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GAMETRACKERS (K) LTD.
TERMS & CONDITIONS.
Welcome to the Gametrackers Safaris website (the “Website”). This Website is provided to assist customers in creating tailor-made journeys, carefully crafted to deliver a personalized adventure like no other. The terms “we”, “us”, “our”, and “Gametrackers (K) Ltd” refer to Gametrackers (K) Ltd., a limited liability company duly registered in the Republic of Kenya. The term “you”, “customer” or “client” refers to the customer visiting our offices, using the Website, and booking a reservation through our sales representatives.
PRICES.
Prices are based on costs prevailing at the time of publication and are subject to change without notice. Prices do not include airport taxes, visas, or personal expenses such as beverages, laundry portage, and tips.
RESERVATIONS AND PAYMENT.
Payment for the total price is made in advance. A deposit of fifty percent (50%) is required at the time of booking. The balance on payment amounting to fifty (50%) is to be paid no later than forty-two (42) days prior to arrival at our offices.
We accept payment via credit card, wire transfer, money order, or MPesa.
Exact payment details shall be found on https://www.gametrackersafaris.com
CANCELLATION
Any cancellation of confirmed reservations by the client must be made in writing. All cancellations of confirmed reservations are subject to the following charges calculated based on the time of cancellation relative to the arrival time:
INSURANCE
Clients shall be required to take out personal insurance to cover death, injury, medical expenses, damage to or loss of baggage, and consequential loss arising from any eventuality.
We also recommend the client purchase trip cancellation insurance, which is available for coverage of expenses in conjunction with cancellation due to illness or accident. Gametrackers (K) Ltd disclaims any and all liability with respect to a client’s false or inaccurate representation relating to the procuring of any insurance cover.
BAGGAGE
Weight restrictions may apply to internal as well as international flights. Baggage and personal effects are at the owner’s risk throughout the travel program. Check with the airline for other baggage restrictions applicable to internal and international flights.
CHANGES
Prices are based on current rates of exchange, tariffs, and taxes. Gametrackers (K) Ltd reserves the right to increase tour prices to cover increased costs, tariffs, and taxes, and to reflect fluctuations in foreign exchange markets. Gametrackers (K) Ltd also reserves the right to withdraw a tour or any part of it to make such alterations in the itinerary or with the tour inclusions as it deems necessary or desirable and to pass on to tour members any expenditures or losses caused by delays or events beyond its control. Itineraries and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond Gametrackers (K) Ltd control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.
PROMOTIONAL PHOTOGRAPHY
Gametrackers (K) Ltd reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with Gametrackers (K) Ltd, program members agree to allow their images to be used in such photographs. Program members who prefer that their images not be used are asked to identify themselves to their travel guide at the beginning of their program.
For more information, please visit our website and refer to our Disclaimer Page.
CLAIMS AND REFUNDS
Refunds are not made for any missed services, except for verifiable extenuating circumstances. Please see our Limits on Responsibility on this page. For verifiable claims to be considered, they must be received in writing within seven (7) days of the termination of the program and be accompanied by supporting documentation and/or a statement from the Operating Company verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. Gametrackers (K) Ltd will not accept any liability for any claims that are not received within seven (7) days of the termination of your travel program. All claims for days missed while traveling should be made in writing within seven (7) days of the termination of the program.
AIR TRANSPORTATION
Gametrackers (K) Ltd will not accept any responsibility for mistakes or errors in airfare bookings made by independent third parties. The client’s confirmed web page will have detailed tour information, and it is up to the client to ensure the correct arrival and departure flight information from the tour start and end cities. The independent agent will arrange the best-priced airfare available in the class category you request at the time of your booking. Please note that certain airfares are subject to a service fee. Should you cancel or change your air reservation before or after your departure, cancellation penalties may apply.
Airlines concerned are not to be held responsible for any act, omission, or event during the time passengers are not on board their planes or conveyances. International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage.
LIMITS ON RESPONSIBILITY
Gametrackers (K) Ltd, its employees, officers, directors, successors, agents and assigns, does not own or operate any entity providing goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel, or otherwise), hotel and other lodging accommodations, restaurant, ground handling, and other services from various independent suppliers (including from time to time any other companies affiliated to Gametrackers (K) Ltd). All such persons and entities are independent contractors. As a result, Gametrackers (K) Ltd is not liable for any negligent or willful act of any such person or entity or of any third person.
