Introduction

This agreement is made between Rhino Tours Limited (hereinafter referred to as "RTL") and the Client (which term includes the agent or individual making the booking). The agreement is subject to the following terms and conditions, which may be amended by RTL from time to time in RTL's brochures, website, or other published materials. By making a booking with RTL, the Client is deemed to have read, understood, and agreed to be bound by these terms and conditions.

TOUR BOOKING AND PAYMENT

• Booking Method: All bookings must be made in writing or by email.
• Deposit: A 50% deposit of the total tour cost is required at the time of tour confirmation.
• Late Bookings: If a booking is made within 45 days of the tour commencement date, full payment shall be required immediately upon confirmation of services.
• Group Bookings: For group bookings, a non-refundable deposit may be requested by RTL on a case-by-case basis.
• Final Payment: Payment in full must be received by RTL no later than 30 days before the start of the tour arrangements (unless otherwise agreed in writing). RTL reserves the right to cancel any booking without notice if the Client fails to pay the balance by the due date. In the event of such cancellation due to non-payment, RTL may, upon the Client's request, re-quote the tour (which could be subject to a price surcharge).
• Price Adjustments: Upon receipt of full payment, RTL will provide the agreed services at the quoted price. However, RTL unconditionally reserves the right to adjust the price if compelled by any factor beyond its control (for example, significant tax changes, fuel surcharges, currency fluctuations, etc.).
• Currency: The tour prices are generally quoted in a specific currency. If the Client wishes to pay in a different currency than the one invoiced, the Client should request the applicable rate of exchange from RTL prior to payment.

CANCELLATION & AMENDMENTS

• Notification: All cancellations or amendment requests must be communicated to RTL in writing (e.g., via email or letter). The date of receipt of the cancellation by RTL (as determined by RTL, taking into account any communication delays) will be the effective date for calculating cancellation charges. The following cancellation fees shall apply:
  • If a cancellation notice is received more than 30 days prior to the commencement of the tour, a cancellation fee equal to 30% of the total tour cost will be charged.
  • If a cancellation notice is received 30 to 20 days before the commencement of the tour, a cancellation fee of 50% of the total tour cost will be charged.
  • If a cancellation notice is received 15 days before the tour start date, a cancellation fee of 75% of the total tour cost will be charged.
  • If a cancellation notice is received within 10 days to the commencement of the tour (including any time after that up to departure), a cancellation fee of 100% will be charged.
• Peak Periods: Please note that during peak travel periods or special events, the above standard cancellation policy may not apply. In such cases (e.g., where RTL has made full non-refundable payments to hotels or lodges well in advance), any cancellation may incur up to 100% cancellation charges regardless of notice period. RTL will advise the Client at the time of booking if any special cancellation terms apply to the particular tour period.
• Refund of Deposit: RTL will apply any tour deposit paid by the Client against the applicable cancellation fees. If the cancellation fees are less than the deposit paid, the remaining balance (if any) will be refunded.
• No-Shows & Unused Services: There are no refunds for any unused portions of the tour program, including situations where a client does not show up for the tour, joins late, leaves early, or decides to skip any scheduled tour activities (no refunds will be made for such missed services).
• Amendments: If the Client requests amendments or alterations to a booked tour (dates, itinerary, or number of participants), RTL will endeavor to accommodate changes at no extra or with minimal cost. However, the client will be liable for any unavoidable costs or penalties incurred due to the amendment. Any request for changes must be made in writing, and RTL's ability to accommodate those changes may be subject to availability and the policies of third-party suppliers.

INCLUDED IN TOUR COST

• Transportation: All ground transport during the safari/tour as specified in the Final Operating Itinerary (FOI) as included, including transfers and game drives.
• Accommodation: Lodging as specified in the FOI (hotels, lodges, camps, or other establishments), on the indicated basis (e.g., bed & breakfast, half-board, full-board, or all-inclusive) as per the itinerary.
• Sightseeing & Activities: All listed sightseeing tours, park entrance fees (if expressly stated), and game drives as listed in the FOI. (Any optional tours or activities not listed will be at the client's expense).
• Domestic Flights: Any domestic or internal flights that are mentioned in the FOI are included (usually economy class, including taxes, unless otherwise specified).
• Taxes & Service Charges: All government hotel taxes, hotel service charges, and airport service fees applicable to the services specified in the FOI are incorporated into the total tour price.

