1. The liability of Mombasa Air Safari Ltd hereinafter referred to as MAS 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.
2. All MAS flights are non-smoking flights.
3.Tickets issued for carriage on MAS flights are strictly applicable to the carriage of the ticketed person and are not transferable to another person.
4. MAS will accept to carry children under the age of 12 years only if they are accompanied by an adult.
5. In this contract ticket means a passenger ticket and baggage check or in the case of an electronic ticket the itinerary/receipt if applicable of which these conditions form part.Carriage is equivalent to transportation. Carrier means all air carriers that carry or undertake to carry the passenger and/or his or her baggage hereunder or perform any other service incidental to such air carriage.Electronic ticket or e-ticket means the itinerary/receipt issued by or on behalf of the carrier and if applicable a boarding document. Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw 12th October 1929 or that Convention as amended at The Hague 28th September 1955 whichever may be applicable.
6. 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.
7. MAS 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.
8. During Check-in passengers will be required to prove their identity by passport or other identity document containing a photograph. If a ticket has been purchased online using a credit card then it will be necessary to produce the same credit card when checking in.
9. The latest Check-in time for all passengers is strictly 30 minutes on domestic and 1.00 hour on International before flight time. MAS reserves the right to depart up to 10 minutes ahead of the scheduled departure time if passengers are not present at the place of departure by that time.
10. MAS has no responsibility for direct or indirect costs resulting from passengers missing a flight due to non-compliance for whatever reason with the above Check-in times.
11. MAS reserves the right to allocate seats to standby passengers if ticketed passengers have not checked in by 15 minutes prior to the scheduled departure time. In such circumstances ticketed passengers who subsequently arrive will only be boarded if there are still available seats.
12. Once issued‚ tickets are non refundable and non transferable. However‚ if a booking is cancelled more than 14 days before the date of travel then the ticket price will be refunded less an administrative fee of $30 per passenger.
13. If a booking is cancelled within 14 days of the travel date then the passengers will be considered as No-Shows and no refund will be made. An exception to the nil refund policy is when the No-Show is the result of exceptional or humanitarian circumstances that can be supported in writing. Under such circumstances the ticket price will be refunded in full less an administrative fee of $30 per passenger.
14. If it is necessary to amend the date or time of travel then there is no charge if this is done more than 96 hours before the travel date‚ If the amendment is requested within the 96 hours an administrative fee of $50 per passenger will be charged. This is subject to seat availability on the amended date of travel.
15. When a refund requires a bank transfer then the associated bank charges will be deducted from the refund.
16. MAS will use its best efforts to carry passengers and baggage with reasonable dispatch. However the times shown on tickets or timetables form no part of the contract between MAS and the passenger and MAS reserves the right to change departure times or carrier when so required for operational weather or safety reasons.
17. MAS 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.
18. MAS only guarantees a connection to another flight when that flight is also being operated by MAS and accepts no responsibility whatsoever for direct or indirect costs related to a passenger off a MAS flight missing a connection to a flight on another carrier.
19. If a MAS flight is significantly delayed then MAS will provide refreshments/meals appropriate to the time of day and length of delay. If exceptional circumstances so dictate that a flight cannot be completed during one day for safety or operational reasons then MAS will provide over-night accommodation and meals at their cost but will not have responsibility for any other direct or indirect costs resulting from the delay.
20. Checked baggage will be delivered to the passenger or their agent. In case of damage to the baggage this must be brought to the attention of MAS in writing at the time of delivery. In the event of damaged or lost baggage the liability of MAS shall be limited to the Kenya shilling equivalent of US10 per kilogram.
21. MAS has no responsibility whatsoever for any cash credit cards jewelry cameras computers or other valuables contained in checked baggage.
22. The total baggage allowance for each passenger inclusive of hand baggage and cameras is 15kgs. Excess baggage will only be carried at the sole discretion of the captain of the aircraft if the payload of the aircraft and/or space permits and will be charged at the prevailing rate for carriage of freight.
23. Freight will only be carried at the sole discretion of the captain of the aircraft if the payload of the aircraft and/or space permits and the aircraft will be landing at the freight destination airstrip for commercial passengers. MAS will be the sole arbiter if there is any dispute as to the acceptability of freight on safety legal or moral grounds or where MAS considers there are reasonable grounds for not accepting the freight if it could be detrimental to the condition of the aircraft e.g. wet fish.
24. Freight will be weighed and charged at the applicable prevailing rate per kg.
25. It is the responsibility of the owner to insure any freight and MAS liability is limited to the Kenya shilling equivalent of US10 per kg in the event of any damage or loss.
26. Animals will be treated as freight and only carried at the sole discretion of MAS and subject to the company receiving prior notice and the animal being in an airline approved container.
27. MAS reserves the right to deny carriage to any person or offload him
er 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 passengers mental or physical state is a danger or risk to the aircraft crew or other passengers.
The passenger has refused to comply with a personal or baggage security check
The passenger has refused to comply with instructions related to safety or security from the crew or other authorized persons
The passenger has used threatening or abusive words or gestures to any MAS employee or other authorized person
The passenger has made any threat related to the safety of the aircraft.
