The following general terms and conditions form part of all charter and ground service confirmations with Scenic Wilderness Ltd The General Terms and Conditions shall remain valid in their entirety unless otherwise specifically notified or agreed to in writing by Scenic Wilderness Ltd
Scenic Wilderness Ltd operates its flights under the Air Operating Certificate (AOC) and the Air Service License (ASL) of Scenic Air Safaris Ltd and as such the liability of Scenic Wilderness Ltd in respect of carriage of passengers hereunder is subject to the terms & conditions of Scenic Air Safaris who in turn abide by the rules and limitations relating to liability established by the Warsaw Convention as applied in The Republic of Kenya, and regulated by the Kenya Civil Aviation Authority (KCAA) and by the terms and conditions stated hereunder.
The subject of this agreement is the transport of passengers and/or goods from the point of departure to the point of destination as stated in the confirmation. Scenic Wilderness Ltd reserves the right to utilize any empty capacity an aircraft may have, including any positioning flights before, during, or after the period in which the aircraft is available to the customer, without any compensation to the customer.
Scenic Wilderness Ltd will endeavour to comply with the given air charter schedule, with the confirmed aircraft and routing.
The customer shall provide Scenic Wilderness Ltd. with a passenger name list as soon as possible after confirmation and before flight departure. Scenic Wilderness Ltd takes no responsibility with regard to visa requirements or the lack of required entry documents of its passengers or with regard to other customs or legal impediments to entry and exit for passengers. In case of additional surcharges, fees, fines or similar due to a non-compliance, the customer will be directly billed for any such costs.
Should an aircraft be chartered from another operator, the conditions of carriage of that operator apply together with the regulations of that operator’s resident country as well as the regulations of the Warsaw Convention and the Montreal Convention of 28 May 1999, as applicable
The customer shall not be entitled to offset the agreed price and payment obligation against any other potential claim the customer may have towards Scenic Wilderness Ltd.
The Shared Air Charter service will operate on a daily basis with a minimum of two passengers on any designated flight sector. Where a minimum of 2 passengers are booked, Scenic Wilderness Ltd reserves the right to operate a smaller aircraft and where 3 or more seats are booked, Scenic Wilderness Ltd reserves the right to operate a larger aircraft. A maximum of 9 seats will be made available per flight
Scenic Wilderness Ltd will endeavour to comply with the given air charter schedule, with the confirmed aircraft and routing. All departures are subject to departure time flexibility of up to +/- 2hours
As the service offered is a shared air charter service, indicative flight timings will be advised at the time of booking, with exact flight timings given 24hrs prior to flight departure / arrival. Designated relevant pick up and drop off points, being camps or lodges, will be advised of actual departure and arrival times
Flights will operate between Lewa and the Masai Mara returning to Lewa, however, as a shared flight and upon request, it may sometimes be necessary to stop at one or two strips at point of origin or at point of destination. All efforts will be made to limit stops and ensure the shortest possible flight route for passenger comfort
Additional pick up / drop off points may be considered on any flight sector, strictly on an ad-hoc / on demand basis.
Scenic Wilderness Ltd reserves the right to cancel the flight in the event of any circumstance that may jeopardise the safety of the flight, this includes but is not limited to aircraft serviceability, weather, or security.
Are aircraft specific and thus subject to aircraft serviceability and availability on the day of requested booking. Scenic Wilderness Ltd reserves the right to substitute aircraft type with same or similar capacity in order to deliver the service requested.
May only be issued by authorised agents of Scenic Wilderness Ltd, Scenic Air Safaris Ltd or Wilderness Air Ltd, whether they be air charter, shared charter or ground services. All quotations issued shall be costed point to point.
Quotations are exclusively as per specific route requested. Flight positioning legs (empty legs) are not included and/or implied in the flight service provided. Scenic Wilderness Ltd reserve the right to re-position aircraft in accordance with required daily charter schedules at time of operation.
All pricing Is subject to industry and related fuel price fluctuations. Should a fuel price fluctuation occur over US$ 0.80 per litre, Scenic Wilderness Ltd will inform the ‘charterer’ as far in advance as is possible. Additional costs for fuel price fluctuations will be billed to accordingly.
Are valid for fourteen (14) days.
If applicable, Vat of 16% shall be payable for services that attract a VAT surcharge
Provisional booking requests for departures between;
01st June - 30 September and 15 Dec - 15 Jan will be held for 7 days and then released.
Bookings for all other dates will be held for 14 days and then released.
Provisional bookings if not confirmed or extended beyond the applicable period, will be automatically released.
Aircraft operating costs including; single crew operation, fuel, aircraft insurance and maintenance, Air navigation and landing fees.
Passenger Travel insurance.
Passenger Airport Departure Taxes if applicable.
In-flight catering unless specifically requested.
Crew meals, accommodation and transport. Where a day/night stop is required; the client/agent/operator will be required to make the necessary reservations for accommodation, meals and transport for the crew, to and from airports.
Demurrage charges unless specifically requested for.
A written confirmation of services request is required and may be received by email with e- signature and will be accepted as a signed request to confirm a booking.
