terms & conditions
1) General
This agreement is construed in accordance with the laws of Kenya.
In these Booking Conditions, the word we/us/our refers to Wildways Limited, registered office P.O.Box 14843, Nairobi, Kenya, East Africa, registered Company Number C88781. The word you/your/yours and other references to the client include all members of the party, who signed this booking agreement.
Additions to or alterations of the terms and conditions of this agreement shall be null and void unless agreed upon in writing, the only exception hereof being an agreement by telecom for an extension of the hire period. The terms and conditions hereof also apply in relation to any extension of the rental period agreed by both parties.

2) Reservations, booking deposit and balance.
To secure a booking, a booking deposit of 25% of the total fee together with a completed booking form is required. On receipt of these you will receive a confirmation letter and invoice for the total amount due. In order to retain the booking the balance must be paid no less than 8 weeks before the period of hire commences. Any other costs which arise during the course of the hire period (e.g. extension of the rental period) shall be settled at the time they are incurred or at the latest on surrendering the vehicle.

3) Vehicle deposit
For each vehicle and its respective equipment a vehicle deposit of £995 will be required, payable on taking possession of the vehicle. This deposit will be returned in full, without interest, on the safe, intact and punctual return of the vehicle and its equipment.

4) Cancellation
Cancellations must be received in writing and the following conditions apply:
Less than 8 weeks notice and 50% of the booking deposit will be retained,
Less than 6 weeks notice and the booking deposit will be retained in full,
Less than 4 weeks notice and 50% of total hire charge will be retained,
Less than 1 weeks notice and 100% of total hire charge will be retained.
If more than 8 weeks notice is given the deposit will be returned minus any administration costs incurred by us in the negotiation of your contract.

5) Insurance
It is a condition that you take out adequate personal liability, personal accident, medical expense, repatriation/evacuation and cancellation insurance. We will need to see proof of this cover before the time of your departure and a copy must be left at our office.

6) Special Conditions
a) We recommend that you only book a self-drive safari i.e. not in the company of a driver/guide or driver, if you have been in East Africa (Kenya, Tanzania or Uganda) before and are familiar with and have been exposed to the cultural environment and conditions that prevail in East Africa.
b) It is a condition of booking, when on a self-drive safari, that all group members attend our familiarisation training prior to their departure, the object of which is to familiarise you with the vehicle’s equipment, driving in an African city environment and on the rugged tracks, which you will encounter whilst on your safari.
c) We reserve the right, on completion of the familiarisation training or at any time thereafter, at our sole discretion, to provide you with a driver at your cost.

7) Our Liability
a) The rental fee includes fully comprehensive insurance. Whilst acting in accordance with the terms and conditions of our contract and the insurance policy and the laws of Kenya, which you accept by signing this booking agreement, your excess will not exceed £995. Should you in any way act contrary and therefore our insurance cover becomes void, you will assume full responsibility for any compensation, damages, repairs, costs and consequential loss incurred thereby.
b) Our vehicles are regularly maintained. Therefore in the unlikely event that you have a breakdown we expect you to cope with these breakdowns as you would with your own car, that is, to try to cure the problem by yourselves or by seeking advice and help as available, in the location and circumstances. Repairs over 10.000/= (Kenyan Shillings) must be authorized by our office first. If the vehicle is not repairable, we will provide help or an alternative vehicle.
c) Owing to the potentially hazardous nature of a self-drive safari we shall not be liable for any damage, loss or personal injury whether or not caused or contributed to by our actions or omissions. You furthermore agree to indemnify Wildways against any claim
i) by you or your personal representatives or dependants in respect of any accident, personal injury or loss of life suffered by you or any person in the vehicle during the course of the self drive safari whether caused by the actions or omissions of any party concerned or otherwise;
ii) in respect of any accident, personal injury, loss of life or damage caused by you during the self drive safari.
d) We accept no responsibility for the services or facilities of any supplier over whom we have no control, such as campsite operators, hotels/lodges, guides, garages, or any other facility you may use during your period of rental, irrespective of whether recommended to you or reserved for you by ourselves.
e) Whilst taking all precautions and using our best efforts to prevent such happening, we shall not be liable for any breakdown, theft or accident of said vehicle or your possessions nor consequential damage nor any expenses incurred i.e. accommodation, hiring of other transport or delays.
f) In these conditions, “Acts of God” means the occurrence of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, including but not limited to technical or maintenance problems concerning the Land Rover, war or threat of it, civil strife, industrial disputes, natural disasters, bad weather or terrorist activity. In the event of “Acts of God” we shall not be liable to you for breach of contract or otherwise liable to you.
g) Should you act contrary to any of the conditions herein we reserve the right to terminate the contract at any time.

