Booking Terms & Conditions
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“the Client”) and Top Grade Tours & Travel Limited (“the Company”, “we”, “us”, “our”), a company duly registered under the laws of the Republic of Kenya. By making a booking with us — whether online, by phone, by email, or in person — you confirm that you have read, understood, and agreed to be bound by these Terms in full. These Terms apply to all tours, safari packages, beach holidays, adventure trips, and any other travel services arranged by the Company.
1. Definitions
For the purposes of these Terms, the following definitions apply:
- “Client” means any individual, group, or corporate entity that makes a booking with Top Grade Tours & Travel Limited.
- “Booking” means a confirmed reservation for any travel service provided by the Company, evidenced by the issuance of a booking confirmation and/or receipt of a deposit payment.
- “Tour” means any safari, beach holiday, adventure trip, mountain trek, cultural tour, corporate retreat, or any other travel itinerary arranged by the Company.
- “Itinerary” means the detailed day-by-day schedule of activities, accommodations, and services agreed upon at the time of booking.
- “Deposit” means the non-refundable initial payment required to secure a booking, as specified in Section 3.
- “Balance” means the remaining amount payable after the deposit has been received, due as specified in Section 3.
- “Force Majeure” means any event beyond the Company’s reasonable control, as further defined in Section 9.
- “Service Providers” means third-party operators including but not limited to lodges, camps, airlines, ground handlers, park authorities, and boat operators engaged by the Company to deliver elements of a Tour.
2. Booking & Confirmation
Bookings may be made directly through our website booking form, by email to bookings@topgradetours.com, by telephone, by WhatsApp, or in person at our office. All bookings are subject to availability at the time of confirmation.
A booking is considered confirmed only upon the Company’s written confirmation — by email or other written communication — AND receipt of the required deposit payment as specified in Section 3. Until both conditions are met, any provisional reservation may be cancelled without notice.
Upon confirmation, the Client will receive a unique booking reference number. This reference must be quoted in all correspondence with the Company relating to the booking.
The Client is responsible for ensuring that all information provided at the time of booking — including names, passport details, dietary requirements, health conditions, and travel dates — is accurate and complete. The Company accepts no liability for costs, losses, or inconvenience arising from inaccurate information provided by the Client.
For group bookings, the lead client who makes the booking accepts these Terms on behalf of all members of the group and is responsible for ensuring that all group members are informed of and agree to these Terms prior to travel.
Submitting a booking enquiry or completing our online booking form does not constitute a confirmed booking. Confirmation is only valid once you have received written confirmation from our team and paid the required deposit.
3. Payment Terms & Schedule
3.1 Currency
All tour prices are quoted and payable in United States Dollars (USD) unless otherwise agreed in writing. The Company reserves the right to adjust prices in the event of significant currency fluctuations, fuel surcharges, or changes in park entry fees imposed by relevant government authorities.
The following payment schedule applies to all bookings:
| Time of Booking | Payment Required | Notes |
|---|---|---|
| At Booking | 30% deposit of total tour cost | Non-refundable. Required to confirm reservation. |
| 60 days before departure | Remaining 70% balance | Full balance due. Failure to pay may result in cancellation. |
| Bookings made within 60 days | 100% of total tour cost | Full payment required at time of booking. |
| Gorilla / Chimp Permits (Uganda) | 100% of permit cost at booking | Permits are non-refundable once purchased from Uganda Wildlife Authority. |
- Bank transfer (wire transfer) to the Company’s designated account
- Credit or debit card (Visa, Mastercard) — subject to a processing fee
- Mobile money transfer (M-Pesa) for local currency payments
- Cash payments at our Nairobi office (USD or KES at prevailing exchange rate)
Each tour quotation will clearly state what is included and excluded. Unless explicitly stated in writing, tour prices exclude the following:
- International and domestic airfares (unless specified)
- Visa and entry fees
- Travel insurance
- Alcoholic beverages and soft drinks (unless all-inclusive)
- Gratuities and tips for guides, drivers, and camp staff
- Personal expenditure, shopping, and optional activities
- Medical costs, vaccinations, and health-related expenses
- Excess baggage charges
Late Payment: If the balance is not received by the due date, the Company reserves the right to treat the booking as cancelled and apply the cancellation charges set out in Section 4. The Company will make reasonable effort to contact the Client before doing so.
