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Terms and Conditions

NICHE AFRICA HOLIDAYS TERMS AND CONDITIONS

THE CONTRACT

The contract for the services chosen will be either direct with Niche Africa Holidays or the relevant agent(s).

PAYMENT

    A deposit of 40% of the quoted price is required before any booking is made.
    The balance must reach us in Nairobi not less than 90 days prior to the commencement of the tour.
    In case where bookings are made less than 30 days before the commencement of the tour, full payment must therefore accompany your requirements.

N.B: The Company reserves the right to cancel tours if payment is not received in accordance with these terms, unless prior arrangements have been negotiated with regard to payment.

(iv) Our prices are quoted in foreign currency and payment must be made in foreign currency at the rate acceptable to the Central Bank of Kenya.

Any payment made to Niche Africa Holidays constitutes your acceptance of the terms and conditions set out herein and in more specific pre-departure passenger documentation, including the passenger information form.

ITINERARIES

The Company, in its absolute discretion, reserves the right to alter any route or other arrangements; offer substitutes; or to completely cancel the whole or any portion of a tour, should conditions necessitate. The right is also reserved to decline the acceptance of any person as a member of a tour should the presence of that person be prejudicial to the good conduct of the tour, or be contrary to the prevailing laws of Kenya. Due to local travelling conditions, such as the unavailability of accommodation and weather, the order of the itinerary may be altered. Niche Africa Holidays reserves the right to withdraw a safari or any part thereof and to make alterations in the itinerary of any safari. The conditions apply on accommodation whether we are the provider or other person or organization.

COSTS AND ARRANGEMENTS

Quoted program prices include planning, handling and operational charges, and are based on current rates of exchange, tariffs and taxes as of 30th June. Niche Africa Holidays reserves the right to increase tour prices to cover increased costs, tariffs and taxes received after prices are published, and to reflect fluctuations in foreign exchange markets. Niche Africa Holidays is under no obligation to give breakdown costs involved in any Escorted or Tailor Made program. Modification of tour content to accommodate a smaller group size will not affect published tour price.

Norminal Booking fees are charged in cases where we make a hotel or lodge reservations only. The booking fee covers the communication and administration costs.

CLAIMS AND REFUNDS

Refunds are not made for any missed services, except for verifiable extenuating circumstances. For verifiable claims to be considered, they must be received in writing within 30 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. Niche Africa Holidays will not accept any liability for any claims that are not received within 30 days of the termination of your travel program. All claims for days missed while traveling should be made in writing within 30 days of the termination of the program.

Having accepted your booking, the date of the booking confirmation on the invoice activates the terms and conditions of the contract.

CANCELLATION/NO SHOW FEES

The following cancellation charges will be applicable. Should you need to cancel you must notify Niche Africa Holidays immediately in writing (or by email) for this eventuality or else your deposit will be non-refundable.

Notification period

Charges

90 days and over   

Deposit refund - Less $50 per person/per tour cancellation fee

89-60 days prior to travel date

40%

59-30 days prior to travel date

60%

29- 0 days to travel date   

100%

Although it rarely happens, and Niche Africa Holidays and its agent(s) do their utmost to avoid doing so, Niche Africa Holidays and its agent(s) must reserve the right to cancel tours and other arrangements. Where your holiday is cancelled (other than due to your default in payment) the supplier will offer you the choice of purchasing an alternative holiday with them (and paying or receiving a refund in respect of any price difference) or receiving a full and immediate refund of all monies paid to them.

In addition, Niche Africa Holidays and its agent(s) will pay you compensation in accordance with and limited to the scale set out below except where Niche Africa Holidays and its agent(s) is forced to cancel as a result of unusual and unforeseeable circumstances beyond their control, the consequences of which Niche Africa Holidays and its agent(s) could not have avoided even with all due care. In this latter case you will be notified not less than 30 days before the commencement date of the holiday.


PASSENGER TRAVEL PROTECTION PROGRAM:

Our specially designed travel protection program does not provide for cancellation charges, medical coverage and protection against lost or damaged luggage. This is therefore not included in the tour price and is strongly recommended.


