Terms and Conditions

Introduction

All services rendered by or on behalf of SGT Company Ltd trading as ‘Ticketify ’ to the Client/s are subject to the terms and conditions set out below. Ticketify is located at NextGen Mall, Mombasa Road, Nairobi, Kenya

The following Terms and Conditions should be read and understood before confirming your travel. Do not confirm any booking unless you understand and agree with the following terms and conditions.

Ticketify Services

Ticketify does the service of providing an online flight search and booking portal, with its primary focus on the travel ('Flights’) under which the general public shall have access to the portal, be entitled to set certain travel or other service criteria based on information obtained from the internet, request quotations and be entitled to confirm bookings and place reservations relating to travel or other service requirements

For the avoidance of doubt, THE SERVICES DO NOT INCLUDE ANY ADVISORY OR CONSULTANCY SERVICES, unless you choose to speak to a Ticketify Live Agent.

Third-Party Service Providers

Ticketify provides Clients with the services either themselves or through airlines. Ticketify  ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm, or death (except if such loss or damage arises from the gross negligence or willful misconduct of Ticketify or any person acting for or controlled by Ticketify).

Please be aware that Airlines may charge extra for certain items such as; seating, special meal requests or printing printed boarding passes. This is subject to change without notice to you. It is the Client’s responsibility to familiarize themselves with such terms and conditions. The specific airline's terms and conditions may apply.

The Client and Authority

Any person(s) wishing to utilize the services, indicates their acceptance of these Terms and Conditions by proceeding with the booking on the passenger information page, before the conclusion of any transaction with Ticketify . Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD, AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of the person/Company person in whose name the ultimate reservation or booking is made (collectively referred to as 'the Client/s.

Please be advised that unless requested otherwise upon making the reservation, Ticketify  is authorized to engage with any Passenger listed in a booking, in as long as that Passenger can provide the reference number for the booking. Ticketify  accepts no responsibility for any changes made by any of the listed Passengers in a booking.

Selection of Destination

The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constituting the Booking based on information gathered from the internet. It ALSO ACKNOWLEDGES that internet Booking has been compiled and is managed and updated by the Airlines through AeroCRS and that Ticketify  has no control over information compiled by the AeroCRS. Accordingly, TICKETIFY  CANNOT AND DOES NOT GUARANTEE that the itinerary and/or any destinations will comply in whole or in part with those advertised on the internet by or on behalf of the Airlines. Any right of recourse in that regard will be against the Airlines. In addition to the above Ticketify  cannot be held liable for incorrect availability being displayed by the Airline or AeroCRS and we cannot be held liable if the seats selected are not available.

Booking Reservations & Enquiries

Once the Client has (a) completed all applicable fields to initiate an enquiry regarding a particular destination and/or other services on Ticketify’s website www.ticketify.co.ke or mobile app. Mobile Application(together, 'the Sites'), or (b) initiated such an enquiry with Ticketify  by any other means of communication including through access to the Sites, (collectively referred to as 'the Enquiry'), the Sites will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, by SMS or telephone) ('the Quote'). THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Sites or accepts the Quote by telephone or via email. Full payment of the total value of the Quote ('the Payment') is required to confirm reservations. Once the online Booking or Booking affected by Ticketify  has been completed and the Client has authorized Ticketify  to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of the Booking (‘the Booking Confirmation Form’). IN THE CASE OF AIR TICKETS, FULL PAYMENT FOR THE BOOKING NEEDS TO BE MADE AND REFLECT IN THE SYSTEMS OF

TICKETIFY  WITHIN 20 MINUTES from the time the Booking is made to guarantee the fare quoted according to the Booking Confirmation Form.

Note that all tickets carry different fare conditions as imposed by the relevant airline. The ticket you are purchasing may only be partially or non-refundable. To verify this before booking online please contact our offices.

