MOUTI TOURS & TRAVEL — TERMS & CONDITIONS
Effective date: 6 February 2026
Please read carefully. These Terms & Conditions (“Terms”) govern the contract between you (the “Client”, “you” or “traveller”) and MOUTI TOURS & TRAVEL (“MOUTI”, “we”, “us”, “our”), a tour operator registered in Kenya. They apply to bookings for tours, safaris, transfers, vehicle hire, accommodation, activities and related services organised or sold by MOUTI (the “Services”). By requesting a quote, paying a deposit, signing a booking form or otherwise confirming travel arrangements with MOUTI, you accept and agree to these Terms.
1. Booking & Confirmation
1.1. Enquiry & Quotation. All quotations are valid for the period stated on the quote (usually 14 days) and are subject to availability. Requests for bespoke services (custom itineraries, private vehicles, special events) require written confirmation.
1.2. How to Book. A booking is made when you (a) accept our written quotation and (b) pay the specified deposit and sign any required booking form or agreement. We will confirm receipt of your booking and payment and issue a booking confirmation/voucher.
1.3. Voucher / Documents. After full payment or required deposits, MOUTI will issue a confirmation voucher (email and/or document). You must carry printed or electronic copies of vouchers, permits and travel documents when travelling.
1.4. Age & Identification. All passengers must travel with valid government-issued identification (passport / ID) and any required visas. It is the traveller’s responsibility to ensure travel documents are valid for travel dates.
2. Prices, Payments & Currency
2.1. Currency. All prices are quoted in the currency shown on the quotation/invoice. If not stated, prices are in Kenyan Shillings (KES) or US Dollars (USD) as agreed.
2.2. Deposit. Bookings generally require a non-refundable deposit to secure reservations. The deposit amount is specified on your quote.
2.3. Balance Payment. The balance is payable no later than the date specified on your invoice (commonly 30–60 days before departure). For bookings made within 30 days of departure, full payment is required immediately.
2.4. Late Payment. If payment is late, we reserve the right to treat the booking as cancelled by you and apply cancellation fees (see Section 6). We may also withhold or cancel services where suppliers require full prepayment.
2.5. Payment Methods. We accept bank transfer, card payments and recognised payment platforms. Card payments may incur a processing fee. All bank transfer fees are the sender’s responsibility.
2.6. Price Changes. Prices are based on supplier rates, taxes, fuel and exchange rates at the time of quotation. MOUTI reserves the right to adjust the price in case of (a) exchange rate fluctuations, (b) increased supplier/park/government fees, or (c) fuel surcharge changes. If a price increase exceeds 10% of the confirmed total, you may cancel with a full refund of money paid (minus any non-refundable supplier costs) provided you notify us within 7 days of the price-change notice.
3. Inclusions & Exclusions
3.1. Included. Each itinerary or invoice will list included services (accommodation basis, transfers, meals, guides, park fees where stated). Only those services listed as included are included.
3.2. Excluded. International flights, visas, travel insurance, personal expenses, gratuities, optional activities, and items expressly noted as excluded in the quote are not included unless confirmed in writing.
4. Travel Insurance & Health
4.1. Mandatory Insurance. You must have adequate travel insurance covering medical expenses, evacuation, repatriation, personal accident, cancellation and loss of personal effects. Proof of insurance may be requested at any time.
4.2. Health Requirements & Advice. Vaccinations, malaria prophylaxis and other travel-health requirements are your responsibility. MOUTI can provide guidance but does not provide medical advice. Check with your doctor or national health authority before travel.
4.3. Fitness & Accessibility. You must disclose any medical, mobility or other conditions that may affect your ability to travel or participate in activities. MOUTI may require a medical clearance or decline to accept you on tours where participation would be unsafe or impractical.
5. Visas & Immigration
5.1. Responsibility. Obtaining visas and ensuring passport validity is your responsibility. MOUTI will provide general information but is not responsible for visa refusals or denial of entry.
6. Cancellations & Refunds (Client-initiated)
6.1. Withdrawal by You. If you cancel all or part of your booking, you must notify MOUTI in writing. Cancellation charges apply from the date written notice is received.
6.2. Cancellation scale (typical example — exact terms supplied on each quote):
- More than 60 days before departure: loss of deposit.
- 31–60 days: 50% of total package cost.
- 8–30 days: 75% of total package cost.
- 0–7 days or no-show: 100% of total package cost.
(Where supplier fees are higher, those supplier cancellation penalties will also apply and may increase your liability.)
6.3. Refunds. Refunds (where due) will be processed after supplier refunds are obtained. Refund timing depends on suppliers and payment processors and may take several weeks.
7. Amendments & Changes (Client & Operator)
7.1. Amendments by You. If you request changes after confirmation (dates, route, passenger names), we will try to accommodate them. An administration fee may apply together with any supplier change fees.
