TERMS AND CONDITIONS

Thank you for selecting Travelart Limited (trading as Travelart Africa) as your preferred travel partner. We are committed to delivering outstanding travel experiences and making your journey as seamless and enjoyable as possible. Before confirming any booking, please ensure you have thoroughly read and understood the terms and conditions that apply to our services. Should you have any questions, we are always available to assist you.

ACCEPTANCE OF TERMS

These Terms and Conditions constitute a legally binding agreement between Travelart Africa (“we”, “us”, “our” or “The Company”) and you, the client, governing the purchase of any travel products and services through our website or directly with our agents. By making a booking, you agree to these terms.

MODIFICATION OF OUR TERMS AND CONDITIONS

We reserve the right to amend or update our terms and conditions at any time. Any revisions will take effect immediately once published on our website, and your continued use of the site constitutes acceptance of the updated terms. If changes are made, clients with existing bookings will be notified by email. The revised terms will automatically apply from that point onward.

INTELLECTUAL PROPERTY

The content, logos, trademarks, texts, documents, graphics, images, and other intellectual property on our website are owned by or licensed to Travelart Africa and are protected by applicable intellectual property laws. You may not use, reproduce, modify, distribute, or display any of our intellectual property without our prior written consent.

PRICING

Our pricing is determined by the type of trip you choose to book. While the company has utilized its best endeavours to ensure the accuracy of the prices, such prices are subject to change as a result of factors beyond the company’s reasonable control, in such an event, the company shall utilize its best efforts to notify clients of such change as soon as possible.

The price and activity package includes only those services/items that are included as per the itinerary and the dossier, and the client shall be responsible and pay for any additional items where, as required by the company from time to time, such payment is made either directly to a third party service provider or to the company for settlement with a third party service provider.

All prices are quoted in United States of America Dollars or Kenya Shilling, unless otherwise stated. If you wish to pay in a currency different from that indicated, please request the applicable exchange rate in advance.

All prices on the website should be used as a guideline only.

Additional charges may arise due to factors beyond our control, including—but not limited to—increases in transportation costs (such as fuel, scheduled airfares, airline surcharges, landing taxes, or embarkation and disembarkation fees at ports or airports), as well as increases in park, reserve, or concession fees, or fluctuations in exchange rates relevant to your package. The price of your itinerary is based on the costs known at the time it is issued.

Clients should be aware that government-regulated fees and taxes—such as those for national parks or museums—may change unexpectedly and without prior notice. Travelart Africa reserves the right to apply a surcharge if such costs change after the itinerary has been issued. If any surcharge exceeds 10% of the total trip price, you may cancel your booking and receive a full refund of all payments made.

We also reserve the right to amend or correct any pricing errors in advertised offers at any time before your trip is confirmed. If any discrepancies are identified, we will notify you of the correct price at the time of booking.

BOOKING

Reservations are required to be made in writing and with as much notice as possible. You are responsible for providing accurate and complete information during the booking process, including names as they appear on passports and all necessary contact details. Any fees resulting from inaccurate information will be your responsibility.

At its sole discretion, Travelart Africa may accommodate a request for a provisional booking. Unless confirmed by you in writing/by email within the relevant timelines, provisional bookings will be released automatically without further notification to you. A booking is considered confirmed when the company sends written confirmation of the booking to you. The company reserves the right not to confirm the booking until the full amount set out in the invoice received by client is paid and has been received by the company and/or all the relevant documentation has been signed and completed in full by the client.

TRAVEL

• All airfare rates are subject to change at any time prior to ticket issuance, without prior notice.
• Flight seats are subject to availability at the time of confirmation.

PAYMENT

All payments which are due shall be paid by either (i) wire transfer to the Company’s bank account, (ii) the company’s mobile payment account or (iii) by credit card using a secure payment link which shall be provided to you by the Company. 

Bank charges are for the account of the remitter. To cover the cost of processing a credit or charge card transaction, the company imposes a surcharge of 3.5% for all credit card payments, including the deposit and all balance payments.

Payment is accepted at the rate of exchange at the time of receipt of payment.

