Please read the following terms and conditions. They limit our liability and state the terms and conditions of your trip. By reserving and paying for your safari, you accept all these terms and conditions.

Definitions

As used in these Travel Agreement Terms and Conditions:

“OSK” refers to “OSK Tours, Limited”, registered as a corporation in the Republic of Kenya, doing business as “Osprey Safaris Kenya.”

“Safari” shall be considered and used synonymous with: trip, tour, adventure, adventure travel and/or wildlife safari, all of which refer to the “Safari” being booked with OSK.

“Services” refers to and includes, but is not limited to, the trip, as well as, the procurement of accommodation, transport, transfers by OSK on behalf of the client with third party suppliers of various hotel, attractions and transportation methods, including all services while on a trip with OSK.

“You” shall be considered and used synonymous with: client, guest, participant, member, passenger, and traveler all of which refer to “You.”

“Client” – refers to the person(s) who is/are named and identified on the booking form as the confirmed party(ies) embarking on the trip or excursion. By being so named as a “Client” on our contracts, you will be held bound by these terms and conditions.

“Departure Date” shall refer to the date your safari is scheduled to begin.

“Property” shall be considered and used synonymous with: camp, lodge, hotel, guesthouse, tent, facility, game farm or other accommodation.

“Deposit Payment” shall refer to the non-refundable deposit payment of 30% of the total tour cost necessary to confirm the safari.

“Balance Payment” shall refer to any remaining payment made after the Deposit Payment, towards the total tour cost, including but not limited to, payment for accommodation at Tour Properties, excursions, airline tickets, internal flights and animal viewing permits.

“Tour Cost” shall refer to all funds paid in connection with any safari, including, but not limited to the Deposit Payment, Balance Payment and any other taxes and fees.

“Tour Leader” shall refer to any person responsible for leading a safari on behalf of, or in conjunction with, OSK.

“Quote” – shall be considered and used synonymous with: estimate. the written document supplied to you by OSK and marked as such, valid for a period of seven (7) days from the date thereon, for the tour cost and/or constituting an invoice for goods and services supplied or to be supplied.

“Supplier(s)” refers to the third party agent(s) with whom OSK books services on behalf of the client, including but not limited to, tour operators, shuttles, accommodation establishments, attractions, game parks and so on.

“Single Occupancy Fee” shall refer to the additional fee incurred if booking as the single occupant of a room, tent or accomodation.

Included items

Accommodations: As specified in the itinerary, or similar, will be provided in hotels, lodges and camps, based on double occupancy in a shared room, with private bath or shower. If you are traveling solo, an additional single occupancy fee may be incurred. We may substitute hotels, camps, and lodges when we consider it necessary or appropriate. Service charges and taxes are included in tour costs for all accommodations.

Transfers: between airports, rail stations, motor coach terminals, private residences and hotels are provided, when specified. Transfers include up to two pieces of luggage per person. Airlines may be more restrictive as to luggage they allow, and you are also subject to their restrictions.

Safari Planning: Tour planning, preparation and operational costs are included in the tour cost. These prices are based on tariffs, taxes and exchange rates in effect at the time of printing and posting. OSK reserves the right to increase prices due to changes in tariffs, taxes or exchange rates. All prices are per person based on double occupancy, unless specified as a solo occupancy.

Wildlife Safari & Game Drives: game drives, park fees, armed ranger fees in case of walking safari within the park, OSK driver guide.

Excluded items

Travel Insurance: We highly recommend purchasing travel insurance. This ensures you are covered in case of unforeseen circumstances that could cause costly changes to your travel. We recommend the following travel insurance from World Nomads.

Land Only: unless there is a written exception, prices do not include airfares, costs to obtain passports, visas, inoculations, excess baggage charges, any items of a personal nature, such as meals not specified in the itinerary, medicines, personal and baggage travel protection plan, and local airport taxes. (This varies from itinerary to itinerary)

Gratuities: Tips to safari guides, waiters, hotel staff, baggage handling and game rangers are not included and are at the safari participant’s discretion. If you have questions about tipping, please see our FAQ on www.ospreysafariskenya.com

Quotes and Estimates

Quotes are valid for 7 days from the date on the quote after which we may have to vary the price due to changes in costs. Please request another quote or confirmation of quote pricing after 7 days.

All quotes given by OSK are inclusive of Kenya’s value added tax (where applicable). Acceptance of any quotation by a client shall be in writing via email or confirmed through our online system. Booking the tour requires a 30% deposit.

