BOOKING TERMS AND CONDITIONS:
Thank you for booking and/or traveling on an experience with The Kelly Company. These Terms and Conditions (the “Terms”) apply to any travel products and/or services you have booked with or purchased from The Kelly Company, and govern the contractual relationship between you and The Kelly Company with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with The Kelly Company, or by traveling with The Kelly Company you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and The Kelly Company with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
THE BOOKING CONTRACT: A booking is confirmed and these Terms shall apply when The Kelly Company, or an authorized agent acting on The Kelly Company’s behalf, have received the applicable deposit from the Client and the Client has received written confirmation from The Kelly Company of such booking. The Client confirming the booking must be no less than 21 years of age and agrees to provide full, complete and accurate information as requested by The Kelly Company to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to The Kelly Company that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with The Kelly Company for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with The Kelly Company.
At any time before a booking is confirmed, The Kelly Company reserves the right to increase or decrease brochure prices of any Products. The Kelly Company reserve the right to decline any booking, in their sole discretion.
CURRENCY: The Kelly Company Products are available for purchase via the Product page on MalikahKelly.com. United States currency is applied to the Client’s booking unless noted otherwise. The Client will be advised of the applicable currency prior to making any payment to The Kelly Company.
DEPOSIT: All multi-day trips require payment of a deposit to confirm your spot on the trip. The deposit amount is based on a percentage of the trip price. Please reference your individual payment plan for each trip for additional details on your trip’s payment schedule. However, if your booking is made within 30 days or less of the trip’s departure date, the full amount of the trip is due at the time of booking.
FINAL PAYMENT SCHEDULE/LATE PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS: (a) Final Payment: Clients should refer to the confirmation email sent by The Kelly Company and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product is due no less than 30 days before the departure date of the first Product to depart (of the Products included in such booking) unless noted differently on invoice. If full payment is not received by such due date, The Kelly Company may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the amount paid on booking as a cancellation fee, at The Kelly Company’s sole discretion. If a Product is booked less than 30 days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.
(b) Late Payment: Failure to make a payment within three days of the agreed upon date is a breach of contract and will result in a late fee of $100.00. If the payment due is not made before the seventh day your experience can be cancelled. The Kelly Company maintains the right to assign your spot to the next eligible client on the wait list, at The Kelly Company’s sole discretion
(c) Client Details: As a condition to valid confirmation of any booking with The Kelly Company (including all Products) the Client must provide all necessary information as requested by The Kelly Company along with their final payment. If the Client fails to provide such information prior to 60 days before the departure of the purchased Product, an Administrative Fee will be charged to the Client, and The Kelly Company reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by The Kelly Company, in its sole discretion. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Clients during and throughout the booking process.
(d) Credit Card Charges: The Kelly Company is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to The Kelly Company.
CANCELLATION BY THE CLIENT: Any cancellation of a booking and/or a Product by a Client must be delivered to The Kelly Company in writing by email and be acknowledged by The Kelly Company in writing. Products are NON-REFUNDABLE and NON-TRANSFERABLE between persons. It is required that The Kelly Company clients PURCHASE travel insurance. Travel insurance is the only means of receiving reimbursement for flights and other non-refundable expenses should you cancel your The Kelly Company trip for any reason, whether voluntarily or as a result of The Kelly Company actions. The Kelly Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non- refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. To cancel services booked through third party vendors, please contact the applicable vendor.
CANCELLATION OF A TOUR BY THE KELLY COMPANY: The Kelly Company will not cancel a booking on any tour Product once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of The Kelly Company. We reserve the right to cancel any tour due to inadequate enrollment that makes the trip economically infeasible to operate or because of our concerns with respect to the safety, health or welfare of our travelers or staff. When a tour is cancelled by The Kelly Company before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
(i) accepting from The Kelly Company a substitute tour Product of equivalent or superior value, where such substitute is reasonably available;
(ii) accepting from The Kelly Company a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from The Kelly Company the difference in price between the price of the tour originally purchased and that of the substitute tour; or
(iii) accept from The Kelly Company a full refund of all monies paid for the cancelled tour Product(s).
The Kelly Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. The Kelly Company reserve the right to issue a full refund in lieu of the choices above, in its sole discretion. Where, after departure, a significant element of the Product(s) as described cannot be provided, The Kelly Company will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, The Kelly Company will provide the Client a refund of unused Products or Product portions.
UNUSED SERVICES: The Kelly Company shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of The Kelly Company, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms. Activities originally listed in the brochure are subject to change based pricing and availability on The Kelly Company’s sole discretion.
PRICES, SURCHARGES AND TAXES: Due to the nature of travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. After a Confirmation Invoice has been issued by The Kelly Company to the Client, The Kelly Company reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes). The Kelly Company shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Where the increase in price is greater than 12% of the price of the applicable Product, upon receiving notification from The Kelly Company the affected Client(s) may elect to either:
(i) cancel the applicable Product booking without incurring any penalty; or
(ii) accept the change of price.
The Client must notify The Kelly Company of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.
Quoted Tour prices are per person, double occupancy except where indicated. Prices include programming, planning, handling and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication.
VALIDITY: The prices of Products advertised on The Kelly Company website are based on costs in effect at the time of posting to the website. The Kelly Company reserve the right to alter prices of any Product at any time prior to receipt of payment in full for such Product. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with Section 9, above. Changes, revisions, or other amendments may be made to the particulars contained on the The Kelly Company website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
FLEXIBILITY: The Client acknowledges by booking a Product and/or agreeing to travel with The Kelly Company that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by The Kelly Company. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of The Kelly Company.
