Terms and Conditions of Carriage
PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING www.airkenya.com.
By using www.airkenya.com the user agrees to the following terms and conditions:
1. www.airkenya.com is operated by Airkenya Express Ltd. The site offers a variety of tourism services and products including flights organized trips and package deals "The Services".
2. The Services offered in www.airkenya.com are offered by Airkenya Express Ltd. The Services offered on www.airkenya.com may be provided by Airkenya Express Ltd. and/or other various third party providers and distributors.
- The use of www.airkenya.com is subject to the terms and conditions stipulated hereunder "The Terms and Conditions." The Terms and Conditions constitute an agreement between Airkenya Express Ltd. and the user of www.airkenya.com.
- The user is requested to read carefully the Terms and Conditions as they determine his rights and obligations. Using www.airkenya.com and typing "I agree to the Terms and Conditions" at the end of this form constitute a definite and irrevocable acceptance on the part of the user to all the Terms and Conditions and the user and/or anyone on his behalf shall not have any claim and /or demand whether direct or indirect against Airkenya Express Ltd. and/or its owners and/or anyone acting on their behalf except as provided here within
4. Airkenya Express Ltd . reserves the right to change and/or modify at any time and at its sole discretion the Terms and Conditions the scope and availability of the offered Services and products at www.airkenya.com and any other aspect connected and/or related to www.airkenya.com. Each change and/or modification shall take effect from the time of its inclusion in www.airkenya.com. The binding Terms and Conditions of each order made by the user shall be the Terms and Conditions appearing on the www.airkenya.com site at the time of the order. A user who does not agree with any part of the Terms and Conditions must not use www.airkenya.com.
- The Terms and Conditions refer to both male and female and the linguistic use of the male gender is for convenience only.
5. Information Security and Privacy
The personal details that the user submits while making a order including the details of his purchases shall be retained by Airkenya Express Ltd. for its database. Airkenya Express Ltd. shall not transfer this information to any third party except to its service providers and only for completing the order.
- Airkenya Express Ltd. dedicates resources and takes measures to prevent others from entering www.airkenya.com and infringing upon the privacy of the www.airkenya.com users. Yet it is impossible to totally prevent others from entering the site and obtaining the information contained within without Airkenya Express Ltd. knowledge and authorization. Therefore the user hereby s that he shall not have any claims and/or demands of whatever sort against Airkenya Express Ltd. and or anyone acting on its behalf arising from such unauthorized use of the information if it shall regretfully occur.
6. Ownership and Rights
www.airkenya.com the trademarks and models contained within are the property of Airkenya Express Ltd. and/or of other third parties that advertise in www.airkenya.com. The user must not change and/or modify the content and/or the information and/or the data and/or the software and/or the Services and/or the products and/or anything else contained within www.airkenya.com. Furthermore the user must not copy and/or reproduce and/or republish and/or distribute and/or sell and/or transfer and/or modify and/or use in any way or kind directly and/or indirectly data and/or information and/or any other element contained and/or is a part of www.airkenya.com except download display and/or print one copy of the information presented at www.airkenya.com on a single computer for personal non-commercial use only.
7. Nothing contained on www.airkenya.com should be construed as granting any license and/or any right to use any of the propriety rights displayed on www.airkenya.com nor any waiver of whatever kind of those rights by their owners.
8. The use of any trademarks and/or other propriety rights contained in www.airkenya.com on any other Web site and/or in any other environment of networked computers is strictly prohibited. The user must not post and/or transmit any unlawful threatening libelous defamatory obscene indecent inflammatory pornographic or profane material and/or any other material that could constitute and/or encourage conduct that would be considered a criminal offense and/or give rise to civil liability and/or otherwise in violation of any law domestic or foreign.
9. Illegal and/or unauthorized use of www.airkenya.com and/or of the information contained in www.airkenya.com shall constitute a breach of copyrights and/or trademarks and/or other intellectual properties and a violation of propriety laws.
