Terms & Conditions

Preferred Wholesale Rates Contract

This contract is entered into between; Kensington Tours Inc., a company incorporated in the State of Delaware, (hereinafter called “Kensington Camps”), and the company, person or entity making the booking (hereinafter called “the Operator”).

WHEREAS:
A The Operator is a Tour Operator whose clients from time to time require accommodation and travel services in Kenya and/or Tanzania;
B Kensington Camps owns and operates camps near the Masai Mara reserve, and in the Serengeti National Park, and in the Ngorongoro Reserve, and can provide accommodation and travel services to the clients of the Operator.
C The Operator wishes to use the services of Kensington Camps for the accommodation and travel requirements of its clients.
D In consideration of the foregoing, Kensington Camps has agreed to grant to the Operator wholesale rates for its services upon the terms and conditions contained hereunder

NOW IT IS AGREED as follows:-
1. ENGAGEMENT
Kensington Camps engages the Operator, who accepts engagement, to:
(i) Use its best endeavours to promote the use of Kensington Camps for the accommodation and
travel requirements of its clients.
(ii) Furnish its clients with such information concerning the accommodation and services
as may be relevant to their requirements.
(iii) Make all reservations required by its clients.
(iv) Be solely responsible for the payment of all monies payable to Kensington Camps in respect of
all reservations made by it with Kensington Camps.

2. BASIS OF ENGAGEMENT AND INDEMNITY
The Operator is engaged on the basis that it will at all times act pursuant to this Contract as a
Principal and not as the Agent of Kensington Camps and that it will accordingly at no time represent
itself to its clients as the Agent of Kensington Camps nor attempt to bind Kensington Camps to any such client.

3. PREFERRED WHOLESALE RATES
(i). The Operator will be entitled to make reservations for accommodation or travel services at the rates quoted in the annexure hereto.
(ii). All amounts are denominated in US Dollars.
(iii). Unless otherwise specified the terms and conditions are applicable to all camps and lodges within the Kensington Camps portfolio in Tanzania.
(iv). As reflected in the annexure, the quoted rates vary depending upon whether a reservation is made for the high or low season.
(v). Rates are calculated in the currency as per the attached annexure and are inclusive of:
- Nightly accommodation at selected camp/ lodge.
- All scheduled game viewing activities. *
- Laundry services.
- All meals.
- All beverages, alcoholic or non-alcoholic (except premium brands).
- Road transfers to/from camp/lodge from the camp airstrip. *
* Denotes exclusion if guests are staying on a full board package.
(vi). When booking Tailor Made itineraries, all calculations will be calculated by using the daily camp rate and by adding the additional component costs as follows:
- National Park Fees.
- Road transfers to and from domestic and/or international airports.
- Premium brands of alcohol.
(vii). These rates are subject to increase by the amount of any future increases in fuel, currency fluctuations, park fees and/or component costs. Kensington Camps will give Sixty (60) days written notice to the Operator of any future increase and of the consequentially revised rates and any such increases will take effect upon the expiry of such notice period.
(viii) Each quoted rate is a rate per person per night sharing with a single supplement, applicable for single occupancy, where indicated on the rates sheet.
(ix) The rates herein are very special rates being allocated to the Operator. Should Kensington Camps on appraisal of the Operator's production feel that the production does not justify the allocated rates, this contract shall be terminated without notice by Kensington Camps.

4. RESERVATIONS
(i). All applications for provisional or confirmed reservations are to be made by the Operator via the Kensington Camps website booking page.
(ii). No reservation will be deemed made unless acknowledged and accepted by means of a confirmed booking webpage created by Kensington Camps.
(iii). Provisional reservations will only be held for 14 days, after which the booking will be automatically released.
(iv). The Operator shall furnish Kensington Camps with the following information in respect of any
reservations made:
- Last names and full first names of client(s).
- Number and category of rooms required.
- Preferred lodge and/or camp.
- Preferred arrival and departure dates.
- Arrival and departure points together with airline, charter and/or transfer information.
- Nationality of client(s).
- Original booking agent’s country of origin.
- Time of arrival.
- Ground transport company (if booked with Net rates)
- Any special dietary restrictions

5. PAYMENT PROCEDURE
Subject to any separate credit arrangements which may exist between Kensington Camps and the
Operator, payment in respect of reservations shall be as follows:
(i) Upon confirmation of reservations, a non-refundable deposit equal to 20% of the total value of the reservations is to be received by Kensington Camps from the Operator within seven (7) working days. Failure to do so will result in automatic cancellation of the reservation(s) being held.
(ii) Thereafter the balance will be payable at least 60 days prior to arrival of the Clients. Failure to make payment within the above stipulated times may result in automatic cancellation by Kensington Camps of any reservations made by the Operator.

