Welcome to Dahlia Safaris. These Terms of Use ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Dahlia Safaris ("we," "us," or "our") governing your use of our website, services, and safari packages.
By accessing our website or booking our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.
1. Acceptance of Terms
By using our website (www.dahliasafaris.com) or booking any safari package, tour, or service offered by Dahlia Safaris, you agree to:
- Comply with these Terms of Use and all applicable laws and regulations
- Accept responsibility for all activities conducted under your account
- Provide accurate, current, and complete information during booking
- Maintain the confidentiality of your account credentials
- Notify us immediately of any unauthorized use of your account
We reserve the right to refuse service to anyone for any reason at any time, particularly if we believe you have violated these Terms.
2. Services Description
Dahlia Safaris provides safari and tour services in Kenya and East Africa, including but not limited to:
- Customized safari packages and tours
- Wildlife viewing excursions
- Accommodation bookings and arrangements
- Transportation services
- Guide services and interpretive tours
- Photography safaris
- Cultural experiences and interactions
- General supply services through our sister company, Kapru Universal Traders
All service descriptions, itineraries, and promotional materials are subject to change. While we strive for accuracy, we do not guarantee that all descriptions are error-free, complete, or current. Wildlife sightings are not guaranteed as they depend on natural conditions beyond our control.
3. Booking and Reservations
3.1 Booking Process
To book a safari or service with Dahlia Safaris:
- Select your desired package or customize your itinerary
- Complete the booking form with accurate information
- Review and accept these Terms of Use
- Submit payment as per our payment terms
- Receive booking confirmation via email
3.2 Booking Confirmation
A binding contract is formed when:
- You receive written confirmation from Dahlia Safaris
- We have received your deposit or full payment
- All required documentation has been submitted
3.3 Minimum Age Requirement
Persons under 18 years of age must be accompanied by a parent or legal guardian. The accompanying adult accepts full responsibility for the minor during the safari.
3.4 Group Bookings
For group bookings of 8 or more persons, special terms and conditions may apply. Please contact us directly for group rates and requirements.
4. Pricing and Payment
4.1 Pricing
All prices are quoted in USD (United States Dollars) or KES (Kenyan Shillings) unless otherwise stated. Prices include:
- Services explicitly listed in your itinerary
- Accommodations as specified
- Meals as indicated in the package
- Park entrance fees (where applicable)
- Transportation as outlined
Prices do NOT include:
- International or domestic flights unless specified
- Travel insurance
- Visa fees
- Vaccinations and medical expenses
- Personal expenses (laundry, telephone, tips, etc.)
- Alcoholic beverages unless specified
- Optional activities not listed in the itinerary
4.2 Payment Terms
- Deposit: 30% of the total package cost is required to confirm your booking
- Balance: Full payment must be received 45 days before departure
- Last-Minute Bookings: Bookings made within 45 days of departure require full payment
4.3 Accepted Payment Methods
We accept the following payment methods:
- Bank transfer (wire transfer)
- Credit/Debit cards (Visa, Mastercard, American Express)
- Mobile money (M-Pesa for Kenya residents)
- PayPal
4.4 Price Changes
Prices are subject to change until booking is confirmed. Once you receive written confirmation and have paid your deposit, prices are guaranteed except in cases of:
- Currency fluctuations exceeding 10%
- Fuel surcharges imposed by suppliers
- Government-imposed tax increases
- Park fee increases by wildlife authorities
Important: Failure to make payment by the due date may result in automatic cancellation of your booking and forfeiture of deposits paid.
