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). For electronic bookings, Marco Polo Tours & Safaris will immediately confirm receipt of the booking electronically. This confirmation 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 for his own, provided that he has assumed this obligation by express and separate declaration.
1.4 The contract is concluded upon receipt of the declaration of acceptance from Marco Polo Tours & Safaris. The declaration of acceptance does not require a specific form. At or immediately after conclusion of the contract Marco Polo Tours & Safaris will send the customer a written confirmation. He is not obliged to do so if the booking is made by the customer less than 22 working days before the start of the journey.
2.1 After signing the contract a deposit of 20% for Road Safaris and 40% for Air Safaris of the tour price is due. The balance of 50% -55% must be paid at least 30 days before the start of the trip.
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 Changes in services and prices after conclusion of contract
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 were not brought about by Marco Polo Tours & Safaris contrary to good faith, are only permitted if the changes are not substantial and do not impair the overall design of the tour. Prices are based on currently calculated costs such as fuel prices, taxes, fees or charges for certain services, airport, port, landing or take-off fees, exchange rates and similar, and are subject to change without notice.
3.2 Possible warranty claims shall remain unaffected insofar as the modified services are defective.
3.3 Marco Polo Safaris is obliged to inform the customer of significant changes in services immediately after becoming aware of the reason for the change.
3.4 In the event of a significant change to an essential travel service, which however does not include charges for certain services as listed in 3.1, the customer is entitled to withdraw from the travel contract free of charge or to demand participation in a tour of at least equivalent value if Marco Polo Tours & Safaris is in a position to offer such a tour from its range of services at no extra cost to the customer. The customer must assert these rights immediately after Marco Polo Tours & Safaris has informed the customer of the change or cancellation of the tour.
4 Cancellation by the customer
4.1 The customer can withdraw from the trip at any time before the start of the trip. The 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 does not start the tour, Marco Polo Tours & Safaris loses the claim to the tour price. Instead, Marco Polo Tours & Safaris may, insofar as it is not responsible for the cancellation or a case of force majeure, demand reasonable compensation for the travel arrangements made up to the time of cancellation and its expenses, depending on the respective tour price.
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 transport according to the itinerary and food during 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 -if possible -is provided. Single rooms are available at an extra charge, but cannot be guaranteed. Hotels / Lodges correspond to the indicated 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 harm in any way. All claims are subject to the competent jurisdiction of the country where the tour / transport / accommodation takes place.
8 Tour change
The company reserves the right -if necessary -to change or cancel planned tours during the course of the tour.
9 Termination for behavioural reasons
Furthermore, 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 can cancel the travel contract without notice if the customer, despite a warning from Marco Polo Tours & Safaris, persistently disrupts the tour or if the customer behaves in such a way 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 accident or illness. Note: Many travel insurances already have an additional Corona protection which is already included or can be taken out additionally.
11 Covid 19 travel protection
Marco Polo Tours & Safaris grants the customer an unlimited right of withdrawal which is directly related to the Covid 19 pandemic. The unlimited right to withdraw from the contract includes the full repayment of any advance payments already made or of the travel price already paid in full. This unrestricted right of withdrawal does not apply to bookings made directly on site in Kenya at our office.
CEO, Management – Marco Polo Tours & Safaris