MODIFICATIONS

Travel

• Always provide the exact name as it appears on the passport, as name changes are not permitted once a booking has been confirmed.
• Once a ticket has been issued, any changes will incur applicable fees, unless the ticket is canceled on the same day of issuance (in which case standard change and refund policies will apply). As a reminder, flight schedules and fares are subject to change without prior notice. Flight seats are subject to availability at the time of confirmation. Changes will only be actioned once payment has been received.

By the client

You may request any changes at any time in writing to the company. In such circumstances, and subject to availability and the company’s ability to accommodate any change request, the company shall provide you with a revised quotation incorporating the changes.  If the revised booking requires you to make any additional payments, then the company shall also issue you with a new invoice incorporating such changes. Any additional costs associated with the change (e.g., higher rates on new dates) shall be borne 100% by the client and shall not come into effect unless and until the additional payment(s) have been received in respect of your booking. Any changes requested by you and accepted by the company, including (without limitation) changes to the dates, will be subject to the cancellation rates.

By Travelart Africa

While it is unlikely that any changes will be made to your booking arrangements, we reserve the right to amend them at any time. Most changes are expected to be minor, and we will notify you in writing as soon as reasonably possible. In the event that a major change becomes necessary, such as a significant modification to your flights, all accommodation arrangements, or all planned activities, and provided the change is not caused by force majeure events or airline schedule alterations, Travelart Africa will make every reasonable effort to maintain the overall quality and comparable experience of the original itinerary.

We cannot accept liability or provide compensation where changes or cancellations are required due to unforeseen or exceptional circumstances beyond our control that could not have been avoided, even with all reasonable care. Likewise, no compensation or alternative options will be offered if a cancellation results from your failure to comply with our booking conditions if the change in minor. A minor change is defined as a change that does not materially affect your confirmed booking or significantly alter the arrangements communicated to you at the time of booking.

CANCELLATIONS

Cancellation of a booking must be made in writing and will only take effect once such written cancellation has been received and acknowledged by Travelart Africa.

Travel

• Airline ticket cancellations are subject to the rules of the respective airline. Passengers should obtain full details of the airline’s cancellation policy in writing prior to confirmation and/or at the time of cancellation.

Tours

If a client cancels a booking for any reason (other than death or hospitalization), the client will be liable to pay a cancellation penalty. This penalty is determined based on the nature of the booking, the notice period provided, and the reasonable opportunity to secure alternative customers. Based on these factors, the following percentages of the arranged tour price may be forfeited in the event of a no-show, depending on the number of days between receipt of the cancellation notice and the departure date:

• More than 90 days before departure – 90% refund of the total trip cost.
• 61–90 days before departure – 70% refund of the total trip cost.
• 31–60 days before departure – 50% refund of the total trip cost.
• 0–30 days before departure – No refund will be issued.

The above cancellation fees also apply to any pre-booked or pre-paid activity packages and will be charged if a tour is canceled. No refunds will be made for no shows, or any unused services.

The company reserves the right to cancel any tour at any time, for any reason, upon notice to the client.

Non-Refundable Items

Certain fees and costs are non-refundable. This includes, but is not limited to:

• Non-refundable deposits of 10% on all tours
• Visa
• Insurance
• Permits
• Taxes

We cannot accept liability where the performance, or prompt performance, of our contractual obligations is prevented or affected by your failure to comply with applicable local laws or with the regulations of tours, carriers, and accommodations. If you fail to comply with these requirements, commit any illegal act, or if Travelart Africa (acting reasonably) believes that your behavior is causing, or is likely to cause, danger, distress, or material inconvenience to others, Travelart Africa reserves the right to terminate your travel arrangements without liability. In such cases, you will not be entitled to any refund for unused or missed services or for any costs incurred as a result of the termination.

FORCE MAJEURE

We cannot accept liability where the performance, or prompt performance, of our contractual obligations is prevented or affected, or where you suffer any damage or loss as a result of force majeure. Force majeure includes (but is not limited to) riot, war, threat of war, outbreak of an epidemic or pandemic disease, civil disobedience or strife, actual or threatened terrorist activity, industrial dispute, acts of God, natural or nuclear disaster, fire, adverse weather conditions, water levels, technical or maintenance problems with transport providers, cancellation or amendment of any scheduled flight, closure of airports, or any unforeseeable or unavoidable event beyond our control.

