1.1 With the reservation, the customer offers Marco Polo Tours & Safaris a binding offer to conclude a travel contract. This offer is based on the travel itinerary and supplementary information provided by Marco Polo Tours & Safaris for the respective trip, insofar as such information is available to the customer.
1.2 The booking can be made in writing, verbally, by telephone, fax or electronically (e-mail, Internet). In the case of electronic bookings, Marco Polo Tours & Safaris will immediately confirm receipt of the booking electronically. This acknowledgement of receipt does not constitute a confirmation of acceptance of the booking order.
1.3 The customer shall be responsible for all contractual obligations of fellow travellers for whom he makes the booking as well as for his own, provided that he has accepted this obligation by express and separate declaration.
1.4 The contract is concluded upon receipt of the declaration of acceptance by Marco Polo Tours & Safaris. The declaration of acceptance does not require any specific form. Marco Polo Tours & Safaris will send a written confirmation to the customer on or immediately after conclusion of the contract. He is not obliged to do this if the booking is made by the customer less than 22 working days before the start of the trip.
After conclusion of the contract, a deposit of 20% for Road Safaris and 40% on Air Safaris of the tour price is due for payment. The balance must be paid before departure or on departure.
2.2 If the customer does not make the down payment and/or the remaining payment in accordance with the agreed payment dates, Marco Polo Tours & Safaris shall be entitled to withdraw from the travel contract and debit the customer with cancellation costs.
3 SERVICE AND PRICE CHANGES AFTER CONCLUSION
3.1 Changes to essential travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which have not been caused by Marco Polo Tours & Safaris in bad faith, are only permitted if the changes are not significant and do not affect the overall arrangement of the trip. Prices are based on current costs such as fuel prices, taxes, fees or charges for certain services, airport, port, landing or take-off fees, exchange rates and the like, and are subject to change without prior notice.
3.2 Any warranty claims shall remain unaffected if the modified services are defective.
3.3 Marco Polo Tours & Safaris is obliged to inform the customer of any significant changes in performance immediately after becoming aware of the reason for the change.
3.4 In the event of a significant change in a material travel service, which is not, however, subject to charges for certain services as specified in 3.1, the customer shall be entitled to withdraw from the travel contract free of charge or to demand participation in a trip of at least equal value if Marco Polo Tours & Safaris is able to offer such a trip from its offer to the customer at no extra cost. The customer must assert these rights immediately after Marco Polo Tours & Safaris has declared his intention to change the travel service or cancel the trip.
4 CANCELLATION BY THE CUSTOMER
4.1 The customer may withdraw from the trip at any time before it begins. Withdrawal must be declared to Marco Polo Tours & Safaris by electronic means.
4.2 If the customer withdraws before the start of the tour or if he/she does not start the tour, Marco Polo Tours & Safaris shall lose the claim to the tour price. Instead, Marco Polo Tours & Safaris shall be entitled to claim an appropriate compensation for the travel arrangements made up to the date of cancellation and its expenses depending on the respective travel price, insofar as the cancellation is not attributable to him or a case of force majeure exists.
4.3 Marco Polo Tours & Safaris has staggered this claim for compensation over time, i. e. taking into account the proximity of the time of cancellation to the contractually agreed commencement of travel, in a lump-sum ratio to the travel price and taking into account expenses usually saved in the calculation of the compensation and usually possible other uses of the travel services. Compensation shall be calculated as follows after receipt of the customer’s notice of withdrawal:
up to 75 to 60 days before departure 40% of the total price.
from the 59th to the 40th day before departure 60% of the total price.
from the 39th to 30th day before departure 80% of the total price,
from the 29th day before departure 100% of the total price,
and on the day of departure or in case of no-show 100% of the tour price.
Included are all costs for transportation according to itinerary and food on the safari, as well as entrance fees to the national parks, game reserves.
Cars, minibuses, land cruisers or trainers are provided depending on the route and number of persons. We reserve the right to accept services from subcontractors. English, German and French speaking drivers / guides are provided.
Accommodation based on two persons in a double room with private bathroom – as far as possible – is provided. Single rooms are available for an extra charge, but cannot be guaranteed. Hotels / lodges correspond to the specified category. Rooms can be reserved at other similar hotels / lodges / camps. The Company and its employees act as agents in all matters relating to the hotel / lodge, tours, transportation etc. and are not liable for any damage, delay, loss or damage in any way. All claims are subject to the competent jurisdiction of the respective country in which the tour / transport / accommodation takes place.
8 TOUR CHANGE
The Company reserves the right to modify or cancel planned tours, if necessary.
9 TERMINATION FOR BEHAVIOURAL REASONS
In addition, we reserve the right to refuse persons as members of a tour, in such cases the justified amount will be refunded. Marco Polo Tours & Safaris may terminate the travel contract without notice if, despite a reminder from Marco Polo Tours & Safaris, the customer sustainably disturbs the travel contract or if he/she behaves to such an extent that the contract is in breach of contract that the immediate cancellation of the contract is justified.
It is recommended that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
CEO, Management – Marco Polo Tours & Safaris
+254 722 696 533
Diani Beach Rd, Ukunda, Mombasa, Kenya
Mon – Sun 8.00 – 18.30
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