The user hereby s that he knows that www.airkenya.com and all the information and/or data contained within as well as the form and design of www.airkenya.com are the exclusive property of Airkenya Express Ltd. and in the case of third parties' advertisements the property of those other third parties.
10. Airkenya Express Ltd. and any third party advertising on www.airkenya.com make no warranty of whatever sort or kind in regard to www.airkenya.com and the Services and products advertised in www.airkenya.com all of which are provided on an "as is" basis. Airkenya Express Ltd. and any third party providers and/or distributors do not warrant the accuracy and/or completeness and/or reliability of any of the content and/or information and/or data contained on www.airkenya.com and expressly disclaim to the fullest extent permitted by the applicable law all warranties and conditions including implied warranties and conditions of merchantability and/or fitness for a particular purpose and non-infringement and those arising by statute and/or otherwise in law and/or from a course of dealing and/or usage of trades. www.airkenya.com also includes information over which Airkenya Express Ltd. has no supervision and/or control. Airkenya Express Ltd. does not verify the authenticity of this information and will not bear any liability for any mistake and/or deceit and/or discrepancy and/or missing information included therein.
11. Conditions and Liabilities
The liability of Airkenya Express Ltd. is limited by their terms of contract as well as by international conventions and local laws. Before reserving a flight through www.airkenya.com it is recommended to read the specific customer contract of the airline that operates the flight. If the user wishes to receive the contract conditions of the airline which operates the flight he can contact Airkenya Express Ltd.'s Reservations Center and this information if available shall be given to him under the condition that the user has reserved the flight through www.airkenya.com.
12. If the Services ordered by the user are not services that are provided by Airkenya Express Ltd.Airkenya Express Ltd. shall be considered as an intermediate only between the user and the airlines and/or the travel agencies and/or the tour operators and therefore Airkenya Express Ltd. shall not be responsible and/or liable directly and/or indirectly to any damage and/or loss of whatever sort or kind caused due to the faulty and/or improper performance of those services and the sole responsibility and liability in this regard shall be borne by the service providers according to their terms of service.
13. Airkenya Express Ltd. and/or any of the managers of www.airkenya.com and/or the operators of www.airkenya.com and/or anyone acting on their behalf do not warrant that the site is free from viruses and/or other malicious components that may damage the user's computer and/or other equipment and therefore shall not be responsible under any circumstances and/or liable for any damages of whatever sort or kind caused by such viruses and/or other components.
14. In no event shall Airkenya Express Ltd. and/or any third party providers and/or distributors be liable for any injury and/or loss and/or claim and/or damage and/or any special and/or exemplary and/or punitive and/or indirect and/or incidental and/or consequential damage of any kind including but not limited to lost profits and/or lost savings and/or revenues whether based in contract tort strict liability or otherwise which arises out or in any way connected with any use of www.airkenya.com and/or any failure and/or delay including but not limited to the use or inability of use of any component of www.airkenya.com the performance and/or non-performance by Airkenya Express Ltd. and/or any third party providers and/or distributors even if Airkenya Express Ltd. and/or any such third party has been advised of the possibility of such damages.
15. The user shall compensate and indemnify Airkenya Express Ltd. and/or anyone acting on its behalf and/or any third party providers and distributors and their officers directors employees and agents from and against any claims and/or demands including for all the expenditures and/or damages and/or legal costs that Airkenya Express Ltd. may be liable to due to the usage of www.airkenya.com by the user.
16. Change Modifications and Cessation of the Site and Offered Services
Airkenya Express Ltd. may cease at any time the activity of www.airkenya.com and/or cancel the Services offered in it including but not limited to all or some of the links contained in www.airkenya.com to other sites.
- Airkenya Express Ltd. may cancel the purchase of the Services by the user without any prior notice. Airkenya Express Ltd. may refuse access or cease access to www.airkenya.com or to any part of it to any user and at any phase at its sole discretion and without any prior notice.
- Airkenya Express Ltd. may change and modify from time to time the site's structure and/or outlook and/or terms and conditions of use and/or the scope and availability of its offered services and/or any other element connected to the site its operation and the Services at its sole discretion and without prior notice.
