TERMS AND CONDITIONS

A: DEFINITIONS OF TERMS

1. B. ABOUT THE BOOKING TERMS AND CONDITIONS

   1. This Booking Terms and Conditions apply to bookings from a direct-end client or agent who is booking on behalf of the client.
   2. Bookings and subsequent contracts shall be deemed to have been concluded in Arusha, Tanzania and shall be interpreted according to the laws of the United Republic of Tanzania.
   3. Kilimanjaro Tanzanite Safaris Limited reserves the rights to change the price and associated booking terms and cancellation fee and conditions at any time without any prior consent of the clients. This includes changes done because of change of government taxes and third-party services fees that greatly affect the booked trip price.

   C. OUR TERMS AND BOOKING

   1. Kilimanjaro Tanzanite Safaris Limited accepts bookings subject to the Terms and Conditions
   2. The company reserves the rights to reject any booking which violates the booking terms and conditions with or without outlining the rejection reasons to the client.

   D.  DEPOSITS AND PAYMENT

   1. A 30% deposit is required to secure a booking. This deposit forms part of the payment for the trip and shall be offset against the total amount charged to the client/agent.
   2. If the full amount is not paid less than 30 days prior to departure, the Company reserves the right to treat the booking as cancelled and the deposit shall be forfeited.
   3. Clients/Agents booking within 30 days of tour departure are required to pay the full amount immediately to secure the reservation.
   4. All bank charges are to be settled by the client or agent respectively. This includes transaction fees charged by our bank.
   5. The amount shown on the invoice is the amount that needs to reflect our actual amount charged for the trip excluding bank charges.

   E. BOOKING AMENDMENTS

   For amendments of existing bookings done by the client/ agent (e.g. departure dates, air tickets, accommodation, number of participants etc) a handling fee of 50 USD per booking applies. The handling fee will be charged in addition to the service provider fees. The client/agent will bear the additional cost caused by the amendments excluding the amendment handling fee.

   F. BOOKING PROCEDURES

   1. Submit an Online Booking via our website https://kili-tanzanitesafaris.computerwizard.top/ (Note: by submitting the booking form you also accept our Booking Terms and Conditions and our Privacy Policy).
   2. The client submitting the booking form and accepting the Booking Terms does so on behalf of himself/ herself and persons under his/her authority, and warrants that he/she has authority to enter into a contract on behalf of the other person(s) included in such a booking and in event of the failure of any or all the other persons so included to make payment, the person making the booking shall by his/her signature, thereof,  assume personal liability for the total price of all bookings made by him/her with Kilimanjaro Tanzanite Safaris Limited.
   3. On receipt of the booking form and also on confirming the program details, we will issued the full program schedule, plus the associated program costs.
   4. On confirming the program details and budget by both parties, we will send you the contract and the full invoice of which 25% of the applicable program cost must be deposited to our bank account.
   • On receipt of the 30% deposit, we will issue the next invoice and officially confirm reservation of the required safari place for you, issue a confirmation letter and send safari information, clothing lists, etc. Please ensure that you receive this information before you leave on safari.
   • The deposit will immediately be refunded if Kilimanjaro Tanzanite Safaris Limited cannot offer you the required services (Please note that reservations cannot be made without a deposit of 30% of the whole safari program cost).
   • Final payment can be effected through a bank deposit 30 days before the trip start date.
   • Kilimanjaro Tanzanite Safaris Limited reserves the right to treat the booking as cancelled if the client will not show up (?) on the 30^th day before the trip start date.
   • Late applicants, however, may join the program only if “accommodation and transport seats are available”
   • Kilimanjaro Tanzanite Safaris Limited reserve the rights to cancel or sub-contract the services to its partners without a client’s prior consent.

   G. CANCELLATIONS:

   1.      CANCELLATION POLICY:

   1. Kilimanjaro Tanzanite Safaris Limited accepts that our clients are humans and sometimes they face unforeseen circumstances that force them to postpone and/ or cancel their trips. Due to this fact, we allow our clients to cancel their confirmed trips at any time.
   2. A cancellation fee for cancellations done between 0-90 days prior to trip start date will be charged to cover any expenses incurred by Kilimanjaro Tanzanite Safaris Limited in respect to this trip arrangement. Procedures on how this fee will be charged is explained from no. G, (2), (a) (ii) 4 (1-5) below.
   3. We also extend our apology to the affected clients if Kilimanjaro Tanzanite Safaris Limited cancels any confirmed booking due to extremely unforeseen circumstances such as those mentioned in O(1) below occurring within some or all of the program areas to be visited.
   4. Cancellation insurance is compulsory for all clients expecting to obtain services from Kilimanjaro Tanzanite Safaris Limited. It is the client’s responsibility to arrange cancellation insurance. Should a client fail to join a tour after a departure or leave prior to its completion, no refund or liability will be accepted by Kilimanjaro Tanzanite Safaris Limited.

