1. Scope & Acceptance
These Terms & Conditions (the “Terms”) govern your use of our website, communications, proposals, quotes, and all travel products or services offered by Niroskos Tours and Safaris (“Niroskos”, “we”, “us”). By browsing our site, requesting an itinerary, paying a deposit, or otherwise engaging with us, you acknowledge that you have read, understood, and agree to be bound by these Terms, including supplemental policies referenced herein.
If you do not agree, do not use our website or book our services. We may update these Terms at any time; material changes will be reflected by the date above. Continued use constitutes acceptance of the revised Terms.
2. Definitions
- “Client”, “you”, “your” — the person(s) purchasing or participating in travel services.
- “Tour Operator”, “we”, “us”, “Niroskos” — Niroskos Tours and Safaris, the organizer and coordinator of your safari arrangements.
- “Services” — itinerary design, reservations, accommodation, transport, guiding, park fees, activities, and related arrangements coordinated by the Tour Operator.
- “Partner(s)” — lodges, camps, hotels, airlines, ground handlers, vehicle providers, guides, activity operators, and payment providers that deliver services forming part of your itinerary.
- “Force Majeure” — events beyond reasonable control including, without limitation, acts of nature, epidemics, strikes, governmental restrictions, unrest, or infrastructure failures.
3. Booking Process & Contract Formation
A booking is confirmed with the Tour Operator when we issue a written confirmation after receipt of the required deposit or full payment as stated on your invoice. Quotations are indicative until confirmed in writing. The lead traveler warrants authority to accept these Terms on behalf of all travelers named in the booking.
The Tour Operator coordinates services that are delivered by our Partners. Your trip may therefore be governed by a combination of these Terms and specific Partner terms and conditions (e.g., lodge cancellation periods, airline rules). Where Partner terms impose stricter conditions, those will apply to the relevant component.
Special requests (dietary, bedding, accessibility) are noted and passed to Partners but cannot be guaranteed. Failure to meet a request does not constitute a breach. Age limits or fitness prerequisites may apply to certain activities.
4. Pricing, Taxes & Currency
- Prices are typically quoted in your region’s currency or USD and may include local taxes known at the time of quoting. Government‑imposed fees and taxes may change without notice; any increases are payable by you.
- Exchange‑rate fluctuations may affect final amounts due where pricing is sourced from multiple currencies. We reserve the right to adjust to reflect prevailing rates at the time of final payment.
- Obvious typographical or system errors in pricing may be corrected, and we may cancel a booking before travel with a full refund of amounts paid to us if no reasonable alternative can be agreed.
5. Payments, Deposits & Chargebacks
- Accepted methods include major cards, M‑Pesa, bank transfer, and select cryptocurrencies (e.g., USDT, USDC, BNB, BTC, ETH). Time‑limited rate locks may apply.
- Deposits secure your booking, but refundability depends on the specific product booked and the applicable cancellation window set by the relevant Partner(s). Balance due dates appear on your invoice; late or missed payments may result in cancellation with applicable fees as determined by those Partner rules.
- Unwarranted chargebacks constitute a material breach; you agree to first notify us and allow reasonable time to investigate. We may recover associated costs, including administrative and legal fees.
- We may request identity or payment verification (KYC/AML). Failure to provide may lead to cancellation without liability beyond permitted refunds.
6. Cryptocurrency Terms
- Crypto payments are subject to network congestion, confirmation times, miner fees, and price volatility. You are responsible for sending to the exact address and network specified; transactions sent to the wrong chain or address are irrecoverable.
- Refunds for eligible crypto payments are issued in USDT to a refund address you provide, net of network fees. Alternatively, you may choose travel credits for the full value with no network deduction.
- We are not liable for wallet mismanagement, lost private keys, failed or reversed transactions at the network level, or third‑party exchange rate spreads.
7. Changes, Cancellations & Refunds
Client‑initiated changes are subject to availability and our Partners’ rules; additional costs may apply (e.g., seasonal rate differences, airline change fees). Cancellation charges are assessed on a sliding scale as advised at booking and may include 100% for certain dates, properties, or airfare. No‑shows are non‑refundable.
