HOPIAN HOLIDAYS LTD TERMS AND CONDITIONS

Introduction

Welcome to Hopian Holidays Ltd, a registered and licensed tours and travel company based in Kenya, offering bespoke tours, safaris, and travel services across Kenya and beyond. These Terms and Conditions govern the relationship between the company and its clients, and outline the rights, responsibilities, and obligations of each party.

By booking any tour or travel service with us, you (the “Client”) acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. This agreement becomes effective upon receipt of a booking confirmation from Hopian Holidays Ltd, whether delivered by email, in person, or through any other official channel.

These Terms and Conditions are intended to ensure transparency, protect your rights, and help us provide a safe and enjoyable travel experience. If you have any questions or require clarification, we encourage you to contact us before making a booking.

PART A: TERMS AND CONDITIONS FOR TOURS

1. Booking Procedures

1.1. All bookings must be made through our official website, email, phone number, or in person.

1.2. A completed booking form and a non-refundable deposit of 50% of the total tour cost is required to secure the reservation.

1.3. The balance must be paid no later than 45 days prior to the start of the tour.

1.4. For last-minute bookings (within 45 days), full payment is required at the time of booking.

2. Pricing

2.1. All prices are quoted in [KSH/USD/EUR] and are subject to change without prior notice due to currency fluctuations, park fee adjustments, or other unforeseen circumstances.

2.2. Prices include all services specified in the itinerary (transport, park fees, accommodation, meals as stated, and guide services).

3. Tour Inclusions and Exclusions

3.1. Inclusions are clearly specified in each tour package and may include transport, accommodation, meals, park entry fees, and guide services.

3.2. Exclusions include international flights, travel insurance, visas, personal expenses, tips, alcoholic beverages, supplementary charges imposed by hotels and any optional activities not listed in the itinerary.

4. Changes by the Client

4.1. Requests to amend bookings must be made in writing.

4.2. Changes are subject to availability and may incur additional costs.

4.3. Reductions in group size may result in re-pricing of the tour.

5. Cancellations by the Client

5.1. All cancellations must be communicated in writing. The following charges apply:

More than 45 days before departure: 30% of total tour cost.

30–45 days before departure: 50% of total tour cost.

29–15 days before departure: 75% of total tour cost.

0–14 before departure or no-show: 100% of total tour cost.

N.B. During certain periods of travel (PEAK times), the company may not adhere to cancellation policies as stipulated above due to making advance FULL non-refundable payments to various hotels, lodges and service providers and as such cancellation during this time is 100%.

6. Alterations by the Company

6.1. The company reserves the right to cancel or alter itineraries due to unforeseen circumstances such as natural disasters, bad weather, road conditions, political unrest etc.

6.2. In such cases, an alternative arrangement, a rescheduling or full refund will be offered.

7. Client Responsibilities

7.1. Clients must ensure they are physically fit for the chosen tour.

7.2. It is the client’s responsibility to obtain appropriate travel documents and vaccinations.

7.3. Clients must follow safety instructions and respect local cultures and environmental guidelines.

8. Wildlife & Environment

8.1. Sightings of wildlife cannot be guaranteed.

8.2. Clients are expected to follow all park and conservation rules to ensure safety and environmental sustainability.

9. Travel Insurance

9.1. Comprehensive travel insurance is mandatory and must cover medical expenses, personal accidents, cancellations, loss of luggage, and personal liability.

9.2. The company shall not be held responsible for any loss incurred due to lack of proper insurance.

10. Liability and Risk

10.1. Adventure travel involves inherent risks. Participation is voluntary, and clients assume full responsibility.

10.2. Hopian Holidays Ltd is not liable for injury, illness, death, loss, or damage to personal property during the tour.

10.3. The company is not responsible for any loss or delays caused by third-party providers (hotels, airlines, etc.).

11. Complaints

11.1. Any complaints must be reported immediately to the tour guide or company representative.

11.2. Formal written complaints must be submitted within 7 days of tour completion.

PART B: TERMS AND CONDITIONS FOR TRAVEL SERVICES

12. Flight Bookings

12.1. Flight prices and availability are subject to change until payment is made in full.

12.2. Clients must verify flight details (names, dates, times) before confirming.

12.3. Once issued, airline tickets are subject to the terms of the airline, including fees for changes or cancellations.

13. Hotel Bookings

13.1. Hotel bookings are made on behalf of the client and are subject to availability and the policies of the hotel.

13.2. Cancellations and changes may incur charges as per hotel policy.

13.3. Any disputes regarding hotel services must be resolved directly with the hotel, unless booked as part of a full tour package.

14. Visa Assistance

14.1. We assist with visa applications where applicable, but approval is at the discretion of the relevant embassy or consulate.

14.2. The company is not liable for any delays, costs, or rejections related to visa processing.

15. Travel Documents

15.1. Clients are responsible for ensuring their passport is valid for at least 6 months beyond the travel dates.

15.2. Any travel restrictions or bans (e.g., COVID-19 regulations) must be reviewed by the client.

16. Refunds and Disputes

16.1. Refunds for travel services are subject to the policies of third-party providers.

16.2. A service charge may apply to process cancellations or refunds.

16.3. Complaints must be submitted within 7 days of the end of service, in writing.

GENERAL TERMS

17. Force Majeure

17.1. The company is not liable for failure to perform due to events beyond its control, including war, riots, natural disasters, pandemics, government restrictions, or strikes.

18. Data Protection

18.1. Client information is kept confidential and is used solely for the purpose of fulfilling bookings, complying with legal requirements, and marketing with consent.

19. Subcontracting and Third-Party Services

19.1. Hopian Holidays Ltd reserves the right to subcontract any part of the services provided under these Terms and Conditions to third-party providers, including but not limited to transport operators, accommodation providers, airline companies, tour guides, and local service providers.

19.2. While we carefully select our subcontractors to ensure quality and safety, we do not have direct control over their operations and shall not be held liable for any acts, omissions, delays, or failures on their part, except in cases of proven gross negligence by Hopian Holidays Ltd.

19.3. Clients acknowledge that subcontracted services are subject to the terms and conditions of the respective third-party providers, and agree to comply with those terms where applicable.

19.4. In the event a subcontractor is unable to deliver the agreed service, Hopian Holidays Ltd will make every reasonable effort to arrange an alternative of equal or greater value. No refunds or liability will be provided for changes made under such circumstances beyond our control.

20. Governing Law

20.1. These terms are governed by the laws of the Republic of Kenya.

20.2. Any legal disputes shall be settled in a court of competent jurisdiction in Kenya regardless of the client’s nationality.

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