17. All pictures and images displayed on www.airkenya.com are for demonstration purposes only and do not in any of form constitute any obligation of whatever sort on Airkenya Express Ltd's part.
18. Information displayed on www.airkenya.com that is given to Airkenya Express Ltd. by third parties is under the sole responsibility of those parties and Airkenya Express Ltd. shall not be responsible and/or liable to any mistakes and/or misrepresentation of whatever sort regarding such information.
19. Use of www.airkenya.com
The user may use www.airkenya.com to make legitimate orders or purchase different services and must not use www.airkenya.com for any other purposes including without limitation to make any speculative false or fraudulent order and/or any order in anticipation of demand.
20. An order through www.airkenya.com can be paid only by a credit card. Any person who owns a valid credit card of one of the following Credit Card Companies may purchase services through Airkenya Express Ltd. Net: Visa American Express MasterCard and JCB. Without detracting from the above stated a condition precedent for the execution of the purchase order through www.airkenya.com is the receipt of the approval of the user's credit card company for the purchase. The same Credit Card MUST be presented upon Check In for verification on the day of departure.
21. www.airkenya.com is intended for making orders and purchasing different services and products and for the receipt of information in this regard to such services and products. No other use is permitted.
22. If the user represents that he is of a sufficient legal age to use www.airkenya.com and to create binding legal obligations for any liability that he may incur as a result of the use of www.airkenya.com he shall be financially responsible for all uses of www.airkenya.com by the user and those using his login information.
23. Reservation Procedure
The user should enter in the chosen order's details the credit card details and all other details requested by the order form. The user shall be solely responsible for all errors while entering the different requested details including but not limited to errors in choosing the flight destination and/or vacation and/or the number of tickets and/or services that the user wishes to purchase and/or mistakes in regard to the ages of the passengers and/or in regard to the passenger's passport details.
24. Airkenya Express Ltd. and/or third party providers and/or distributors shall not be responsible and/or liable directly and/or indirectly if the order and/or some of the order's details shall not be accepted by the system for whatever reason and/or cause.
25. Airkenya Express Ltd. shall not be responsible for any technical and/or other problems that shall prevent the user from purchasing the Services on www.airkenya.com.
26. Entering false details including invalid credit card details and/or details of credit cards that the user has no right to use is a criminal offense. Legal action can be taken against anyone entering false information including civil suits for damages which Airkenya Express Ltd. and/or any third party providers and/or distributors might incur due to or in regard to the entering of false information.
27. Airkenya Express Ltd. and/or third party providers and/or distributors are under no obligation to accept the user's order and/or to give it priority over other orders including orders that were made at a later time.
28. Prices and Payments
The prices listed on www.airkenya.com are valid for orders made exclusively through www.airkenya.com The prices specified on www.airkenya.com are in U.S. dollars. All payments in different currencies shall be translated to U.S. dollars according to the selling transfer rate of the U.S. dollar. Airkenya Express Ltd. shall debit the user's credit card for the order only after confirmation of the order.
An extra fee will be charged for order changes and/or cancellations.
29. The number of vacation days per each package listed on www.airkenya.com includes the day of departure and the day of return in accordance with the flight schedules of the various airlines. The number of vacation days is counted from the time the passengers leave their country to the time they return even if the departure occurs in the afternoon or evening and the return flight lands in the morning.
- Reservation that have been sent and cancelled shall be charged with full cancellation fees.
- The cancellation fees that the user shall be charged with shall be at the rates customary in Airkenya Express Ltd. and/or as charged by third party providers and distributors of the Services. The user is requested to ascertain by phone the rate of the cancellation fees before the actual cancellation.
- Airkenya Express Ltd. recommends that the user acquire insurance policies which will cover events of cancellations and a medical insurance policy. Airkenya Express Ltd. recommends that the user check carefully the terms and conditions stated in these polices.
31. General Flight Information
The flight schedules and the airport of origin and destination are subject to change.
