Terms & Conditions

As we care about your rights, please go over these terms and conditions meticulously before using the website. The https://msafiri.co website (henceforth referred to as Msafiri or ‘the website’ or ‘the company’), along with the mobile site, smartphone application for Android, iOS, and Windows are part of Msafiri Relier LLP, incorporated in Mombasa, Kenya.

GENERAL

Use of Cookies

  • PLEASE NOTE: The Site uses various types of cookies to provide certain functionality on the Site. A cookie is a small text file that contains small amounts of information that are downloaded to your computer or mobile device when visiting a website. These cookies are then sent back to the originating website when you visit that site again or to another site that recognizes that cookie. For further information on the cookies that are used on Msafiri.co, please visit Msafiri’s Statement on the Use of Cookies (available at Cookie Statement).

Terms of Agreement

  • By visiting and using the website, you agree to accept, without change, restriction, or qualification, the terms and conditions contained herein (the “agreement”). You represent and warrant that you possess the legal right and ability to enter into this agreement and to use the website in accordance with all terms and conditions herein.

Modification of Terms

  • Msafiri Relier endeavors to ensure that the content contained on this website is as accurate as possible however, flaws may arise from time to time. The website and/or any of its sister companies accept no responsibility for any inaccuracy in the information contained on the Msafiri website.
  • The website contains information about the products and services Msafiri and/or any third party is offering. This information and all other material on the website are provided in good faith. By using the website, you agree and acknowledge that the website may update, change or amend the Terms and Conditions and Customer Care Policy and/or other information provided on the website at any time without advance notice. Changed terms and conditions will become effective once posted on the website, and will not have any retrospective effect on existing contractual arrangements made through the website. You should read these terms and conditions every time you visit the website to ensure that you are aware of all the relevant terms and conditions. Accordingly, your continued access and use of the website after any change is deemed to be your acceptance of the modified terms and conditions.

Site Availability

  • The website makes no representations or warranties, either expressed or implied, with respect to the website or the contents and, to the fullest extent permissible under the law, disclaims all such representations and warranties.
  • Your access to and use of software and other materials on, or through the website is solely at your own risk. The website makes no warranty whatsoever about the reliability, stability or virus-free nature of such software.
  • Subject to applicable law, under no circumstance is Msafiri and/or its Licensors and/or Suppliers and/or its Service Providers responsible for any direct or indirect, incidental, special, punitive, exemplary or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of or inability to use the website whether based on breach of contract, tort, negligence, product liability or otherwise, even if advised of the possibility of such damages. This includes any information, products or services obtained through or any contract entered into via the website, but excludes carriage by air performed by airlines in respect of any ticket obtained using the booking engine provided on the website, which is subject to the conditions of carriage and applicable international conventions.

Acceptable Use

When using the website, you declare and agree:

  • To use them solely to determine the availability of products and services offered on the website and to assist you to make legitimate reservations or transact business with us. You agree to use the website only for personal, non-commercial use.
  • To use the website services to make only legitimate reservations.
  • You are at least 18 years of age and you possess the legal authority to create a binding legal obligation.
  • You will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
  • Not to make any false reservation or any reservation in anticipation of demand. The website may cancel, without notice, all confirmations associated with multiple reservations to one or more destination on or about the same date.
  • Not to deface, alter or interfere with the front end “look and feel” of the website or the underlying software code.
  • Not to take any action that may impose an unreasonable or disproportionately large load on the website or related infrastructure.
  • To all of our terms and conditions of purchase, including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of prices, products, or services. All fees, assessments, charges, taxes and duties arising out of use of the website are your sole responsibility.
  • Not to do anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the material available on the website, nor to upload any material that contains any computer viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any software or equipment.
  • Not to post, distribute or otherwise upload any defamatory, libelous, offensive, infringing, obscene, indecent, harmful, threatening, abusive, tortuous, racially or ethnically objectionable or otherwise unlawful material or information or send any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication.
  • Not to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others, including individual privacy rights.
  • Not to obtain or attempt to obtain unauthorized access to the website or any private or member account areas on the website, nor to impersonate any person or misrepresent your affiliation with another person.
  • Not do, cause or permit anything to be done that may infringe damage or interfere with any intellectual property rights of nor any of our associated companies or third parties.
  • Also, not to do anything that is otherwise unlawful or which may create any liability on the part of the website.
  • Violate this Agreement or any applicable legislation in any other manner.
  • Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents thereof as may be required by law
  • Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another computer
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
  • Falsify the origin or source of software or other material contained in a file that is uploaded
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
  • Use this website or its contents for any commercial purpose;
  • Access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  • ‘Frame’, ‘mirror’ or otherwise incorporate any part of this website into any other website without our prior written authorization.
  • Not to host, display, upload, modify, publish, transmit, update or share the following:
  • Information belonging to another person for which the user does not have any right.
  • Information that is hateful, grossly harmful including harmful to minors, pedophilia, invasive of another privacy, racially, ethnically objectionable, disparaging, encouraging money laundering or gambling.
  • Information that infringes any Patent, Trademark, Copyright or other Proprietary rights.
  • Information that deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature
  • Information that threatens the unity, integrity, defense, security or sovereignty of the countries we operate in, friendly relation with foreign states or Public order or cause incitement to the commission of any cognizable offences or prevents investigation of any offence or insulting any other nation.
  • Information that impersonates another person
  • If the website considers that you have breached any of these terms and conditions or have otherwise demonstrated inappropriate conduct when using the website, Msafiri reserves the right to:
  • Warn you that you have breached these terms and conditions, and ask you to stop such conduct;
  • Delete any material or content that you may have posted without notice to you;
  • Take measures (including terminating, suspending or restricting your access) to, and preventing you from using the website;
  • Cancel any bookings and/or reservations that you may have with Msafiri without reference to you;
  • Report your activities to an internet service provider or relevant authorities;
  • Take legal action against you.

