Balloon Safaris Ticket Terms and Conditions
Ticket for flight with Company incorporating Booking Conditions, Release, Assumption of Risk and Waiver
Release, Assumption of Risk Waiver
In consideration of the Company now accepting me as a passenger I AGREE that the Conditions of this Ticket printed overleaf shall apply to my flight. I have read these and confirm that I am bound by them.
I am also aware that participation in the flight contains inherent risks of illness, injury, death or loss of or damage to personal property, whether caused by wild animals, forces of nature, human negligence or Acts of God. I recognize that risks may be present at any time during the flight and I am also aware that medical facilities may not be readily available and that such as are available may not always be of the highest standards.
Now in consideration and as part payment for my participating in the Flight organised by the Company, I AGREE on behalf of myself, my personal representatives and of any minors accompanying me, to RELEASE the Company from and not to hold the Company liable for the consequences of any personal injury (fatal or otherwise), accidents, claims, losses and loss or damage to personal property which might occur. I expressly ASSUME any and all risks with respect to the Flight and I WAIVE all rights to sue the Company on account of any injury, accident, claim, loss, liability or damage. I further agree not to claim unenforceability of the Release, Assumption of Risk and Waiver. I confirm that I have received the sheets entitled ‘Passenger Briefing’ and ‘Passenger Further Information Sheet’, that I will read them prior to the flight and if there is anything that I do not understand, I will be responsible for asking the Pilot to clarify any misunderstanding during the morning briefing at the balloon, prior to the flight.
I further acknowledge that if the Company is required to pay evacuation, medical, accommodation and other expenses on my behalf, if these are recoverable from my own insurances, I am liable to reimburse the Company for such expenses.
I declare that I will not take weapons, sharp objects, hazardous or combustible items or pressurized canisters on board the balloon either carried in person or in my luggage and that I have personally packed my luggage.
Conditions of Flight
1.“Flight” shall include transportation in the Company’s vehicles to and from the balloon as well as the actual flight in the balloon.
a. The Company is insured, as required by Kenya Law and with limited liability (details of which are available on request), against claims arising from injuries sustained by passengers during the Flight. The Company also takes out insurance with African Medical Research Foundation (AMREF) to cover in part of the costs of emergency evacuation to Nairobi. Liability in all cases is governed by the Laws of Kenya only, and all claims are subject to the jurisdiction of the courts of Kenya.
b. The Company may employ sub-contractors to undertake some or all of the components of the Flight. The provisions of clause (a) above and of the Release, Assumption of Risk and Waiver shall apply equally to such sub-contractors and their services. All travel arrangements and other services provided by any sub-contractor are also subject to the booking and other conditions relating to the provision of arrangements and services by such sub-contractor.
c. While every reasonable precaution is taken to ensure the safety of the passengers and their property, neither the Company nor any of its employees, agents and independent sub-contractors is liable beyond the statutory requirements of Kenya law for any such personal injury to Passengers or loss of or damage to their property however caused during the Flight; nor can the Company be held liable for any loss or damage arising through errors or omissions contained in brochures or other publicity material, or for loss caused to Passengers through late bookings, cancellations or delays.
d. The Conditions of the ticket shall continue to apply notwithstanding any event, act, default, negligence or neglect of the Company or of its agents, servants or representatives which may be construed as a fundamental breach of this contract.
Each passenger acknowledges that he or she knows the Flight can sometimes be physically demanding and that having been made aware of the minimum physical requirements, he or she has judged themselves sufficiently fit. It is not recommended flying while pregnant.
4. Authority of Pilot
Each passenger agrees to accept the authority and decisions of the pilot at all times, and the Company reserves the right to cancel the flight or to terminate it at any time.
5. Duration of flight and what you will see
Pilots will endeavour to fly for approximately one hour. However if it is necessary to land earlier, the Passenger acknowledges he or she will not be entitled to a refund unless the flight is less than thirty minutes in which case half the cost of the flight will be refunded. (N.B. If you have booked through an agent you must apply to that agent for any monies to be refunded). The Company can in no way be held responsible for the variety and/or number of game animals viewed during the flight.
6. Governing Law
This ticket and the conditions attached to it shall be construed in accordance with and governed by the laws of the Republic of Kenya.
If you have questions or comments about these Terms and Conditions, please contact us at:
Head Office, Hardy Office Park,
Hardy Langata, P.O.Box 43747 GPO 00100,
Tel: +254 (0) 600 8285
Mob: +254 (0) 731 701 761
Mob: +254 (0) 705 721 462