GTCS General Terms and Conditions Jungle Roar Safaris LTD, Kenya – Status: 11.06.2024 1 Conclusion of the travel contract These terms and conditions apply exclusively to the entire business relationship between the customer and Jungle Roar Safaris LTD (hereinafter referred to as JR). By registering, the customer makes a binding offer to JR to conclude a travel contract on the basis of the tour description. The registration can be made in writing, verbally, by telephone or electronically (by email). The travel contract shall come into effect upon acceptance of the registration by JR, for which no special form is required. JR shall provide information on the conclusion of the contract in the written booking confirmation. If the content of the travel confirmation differs from the content of the registration, JR shall be bound by this new offer for 10 days. The travel contract shall be concluded on the basis of this new offer if the travel customer accepts the new offer within this period, which may also take the form of payment, and the travel contract shall be concluded on the basis of this new offer.

2. Payment

A deposit of 50% is due upon conclusion of the contract. Unless otherwise agreed, the balance shall be paid up to 4 weeks before departure. If the customer defaults on payment of the travel price in part or in full, JR is entitled, after issuing a reminder and setting a deadline, to withdraw from the contract and demand compensation in accordance with section 5.1.

3. benefits

The services that are contractually agreed are set out in the travel confirmation. Deviating services, e.g. from other brochures of the service providers, as well as special requests that change the scope of the planned services, are only binding if they are expressly confirmed in writing by JR. Individual third-party services provided by other companies which are not part of a package tour and which are expressly arranged on behalf of a third party, such as flight-only, rental cars, excursions and other events, are not JR’s own services.

4. service and price changes

4.1

Changes or deviations of individual travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and which were not brought about by JR in bad faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall design of the booked trip. Any warranty claims shall remain unaffected if the modified services are defective. JR undertakes to inform the customer immediately of any changes or deviations in services. In the event of a subsequent, significant change to an essential travel service, the customer is entitled to withdraw from the travel contract or to demand participation in an equivalent trip if JR can offer such a trip from its range at no extra cost. If necessary, the customer will be offered a free rebooking.

4.2 If the fees for park admission applicable at the time of conclusion of the travel contract change, or if new fees arise at the time of the trip, the pro rata amount must be settled by the customer before the start of the trip or, if the fees are reduced, paid by JR to the customer.

5. Withdrawal by the customer, rebooking, replacement persons

5.1

The customer may withdraw from the trip at any time before the start of the trip. The date of receipt of the declaration of withdrawal by JR shall be decisive. The customer is advised to declare the withdrawal in writing. If the customer withdraws from the travel contract or does not commence the trip, JR may demand compensation for the travel arrangements made and for its expenses. The compensation shall be calculated on the basis of the travel price less any expenses saved and any other use of the travel services. JR may also calculate this claim as a lump sum in a percentage of the travel price, taking into account the expenses usually saved and the usual possible income from any other use of the travel services in accordance with the following breakdown according to the proximity of the time of withdrawal to the contractually agreed start of the trip.

In any case, the customer is at liberty to prove that JR has incurred no or lower costs in connection with the cancellation. Cancellation costs for safaris and lodges are as follows:

up to 30 days before departure 20% of the total price

up to 22 days before departure 30% of the total price

up to 15 days before departure 60% of the total price

up to 8 days before departure 70% of the total price

up to 4 days before departure 80% of the total price

from the 3rd day before departure or in the event of non-arrival 90% of the total price shall be claimed as compensation.

Cancellation free of charge within 48 hours before the excursion/trip

We understand that plans can change. Therefore, we offer a free cancellation policy for all excursions and day trips if written notice (via email) is received within 48 hours of the scheduled excursion/trip.

Cancellation after 48 hours before the excursion/trip

Cancellations received after 48 hours prior to the scheduled excursion/trip will be subject to the following fees:

48 to 24 hours before the excursion/trip: 50% of the total amount of the excursion/trip

Less than 24 hours before the excursion/trip: 100% of the total amount of the excursion/trip
No-Show

In the event of a no-show without prior cancellation, the total amount of the excursion/trip will be charged.

Refunds

Refunds will be refunded to the original payment method within 7 working days of confirmation of cancellation.

Cancellation in writing

All cancellations must be made in writing by email to contact@jungleroar-safaris.com. Cancellation is deemed to have been made when you have received a confirmation e-mail from us.

5.2

Until the start of the trip (taking into account the time required for the organization), the traveller may request that a third party assumes the rights and obligations arising from the travel contract instead of him/her. JR may object to the entry of the third party if the third party does not meet the special travel requirements or if statutory regulations or official orders prevent their participation. If a third party enters into the contract, the third party and the traveler (applicant) shall be jointly and severally liable to JR for the travel price and any additional costs incurred as a result of the entry of the third party.

6. Travel insurance

The travel participant can take out travel cancellation insurance to cover the cancellation costs mentioned in section 5.1 (cancellation compensation). Jungle Roar Safaris LTD strongly recommends taking out such insurance.

7. Services not utilized

If the traveler does not make use of individual travel services due to premature return or for other reasons, JR shall endeavor to obtain reimbursement of the expenses saved from the service providers. This obligation shall not apply in the case of completely insignificant services or if reimbursement cannot be made possible.

8. Withdrawal and termination by Jungle Roar Safaris LTD

JR may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases: a) Without notice If the traveler persistently disrupts the execution of the trip despite a warning or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator terminates the contract for this reason, it retains the right to the travel price, but must offset the value of the expenses saved and the benefits it obtains from any other use of the unused service.