Payments, Payment Terms & Options

The Payment is due immediately by Visa, Master, American Express, mobile payment, and must reflect in the systems of Ticketify  and respective airline 20 minutes from the time on the day that the Booking was made. If the payment is not received as stated above, Ticketify  or Airline involved RESERVES THE FULL RIGHT TO CANCEL THE BOOKING, in which event the full Payment (less any cancellation and administration fees) shall be refunded to the Client within 48 hours of the cancellation being processed. If the payment was made after the aforementioned deadline and should Ticketify  inform the Client using a revised Quote that the Booking remains available at a higher price, the Client may choose to proceed with the Booking at such higher price, in which event the Client Will Be Liable for any difference between the original Quote and much higher price, and the revised Payment must reflect in the bank account of Ticketify  before the deadline stipulated in the revised Quote to secure the Booking.

Ticketify’s Indemnity

The proposed travel arrangements are made on the EXPRESS CONDITION that Ticketify, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever.

Service Fee

These fees cover the costs incurred by Ticketify  in booking and servicing your travel reservation. We also reserve the right to charge an additional service fee for any additional services rendered, such as cancellation requests or changes to your booking.

Please be advised that service fees and products are non-refundable in case of a cancellation.

Insurance Cover

It is STRONGLY ADVISED that all Clients take out adequate insurance cover to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list). Ticketify  will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover. It shall not be obligatory upon Ticketify  to effect insurance for the Client (since this service does not fall within the scope of the Services) except upon detailed instructions given in writing by the Client. All insurance effected by Ticketify  according to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk. Ticketify  shall NOT BE OBLIGED to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which in Ticketify’s view may not be sufficient cover for international travel. The CLIENT IS ADVISED to check with their respective credit card companies to obtain the specific details of the cover offered, and determine whether this is sufficient for the Client’s requirements.

Travel Documents

Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the Client on receipt of the Payment.

Name Change Requests

Upon confirming your booking we advise you to CHECK THE SPELLING OF YOUR NAME and ensure that it is as per your passport/identity document. Should the spelling of your name not match your passport/identity document the airline may not allow you to board the plane or should you require a name change, and should it be permissible, airline penalties may apply. Please note that some airlines do not allow name changes for any reason whatsoever and may require you to buy a completely new ticket. Ticketify  accepts no liability in this regard.

Passports, Visas & Health

It is ENTIRELY THE CLIENT'S RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country, and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is STRONGLY ADVISED to check the relevant requirements for their destination and any transit countries before travelling.

Before booking any flight it is important to check if a transit visa will be required. As this differs between countries and what passport you are holding it is always best to check with the embassy of the transiting country. For example, if you are the holder of a Kenyan passport and are travelling on Singapore Airlines to Madrid via London you may require a transit visa.

Ticketify will endeavour to assist the Client if requested, but such assistance will be at Ticketify’s discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so, Ticketify IS not assuming any obligation or liability and the client Indemnifies Ticketify against any consequences of the Client’s failure to comply with any such requirements. The CLIENT has to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements.

Warning: Malaria and other tropical Diseases

Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases such as yellow fever. It is entirely the client’s responsibility to check if any parts of their itinerary fall in high-risk areas and the Client is STRONGLY ADVISED to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner and/or travel clinic well before departure.

Booking Cancellation

In the event of the Client cancelling the Booking, Ticketify or Airline involved shall have the right to either claim the amount of or retain an amount of the Payment and claim reasonable damages suffered by Ticketify, provided that Ticketify shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the booking or reservation due to the death or hospitalisation of the Client. The Principals may reserve the right to cancel any services before departure, in which event the Payment (less Ticketify’s service fee) will be refunded by the Principal to the Client without any further obligation on the part of Ticketify. Ticketify will charges a fee for processing the request for refund. Clients should refer to the “Refunds” section of these Conditions, as well as the cancellation provisions contained in the Principal’s Conditions or the Sites. Principals may charge cancellation fees over and above the cancellation fees charged by Ticketify in terms of this Condition.