Upon receipt of signed confirmation of the booking, an invoice for 20% of the value of the booking, non-refundable deposit will be issued.
Deposit and/or full payment is required to secure a booking.
Invoice payment is required within 7 days of invoice date and no later than 72 hours prior to any confirmed departure date / booking.
Payments may be accepted by cheque, bank transfer, direct bank deposit, credit card or any other secure method.
Electronic proof of payment advice (POP) will be accepted as proof of deposit / full payment.
Should there be any en-route changes or delays as a result of compliance with the requirements of international law or national legislation or subordinate legislation; or customers changed requirements; unserviceability of the aircraft beyond Scenic Wilderness Ltd reasonable control; safety of the aircraft; safety of the aircraft’s crew; and/or safety of our passengers, we reserve the right to postpone or redirect the flight, or provide the customer with another aircraft, should any such occurrences arise and the booked aircraft becomes unavailable. Any additional costs arising from such changes and/or delays
(excluding the cost of repairing the aircraft, but including the costs of arranging an alternative aircraft) shall become payable by the aircraft charterer in addition to the quoted price. Further, where the aircraft may be diverted due to weather and/or any other reason; and in the event, that the actual flight time logged by the pilot exceeds the quoted time, the actual hours flown will be invoiced accordingly and not the quoted time. If all costs (including any positioning costs of the booked aircraft back to home base, in case the above occurs en-route) are less than the amount agreed for the original flight schedule, Scenic Wilderness Ltd. shall credit the difference to the customer.
Scenic Wilderness Ltd. shall not be liable for any financial or emotional damages to the customer, its passengers or any third party arising from any such delay or change.
The same applies if the customer wishes to change the given schedule. Scenic Wilderness Ltd. will do everything possible to comply with the customers’ requirements, provided applicable aviation regulations, air traffic control requirements and crew duty time restrictions can be maintained and if the changes do not conflict with other bookings.
Payment in full for all bookings will be required as follows;
Peak Period : July, Aug, Sept & Dec - 60 days prior to flight
Off Peak Period: All other months - 30 days prior to flight
up to US$2,000 = $50 / up to $5,000 = $130 / up to $10,000 = $220
for amounts higher than $10,000, please enquire directly with us
All cancellations to confirmed charter flight or shared charter flight bookings must be received in writing to sales@scenicairsafaris.com or flying@lewawilderness.com email address and you must receive an acknowledgment of the cancellation from us by return, confirming and accepting the cancellation. Should a confirmed booking be cancelled, the following cancellation charges shall apply;
Customers can make changes to bookings within 14 days prior to flight, these changes include date of flight or passenger name. Any such change will attract an administration fee of $75 per passenger.
Any change less than 14 days prior to flight will be considered a cancellation and will not be subject to any refund.
Flights may be cancelled up to 60 days prior to the date of the flight and will be fully refundable but refunds will be subject to $75 administration fee per passenger.
COVID-19 or variants of COVID related incidences are not applicable for humanitarian consideration. Any request for a refund would be considered on an individual basis‚ but not guaranteed. Any approved refunds will be subject to an administrative fee of USD75 per booking.
59-31 days prior to departure 30 % of the total amount 30 - 11 days prior to departure 50 % of the total amount 10 – 01 days prior to departure 80 % of the total amount
Less than 24hrs prior to departure 100 % of the total amount
29 - 11 days prior to departure 30 % of the total amount 10 - 05 days prior to departure 50 % of the total amount 04 – 01 days prior to departure 80 % of the total amount
Less than 24hrs prior to departure 100 % of the total amount
Scenic Wilderness Ltd reserves the right to charge for any/all costs related or incurred to a confirmed booking including any expenses already incurred in order to confirm the booking, OR whichever is the greater. Including but not limited to clearance charges, positioning flights, ground services, crew costs, navigation charges or permits and any other costs directly related to flight preparation.
That all applicable health, exit, entry, tax, visa, customs, and any other legal and statutory formalities or requirements are complied with by all passengers who travel on-board our aircraft and any such requirements shall not be the responsibility of Scenic Wilderness Ltd to process or enforce. You hereby indemnify Scenic Wilderness Ltd. from any claim or damage which may be incurred or suffered from traveller on any flight other than claims or damage caused by Scenic Wilderness Ltd’ own negligent or wilful misconduct.
That by confirming a booking with Scenic Wilderness Ltd, you have read and understand the General Terms & Conditions contained herein and agree and accept to be bound by said General Terms and Conditions 2022, in their entirety.
Its terms and conditions hereby and all inclusions or exclusions herein shall be governed by the Laws of The Republic of Kenya and any claim or dispute whatsoever arising hereunder shall be determined by the laws of Kenya to the exclusion of the courts or laws of any other country.
HEAD OFFICE
Hangar One
Vipingo Ridge Airport, Kilifi, Kenya
Direct Line: +254-(0)20-260-7433 / +254(0)701-068-225
Email: sales@scenicairsafaris.com
Postal Address
PO Box 133, Vipingo, 80119, Kenya
BRANCH OFFICE
Lewa Wilderness, Lewa Wildlife Conservancy, Kenya Phone: ++254 11 3774175