PLEASE READ THIS. 

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IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES.  PLEASE REACH US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.

 

These terms and conditions ("Terms", "Agreement") are an agreement between Hobson's Travels ("Hobson's Travels", "HT", "us", "we" or "our") and you ("User", "Traveller(s)", "Recipient(s)", "Passenger(s)" "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the hobsonstravels.com website and any of its products or services (collectively, "Website" or "Services").

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Please thoroughly review these terms and conditions of Hobson's Travels and HobsonsTravels.com, herein referred to as HT. The addressee of this notice will be the only recipient of this booking receipt and terms and conditions. It is the sole responsibility of the addressee to inform all other parties traveling of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment to HT, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.

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Booking Accuracy & Legal Names  

Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify HT immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.

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Travel Documents: 

Passenger(s) assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Passenger(s) assumes sole responsibility for, and hereby releases HT from any claims or responsibility for any and all damages incurred as a result of Passenger(s) failure to comply with applicable documentation requirements, including but not limited the requirement that all Passengers procure and have on their person the proper travel documents at all times. HT advices the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements.

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Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. HT accepts payment via Visa, American Express, Mastercard, PayPal, M-Pesa, AirtelMoney, Bank Transfer, Wire Transfer and Cash. HT holds reservations until “Deposit Due Date” indicated on your confirmation/ invoice. If deposit/payment is not received by HT on or before the Deposit Due Date, reservations are automatically cancelled. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, Passenger(s) voluntarily hold HT harmless for cancellation of any booking for either late payment or declination of a credit card.

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Pricing 

Prices and availability quoted by HT are not guaranteed until deposit is fully paid. Pricing and availability may change without notice. Passenger agrees that HT is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is HT responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold HT harmless for any actions or damages arising from Supplier pricing. HT reserves the right to charge Passenger(s) for any increase in taxes, fees or surcharges (i.e. fuel). Passenger(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharge.

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Airfare:

a. General Conditions Governing Air Transport

Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and if permitted, will likely be subject to a substantial change fee.  Passenger(s) is responsible for any such fees.  With regard to the purchase of air tickets, HT acts simply as an intermediary between you and the airline.  Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.

All tickets will be issued for economy class unless otherwise specified.  All travel will be round-trip unless otherwise specified.  Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure.  Airline tickets booked through HT may not eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (HT recommends confirming 72 hours prior).

Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes.  When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport.  The journey to the other airport is at your own expense.  HT will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.

HT’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage.  The airline fulfilling your contract for carriage may change from the airline mentioned by HT.  HT is not able to specify the type of aircraft to be used by any airline.  If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. HT will not provide any refund for Trips missed, in part or full.

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b.  Prohibited Practices

You agree that you will not deviate from your booking by making any unscheduled stopovers.  Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket which is before the your actual point of origin of travel, or to a more distant point(s) than your actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden City Ticketing” or “Point Beyond Ticketing” and is prohibited.  The purchase and use of round-trip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is prohibited.  The use of two or more different tickets issued at round trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is prohibited.

Where a ticket is purchased and used in violation of these rules, HT and the applicable air carrier have the right in their sole discretion to take all actions permitted by law, including but not limited to, the following:

1) Invalidate the ticket(s);

2) Cancel any remaining portion of your itinerary;

3) Confiscate any unused Flight Coupons;

4) Refuse to board you and to carry the your baggage;

5) Assess you for the actual value of the Ticket which shall be the difference between the lowest fare applicable to your actual itinerary and the fare actually paid;

6) Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program;

7) Take legal action against you.

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c. Loss of air tickets

You agree to safeguard your tickets and bear any and all costs related to loss of theft. 

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d. Luggage

Each airline has its own policy regarding luggage.  We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage.  If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.

The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes.  In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration.  HT will not be held liable for any damage, absence or loss of your personal effects.

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e. Limitation of Liability for Air Transport

IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT HT IS NOT LIABLE  FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY.

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Accommodations and Activities:

“Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, quarters in cruise ships, motels, time shares, camp grounds, and resorts.

 

a. Accommodation classifications

The number of stars attributed to the hotels and other providers of accommodations quoted by HT correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country.  The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. HT makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible.  You would bear any additional costs, i.e. upgrades, etc.  We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services.  This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.

 

b. Taking possession of and vacating your room

Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times.  HT is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.

 

c. Types of room

Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay.  HT makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.

 

d. Meals

These depend on the meal plan chosen / applicable.

        All-inclusive.  This includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines and other alcohol). Some alcoholic drinks may not be included and will be billed separately.

       Full board.  This includes accommodation, breakfast, lunch and dinner, but no drinks.

       Half board.  This includes accommodation, breakfast and either dinner or lunch, but no drinks.

In the cases of full board or half board, drinks are not included, unless specifically mentioned in the description.  In some countries drinking water is not always available and any bottles of drinking water bought are therefore at the customer’s expense.  It is necessary to comply with the all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s) and the places designated for the consumption of meals and drinks. Passenger(s) is responsible for any and all additional charges in regard to meals and drinks.

 

e. Activities offered during your stay

Any activities offered may not be appropriate for all ages or for individuals with certain medical conditions. HT will not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part or the operators part.

