Silverbird Travel plus Ltd d/b/a UNIGLOBE Silverbird travel, its employees, shareholders, directors (collectively “Silverbird”) does not own or operate any entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, hotel facilities, airlines, including, without limitation, various entities which may be affiliated with Silverbird and/or which may utilize the Silverbird name, guides, food service providers, equipment suppliers, etc.
In addition, Silverbird is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control.
Without limitation Silverbird is not liable for any direct, indirect consequential, or incidental damage, injury, death, loss, accident, delay, or irregularity of any kind which may be have occasioned by the reason of any act or omission beyond its control, including, without limitation any willful or negligent or failure to act on breach of contract of any third party such as airline, train, hotel, local ground handler or safari operator whether or not is affiliated with Silverbird or uses the Silverbird name, and/or restaurant which is, to, or does supply any goods or services for this trip.
Similarly, Silverbird is not responsible for any loss, damage, injury, death or inconvenience due to delay or changes of schedule, overbooking of accommodation, default of any third party, attacks by animals, sickness, the lack the appropriate medical care, evacuation to same, if necessary, weather, strikes, acts of God or government, acts of terrorism, force majeure, war, quarantine, criminal activity, or any other cause beyond its control.
Baggage is at “owner’s risk” throughout the tour unless insured. The right is reserved to alter or cancel itinerary, at Silverbird’s sole discretion, as maybe deemed necessary or advisable. Silverbird reserves the right to decline to retain any passenger on any of its tours if, in its sole discretion, it deems retaining any such passenger as being detrimental to the tour. Safari arrangements are based on rates which are only guaranteed by advance deposit payment. In the absence of any advance deposit, there is no guarantee of availability and rates may vary accordingly.
All schedule airline flights are occasionally subject to overbooking or cancellation. If this occurs, Silverbird and/or its agents will use their best efforts to assist clients in boarding flights or finding alternative arrangement. Silverbird, however, cannot be held responsible for denied boarding, or any cost incurred.
Changes in the Responsibility clause can be made only in writing signed by an officer of Silverbird.
Any and all disputes concerning this contract, the brochure or your trip shall be resolved solely and exclusively by binding arbitration according to the current rules of the Kenya Arbitration Association in Nairobi, and any such arbitration, the substantive law of Kenya will apply.