Copyright and Trademarks

  • All content of the Msafiri website is subject to copyright.
  • The website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website.
  • The website, sister companies’ names, and any other product or trade names of Msafiri referenced to the website are our trademarks and/or registered trademarks. Other product and company names mentioned herein may be the trademarks of their respective owners.

Mobile Terms

  • By using Msafiri mobile apps to access the Msafiri and/or any other sister Company Services (the “Mobile Service”), you accept and agree to be bound by the terms and Conditions of the Msafiri website, herein this section, in addition to the rest of these Terms of Service. Your continued use of the Mobile Service is conditioned upon your compliance with these Mobile Terms.
  • By using the Mobile Service, you understand and agree that Msafiri has no obligation to maintain, support, upgrade, or update the Mobile Service, or to provide all or any specific content through the Mobile Service. You further understand and agree that we may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to our mobile app, consistent with our Privacy Policy.

Use of Credit Card

  • We accept all major credit cards and debit cards. You can make bookings on the website for passengers other than yourself.
  • We accept credit cards issued across various geographies, however we may keep certain credit cards issued by certain countries blocked on our website / mobile apps during the booking process.
  • We accept debit cards that have been unlocked by the respective issuing banks to be used on e-commerce websites. In case your debit card does not work on the site / app kindly contact your issuing bank to get it activated. Banks may replace your old debit card with a new one that allows you to transact on e-commerce websites
  • Your credit card / debit card will be debited when you click on the confirm button.
  • The tickets shall be delivered to you to your registered email address once the payment has been confirmed by our payment gateway.
  • Disclaimer: Msafiri accepts no liability or responsibility and will not be liable or responsible for any loss, damage, misuse or unauthorized access occurring in connection with the provision of credit/debit card data. Msafiri will not be responsible or liable for any action or decision made by you in reliance on the information with regard to credit/debit card usage on this website even if Msafiri has been advised of the possibility of these damages.
  • We will make every effort to maintain confidentiality when securing an online payment. This covers the security of your credit card details and other personal information. All of your personal information is encrypted as it travels over the Internet.

Fraud Management

  • The carriage of passengers and their baggage by air will be subject to the conditions of carriage of the carrier concerned.
  • The carriage of passengers and their baggage may also be subject to the applicable Warsaw Convention 1929 or the Montreal Convention 1999, and other applicable legislation which may limit or stipulate the carrier’s liability in certain circumstances.

Indemnity & Limitation of Liability

  • As a condition of use of the Msafiri website, you agree to indemnify us from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.
  • In no event will the website be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites. In no event will the website or any of its contractors, directors, employees, agents, third-party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the site (including any and all materials) or any reference sites, or (iv) any other interactions with the website, however, caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or Six thousand Shillings (Kshs 6000), whichever is less.

Waiver

  • The failure of the website to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Msafiri.

Links to Third-Party Websites

  • The website may contain links and pointers to internet sites maintained by third parties. The website does not operate or control in any respect any information, products or services on such third-party sites. Third-party links and pointers are included solely for your convenience and do not constitute any endorsement by us.
  • You assume sole responsibility for use of third-party links and pointers.

Grievances

  • If you are displeased with any condition of the website or if you have any objection about any of the services provided by the website please contact us.How to reach Msafiri:
    Email directly to support@msafiri.comGo to our “contact us” page on the website and state your grievance in the subject of the “contact us” form.

