1) Definitions & Scope
Company: “Zaya Travels & Tours” (“we”, “us”, “our”), a travel company registered in Kenya. Client/Traveler: the person(s) purchasing or participating in services. Services: all offerings listed on our site including tour packages; transport; accommodation; guides; planning; ticketing; special-interest; corporate travel; and insurance facilitation.
We operate as principal on our own products and as agent for third-party suppliers (e.g., airlines, hotels, rail, parks, car rental firms). Your contract for third-party components is with the supplier; their terms apply in addition to these terms.
These terms are governed by the laws of the Republic of Kenya and apply to clients from the USA, Europe, Asia, and elsewhere. Mandatory consumer protection rules in your country of residence remain unaffected where applicable.
2) Bookings, Pricing & Payment
- Quotes: Subject to availability and supplier changes until deposit is received and written confirmation issued.
- Deposits: Unless specified otherwise: 30% to confirm land arrangements; 100% for flight/rail/attraction tickets at time of ticketing; certain lodges/camps may require higher or non-refundable deposits.
- Balance: Due 45 days before start date. Late payment may lead to cancellation per Section 3.
- Methods: Bank transfer, major cards, or mobile money as advised. All bank/card fees are borne by the payer.
- Dynamic Pricing: Prices may change due to exchange rates, taxes, park fees, fuel surcharges, or supplier actions before full payment.
- Vouchers & Documents: Issued after full payment is received and cleared.
- Chargebacks: Unwarranted disputes may incur administrative and legal costs recoverable from the client.
3) Changes, Cancellations & Refunds
3.1 Client-initiated
- Amendments: We will assist subject to availability and supplier rules. Change fees (ours + supplier) apply.
- Cancellation schedule (land services):
- > 60 days: loss of deposit
- 59–31 days: 50% of total
- 30–15 days: 75% of total
- ≤ 14 days / no-show: 100% of total
Some suppliers (e.g., certain lodges, festive periods) are fully non-refundable at booking.
- Tickets (air/rail/attractions): Follow fare/rule of the carrier or venue; many are non-refundable/non-changeable.
3.2 Company-initiated
- If we must cancel due to reasons within our control, you may receive a full refund of amounts paid to us for the affected service, or accept a comparable alternative.
- We are not liable for Force Majeure (Section 18) or third-party cancellations; we will assist to claim any refunds offered by suppliers.
Refund method: Same form of original payment minus unrecoverable supplier costs, bank fees, and our reasonable admin fee. Processing times depend on the supplier and bank networks.
4) Tour Packages & Day/City Tours
- Inclusions/Exclusions: As per your itinerary/voucher. Items not specified are excluded.
- Group Tours: Shared vehicles, fixed schedules, minimum numbers may apply; we may merge groups or cancel with refund if minimum is not met.
- Private & Custom: Tailored services may vary due to park rules, weather, or safety advisories.
- Adventure & Fitness: Some activities require suitable fitness (e.g., hikes). You accept inherent risks.
- Children/Minors: Must travel with a parent/guardian or provide notarized consent per Kenyan law.
- Client Conduct: We may refuse service or remove a traveler who endangers others, violates laws, or ignores guide instructions; no refunds in such cases.
5) Transport Services
5.1 Airport Transfers / Coach/Bus
- Flight monitoring included; waiting policies advised in your voucher. No-show after waiting window is chargeable.
- Seatbelts must be worn. Luggage must fit safely inside the vehicle.
5.2 Car Rentals
- Eligibility: Valid license (min. 2 years), passport/ID; minimum age and deposit per supplier.
- Insurance: Standard cover with excess; damage, theft, tires/windscreen, underbody, and off-road use may be excluded unless you purchase additional cover.
- Use Restrictions: No drunk/drug driving; off-road or cross-border use only with written permission.
- Fuel & Fines: Return with same fuel level; traffic/parking fines and tolls are the renter’s responsibility.
5.3 Rail & Ferry
- Subject to operator schedules, security, and ID requirements. Missed departures are treated as no-shows.
5.4 Flights (Domestic/International)
- We usually act as agent. Contract, conditions of carriage, baggage rules, and liability are per the airline/IATA and applicable treaties.
- Names must match passports. Carriers may change schedules/routes; our role is to assist with options per fare rules.
- Baggage fees, seat selection, and special services are per airline policy and may be extra.
6) Accommodation Booking
- Hotel/resort/guest house/hostel/vacation rental/AirBnB bookings are subject to each property’s rules (check-in/out, deposits, damages, incidentals, noise policies).
- Overbooking: property may relocate you to a comparable option; our liability is limited to amounts we control.
- Rooming & Bedding: specific bed types or adjoining rooms are on request and not guaranteed unless stated.
7) Tour Guide Services
- We use licensed local experts where required. Language options are on request and subject to availability.