28. No agent servant or representative of MAS has the authority to modify or waive any of these Conditions of Carriage.
29. 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.
30. Whilst MAS has made every effort to ensure the information on this website is accurate and updated regularly the use of any services or content is subject to availability or subject to price changes prior to confirmation of the services. Information is updated frequently but we cannot guarantee services are available as indicated or at the prices shown. However the correct details and rates will be provided before you confirm and accept your reservation.
31. Any personal details collected submitted or otherwise obtained during the use of the site will not be disclosed to any third parties companies or partners except when your inquiry is related to accommodation or tours or safaris whereby details will need to be distributed to our trusted partners involved in providing the service.
32. MAS does not take any responsibility for any computer related problems mishaps or virus infections that may occur while surfing this website nor is it warranted either implicitly or expressly that any content is safe in any manner for download. However to the best of MAS knowledge this site is virus free.
33. The site offers a variety of tourism services and products including flights organized trips and package deals “The Services”.
34. The Services offered in www.mombasaairsafaris.com are offered by Mombasa Air Safari Ltd. The Services may be provided by Mombasa Air Safari Ltd. and/or other various third party providers and distributors.
35. The use of www.mombasaairsafaris.comis subject to the terms and conditions stipulated in ” The Terms and Conditions” and constitute an agreement between Mombasa Air Safari Ltd. and the user of www.mombasaairsafaris.com
36. The user is requested to read carefully the Terms and Conditions as they determine his rights and obligations. Using www.mombasaairsafaris.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 Mombasa Air Safari Ltd. and/or its owners and/or anyone acting on their behalf except as provided here within
37. Mombasa Air Safari 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.mombasaairsafaris.com and any other aspect connected and/or related to www.mombasaairsafaris.com Each change and/or modification shall take effect from the time of its inclusion in www.mombasaairsafaris.com. The binding Terms and Conditions of each order made by the user shall be the Terms and Conditions appearing on the www.mombasaairsafaris.comsite at the time of the order. A user who does not agree with any part of the Terms and Conditions must not use www.mombasaairsafaris.com.
38. The Terms and Conditions refer to both male and female and the linguistic use of the male gender is for convenience only.
39. 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 Mombasa Air Safari Ltd. for its database. Mombasa Air Safari Ltd. shall not transfer this information to any third party except to its service providers and only for completing the order.
40. Mombasa Air Safari Ltd. dedicates resources and takes measures to prevent others from entering www.mombasaairsafaris.comand infringing upon the privacy of the www.mombasaairsafaris.com users. Yet it is impossible to totally prevent others from entering the site and obtaining the information contained within without Mombasa Air Safari Ltd. knowledge and authorization. Therefore the user hereby agrees that he shall not have any claims and/or demands of whatever sort againstMombasa Air Safari Ltd. and or anyone acting on its behalf arising from such unauthorized use of the information if it shall regretfully occur.
41. Ownership and Rights
www.mombasaairsafaris.com the trademarks and models contained within are the property of Mombasa Air Safari Ltd. and/or of other third parties that advertise in www.mombasaairsafaris.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.mombasaairsafaris.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.mombasaairsafaris.com except download display and/or print one copy of the information presented at www.mombasaairsafaris.com on a single computer for personal non-commercial use only.
42. Nothing contained on www.mombasaairsafaris.com should be construed as granting any license and/or any right to use any of the propriety rights displayed on www.mombasaairsafaris.com nor any waiver of whatever kind of those rights by their owners.
43. The use of any trademarks and/or other propriety rights contained in www.mombasaairsafaris.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.
44. Illegal and/or unauthorized use of www.mombasaairsafaris.com and/or of the information contained in www.mombasaairsafaris.com shall constitute a breach of copyrights and/or trademarks and/or other intellectual properties and a violation of propriety laws.
45. The user hereby agrees that he knows that www.mombasaairsafaris.com and all the information and/or data contained within as well as the form and design of www.mombasaairsafaris.com are the exclusive property of Mombasa Air Safari Ltd. and in the case of third parties’ advertisements the property of those other third parties.
46. Mombasa Air Safari Ltd. and any third party advertising on www.mombasaairsafaris.com make no warranty of whatever sort or kind in regard to www.mombasaairsafaris.com and the Services and products advertised in www.mombasaairsafaris.com all of which are provided on an “as is” basis. Mombasa Air Safari 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.mombasaairsafaris.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.mombasaairsafaris.com also includes information over which Mombasa Air Safari Ltd. has no supervision and/or control. Mombasa Air Safari 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.
47. Conditions and Liabilities
The liability of Mombasa Air Safari Ltd. is limited by their terms of contract as well as by international conventions and local laws. Before reserving a flight through www.mombasaairsafaris.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 Mombasa Air Safari 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.mombasaairsafaris.com.
48. If the Services ordered by the user are not services that are provided by Mombasa Air Safari Ltd. Mombasa Air Safari 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 Mombasa Air Safari 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.
49. Mombasa Air Safari Ltd. and/or any of the managers of www.mombasaairsafaris.com and/or the operators of www.mombasaairsafaris.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.