Unscheduled Extensions

In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight rescheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of Ticketify, any expenses relating to such unscheduled extensions (hotel accommodation Etc.) Will be for the client’s account. The Client should confirm whether any of these expenses may be covered by travel insurance, should this be applicable, it is the Client’s responsibility to confirm the specific provisions of the travel insurance.

Law & Jurisdiction

These Conditions shall be governed by the law of Kenya and the jurisdiction of Kenyan courts will govern the relationship between the Client and Ticketify. Ticketify SHALL BE ENTITLED to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court

Special Requests

Clients who have special requests must specify such requests in writing to Ticketify at least 48 hours before their outbound flight. Whilst Ticketify will use its best endeavours to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.

Amendments of these Conditions

No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of Ticketify.

Refunds

NO REFUNDS will be considered in any circumstances whatsoever by Ticketify if the Client has not purchased the “Trip Cancellation and Refund Guarantee Product” at the time of making the booking. Ticketify will charge a fee for processing a request for refund.

Once we have established the possible refund you are entitled to, we will request it with the airline on your behalf. For flight bookings the refund will be made by the airline directly to the account the booking was originally paid with. This can take 6 to 8 weeks depending on the airline. This usually takes approximately 4 weeks.

Foreign Exchange Regulation Compliance

Foreign Exchange Regulation Compliance is exclusively the client’s responsibility. This will apply

especially when the Client instructs Ticketify to make and pay for travel arrangements on the internet.

Documents required for travelling

It is the client's exclusive responsibility to ensure that he/she has all relevant travel documents before commencing with his/her travels. For example, the Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation.

Certain airlines require the physical credit card, used to make a payment, to be presented at check-in or a copy of the credit card and the card-holders ID, also the above-mentioned documents. The requirement to have a valid passport or identity document and/or birth certificate will apply to all members of a travelling party and for each minor travelling (including infants).

Limitation of Liability

Ticketify, its officers, directors, servants or agents will under no circumstances be liable for any claim, loss, damage or injury suffered by any person whether to their person or property, howsoever caused whetheror not arising from any act, omission,default, or negligence on the part of Ticketify, unless such claim is due to the gross negligence or willful conduct of Ticketify and such claim is lodged in writing with Ticketify within 30 (thirty) days after the date on which the booking is made.

Legal Fees

If Ticketify has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and if Ticketify is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.

Confidentiality

Subject to statutory constraints or compliance with an order of the court, Ticketify undertakes to deal with all Client information of a personal nature on a strictly confidential basis

General Terms and Conditions for Online Bookings

Bookings Online

Please note that over and above the online terms and conditions as set out below (‘the Online Conditions’), all online Bookings made via the Sites are subject to the Conditions which appear above. Where there is a conflict between the two, the Conditions will prevail.

Intellectual Property

The Sites/Apps are owned by Ticketify and the domain names are registered in the name of Ticketify. All intellectual property rights in and to the aforementioned vests in Ticketify. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of Ticketify.

Copyright and Trademark Notices

All contents of the Sites are registered to ©2018 SGT company limited, NextGen Mall, Mombasa Road, Nairobi Kenya. Ticketify and the logo are trademarks (whether registered or unregistered) of Ticketify. All rights in and to any copyright or registered or unregistered trademarks of Ticketify remain strictly reserved. Other product and/or company names mentioned in the Conditions and/or the Online Conditions may be the trademarks of their respective owners.

Changes & Modifications of these Terms and Conditions

Ticketify may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with Ticketify will constitute the client’s agreement to such changes, deletions and modifications, as the case may be. The client agrees to accept and be bound BY the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.

Access and Use

The Sites are offered to the Client on condition that the client accepts, without modification, the Online Terms. By clicking “continue” on the Passenger information page, before any conclusion of any transaction on the Sites, the Client agrees to all the Online Conditions and notices.