4. Cancellation Policy
All cancellations must be submitted in writing by the lead client to bookings@topgradetours.com. Cancellations will be effective from the date the written notice is received by the Company. The following cancellation charges apply:
| Notice Period Before Departure | Cancellation Charge |
|---|---|
| More than 90 days | Deposit only (30% of total tour cost) |
| 60 – 89 days | 50% of total tour cost |
| 30 – 59 days | 75% of total tour cost |
| 15 – 29 days | 90% of total tour cost |
| Less than 15 days / No-show | 100% of total tour cost (no refund) |
Certain components of a tour are non-refundable regardless of the notice period, including but not limited to:
- Gorilla trekking permits and chimpanzee habituation permits (Uganda Wildlife Authority policy)
- Domestic and international flights once ticketed
- Special event bookings (e.g. hot air balloon flights, private dinners)
- Non-refundable hotel or lodge deposits paid on behalf of the Client
The Company reserves the right to cancel a Tour in exceptional circumstances, including but not limited to: insufficient bookings to operate the tour viably, safety concerns, natural disaster, civil unrest, government travel advisories, or Force Majeure events. In such cases, the Company will offer the Client:
- An alternative tour of comparable value; or
- A full refund of all monies paid to the Company, less any non-recoverable third-party costs.
The Company will not be liable for any additional costs incurred by the Client as a result of such cancellation, including airfare, visa fees, or other non-recoverable expenses.
We strongly recommend that all Clients purchase comprehensive travel insurance that covers trip cancellation at the time of booking. See Section 7 for guidance on travel insurance requirements.
5. Refund Policy
Where a refund is due under these Terms, the Company will process it within 21 business days of the cancellation being confirmed in writing. Refunds will be issued by the same method as the original payment unless otherwise agreed. The Company is not responsible for delays caused by banking institutions or payment processors.
No refund will be given for any unused portion of a Tour once travel has commenced, including unused accommodation nights, meals, activities, or transport, whether due to the Client’s choice, illness, late arrival, or early departure.
If the Client fails to join a tour at the designated departure point and time without prior written notice, the booking will be treated as a no-show and no refund will be issued.
In the event of a Force Majeure cancellation (see Section 9), refunds will be limited to amounts actually recovered by the Company from its Service Providers. The Company will use reasonable efforts to maximise such recoveries on behalf of the Client.
Any bank transfer fees, credit card processing fees, or currency conversion costs incurred in issuing a refund will be deducted from the refund amount. These costs are borne by the Client.
6. Changes to Itinerary
The Client may request changes to a confirmed booking by written notice to the Company. Requests will be accommodated where possible, subject to availability and any cost implications. An administration fee of USD $50 per amendment will apply for changes made within 30 days of departure, in addition to any cost differences arising from the change.
The Company reserves the right to make minor changes to confirmed itineraries where necessary, including changes to accommodation of an equivalent or superior standard, route adjustments due to road conditions, or substitution of activities of comparable value. The Company will notify the Client as soon as reasonably practicable. If a significant change is made prior to departure, the Client may:
- Accept the amended itinerary; or
- Accept an alternative tour of comparable value offered by the Company; or
- Cancel the booking and receive a full refund of all monies paid, less non-recoverable third-party costs.
Once a Tour has commenced, the guide or tour leader reserves the right to make operational changes to the daily itinerary in the interest of safety, wildlife conditions, weather, or road conditions. Such changes do not entitle the Client to any refund or compensation. The Company will make every effort to provide equivalent experiences in place of any cancelled activities.
In the event that confirmed accommodation becomes unavailable due to circumstances beyond the Company’s control, the Company will arrange accommodation of equal or superior standard at no additional cost to the Client. If only lower-grade accommodation is available, the Company will provide an appropriate price adjustment.
Wildlife sightings are never guaranteed. The Company makes no representation that specific animals, migration events, or natural phenomena will be witnessed during a Tour. This does not constitute grounds for a refund or compensation claim.