8) Your responsibilities
a) The vehicle will be operated only by you and by a person or persons authorized by us who must be over 25 years and under 70 years of age and duly qualified and having held a valid driving license for a minimum of five years and that license must bear no current endorsement or endorsements during the last five years. A driving license from the country of residence or an International Driving Permit and valid passport must be produced at the time of departure, copies of which must be left in the office.
b) You agree, that you will return the vehicle, fully fuelled, together with all tyres, tools, car documents, car and camping accessories and equipment, to Wildways Ltd. on the date specified overleaf. A checklist of the equipment is supplied with each vehicle and forms part of the client’s legal responsibility, and any items including fuel found missing or damaged will be charged for at current prices.
c) You agree to treat the vehicle with due care and attention, to operate it in accordance with the instructions listed in the Land Rover manual provided and to ensure that it is every day in a roadworthy condition. Furthermore:
i) You shall each morning check the vehicle’s engine oil, water and tyres, as failure to do so will result in you being liable for any damage caused through neglecting to check such items,
ii) that when not in use, you shall always lock and apply or activate any other safety or anti-theft devices provided with said vehicle and in addition leave the vehicle in a safe area guarded by watchman/ askaris.
d) The vehicle shall not be operated:
i) to transport goods in violation of custom regulations or in any illegal manner,
ii) to carry property or passengers other than those named in the contract,
iii) to propel or tow any vehicle or trailer,
iv) in motor sport events or for vehicle tests,
v) by any person under the influence of alcohol or drugs,
vi) for long distance driving after dark and before sunrise,
vii) outside of the areas agreed in your itinerary,
viii) to proceed off-road or go off marked tracks, except to gain direct access to recognized campsites.
e) You expressly acknowledge personal liability to pay us on demand all fines and costs for parking, traffic or other legal violations assessed against the vehicle during term of this agreement and our costs including attorney’s fees incurred to collect payments due from you.
f) Should you wish to continue with your safari after an accident or theft, you shall accept to take a driver at your cost, if Wildways deems it necessary. Your refusal to do so will be interpreted as a breach of contract conditions.
g) You agree further to protect the interests of Wildways Ltd. and our insurance company in case of an accident by:
i) obtaining all names and addresses, car details and number plates of all parties involved and witnesses,
ii) not admitting liability or guilt,
iii) not abandoning the vehicle without adequate provisions for safeguarding and securing the same,
iv) calling our office by telephone even in case of slight damage,
v) giving a signed driver’s detailed report, including diagram to us,
vi) notifying the police immediately and providing Wildways with the original Police abstract form.
h) You shall indemnify us against any claim, made against us, and against any loss, damages (direct or consequential) and costs (including attorney and own client costs) that we may incur as a result of or which arise out of a breach of this agreement and/ or any act or omissions by you or any person who has access to the vehicle.

9) Mediation & Arbitration
If a dispute, controversy or claim arises out of or relates to this contract or the breach thereof and if the dispute cannot be settled through negotiation within 21 days of an offer by one party to negotiate a settlement, the parties agree to attempt to settle the dispute by mediation (in accordance with the Dispute Resolution Centre DRC Mediation Guidelines, which guidelines are deemed to be incorporated by reference to this clause). No party may commence any court proceedings or arbitration in relation to such dispute until they have attempted to settle by mediation and that mediation has terminated.
If the dispute has not been settled pursuant to the mediation within 21 days from when the mediation was instituted (date of the RDA notice), upon filing of a Request for Arbitration by any one party, it shall be referred to and finally determined by arbitration (in accordance with the Kenya Arbitration Act 1995, the Rules of the Kenya branch of the Chartered Institute of Arbitrators and DRC Arbitration Rules, which rules are deemed to be incorporated by reference to this clause).

10) Severability
If at any time one or more of the provisions of this contract is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity and unenforceability of the remaining provisions of this contact nor the legality, validity or enforceability of such provisions under the law of any other jurisdiction shall in any way affect or impair the Arbitrator jurisdiction to adjudicate on the remaining provisions of this contract.

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