In circumstances amounting to force majeure, we cannot refund any money to you. However, if we are able to recover any monies from our service providers, we will refund these to you. In any case, you are not entitled to additional compensation. Passengers should, at all times, be covered by cancellation insurance in the event of force majeure.

GROUPS

Definition of a Group Tour

A group tour is an organized trip with set departure dates and a planned itinerary that individual travelers can join. These tours require a minimum number of participants, as outlined in the offer, and are governed by the general terms and conditions of Travelart Africa.

Provisional vs. Confirmed Bookings

A booking remains provisional until the required minimum number of participants is reached. Once this threshold is met, the tour is confirmed. The lead booker will receive written confirmation—no later than the deadline specified by Travelart Africa and at least 30 days before departure—after which the booking becomes final.

Minimum participants and cancellation policy

Travelart Africa reserves the right to cancel a group tour if the minimum number of participants is not met, as long as this decision is made at least 30 days before departure. In such cases, customers will receive a full refund of all payments within 14 days of the cancellation notice. No additional compensation, including indirect or consequential damages, will be provided.

Where possible, Travelart Africa may offer an alternative, such as:

• Joining another group tour on a different date, or
• Booking a private safari under revised terms.

If the customer chooses an alternative, the terms and pricing applicable at that time will apply.

Changes to group tours

Travelart Africa may make minor adjustments to the itinerary if needed. If major changes occur, customers will be offered suitable alternatives or the option to cancel free of charge and receive a full refund.

Participant responsibilities

Group tour participants agree to follow the shared itinerary, use common transportation, and take part in group activities. Travelers are expected to be considerate of others in the group and to follow schedules and instructions given by guides and drivers.

CARRIERS

Air, rail and/or sea transportation, whether international or domestic, is subject to the terms, conditions, and regulations of the respective carriers and applicable international conventions. Travelart Africa shall not be held liable for cancellations, strikes, schedule changes, diversions, technical problems beyond the Company’s control, lost or delayed baggage, additional costs arising from rescheduling, missed accommodation, or delays resulting from operational decisions made by the carrier, even where the booking was arranged by us. Nevertheless, we will make every reasonable effort to ensure that the booked itinerary is carried out as smoothly as possible.

Commercial transportation services may occasionally be subject to schedule changes. In such cases, travelers will be informed at the earliest possible opportunity, and all reasonable steps will be taken to minimize disruption to the planned itinerary.

The Company shall not be liable for any failure or delay in performance arising from the traveler’s own actions or omissions, unavoidable or extraordinary circumstances, or the acts or omissions of third parties not directly engaged by Travelart Africa in the provision of travel services.

Flights are operated by carriers that are duly licensed and regulated by the competent aviation authorities in their respective jurisdictions and are subject to safety oversight frameworks aligned with standards and recommended practices established by the International Civil Aviation Organization (ICAO). The inclusion of an airline on any national, regional, or international safety oversight, monitoring, or restriction list may reflect broader regulatory, administrative, or governmental oversight considerations and should not be construed as evidence of specific safety deficiencies or operational shortcomings of the individual airline concerned.

INSURANCES

Travelers are responsible for obtaining and maintaining adequate comprehensive travel and medical insurance for themselves and any dependents or travelling companions throughout their trip. Such insurance should include cover for medical expenses and repatriation costs, and is strongly recommended to also cover personal baggage and effects, foreign and local currency, travellers cheques, personal accident, cancellation or curtailment of the safari, emergency evacuation expenses (including flying doctors), and damage, theft, or loss of personal baggage, money, and goods.

Travelart Africa strongly recommends that passengers obtain sufficient travel insurance, particularly for medical and cancellation cover. If suitable insurance is not available in the passenger’s country of origin, it may be arranged through us prior to arrival.

Obtaining sufficient insurance coverage is the client’s sole obligation and option and the company is and will not be subject to any liability arising out of their choice to purchase insurance coverage, whether such purchase is through the company or a third party.

MEDICAL CONDITIONS AND DISABILITIES

If you or anyone in your travelling party has a medical condition, disability, or special requirement that may affect your trip, you must inform us before confirming your booking so that we can assess the suitability of the proposed arrangements. Full details must be provided in writing at the time of booking. We reserve the right to decline a booking if we reasonably believe we are unable to meet the traveller’s specific needs adequately. If relevant information is not disclosed at the time of booking, we also reserve the right to cancel the booking once we become aware of such circumstances.