It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs etc.). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress.  As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions.  Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand.  The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question.  You agree that HT is not liable for activities unavailable due to any of the reasons listed above.

The sports activities offered for collective participation are often organized by outside providers.  Any travel costs related to such activities are at the customer’s expense.  Similarly these activities may be withdrawn at the discretion of the organizer if there is insufficient demand.  This will not give rise to any entitlement to compensation.

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YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW,  HT SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY

 

f. Infants

We ask parents travelling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination.  You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services. You agree that HT will not be responsible for the lack of such services.

 

g. Pregnant women

HT advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them participate in the Trip.  You agree that HT will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances.

 

h. Travelers with special needs or disabilities

If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. HT make no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients.  HT has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly or let HT know before making any reservation.

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g. Formula 1 Sales

HT is bound by Formula to limit use of all logos and terms associated with the brand. All inquiries on Formula 1 events and sales filled using the "Motorsport Form" are not to be distributed and shared with anyone other than the initial recipient. Recipients who share and/or distribute the information communicated to them as a result of the "Motorsport Form" will be subject to legal action and HT, Formula 1 and F1 Experiences will use the full extent of the law. All sold packages; including and not limited to tickets, experiences and accommodations are authorized for sale by Formula 1 and will abide by Formula 1's sales and purchase agreement terms. HT is and will not be held responsible for any  cancelations, refunds, rescheduling and incidents that occur before, during and after all Formula 1 events. You agree that HT will not be liable for any damages arising from inability to participate in any or all of the Trip due to any illness inclusing and not limited to pregnancy, COVID-19 or related illness and no compensation will be payable under such circumstances.

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Cancellation Policies  

All cancellations or no-shows are subject to penalties imposed by the supplier. If you would like to know more about these terms, please contact the supplier or your agent at HT. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations and subject to a non-refundable $100 per person fee imposed by HT. The cancellation fees imposed by HT are waived if the written request is received within a 2 business day grace period from your booking date as noted on the attached confirmation.

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All cancellations MUST be in writing and sent to HT by email to resevations@hobsonstravels.com.  Cancellations sent to any other address will not be processed.  Upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by HT and the supplier. Cancellations are posted on day that the complete cancellation documents are received by HT so long as they are received before 5:00 p.m. Eastern African Time on a business day.  All other cancellations will be posted on the next business day.  Example: If email is received at 6pm on Saturday – when we are closed – it will NOT be processed until the following Monday morning.  Your cancellation will be confirmed via email when processed.

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Travel Protection

Travel insurance protection is Strongly Recommended. As your travel managers/ agents, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. While we do offer coverage through certain carriers, we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you the customer and we advise you to do your research and find coverage that best fits your individual needs. HT is limited to advising you of the need for such coverage.

By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred.  You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection.

We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.

All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you the passenger are responsible for reviewing upon receipt of your travel protection policy. HT is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider.  Please note that the travel insurance provider may not be allowed to discuss your claim with HT to protect your privacy. Accordingly, you acknowledge that HT cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that HT has no control over the travel insurance provider or its coverage decisions, and as a result HT is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.

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Agent/Intermediary  

HT is simply an intermediary between the Suppliers and the public. HT does not own or operate any of, hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip.  Passenger(s) acknowledge and agree that HT shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than HT or its direct employees, including but not limited to these Suppliers, their employees, agents, servants, or representatives.

Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that HT is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control.  HT is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.

HT recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to HT at the time of reservation upon initial booking so HT can contact the Suppliers to investigate amenities and/or special accommodations offered.  Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that HT shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.

While HT prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied.  Passenger(s) acknowledge and agree that HT shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier.  In no event shall HT be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and accommodation assuming all risks of travel, transportation and handling of passengers and baggage.

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Limitation of Liability:

Without limitation, Passenger(s) assume the risk of, and agree that HT is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.

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Modification of Terms & Conditions

The Terms and Conditions may be amended or modified by HT at any time without notice.  It is therefore your responsibility to consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you. 

Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with HT.  Without this acceptance any order is subject to cancellation at any time.The failure of HT to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. HT does not guarantee it will take action against all breaches of this these Terms and Conditions.

 

Severability  

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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Headings 

Headings are for reference purposes only and do not limit the scope or extent of such section.

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Mandatory Arbitration /Forum /Choice of Law 

The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with Commercial Arbitration Rules of the Kenyan Arbitration Act and shall be governed by the laws of Kenya. The Parties agree that the arbitration shall take place in Nairobi, Kenya and will be conducted by a single mutually agreed upon arbitrator.  The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award.  Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the parties.  

The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against HT. If Passenger(s) fails to submit their claim to arbitration and instead files suit, HT shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and HT agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.

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Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

 

Backups

We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

 

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Hobson's Travels will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

 

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by HT or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with HT. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Hobson's Travels or Hobson's Travels licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Hobson's Travels or third-party trademarks.

 

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

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Indemnification

You agree to indemnify and hold HT and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

 

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Nairobi, Kenya without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Kenya. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Nairobi, Kenya, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

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Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
 

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

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Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. All accompanying parties (passengers added to the paying passenger's booking waive theire right to hold HT liable for any and all liability. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

 

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@hobsonstravels.com

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This document was last updated on September 01, 2021