   2.      CANCELLATIONS TYPES:

   1. a) Cancellation by the Client
   1. Official Cancellation by the client by submitting the Cancellation Request via default email or website cancellation form. (Note phone call follow up is highly recommended to avoid any miscommunication)
   2. If the cancellation is initiated by the client, the following cancellation fee will apply:
   3. If cancelled within 90 days or more a processing fee of 15% of the whole program cost will be charged.
   4. If cancelled between 89 – 30 days prior to program start date, a cancellation fee of 30% of the program cost will be charged.
   5. If cancelled between 29 – 14 days prior to program start date, a cancellation fee of 50% of the program cost will be charged.
   6. If cancelled between 13 – 7 days prior to program start date, a cancellation fee of 75% of the program cost will be charged.
   7. If cancelled between 0 – 6 days prior to program start date, no refund to be made.
   1. b) Cancellation by the Company
   2. Official Cancellation by the Company by submitting the Cancellation Request via client default email.
   3. If the cancellation is done by the Company, all booking deposits will be refunded to the client in cash or via the bank account provided by the client.
   • The company may also cancel the trip because of external reasons like those mentioned  in O(1) below. If this happens the company will not be responsible for any refund due to any prior expenses incurred by the company in relation to this trip. If this happens, a client will bear the prior expenses paid to book hotels, equipment and any other prepaid cash. The company will, however, refund the balance after deducting those expenses.

   H.  CHANGE OF BOOKING BY THE CLIENT

   1. After the booking has been confirmed, should you wish to change to an earlier departure date, you may do so subject to availability by paying a transfer fee of US$25. Normal cancellation fees apply from no. G, (2), (a) (ii) 4 (1-5) above
   2. To postpone a program, a client will be required to follow the “F (1-10) Booking Procedures above”

   I. CHANGE OF BOOKING BY THE COMPANY

   1. The client is aware that the itineraries are flexible and will depend on local conditions. The Company will not accept any claims of any nature including consequential damages as a result of any accommodation or other facilities, made or becoming unavailable on tour.
   2. The client hereby indemnifies and holds the Company harmless in respect of any such claim.
   3. The Company reserves the right to cancel any tours without prior notification, In such event, all monies paid will be refunded in full which shall constitute the full extent of the Company’s liability to the client and persons under his authority. Note that full refund will not be applicable if reasons for cancellation are external as explained in G2b(iii) above

   J. BAGGAGE

   1. Baggage is restricted to 12kgs in a soft bag (this includes camera equipment and carry-on bag) due to safety and limited space.
   2. The Company can, in most cases, arrange for extra baggage to be stored or taken to the camp, lodge or hotel at an additional cost.
   3. All baggage and personal effects are at all times the client’s responsibility and the Company cannot accept liability for any loss of baggage or personal effects.

   K. TRAVEL DOCUMENTS

   1. The client acknowledges that it is his/her responsibility to ensure that he/she is in possession of the necessary valid travel documents, passport, visas, vaccination certificates, etc.
   2. Even though the Company will endeavour to assist the passenger in this regard, such assistance should be at the Company’s sole discretion. The client acknowledges that in so doing, the Company is not assuming any obligation or liability, and that nevertheless the responsibility to ensure that the aforesaid documentation is in order and complies with such lawful and other requirements to enable the client to enjoy the benefits of the tour, remains the client’s.
   3. The client acknowledges that the Company will not be held liable for a refund of the tour fare or compensation, should the client be refused entry into a country for any reason.

   L. INSURANCE

   1. The client will take with him/her comprehensive travel insurance to cover his/her personal requirements. This insurance should include cover in the respect of, but not limited to, the following eventualities: cancellation and curtailment of the safari and services booked, emergency evacuation expenses, medical expenses, repatriation expenses, damage/theft/loss of personal baggage, money and goods.
   2. Twiga Safari Company, including their representatives, employees and agents will take no responsibility for any costs, losses incurred or suffered by the guests, or guest’s dependents or traveling companions, with regards to, but not limited to, any of the above mentioned eventualities.
   • Guests will be charged directly by the relevant service providers for any emergency services they may require. Please note that credit card travel insurance is inadequate for a safari.