32. Visas and Passports
- The user shall be solely responsible for any damages of whatever sort or kind that may be caused by any errors in typing passport details including their expiration dates. A passenger who claims to have a valid exit or entrance visa in accordance with the law of the relevant countries and then finds out at the airport of departure or destination that he does not hold a valid visa and/or other essential documents is solely responsible for all the damages that he and/or the airline and/or Airkenya Express Ltd. and/or anyone acting on its behalf shall incurred.
- The passenger shall indemnify the airline and/or Airkenya Express Ltd. and/or anyone acting on its behalf for such damages immediately upon Airkenya Express Ltd.'s first demand. In addition and without prejudice to the passenger's obligation Airkenya Express Ltd. shall be entitled to debit those amounts by charging the passenger's credit card that the details of which were given by the passenger and/or any other means.
33. Links to Other Sites
www.airkenya.com contains links to different commercial Web sites and other Internet pages hereinafter: "the Other Web Sites". Airkenya Express Ltd. has no control over the Other Web Sites and the use of them is subject to the terms conditions and other instructions detailed in the Other Web Sites if such exist. The Web Sites are provided only for the user's convenience and are not endorsed by Airkenya Express Ltd. in any way or form.
34. Airkenya Express Ltd. shall not be liable in any way whatsoever to the contents of the Other Web Sites and the inclusion of the links are not in any way confirmations of whatever sort on Airkenya Express Ltd.'s behalf as to the truthfulness and/or correctness of the information contained on the Other Web Sites.
35. If the user shall decide to access the Other Web Sites he does so at his own risk. Every transaction that the user will carry out on the Other Web Sites shall be executed directly between the user and the Other Web Site and/or the site owners and/or its operators and/or anyone acting on their behalf without any involvement on the part of Airkenya Express Ltd. and/or anyone acting on Airkenya Express Ltd.'s behalf and Airkenya Express Ltd. and/or anyone acting on its behalf shall not be liable in any way or form to any act and/or transaction and/or purchase that shall take place in the Other Web Sites.
36. By using www.airkenya.com the user agrees and acknowledges that he will have no claim and/or demand of any kind or form against Airkenya Express Ltd. and/or anyone acting on its behalf for any use and/or act and/or transaction and/or purchase of products and/or services that will take place on the Other Web Sites.
37. If Airkenya Express Ltd. and/or anyone acting on its behalf shall try out of their good will and on exceptional basis to assist in solving a problem of a user on www.airkenya.com that chose to carry out a transaction on the Other Web Sites this assistance shall not be interpreted in any way as putting any liability of whatever kind or form on Airkenya Express Ltd. and /or anyone acting on its behalf. Similarly nothing shall be interpreted in these Terms and Conditions as creating any liability of whatever sort or kind on Airkenya Express Ltd. and/or anyone acting on its behalf for any act whatsoever that the user has taken on the Other Web Sites or by means of the Other Web Sites.
38. Entire Agreement Additional Terms and Severability
These Terms and Conditions together with those incorporated herein or referred to herein constitute the entire Agreement between Airkenya Express Ltd. and the user relating to the subject matter hereof and supersedes any prior understandings and/or agreements whether oral and/or written regarding the subject matter and may not be amended and/or modified except in writing or by making such amendments or modifications available on www.airkenya.com.
39. Additional terms and conditions may apply to orders purchases of goods and/or services and other uses of portions of www.airkenya.com and the user agrees to abide by such other terms and conditions.
40. The Terms and Conditions shall be deemed severable. If any provision shall be determined to be unenforceable and/or invalid such provision shall nonetheless be enforced to the fullest extent permitted by the applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.
41. Jurisdiction and Choice of Law
The law of the State of Kenya only shall govern this Agreement and the orders made through www.airkenya.com. The Courts of the Nairobi district in Kenya shall have the exclusive jurisdiction in any dispute and/or complaint and/or the claim regarding the use of www.airkenya.com and the purchases/orders made on it.
42. GENERAL CONDITIONS OF CARRIAGE:
If the passengers journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of the carrier for death or personal injury and in respect of loss of damage to baggage.
