The following terms and conditions are valid as of 1st September 2024 and supersede all previous terms and conditions:
Preamble and Scope
- Safaris Unmasked is an online platform that provides a wide range of services and solutions including online booking, reservations and payments. Through the platform, travellers can easily find and book stays, flights, transfers, tours, safaris, cars, and experiences with the option of booking one service, combining services, or building an entire trip based on their individual preferences.
- The platform and all the intellectual property therein are owned and operated by Safaris Unmasked Investments Limited, a private company limited by shares and hereinafter referred to as ‘Safaris Unmasked’ or ‘we’ or ‘us’.
- The End-User Customer (hereinafter defined) gets to use the service upon being onboarded following the following onboarding procedure. The supplier onboarding procedure follows five steps, not in a specific order, including contract signature, verification of supplier details, approval of submitted documentation, registration on the online platform and going live.
- Once onboarded, the End-user customers will be provided with secure login credentials through the contact email provided and granted access to the Service Provider’s services by logging into the website www.Safaris Unmasked.com, choosing the services that one requires, making payment for the services and accessing the supplier’s services.
- End-user customers can make bookings via M-Pesa or through credit cards and bank transfers, where available. Another payment option is Lipa Pole Pole where a customer makes partial payments for their travel.
Terms Binding
- These terms and conditions constitute a binding agreement between you, the End-User Customer and Safaris Unmasked and regulate your use of all the services offered to you by Safaris Unmasked (the “Service”).
- These terms and conditions, as may be amended from time to time, apply to all our services offered on the Safaris Unmasked platform. By accessing, browsing, and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a booking, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below (including the Privacy Policy hereinafter referred to).
- We reserve the right to modify and update these terms and conditions from time to time, in order to improve on the terms and conditions, to address any changes in law, and incorporate any changes in the Service.
- We will post updated terms and conditions on our website. Although we will endeavour to notify you of any changes and updates in the terms and conditions, it is your responsibility to review the terms and conditions from time to time, and we will not be liable to you in any way should you fail to review the terms and conditions.
- If you find that the changes in the terms and conditions are unacceptable to you, you will be expected to terminate this agreement immediately and to stop any further participation in Safaris Unmasked.
- Your continued activity in Safaris Unmasked following our posting of a change notice or new terms and conditions on our website will constitute binding acceptance of that change.
- By continuing to use the Service following changes to the terms and conditions, you agree to be bound by the amended terms and conditions
- These terms and conditions, including any policies, rules, guidelines, and appendices referred to or incorporated in the terms and conditions, are the final agreement between you and Safaris Unmasked, and they supersede all previous agreements between you and us if there were any.
Supplemental Terms Incorporated
- These General Terms and Conditions are supplemented by, and are deemed to include, the following supplemental terms, policies and rules:
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- Privacy Policy;
- Any other terms, conditions or rules relating to any offers, promotions, or cash rewards that may be communicated to you or advertised by us from time to time.
- By using the Service, you agree to be bound by these terms and conditions and the supplemental terms policies and rules.
- Where there is any inconsistency between any provision in these General Terms and Conditions and a provision in the supplemental terms, policies or rules, the provision in these Terms and Conditions shall prevail.
Definitions
In these Terms and Conditions:
- The terms ‘Safaris Unmasked’ or ‘we’ or ‘us’ are used to refer to Safaris Unmasked Investments Limited which is duly registered under the laws of the Republic of Kenya. ‘You’, ‘yourself’, ‘user’, or ‘customer’ are terms that are used to refer to you, being the person accessing the Service and agreeing to be bound by these terms and conditions.
- The term "Trip" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Provider.
- The term "Provider" means the provider of various travel and hospitality services (e.g. hotel, motel, apartment, bed & breakfast), attractions (e.g. game parks, reserves, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, bus tours, transfers), tour operators, travel insurances, and any other travel or related product or service as from time to time available for booking on the Platform (whether B2B or B2C).