EXCLUDED IN TOUR COST

• International Travel: International airfare to and from the tour's starting and ending points, including any associated departure taxes or airport charges, is not included unless expressly stated in the Final Operating Itinerary (FOI).
• Entry Visas & Personal Expenses: Visa fees, passport fees, vaccination costs, and personal expenses are not included in the tour cost. Personal expenses include, but are not limited to, beverages and meals not specified in the itinerary, laundry services, telephone calls, internet usage, souvenirs, gratuities, and other incidental expenditures.
• Hotel / Resort Extras: Any supplementary charges imposed by hotels or lodges, including but not limited to holiday season surcharges, minibar consumption, room service, spa services, or other optional amenities, are excluded unless explicitly stated in the FOI. Such costs shall be borne directly by the Client.
• Park Fees & Conservancy Regulations: All fees relating to entry into national parks, reserves, or private conservancies, including daily park entry fees, conservation levies, vehicle permits, ranger or security fees, and any applicable local surcharges, are imposed solely by the relevant Kenyan authorities or conservancy management. These charges are not controlled by Rhino Tours Limited (RTL) and are subject to change without prior notice. Unless specifically included in the FOI, such fees are typically payable directly by the Client at park gates or via official online platforms, in accordance with local regulations. Clients are responsible for familiarizing themselves with applicable park timing regulations, including but not limited to:
  • Maasai Mara National Reserve: The "12-hour rule" generally applies, with entry and exit required within a 12-hour window (commonly 06:00 to 18:00). Departure after 10:00 AM the following day by road, or after 10:00 AM at an internal airstrip, may be treated as an additional day and attract a full-day park fee surcharge imposed by the County Government of Narok. This rule is strictly enforced by permit inspectors and compliance surveillance equipment.
  • Nairobi National Park: Open daily from 06:00 to 18:00, with the latest permitted entry at 17:15. Entry or exit outside these hours is not permitted for security reasons.
  • Private Conservancies (e.g., Ol Pejeta, Naboisho, Mara North): Entry permits may be valid for a 24-hour period for overnight guests, after which re-entry fees apply. Additional charges may apply for activities such as night game drives, guided walks, or specialized experiences. RTL shall not be held liable for misunderstandings, additional charges, or penalties arising from non-compliance with park or conservancy regulations, as these are independently administered and strictly enforced by the relevant authorities.
• Optional Tours & Activities: Any tours, excursions, or activities not specified in the FOI or clearly marked as included are excluded from the tour cost and shall be at the Client's own expense. Participation in optional activities is subject to the terms and conditions of the respective service providers.

ACCOMMODATION AND TOUR IN GENERAL

• Single Rooms: RTL does not guarantee the availability of single or private rooms, even where such a request is made at the time of booking. Single room supplements may apply. If a single room is requested and confirmed but later becomes unavailable for reasons beyond RTL's control, RTL will endeavor to provide equivalent alternative accommodation. Any single room supplement paid will be refunded if a single room cannot ultimately be provided.
• Substitution of Facilities: RTL will make every reasonable effort to book and confirm the specific hotels, lodges, or camps as outlined in the itinerary. However, RTL reserves the right to substitute accommodation with an alternative of similar category and standard where necessary, including but not limited to circumstances such as overbooking, temporary closure, operational issues, or unforeseen maintenance at the originally confirmed property. Any such substitution will, wherever possible, be of comparable quality and value.
• Changes to Itinerary: RTL reserves the right to modify any route, arrangement, or scheduled tour component if operational conditions require such changes. These conditions may include, but are not limited to, adverse weather, road conditions, safety concerns, political events, government directives, or other circumstances beyond RTL's reasonable control. In such cases, RTL will endeavor to provide suitable alternatives of comparable value where feasible.
• Right of Refusal: RTL reserves the right to decline to accept or to retain any person as a participant on any tour if, in RTL's reasonable judgment, that individual's behavior is likely to affect the safety, comfort, or enjoyment of other participants or disrupt the tour operations. Should a participant be removed from a tour under such circumstances, RTL may refund a fair proportion of the tour cost corresponding to unused services, less any non-recoverable expenses.
• Client's Acceptance of Changes: Where RTL proposes alternative arrangements (such as a different hotel or modified itinerary) due to circumstances beyond its control and the Client chooses not to accept such alternatives, RTL shall not be liable for any claims, losses, or additional expenses arising from the Client's decision. Any costs incurred as a result of the Client's decision to deviate from the scheduled tour; choosing to make independent arrangements, including alternative transport or accommodation, shall be borne solely by the Client.

TRANSPORTATION

• Safari Vehicles: RTL shall provide appropriate transportation for the tour, which may include 4×4 safari Land Cruiser jeeps, safari minibuses (Vans), coaches, light aircraft, or other suitable modes of transport as deemed necessary or as specified in the itinerary. Safari vehicles are typically equipped with pop-up roofs for enhanced game viewing and are operated by experienced driver-guides. The type of vehicle used for transfers, game drives, or other transport services will depend on group size, road and route conditions, availability, and the category of tour booked.
• Vehicle Subcontracting: RTL reserves the right to subcontract transportation services or utilize alternative transport operators where operationally required. All subcontracted providers are carefully vetted to ensure acceptable safety and service standards. While RTL will ensure that outsourced vehicles meet our quality requirements, RTL will not be held liable for any shortcomings of third-party transport providers, except as required by law.
• Seat Belt & Safety: Clients are required to wear seat belts where available and to comply with all safety instructions issued by the driver, guide, or relevant authorities. There may be occasions when clients are traveling in remote areas without immediate access to emergency services; by participating in such travel, the Client accepts the inherent risks involved.