How to Book

Many accommodations offered by OSK have a limited capacity. Please make reservations well in advance to insure your preferred arrangements. You shall be provided a similar accommodation or tour option in case a safari, hotel or lodge is fully booked.

To confirm your booking with OSK:

Complete the Travel Information Form and sign the Travel Agreement.
Pay the non-refundable deposit payment equal to 30% of your total tour cost. This deposit payment is required to guarantee your reservation. If the departure date is within sixty(60) days, full payment for the tour is required to book your space.
On receipt of your signed reservation form and deposit, we will reserve your place on your selected safari itinerary, and send you an email confirmation of your reservation.

Balance Payment: is due 60 days prior to departure. On receipt of your full payment, we will send vouchers or paperwork, safari information, clothing lists, etc. Please ensure that you receive the information before you leave on safari.

Provisional booking: All bookings made by us will be considered provisional until availability has been confirmed and the required first payment has been received. Should your requested safari or the preferred accommodation or travel dates be unavailable at the time of confirming your booking, we will try to find a suitable alternative for you. A rate amendment may result from such an alternative.

Payment

How to Pay: All payments must be made either by SWIFT bank transfer, internet funds transfer or by credit card.

Government Taxes: Kenya requires that a 16% VAT (Value Added Tax) included in any quote.

Service Fee: OSK charges a 3% booking service fee for all reservations, but we will waive this fee for clients who opt to pay by wire transfer. If the deposit and/or balance is not paid in time, we will send you a reminder and if it is not still paid, we will be forced to cancel your trip and will retain your deposit. No client will be permitted to join a trip without payment in full being received by OSK.

Safari Expectations

We are proud of our excellent reputation and will do our best to offer you the best possible safari experience.

OSK works extremely hard to provide an outstanding wildlife safari, but we cannot guarantee the quantity, density or diversity of wildlife species on any specific day, location, or time. Wildlife viewing in Africa is affected by many factors including wildlife movements and behavior, climatic conditions, human interference, species biodiversity and density in the various locations during your visit. The animals are wild and therefore behave as such.

Safety on Safari

You must ensure you and those under your care, are medically and physically able to travel. We may exclude a client from participating in travel or from an activity, if the individual’s participation poses a direct threat to the health or safety of the individual or anyone else traveling on the tour. If the concern cannot be remedied by reasonable modification of our practices or procedures or by the provision of auxiliary aids and services, a decision to exclude the client will be our assessment.

Requirements & Behavior

If you behave in such a way as to endanger our staff or other passengers or cause damage to property, we reserve the right to terminate your safari without further liability and no refund shall be given. This includes but is not limited to any form of harassment of animals, tour members or our staff. The use or distribution of illegal narcotics, physical or verbal abuse or reckless behavior towards other travelers, tour guides, staff of the safari operators, lodges and hotels will not be tolerated. Please be considerate of other people and the wildlife on safari.

Guide and Tour Leader Authority

By booking the trip, you abide to be always bound by the decisions and leadership of the tour leader.
Your guide is there for your safety and the safety of the animals, so please abide by their rules while on safari.

Wild Animals

Please be aware that many of our safaris may take you into close contact with wild animals. Attacks by wild animals are rare, but there is no guarantee that this will not occur. OSK cannot be held responsible for any injury or incident caused by animals. Many properties are not fenced, and wildlife moves freely in and around these properties. Always follow the safety instructions provided by the property’s staff and our guides with regards to moving to and from your accommodations and while on game activities throughout your safari.

Age Limits

For safety reasons, certain Properties have age restrictions for young children and older persons depending on their health and fitness. Walking Safaris have a lower age limit of 12 depending on the level of difficulty of the safari.

We welcome children on our safaris, but an adult or guardian must always accompany and supervise the child(ren) and OSK has the right, in its sole discretion, to exclude children from certain activities if they are not age appropriate or if our guide has assessed any other concern. We will be able to advise which properties and operators allow younger children. Please let us know if you have questions about activities regarding your child(ren).

Travel Insurance

Please purchase the necessary upgrades or extensions to your standard included travel insurance policy. The free Travel Insurance that comes bundled with many credit cards is NOT SUFFICIENT to cover a trip to Africa and usually has extremely limited coverage.
All guests are advised to purchase AMREF Flying Doctors evacuation coverage, which has a thirty (30) day membership. This insurance provides air evacuation from the park/reserve to a Nairobi hospital for treatment, which will be settled by your travel insurance.
Should you fail to obtain comprehensive travel insurance, all and any costs arising from the possible need to cancel, re-route or follow different travel arrangements, including an emergency medical procedure will be at your own cost. Kindly note that tour refunds will NOT be paid to any customer who fails to purchase adequate travel insurance.