7. Health & Safety
The Company strongly recommends and, for certain tours (including mountain treks and gorilla trekking), requires that all Clients hold comprehensive travel insurance prior to departure. At minimum, travel insurance should cover:
- Trip cancellation and curtailment
- Emergency medical expenses and hospitalisation
- Medical evacuation and repatriation
- Personal accident and death
- Loss or theft of personal belongings
- Flight delays and missed connections
The Company accepts no liability for any losses, costs, or claims that would have been covered by adequate travel insurance
The Client is solely responsible for ensuring they meet all health and vaccination requirements for the countries they are visiting. These may include but are not limited to:
- Yellow Fever vaccination — required for entry into Kenya, Uganda, and Tanzania from endemic countries
- Malaria prophylaxis — strongly recommended for all East African destinations
- Hepatitis A and B, typhoid, and meningitis vaccinations as advised by a travel health clinic
The Client should consult a qualified medical practitioner or travel health clinic at least 6–8 weeks before departure. The Company does not provide medical advice.
Clients with pre-existing medical conditions must disclose these to the Company at the time of booking. Failure to do so may affect safety provisions and the Company’s ability to assist in the event of a medical emergency. Certain activities (e.g. mountain trekking, gorilla trekking) require a reasonable level of physical fitness. The Company reserves the right to refuse participation in activities where safety may be compromised.
- Children under the age of 5 years are not permitted on gorilla trekking permits (Uganda Wildlife Authority regulation)
- Children under 7 years are not recommended for mountain trekking itineraries
- All participants under the age of 18 must be accompanied by a parent or legal guardian
All Clients must follow the safety instructions of their guide, ranger, or tour leader at all times. Failure to comply with safety instructions may result in exclusion from the activity or tour without refund. The Company operates in wild environments where risks exist, and the Client acknowledges and accepts these inherent risks as part of the experience.
Important: East Africa contains wildlife that can be dangerous. Clients must remain inside vehicles during game drives unless explicitly instructed otherwise by a guide. The Company and its guides bear no liability for injuries sustained as a result of the Client disregarding safety instructions.
8. Liability & Disclaimers
Top Grade Tours & Travel Limited acts as an agent and/or principal in the arrangement of tours and travel services. To the maximum extent permitted by applicable law, the Company’s total liability to the Client for any claim arising from a booking shall not exceed the total amount paid by the Client for that specific booking.
Where the Company engages third-party Service Providers — including airlines, lodges, camps, ground handlers, boat operators, and park authorities — the Company acts as an intermediary and is not responsible for the acts, omissions, or negligence of those providers. The Client’s recourse in such cases is against the Service Provider directly, subject to their own terms and conditions.
The Company shall not be liable for any loss, damage, injury, death, delay, or additional expense arising from:
- The Client’s own negligence, misconduct, or failure to follow instructions
- Events of Force Majeure (as defined in Section 9)
- Acts or omissions of third-party Service Providers
- Illness, personal injury, or death not caused by the Company’s negligence
- Loss or theft of personal belongings
- Visa refusals, passport problems, or failure to meet entry requirements
- Flight delays, cancellations, or missed connections
- Changes in government regulations, park closures, or border restrictions
In no event shall the Company be liable for any indirect, consequential, or special damages, including loss of enjoyment, loss of business, or loss of opportunity, even if the Company has been advised of the possibility of such damages.
By booking a tour, the Client acknowledges that travel in East Africa involves certain inherent risks — including exposure to wild animals, remote locations, variable road conditions, and environmental factors — and accepts such risks voluntarily. The Client agrees to hold the Company harmless from claims arising from the materialisation of such inherent risks.
9. Force Majeure
Force Majeure refers to any event or circumstance beyond the reasonable control of the Company that prevents or significantly impairs the Company’s ability to perform its contractual obligations. Such events include but are not limited to:
- Acts of God — earthquakes, floods, volcanic eruptions, drought, wildfire
- Epidemic, pandemic, or public health emergency declared by a government or international body
- War, armed conflict, terrorism, civil unrest, or political instability
- Government actions including travel bans, border closures, or mandatory evacuation orders
- Strikes, industrial action, or infrastructure failure
- Park or reserve closures imposed by wildlife or government authorities
In the event of a Force Majeure occurrence, the Company may, at its discretion:
- Suspend, postpone, or cancel the affected Tour;
- Offer the Client an alternative travel date or itinerary; or
- Issue a partial or full credit note for future travel.