If a material component cannot be provided by a Partner, the Tour Operator will use reasonable efforts to arrange a reasonably equivalent alternative. If no suitable alternative is available, our liability is limited to refunding the portion we actually received for the affected component and can recover from the Partner, less any non‑recoverable charges.
8. Visas, Health, Insurance
- You are responsible for valid passports, visas, health certificates, and vaccinations. Entry is at the discretion of border authorities.
- Comprehensive travel insurance (medical, evacuation, trip cancellation/interruption, baggage) is strongly recommended and may be required for certain itineraries.
- You must disclose medical conditions or mobility limitations relevant to your trip; we may decline bookings where safe operation cannot be ensured.
9. Conduct, Wildlife & Safety
You agree to follow instructions from guides, park rangers, and operators. Wildlife interactions carry inherent risks; keep prescribed distances and adhere to safety briefings. We may refuse service or remove any person whose behavior is unsafe, unlawful, or disruptive, without refund.
10. Accommodation & Services
- Star ratings and classifications are indicative and may vary by destination and Partner. Photos are illustrative; room layout and décor may differ.
- Service delivery times and amenities are subject to local conditions, seasonal changes, conservation rules, and Partner policies.
- Baggage allowances vary by airline and vehicle; excess baggage may be refused or incur fees per Partner rules.
11. Disclaimers & Liability Limits
To the maximum extent permitted by law:
- Services are provided “as is” and “as available.” We disclaim warranties of merchantability, fitness for a particular purpose, and non‑infringement.
- We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, goodwill, data, or use, arising from or related to your trip or use of our site.
- Our aggregate liability for claims arising under these Terms shall not exceed the total amount you paid to us for the specific booking giving rise to the claim.
- To the extent permitted by law, the Tour Operator’s responsibility is limited to arranging and coordinating services; performance of those services rests with the Partner(s). Any refunds are limited to amounts actually received by us for the affected component and recoverable from the relevant Partner(s).
12. Indemnity
You agree to defend, indemnify, and hold harmless Niroskos and its officers, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms or violation of law, or your negligent or willful acts or omissions.
13. Intellectual Property & Site Use
- All content on our site (text, images, logos) is owned by or licensed to us and protected by IP laws.
- You may not copy, scrape, frame, or reverse engineer any part of the site, nor use automated means without prior written consent.
- Testimonials or media you submit may be used for marketing with minimal editing for clarity; you warrant you own or control the rights to such content.
14. Privacy & Communications
Our Privacy Policy describes how we collect and use your data. By contacting us, you consent to being contacted through the channels you provide (e.g., email, phone, WhatsApp). You may opt out of non‑essential marketing communications at any time.
15. Partner Services
We reference and coordinate services delivered by our Partners (e.g., airlines, lodges/camps/hotels, activity operators, payment providers). Each Partner’s own terms, operating policies, schedules, and liability rules apply to the services they provide. The Tour Operator is not responsible for Partner acts, omissions, websites, content, or policies, except to the extent required by applicable law.
16. Force Majeure
The Tour Operator is not liable for delays, changes, or non‑performance caused by Force Majeure. We will use reasonable efforts to minimize disruption and propose alternatives where feasible; additional costs may apply.
17. Governing Law & Disputes
These Terms are governed by the laws of the Republic of Kenya, without regard to conflict‑of‑laws rules.
Arbitration & Venue (Read More) expand_more
Any dispute arising out of or relating to these Terms or your trip shall be resolved by binding arbitration in Nairobi, Kenya, administered by a recognized arbitral body. You waive any right to participate in a class or representative proceeding. Judgment on the award may be entered in any court of competent jurisdiction.
18. Miscellaneous
- Severability — If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
- Assignment — We may assign or transfer our rights/obligations; you may not assign without our written consent.
- Entire Agreement — These Terms, together with written confirmations and policies referenced herein, constitute the entire agreement and supersede prior communications.
- Updates — We may revise these Terms at any time; material changes are effective upon posting. Continued use indicates acceptance.
- Headings — Headings are for convenience only and do not affect interpretation.
- Language — Translated versions are provided for convenience. In case of conflict, the English version prevails unless local law requires otherwise.
19. Contact
Questions regarding these Terms?
Email:
[email protected]
Phone: +254706269057
Address: Jabavu Lane, Nairobi, Kenya