charges; or
- Other statutory or regulatory charges.
Where such increases occur after booking confirmation, the Company shall notify the Client as soon as reasonably practicable and provide details of the revised charges.
2.6 The Company reserves the right to suspend, cancel or decline to provide Services where payment is not received by the agreed due date. Any resulting cancellation shall be treated in accordance with these Terms and the applicable cancellation policy.
3. CANCELLATION & REFUND POLICY
3.1 All requests for cancellation must be submitted in writing by email or WhatsApp to the Company. A cancellation shall only become effective upon written acknowledgement by the Company.
3.2 Cancellation charges are calculated from the scheduled commencement date of travel and are intended to compensate the Company for administrative costs and contractual commitments made to Suppliers on the Client’s behalf.
Unless otherwise agreed in writing or where different Supplier terms apply, the following cancellation charges shall apply:
| No | Notice Given Before Departure | Cancellation Charge |
| 1 | More than 30 days | Loss of booking deposit only |
| 2 | 15–30 days | 50% of the total booking value |
| 3 | 72 hours to 14 days | 75% of the total booking value |
| 4 | Less than 72 hours or failure to travel (No show) | 100% of the total booking value (No Refund) |
Where third-party Suppliers have imposed cancellation charges exceeding the Company’s standard cancellation fees, the Client shall remain responsible for such additional charges where they have already been irrevocably incurred on the Client’s behalf.
3.3 Refunds: Approved refunds, where applicable, shall normally be processed within seven (7) to fourteen (14) business days following approval of the cancellation request and receipt of any corresponding refunds from the relevant Suppliers where applicable.
Refunds shall be made using the original payment method wherever reasonably practicable unless otherwise agreed in writing.
Any bank charges, payment processing fees, foreign exchange losses, or similar transaction costs incurred in processing refunds may be deducted from the refundable amount where permitted by law.
3.4 Unused Services: No refund shall be payable for any unused accommodation, transport, meals, park entry fees, activities, excursions or other services after the commencement of travel, including where the Client:
- voluntarily leaves the tour before completion;
- fails to utilize booked services;
- misses scheduled departures or activities;
- is denied boarding due to incomplete travel documentation; or
- is removed from the tour in accordance with these Terms and Conditions.
3.5 Travel Insurance: The Company strongly recommends that every Client obtains comprehensive travel insurance before the commencement of travel.
Such insurance should, at a minimum, provide cover for:
- trip cancellation or curtailment;
- medical expenses;
- emergency medical evacuation;
- personal accident;
- loss or delay of baggage;
- personal liability; and
- other risks appropriate to the destination.
The Company does not provide travel insurance but may recommend independent insurance providers upon request.
4. CHANGES TO BOOKINGS
4.1 Client-Initiated Changes: Requests to amend confirmed bookings, including travel dates, destinations, accommodation, passenger details, transport arrangements or itineraries, shall be subject to availability and may attract additional charges imposed by the Company or relevant Suppliers.
The Company will use reasonable efforts to accommodate requested changes but cannot guarantee their availability.
4.2 Operational Changes: The Company reserves the right to make reasonable changes to itineraries, accommodation, transport, routes, departure times or activities where necessary due to operational requirements or circumstances beyond its reasonable control, including but not limited to:
- adverse weather conditions;
- road closures;
- park or conservation area closures;
- airline schedule changes;
- supplier availability;
- mechanical breakdowns;
- government directives;
- security concerns; or
- any other unforeseen operational circumstances.
Where reasonably practicable, the Company shall endeavor to provide accommodation, transport or other Services of a reasonably comparable standard and value and shall notify the Client as soon as reasonably possible of any material changes.
5. COMPANY’S RIGHT TO CANCEL OR MODIFY SERVICES
5.1 The Company reserves the right to cancel, postpone, or modify any booking where reasonably necessary due to:
- Force Majeure Events;
- safety or security concerns;
- insufficient participant numbers;
- government restrictions;
- public health emergencies;
- supplier failure;
- or any other circumstance beyond the Company’s reasonable control.
5.2 Where the Company cancels a booking before commencement of travel for reasons other than the Client’s default, the Client shall be offered one of the following options:
- an alternative travel date;
- a comparable travel package of similar value; or
- a refund of monies paid for services not provided.
Except where required by applicable law, the Company’s liability shall be limited to the amount actually paid by the Client for the affected Services.
The Company shall not be liable for indirect losses or additional expenses incurred by the Client, including but not limited to visa costs, airline penalties, accommodation booked independently, loss of earnings, consequential losses, or other incidental expenses.