7.2. Changes by MOUTI. We plan itineraries carefully, but occasionally we must make changes for operational reasons (weather, park closures, supplier failure). If we make a material change (major alteration of trip dates, destination or a significant reduction in trip components), we will notify you as soon as possible and offer reasonable alternatives. If alternatives are unacceptable, you may cancel and receive a refund minus costs irrecoverable from suppliers.
7.3. Minor Changes. Small adjustments (room upgrades/downgrades, schedule tweaks, vehicle changes) are not grounds for cancellation or compensation.
8. Force Majeure
8.1. Definition. Force majeure means unforeseeable events beyond our control including natural disasters, acts of war, terrorism, strikes, industrial action, epidemics/pandemics, government action, port or airport closures, severe weather, or supplier insolvency.
8.2. Effect. If a force majeure event prevents performance, MOUTI may (at its discretion) offer alternatives, postpone services or cancel the affected elements. Neither party is liable for failure to perform caused by force majeure. You remain responsible for portions of the itinerary that can still be provided and may be responsible for additional costs for alternatives (we will endeavour to minimise costs).
9. Supplier Failure & Insolvency
9.1. Third-party Suppliers. MOUTI often acts as agent for third-party suppliers (hotels, lodges, air carriers, ground handlers). We accept no liability for supplier failure beyond assisting to obtain refunds or alternatives. Where MOUTI collects funds and a supplier becomes insolvent, we will assist with recovery but cannot guarantee full recovery.
9.2. Supplier Substitution. Where a supplier is unavailable, we will use a comparable supplier. If the alternative is significantly different we will notify you and offer remedies per Section 7.2.
10. Liability, Assumption of Risk & Indemnity
10.1. Assumption of Risk. Safaris, adventure and travel involve inherent risks. By booking you acknowledge and accept these risks and agree to follow guides’ instructions and local laws.
10.2. Limitation of Liability. To the fullest extent permitted by law, MOUTI’s liability for loss, damage or injury is limited to direct proven losses and excludes indirect or consequential losses. Our aggregate liability is capped at the total amount actually paid by you for the affected part of the services.
10.3. No Warranty. MOUTI provides services on behalf of suppliers and does not guarantee wildlife sightings, weather conditions, flight schedules, or conditions of remote lodges.
10.4. Indemnity. You agree to indemnify and hold MOUTI harmless from any claims, damages, liabilities, losses or expenses (including legal fees) arising from your breach of these Terms, negligent acts, failure to disclose material medical conditions, or wilful misconduct.
11. Behaviour, Local Laws & Responsible Travel
11.1. Code of Conduct. You must respect local customs, wildlife, people and property. Follow your guide’s instructions at all times. MOUTI may ask travellers who behave in a dangerous, offensive or illegal way to leave the trip at their own expense; no refund will be provided for unused services.
11.2. Photography & Permissions. Obtain permission before photographing people. Some cultural sites or lodges may have photography restrictions.
11.3. Wildlife & Park Rules. Never exit vehicles in undesignated areas, do not feed animals and obey all park rules. Damages or penalties resulting from your breach are your responsibility.
11.4. Sustainability & Community. MOUTI supports community projects and conservation. Guests are encouraged to respect the environment and local communities. Donations in lodges or villages are voluntary and should be handled respectfully.
12. Health Emergencies & Medical Evacuation
12.1. Medical Assistance. In the event of illness or injury, MOUTI will arrange appropriate assistance. Any costs (hospitalisation, evacuation, air ambulance) are your responsibility and must be covered by your travel insurance.
12.2. Pre-existing Conditions. Disclose relevant conditions in advance. Failure to disclose may invalidate insurance and relieve MOUTI of obligations in relation to your care.
13. Vehicles & Transportation (including vehicle hire)
13.1. Vehicle Standards. Vehicles provided meet local licensing and safety standards. Vehicles are operated by our drivers who hold appropriate licences.
13.2. Vehicle Use. Vehicles are for passenger use only; misuse, smoking, or alcohol-fuelled behaviour may lead to termination of journey and costs for damages.
13.3. Vehicle Hire Terms. Vehicle hire is subject to separate rental agreement terms (driver allowances, fuel, mileage limits, parking and overnight charges). Quoted hire rates assume normal road conditions and standard pick-up/drop-off points. Excess mileage, fines or vehicle damage caused by negligence will be charged to the hirer.
13.4. Breakdowns. We carry out regular maintenance. In case of mechanical failure we will assist with repair or provide a replacement vehicle as soon as reasonably possible. MOUTI is not responsible for delays beyond our control.
