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1. BOOKING, AGENTS LIABILITY, DEPOSIT, REFUNDS AND MINORS

1.a. A booking of any of the arrangements offered in this brochure or Agents Manuals may be made by a client verbally provided it is immediately confirmed in writing (“Booking”) provided always that for the purposes of the payment of the Deposit and/or the Price the time that the Booking shall be deemed to have been effected shall be the time that the Lead Travel Agency organized tour (“Tour”) was booked verbally and not the time that it was confirmed in writing.

1.b. A deposit of an amount requested by Lead Travel Agency Ltd. duly authorized member of staff or agent at the time of Booking shall be payable immediately upon receipt of your Booking.

1.c The person who shall make the Booking hereby warrants that he or she is duly authorized to do so and does so on behalf of all concerned.

1.d If a Booking shall be made through a travel or booking agent (“Agent”) such Agent hereby agrees to be bound by these conditions and confirms that it makes any Booking as a fully authorized agent for and on behalf of each member of the party. To the extent that Lead Travel Agency shall incur any loss or damage arising directly or indirectly from the Agent’s signing the Booking on behalf of each member of a Tour, the Agent shall immediately indemnify Lead Travel Agency against any such claims, costs, demands and expenses whatsoever, wheresoever and whensoever made.

1.e Each of the parties shall joint and severally indemnify Lead Travel Agency against any claims, costs, demands and expenses whatsoever and when so ever made by any of the parties who may be a minor (that is under age of eighteen years) arising out of or in connection with the Tour.

1.f An itinerary specifying the details of your Tour, will be sent to the person making the Booking as soon as is reasonably practicable following receipt by Lead Travel Agency of your Booking (the “itinerary”).

1.g All prices for tours are calculated on costs prevailing at the date of your Booking although Lead Travel Agency reserves the rights to change such prices without notice up until the Due Date (as defined below).

2. FINAL PAYMENT

2.a The total cost of the Tour as specified in the Itinerary (the “Price”) shall be paid so as to be received in cleared funds not later than 60 days before the date of such Tour (the “Due Date”) except when the date of your Booking is less than 60 days before the departure of your Tour, in which event full payment shall be due immediately upon receipt of invoice. Availability of the Tour is dependent upon your having paid the Price in accordance with this condition.

2.b In the event that the Price shall not have been received by the Due Date, Lead Travel Agency reserves the right to cancel the Tour or as a condition of providing the Tour to re-cost the Itinerary (including imposing a surcharge in respect of our additional costs).

2.c Provided that the Price shall have been paid by the Due Date, Lead Travel Agency shall be bound unconditionally to the Price quoted from that time unless the Price shall be affected by any factor beyond the control of Lead Travel Agency which frustrates this Agreement in which case it allows option to adjust the Price accordingly.

3. CANCELLATION/ALTERATIONS

3.a If any of the parties wishes to cancel or alter a Booking they must do so in writing in which event the following fees or percentages will be charged calculated with reference to the date of receipt of notification in writing by Lead Travel Agency. If such Booking shall be cancelled or be altered materially by a client, Lead Travel Agency reserves the right to charge the following cancellation fees:

3.a. 1 within the period of 120 to 61 days of the date of the commencement of the Tour, a fee of 10% of the total land arrangements; 3.a.2 within the period of 60 to 46 days of the date of commencement of the Tour, a fee of 25% of the total land arrangements;

3.a.3 within the period of 45 to 31 days of the date of commencement of the Tour, a fee of 50% of total land arrangements;

3.a.4 within the period of 30 days up to the date of commencement of the Tour, a fee of 100% of the Price.

3.b Your Deposit and any other payments on account will be applied against your liability under sub-clause 3.1, otherwise towards the part payment of the Price if for any reason it had not been paid in full by the Due Date. 3.c In respect of the balance of the Deposit and other payments on account not retained by Lead Travel Agency pursuant to the preceding two sub-clauses, Lead Travel Agency will refund such amount to you less:

3.c.1 any charges that have been made for reservations which have already been contracted, any cancellation fees imposed by hotels, lodges or transporters and for any other expenses which Lead Travel Agency may have incurred. 3.d In relation to any request by you to alter your Tour after it has commenced, whilst Lead Travel Agency will use its reasonable endeavors to implement such request, you will be liable for any cancellation or additional charges that may be levied for the Tour originally booked.

3.e  If Lead Travel Agency shall cancel the Tour it shall make a full refund except in respect of any cancellation caused by war or threat of war, insurrection, riots, strikes, civil actions, decisions by governments or governing authority, natural disaster, bad weather, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers or other similar circumstances beyond Lead Travel Agency control.