TRAVEL DOCUMENTS

It is your responsibility to ensure that your passport remains valid for at least six (6) months beyond the scheduled return date of your trip.

You are also responsible for familiarizing yourself with all applicable visa requirements, travel regulations, and entry conditions for each country included in your itinerary.

Obtaining the necessary visas is the responsibility of the traveler, unless otherwise expressly agreed in writing. Travelart Africa cannot be held liable for any impediment suffered by a traveler as a result of failure to possess proper and complete travel documents or costs involved with obtaining them. In certain cases, the company may agree in writing to assist with visa arrangements on your behalf at the time your trip confirmation is issued. Any costs associated with visa procurement are not included in the tour price outlined in proposals or itineraries and, where applicable, will be charged separately. If the company agrees to assist in obtaining visa documents on your behalf, it shall not be held responsible for any failure to issue the visa, delays, or any related acts, omissions, losses, expenses, damages, or costs arising therefrom. You acknowledge that only Embassies, Consulates, High Commissions, and sovereign governments have the authority to approve or deny passports, visas, immigration clearances, and other official travel permits.

The company is not responsible for typographical errors, inaccuracies, or mistakes relating to visa details, including but not limited to name spelling, visa category, or validity period. It is your responsibility to ensure that any visa application submitted to the company is correctly completed, provided in the required format, and accompanied by all necessary documents and photographs within the stipulated timelines so that processing can proceed effectively. You are also responsible for carefully reviewing your visa upon issuance to identify any errors or discrepancies. The company shall not be liable for any visa rejection resulting from incomplete, incorrect, or insufficient documentation, or for any other reason beyond its control.

If you are unable to proceed with your travel due to visa rejection, non-issuance, or issuance of an incorrect visa, you may choose to cancel or reschedule your trip in accordance with the applicable terms and conditions.

RISKS

You acknowledge and accept that participation in any tour involves inherent risks, including the possibility of illness, injury, emotional distress, property damage, or death. Such risks may include exposure to infectious diseases through contact with individuals, surfaces, or environments, as well as the potential transmission or contraction of illness directly or indirectly during the course of travel. You further understand that these risks may arise from the acts, omissions, negligence, or misconduct of other travelers, contractors, subcontractors, or third parties, and may result from both foreseeable and unforeseeable circumstances. By participating in the tour, you voluntarily assume all such inherent risks associated with travel and tour activities. You confirm that you are physically and mentally fit to participate in the tour and that you are choosing to do so voluntarily and with full knowledge of the potential risks involved. You accept full responsibility for any injury, loss, damage, or harm suffered by you or caused by your actions during the trip. The Company reserves the right, at its sole discretion, to accept or refuse any participant and to exclude any traveler from a tour activity if it reasonably believes that the individual is unable to safely participate or may pose a risk to themselves or others.

It is your responsibility to disclose, at the time of booking or as soon as reasonably possible thereafter, any medical condition, disability, or physical limitation that may affect your ability to participate safely in a trip. You acknowledge that you are best placed to assess your own health, capabilities, and limitations, and you agree to provide the company with complete and accurate information regarding any such conditions or restrictions.

INDEMNIFICATION AND EXCLUSION OF LIABILITY

In no event shall the company be liable to you, other travelers or to any third party for any loss of use, revenue or profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

The company takes no responsibility for, and the company is not liable for, any loss of life, limb, property, money, sickness, delay, discomfort, or hardships sustained by you on account of any act or omission of any third party, including third party service providers hired or booked by the company to provide services for the trip. You agree to seek remedies directly and only against those third-party service providers and not to hold the company responsible for their acts or omissions. In addition, the company also takes no responsibility for, and the company is not liable for, any act or omission of you or any other travelers, or any resulting injury, damage, danger to life, limb or property, delay or hardships to you or any other traveler as a result of such act or omission.

The company is not liable for injury, illness, or death of you or any other traveler unless directly caused by the gross negligence or willful misconduct of the company. For the purposes of these general terms and conditions, any injury, illness or death of you or any other traveler caused by a force majeure event will not be deemed to be directly caused by the gross negligence or willful misconduct of the company.