CONDITIONS OF CONTRACT
- As used in this contract, "ticket" means this passenger ticket and baggage check, of which these conditions and notices form part, "carriage" is equivalent to "transportation", "carrier" means all air carriers that carry the passengers or his baggage hereunder or perform, any other service incidental to such air carriage, "Warsaw Convention" means the Convention for the Unification of Certain Rules relation to international carriage by Air signed at the Warsaw Convention, 12th October 1929, or that Convention as amended at The Hague, 25th September 1955, whichever may be applicable.
- All carriage by air hereunder (including carriage which is not "international carriage" as defined by the Warsaw Convention, carriage excluded from the terms of the convention and all other carriage by air of whatever nature whether specifically mentioned in the convention or not) is subject to the rules and limitations relating to the liability established by the Warsaw Convention and to (I) provisions contained in this ticket, (ii) applicable tariffs, (iii) carriers conditions of carriage and related regulations which are made part thereof in the carriage of passengers the liability of the carriage for each passenger is limited to a sum being the Kenya shilling equivalent to US$20,000, in the carriage of registered luggage and goods the liability of the carrier is limited to a sum being the Kenya shilling equivalent to US$10 per kilogram.
- The Carriers name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carriers tariffs, conditions of carriage, regulations or timetable, carriers address shall be the airport of departure shown opposite the first abbreviation of carriers name in the ticket, the agreed stopping places are those places set forth in this ticket or shown in the carriers timetables as scheduled stopping places on the passengers route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
- An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as an agent.
- Any exclusion or limitation of liability of carrier shall apply to and for the benefit of agents, servants and representations of carrier and any person whose aircraft is used by the carrier for carriage and its agents, servants and representatives.
- Freight is carried strictly on a space availability basis. The company does not accept any liability for any direct or consequential costs arising from any delays in carriage due to any reasons whatsoever. In the event of the freight being lost or damaged during carriage then the Company's liability is limited to a maximum of Ksh 100 per kilo. No liability is accepted for cash, jewellery or other valuables. All claims for such events must be made in writing within 7 days of their occurrence.
- Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetable or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alte;rnate carriers or aircraft, and may alte;r or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility to making connections.
- Passengers shall comply with government travel requirements and must present entry or exit documents as required by the regulator. Arrive at the airport at a time as required by the carrier to be able to complete the required check in procedures.
- No agent, servant or representative of carrier has authority to alte;r, modify or waive any provision of this contract.
- On all services the luggage allowance is 15 kilos in soft bags. These allowances shall include all hand baggage. The carriage of excess baggage is at the sole discretion of the company after taking into consideration the aircraft being used and the number of passengers booked. When excess baggage is carried it will be charged at the prevailing freight charges.
- The company reserves the right to re-allocate seats if the passengers have not checked in 15 minutes before the departure time. .
- Airkenya requires that it be informed in advance of persons with disabilities, physically challenges, illnesses or old age. If such a person is unable to lift themselves, reach an emergency exit unaided, communicate with the crew and unfasten a seat belt; such persons must be accompanied by two persons who will assist them during embarking and disembarking the aircraft and in cases of an emergency.
- Smoking is not permitted in any aircraft. Designated smoking areas at passengers terminals must be adhered to.
- The company is not responsible for any direct or consequential costs resulting from any delays to its services.
- Airkenya Express Ltd will only accept carriage of firearms between the following destinations: Nairobi, Mombasa, Malindi, Lamu, Diani, Kisumu, Eldoret IntI. and Lockichoggio.
- The contract evidenced hereby or contained herein shall be governed by the law of Kenya and any claim or dispute arising hereunder shall be determined by the Kenyan courts to the exclusion of the courts of any other country.
- If, for reasons of safety, an aircraft is unable to land at an airstrip, the Company reserves the right to fly the passengers to the nearest alte;rnative airstrip. The Company is not responsible for any consequential costs resulting from this.
- Passengers paying by Credit card will be required to present the card at the check-in desk for authentification.