Gametrackers (K) Ltd, acts solely as agents for the client with respect to third-party transportation, hotel, and other tour arrangements. In that capacity, Gametrackers (K) Ltd exercises all reasonable care possible to ensure the client’s safety and satisfaction, but, Gametrackers (K) Ltd neither assumes nor bears any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of an airplane, train, ship, third-party automobile, or other conveyance, or the actions of any third-party involved in carrying the client or in affecting these tours. Gametrackers (K) Ltd is not responsible for damages, additional expenses, or any other losses due to cancellation, delay, or other changes in air or other services, sickness, weather, strike, war, civil disturbances, acts or threats of terrorism, travel warnings or bans, termination or suspension of war risks or other carrier insurance, quarantine, acts of God or other causes beyond its control. All such losses shall be borne by the client, and tour rates provide for arrangements only for the time stated. Gametrackers (K) Ltd is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete, or expired travel documents. In the event of cancellation, delay, or rescheduling mandated by any of the aforesaid causes beyond Gametrackers (K) Ltd’s control, the client shall have the option of accepting in lieu of the original tour such rescheduled tour or other substituted tour(s) as may be offered, or else, receiving a refund of as much of such advance tour expenditures as Gametrackers (K) Ltd can recover on the client’s behalf from carriers, third-party tour vendors, etc., but, Gametrackers (K) Ltd shall not have any obligation or liability to the client beyond the foregoing. Gametrackers (K) Ltd reserves the right to make alterations to the tours itinerary and to substitute hotels, vehicles, ships, or activities if this is required. Gametrackers (K) Ltd reserves the right to cancel, delay, or reschedule any tour prior to departure, and, so long as this is not due to any of the aforesaid causes beyond our control, and we are unable to procure a similar tour by the time of departure the passenger shall be entitled to a full refund of all monies paid to Gametrackers (K) LTD at that point if he/she so desires, less any non-refundable deposits or uncollectible expenses incurred.
In addition and without limitation, Gametrackers (K) Ltd is not responsible for any injury, loss, death, inconvenience, delay, or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, food poisoning, mechanical or other failures of aircraft or other means of transportation operated by third parties or for the failure of any third party transportation mechanism to arrive or depart on time.
Risks: While Gametrackers (K) Ltd takes all reasonable precautions to ensure the client’s safety and wellbeing, there remain certain inherent risks in adventure travel of the type involved here. These include, but are not limited to, hiking, white-water rafting, walking safaris, climbing injuries, and altitude sickness, and in all trips dangers of animals, inaccessibility to medical attention, and difficulty in evacuation from remote locations in the case of a medical emergency. The client assumes all such risks with regard to these possibilities.
TRAVEL ADVISORIES/WARNINGS
It is the responsibility of the client to become informed about the most current travel advisories and warnings by referring to their country of origin/residence’s State Department’s travel website. In the event the client’s country of origin’s State Department has an active Travel Warning against travel to the specific destination location(s) of the trip, should the client still choose to travel, notwithstanding any travel advisory or warning, the client assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the trip, or to the trip itself, shall first be settled through negotiation between the parties. If the parties fail to settle the dispute with thirty (30) days from receipt of a formal complaint, then such dispute shall be referred to arbitration in the Republic of Kenya, in accordance with the Arbitration Act or any statutory modifications or re-enactment thereof for the time being in force. The seat of Arbitration shall lie in Nairobi.
CLIENT’S REPRESENTATIONS
The Client represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. Gametrackers (K) Ltd reserves the right to decline to accept anyone on a trip. Gametrackers (K) Ltd reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.
FINANCIAL EXCLUSION OF LIABILITY
Gametrackers (K) Ltd are not responsible or liable in any manner for any user-generated content. although we include strict provisions regarding user-generated content in these terms and conditions, we do not control and are not responsible for what users post on or through our sites and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal user-generated content you may encounter on our sites or in connection with your use of our sites.
To the fullest extent permitted by applicable laws we, on behalf of our directors, officers, employees, agents, suppliers, licensors, and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general. special, punitive, incidental or consequential damages; loss of use: loss of data; loss caused by a virus: loss of income or profit: loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the sites or any web site with which they are linked, or any merchandise available on our sites. you assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. this limitation of liability applies whether the alleged liability is based on contract or not.
Gametrackers (K) Ltd wishes to draw the attention of our customers and members of the general public to the risk of fraudulent activity by persons or organizations who seek to defraud customers and the general public.
While Gametrackers (K) Ltd makes all reasonable and prudent measures to ensure that all communication made between ourselves and our clients is confidential and secured, we cannot rule out the possibility that our trading name, logo, and/or address will be, or has been, used to try and defraud the public through false correspondence. This type of fraud may be via email, text message, or by using a website, any or all of which purport to originate from Gametrackers (K) Ltd.
We cannot prevent other parties from providing customers with false, unscrupulous, and misleading information or which, by any other means, lead them to believe that there has been a change in the bank account and payment details. The fact that an email or message of any kind appears to come from Gametrackers (K) Ltd does not, of itself, guarantee that that message is legitimate. Gametrackers (K) Ltd strongly cautions the public against sending funds where they have been advised of a change of account details or been advised of different account details that those first advised by Gametrackers (K) Ltd.
In light of the above, we wish to make the following expressly clear to our customers and the general public:
If you do receive any such communication, do not send funds or other wise follow said instructions as they are likely fraudulent. In the event this occurs, please ignore the communication and notify our offices immediately via alternative means of communication such as telephone, Facebook, Twitter or Instagram page.
PLEASE NOTE THAT Gametrackers (K) Ltd will have no liability whatsoever for any and all losses and/or damages suffered by anyone who falls victim to such deception. Gametrackers (K) Ltd hereby disclaims all such correspondence and messages and warns its customers and the general public to disregard these and to exercise extreme caution at all times.
CONTACT US
If you have any questions about this Disclaimer, You can contact Us: