Terms and Conditions

INTRODUCTION
These terms and conditions govern your use of the Marafiki Safari website (hereinafter referred to as the “Website”). By accessing this Website, you acknowledge that these terms and conditions are valid, binding, and enforceable against all individuals visiting the Website.

DEFINITIONS AND INTERPRETATION
a) Website: Refers to the website located at www.marafikisafari.com, including any sub-domains and linked domain names.
b) Marafiki Safari: Marafiki Safari Limited, a private company registered in accordance with Kenyan laws.
c) User: Any person accessing or using the Marafiki Safari website.
d) References to the singular include the plural, and vice versa.
e) Hyperlinks in these terms and conditions to copyright notices and legislation are considered part of this agreement in accordance with applicable laws.
f) Your usage of this Website implies your acceptance of the terms and conditions outlined in this document.

ALLOWED USE AND LICENSE
Marafiki Safari grants you a license to view, download, and print the content on this Website for personal, educational, and non-commercial purposes only.
Content from this Website may not be used for commercial or non-private purposes without prior written consent from Marafiki Safari.
Users must use this Website only for legitimate personal or commercial purposes and must not use it for harmful, illegal, defamatory, or prohibited activities.
Caching of this Website is allowed if it improves content transmission efficiency, the cached content remains unaltered, is updated at least every 12 hours, and is removed or updated as required by Marafiki Safari.
Users found using content in violation of these terms may be subject to damages, criminal proceedings, and indemnify Marafiki Safari against any liability resulting from such use.
Marafiki Safari is not liable for any damage, loss, or liability resulting from the use of content accessed through hyperlinks not directed at this Website’s home page.
Users may quote small portions of content from this Website, provided they are enclosed in quotation marks and properly acknowledged.
Framing this Website without prior written consent from Marafiki Safari is prohibited.
Except for legitimate search engine operators and the Website’s built-in search functionality, no technology or applications may be used to search, collect, or copy content from this Website without prior written consent from Marafiki Safari.
Email addresses, names, telephone numbers, and fax numbers from this Website may not be added to any electronic marketing databases without permission, and all rights under Section 45 of the ECT Act are reserved.
All licenses and permissions provided under this clause are non-exclusive and non-transferable, and Marafiki Safari may terminate or cancel them at any time without notice.

INTELLECTUAL PROPERTY RIGHTS
All intellectual property on this Website, including content, trademarks, domain names, patents, software, and more, are owned or licensed to Marafiki Safari and protected by applicable laws and treaties.
Logos, icons, or trademarks from this Website may not be used as hyperlinks or for any other purposes without prior written consent from Marafiki Safari.

SOFTWARE AND EQUIPMENT
You are responsible for acquiring and maintaining the necessary computer hardware, software, communication lines, and internet access accounts needed to access this Website and its content.

DISCLOSURES REQUIRED BY LAW AND TERMS OF SERVICE
This Website provides travel information, access to various services, travel ideas, specialist vacation consulting, travel advice, safari planning, and travel inquiries.
Alternative Dispute Resolution: Disputes shall be referred to arbitration under the expedited rules of the Arbitration Foundation of South Africa, with proceedings conducted in Cape Town in English. The arbitration ruling is final, and the unsuccessful party is responsible for the successful party’s costs.
Changes and Amendments: Marafiki Safari reserves the right to change these terms and conditions, modify the Website’s content and services, discontinue any aspect of the Website or services, or change the required software and hardware for Website access at any time without notice.
Privacy: Refer to our privacy policy for details.
Hyperlinks to Third-Party Sites: Marafiki Safari may provide hyperlinks to websites not under its control (target sites), but this does not imply endorsement, agreement, or support for their content. Marafiki Safari is not responsible for the content on target sites.
Security: Marafiki Safari will take reasonable measures to secure the Website’s content and user information but does not guarantee absolute security. Users are prohibited from delivering damaging code or attempting to breach the Website’s security. Marafiki Safari is not liable for damages resulting from security breaches.
Interception of Communications: Marafiki Safari has the right to intercept, block, filter, read, delete, disclose, and use communications sent or posted by users. This consent satisfies legal requirements.
Entire Agreement and Severability: These terms and conditions constitute the entire agreement between Marafiki Safari and the user. Any term found unenforceable or invalid will be severed, and the remaining terms will remain in effect.
Agreement in Terms of Section 21 of the ECT Act: The user agrees that this agreement is concluded in Nairobi, Kenya and data messages sent by the user to Marafiki Safari shall be considered received when responded to. The user also agrees and warrants that data messages sent by them are authorized by them personally.
Applicable and Governing Law: South African law and courts govern the use of this Website and these terms and conditions.
Legal Costs: Marafiki Safari is not liable for any legal costs incurred by users seeking professional advice related to these terms and conditions.

Cancellation

Our cancellation charges are determined by the fact that once we have booked with hotels and safari camps / lodges and with local airlines, they will charge us a cancellation fee if we cancel a booking. We try to keep such charges to a minimum and they are as follows, as a percentage of the total invoice charges:

Bookings cancelled or amended from time of booking up to 130 days before commencement of the safari incur a 25% cancellation charge.

Bookings cancelled or amended less than 130 days and up to 70 days prior to commencement of the safari incur a 35% cancellation charge.

Bookings cancelled or amended less than 70 days but up to 40 days prior to commencement of the safari incur a 50% cancellation charge.

Bookings cancelled or amended less than 40 days but up to 25 days prior to commencement of the safari incur a 75% cancellation charge.

Bookings cancelled or amended less than less than 25 days or more than 9 days prior to commencement of the safari incur a 90% cancellation charge.

Bookings cancelled or amended less than 9 days or less before commencement of the safari incur 100% cancellation charge

Please note that any refunds due to you in the event of cancellation can be credited only to the original card used for making the initial payment, if within 6-months of paying. If longer than 6-months refunds will be made directly to the travelers bank account.

Payment

Payment of deposit and balance

Payment terms: 30% deposit per person at the time of booking a safari. The remaining balance is due 60 days prior to commencement of arrangements. Payments (deposit & final balance) may be made by direct bank transfer to our Swedish bank account Payment details will be included with our confirmation 

Responsibility of traveller

Travel carries some measure of inherent risk including, but not limited to, the hazards of traveling in underdeveloped areas where road conditions and other facilities may be poor or lacking; the forces of nature; and accident or illness in remote regions without means of rapid evacuation. 

Bookings are accepted on the specific condition that Marafiki Safaris. The right is reserved to substitute hotels of comparable status and to make any changes in the itinerary where deemed necessary or caused as a result of adverse road or weather conditions, disruptions to airline schedules or any other valid reason.

While all precautions are taken to ensure the passenger’s safety and enjoyment on these tours, Marafiki Safaris shall not be liable for death, injury, delay, loss or damage arising from any cause and in any manner whatsoever or change of itinerary or act, including any acts of terrorism, acts of God and government, neglect, accident, error or omission caused by any of these suppliers or independent contractors, their employees, representatives or any event beyond the control of Marafiki Safaris. All baggage is carried at the passenger’s own risk, and Marafiki Safaris reserves the right to exclude certain baggage at its discretion. The airlines used to provide safari flights 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.

It should be noted that the types of vehicles used for safaris on rough roads in East Africa are different from tour vehicles on the highways in developed countries and normally they do not have air-conditioning other than the standard ventilation fan.  The Safari Landcruisers used throughout Africa for overland road safaris on the main highways beyond the parks are of a standardised design with sliding passenger windows.  Open-sided safari viewing vehicles may be used inside the parks and conservancies. In most of the safari lodges where electricity is provided by a generator, these are turned off late at night until the following day. Water from taps in bathrooms is not suitable for drinking and bottled water is provided for drinking and cleaning teeth. The roads between the parks may have rough stretches and the overland journeys can be lengthy as tour vehicles are limited to a maximum speed of 50 miles per hour, so flights between camps are always recommended in preference 

Itinerary Terms & Conditions

Accommodation:

The right is reserved to substitute hotels of comparable status and to make any changes in the itinerary where deemed necessary or caused as a result of adverse road or weather conditions, disruptions to airline schedules or any other valid reason.

Internal Flights: 

Min Pax Flight Policies: Please note that some flight carriers, including Safarilink and Air Kenya have a minimum 2 pax fly policy (and on some routes it is 4 pax including Kilimanjaro-Wilson; In the event that you are the only person (or 2-3 people for 4 pax flights) booked on the flight, they may at their discretion ask for additional payment for the empty seat. Please be assured that Rafiki Safaris will advise you in advance if you are the only person booked to travel and will also work with the flight carrier to avoid any additional costs to you.

Please be aware however, there are no guarantees as this is the carrier policy and not a policy of Marafiki Safari.