14. Accommodation & Meals
14.1. Standards & Changes. Lodges and hotels vary in standard. We select trusted suppliers but cannot guarantee identical room types across different properties. Where a specific lodge is unavailable we will propose an equivalent alternative.
14.2. Special Requests. Dietary requests, rooming preferences and accessibility needs should be communicated at booking. We will pass requests to suppliers but cannot guarantee fulfilment.
14.3. Hotel Check-in / Check-out. Standard check-in/check-out times apply (vary by property). Early check-in/late check-out is subject to availability and charges.
15. Activities, Excursions & Optional Extras
15.1. Optional activities (balloon flights, guided walks, watersports) are subject to supplier availability, local weather and safety rules. Optional extras normally cost extra and must be booked and paid in advance where required.
15.2. Balloon & Specialist Activities. Balloon flights require separate terms (age/weight limits, minimum pax). Cancellation due to weather is operator policy and refunds/credits are supplied per supplier’s rules.
16. Special Needs & Accessibility
16.1. Disclosure. Please declare mobility limitations, dietary, medical or accessibility requirements at the time of booking. Many safari vehicles and camps are not wheelchair accessible and remote locations may not be suitable for travellers requiring extensive assistance.
16.2. Assistance. We will use reasonable endeavours to accommodate needs but cannot guarantee full accessibility in remote or conservancy locations.
17. Children & Family Travel
17.1. Child Policy. Some lodges restrict children under specific ages (e.g., Treetops). Child discounts and policies vary — advise ages at booking.
17.2. Parental Responsibility. Parents/guardians must supervise children at all times and are responsible for children’s behaviour.
18. Privacy & Data Protection
18.1. Personal Data. We collect and store personal data needed to manage bookings (names, passport details, health information). We process data in line with applicable privacy laws and our Privacy Policy.
18.2. Use & Sharing. We may share data with suppliers, airports, immigration, insurers and service providers as required to deliver services. By booking you consent to such disclosures.
18.3. Marketing. We may contact you with offers if you consent; you may opt out at any time.
19. Intellectual Property & Website Use
19.1. Content. All images, text, logos and other content on our website and printed materials remain MOUTI’s property and may not be used without permission.
19.2. User Submissions. If you submit photos, reviews or content for publication, you grant MOUTI a perpetual, royalty-free licence to use them for marketing and promotional purposes.
20. Complaints & Dispute Resolution
20.1. On-trip complaints. Please raise complaints promptly with your guide or MOUTI’s operations team so we can try to resolve issues on the spot.
20.2. Formal complaints. If unresolved, send written complaints to info@moutitours.co.ke within 30 days of the trip end. We will acknowledge within 7 days and investigate.
20.3. Governing Law & Jurisdiction. These Terms are governed by the laws of Kenya. Parties will attempt to resolve disputes amicably. If unresolved, disputes will be subject to the exclusive jurisdiction of Kenyan courts, or at MOUTI’s option, arbitration under the Arbitration Act (Kenya).
21. COVID-19 & Communicable Diseases
21.1. Health Measures. You must comply with any health and safety requirements (testing, vaccination, quarantine) imposed by local authorities, airlines, suppliers or MOUTI.
21.2. Changes & Costs. Requirements may change rapidly; any additional costs (testing, quarantine, alternate transportation) resulting from health requirements are your responsibility.
21.3. Cancellation / Rebooking. In case of public health travel restrictions or mandatory quarantines affecting travel, we will offer alternatives (rebooking, credit or refund) in line with supplier rules and these Terms.
22. Promotional Offers & Vouchers
22.1. Promotions. Promotional offers and discounts have specific terms (validity, blackout dates and non-combinability). Supplier vouchers are subject to supplier terms.
22.2. Gift Vouchers. Gift vouchers are valid for the period specified and are non-refundable, non-transferable except where legally required.
23. Amendments to these Terms
23.1. Right to Amend. MOUTI may amend these Terms from time to time. The version published on our website at the time of booking governs your contract. Material changes after booking will not apply to confirmed bookings unless mutually agreed.
24. Severability & Entire Agreement
24.1. Severability. If any provision is invalid or unenforceable, the remainder of the Terms remain in force.
24.2. Entire Agreement. These Terms, the booking confirmation/voucher and any written service-specific terms constitute the entire agreement between you and MOUTI in respect of your booking.
25. Contact & Emergency
Bookings & General Enquiries: info@moutitours.co.ke
Operations Hotline (24/7 while travelling): +254 718 664 422 (WhatsApp & voice)
Final note
These Terms are drafted to protect both travellers and MOUTI and to make expectations clear. They are not a substitute for legal advice. If you require changes to these Terms for group bookings, incentives or corporate contracts, please request a bespoke contract. We recommend you review these Terms carefully and obtain independent legal advice if uncertain.
