The Company will use their best endeavours to ensure that the transport, accommodation, meals and other agreed services (herein called “Services”) provided are fully in compliance with the Services which the Company have contracted to provide but the liability of the Company for breach of contract is restricted to liability where by the negligence of themselves, their servants or agents all or some Services are not provided in which event the Company shall compensate the Client only for the actual costs of the Service which were to have been provided excluding all consequential damage whatsoever and wheresoever suffered or incurred including the costs of air fares to and from Kenya purchased through the Company or any other incidental or indirect costs whatsoever. In case of any failure to provide any Service contracted for, the Company shall have the right to substitute alternative services of equal value subject always to such services being available.
Without prejudice to the generality of the foregoing:
(i) The company accepts no liability in the event of Services not being carried out or being altered by any matter whatsoever beyond their control. Such matters include but are not limited to the closure of National Parks, Sanctuaries, Lodges and roads, the impassibility of roads and such like matters and the Company reserves the right to make such alterations to the itinerary when in their sole judgement it is deemed necessary or desirable for the comfort, convenience or safety to Clients.
(ii) The Company accepts no liability for alleged inferior or inadequate Services or transportation vehicles nor for the negligent careless or wrongful acts or omissions of hotel keepers, inn keepers, lodge keepers and such like persons and their servants and agents or any other person not in the employment of the Company.
(iii) The Company accepts no liability for damages directly or indirectly arising out of delay in departures or arrivals occasioning the missing of road, rail, ship or aircraft connections.
(iv) The Company accepts no liability for airline reservations and reconfirmations nor any liability for damages arising from any changes of airline schedules, cancellation of flights or errors and mistakes made by airline offices or travel agents. As regards all dealings with or for any Client relating to or touching upon air travel airports, air bookings, travel agents and airlines, the Company legal relationship and standing is merely that of an intermediary between such third parties and the Client without any liability to or for either parties such negation and waiver of liability being in all respects a pre-condition of all contracted relationships between the Client and the Company. In consequence Clients are advised to protect their interest by insurance and careful attention to all documentation supplied to them by all such third parties.
(v) The Company reserves the right to re-route the itinerary or change transport, hotels or venues for the equivalent due to forces beyond our control. The Company accept no responsibility or liability in the event that Services of equal value having been offered to Clients are declined.
(vi) The company may in their discretion employ sub-contractors to carry out all or any part of the Services in which event the exemptions provided by this condition and condition 7 and 8 below for the benefit of the Company shall be deemed to apply also to the sub-contractor.
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