- Pet Policy: The carriage of animals is at the sole discretion of the company and subject to the company receiving adequate prior notice and the animal traveling in a proper airline approved container. A US$ 50 fee will be charged for traveling with a pet per sector. An additional US$50 is charge for use of the Airlines Pet Container, per sector. KAA have issued new guidelines for the carriage of pets and animal products. The new rules took effect in December 2013 they are as follows:
- The Veterinary Officer (Wilson Airport) should be informed early of intent to travel or transport animals/animal prodiucts.
- The movement Permits of any pet to be issued by the Veterinary Officer on duty on the day of the flight
- A fee of 1000/- per pet is payable
- Certificates of vaccinations from a Licensed Veterinary surgeon must be shown
- Each pet is required to be in a pet cage
- For animal products (meat, etc)
- Certificate of transport from where the meat/animal product is coming from.
- Should be in a chilled box
- The Veterinary Office, Wilson Airport can be contacted on Tel. 0710 107900
20. Airkenya schedule tickets will show passenger final destination, however due to the nature of safari flying the flight may not route direct as indicated in the ticket but stop via other scheduled destinations.
43. CANCELLATION NO-SHOW POLICY
- Above 10 days before date of travel: USD 20 fee per ticket if tickets have been issued.
- Between 9 to 5 days before date of travel: USD 50 fee per ticket.
- Within 4 days to date of travel and NO-SHOWS: No refund
- No-show tickets can be re-used on stand-by basis up to validity of ticket with a USD 20 amendment fee.
- Processing fee of 5% of the total booking value to be charged on credit cards and mobile money refund.
- Above 10 days before date of travel: Nil charge if ticket is not issued.
- Above 10 days before date of travel: USD 20 fee if ticket has been issued.
- Within 9 to 5 days to date of travel: USD 50 fee per change on firm basis OR 20 fee per change on standby basis.
- Within 4 days to date of travel: USD 100 fee per change on firm basis OR USD 20 fee per change on standby basis.
- Special Promotional fare tickets will be subject to separate terms and conditions. Please ensure you check with Airkenya Reservations before you purchase tickets.
Passenger unable to travel for health reasons refunds in this case will be considered on an individual basis however a handling fee of 30 per ticket is payable. In all cases refunds will be paid within 45 days from date of cancellation.
Tickets are not transferable. Penalties are payable IN CASH before date of travel. Tickets are valid for six months.
Passengers must check in one hour before the scheduled departure time on all flights. Check-in counters will close 15 minutes before scheduled departure time for all services/destinations.
45. Freight Excess Baggage:
Local Freight rate is USD 3.00 per kilo plus 16% VAT. International Freight rate USD4.00 per kilo plus 16% VAT. A client may pay the equivalent in Kenya Shillings based on the prevailing IATA rate.
All Fares are quoted in US and are subject to availability. USD fares may be converted to the Kenya Shilling equivalent using the IATA rate of exchange prevailing at the time of purchase of tickets. Rates are subject to change without notice. Fares quoted are exclusive of taxes.
47. INFANTS CHILDREN
Infants under 2 years of age are carried free provided they do not occupy a seat. Children under 12 years of age are carried at 70 per cent of the adult fare.
48. PRIVATE CHARTERS:
If the scheduled services do not meet your route or timings requirements then a private charter may be the solution. Please do not hesitate to contact any company office for a quotation to meet your needs.
Airkenya Express has an associate company Regional Air Services based in Arusha Tanzania which provides scheduled services in the North of Tanzania and charter flights throughout the country.
50. SAFARI PACKAGE CANCELLATION POLICY
- Once confirmed cancellation charges will be as follows:
- When the Cancellation Policy is between 45 - 20 days of arrival date the cancellation fee is 30 of the package rate
- When the Cancellation Policy is between 19 - 5 days of arrival date the cancellation fee is 50 of the package rate.
- Cancellation 4 days or less from the arrival date or should a guest fail to arrive the cancellation fee shall be one hundred 100 of the applicable rate.
- In all cases notification of Cancellation is only accepted when received in writing to Email: firstname.lastname@example.org, email@example.com