4. WHAT THE PRICE INCLUDES

4.a The Price includes:

4.a.1 Transport including excursions from hotels as indicated in the Itinerary;

4.a.2 Accommodation with full board table d’hôte meals as specified in the Itinerary;

4.a.3 Government hotel taxes;

4.a.4 Hotel service charges;

4.a.5 Sight-seeing, game bird walks as specified in the Itinerary

4.a.6 The cost of all commercial and charter flights indicated in the Itinerary and any scheduled flight indicated in the Itinerary as being included in the Price.

4.2 The Price does not include:

4.b.1 Visa fees and international and domestic airport taxes (unless indicated otherwise in the Itinerary, gratuities (other than service charges specified in sub-clause 4.1.4 above), beverages, laundry and other items of a personal nature, any communications cost (such as telephone calls or fax transmissions);

4.b.2 Any supplementary charges imposed by hotels/lodges;

4.b.3 Any Park (or other) entry fees except where these are specifically quoted in the Itinerary.

5. ACCOMMODATION

5.a Whilst Lead Travel Agency will use its best endeavors to ensure that you stay in the hotel, lodge or camp of your choice, it reserves the right to alter the identity of your accommodation provided that it shall reserve rooms for you in hotels/lodges/camp which, in its view, are of similar value and standing. Lead Travel Agency accepts no responsibility or liability in the event that it has offered the services of an establishment of similar price and standing which have been declined by the client.

6. TRANSPORTATION AND GUIDES

6.a Lead Travel Agency shall provide such aircrafts, safari minibuses, safari cruisers, cars, four-wheel drive vehicles or coaches as it considers necessary, based on considerations such as the route to be taken, the condition of the roads and the number of clients on the proposed journey. Lead Travel Agency & T reserves the right to alter any such arrangements made, including the proposed route to be taken.

6.b Lead Travel Agency reserves the right to employ the services of sub-contractors to effect your transportation.

6.c Lead Travel Agency shall provide the services of a driver-guide.

7. CLIENT RESPONSIBILITIES

7.a You shall ensure that you have obtained adequate insurance cover against personal accident, medical expenses and loss of your baggage.

7.b You shall ensure that all your travel documents, full passports, visas, vaccination certificates, currency and travelers’ cheques are in order and that the name that appears on your airline ticket (if relevant) shall be the name that appears on your passport, and that you reconfirm all your international flight departures at least 72 hours prior to departure, unless Lead Travel Agency shall have agreed by prior arrangement to reconfirm on client’s behalf.

7.c You shall inform Lead Travel Agency when you make the Booking of any medical condition or disability which may materially affect your ability to enjoy or suitability for the Tour.

8. Lead T & T RESPONSIBILITIES

8.a Except where Lead Travel Agency shall transport you in its own vehicles, Lead Travel Agency and its agents act only as your agent in all matters relating to your transportation or the provision of any other services to you regardless of whether you are transported by aircraft, rail, road, motor-coach, ship, boat or any other means.

8.b Lead Travel Agency shall not be liable for any injury, delay, loss or damage howsoever arising from your transportation, accommodation or from any other services provided to you or from any act or omission of any person (or their sub-contractors agents or employees whether acting within the scope of their contractual obligations agency or employment or not) who shall provide any such service other than for death, injury or illness caused by the negligent acts and/or omissions of Lead Travel Agency or its employees and agents (other than air and sea carrier agents performing any domestic, internal or international carriage of any kind) whilst acting within the scope, or in the course, of their employment. The amount of damages Lead Travel Agency shall pay to you under this clause shall be such damages as might have been claimed irrespective of death, injury or illness caused by the negligence of Lead Travel Agency, its employees or agents as aforesaid as accepted under the laws of the country in which the event giving rise to the loss took place.

8.c In respect of any other loss not specifically referred to in this clause you, your property and baggage travel entirely at your risk.

9. JURISDICTION

All matters concerning these conditions shall be subject to the laws of the Republic of Kenya. You submit to the exclusive jurisdiction of the courts of Kenya which shall be the sole forum for the hearing of any claims other than those which shall be referred to arbitration pursuant to clause 11.

10. ARBITRATION

A dispute or difference between The Parties relating to the validity, construction or performance of this agreement shall be referred to an Arbitrator to be appointed (in default of agreement between us) within 21 days of notification of such dispute by one of the parties to the other by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch, upon the application of either of us. Such arbitration shall be at a venue in Nairobi in accordance with the Arbitration Act (Cap.49).