AIRFARE: Product tour prices do not include international airfare or any other flights unless expressly mentioned in the inclusions.
(a) Quotes: All quotes are in US Dollars, unless otherwise stated. The Kelly Company will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by The Kelly Company.
(c) Price changes: Until tickets are issued, The Kelly Company reserve the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other cause whatsoever.
(d) Full payment: Full payment must be paid on all tickets unless noted otherwise for group airfare. By making full payment, the Client agrees that they accept the air travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Client subsequently decides to cancel after any ticket has been issued.
(e) Changes & cancellations: Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at the Sisters and Suitcases sole discretion, and will also be subject to administrative fees, as applicable, to be payable by the Client.
(f) Flight reconfirmation: Client is responsible for confirming flight times, numbers, and details at all times to ensure a timely departure. The Kelly Company is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Clients may contact appropriate airline or airport information sources in order to obtain relevant up to date flight information.
(g) Airline tickets: Once issued, all airline tickets are non-transferable and valid only for the dates and routings shown. If an airline ticket is lost, the client is responsible for the full cost of a new ticket and any changes that may occur in replacement.
(h) Airline, airport or weather delays: The Kelly Company is not responsible for any additional expenses or loss that may arise from airline, airport or weather delays. The Kelly Company will not reimburse for any additional expenses incurred by the Client as a result of such events or delays. The Kelly Company will not refund any unused portion of air tickets purchased in the event of such delays or due to any reasons beyond its direct control.
ACCEPTANCE OF RISK: The Client acknowledges that the nature of Product tours may involve a significant amount of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release The Kelly Company from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries.
Accommodation, transportation, activities and excursions, and other components of The Kelly Company Products will be arranged by The Kelly Company with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. The Kelly Company at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms. These may limit or exclude liability of the supplier. The liability of The Kelly Company will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.
AUTHORITY ON TOUR & CLIENT RESPONSIBILITY: At all times the decision of The Kelly Company Experience Designer or other designated representative will be final on all matters regarding safety and well being of Clients and operational requirements of the Product tour. By traveling with The Kelly Company, the Client agrees to abide by the authority of the Experience Designer or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise The Kelly Company at the time of booking and complete a medical form along with any other documents reasonably requested by The Kelly Company to ensure the health and safety of all Clients who travel with The Kelly Company.
Should the Client fail to comply with the above or commit any illegal act when on the Product tour or, if in the opinion of the Experience Designer (in his/her and/or The Kelly Company sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, The Kelly Company may terminate that Client’s travel arrangements on any Product immediately without any liability on The Kelly Company part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by The Kelly Company as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on the Product tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a The Kelly Company representative as soon as possible upon discovery by the Client.
Client agrees to take all prudent measures in relation to their own safety while on any The Kelly Company Experience, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. The Kelly Company shall not be liable for any failure on the Client’s part to comply with this paragraph.
TRAVEL DOCUMENTS: (a) Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid six months past the last date of travel with The Kelly Company), as well as all visas, permits and certificates including vaccination certificates and insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by The Kelly Company or any of its third party suppliers which are a direct result of the Client’s failure to secure proper travel documentation. Any information or advice given by The Kelly Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and The Kelly Company is not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.
(b) Documents: Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically and via email to the e-mail address provided on booking. The Kelly Company reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.
(c) Trip Details: The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on tour page of MalikahKelly.com and via email correspondence to the e-mail address provided on booking. including, but not limited to checking the website or email at least 48 hours prior to departure to ensure the Client has the most current Trip Details as minor changes may have been made since the tour documents were originally provided by The Kelly Company.
INSURANCE: CLIENT ACKNOWLEDGES THAT IT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$10,000 covering all applicable dates of any travel with The Kelly Company and this insurance must cover personal injury and emergency medical expenses. Thirty days before the departure of each Product tour, The Kelly Company will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Clients also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Kelly Company shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. The Kelly Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by The Kelly Company such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. Client acknowledges that the cost of the Product tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be
undertaken so that the insurer may properly cover travel on the applicable The Kelly Company Product.
DISCOUNTS AND PROMOTIONS: All discounts and any reduced pricing and/or promotional benefits are applied at The Kelly Company’s sole discretion. From time-to-time The Kelly Company may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment has been made in full or in part and has been received by The Kelly Company) are not entitled to the reduced pricing. Clients agree that if they have previously cancelled a booking in their name for a Product, they shall not be entitled to re-book on the same or any similar Product tour with any promotion or discount applied, even in the event that they may appear otherwise entitled to such discount.
CLAIMS AND COMPLAINTS: Client agrees to bring any complaints regarding a Product to The Kelly Company as soon as possible in order to provide The Kelly Company with the opportunity to address such complaint properly. Client agrees to inform The Kelly Company directly or in writing. The Kelly Company assumes no liability for complaints that are not properly brought to the attention of The Kelly Company with sufficient notice for The Kelly Company to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by The Kelly Company within 7 days of the end of the tour. Client acknowledges and agrees that The Kelly Company will not accept any liability for claims received after this period.
CLIENT RESPONSIBILITY: The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that The Kelly Company is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated, and The Kelly Company strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any The Kelly Company.