Choice of Law and Jurisdiction

  • Your use of the website and the terms and conditions is subject to the laws of Kenya and you agree to submit to the exclusive jurisdiction of the courts of Nairobi, Kenya. Nevertheless, the website reserves the right to bring proceedings to the courts of the country of your location.

Notice

  • Msafiri may provide you with notices and communications by email, regular mail or postings on the site or by any other reasonable means. Except as otherwise set forth herein, notice to the website must be sent by courier or registered mail to P.O. Box 99434, Mombasa, Kenya.

HOTEL T&C's

Types of accommodations

  • Msafiri Relier (henceforth referred to as Msafiri or ‘the website’ or ‘the company’), as well as the mobile site, smartphone applications for Android, iOS, or Windows, gives access through which you can browse different types of lodging and temporary accommodation, including but not necessarily limited to: hotels; hostels; serviced apartments; B&Bs; rooms for rent; cottages; ryokans; etc, (collectively, the “accommodation(s)”). Reservations at such accommodations are possible through Msafiri.

Website booking

  • By making a booking through the website, you are booking a reservation at the price listed for that reservation and such other terms and conditions stated on the website, which shall become a binding contract when accepted by Msafiri, which in turn means the reservation has been confirmed by the accommodation. We will indicate the acceptance of your accommodation booking via an email confirmation (with a voucher for prepaid accommodations). We reserve the right to reject bookings as set out below.

Accommodation information

  • Information provided by Msafiri is sourced from various suppliers and accommodations. The accuracy and correctness of rates, availability, description, hotel reviews, booking conditions, and all other content is under the liability of the accommodations. It is the responsibility of the hotel chain and/or the individual property to ensure the accuracy of the photos displayed. Msafiri is not responsible for any inaccuracies in the photos.

Accommodation classification

  • Accommodation classification is based on local standards in the country where they are located, which can differ from standards in other countries. The classification may not be an official rating and is intended as a general guide only. Customers should be aware that standards can vary between accommodations of the same class in different countries, and even within the same country, and that classification may in certain cases be based on self-assessment by accommodations. As a consequence, Msafiri does not guarantee the accuracy of accommodation classification and, to the maximum extent permitted by applicable law, does not accept any liability in relation to the classification displayed on the website.

Right to cancel

We reserve the authority to turn down customers or bookings (or in rare cases to cancel confirmed bookings) at our discretion and for whatever legal reason without obligation to justify of such refusal. Common reasons for rejecting a customer or booking include, but are not limited to:

  • Breach of Msafiri’s terms and conditions
  • Accommodation closure
  • Incorrect rate
  • Force majeure events
  • Trade or economic sanctions
  • Embargoes, legal restrictions
  • Fraud or theft
  • Suspected criminal activity
  • Submission of misleading or erroneous information
  • Credit card problems
  • Inappropriate behavior
  • Threats or insults

Under circumstances where a booking is rejected or cancelled by Msafiri and a payment has already been made, you will receive a reimbursement of the total booking value.

We reserve the right to deter (or “ostracize”) users from the website, on a permanent or temporary basis, at our discretion. Any such ostracized users must not attempt to use the website under any other name or through any other user.

In rare cases, we may also have to cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the website (e.g. in terms of price) which a reasonable person would not consider normal. The amount charged will be reimbursed in such cases. Whether to cancel or reject a booking, for this reason, is at Msafiri’s discretion.

Prices and additional charges by accommodations

Display of prices

  • Please note that all prices on the website for your accommodation room reservations are for the requested stay dates and for the number of people indicated (unless indicated otherwise). Msafiri will typically display the rate exclusive of tax recovery and service charges (see below for more details), and display these additional tax recovery and service charges during the booking path. Without prejudice to what is set out below, you will see the total inclusive price prior to confirming your booking. Display settings may vary, but all charges will show on the final booking page (before the confirmation screen). Please verify every step of your reservation on the booking form.
  • What is included in the rate is displayed on the website (under the Accommodation information section or prior to the final booking confirmation) and/or in the confirmation email/voucher.
  • The standard accommodation room reservations are for single, double or triple occupancy. Extra beds will usually incur extra charges unless stated otherwise. The accommodation may also refuse to accept additional persons if not duly informed in advance.
  • Insurance of any kind is not included in the rates.

Taxes collected directly at accommodation

  • Certain accommodations may charge you a so-called additional but mandatory “resort fee” or occupancy tax (when applicable) for the use of certain services. This resort fee is collected directly from the guest and typically will not be included in the price, but it will be mentioned in the accommodation description on the website.
  • Taxability, the appropriate tax rate, and the type of applicable taxes vary greatly by location and can change without prior notification.