50. In no event shall Mombasa Air Safari 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.mombasaairsafaris.com and/or any failure and/or delay including but not limited to the use or inability of use of any component of www.mombasaairsafaris.com the performance and/or non-performance by Mombasa Air Safari Ltd. and/or any third party providers and/or distributors even if Mombasa Air Safari Ltd. and/or any such third party has been advised of the possibility of such damages.
51. The user shall compensate and indemnify Mombasa Air Safari 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 Mombasa Air Safari Ltd. may be liable to due to the usage of www.mombasaairsafaris.com by the user.
52. Change Modifications and Cessation of the Site and Offered Services
Mombasa Air Safari Ltd. may cease at any time the activity of www.mombasaairsafaris.com and/or cancel the Services offered in it including but not limited to all or some of the links contained in www.mombasaairsafaris.com to other sites.
53. Mombasa Air Safari Ltd. may cancel the purchase of the Services by the user without any prior notice. Mombasa Air Safari Ltd. may refuse access or cease access to www.mombasaairsafaris.com or to any part of it to any user and at any phase at its sole discretion and without any prior notice.
54. Mombasa Air Safari 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.
55. All pictures and images displayed on www.mombasaairsafaris.com are for demonstration purposes only and do not in any of form constitute any obligation of whatever sort on Mombasa Air Safari Ltd.’s part.
56. Information displayed on www.mombasaairsafaris.com that is given to Mombasa Air Safari Ltd. by third parties is under the sole responsibility of those parties and Mombasa Air Safari Ltd. shall not be responsible and/or liable to any mistakes and/or misrepresentation of whatever sort regarding such information.
57. The user may use www.mombasaairsafaris.com to make legitimate orders or purchase different services and must not use www.mombasaairsafaris.com for any other purposes including without limitation to make any speculative false or fraudulent order and/or any order in anticipation of demand.
58. A order through our website 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 Mombasa Air Safari 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 us is the receipt of the approval of the user’s credit card company for the purchase.
59.We are 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.
60. If the user represents that he is of a sufficient legal age to use www.mombasaairsafaris.com and to create binding legal obligations for any liability that he may incur as a result of the use of www.mombasaairsafaris.com he shall be financially responsible for all uses of www.mombasaairsafaris.com by the user and those using his login information.
61. 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.
62. Mombasa Air Safari 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.
63. Mombasa Air Safari Ltd. shall not be responsible for any technical and/or other problems that shall prevent the user from purchasing the Services on www.mombasaairsafaris.com.
64. 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 Mombasa Air Safari Ltd. and/or any third party providers and/or distributors might incur due to or in regard to the entering of false information.
65. Mombasa Air Safari 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.
66. Prices and Payments
The prices listed on www.mombasaairsafaris.com are valid for orders made exclusively through www.mombasaairsafaris.com The prices specified on www.mombasaairsafaris.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. Mombasa Air Safari 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.
67. The number of vacation days per each package listed on www.mombasaairsafaris.com includes the day of departure and the day of return.
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 Mombasa Air Safari 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.
69. Mombasa Air Safari Ltd. recommends that the user acquire insurance policies which will cover events of cancellations and a medical insurance policy.
70. Mombasa Air Safari Ltd. recommends that the user check carefully the terms and conditions stated in these polices.
71. General Flight Information
The flight schedules and the airport of origin and destination are subject to changes.
72. 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 Mombasa Air Safari Ltd. and/or anyone acting on its behalf shall incurred.
The passenger shall indemnify the airline and/or Mombasa Air Safari Ltd. and/or anyone acting on its behalf for such damages immediately upon Mombasa Air Safari Ltd.’s first demand. In addition and without prejudice to the passenger’s obligation Mombasa Air Safari 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.
73. Links to Other Sites
www.mombasaairsafaris.com contains links to different commercial Web sites and other Internet pages hereinafter: “the Other Web Sites”. Mombasa Air Safari 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 Mombasa Air Safari Ltd. in any way or form.
74. Mombasa Air Safari 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 Mombasa Air Safari Ltd.’s behalf as to the truthfulness and/or correctness of the information contained on the Other Web Sites.
75. 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 Mombasa Air Safari Ltd. and/or anyone acting on Mombasa Air Safari Ltd.’s behalf and Mombasa Air Safari 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.
76. By using www.mombasaairsafaris.com the user agrees and acknowledges that he will have no claim and/or demand of any kind or form against Mombasa Air Safari 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.
77. If Mombasa Air Safari 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.mombasaairsafaris.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 Mombasa Air Safari 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 Mombasa Air Safari 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.
78. Entire Agreement Additional Terms and Severability
These Terms and Conditions together with those incorporated herein or referred to herein constitute the entire Agreement between Mombasa Air Safari 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.mombasaairsafaris.com.
79. Additional terms and conditions may apply to orders purchases of goods and/or services and other uses of portions of www.mombasaairsafaris.com and the user agrees to abide by such other terms and conditions.
80. 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.
81. Jurisdiction and Choice of Law
The law of the State of Kenya only shall govern this Agreement and the orders made through www.mombasaairsafaris.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.mombasaairsafaris.com and the purchases/orders made on it.