Terms and Conditions/Booking Terms

LEGAL NOTICE

This website, www.asnsafaris.com (the “Site”), is owned and operated by ASN Adventures LTD, Registration Number – PVT-MKU9R9ZB, registered in Kenya.

This Site is offered to you, the customer, conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms.

By booking or participating in a tour or any related products or services (a “Tour”) with ASN Adventures LTD (the “Tour Operator”), you (“the Client”) agree to these Terms & Conditions.

By booking a Tour, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you make a booking on behalf of other participants, you confirm that you have the authority to accept these Terms on their behalf.

1.THE BOOKING CONTRACT

Your booking is confirmed and a contract exists when the Tour Operator or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

3. MEDICAL INFORMATION

Clients are responsible for ensuring they are medically fit to travel.

The Tour Operator may request relevant medical information where necessary for safety purposes. Clients must disclose any medical condition that may affect participation in the Tour at the time of booking.

The Tour Operator reserves the right to refuse participation where a client’s condition may pose a risk to themselves or others.

The Tour Operator does not provide medical advice. Clients are advised to consult their doctor regarding vaccinations, medical precautions, and fitness to travel.

Travel to remote regions may involve limited access to medical facilities. By booking a Tour, the client acknowledges and accepts these risks.

4. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.

5. AGE REQUIREMENTS

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by the Tour Operator, the minimum age for minors travelling on any Tour is 12 years old.

All bookings with a minor are subject to review and approval by the Tour Operator. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

6. MANDATORY INSURANCE REQUIREMENTS

You acknowledge that insurance coverage is not included in the cost of any Tour Package offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

7. PRICES, SURCHARGES, AND TAXES
The Tour Operator will not increase the price of your Tour after you have paid in full, except as provided below. Tour prices are based on current taxes, levies, and park fees.

The Tour Operator reserves the right to adjust prices prior to full payment in the event of:

Significant currency fluctuations,
Supplier cost increases,
Government taxes, levies, or park fee changes, or
Fuel surcharges beyond the Tour Operator’s control.

Government Fees and Park Fee Increases
All quoted prices include current government taxes, levies, and park fees. Should any government-imposed taxes, levies, or park fees increase after a deposit or full payment has been made, the Client agrees to pay the additional amount prior to departure. The Tour Operator will notify the Client of any such increase as soon as reasonably possible.

From time to time, the Tour Operator may offer promotional or reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings for which at least a deposit has been received are not entitled to such reduced pricing.

8. VALIDITY
All dates, itineraries, and prices of Tours are subject to change at any time. The current price will be quoted and confirmed at the time of booking, subject to any surcharges levied in accordance with these Terms.

The Client is responsible for keeping up to date on the specific details of the Tour, including any changes to government fees, park fees, or taxes. Clients should review the Tour Operator’s website or contact the Tour Operator at least 72 hours prior to departure to confirm current details.

9. DEPOSITS

A non-refundable deposit of 30% of the total booking cost is required to confirm all bookings.

Bookings made within the full payment period require 100% payment at the time of confirmation.

Certain services such as flights, permits, special events, or promotional offers may require higher deposits or full payment at the time of booking. Clients will be informed where applicable.

10. DETAILS REQUIRED FOR BOOKING

As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

11.AIRFARE

Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. The Tour Operator will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Tour Operator or the applicable air carrier(s).

The Tour Operator acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. The Tour Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.

12. FINAL PAYMENT & ACCEPTANCE OF BOOKING

The confirmation issued by ASN Adventures LTD will specify the final payment requirements applicable to the booking.

A 30% non-refundable deposit is required to confirm bookings.
High and Peak Season travel: Full payment must be received 60 days prior to arrival.
Low Season travel: Full payment must be received 30 days prior to arrival.
Bookings made within the full payment period require 100% payment at confirmation.

If full payment is not received by the due date, ASN Adventures LTD reserves the right to treat the booking as cancelled and apply applicable cancellation charges.

ASN Adventures LTD is not responsible for any charges levied by banks, payment providers, or transaction intermediaries.

13. CANCELLATION BY THE CLIENT

If you wish to cancel your booking, you must notify ASN Adventures LTD in writing. Cancellation charges will be calculated based on the date written notice is received.