   M. INDEMNITY

   1. Neither Twiga Safari Company (the Company) nor any person or agent acting for, through or on behalf of the Company shall be liable for any loss or damage whatsoever arising from any cause whatsoever and without restricting the generality of the foregoing shall particularly not be responsible for loss or damage arising from any errors or omissions contained in its website, literature or information sources, loss or damage caused by delays, sickness, theft, injury or death.
   2. In addition the Company shall have the right at any time at its discretion to cancel any trip and services or the remainder thereof or make alterations in route, accommodation, price or other details and, in the event of any safari and services being rendered impossible, illegal or inadvisable by weather, strike, war, government or interference or any other cause whatsoever, the extra expenses incurred as a result thereof shall be the responsibility of passenger.
   3. The Company may at its discretion and without liability or cost to itself at any time cancel or terminate the guest’s booking and in particular without limiting the generality of the foregoing it shall be entitled to do so in the event of the illness or the illegal or incompatible behavior of the guest, who shall in such circumstances not be entitled to any refund. The client undertakes and agrees that he/she will, at all times, comply to a reasonable code of conduct during the safari and will not in any way constitute a nuisance to the other persons on tour.
   4. The client acknowledges that the services arranged by the Company, whether in civilized or remote areas by plane, vehicle, train, dugout canoe, canoe, boat, horseback, other conveyance or by foot, contain inherent risks of injury, illness, death, or loss and damage to property, which may be caused by forces of nature, accidents, wild animals, negligence of others, and other causes known or unknown.
   5. The client acknowledges that such risks may be present at any time before, during or after the tour arranged by the Company and that medical services and facilities may not be readily available during the tour.
   6. The client expressly assumes any and all risks with respect to the activities and circumstances described herein and agrees not to sue The Company on account of any losses, claims, costs, liabilities or damages.
   • The client agrees not to allege the unenforceability of these terms and conditions or part thereof. In the event of any competent authority finding that any portion of this Agreement is unenforceable, the remaining portion shall remain in full force and effect. The client agrees that the foregoing obligation shall be binding.

   N. HEALTH

   1. The client acknowledges being aware of the proposed itinerary and that it is the client’s obligation to ensure that he/she is medically fit and able to embark upon such a tour. A medical certificate is required for passengers over 65 years.
   2. The Company believes that the contents of this website are correct at the time of printing, but all prices and services are subject to change or withdrawal without notice.

   O. FACTORS OUTSIDE THE COMPANY’S CONTROL

   1. The client is aware that unforeseen circumstances due to bad road conditions, bad weather, accident, border closure, political instability, war and violence, government policies and bylaws, earthquakes and related natural disasters and catastrophes etc. are beyond the control of the Company and can delay and change the performance of the trip.
   2. The cost of flying back home, alternative accommodation, food, personal expenses and all resulting costs are to be borne by the client. The client is aware that insurance is compulsory to participate on all tours and acknowledges that it is his/her responsibility to take comprehensive travel insurance. The Company will accept no liability whatsoever.

   P. AIRLINE RESPONSIBILITY

   1. The airlines or other carriers concerned are not held responsible for any accident omission or event during the time that passengers are not on board their aircraft or conveyance.
   1. The passenger’s contract in use by the airlines concerned, or by other carriers concerned when issued shall constitute the sole contract between the airlines and/or carriers and the purchaser of these tours and/or passengers.

   Q. MARKETING AND PUBLICITY

   The Company reserves the right to use any photographs and videos taken during tours for marketing or any other advertising material. The client hereby gives consent to use such photographs and authorizes the Company to retain copyright for these photographs and such material.

   1. The company also request clients to leave a review and recommendation if any in the website URL and/ or office guest book. The company also requests the client  indicate whether personal information (names, emails, phone and comments by the client) can be used for marketing and publicity or not.

   R. BINDING CODE AND COMPLIANCE

   1. The decisions of the Company’s guide/driver on tour shall at all times be final and binding.
   2. The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited.

   S. RISK

   1. The customer accepts that all tours are of an adventurous nature and involve an element of personal risk. Neither the Company nor any of its agents can be held liable in any way for any injury, loss of life or damage to property, howsoever caused. The client hereby indemnifies the Company and will hold the Company, its agents, assigns and servants harmless from any such claim.
   2. The client accepts full responsibility for all risks involved.

   T: PRICE INCREASE

   1. All our prices are based on the current national park fees and taxes. Should the government decide on increasing fees and taxes, even if the client has booked the trip, we would subsequently have to pass on these increases to the client.

   U: CONSENT

   1. The payment of the deposit or any other partial payment for a reservation on a safari constitutes consent by all guests covered by that payment to all provisions of the conditions and general information contained in the Terms and Conditions, whether the guest has signed the booking form or not. The terms under which you agree to take a trip, cannot be changed or amended except in writing signed by an authorized member of the Company.

   V: AGE LIMITS ON SAFARIS

   1. Please consult us regarding age policies at the time of booking. If a guest lies about their age, we reserve the right to terminate the safari without compensation.