Terms & Conditions

Welcome to the Sun & Safari website. These Terms & Conditions (“Terms”) govern your access to and use of www.sunandsafari.co.ke (the “Site”), operated by Sun & Safari (“we,” “us,” “our”), a travel planning and safari booking business based in Kenya. By browsing the Site, submitting a form, or otherwise using its content, you agree to be bound by these Terms. If you do not agree with any part of them, please don’t continue using the Site.

These Terms are distinct from — though closely related to — two other documents: our Booking Conditions, which govern the specific contract formed once you confirm a trip with us, and our Privacy Policy, which explains how we handle personal data. Where these Terms address the Site itself, the Booking Conditions address the holiday you’ve actually paid for. We’d recommend reading whichever is relevant to what you’re doing on the Site at the time — browsing and researching, versus booking and travelling.

Contents

• 1. Acceptance of These Terms
• 2. Who We Are
• 3. Permitted Use of the Site
• 4. Accuracy of Content & Pricing
• International Visitors & Language
• 5. Intellectual Property
• 6. Reviews, Testimonials & User Submissions
• 7. Third-Party Links & Partner Content
• 8. Relationship to Bookings
• 9. Site Availability & Technical Issues
• 10. Limitation of Liability
• 11. Indemnity
• 12. Prohibited Conduct
• 13. Privacy & Cookies
• 14. Changes to These Terms
• 15. Severability & Entire Agreement
• 16. Governing Law & Jurisdiction
• 17. How to Contact Us

1. Acceptance of These Terms

By accessing or using any part of the Site — including reading our travel guide, browsing packages, or submitting an enquiry through our trip planner — you confirm that you accept these Terms in full. If you are using the Site on behalf of a group, company, or other travellers, you confirm that you have the authority to bind them to these Terms as well, and that you’ll ensure they’re aware of the relevant terms before travel.

You must be at least 18 years old, or have the involvement of a parent or guardian, to submit a booking enquiry or confirm a trip through the Site. Casual browsing of general content, such as our destination and travel guide pages, carries no such restriction.

2. Who We Are

Sun & Safari is a Kenya-based travel planning and destination management business, arranging safari and coastal itineraries across the country, including the Masai Mara, Amboseli, Tsavo, Samburu, and the Indian Ocean coast around Diani, Watamu, and Lamu. Further background on our team and approach is available on our About page. References to “the Site” throughout these Terms mean www.sunandsafari.co.ke and all its subpages, and references to “Content” mean the text, images, itineraries, pricing, and other material published across it.

3. Permitted Use of the Site

You’re welcome to browse, read, and use the Site for personal, non-commercial purposes connected to researching or booking travel to Kenya — that’s exactly what it’s built for. This includes reading our destination and travel guide content, comparing our services, and submitting genuine enquiries about a trip you’re considering.

You may not use the Site in any way that could damage, disable, overburden, or impair it, or interfere with any other party’s use of it. You may not attempt to gain unauthorised access to any part of the Site, our systems, or any account or data connected to it. Automated scraping, bulk copying, or systematic extraction of our Content for use elsewhere — including to populate a competing travel website — is not permitted without our prior written consent.

4. Accuracy of Content & Pricing

We work hard to keep the Content across this Site accurate and current, including details about our destinations, packages, and practical guidance such as our eTA and visa guide. That said, travel is an area where facts genuinely change — park fees are revised by government authorities, camps update their offerings, visa processes evolve, and wildlife sightings vary by season in ways no website can guarantee. We cannot promise that every detail on the Site is accurate at every moment, and we recommend confirming anything time-sensitive or safety-relevant — vaccination requirements, current entry rules, specific pricing — directly with our team before relying on it for a firm decision.

Prices shown on package and service pages are indicative starting rates and are not a binding offer capable of acceptance simply by viewing the page. A binding price is only established once we’ve issued a written quote and, ultimately, a signed booking confirmation, as described in our Booking Conditions. Where a pricing error appears on the Site due to a technical or human mistake, we reserve the right to correct it and will inform you before processing any payment based on an incorrect figure.

This principle extends to wildlife and seasonal descriptions across the Site as well. When our Kenya Wildlife Guide describes typical sighting patterns for a given park, or our Best Time to Visit guide describes expected weather for a given month, these are genuine, experience-based patterns rather than guarantees. Wildlife behaviour, migration timing, and weather are all naturally variable, and no operator — however experienced — can promise a specific sighting or a rain-free week. We aim to set expectations honestly rather than optimistically, but the natural world remains, appropriately, outside anyone’s control.

International Visitors & Language

The Site is written primarily in English and reflects Kenyan business practice and, where relevant, Kenyan law. If you are accessing the Site from another country, you are responsible for compliance with any local laws applicable to you, including in relation to importing goods you may purchase in connection with your trip, or restrictions your home country may place on travel to specific regions. Nothing on the Site should be read as legal or immigration advice specific to your personal circumstances; our eTA and visa guide is a general resource, and where your situation is unusual — dual nationality, a criminal record requiring disclosure, or an unusual travel history — we’d recommend confirming directly with the relevant Kenyan immigration authority rather than relying solely on our general guidance.