6. CLIENT RESPONSIBILITIES
6.1 Travel Documentation: Clients are solely responsible for ensuring that they possess valid passports, visas, permits, vaccination certificates, travel authorizations and any other documentation required by the destination country.
The Company accepts no responsibility for losses arising from denied boarding, refusal of entry, deportation or delays resulting from incomplete, expired, inaccurate or invalid travel documentation.
6.2 Medical Conditions: Clients shall disclose any medical conditions, allergies, disabilities, reduced mobility, pregnancy, dietary requirements or other circumstances that may reasonably affect their participation in travel arrangements.
The Company reserves the right to decline participation in activities where a qualified operator determines that participation may present an unacceptable safety risk.
6.3 Compliance with Instructions: Clients shall comply with all lawful and reasonable instructions issued by guides, drivers, accommodation providers, activity operators, park authorities and Company representatives.
6.4 Conduct: The Company reserves the right to refuse carriage, terminate participation or remove any Client whose conduct:
- endangers themselves or others;
- threatens wildlife or the environment;
- causes damage to property;
- breaches applicable laws; or
- unreasonably interferes with the enjoyment of other travelers.
No refund shall be payable where removal results from the Client’s misconduct.
7. LIABILITY, ASSUMPTION OF RISK & LIMITATION OF LIABILITY
7.1 Third-Party Suppliers: The Company acts primarily as an intermediary in arranging services provided by independent Suppliers, including airlines, accommodation providers, transport operators, guides, activity providers, and park authorities.
While the Company exercises reasonable care in selecting reputable Suppliers, it shall not be liable for any act, omission, delay, cancellation, overbooking, insolvency, service failure or negligence of any independent Supplier except where directly caused by the Company’s own proven negligence or wilful misconduct.
7.2 Adventure Activities: Certain activities- including but not limited to white-water rafting, zip-lining, mountain trekking, cycling, rock climbing, hot-air ballooning, boating, and game drives- carry inherent risks that cannot be completely eliminated.
By participating in such activities, the Client confirms that they:
- participate voluntarily and understand the inherent risks involved;
- are medically fit to participate or have disclosed any relevant medical condition;
- will comply with all safety instructions issued by the activity operator;
- understand that participation may be refused by the operator where safety concerns exist; and
- acknowledge that additional waivers required by independent activity operators shall form part of these Terms.
To the fullest extent permitted by law, the Company shall not be liable for injury, illness, death, loss, or damage arising from participation in adventure activities except where caused by the Company’s proven negligence or wilful misconduct.
7.3 Wildlife and Natural Environments: Safaris and nature-based experiences take place within uncontrolled natural environments. Wildlife sightings, animal behavior, weather conditions, migration patterns and other natural events are inherently unpredictable and cannot be guaranteed.
Although the Company and its representatives exercise reasonable care to promote safe travel, Clients acknowledge and accept the inherent risks associated with wildlife tourism.
7.4 Limitation of Liability: To the fullest extent permitted by applicable law, the Company’s total aggregate liability arising from any booking or Services shall not exceed the total amount actually paid by the Client for the specific Services giving rise to the claim.
The Company shall not be liable for indirect, consequential, incidental, special, or economic losses, including loss of profits, loss of enjoyment, missed connections, business interruption or additional expenses arising from circumstances beyond the Company’s reasonable control.
7.5 Non-Excludable Liability: Nothing contained in these Terms and Conditions shall exclude or limit any liability which cannot lawfully be excluded or limited under the laws of the Republic of Kenya, including liability arising from the Company’s proven negligence where such exclusion would be unlawful.
8. TRAVEL INSURANCE
8.1: The Company strongly recommends that all Clients obtain comprehensive travel insurance before the commencement of travel.
Such insurance should provide adequate cover for, among other things:
- Trip cancellation or curtailment;
- Medical treatment and hospitalization;
- Emergency medical evacuation and repatriation;
- Personal accident;
- Loss, theft or delay of baggage and personal effects;
- Personal liability; and
- Any other risks appropriate to the destination and planned activities.
The Company does not provide travel insurance but may recommend independent insurance providers upon request. The choice of insurer and insurance product remains the sole responsibility of the Client.
Failure to obtain adequate travel insurance shall not increase or extend the Company’s liability under these Terms and Conditions.
9. PHOTOGRAPHY, VIDEOGRAPHY & MARKETING
9.1: During tours or travel experiences, photographs or video recordings may occasionally be taken by the Company or its authorized representatives for promotional, educational or marketing purposes.