CLIENT'S INSURANCE & RESPONSIBILITIES

• Travel Insurance: The Client is required to obtain comprehensive travel insurance coverage prior to the commencement of the tour. Such insurance should, at a minimum, provide coverage for personal accident and injury, medical expenses, emergency evacuation and repatriation, loss or damage to personal property, trip cancellation or interruption, and any other foreseeable risks associated with travel.
• The Client acknowledges that if they fail to purchase travel insurance, they are doing so at their own risk and are responsible for any costs arising from incidents that a reasonable travel insurance policy would have covered.
• Travel Documents: The Client is responsible for ensuring that all personal travel documentations are valid and in order. This includes, but is not limited to:
  • A passport with at least six (6) months validity beyond the intended return date and sufficient blank pages.
  • Visas for all destinations and transit points.
  • Any required vaccination or health certificates such as yellow fever certificates where applicable.
  RTL will provide necessary information, support letters or general guidance for visa processing upon request; however, the responsibility for obtaining, verifying, and carrying correct documentation rests entirely with the Client. RTL will not be liable for denied boarding, refused entry, or additional costs resulting from incomplete or invalid travel documents.
• Flight Reconfirmations: Where the Client has arranged international or domestic flights separately from the tour package, the Client is responsible for reconfirming such reservations directly with the airline at least 72 hours prior to departure, or in accordance with the airline's requirements. This is particularly important for return or onward travel. RTL will not be liable for any loss arising from failure to reconfirm flight bookings.
• Special Requirements: The Client must notify RTL at the time of booking (or as soon as possible) of any special requirements or medical conditions they have. This includes dietary restrictions, disabilities, health issues or any other condition that may require special arrangements or attention. RTL will make reasonable efforts to accommodate such requests, including arranging special meals, accessible rooms, or notifying guides of mobility concerns. However, fulfillment of special requests cannot be guaranteed where they are beyond RTL's direct control. RTL is not liable for any inability to accommodate special requirements in such circumstances.
• Conduct and Compliance: The Client is expected to conduct themselves in a respectful and orderly manner throughout the tour. The Client must comply with all instructions provided by tour guides, drivers, accommodation providers, and local authorities, as well as adhere to the laws and regulations of the destination country. If the Client causes damage to property or injury to others, he/she will be held liable for the costs and consequences of the same.

RTL'S RESPONSIBILITIES

• Agent Role: RTL acts as a tour operator and booking agent on behalf of the Client. RTL arranges travel services (transportation, accommodation, meals, guided tours, and related services) provided by independent suppliers such as hotels, airlines, safari operators, and activity providers. While RTL selects reputable suppliers and exercises reasonable care in making arrangements, RTL does not own or operate most third-party services used in the tour. Therefore, RTL shall not be liable for personal injury, property damage, or other loss arising from wrongful, negligent, or arbitrary acts or omissions on the part of a third-party supplier.
• Quality of Subcontracted Services: RTL will subcontract the best available services for transportation, accommodation, and other tour components. In the event of any shortfall in services provided by a subcontracted supplier, RTL's liability (if any) shall be limited as outlined in the "Limit of Liability" section of these Terms & Conditions. RTL will, however, make efforts to address and resolve any issues that arise during the tour and to ensure that the tour proceeds as smoothly as possible.
• Own Services: Where RTL directly owns or operates a facility or service (for example, a lodge, camp, or transportation service operated by RTL), RTL will be directly responsible for the quality and operation of that service, subject to applicable law and these Terms & Conditions.
• Tour Execution: RTL is responsible for organizing the tour substantially as described in the itinerary. If any significant changes are needed, RTL will inform the Client as soon as possible and provide alternatives of comparable quality (see "Accommodation and Tour in General" for potential changes). RTL will provide experienced driver-guides or tour managers where applicable and will plan itineraries with due regard for safety and enjoyment. However, the Client should understand that travel in wilderness areas or developing regions may not always proceed exactly as scheduled due to unforeseen circumstances, and a degree of flexibility may be required.