For your peace of mind, OSK is covered by extensive public liability, passenger liability and bonding insurance (financial failure insurance). We can also recommend a good travel insurance company or you can visit the FAQ on our website www.ospreysafariskenya.com

Medical Information Vaccinations and Health

Health requirements
Participation in adventure travel requires that you be in generally good health. You must be able to walk for a reasonable distance, carry your luggage as needed and sit for an extended period while traveling on safari.

You are responsible for bringing any prescription medication you may need. We accept no responsibility for any medical conditions, illnesses or related incidents that may occur during your safari.

Vaccinations

It is your responsibility to be aware of malaria, yellow fever, covid and other potential diseases when travelling to Africa, and it is your responsibility to visit a travel clinic and check any CDC health advisories, well in advance of travel, to obtain the necessary vaccinations, medication and advice. OSK does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations. OSK will not be held responsible for any illnesses or diseases acquired by clients while on safari.

Covid-19 Regulations

All arriving international travelers must produce a negative COVID-19 test certificate less than 72 hours old upon arrival. Face masks are compulsory everywhere in Kenya. Temperature screening and hand sanitizing procedures are standard when entering a building, store, national park, or vehicle. If your hands or skin are sensitive to disinfectant, please carry your own hand sanitizer to use at all points of entry. Refusal to comply with COVID-19 regulations may lead to being denied entry. Most countries require you to have a negative COVID test done before being allowed to board your flight home, your airline will provide you with the latest instructions.

Dietary requirements

It is up to you to inform us in advance of your dietary requirements or food allergies. We try our best to cater to everyone’s dietary requirements, but we rely on the information you provide in advance, so we can be as prepared as possible. We take no responsibility for special dietary requests if we have not been informed in advance. In remote bush locations, it may not always be possible to cater to strict, alternative diets.

Travel Documents incl: Passports, Visas

It is your responsibility to ensure that you have all your necessary travel documents, including passport (valid for at least 6 months beyond date of safari with at least 2 blank pages), visas (apply well in advance if you need a visa), spending money, flight tickets, negative COVID-19 test, and insurance policy. Visa policies may change on short notice and it is the traveler’s responsibility to check visa requirements.

Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, OSK shall not be liable for any costs incurred for any travel changes or accommodations.

Guide replacement

If a requested guide is unable to lead any portion of your safari due to illness, leave of absence, emergency or any other reason, OSK and its Operators reserve the right to substitute with a different guide.

Luggage

For safety and because space is restricted, baggage in charter aircraft is typically restricted to a maximum of 20 kg per person in a soft bag. This includes camera equipment and carry-on baggage. If you are not chartering a local flight during your safari, please refer to your international airlines’ baggage guidelines. That said, OSK allows ONLY soft luggage or duffel bags while on safari. No hard suitcases are allowed, and NO EXCEPTIONS will be made.

Should guests arrive with excess baggage without warning their baggage could be delayed, as we may have to fly the baggage into camps at a later stage at considerable extra cost to you. With advance notice we can book an extra seat for the bags on the aircraft, at additional cost. If you are staying at a hotel you will be returning to later in your trip, you can ask the concierge if they will store your excess bags for you. Your baggage and personal belongings are your responsibility and you will not hold OSK responsible for any damage or loss to your personal effects.

Cancelation

Cancellations are only effective upon OSK’s receipt of written notification, signed by the client.

If you are a “no show” for any reason, OSK shall be entitled to treat your reservation as cancelled and OSK’s cancellation policy shall apply.
Should you fail to join a safari after departure or leave prior to completion, OSK will not issue refunds.
If the reason for the cancellation falls within the terms of any travel insurance policy you may hold, then any such charges will be refunded to you by your insurance company, subject to terms of the insurance.
If your cancellation is made after the due date for full payment of your tour fare sixty (60) days prior, charges will be levied. The scale of charges, expressed as a percentage of the tour prices, is as follows:
- More than 60 days notice = 30% Deposit forfeited
- Less than 60 days notice = 30% Deposit forfeited plus 25%.
- Less than 30 days notice = 30% Deposit forfeited plus 50%.
- Less than 2 weeks notice = 100% forfeited

Changes to bookings

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will do our utmost to make these changes, but it may not always be possible.

Any request for changes to an existing trip must be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of $150, and any further costs we incur in making this alteration. You should be aware that the closer to your departure date changes are made, the higher these costs are likely to be, so you should contact us to make them as soon as possible.

If you are postponing a tour beyond twelve (12)months, there will be an administration charge of $300, and any further costs that we incur in making this alteration.