Where a Client is individually identifiable in such material, the Company will seek the Client’s consent before using the images for marketing purposes, unless otherwise permitted under applicable law.
Clients who do not wish to appear in promotional photographs or videos are requested to notify the Company in writing before the commencement of travel or inform their guide at the earliest reasonable opportunity.
The Company will process any personal information collected through photographs or videos in accordance with its Privacy Policy and the applicable provisions of the Data Protection Act, 2019 of Kenya.
10. COMPLAINTS
10.1: The Company is committed to delivering high standards of customer service.
Should any issue arise during the course of travel, the Client should notify the guide, driver, tour leader, accommodation provider or the Company’s representative as soon as reasonably practicable so that every reasonable effort may be made to resolve the matter during the trip.
10.2: Where a matter cannot be resolved during travel, the Client shall submit a written complaint, together with any supporting documents or photographs where available, within fourteen (14) days after completion of the affected Services.
Complaints should be submitted to:
Email: info@acaciaelitestoursandtravel.com
The Company will acknowledge receipt of the complaint and endeavour to investigate and respond within a reasonable period.
Failure to report concerns promptly may affect the Company’s ability to investigate the matter and may be taken into account when assessing any claim.
11. GOVERNING LAW & DISPUTE RESOLUTION
11.1: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.
11.2: The parties shall first endeavor to resolve any dispute arising from these Terms through good-faith negotiations.
Where a dispute cannot be resolved through negotiation, the parties may, by mutual agreement, refer the dispute to mediation before commencing legal proceedings.
Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction where necessary.
11.3: Subject to applicable law and any agreed alternative dispute resolution process, the courts of the Republic of Kenya shall have exclusive jurisdiction over any dispute arising from these Terms and Conditions.
12. DATA PROTECTION
12.1: The Company collects, processes, stores, and uses personal information solely for the purposes of arranging and providing travel-related Services, complying with legal obligations, communicating with Clients and improving customer service.
12.2: Personal information may be shared only where reasonably necessary with airlines, accommodation providers, transport operators, government authorities, insurers, payment service providers or other Suppliers involved in providing the booked Services.
12.3: The Company processes personal data in accordance with the Data Protection Act, 2019 of Kenya and its Privacy Policy.
13. INDEMNITY
13.1: The Client agrees to indemnify and hold harmless Acacia Elites Tours and Travel Ltd, its directors, employees, agents, and representatives against any claims, losses, liabilities, damages, costs, or expenses arising from:
- the Client’s breach of these Terms and Conditions;
- the Client’s negligent, unlawful, or reckless conduct;
- damage caused by the Client to property or third parties;
- the Client’s failure to comply with applicable laws or lawful instructions issued during travel.
This indemnity shall not apply where the loss results directly from the proven negligence or wilful misconduct of the Company.
14. ENTIRE AGREEMENT
14.1: These Terms and Conditions, together with the confirmed itinerary, quotation, booking confirmation, invoices and any written amendments expressly agreed by the Company, constitute the entire agreement between the Company and the Client and supersede all prior discussions, representations, or understandings relating to the Services.
15. SEVERABILITY
15.1: If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. NO WAIVER
16.1: Failure or delay by the Company to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of that right or any other right.
17. AMENDMENTS
17.1: The Company reserves the right to amend these Terms and Conditions from time to time. Any amendments shall apply only to bookings made after the revised Terms have been published or otherwise communicated to Clients, unless otherwise required by law.
18. ACKNOWLEDGEMENT & ACCEPTANCE
18.1: By making a booking, paying a deposit or the full booking amount, accepting a quotation, confirming travel arrangements by email, WhatsApp, telephone, the Company’s website or any other electronic or written means, the Client acknowledges that they have read, understood, and accepted these Terms and Conditions.
18.2: The person making the booking confirms that they have the legal authority to accept these Terms and Conditions on behalf of every traveler included in the booking and agrees to ensure that all such travelers comply with these Terms throughout the duration of the booked Services.
19. “Force Majeure Event” means any event or circumstance beyond the reasonable control of the Company which prevents, delays or materially affects the performance of the Services, including but not limited to acts of God, floods, earthquakes, drought, fire, epidemics, pandemics, war, terrorism, civil unrest, riots, strikes, labour disputes, government actions, travel restrictions, border closures, adverse weather conditions, natural disasters, failure of public utilities, transport disruptions or any other unforeseen event beyond the Company’s reasonable control.