REFUNDS

• Unprovided Services: If RTL is unable to provide any prepaid service or tour component due to RTL's own negligence or other fault (for example, a confirmed accommodation was not provided and no equivalent alternative was arranged, or a paid activity is missed due to RTL's error), RTL will refund the value of that service or a proportionate amount of the tour cost, as appropriate. Any such refund for shortcomings in services provided by RTL will be determined on a case-by-case basis.
• Third-Party Refunds: Refunds for services or portions of the tour that are missed or not delivered as promised due to third-party failures (such as airline cancellations, hotel overbookings, etc.) will be subject to the terms and conditions of those third-party suppliers. RTL will assist the Client in seeking any due refunds from those suppliers but does not guarantee recovery of funds.
• Cancellation Refunds: Refunds resulting from Client-initiated cancellations (where applicable under the Cancellation Policy) will be processed less any applicable cancellation charges and non-refundable components. If a refund is due, RTL will endeavor to process it within a reasonable period. Any bank charges or transfer fees incurred during the refund process shall be borne by the Client.
• No Refund for Unused Services: As stated under "Cancellation & Amendments," no refunds will be made for any unused tour services or portions of the tour voluntarily skipped by the Client.

LIMIT OF LIABILITY

• Inherent Risks: The Client acknowledges that certain tour activities carry inherent risks, including but not limited to wildlife viewing, walking safaris, hot air ballooning, light aircraft flights, mountain climbing, water-based activities, and other outdoor or adventure experiences. By participating in such activities, the Client accepts the associated risks. RTL shall not be liable for death, injury, or incident arising from participation in such inherently risky activities, except in cases of willful negligence by RTL. (Clients are strongly advised to obtain appropriate insurance coverage for such activities).
• Force Majeure and Other Uncontrollable Events: RTL will not be responsible for any loss, damage, delay, or expense arising from events beyond its reasonable control. These include, but are not limited to, illness or epidemics, quarantine restrictions, weather extremes or natural disasters, strikes, war, terrorism, civil unrest or riots, government actions, border closures, or regulatory changes. In such circumstances, RTL will endeavor to make alternative arrangements so as to minimize impact on the tour, but any costs incurred due to such unforeseen events will be borne by the Client.
• Travel Delays and Cancellations: RTL is not liable for any delays or cancellations in transportation services (flights, trains, road transport, etc.) that are beyond its direct control. Any additional expenses resulting from such delays (such as extra hotel nights, meals, or rebooking fees), shall be the responsibility of the Client. RTL will assist in providing documentation for travel insurance claims in such cases.
• Indirect or Consequential Loss: In no event shall RTL be liable for indirect, incidental, or consequential losses or damages, including loss of profit, missed opportunities, or emotional distress arising from the tour or these Terms & Conditions. RTL's maximum liability for any claim whatsoever (for breach of contract, negligence, or any other cause) will not exceed the total amount paid by the Client for the tour in question.

DATA PROTECTION & PRIVACY

• Compliance with Data Protection Laws: RTL is committed to safeguarding the Client's personal data and operates in compliance with the Kenya Data Protection Act, 2019, and applicable regulations. Any personal information provided by the Client will be processed and stored in accordance with this law and RTL's Privacy Policy.
• Use of Personal Information: The personal data collected from the Client (including names, contact details, passport information etc.) will be used solely for the purpose of arranging and executing the Client's travel bookings and enhancing the travel experience. Relevant details may be shared with airlines, accommodation providers, government authorities (if required for visa or entry purposes) and other service providers strictly on a need-to-know basis.
• Data Security: RTL implements appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, or loss. However, no data transmission or storage system can be guaranteed to be entirely secure.
• Privacy Policy: For further information regarding how RTL collects, uses, and protects personal data, the Client may request a copy of RTL's Privacy Policy. By accepting these Terms & Conditions, the Client also acknowledges having read (or had the opportunity to read) RTL's privacy disclosures.
• Consent: By providing personal data to RTL, the Client consents to its use and processing for the purposes described above. The Client also consents to receiving essential communications from RTL related to their booking (such as e-tickets, itineraries, updates, and feedback requests). The Client may withdraw consent for marketing communications at any time by notifying RTL. (Withdrawal of consent for processing personal data that is necessary for providing the tour services may affect RTL's ability to fulfill the booking, in which a cancellation may need to be treated as initiated by the Client).

LAWS OF THE LAND

• Governing Law: This agreement and any disputes arising from it shall be governed exclusively by the laws of the Republic of Kenya.
• Jurisdiction: The Client and RTL agree that the courts of Kenya shall have exclusive jurisdiction to hear and determine any disputes arising out of this agreement or the Client's tour. The Client agrees to submit to the jurisdiction of the Kenyan courts for this purpose.
• Severability: If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.
• Waiver: The failure of RTL to enforce any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. No waiver by RTL of any breach of these terms by the Client shall be deemed a waiver of any other existing or future breach.

By booking a tour with RTL, the Client acknowledges that they have read and understood the above Terms & Conditions and agree to abide by them. Safe travels and enjoy your experience with Rhino Tours Limited.