Terms and Conditions

1.1. Safari Duty Free (SDF) is a company registered in the Republic of Kenya with company registration number C 99444 and KRA PIN A0001231871, and has its registered office at Office Suites, 83, Parkland Street, Nairobi, Kenya.

1.2. Kenya Airways Plc is a company registered in the Republic of Kenya with company registration number 28/2005 and has its registered office at Kenya Airways Headquarters and Base, Airport North Road, Embakasi, P.O. Box 19002 — 00501, Nairobi (“KQ”).

1.3. Safari Duty Free and KQ are hereinafter jointly referred to as (“we”, “us”, or “our”).

1.4. SDF in conjunction with KQ operates the dutyfree.kenya-airways.com platform (previously called “KQDutyfree”) along with the buy-online, collect-on-board (“KQ Duty Free Shop”) service. Your use of KQ Duty Free and the KQ Duty Free Shop or any service and/or any transactions, orders or interactions that you have with us (collectively referred to as our “Services”) are subject to the terms and conditions set out below (these “Terms”). Please read these Terms and Conditions carefully and ensure that you understand them correctly. If you do not agree to be bound by these Terms, or any subsequent modification, kindly do not access, browse or otherwise use the Services.

1.5. These Terms take effect on their date of publication.

1.6. You understand, acknowledge and agree that these Terms constitute a legally binding agreement between you and us and by accessing, browsing and/or using the Services in any way, you acknowledge that you have read and agreed to be bound by these Terms unconditionally.

1.7. These Terms contain provisions which limit our exposure to legal liability and make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these Terms and are highlighted for your attention under these Terms. Important clauses which may limit our responsibility or involve some risk for you are reflected in BOLD. You must pay special attention to these clauses. Nothing in these Terms is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created in terms of any applicable law.

1.8. If there is any provision in these Terms that you do not understand, it is your responsibility to ask us to explain it to you before you use, browse or enjoy any of the Services.

1.9. If you have any comments or queries relating to any aspect of the Services, please contact us using the communication channels set out at the end of these Terms in clause 16.

2.1. To initiate a purchase request for a product on the Services, place an order at our website dutyfree.kenya-airways.com using the Kenya Airways booking reference (PNR) for the flight on which the products are to be delivered. Orders must be placed at least seventy-two (72) hours before the scheduled departure of that flight.

2.2. For the purposes of these Terms, a request is an offer to purchase initiated by you which, if accepted by us, becomes a legally binding agreement between you and us.

2.3. No request shall be deemed to be accepted by us unless and until it is confirmed in writing or telephonically by us and payment has been effected in full, with cleared funds having been received by us in terms of your preferred method of payment. We reserve the right to decline or reject any request at our sole and exclusive discretion.

2.4. You are responsible for accurately specifying the terms of your request. If due to any variation in the price of the products, the price of the product is materially different from that set out in your request, we will contact you for clarity prior to processing your order in accordance with these terms.

2.5. Purchases are limited to USD 325 (US Dollars Three Hundred & Twenty-Five only) per order and must not exceed the duty-free allowances of the customs authority at your destination, which you are responsible for observing. All products are sold for personal use only and not for resale.

2.6. Products are available for pre-purchase and delivery on selected participating flights only.

3.1. We take great care in ensuring that all product information and pricing in respect of products and items featured on the Services are accurate. However, our products are continually updated, and the images, specifications and prices are subject to periodic change. The representation of colours online may also vary from the actual product colours available. Products shown may not be to scale and we are unable to guarantee their size, dimensions or suitability. Products are propped for size and to show their usage. Unless explicitly specified, advertising props are not included with the purchase of the product.

3.2. All products are subject to availability. If your chosen products or items are not available, we will suspend your request and notify you accordingly. If we have already processed your payment, you may choose either a full refund or to receive the products when they become available again unless they are not going to come back into stock, in which case, only a refund will be available.