- The term "Service" means the online purchase, order, (facilitated) payment, or reservation service as offered or enabled by Safaris Unmasked in respect to various products and services as from time to time made available by Providers on the Platform.
- The term “Accommodation” means accommodations provided by a Provider including hotels, motels, apartments, bed & breakfast, homestays, etc.
Data Protection
- You hereby give express, unequivocal, free, specific, and informed consent to the collection and processing of your personal information, for the purposes disclosed in the Privacy Policy.
- Your consent above shall further constitute consent to our affiliates, strategic partners, agents, authorized service providers, consultants, advisers and relevant third parties (“Authorized Third Parties”) to collect, use and disclose your Personal Data for the purposes reasonably required by us and the Authorized Representatives to perform our contractual obligations hereunder/or to provide the services hereunder.
- You further acknowledge that:
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- The processing of Personal Data obtained from you by Safaris Unmasked and the Authorized Third Parties is necessary for the purposes of the legitimate interests pursued by the Safaris Unmasked or the Authorized Representatives, and that such interests are not overridden by your interests or fundamental rights and freedoms.
- The processing of Personal Data obtained from you by Safaris Unmasked and the Authorized Third Parties is also necessary for the performance of this Agreement between you and Safaris Unmasked.
- Your consent to the collection and processing of personal information above shall constitute express consent to the use of personal data for commercial purposes in terms of the provisions of section 37 (1) of the Data Protection Act, 2019.
- You hereby certify that all the information provided by you is true and correct to the best of your knowledge and that any misrepresentations or falsity therein may be considered as an act to defraud Safaris Unmasked and its partners.
- As data processors, we collect and process your personal information in connection with our engagement with you. We are committed to data protection compliance in line with this clause and our full Privacy Policy which provides detailed information about how we process your personal information. A copy of our Privacy Policy is available online at www.Safaris Unmasked.com/help/privacy. The personal information we process in connection with our engagement will include details such as your name, gender, contact information such as email address and telephone number and may also include personal sensitive data as defined under the Data Protection Act, 2019.
- Pursuant to Section 26 of the Data Protection Act, No. 24 of 2019, please note that you have a right to be informed of the use to which your personal data is to be put, to access your personal data in our custody, to correction of false or misleading data, to the deletion of false or misleading data about you and to object to the processing of all or part of your personal data, provided that Safaris Unmasked may terminate the Agreement contained in these Terms and Conditions (including barring you from participating in the Service and on the Platform if any objection or withdrawal of consent, in the opinion of Safaris Unmasked is warranted and justifiable.
- Your Personal information collected by Safaris Unmasked may be stored and processed in any other country in which Safaris Unmasked’s servers are hosted for the time being. Accordingly, by using the Service, you consent to any such transfer of information outside of your country provided that Safaris Unmasked may keep you notified of the transfer once it is done.
Payment Via Credit Cards and Bank Transfers
- If applicable and available, certain Providers offer the opportunity for bookings to be paid (wholly or partly and as required under the payment policy of the Provider) to the Provider during the booking process, by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Safaris Unmasked facilitates (through third-party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Provider (Safaris Unmasked never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third-party payment processor. Any payment facilitated by us for and on behalf of and transferred to the Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
- For certain (non-refundable) rates or special offers, note that Providers may require that payment be made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the booking. Check the (booking) details of your product or service of choice thoroughly for any such conditions prior to making your booking. You will not hold Safaris Unmasked liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Provider and not (re)claim any amount for any valid or authorized charge by the Provider (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card.
- In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In the event that your credit card company or bank charges the deductible from you due to unauthorized transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of KES 5,000 (or the equivalent in your local currency). In order to indemnify you, please report fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Safaris Unmasked’s secure server and the unauthorized use of your credit card resulting from our default or negligence and through no fault of your own while using the secure server.
- We are entitled to deduct from you any charges that we incur in connection with making any payment to you. If any customer owes any money to Safaris Unmasked for any reason, we have the right to take that into account before making any payments to that customer.
