WILD COAST AIR SAFARIS LTD TERMS AND CONDITIONS

The General Terms and Conditions shall remain valid in their entirety unless otherwise specifically notified or agreed to in writing by wild Coast Air Safaris LTD.

 

LIABILITY

The liability of Wild Coast Air Safari Ltd in respect of carriage of passengers hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention as applied in Kenya and by the terms and conditions stated hereunder.

AGREEMENT

The subject of this agreement is the transport of passengers and/or goods from the point of departure to the point of destination as stated in the confirmation.  Wild Coast Air Safaris LTD reserves the right to utilize and empty capacity an aircraft may have including any positioning flights before during or after the period the aircraft is available to the customer without any compensation to the customer.

  • Wild Coast Air Safaris LTD will accept to carry children under the age of 12 years only if they are accompanied by an adult.

  • It is the sole responsibility of passengers on international flights to ensure that they have the appropriate documentation including but not limited to passports and visas required by any Government authority. In case of additional surcharges, fees, fines or similar due to non-compliance, the customer will be directly billed for any such costs.

  • Wild Coast Air Safaris LTD will have no liability whatsoever for any direct or indirect costs if a passenger is unable to board a flight because he or she does not have the correct documentation.

  • Wild Coast Air Safaris LTD will endeavor to comply with the given air charter schedule with the confirmed aircraft and routing.

  • The customer shall provide Wild Coast Air Safaris LTD with a passenger name list as soon as possible after confirmation and before flight departure.

  • Should the aircraft be chartered from another operator, the conditions of carriage of that operator apply together with the regulations of that operator’s resident country as well as the regulations of the Warsaw Convention.

  • The customer is not entitled to offset the agreed price and payment obligation against any other potential claim the customer may have against Wild Coast Air Safaris LTD.

  • During Check-in passengers will be required to prove their identity by passport or other identity document containing a photograph.

  • Wild Coast Air Safaris LTD may at its sole discretion impose a requirement for a minimum number of passengers to be booked to a particular destination before operating that particular flight.

  • Wild Coast Air Safaris LTD accepts no responsibility whatsoever for direct or indirect costs related to a passenger off a Wild Coast Air Safari flight missing a connection to a flight on another carrier.

  • Animals will be treated as freight and only carried at the sole discretion of Wild Coast Air Safaris LTD and subject to the company receiving prior notice and the animal being in an airline approved container.

Wild Coast Air Safaris LTD reserves the right to deny carriage to any person or offload him/her at any airport/airstrip if in their sole discretion it is considered that carrying the passenger might endanger the safety of the aircraft crew or other passengers including but not limited to those reasons shown below:

  • The passenger is drunk or under the influence of alcohol or drugs.

  • The passenger has refused to comply with instructions related to safety or security from the crew or other authorized persons.

  • The passenger has made any threat related to the safety of the aircraft.

  • The passenger has used threatening or abusive words or gestures to any Wild Coast Air Safaris LTD employee or other authorized person.

  • The passenger has refused to comply with a personal or baggage security check.

 

QUOTATIONS / INVOICES

  1. Are aircraft specific and thus subject to aircraft serviceability and availability on the day of requested booking. Wild Coast Air Safaris reserves the right to substitute aircraft type with same or similar capacity in order to deliver the service requested.

  2. May only be issued by authorised agents of Wild Coast Air Safaris Ltd for, whether they are for air charter accommodation or ground services. All quotations issued shall be on point to point.

  3. Quotations are exclusively as per specific route requested, flight positioning legs (empty leg) are not included and /or implied in the flight service provided. Wild Coast Air Safaris reserves the right to re-position aircraft in accordance with required daily charter schedules at time of operation.

  4. All pricing is subject to industry and related fuel price fluctuations. Should a fuel price fluctuation occur over US$0.80 per litre, Wild Coast Air Safaris will inform the ‘charterer’ as far in advance as is possible. Additional costs for fuel price fluctuations will be billed to accordingly.

  5. Are valid for fourteen (14) days.

  6. When a refund requires a bank transfer then the associated bank charges will be deducted from the refund.

  7. If applicable, VAT of 16% shall be payable for services that attract VAT surcharge.

 

CHANGES TO BOOKINGS

  1.  Should there be any en-route changes or delays as a result of compliance with the requirements of international law or national legislation or subordinate legislation; or customers changed requirements: unserviceability of the aircraft beyond Wild Coast air Safaris Ltd reasonable control; safety of the aircraft: safety of the aircraft crew: and /or safety of our passengers, we reserve the right to postpone or redirect the flight, or provide the customer with another aircraft, should any  such occurrences arise and the booked aircraft becomes unavailable. Any additional costs arising from such changes and or delays (excluding the cost of repairing the aircraft, but including the costs arranging and alternative aircraft) shall become payable by the aircraft charterer in addition to the quoted price. Further, where the aircraft may be diverted due to weather and/or any other reason; and in the event, that the actual flight time logged by the pilot exceeds the quoted time. If all costs (including any positioning costs of the booked aircraft back to home base, in case  the above occurs en-route) are less than the amount agreed for the original flight schedule, Wild coast Air Safaris Ltd shall credit the difference to the customer.