Cash refunds in Force Majeure situations are limited to amounts the Company is able to recover from its Service Providers. The Company will exert reasonable efforts to maximise recoveries on the Client’s behalf but cannot guarantee full recovery.
The Company shall not be liable for any additional costs, losses, or damages incurred by the Client as a result of a Force Majeure event, including costs of alternative accommodation, transport, or rebooking of international flights. This reinforces the importance of comprehensive travel insurance (see Section 7.1).
10. Privacy & Data Protection
In order to process and manage your booking, the Company collects personal data including your name, contact details, nationality, passport information, dietary requirements, health disclosures, and payment information. This data is collected through our booking form, email correspondence, telephone calls, and in-person interactions.
Your personal data is used solely for the purpose of:
- Processing and managing your booking and related travel arrangements
- Communicating with you regarding your itinerary, payments, and travel updates
- Sharing necessary information with Service Providers (lodges, airlines, guides) to deliver your tour
- Complying with legal, regulatory, and park authority requirements
- Sending you post-trip follow-up communication, including requests for feedback
The Company does not sell, rent, or share your personal data with third parties for marketing purposes. Data is shared with Service Providers strictly on a need-to-know basis and solely for the purpose of delivering your booked tour services.
The Company retains Client data for a period of five (5) years following the completion of a booking, in accordance with Kenyan tax and commercial record-keeping requirements. Clients may request deletion of their data after this period.
You have the right to request access to, correction of, or deletion of your personal data held by the Company. Such requests should be directed in writing to info@topgradetours.com. The Company will respond within 14 business days.
The Company may take photographs or video during tours for marketing and promotional purposes. By booking with us, Clients consent to being photographed in group or landscape settings. Clients who do not wish to be photographed should inform the guide at the start of their tour. Individual identifiable photographs will not be used in marketing materials without express written consent.
11. Complaints Procedure
If a problem arises during your tour, we ask that you raise it with your guide, driver, or tour leader immediately so that we have the opportunity to resolve it in real time. The majority of issues can be resolved on the spot when brought to our attention promptly. Failure to report a problem during the tour may affect the Company’s ability to address it retrospectively.
If your complaint is not resolved during the tour, or if it arises after your return, please submit a written complaint to us within 28 days of the completion of your tour. Complaints should be sent to:
- Email: info@topgradetours.com
- Post: Top Grade Tours & Travel Limited, Nairobi, Kenya
Please include your booking reference number, a detailed description of your complaint, and any supporting evidence (photographs, receipts, etc.).
The Company will acknowledge receipt of your complaint within 5 business days and provide a substantive response within 21 business days. Where an investigation is required, we will keep you informed of progress and expected resolution timelines.
Complaints submitted more than 28 days after the completion of a tour may be considered out of time, and the Company reserves the right to decline to investigate such complaints. We encourage all Clients to report concerns promptly to enable fair and effective resolution.
12. Governing Law & Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Kenya.
The Client and the Company irrevocably agree that the courts of Nairobi, Kenya shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or a booking made with the Company.
Before commencing any formal legal proceedings, both parties agree to attempt to resolve any dispute amicably through good-faith negotiation. If a dispute cannot be resolved within 30 days of written notice being given by either party, either party may refer the matter to a mutually agreed mediator or, failing agreement, to the courts of Nairobi as provided above.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining Terms, which shall continue in full force and effect.
These Terms, together with your booking confirmation and any written itinerary provided by the Company, constitute the entire agreement between the Client and the Company with respect to the subject matter hereof and supersede all prior representations, discussions, undertakings, or agreements.
13. Contact Us
These Terms and Conditions are issued by Top Grade Tours & Travel Limited, a fully registered Kenyan travel company. By making a booking with us, you confirm that you have read and accepted these Terms in full. If you have any questions regarding these Terms before booking, please contact us — we are happy to clarify.
If you have any questions about these Terms, please contact us at:
Email: info@topgradetours.com
Phone: +254722 750 143
Address: Hifadhi House, ICD Road, off Mombasa Road – Nairobi, Kenya
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