3.3. If all or part of your products purchased via the pre-purchase service are not delivered or your order is incomplete, then please contact us using the methods shown below in our exchanges and returns section in clause 7 below. We regret that we are unable to exchange or refund pre-purchased items while on board.

We make every effort to ensure that our pricing and product descriptions are accurate. Any typographical, clerical or other error or omission on the Services shall be subject to correction without any liability to us.

5.1. Notwithstanding clause 3.3, the price of the products will be the price set out on the dutyfree.kenya-airways.com website at the time your order is confirmed (or such price as otherwise notified to you in accordance with these Terms).

5.2. We reserve the right to change the prices displayed on the dutyfree.kenya-airways.com website at any time.

5.3. Prices for products on the website are shown in US Dollars (“USD”), British Pounds (“GBP”), Euros (“EUR) and in Kenya Shillings (“KES”); the price in the currency selected at checkout is the price payable. Products are sold duty free to travelers.

5.4. Card payments will appear on your payment card statement as “Safari Duty Free”. You may pay in US Dollars (“USD”), British Pounds (“GBP”) or Euros (“EUR”) or Kenya Shillings (“KES”). Payments are processed by Pesapal and are sent to us in USD or KES. Where you pay in a currency other than that of your card, your card issuer may convert the amount into your home currency. We have no control over the rate of exchange used by your card issuer, nor do we have any influence on any transaction fee which may be applied by your card issuer in relation to a purchase. Accordingly, you hereby indemnify and hold us harmless against any and all fees, costs, charges and/or losses that may be incurred by you pursuant to a purchase request.

6.1. Acceptable payment channels include:

• payment by any credit, debit or charge card; or
• M-Pesa, other mobile money or contactless payment methods, as offered by Pesapal at checkout.

6.2 Payment gateway details include the following;

6.2.1 Detailed description of goods and/or services

Safari Duty Free is a business in the travel retail industry that provides travel retail solutions and services.

6.2.2 Delivery policy

Subject to availability and receipt of payment, requests will be processed within 3 days (72 hours) of being placed; orders must be placed at least seventy-two (72) hours before the scheduled departure of the delivery flight, and delivery confirmed by way of confirmation email(s) and relevant flight number(s).

6.2.3 Export restriction

The offering on this website is available only to passengers holding a confirmed Kenya Airways booking (PNR) on a participating flight, for delivery on board that flight.

6.2.4 Return and Refunds policy

The provision of goods and services by Safari Duty Free is subject to availability. In cases of unavailability, Safari Duty Free will refund the client in full within 30 days. Cancellation of orders by the client will attract a possible administration fee. Please refer to Section 7 (Returns & cancellation for further information).

6.2.5 Customer Privacy policy

Safari Duty Free shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Data Protection Act, 2019 (Kenya). Further information is available in our privacy policy.

6.2.6. Payment options accepted

Payment may be made using any credit, debit or charge card (including Visa, Mastercard, American Express and Diners Club) or by M-Pesa, as offered by Pesapal at checkout. Safari Duty Free reserves the right to decline cards from certain issuing banks or card number ranges (BIN ranges).

6.2.7 Card acquiring and security

Card transactions will be acquired for Safari Duty Free via Pesapal who are the approved payment gateway for all global acquiring Banks. The payment gateway encrypts all card data using industry-standard Transport Layer Security (TLS) and is certified to the Payment Card Industry Data Security Standard (PCI DSS); no card details are stored on this website.

6.2.8 Customer details separate from card details

Customer details will be stored by Safari Duty Free separately from card details, which are entered by the client on the secure site of Pesapal.

6.2.9 Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is Kenya. Transaction currencies are US Dollars, British Pounds, Euros and Kenya Shillings; M-Pesa payments are made in Kenya Shillings.

6.2.10 Responsibility

Safari Duty Free takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

6.2.11 Country of domicile

This website is governed by the laws of the Republic of Kenya. Safari Duty Free chooses, as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Office Suites, 83, Parkland Street, Nairobi.

6.2.12 Variation

Safari Duty Free may, in its sole discretion, change this agreement or any part thereof at any time without notice.