5. Cancellation and Refund Policy
5.1 Cancellation by Customer
All cancellations must be submitted in writing (email accepted) and are effective from the date we receive notification. The following cancellation fees apply:
- More than 60 days before departure: 10% of total package cost
- 45-60 days before departure: 30% of total package cost
- 30-44 days before departure: 50% of total package cost
- 15-29 days before departure: 75% of total package cost
- Less than 15 days before departure: 100% of total package cost (no refund)
5.2 Cancellation by Dahlia Safaris
We reserve the right to cancel any booking due to:
- Insufficient number of participants (minimum numbers not met)
- Force majeure events (see Section 11)
- Safety concerns or government advisories
- Supplier failure or unavailability
If we cancel your safari, you will receive:
- Full refund of all payments made, OR
- Credit towards a future safari of equal or greater value, OR
- Alternative safari dates or destinations of comparable value
5.3 No-Show Policy
Failure to arrive on the scheduled departure date without prior cancellation will be treated as a no-show, and no refund will be provided.
5.4 Refund Processing
Approved refunds will be processed within 30 business days of cancellation and returned via the original payment method.
6. Changes and Modifications
6.1 Changes by Customer
Changes to confirmed bookings are subject to availability and may incur fees:
- Name changes: $50 USD per change
- Date changes: Subject to availability and price differences
- Itinerary changes: Subject to availability, price differences, and a $100 USD modification fee
Change requests must be submitted in writing at least 30 days before departure. Changes within 30 days are treated as cancellations.
6.2 Changes by Dahlia Safaris
We reserve the right to modify itineraries due to:
- Weather conditions or natural disasters
- Road conditions or accessibility issues
- Wildlife migration patterns
- Safety and security concerns
- Accommodation or service provider changes
We will make every effort to provide comparable alternatives. Significant changes will be communicated immediately, and you may choose to:
- Accept the modified itinerary
- Cancel with full refund
- Transfer to an alternative safari
7. Travel Documents and Requirements
7.1 Passport and Visa
It is your responsibility to ensure you have:
- A valid passport with at least 6 months validity beyond travel dates
- Appropriate visa for Kenya and any countries visited
- Blank pages in passport for entry/exit stamps
- Proper documentation for minors if applicable
7.2 Health Requirements
You are responsible for:
- Obtaining necessary vaccinations (Yellow Fever may be required)
- Bringing adequate supply of personal medications
- Obtaining malaria prophylaxis if traveling to risk areas
- Having comprehensive travel and medical insurance
7.3 Insurance
Travel insurance is MANDATORY for all safaris. Your policy must cover:
- Medical expenses and emergency evacuation
- Trip cancellation and interruption
- Lost or delayed baggage
- Personal liability
- Adventure activities (safari activities)
Dahlia Safaris is not liable for any expenses incurred due to lack of proper documentation, insurance, or health requirements.
8. Customer Responsibilities and Conduct
8.1 General Conduct
During your safari, you agree to:
- Follow all instructions from guides and staff
- Respect wildlife, nature, and local communities
- Adhere to park rules and regulations
- Maintain appropriate behavior and language
- Not engage in illegal activities
- Respect other guests' experience
8.2 Wildlife and Environmental Protection
You must:
- Maintain safe distances from wildlife as instructed
- Not feed, touch, or disturb animals
- Not litter or damage the environment
- Not remove plants, rocks, or artifacts
- Follow all conservation guidelines
8.3 Safety Compliance
You agree to:
- Attend all safety briefings
- Wear seatbelts in vehicles
- Follow safety protocols during activities
- Disclose any medical conditions that may affect participation
- Not be under the influence of alcohol or drugs during activities
8.4 Termination of Services
We reserve the right to terminate services without refund if you:
- Engage in illegal activities
- Endanger yourself, staff, or other guests
- Refuse to follow guide instructions
- Cause property damage
- Display abusive or threatening behavior
9. Liability and Limitations
9.1 Assumption of Risk
Safari activities involve inherent risks. By participating, you acknowledge and accept risks including but not limited to:
- Wildlife encounters and animal behavior
- Rough terrain and unpaved roads
- Remote locations with limited medical facilities
- Weather-related hazards
- Insect bites and tropical diseases
- Adventure activity risks
9.2 Limitation of Liability
Dahlia Safaris acts only as an agent for hotels, airlines, transportation companies, and other service providers. We are not liable for:
- Acts or omissions of third-party service providers
- Loss, damage, or injury caused by providers
- Delays, cancellations, or changes by providers
- Force majeure events (see Section 11)
- Theft, loss, or damage to personal property
- Personal injury or death due to your negligence
9.3 Maximum Liability
In any event, our total liability shall not exceed the total amount paid by you for the safari package.