Currency figures, distances, and measurements across the Site are generally presented in the units most familiar to an international audience — US Dollars for pricing, kilometres for distance — but we’re happy to convert or clarify a specific figure on request if it would help your planning.

5. Intellectual Property

All Content on this Site — including text, photographs, itinerary descriptions, graphics, logos, and the underlying design and layout — is owned by Sun & Safari or used under licence from the relevant rights holder, and is protected by Kenyan and international copyright, trademark, and related intellectual property law. Nothing in these Terms transfers any ownership of that Content to you.

You may view, print, or share individual pages of the Site for your own personal, non-commercial use in planning a trip — for example, printing a packing checklist from our packing guide for your own reference. You may not reproduce, republish, distribute, or otherwise commercially exploit our Content, in whole or substantial part, without our prior written permission. Where you’d like to reference or quote our Content elsewhere — in press coverage, a travel blog, or an academic context — we’re generally happy to discuss it; just get in touch via our contact page first.

6. Reviews, Testimonials & User Submissions

From time to time, we invite travellers to share feedback, reviews, or photographs from their trip, some of which may be featured on our testimonials page or gallery. Where you submit a review, testimonial, or photograph to us, you confirm that it is genuinely your own work or that you hold the necessary rights to share it, and you grant us a non-exclusive, royalty-free licence to use, edit for length or clarity, and publish it across our Site and associated marketing materials, unless you specifically ask us not to at the time of submission.

We reserve the right not to publish, or to remove, any submission that is inaccurate, offensive, unrelated to a genuine trip booked with us, or that we otherwise reasonably consider inappropriate for the Site. If you’d like a previously published review or photograph removed, contact us and we will action the request promptly.

7. Third-Party Links & Partner Content

The Site links to a range of third-party resources — partner lodges and camps, airlines, government visa portals referenced in our eTA guide, and payment processors used during checkout. These links are provided for convenience, and their inclusion does not imply our endorsement of every aspect of the linked site’s content, accuracy, or practices. We do not control third-party websites and are not responsible for their content, availability, or how they handle information you provide to them directly.

If you follow a link away from our Site, we’d encourage you to review that destination’s own terms and privacy practices, since ours cease to apply the moment you leave www.sunandsafari.co.ke.

8. Relationship to Bookings

Browsing the Site, using the trip planner, or submitting a general enquiry does not, by itself, create a binding contract between you and Sun & Safari. A binding booking is only formed in accordance with our Booking Conditions, which govern deposits, payment schedules, cancellation terms, and the specific responsibilities of both parties once a trip is confirmed. Where anything in these Terms appears to conflict with the Booking Conditions on a matter specific to a confirmed trip, the Booking Conditions take precedence for that specific matter.

9. Site Availability & Technical Issues

We aim to keep the Site accessible and functioning correctly, but we don’t guarantee uninterrupted availability. The Site may occasionally be unavailable due to maintenance, technical issues, or circumstances outside our control, including issues with third-party hosting or payment infrastructure. We are not liable for any loss or inconvenience arising from temporary unavailability of the Site, though genuine booking-related issues should always be raised directly with our team via our contact page so we can resolve them through direct communication rather than leaving you to rely on the Site alone during a time-sensitive process.

10. Limitation of Liability

The Site and its Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by Kenyan law, we exclude all warranties, express or implied, regarding the Site’s accuracy, completeness, or fitness for a particular purpose, beyond what is described in these Terms. Our liability arising from your use of the Site itself — as distinct from a confirmed trip governed by our Booking Conditions — is limited to direct losses that were reasonably foreseeable, and we exclude liability for indirect or consequential loss to the fullest extent the law allows.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded under Kenyan law, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

It’s worth being specific about what this means in practice. If, for example, an error on the Site led you to believe a particular activity was included in a package when it wasn’t, and that error was genuinely ours rather than a misreading of clearly stated terms, we would look to resolve it fairly — most likely by honouring the reasonable expectation the error created, or by offering an appropriate remedy, rather than hiding behind this clause as a technicality. This limitation of liability exists to set a sensible boundary around open-ended or unforeseeable claims, not to avoid taking responsibility for genuine mistakes on our part.

11. Indemnity

You agree to indemnify and hold Sun & Safari harmless from any claim, loss, or expense — including reasonable legal costs — arising from your misuse of the Site, your breach of these Terms, or your submission of content to the Site that infringes the rights of a third party, such as a photograph or review submitted without the necessary rights to share it.

12. Prohibited Conduct

In addition to the restrictions described in Section 3, you agree not to use the Site to:

• Submit false, misleading, or fraudulent booking enquiries or payment information
• Upload or transmit any virus, malicious code, or content designed to disrupt the Site’s operation
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Submit content that is defamatory, obscene, discriminatory, or otherwise unlawful under Kenyan law
• Use the Site to harvest or collect information about other users or visitors
• Breach any applicable local, national, or international law through your use of the Site

We reserve the right to restrict or terminate access to the Site for anyone who breaches these Terms, and to report unlawful activity to the relevant authorities where appropriate.