6.2.13 Company information

This website is run by Safari Duty Free; a company registered in the Republic of Kenya with registration number C 99444.

6.2.14 Safari Duty Free contact details

Company physical address: Office Suites, 83, Parkland Street, Nairobi, Kenya

Email: info@safaridutyfree.co.ke Telephone: +254 716 666 665

6.3. When placing an order via the customer services call centre, please note the following:

• We accept all major credit, debit and charge cards, and M-Pesa;
• All payments are subject to authorisation by your card issuer or mobile money provider
• By presenting us with a payment card or details thereof, you confirm and warrant that:

i. your use of the card to pay for products specified in the request is duly authorised; and

ii. you authorise us to take payment of the full price of the products and all other amounts due, such as delivery charges.

• We may confirm any such transaction with you telephonically or by email prior to effecting payment but make no warranty or representation that we will do so.

A. Defective Products

7.1. Subject to clauses 7.5 and 7.8, we will offer refund or exchange for any defective product(s), provided that you notify us of your intention to do so within 7 days of the flight. Notification of your intention to cancel/exchange should be made to us in a clear statement to info@safaridutyfree.co.ke, or by calling +254 716 666 665.

To meet the deadline, it is sufficient for you to send your notice before the 7-day period has lapsed.

7.2. Subject to clauses 7.5 and 7.8, if the supplied products are defective or are not as described, we will:

7.2.1. Depending on whether you notify us within 7 days of receipt of the product, offer you the choice between a full refund, repair or replacement; or

7.2.2. where you notify us after 7 days of receipt of the product but within the manufacturer’s warranty period, assist you with repair or replacement under that warranty.

7.3. Please note that goods or products shall not be considered defective where a defect is due to ordinary wear and tears, wilful damage or negligence.

B. Cancellations

7.4. You may cancel your product request for any reason by notifying us in writing at least 48 hours prior to the flight. We will then either (i) refund the value of the products to your payment card or, where preferred and possible, (ii) replace the products with alternative products of equal value. This, however, will not apply to products purchased on board; products that have been personalised or customised to your order; products which deteriorate or perish rapidly; and/or products which are sealed for hygiene purposes; (including items of jewellery and earrings).

C. For returns

7.5. For returns under clauses 7.1 to 7.4 above, we must receive the products back from you:

a. within 14 days of your notification;

b. with the original receipt or delivery note;

c. with a covering letter (specifying your order number, order date, flight number and date of delivery, contact details, details of the defect (if any) and whether you require a refund/exchange/repair as may be applicable).

d. in an unused condition with the original product packaging intact.

7.6. We are not liable for returned products that are lost or damaged in transit. Proof of postage does not constitute proof of receipt by or delivery to us. You are obliged to take reasonable care to ensure that the products returned are not damaged in transit, and if appropriate, arrange suitable shipping insurance.

7.7. We will, within fourteen (14) days of the products being received by us, refund the value of the product to the same method of payment initially used along with the reasonable costs of delivery of products returned to us in the event of the product being defective due to “out of box failure”, or manufacturing defects.

7.8. We do not offer replacements for defective or unwanted fragrances in the interests of hygiene. You will be issued a full refund instead.

7.9. Pre-purchased goods cannot be replaced or exchanged on board a flight and must be returned in accordance with the returns process outlined above in clause 7.5.

8.1. Subject to clause 8.2 and to the fullest extent permitted by law, we shall not be liable for any loss or damage, whether by contract, negligence or otherwise, where the loss or damage is an indirect result of any breach of a legal duty of care owed to you by us. To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed the amounts paid by you to us in respect of the cause of action under which your applicable claim arose.

8.2. We have the right to suspend or cancel our obligations (without liability to you) in whole or in part if we are delayed or prevented from carrying on our business or any of our obligations under these Terms arising out of circumstances beyond our reasonable control.

8.3. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage (“loss”), whether direct, indirect, special or consequential, arising from a breach of a warranty which you gave to us herein.