Important: This limitation of liability is subject to applicable consumer protection laws. Some jurisdictions may not allow certain limitations, in which case such limitations may not apply to you.
10. Intellectual Property Rights
10.1 Website Content
All content on our website, including text, graphics, logos, images, videos, and software, is the property of Dahlia Safaris or our licensors and is protected by copyright, trademark, and other intellectual property laws.
10.2 Permitted Use
You may:
- View and print pages for personal, non-commercial use
- Share links to our website on social media
10.3 Prohibited Use
You may NOT:
- Copy, reproduce, or distribute content without written permission
- Modify, create derivative works, or reverse engineer any content
- Use content for commercial purposes
- Remove copyright or proprietary notices
- Use our trademarks or logos without authorization
10.4 User-Generated Content
By submitting reviews, photos, or other content to us, you grant Dahlia Safaris a non-exclusive, royalty-free, perpetual license to use, reproduce, and display such content for marketing purposes.
11. Force Majeure
Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to:
- Natural disasters (earthquakes, floods, droughts)
- Epidemics, pandemics, or health emergencies
- War, terrorism, or civil unrest
- Government actions, regulations, or travel restrictions
- Labor strikes or disputes
- Supplier failures beyond our control
- Severe weather conditions
In force majeure situations, we will work with you to:
- Reschedule your safari to a future date
- Provide alternative arrangements if possible
- Issue credit towards future travel
Refunds in force majeure situations are subject to our ability to recover funds from suppliers and are not guaranteed.
12. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms an integral part of these Terms.
By using our services, you consent to:
- Collection of personal information as outlined in our Privacy Policy
- Use of information for service delivery and communication
- Sharing information with service providers as necessary
- Processing of information in accordance with data protection laws
Please review our Privacy Policy for complete details.
13. Dispute Resolution and Governing Law
13.1 Informal Resolution
If you have a complaint or dispute, please contact us first. We are committed to resolving issues amicably and will make reasonable efforts to address your concerns within 30 days.
13.2 Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Kenya.
13.3 Arbitration
If informal resolution fails, disputes may be referred to binding arbitration under the Arbitration Act (Kenya) before a single arbitrator in Nairobi, Kenya. The arbitration shall be conducted in English.
13.4 Class Action Waiver
You agree that disputes will be resolved on an individual basis and not as part of a class action or representative proceeding.
14. Complaints and Feedback
14.1 During the Safari
If you encounter problems during your safari:
- Report issues immediately to your guide or tour leader
- Allow us reasonable opportunity to resolve the issue
- Document the problem with photos/videos if possible
14.2 Post-Safari Complaints
Written complaints must be submitted within 30 days of safari completion. Include:
- Booking reference number
- Detailed description of the complaint
- Supporting documentation (photos, receipts, etc.)
- Desired resolution
We will investigate and respond within 30 days of receiving your complaint.
15. Amendments to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date.
For existing bookings:
- Terms in effect at the time of booking will apply
- Significant changes will be communicated via email
- Continued use of our services constitutes acceptance of changes
We encourage you to review these Terms periodically to stay informed of any updates.
16. Severability and Waiver
16.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect.
16.2 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Dahlia Safaris.
17. Entire Agreement
These Terms of Use, together with our Privacy Policy and any written booking confirmation, constitute the entire agreement between you and Dahlia Safaris regarding your use of our services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
No employee or representative of Dahlia Safaris is authorized to modify these Terms unless done so in writing by an authorized company officer.