Consumption fees

  • You may also be charged directly by the accommodation for energy surcharges, baggage handling fees, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees. The practice to add additional accommodation fees is outside Msafiri’s control and occurs in certain markets (including the USA). Needless to say, optional incidental fees and personal consumption are almost never included, for example, parking charges, minibar charges, phone calls, room service, food & beverage, gala dinners, movie rentals, internet, etc. During certain high season periods, certain accommodations will add on a compulsory gala dinner (e.g. for New Year, Christmas, etc.). This might or might not be included in the room rate, but will be displayed on the booking form. Please check the “accommodation information”, “booking conditions”, “cancellation policy” or similar wording on the website.

Transportation Fees

  • For certain accommodations, a compulsory transportation or transfer fee will be charged on top of the room rate at the request of the accommodation, or at your request where available. This is especially common for island destinations (e.g. the Maldives) where you need Accommodation transportation to reach the accommodation. Please note that Msafiri does not organize any transportation: This is always organized and offered by or on behalf of the accommodation, which is responsible for such transportation services, not Msafiri. Msafiri does not assume any liability for the quality, safety, frequency or service levels of such transportation services.
  • When in doubt about whether a service is included, you can always contact the accommodation directly or through our customer support team.

'Pay now' or 'Pay later'

  • To offer more choice and better flexibility for your convenience, some rooms have different options for when the payment of the booking is made, referred to as ‘pay now’ or ‘pay later’. Sometimes you will be offered only one of the options, meaning that this accommodation offers certain rates based on whether it is pay now or pay later. The ‘Pay later’ option is available on the Msafiri websites and the Msafiri app.

'Book now, pay now'

  • If you have selected the “book now, pay now” option, the total amount of the booking will be charged immediately at the time of the booking in the website currency. Please make sure that your card is working and have sufficient funds in order to complete the booking. Msafiri vouchers can be redeemed only with “pay now” options.

'Book now, pay later'

  • Upon completion of your booking for a pay-later hotel, your booking is secured with the hotel. In order to confirm your booking, you must complete full payment of the booking amount before the due date specified on your confirmation email and on the booking page. Payments can be processed via the link in your email, on the web, through the app or directly through our call center via credit card or debit card or Mpesa.

Currency Conversion

  • Based on the web or app country selected, you will be charged in the local currency of the respective country.
  • Msafiri.co payments are in Kenya Shillings
  • Any currency that does not correspond to the local currency of the point of sale is for display purposes only. You will be charged in the local currency above. However, should you decide to pay with a credit card from a foreign bank institute, additional charges may apply, according to your bank’s policy

PACKAGES

Packages Terms & Conditions

  1. Cancellations can be requested by contacting our Customer Support Team at +254 20 7866773.
  2. Cancellations are accepted up to 7 days prior to departure.
  3. The flight part & insurance for the holiday package is not refundable after the booking is paid and confirmed.
  4. Land services (Hotel, Transfers, Tours, Excursions):
    -fully refundable up to 14 days prior to the departure date.
    -subject to a fee of 50% of the total amount from 7 to 14 days prior to the departure date.
    -subject to a fee of 100% of the total amount from less than 7 days prior to the departure date.
    -subject to a fee of 100% of the total amount in case of no show and early departure
  5. Rates are subject to availability at the time of booking.
  6. Flight times may result in you arriving early to or departing late from your hotel. Our travel consultants will let you know flight times when you book so you can make suitable arrangements.
  7. Msafiri reserves the right to modify or change the hotel in your reservation to another hotel from the same category in any force major cases (overbooking, blackout dates).
  8. All flights are subject to the airline’s conditions of carriage.
  9. Msafiri does not take any responsibility for the VISA services for this package. The customer needs to ensure that he/she is carrying relevant immigration documents on his/her own.

Modification of Terms

  • Msafiri Relier tries to ensure that the information contained on the website is as accurate as possible. However, inaccuracies may arise from time to time. The website and/or any of its sister companies accept no responsibility for any errors in the information contained on Msafiri website.
  • This website contains information about products and services offered by Msafiri and/or other third party. The information and any other content on the website are provided in good credence. By using the website, you agree and acknowledge that the website may update, change or amend the Terms and Conditions, Policies and/or other information provided on the website at any time without prior notice. Amendment in terms and conditions will become effective once posted on the website and will not have any retrospective effect on existing contractual agreements made through the website. You should read these terms and conditions every time you visit the website to ensure that you are aware of all the relevant terms and conditions. Accordingly, your continued access and use of the website after any change is deemed to be your acceptance of the modified terms and conditions.

Value added tax (VAT)

Value added tax (VAT)

Value-added tax (VAT) is a tax on the consumption or use of goods and services levied at the point of sale. This form of indirect tax is applicable on selected products and services that can be purchased on our website, as per Kenyan law.