Access to and use of the Sites are entirely at the client’s risk. Ticketify may discontinue or suspend the Sites at any time without notice, and it may block, terminate or suspend any Client's access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any Client's access is not exercised unfairly based on one or more grounds of unfair discrimination as contemplated in the Constitution of the Republic of Kenya

Personal and noncommercial Use Limitation

The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is registered to Ticketify or the Principals. Accordingly, the client unconditionally agrees not to use the Sites or its contents or information for any purpose (direct or indirect) other than conducting Enquiries and making Bookings for personal, non-commercial use, such as (for example) for reselling purposes. Whilst the client may make limited copies of its travel itinerary and related documents for travel, accommodation and/or other services purchased through the Sites, the CLIENT AGREES not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Sites. Besides, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:

  • Access, monitor or copyany content or information of the Sites using any means such as a robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Ticketify;
  • Violate the restrictions in any robot exclusion headerson the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;
  • Take any action that imposes, or may impose,in the discretion of Ticketify, an unreasonable ordisproportionately large load on the Travel Agent’s infrastructure; or
  • Deep-link to any portion of the Sites (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Ticketify.

Liability Disclaimer

The information, software, products, and services published on the Sites may include inaccuracies or typographical errors. In particular, Ticketify does not guarantee the accuracy of the airline, and other travel products displayed on the Sites (including, without limitation, photographs, lists of airlines amenities, general product descriptions, etc. Ticketify disclaims liability for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Sites are intended as only general guidelines, and Ticketify DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.

Ticketify may make improvements and/or changes on the Sites at any time, following the provisions of the clause named 'Changes & Modifications of the Online Conditions'. Ticketify makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Sites for any purpose, and the inclusion or offering for sale of any products or services on the Sites DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Ticketify. For the avoidance of doubt, the services rendered by Ticketify do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.

The Travel Agent hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS concerning the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Principals are independent contractors and not agents or employees of Ticketify or its affiliates. Affiliates include websites which click-through to the Website. Ticketify is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or any personal injuries, death, property damage, or other damages or expenses resulting thereof. Ticketify and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, [overbooking], strike, force majeure or other causes beyond their

direct control and it has NO RESPONSIBILITY for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.

In no event shall Ticketify and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Sites or with the delay or inability to use the Sites, or for any information, software, products, and services obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, strict liability or otherwise, even if Ticketify and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you

Travel Destinations

By offering travel for sale to particular international destinations on the Sites, Ticketify does NOT REPRESENT OR WARRANT that travel to such points is advisable or without risk, and is NOT LIABLE for damages or losses that may result from travel to such destinations.

It is the Passenger's responsibility to check that there are no travel bans and/or advisories in place that may impact on the booking/s. Ticketify cannot be held responsible for any booking/s made by any Passenger that contravenes any travel advisory and/or ban that may be in place at the time of making the booking/s.

Indemnification

The Client AGREES TO DEFEND AND INDEMNIFY Ticketify and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:

The Client or on the Client's behalf [over the liability described above]; or by third parties as a result of

  • The Client’s breachof the Online Conditions and notices or any other documents referenced herein;
  • The Client’s violation of any law or the rights of a third party; or
  • The Client’s use of the Sites.
  • No unlawful or prohibited Use

The Client WARRANTS UNCONDITIONALLY that the Client will not use the Sites for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of Kenyan law.

Links to other Websites

There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Ticketify and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Ticketify’s inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators. Ticketify has not tested and MAKES NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such sites. The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it. The CLIENT INDEMNIFIES Ticketify against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.

Applicable Law

Please note that the use of this Website and the Mobile App is subject to the STC and specifically subject to Kenyan law and the jurisdiction of Kenyan courts.

General             

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.

THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and Ticketify as a result of this agreement or use of the Sites.

Ticketify’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ticketify’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Sites or information provided to or gathered by Ticketify concerning such use.

If any part of this agreement is determined to be invalid or unenforceable according to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Ticketify concerning the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and Ticketify concerning the Sites.

Any rights not expressly granted to Ticketify herein remain reserved.

Communication from Sites

By making a booking on any Ticketify platform, the client agrees to receive transactional and promotional communications from the site. The client may opt-out of promotional communications at any time, however transactional communication with regards to any bookings will continue to be sent.