You may also transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveler are responsible for paying all costs we incur in making the transfer.

Special Needs or Requests: The client shall advise OSK in writing on the booking reservation form of any special requests. The costs of complying with such special requests, needs or facilities shall be borne by the client and payable on demand.

Our tour leaders may be obliged, on occasion, to make changes to the safari itinerary including, but not limited to route changes, accommodation changes or other similar logistical changes related to your safari. These rare circumstances come about due to changing conditions, seasonal rainfall, bush fires or other occurrences.

In the unlikely event that unforeseen circumstances necessitate a change in the program, we will notify you as soon as is reasonably possible and discuss suitable alternatives. If there are increases that occur in pricing that neither OSK nor the suppliers have any control over, such as Government Tax increases, that affect tourism related services and Park Fee Increases, OSK reserves the right to add these to the cost of the reservation.

Refunds

Our refund policy is subject to our cancellation policy and the cancellation policy of third-party suppliers. When a refund is requested, our approach will follow a set order of priorities to find a win-win solution:

Reschedule or postpone. We will attempt to reschedule the activity or postpone your trip to a mutually agreed date within a twelve (12) month period. This will minimize losses to all parties.
If rescheduling or postponement is not possible, you will first be asked to claim from travel insurance. It is imperative that you have comprehensive travel insurance in place to limit your risk of loss. No refund will be made if a valid travel insurance claim can cover the loss. If you fail to purchase comprehensive travel insurance with sufficient cover, that risk will not be carried by OSK and no refunds will be paid to any customer who fails to purchase adequate travel insurance before their trip.
If your travel insurance claim is denied or falls short of covering your loss, we will refund whatever net amount we manage to get refunded from suppliers, subject to our cancellation policy, and less 5% admin fees to cover our transaction costs. We cannot and will not refund money we do not have because it has been paid to suppliers on your behalf.
No refunds are given (1) for lost travel time or substitution of facilities, (2) for itineraries amended after departure, (3) for circumstances arising beyond the control of OSK, necessitating alternative arrangements being made to ensure the safety and / or further participation and enjoyment of your safari, (4) any unused portion of your safari regardless of the reason, including but not limited to sightseeing, activities, meals, accommodations, or transport
OSK may further in its sole discretion cancel or terminate a client’s booking or any remaining part thereof in the event of any illegal or incompatible behavior of the client, who shall, in those circumstances, not be entitled to any refund.

Clients are therefore strongly recommended to obtain comprehensive travel insurance to cover such contingencies.

Complaints

If you have any cause for complaint while on your safari, you must immediately bring it to the attention of OSK’s local representative or tour guide, who will attempt to resolve the situation. If they can’t resolve it, they will escalate to an OSK manager or director. We will do our best to find a satisfactory resolution. Any formal complaints must be addressed in writing to OSK via email to [email protected]

Legal

Consent

The payment of the deposit OR any other partial payment for a reservation on a safari constitutes consent by all clients covered by that payment to all provisions of the conditions and general information contained in this document whether each individual client has signed the reservation form or not. The terms, under which you agree to take these safaris, cannot be changed or amended except in writing signed by an authorized director of the Company.

We reserve the right to take photographs during the operation of the safari for promotional purposes and, by booking your safari, you consent to your images being used for this purpose. If you do not consent, you must inform us in writing before going on the safari.

Assumption of Risk

By booking your safari you agree that you are aware of the inherent risks associated with wildlife adventure travel and warrant that you are aware of such risks and undertake the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof.

You and any other clients in your group, are participating on this safari entirely at your own risk. Please ensure you have adequate health insurance and comprehensive travel insurance in place to cover any eventuality.

Liability

We cannot be held responsible for any defects, changes or cancellations in the bookings or trips, which includes, but is not limited to, delays, loss or damages arising from any causes, including dissatisfaction with the booking,any loss, damage,injury, illness, accident or delay caused by the suppliers or any third party.

Any claim or claims which you, your agent, executor, heirs or assigns may have for any compensation for damages or loss, or the like from OSK resulting from injury or any loss occasioned whatsoever, are hereby irrevocably waived including any transportation before, during or after the trip that OSK provides.

Indemnity

You indemnify OSK and its directors, employees, assignees and/or agents against any claim arising for damages or loss in connection with the services contemplated in these Terms and Conditions.

Jurisdiction

Any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered pursuant thereto, shall be instituted in the Nairobi branch of the High Court of Kenya, which shall have exclusive jurisdiction to determine such legal proceedings and as such, the laws of the United Republic of Kenya.