- If you deposit funds into your e-wallet while outside of Kenya, you will be entitled to a refund of the deposit. However, the refund will only be collectible in Kenya. The deposit will not attract any interest whatsoever. If we incur any chargebacks, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred. We are also entitled to deduct from you any charges that we incur in connection with making the refund to you. It is your sole responsibility to promptly inform us if and when you are in Kenya in order to enable us to process your refund. We will endeavour to pay the refund within forty-five (45) working days of your confirmation to us that you are in Kenya. In the event of any delay whatsoever, we will not be liable to pay any interest to you.
- To guarantee your accommodation a minimum deposit of 25% of the gross amount is required and full payment 7 days before the travel date. Flights will be guaranteed upon full payment of the prevailing flight cost.
Responsibility
- Safaris Unmasked acts as an agent for transportation companies, hotels, and all other suppliers providing services, including accommodations, meals, and transportation. Safaris Unmasked assumes no liability for any loss, injury, or damage to person or property, accident, delay, or irregularity which may be occasioned either by reason of defect in any vehicle or for any reason whatsoever, or through the acts or default of any company or person engaged in conveying passengers, or of any hotel proprietor or servant.
- Safaris Unmasked reserves the right to cancel or alter itineraries as it may deem necessary or desirable without notice and will pass any extra expenses incurred due to such changes to clients.
- While Safaris Unmasked will make every effort to ensure the safety of its clients, clients acknowledge that travel to certain destinations may involve greater risk than others. By participating in travel arranged by Safaris Unmasked, clients are assuming the risks associated with such travel.
- Safaris Unmasked shall not be responsible for any damages or expenses incurred as a result of acts of God, force majeure, or any other unforeseen circumstances beyond its control.
- By booking with Safaris Unmasked, clients agree to release and hold harmless Safaris Unmasked, its owners, employees, agents, and representatives from any and all liability arising out of or in connection with the travel arrangements provided, including but not limited to personal injury, property damage, loss, delay, or inconvenience.
- Clients are responsible for purchasing travel insurance to cover any potential losses or damages incurred during travel. Safaris Unmasked strongly recommends that clients obtain comprehensive travel insurance to protect themselves against unforeseen events.
General Booking Terms & Conditions
- All quotations are net / non-commissionable and inclusive of statutory taxes/levies.
- Once a booking is confirmed, an invoice will be sent, after which payment should be made immediately to secure bookings.
- Bookings are only secured and guaranteed with minimum deposit of 35% of the total value of the quote.
- We shall NOT be liable for any excursions or extra services NOT booked through our offices
- For payments made in cash, US Dollar notes older than 2009 are not accepted, USD 2 bills not accepted.
- Invoices are subject to a fee of USD 35.00 towards International Bank Telegraphic transfer charges.
- Departures will only be based on scheduled dates indicated on the voucher as agreed.
Child Policy
- Child up to 3 years of age: Free of charge.
- Child 4-12 sharing with adults: 50% of adult rate.
- Two children in own room: 75% of adult rate each.
- Three children in own room: Full double room rate.
- One adult sharing with one child: Adult single room rate & child 50% of half twin rate.
Cancellation Policy
The cancellation policy for safari sector excludes permits policy:
- To cancel any reservation, Safaris Unmasked Ltd must be notified in writing as soon as possible.
- Notice of cancellation is only effective when it is received in writing.
- In such case the following cancellation charges will be payable on accommodation and related services:
- Other seasons
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- If cancelled 60 days and over - No charges.
- If cancelled 59 - 36 days and under, 25% cancellation charges will apply
- If cancelled 35 - 26 days and under, 40% cancellation charges will apply
- If cancelled 25 days and under, 100% cancellation charges will apply
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- If cancelled 65 days and over - No charges.
- If cancelled 64 - 60 days and under, 25% cancellation charges will apply
- If cancelled 59 - 36 days and under, 40% cancellation charges will apply
- If cancelled 35 and under, 100% cancellation charges will apply
- Unused portion of any Safari or Tour is not refundable.