8.4. No third party (apart from any entity within the KQ group of companies, who shall have such benefit and rights) shall have the benefit of or the right to enforce these Terms under the applicable law.

8.5. These Terms set out the entire agreement and understanding between you and us in connection with the sale of the products. You agree that you have not entered into this agreement in reliance of any representation made by us or on our behalf except insofar as contained in these Terms. To the extent possible, implied terms under the Sale of Goods Act are excluded from these Terms.

9.1. You hereby warrant that you —

9.1.1. have full representational and contractual capacity and no court has declared you mentally unfit;

9.1.2. have given us the correct information; and

9.1.3. will update all the information provided to us regularly.

9.2. You further agree that you will not use the Services to do any of the following —

9.2.1. run, rent, lease, loan, or sell access to the Services;

9.2.2. decompile or reverse engineer or attempt to access the source code of the software underlying the Services;

9.2.3. copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivative works from, display, perform, publish, distribute, redistribute or disseminate any of our intellectual property;

9.2.4. abuse, harassment, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other customers;

9.2.5. post a review or rating unless such review or rating contains your independent, honest, genuine opinion;

9.2.6. use the Services for any purpose or in any manner that is in violation of national, or international law;

9.2.7. publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, incitory, threatening or unlawful materials or information;

9.2.8. restrict or inhibit any other customer from using and enjoying the Services;

9.2.9. imply or state that any statements you make are endorsed by us, without our prior written consent;

9.2.10. reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Services, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Services in any manner, or attempt to do any of the foregoing;

9.2.11. remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us; or

9.2.12. mirror or archive any part of the Services or any content or material contained in the Services without our written permission.

10.1. A discount offer provided by us cannot be used in conjunction with any other promotion and/or offer that we may be providing from time to time.

10.2. In the event that you have purchased a product that has been offered during a promotional period and require a replacement of such a product for any reason, such a replacement product will only be of the same type, value and quantity as the product purchased during the promotional period. Should a replacement product not be available for any reason whatsoever, a full refund will be provided by us in accordance with these Terms.

10.3. Any product bought during a promotional period can be delivered upon your next flight which must occur within 90 days of offers being available on the site. For the avoidance of doubt, your flight does not have to take place during the promotion period itself, it must only take place within 90 days of the offer/promotion being made available on the Service.

These Terms and Conditions shall be subject to the laws of Kenya, and the parties agree and hereby assent to the exclusive jurisdiction of the relevant courts within of Kenya.

When you place an order on the Services, we may record and/or process your personal data for the purpose of concluding the transaction and for other related purposes as communicated to you in our privacy policy (published on the dutyfree.kenya-airways.com platform). Our privacy policy forms part of these Terms, and you must ensure that you have familiarised yourself with the provisions of same before using or browsing any of the Services. Your personal data will be used principally to provide you with the products purchased and for the enhancement of our Services to you. Our privacy policy also provides information relating to accessing, requesting and deleting a record of your personal data and includes the contact information of our privacy officer. You may alternatively email info@safaridutyfree.co.ke for more information.

We reserve the right to vary, amend or change these Terms at any time and for any purpose we deem necessary. We may do this by posting the updated terms and conditions on the dutyfree.kenya-airways.com platform. In the event that you proceed to use the Services after such notification has been posted via dutyfree.kenya-airways.com, you agree that you will be deemed to have accepted the amended terms and conditions. It is your responsibility to review these Terms regularly and to ensure that you agree with any amendments to these terms. If you do not agree with any amendments to these Terms, you may no longer use the Services.

14.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.

14.2. If any provision contained in these Terms is declared invalid, the remaining provisions herein will remain in full force and effect.

14.3. Any failure on your or our part to enforce any right in terms hereof shall not constitute a waiver of that right.

14.4. Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro-non-scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.

You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or witholding.

If you wish to complain or to reach us for any other reason, please contact our customer care services using the details below:

Email Support: info@safaridutyfree.co.ke