13. Privacy & Cookies

Our collection and use of personal data submitted through the Site — including through enquiry forms, the trip planner, and cookies used for analytics and functionality — is governed by our Privacy Policy, which forms part of these Terms by reference. Please review it separately for full detail on what we collect, why, and the rights available to you over your own data.

14. Changes to These Terms

We may revise these Terms from time to time to reflect changes in how the Site operates, in our services, or in applicable law. The version published on this page at any given time is the version in effect, and the “last updated” date at the top of this page reflects when it was last revised. Continued use of the Site after a change takes effect constitutes your acceptance of the revised Terms; where a change is material, we will make reasonable efforts to draw attention to it beyond simply updating the date.

Frequently Asked Questions About These Terms

Do these Terms apply if I only browse the Site and never book anything?

Yes. Simply using the Site — reading a destination page, comparing itineraries, or working through our travel guide — is enough to bring these Terms into effect, even if you never go on to make an enquiry or confirm a booking. The obligations relevant to casual browsing are lighter than those relevant to a confirmed trip, but the underlying Terms apply from your first visit.

Can I copy information from your travel guide for my own blog or itinerary?

Short factual references with proper attribution are one thing, but wholesale copying of our written Content — including guides such as our Great Migration Guide or Kenya Wildlife Guide — for republication elsewhere isn’t something these Terms permit without our prior written consent. If you’d like to reference our Content in a way that goes beyond a brief, clearly attributed quote, reach out via our contact page and we’re generally glad to discuss it.

What happens if a package price on the Site doesn’t match what I’m eventually quoted?

Package pages such as our 2-Day Tsavo East Safari or 3-Day Amboseli itinerary show indicative starting prices for the trip as generally described, which can vary based on your specific travel dates, group size, room category, and any customisation you request. As explained in Section 4, the figure that actually binds us is the one confirmed in your written quote and, ultimately, your booking confirmation — not the number displayed on the page when you first browsed it.

Are the photographs on your Site actually taken in the locations described?

Where practical, yes, and we make a genuine effort to represent our destinations honestly through original and appropriately licensed photography. That said, a website necessarily uses a curated selection of images that can’t capture every possible weather condition, season, or specific camp room you might personally be allocated, and specific accommodation photography should always be treated as broadly representative rather than a guarantee of the exact room or view you’ll receive, which can vary by availability at time of booking.

Can I use content from your Site in a school or university project?

Reasonable, properly attributed use of small excerpts for genuine educational purposes, such as citing a fact from our Best Time to Visit guide in a research project, is generally not something we’d object to, though we’d still ask that you not reproduce substantial sections of our Content wholesale. If you’re unsure whether a specific planned use is acceptable, it’s always fine to ask us directly first.

Do these Terms give me any rights regarding a trip I haven’t booked yet?

No. These Terms govern your use of the website itself. They don’t create any right to a specific price, a specific camp’s availability, or any other commitment regarding a future trip — those commitments only arise once a booking is confirmed under our Booking Conditions. Until that point, everything on the Site, including pricing and availability shown on pages like our Bush and Beach package, remains indicative and subject to change.

What if I disagree with a decision to remove my review or submission?

If we’ve removed or declined to publish a review, testimonial, or photograph you submitted under Section 6, and you’d like to understand why, contact us and we’ll explain our reasoning. We try to apply a consistent, fair standard — genuine, trip-related feedback is exactly what we want to feature — rather than removing content simply because it’s critical, provided it’s accurate and not defamatory or abusive.

Why We’ve Kept These Terms Separate From Our Booking Conditions

Some travel companies fold everything — website use, booking terms, cancellation policy, and privacy practices — into a single dense document, which tends to make it harder for anyone to find the specific clause that actually matters to their situation. We’ve deliberately split ours into three focused documents instead: these Terms govern the website itself; our Booking Conditions govern the specific contract formed once you confirm a trip, including deposits, payment schedules, and cancellation terms; and our Privacy Policy explains what happens to your personal data throughout. If you’re trying to understand a question about a confirmed booking specifically — a cancellation charge, a payment deadline, a documentation requirement — the Booking Conditions are almost certainly the more directly relevant document, and these Terms exist mainly to cover how the Site itself may be used.

15. Severability & Entire Agreement

If any provision of these Terms is found by a court or competent authority to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. These Terms, together with our Booking Conditions and Privacy Policy, represent the entire agreement between you and Sun & Safari regarding use of the Site, superseding any prior understanding on the same subject, whether written or verbal.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of Kenya. Any dispute arising from your use of the Site that cannot be resolved informally will be subject to the exclusive jurisdiction of the Kenyan courts, without prejudice to any mandatory consumer protection rights available to you under the law of your own country of residence where you are accessing the Site from abroad.

17. How to Contact Us

If anything in these Terms is unclear, or you’d like to raise a concern about Content on the Site, the quickest route is our contact page, where you’ll find our current phone, email, and WhatsApp details. For questions specific to an active or upcoming booking, our FAQ covers many of the practical questions we’re asked most often, and our Booking Conditions set out the terms that apply once a trip is confirmed.