RISK, TRAVEL INSURANCE, LIABILITY

(i) Niche Africa Holidays, and associated companies make arrangements for hotel/lodge accommodation, for transport and conveyance by whatever means, as agents for passengers on the condition that they shall not be liable for any injury, damage, loss, accident, delay or irregularity which may be occasioned by reason of any defect in any vehicle, or through the acts or defaults of any company or person engaged in conveying the passenger or in carrying out the arrangements of the tours, or otherwise in connection therewith, or of any hotel/lodge proprietor or servant. 

(ii) Niche Africa Holidays and associated companies accept no responsibility for losses or additional expenses due to delays, or changes, in train, steamer, motor, or other services, sickness, weather, strikes, civil disturbances, war, quarantine or other cause. All such losses or expenses will be passed on to tour members as these are events beyond our control. Such conveyance etc. is subject to the laws of the country in which the tour takes place and all claims are subject only to the jurisdiction of the courts of the country in which the cause of action arises.

(iii) Niche Africa Holidays reserves the right to employ sub-contractors to carry out all, or part, of the services provided and in the event of such right, the terms of clauses (i) and (ii) above relating to the company’s liability shall apply.

(iv)Baggage and personal effects are carried at ‘owner’s risk’ and clients are cautioned against the risk of leaving them unattended to.


LIMITS ON NICHE AFRICA HOLIDAYS' RESPONSIBILITY

Niche Africa Holidays, its employees, shareholders, officers, directors, successors, agents and assigns (collectively Niche Africa Holidays ), does not own or operate any entity (except for Niche Africa Holidays ) which is to or does provide 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 other companies affiliated to Niche Africa Holidays ). All such persons and entities are independent contractors. As a result Niche Africa Holidays is not liable for any negligent or willful act of any such person or entity or of any third person.

In addition and without limitation, Niche Africa Holidays 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, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

There are certain inherent risks in adventure travel of the type involved here. These include, but are not limited to, risks of white water rafting, kayaking and rafting (for example dangers of rapidly moving water, rocks and other submerged objects, hypothermia, etc), horseback riding, (for example, unpredictable behavior by the horses, being spooked, etc) hiking, walking safaris, downhill or cross country skiing, (for example, equipment failures, ice or other trail obstructions) 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. Passenger assumes all such risks with regard to these possibilities.


TRAVELLERS' REPRESENTATIONS

The Traveller represents that neither he nor she nor anyone travelling 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. Niche Africa Holidays reserves the right to decline to accept anyone on a trip. Niche Africa Holidays 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.


COMPLAINTS

Niche Africa Holidays and its agent(s) hope you will not encounter any problems during the holiday. However, should one arise, please immediately advise the supplier of the service in question as most of these problems can be resolved straight away. In the unlikely event of you remaining dissatisfied please write to the supplier setting out your complaint in detail within 30 days at the end of the holiday. Niche Africa Holidays and its agent(s) regret that they cannot accept responsibility for any complaints which was not notified entirely in accordance with this clause.


DELAYS

No arrangements are made by Niche Africa Holidays and its agent(s) relating to the provision of international flights from any part of the world. Therefore all outward and homeward points of departure should be read in relation to the services which the suppliers have been contracted with to provide and not any flight or other travel arrangements which may have been added.

In the event of a delay at the commencement of Niche Africa Holidays services they will do their best to provide light refreshments for delays between 2 and 4 hours. These are very rare events and in case of occurence everything possible will be done to ensure that this delay is addressed by extending game viewing.


TRANSPORTATION

Limousines, safari minibuses, safari land cruisers, cars, four-wheel drive vehicles or coaches will be provided according to the contract agreement to the route and the number of participants. Niche Africa Holidays and its agent(s) reserves the right to employ the services of sub-contractors. Multi-lingual driver guides, will be provided on request depending on the availability.


PHOTOGRAPHY DURING TRAVEL

Niche Africa Holidays and its agent(s) reserve the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a program with Niche Africa Holidays , 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 Tour Manager at the beginning of their program. Niche Africa Holidays tailor made travel programs: Terms and Conditions for the Niche Africa Holidays Tailor Made Travel programs and Tailor Made Portfolio hotels may vary from those shown above. Gratuities are not included in the program price and are at the discretion of the traveler. Recommended guidelines for each area visited are provided in Niche Africa Holidays pre-tour safari information.


