Terms & Conditions

Luxury Africa Journeys With Master Safari Guides

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Terms & Conditions

Client Responsibility:

ToKenya.com Inc. its employees, shareholders, officers and directors does not own or operate any entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, local ground or safari operators, including, without limitation, various entities which may utilize the ToKenya.com name, guides, entertainment, food or drink service providers, equipment suppliers, etc. As a result, ToKenya.com is not responsible for any negligent or willful act or failure to act of any such person or entity. In addition, ToKenya.com is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control.
Without limitation ToKenya.com is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation any willful or negligent act, failure to act, breach of contract or violation of local law or regulation of any third party such as an airline, train, hotel, bus, taxi, van or safari operator, local groundhandler or guide, whether or not it uses the ToKenya.com name, financial default or insolvency of any supplier and/or restaurant which is to, or does supply any goods or services for this trip. Similarly, ToKenya.com is not responsible for any loss, injury, death or inconvenience due to delay or changes in schedule, overbooking of accommodation, default of any third party, attacks by animals, injury or death while on activities sponsored by lodging facilities or by other third parties, sickness, the lack of appropriate medical care, evacuation to same, if necessary, weather, strikes, acts of God or government, acts of terrorism, or the threat thereof, force majeure, war, quarantine, epidemics, or the threat thereof, criminal activity, or any other cause beyond its control.
Baggage is at "owner's risk" throughout the tour. The right is reserved to alter or cancel the itinerary, at ToKenya.com's sole discretion, as it may deem necessary or advisable, ToKenya.com Inc. reserves the right to decline to accept or retain any passenger on any of its tours if, in its sole discretion, it deems accepting or retaining any such passenger as being detrimental to the tour. In the event any passenger is removed from a trip, ToKenya.com's only obligation is to refund to that person that portion of the payment allocable to unused services. Airfares are subject to change. Rates may vary accordingly. All airfares and conditions are subject to change. Baggage coverage is strongly recommended.
All scheduled airline flights are occasionally subject to overbooking, delay or cancellation. If this occurs, ToKenya.com Inc. will use its best efforts to assist clients in finding alternative arrangements. ToKenya.com, however, is not responsible for any such events and the costs associated therewith.
ToKenya.com Inc. may take photographs or film of its trips and trip participants, and participant grants ToKenya.com Inc.express permission to do so and for ToKenya.com Inc. to use such for promotional or commercial use.
Unused Services:
There is no right to a refund for any unused services. Changes in the Responsibility clause can be made only in writing signed by an officer of ToKenya.com Inc.
Any and all disputes concerning this contract, the brochure or your trip shall be resolved solely and exclusively by binding arbitration according to the then current commercial rules of the American Arbitration Association. Any such arbitration will take place in Orange County, California. In any such arbitration, the substantive (but not procedural) law of California will apply. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.