- For wildlife, you must keep safe distances and follow guide/ranger instructions at all times.
- Photography: respect local cultures and private property; permits may be required in some areas.
8) Travel Planning & Consultation
- Advisory services are based on good-faith information at the time. Conditions can change (weather, park rules, supplier policy).
- Visa assistance is guidance only; approval is by the issuing authority and not guaranteed.
- You are responsible for accurate personal details, special needs disclosure, and timely decisions/payments to secure availability.
9) Ticketing (Flights, Rail, Attractions, Theme Parks)
- Most tickets are non-refundable/non-transferable once issued; changes follow fare rules and may incur fees and fare differences.
- Attraction/theme-park tickets may be date-specific and require ID. Lost tickets/passes may not be replaceable.
- We do not authorize refunds beyond supplier rules and are not responsible for venue capacity controls or closures; we will assist with any relief offered.
10) Special-Interest & Corporate Travel
10.1 Special-Interest (Honeymoon, Pilgrimage, Wildlife, Eco, Food & Wine, Festivals)
- Permit-based or seasonal activities (e.g., certain conservancy entries, festivals) are subject to availability and local regulation.
- Some experiences may require proof of insurance, fitness, or specialized equipment.
10.2 Corporate Travel
- Billing terms may be set by separate service agreements (SLAs). Absent an SLA, these Terms apply.
- We respect confidentiality and applicable data laws when handling traveler profiles and itineraries.
11) Travel Insurance
- We strongly recommend comprehensive cover (medical, evacuation, cancellation/interruption, baggage). Certain tours/activities may require proof of cover.
- Claims are processed by your insurer under policy terms. Our role is to assist with documentation.
12) Health, Safety & Conduct
- You must comply with local laws, park rules, safety instructions, and health advisories (including vaccinations where recommended).
- Wildlife areas require caution; do not feed or approach animals; drones may be restricted or prohibited.
- We may refuse services to intoxicated, abusive, or unsafe travelers without refund.
13) Visas, Entry & Documentation
- Passports must be valid for the required period (often 6+ months) with sufficient blank pages.
- Visas, transit permissions, vaccination proofs (e.g., Yellow Fever) are your responsibility unless expressly included.
- Denied boarding/entry due to documentation issues is treated as a client-initiated cancellation.
14) Currency, Taxes & Fees
- Prices are typically quoted in KES or USD/EUR. If you pay in a different currency, the exchange rate applied will be our bank/processor’s rate at the time of payment.
- Park fees, VAT, bed levies, service charges, airline surcharges, and fuel may change without notice until fully paid.
- All bank, card, or mobile money fees are payable by the client.
15) Data Protection & Privacy
We handle personal data in line with Kenya’s Data Protection Act and applicable foreign laws where required. See our Privacy Policy for details on collection, use, and international transfers (e.g., to airlines/hotels for booking).
16) Intellectual Property
All website content, itineraries, and materials are owned by us or used under license. You may not copy, resell, or republish our materials without written consent.
17) Liability & Indemnity
- To the maximum extent permitted by law, we are not liable for indirect, incidental, or consequential losses.
- For services we directly provide, our total liability shall not exceed the amounts paid to us for the affected service.
- For third-party services, we act as agent and are not responsible for their acts/omissions. Your remedies lie with the supplier; we will assist where possible.
- You agree to indemnify us against losses arising from your breach of these terms, unlawful conduct, or damage you cause to suppliers.
18) Force Majeure & Itinerary Changes
We are not liable for failure or delay caused by events beyond our reasonable control, including but not limited to acts of God, weather, epidemics, government actions, strikes, war, civil unrest, road closures, wildlife activity, or supplier insolvency.
We may modify routes, timings, accommodations, vehicles, or activities to ensure safety or due to operational reasons. We will offer comparable alternatives where feasible.
19) Complaints & Dispute Resolution
- Report issues immediately to your guide/driver or our 24/7 support so we can try to resolve them on the spot.
- Unresolved matters: write to support@zayatravelsandtours.com within 14 days of trip end with details and evidence.
- Governing Law: Laws of the Republic of Kenya.
- Disputes: Good-faith negotiation → mediation in Nairobi → if unresolved, binding arbitration under the Kenyan Arbitration Act; seat Nairobi; language English. Mandatory consumer rights in your home jurisdiction remain unaffected.
20) General Provisions
- Severability: If any clause is invalid, the remainder remains effective.
- Assignment: You may not assign bookings without written consent.
- Entire Agreement: These terms, your itinerary/voucher, and applicable supplier terms form the entire agreement.
- Updates: We may update these terms at any time; the version in force at payment/confirmation applies to your booking.
Zaya Travels & Tours • Nairobi, Kenya • support@zayatravelsandtours.com • Tel: +254 721 288 109