SPECIAL REQUESTS

Specific requests such as adjacent or connecting rooms, bedding requests, smoking or non-smoking rooms and special dietary needs should be advised at time of booking. Please note that every effort will be made to secure your special request; however, they cannot be guaranteed.


THIS IS IMPORTANT

It is our mutual interest that you are aware, before you instruct us to make firm reservations, that safari lodges and certain hotels impose conditions which, in general terms, are: -

BAGGAGE

Tour prices include the handling of two pieces of baggage per person. Weight restrictions on some routes on internal air flights may apply; details will be provided with preliminary tour documentation. Baggage and personal effects are at owner's risk throughout the travel program. Please check with your international carrier for other baggage restrictions applicable to your international flights.

  • Baggage is restricted to one reasonably sized piece of luggage, plus hand baggage and cameras, when on safari. 
  • Baggage insurance is advisable.
  • At Tree Hotels, except Mountain Lodge, only a small overnight case is permitted; other baggage is stored at the hotel base camp.
  • Children are not allowed at tree hotels (07 years or younger) or Salt Lick Lodge (5 years or younger) and at Mount Kenya Safari Club, children are not allowed to dine in the main dining room.

CHILD POLICY

On non-family programs, unless otherwise indicated on the individual tour page, a minimum age of 10 years is required.

Hotels and lodges checkout time is 10.00 a.m. Optional day rooms (up to 6.00 p.m.) are available at an additional cost subject to availability. It is therefore recommended that personal baggage, trip cancellation and travel insurance be purchased.

IMMEDIATE CHECK-IN

On programs where immediate check-in has not been included in the program price, Niche Africa Holidays does request that hotels do their utmost to facilitate this service; however, it is not guaranteed. Most hotels allow check-in to take place during the mid-afternoon. Should you wish to have your room ready for immediate check-in upon arrival; Niche Africa Holidays can arrange this for an additional charge. Please ask for details and prices.


EARLY ARRIVAL

Niche Africa Holidays recommends that you arrive a day or two before the start of your tour to allow time to relax and refresh after your journey and to prepare for the start of your program. Niche Africa Holidays has negotiated special overnight rates at many hotels contained within this website. Please ask for details at time of booking. Departing early from the original point of departure, is also recommended in the rainy months, due to possible flight disruptions and cancellations caused by inclement weather conditions. In order to secure the best available ground services a deposit equivalent to 40% of the tour price is required at the time of booking. Full and final payment is required no less than 90 days prior to the safari, as follows: -

Days prior to the start of tour

Percentage of the total tour price

 At the time of booking

40%

90 days before the tour starts

60%

 Total

100%


PASSPORTS AND VISAS

Valid passports are required for travel to the destinations in this website. Check with your travel agent or Niche Africa Holidays for the latest visa requirements. Please note that all travelers are responsible for obtaining the required documentation applicable for entry. Please note also that passports must be valid for six (6) months after the return of your journey and should also have sufficient blank pages for visas and immigrations stamps. Niche Africa Holidays cannot be held responsible should you be denied entry to a country due to non-compliance with these requirements. A copy of your valid passport must be submitted to Niche Africa Holidays in order to confirm the flight reservation done by us.


TRAVEL ADVISORIES AND WARNINGS

It is the responsibility of The Traveler to become informed about the most current travel advisories and warnings by referring to the U.S. State Department's travel website at www.travel.state.gov/or by phone at 1-888-407- 4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the trip, should The Traveler still choose to travel, notwithstanding any travel advisory or warning, The Traveler assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

Niche Africa Holidays accepts all major credit cards. The service mark and trademarks of airlines and other organizations appearing on our website are owned by the respective companies mentioned.


DATA ACCURACY/ CHANGES AND ERRORS

Please note the holiday information shown on this data may have changed by the time you book your holiday. Whilst every effort is made to ensure the accuracy of the data at the time of the website construction, errors do occur occasionally. You are therefore kindly requested to check all the details of your chosen holiday arrangement, including the tariffs at the time of booking.

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Cargen House, 3rd Floor, Room 5 , Harambee Avenue, P.O. Box 25168 - 00100, Nairobi, Kenya Telephone No: +254 20 2212535 Telephone No: +254 20 2212537 
Fax: +254 20 2212536 Mobile No:+254 738 862727 Email: info@nicheafricaholidays.com Website: http://www.nicheafricaholidays.com
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