7. CANCELLATIONS
Reservations cancelled are charged as indicated below:
a) Between 90 and 60 days prior to arrival a 20% cancellation fee will be charged.
b) Between 59 and 30 days prior to arrival a 50% cancellation fee will be charged.
c) Between 29 and 0 days prior to arrival a 100% cancellation fee will be charged.
Cancellation fees are calculated on the contact rate per person and on the total value
of the reservation(s) made.

8. ALLOCATIONS
Kensington Camps has no allocations. Reservations are available on a first come, first served basis.

9. TOUR LEADER OR DRIVERS
No special discounts will be granted for accommodations in client tents. Bona Fide guides or drivers or tour leaders will be offered a bed and meals in staff accommodation with camp guides and staff. Limit one (1) bed per vehicle.

GENERAL

RATES
USD currency applies to all nationalities visiting our camps in Kenya and Tanzania.

PILOT / GUIDES
Pilot & Guides receive free accommodation in staff quarters. Guide rates are applicable to qualified and registered professional guides. Interpreters, who by necessity accompany guests on all activities, will be charged the applicable contract rate.

PRIVATE VEHICLES
Can be requested and can only be confirmed 14 days prior to arrival. Alternatively, three (3) rooms can be booked at double occupancy at applicable contract rates and a vehicle can then be secured immediately, if available.

CHILDREN POLICY
Infants under 2 are not permitted in the camps. Children from 2 to 12 years of age may go on game drives only at the discretion of management. Adults have to split up and share rooms with children should they be below 15 yrs of age. Children ages 2-12 are charged at 50% of the adult rate. Kids ages 13-17 are charged at 75% of the adult rate. The childern discount rates are limited to one discount per tent.

REFUNDS
Should any client arrive late or request an early departure, no refund will be granted. Whilst Kensington Camps will ensure that all anticipated accommodation will be available as planned, there shall be no claim of any nature against Kensington Camps for a refund, either in part or whole, if any accommodation and or excursion is unavailable and a reasonable alternative was found – or if guests were unable to make use of the service for any reason.

REGISTRATION
All guests will be obliged on checking-in, to sign a registration and indemnity card reflecting the terms and conditions to which they will be subject, and which they will at all times observe, whilst staying in the camps/lodge. Please be aware that safaris may bring you close to wild animals. Neither Kensington Camps, nor their employees, nor agents can held responsible for any injury death or incident on safari or whilst residing in the lodge/camp. Kensington Camps cannot be held responsible for delays or additional costs incurred as a result of airlines / charter companies not running to schedule for what ever reason (including but not limited to weather conditions, international flight delays)

BAGGAGE ALLOWANCE – passengers arriving by air.
Each passenger shall be entitled to no more than 1 soft-sided suitcase weighing no more than 15 kilograms, and a maximum size of 66 centimetres in length. Additional seats can be purchased for excess luggage at the relevant seat rate; the maximum weight per seat purchased is 10 kilograms. The carrier shall be entitled to refuse to carry any baggage in excess of aforesaid.

PASSPORT & VISA
The onus is upon the guests to ensure that passports and visa’s are valid for the countries visited. Kensington Camps, their staff and their agents cannot be held liable for any visa etc. not held by the guests.

HEALTH
Anti-malaria precautions should be commenced prior to departure. All guests are advised to bring insect repellent.

INSURANCES
All guests should take out comprehensive insurance cover when paying their confirmation deposit, to cover them for cancellation, curtailment, medical expenses, personal baggage, emergency evacuation back home and money.

CONFIDENTIALITY
All the provisions of this contract shall remain strictly confidential to Kensington Camps and to the Tour Operator.

VARIATION OR WAIVERING
Variation or waivering of the Terms and Conditions is at the sole discretion of Kensington Camps.

OTHER
This contract shall be interpreted in accordance with, and be governed by, the law of Delaware. In this contract, and unless the contents otherwise requires, the singular includes the plural and vice versa and any gender includes the other genders.

MINIMUM STAYS
All camps in the Kensington Camps portfolio are subject to a two night minimum stay.

CAMP CLOSURE
Kensington Camps reserves the right to give one month's notice for closing any camp for renovation or refurbishment etc. without penalty.

FORCE MAJEURE
In the event of any act over which Kensington Camps has no control (which shall include but shall not be limited to any directive from the local Government, act of God, riots, war, storm, tempest, fire or Union unrest) preventing Kensington Camps from complying in whole or in part with its obligations under this agreement, then Kensington Camps shall be exonerated from liability whilst such event(s) persist. Should the event(s) persist for more than one (1) months then both parties shall consider themselves released from the obligations of this agreement.

THIS CONTRACT IS VALID FROM THE DATE OF BOOKING THROUGH THE END OF PROVISION OF ALL SERVICES, AND IS DEEMED IN FULL FORCE ON ACCEPTANCE, AS INDICATED BY CLICKING "YES", OR ON PAYMENT OF DEPOSIT OR FULL PAYMENT FOR ANY BOOKING.