9. Cancellation of the contract due to exceptional circumstances

If the trip is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both JR and the traveler may terminate the contract. If the contract is terminated, JR may demand reasonable compensation for the travel services already provided or still to be provided at the end of the trip. Furthermore, JR is obliged to take the necessary measures, in particular, if the contract includes return transportation, to transport the traveler back. The additional costs for the return transportation shall be borne equally by both parties. Otherwise, the additional costs shall be borne by the travelers.

10. Liability of the tour operator

10.1 JR is liable within the scope of the duty of care of a prudent businessman for: (1) the conscientious preparation of the trip (2) the careful selection and monitoring of the service providers (3) the correctness of all travel services confirmed in writing (4) the proper provision of the agreed travel services.

10.2 JR shall be liable in accordance with No. 11 for any fault on the part of the persons entrusted with the provision of services.

11. Warranty

a) Remedy

If the trip is not provided in accordance with the contract, the traveler may demand redress. JR may refuse to remedy the situation if this requires disproportionate effort. JR may also remedy the situation by providing an equivalent replacement service.

b) Reduction of the travel price

The traveler may demand a corresponding reduction of the travel price (reduction) for the duration of a non-contractual provision of the trip. The travel price is to be reduced in the same proportion as the value of the trip would have been at the time of sale in a defect-free condition to the actual value. The reduction shall not apply if the traveler culpably fails to report the defect.

c) Termination of the contract

If a trip is significantly impaired as a result of a defect and JR fails to remedy the situation within a reasonable period of time, the traveler may terminate the travel contract within the framework of the statutory provisions – in his own interest and for reasons of preserving evidence, it is expedient to do so in writing. The same applies if the traveler cannot reasonably be expected to continue the trip as a result of a defect for an important reason recognizable to JR. It is only not necessary to set a deadline for remedial action if remedial action is impossible or is refused by JR or if immediate termination of the contract is justified by a particular interest of the traveler. The traveler shall owe JR the proportionate travel price attributable to the services used, unless the services used were of no interest to the traveler.

d) Compensation for damages

Irrespective of the reduction or termination, the traveler may demand compensation for non-performance, unless the defect in the trip is due to a circumstance for which JR is not responsible.

12. limitation of liability

12.1 JR’s contractual liability for damages other than personal injury is limited to three times the travel price, a) insofar as damage to the traveler is not caused intentionally or through gross negligence or b) insofar as JR is responsible for damage incurred by the traveler solely due to the fault of a service provider.

12.2 For claims for damages by the customer against JR in tort, which are not based on intent or gross negligence, JR’s liability for material damage per customer and trip is limited to three times the price of the trip. In this context, the customer is advised to take out travel accident and luggage insurance in his own interest. 11.d) remains unaffected, even if the liability there exceeds the above limitation.

12.3 A claim for damages against JR is limited or excluded to the extent that a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions on the basis of international agreements or statutory provisions based on such agreements that are applicable to the services to be provided by the service provider.

12.4 JR is only liable as an agent for third-party services provided by other companies that are not part of a package tour and that are expressly arranged on behalf of a third party (e.g. flight only, rental cars, excursions, sports and cultural events, etc.). Liability for agency errors is limited in accordance with the principles set out in 11.a to 11.d above.

12.5 JR shall not be liable for disruptions to performance due to force majeure, as well as any complication, endangerment or impairment of a significant nature due to unforeseeable circumstances, such as war or warlike events, hostilities, insurrection or civil war, arrest, confiscation or obstruction by state authorities or other persons, road blockades, quarantine measures, as well as strikes, lockouts or work stoppages for which we are not responsible.

13. duty to cooperate

The traveler is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions and to avoid or minimize any damage. In particular, the traveler is obliged to inform the local tour guide immediately of any complaints. The latter is instructed to take remedial action if this is possible. If there is no local tour guide, notifications of defects and requests for remedial action must be addressed to the tour operator at its registered office. If the traveler culpably fails to report a defect, there is no entitlement to a reduction in price or compensation.

14. exclusion of claims and statute of limitations

The traveler must assert claims against JR for non-contractual provision of the trip within one month of the contractually agreed end of the trip. After expiry of the deadline, the traveler may assert claims if he was prevented from meeting the deadline through no fault of his own. Notwithstanding this, lost luggage must be reported within 7 days and delayed luggage within 21 days of delivery. Contractual claims of the traveler expire after 12 months. The limitation period begins on the day on which the trip should end according to the contract. If the traveler has asserted such claims, the limitation period shall be suspended until the day on which JR rejects the claims in writing. Claims in tort are subject to the statutory limitation period.

15. passport, visa and health regulations

JR is responsible for informing nationals of the country in which the trip is offered about passport, visa and health regulations and any changes to these before the start of the trip. For nationals of other countries, the relevant consulate will provide information. JR is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, even if the traveler has commissioned JR, unless JR is responsible for the delay. The traveler is responsible for complying with all regulations relevant to the execution of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the traveler, unless they are due to culpable misinformation or non-information on the part of the tour operator.

16. invalidity of individual provisions

The invalidity of individual provisions of the travel contract shall not result in the invalidity of the entire contract.

17. Applicable law and place of jurisdiction

Contractual and legal relationships between JR and the traveler are governed by Kenyan law. The traveler may only sue JR at its registered office. The domicile of the traveler shall be decisive for legal action by the tour operator against the traveler, unless the action is directed against registered traders or persons who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or usual place of residence is unknown at the time the action is brought. In these cases, JR’s registered office shall be decisive.

18. Tour Agent/ Operator

Jungle Roar Safaris LTD
P.O. Box 3610, DIANI BEACH.
Kenya, June 2024