Cancellation fees are expressed as a percentage of the total booking cost and are intended to cover administration expenses and payments made to third-party suppliers including accommodation providers, transport providers, airlines, parks, and other services.

Cancellation Charges

More than 60 days before arrival:
30% deposit is non-refundable.
45 – 59 days before arrival:
50% of the total booking cost is non-refundable.
30 – 44 days before arrival:
100% of the total booking cost is non-refundable.
Less than 30 days before arrival or no-show:
100% non-refundable.

Supplier Cancellation Policies

ASN Adventures LTD works with third-party suppliers whose cancellation policies may differ.

Where supplier cancellation penalties exceed the percentages above, actual supplier costs incurred will apply, and the client agrees to cover such costs.

Refund Conditions

Where refunds are applicable, they will be processed after deducting:

Bank charges
Transaction fees
Foreign exchange losses
Supplier penalties already incurred

Refund timelines depend on supplier processing but typically range between 14 to 45 business days.

No-Show & Unused Services

Failure to arrive on the scheduled date or voluntary early departure will be treated as a cancellation and no refund will be payable.

No refunds will be provided for unused services after travel has commenced.

Travel Insurance

ASN Adventures LTD strongly recommends that all clients obtain comprehensive travel insurance covering cancellation, medical emergencies, travel delays, personal injury, and loss of property.

Additional Cancellation Clause — Peak Season & Special Services

Special Supplier Conditions and Peak Season Bookings
Certain bookings made during peak seasons, migration periods, festive holidays (including Christmas and New Year), gorilla or chimpanzee permits, flights, train tickets, discounted promotional rates, or specific lodges and camps may be subject to stricter supplier cancellation policies.

In such cases, the booking may be 100% non-refundable from the time of confirmation, regardless of the general cancellation terms stated above.

The Client will be informed at the time of booking if any special or stricter cancellation conditions apply.

14. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR

A departure date for a Tour offered by the Tour Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.

The Tour Operator guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the Tour Operator’s website or by contacting the Tour Operator. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.

If a Tour is cancelled by the Tour Operator before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Tour Operator:

(a) a substitute Tour of equivalent or superior value; or

(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from the Tour Operator the difference in price between the price of the Tour originally purchased and the substitute Tour; or

The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Tour Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined in its discretion.

15. TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.

16. FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.

17. CHANGES

Changes made by the Tour Operator: The Tour Operator may modify your itinerary where reasonably required in its sole discretion. If the Tour Operator makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Tour Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:

i) accept the Material Change and proceed with the amended product or service;

ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or

iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or

iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).

You must notify the Tour Operator of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by you: You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.

18. ACCEPTANCE OF RISK (Corrected Name)

You acknowledge that tours and activities offered by ASN Adventures LTD may involve risks to health and safety. By traveling with the Tour Operator, you voluntarily assume all such risks.

19. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS

The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

The Tour Operator is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees.

The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

20. OPTIONAL EXTRAS

“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

21. LIABILITY

The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.

In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.

22. FORCE MAJEURE

The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather, significant risks to human health such as the outbreak of serious disease including any mutation or variation of, and the ongoing effects of, Covid-19 or SARs-COV2, or any other cause whatsoever beyond the reasonable control of the Tour Operator or the Third Party Supplier of services, whether or not foreseeable, which would make it dangerous or not viable for a Tour to commence or continue, any and all of which, individually and collectively, constitute “Force Majeure”.

23. IMAGES AND MARKETING

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

24. PRIVACY POLICY

The Tour Operator must collect your personal information to deliver the Tour and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third-Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in the Tour Operator’s Privacy Policy, which can be accessed any time at https://asnsafaris.com/footer/reservation/privacy-policy/ and is expressly incorporated into these Terms. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.

25. SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

26. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

27. ALCOHOL AND ILLEGAL SUBSTANCES (Corrected)

If a client consumes alcohol or illegal substances before or during activities, they assume all associated risks including injury, death, or property damage, even where negligence may exist.

The client agrees to indemnify and hold harmless ASN Adventures LTD from any liability arising from such circumstances.

28.Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Kenya. Any disputes arising shall be subject to the exclusive jurisdiction of the courts of Kenya.