OBLIGATION TO COOPERATE AND YOUR CONDUCT

You are required at all times to cooperate with all third-party service providers involved in your trip, including airline personnel, hotel staff, tour guides, activity instructors, local ground handlers, and other service providers. You must also provide reasonable assistance in helping to prevent, minimize, or mitigate any disruption, delay, or damage that may arise during the provision of services. Should you experience any issue, complaint, or concern relating to a third-party service provider, you must notify the company immediately so that the matter may be assessed and, where appropriate, addressed at the company’s discretion. You are solely responsible for any personal purchases, bookings, or transactions made independently during the trip  that are not included in the contract. The company accepts no liability for such transactions unless they have been arranged directly through the company. You agree to comply with all applicable laws, regulations, rules, and codes of conduct in every country, state, city, or destination visited during the trip. Any consequences arising from your failure to comply with such laws or regulations, including fines, penalties, legal proceedings, or other liabilities, shall be your sole responsibility, and the company shall bear no responsibility for your actions or omissions. By entering into the contract, you confirm that you are at least 18 years of age and legally capable of entering into a binding agreement. You further confirm that you are not prohibited by any applicable law from using the services provided under the contract or from travelling to the destinations included in your itinerary. You also represent and warrant that all information provided to the company is true, accurate, and complete, and that you have not withheld or misrepresented any material information relevant to your booking or participation in the trip.

The Company reserves the right to refuse a booking or terminate its relationship with you if your behavior is considered disruptive, abusive, threatening, discriminatory, dangerous, or likely to cause distress, inconvenience, damage, or risk to other travelers, staff, agents, or property. This applies to conduct occurring before or during the Tour, whether communicated in person, in writing, or by telephone. If, during the trip, your conduct is deemed unlawful, disruptive, threatening, abusive, or otherwise detrimental to the safety, comfort, or enjoyment of others, the company may terminate your tour arrangements immediately without liability or refund. You may also be held financially responsible for any loss, damage, cost, or expense incurred as a result of your conduct, including but not limited to property damage, cleaning or repair costs, compensation claims, legal expenses, or costs arising from diversion of transportation services for your removal. Criminal or legal proceedings may also be initiated where appropriate.

For the purposes of this section, any reference to “you” or “your” shall include all persons travelling under your booking or reservation.

TRANSLATION OF THE TERMS AND CONDITIONS

These Terms and Conditions are drafted in the English language and may be translated into other languages for convenience. In the event of any inconsistency, ambiguity, or dispute arising from a translated version, the English version shall prevail, and its interpretation shall be final and binding.

MARKETING

You hereby grant Travelart Africa a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license and right to use, store, reproduce, copy, modify, adapt, edit, publish, exhibit, distribute, and otherwise utilize any photographs, films, videos, images, voice recordings, audio recordings, or other media (collectively, the “Images”) that are either produced by Travelart Africa and contain images or footage depicting you or your clients or are taken or created by you and provided or submitted to Travelart Africa at any time before, during, or after the trip. The images may be used by Travelart Africa for publicity, marketing, promotional, commercial, educational, or any other lawful purpose in any media, format, or publication, whether now known or developed in the future, without payment, royalty, compensation, or further consent. You acknowledge and agree that any images submitted to Travelart Africa shall become the property of Travelart Africa and will not be returned. You irrevocably authorize Travelart Africa to edit, alter, adapt, reproduce, publish, distribute, and otherwise use such Images, and waive any right to inspect or approve the finished product, as well as any right to royalties, compensation, or other claims arising from their use. Travelart Africa shall not be liable for any loss, damage, claim, or expense suffered by any guest arising from any misrepresentation made by you or any of your employees, agents, or representatives, whether such misrepresentation was made intentionally, negligently, or otherwise.

CUSTOMER SERVICE AND COMPLAINTS

Should you have any complaints, concerns, or issues, please contact us at info@travelart.africa. Our team is dedicated to delivering excellent service and will make every reasonable effort to respond to and address your query promptly.

JURISDICTION

The laws of the Republic of Kenya shall govern the relationship between Travelart Africa and the Operator / Travel Agent / passenger and the Courts of Nairobi of the Republic of Kenya, shall have sole jurisdiction, in respect of any claims and / or disputes of whatsoever nature, which may arise between Travelart Africa and the Agent and / or passenger. Contracts between the parties, as well as any subsequent variations thereto, shall be in writing.