  2. Wild coast Air safaris shall not be liable for any financial or emotional damages to the customer, its passengers or any third party arising from any such delay or change.

  3. The same applies if the customer wishes to change the given schedule. Wild Coast Air Safaris Ltd will do everything possible to comply with the customers’ requirement, provided applicable aviation regulations, air traffic control requirements and crew duty time restrictions can be maintained and if the changes do not conflict with other bookings.

 

INVOICES / PAYMENT TERMS

Shall be issued upon confirmation in writing of a charter flight request/booking. Payment of invoices are requested to be made within 7 days of the invoice issue and no later than 72 hours prior to requested departure by cheque, bank transfer, direct bank deposit, credit card or any other secure method.

 

Note: For bank transfers, all / any related transfers fees shall borne by the remitter/sender.

For payments made by credit card a processing fee of 3% of the total amount will be charged. Banking details for all payments are as per below:

CANCELLATION CHARGES:

All cancelations to confirmed charter flight bookings must be received in writing to info@wildcoastair.co.ke email address and you must receive confirmation from us by return, confirming and accepting the cancelation. Should a confirmed booking be cancelled, the following cancellation charges shall apply.

 

Non- refundable deposit of 20% of the total bookable amount will be charged, thereafter;

 

Peak Period: July – Sept & December

60-30 days prior to departure 30% of the total amount

29-10 days prior to departure 50% of the total amount

09-01days prior to departure 80% of the total amount.

Less than 24 hours prior to departure 100% of the total amount.

 

 

Off Peak Period: All other months

21- 10 days prior to departure 30% of the total amount

09-05 days prior to departure 50% of the total amount

04-01 days prior to departure 80% of the total amount

Less than 24hours prior to departure 100%of the total amount.

 

Wild Coast Air Safaris reserved the right to change for any/all costs related or incurred to a confirmed booking including expenses already incurred in order to confirm the booking, OR whichever is the greater. Including but not limited to clearance charges, positioning flights, ground services, crew costs, navigation charges or permits and any other costs directly related to flight preparation.

 

 

CANCELLATION OF ACCOMMODATION SERVICES

  1.  For accommodation cancelled or reduced in guest number between 90 and 76 days -20%of the total cost will be charged. 

  2.  For accommodation cancelled or reduced in guest number between 75 and 66 days -50%of the total cost will be charged.

  3. For accommodation cancelled or reduced in guest number between 65 days and No show – 100%of the total cost will be charged.

  4. During peak season a non-refundable 30% deposit must be made to confirm accommodation bookings and balance is payable 90 days prior to arrival.

 

INFLIGHT

  • THE CAPTAIN of the aircraft remains exclusively in command of the aircraft and shall have complete discretion concerning all technical and safety matters, both in and around the aircraft and for all phases of the flight including boarding take off, in flight and landing.

  • SMOKING is not permitted on board any Wild Coast Air Safaris Flight.

  • PASSENGER LUGGAGE The total baggage allowance for each passenger, inclusive of hand luggage and camera varies according to the passenger numbers, route and aircraft type flown. Average indication is 15kgs total and will be advised at the time of booking. All luggage must be packed in soft bags, which may easily be loaded in to the baggage hold. Hard-shell suitcases do not always fit in the luggage pods of our aircraft. If luggage does not fit in in the luggage pod, it may be offloaded. Wild Coast Air Safaris will not be responsible for the carriage of offloaded luggage to passengers’ destination. Excess baggage will only be carried to the sole discretion of the captain of the aircraft, if the payload of the aircraft and/or space permits. Excess if permitted will be charged at the prevailing rate for carriage of freight.

  • DANGEROUS or HAZARDOUS GOODS as classified by ICAO will not be permitted on board any of our aircraft within the necessary legal exclusion or safety documentation.

 

INFORMATION SECURITY AND PRIVACY

The personal details that the passenger submits while making a booking including the details of his purchases shall be retained by Wild Coast Air Safari Ltd for its database.Wild Coast Air Safari Ltd shall not transfer this information to any third party except to its service providers and only for completing the order.

 

YOU ACKNOWLEDGE

That all applicable health, exit ,entry, tax, visa , customs and any other legal and statutory formalities or requirements are compiled with by all passengers who travel on board our aircraft and by such requirements shall not be the responsibility of Wild Coast Air Safaris to process or enforce.

You hereby indemnify Wild Coast Air Safaris Ltd from any claim or damage which may incurred or suffered from traveller or any flight other than claims or damage caused by Wild Coast Air Safaris’ own negligent or wilful misconduct.

 

THIS CONTRACT


In terms and conditions hereby and all inclusions or exclusions herein shall be governed by the laws of the Republic of Kenya and any claim or dispute  whatsoever arising hereunder shall be determined by the laws of Kenya  to the exclusion of the court or laws of any other country.

Wild Coast Air Safaris Limited 

+254 727 462 244

info@wildcoastair.co.ke 

1st Floor Diani Beach Shopping Center 

Diani Beach 

Kenya

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