(B) CHANGES DURING THE HOLIDAY
If we are unable to provide a significant proportion of your holiday
whilst you are away, suitable alternative arrangements will be
made for you at no extra cost or, alternatively, you will be returned
to your point of departure and given a pro-rata refund for any
part of the holiday not received. This does not apply to minor
changes in your accommodation, itinerary or transportation.
(C) CANCELLATION BY KUSHILAND
It is unlikely that we will have to make any changes to your holiday
although we reserve the right to make changes at any time. Most
of these changes are minor and we will advise you of these in
writing at the earliest possible date. When a major change is
necessary such as the alteration of your outward or return flights
by more than 12 hours or a change in the standard of accommodation,
provided it does not arise from conditions amounting to force
majeure you will have the choice of accepting the new arrangements,
taking another holiday with us or cancelling your holiday and
receiving a full refund of all monies paid. Compensation will
not be payable and no liability beyond offering the above mentioned
choices can be accepted where we are forced to make a change or
cancel as a result of unusual or unforeseen circumstances beyond
our control, the consequences of which we could not have avoided
even with all due care. No compensation will be payable and the
above mentioned options will not be available if we cancel as
a result of your failure to comply with any requirement of these
booking conditions entitling us to cancel, or if the change is
a minor one. A minor change is a change which, taking into account
the information you gives us at the time of booking or which we
can reasonably be expected to know as a tour operator; we would
not reasonably expect to have a significant effect on your confirmed
holiday. No compensation is payable for children aged 2 and under.
Please note we cannot accept any liability for any damage, loss,
expense or other sums of any description, which:
(i) On the basis of the information given to
us by you concerning your booking prior to our accepting it, we
could not have foreseen you would suffer or incur if we breached
our contract with you, or
(ii) Did not result from any breach of contract
or any other fault by ourselves or our employees, or where we
are responsible for them our suppliers.
Additionally we cannot accept liability for any sums which relate
to any business losses.
(D) FORCE MAJEURE
Compensation will not be payable in any cases where an amendment,
change or cancellation is due to ‘force majeure’,
being unusual or unforeseeable events or circumstances beyond
our control, the consequences of which neither we nor our suppliers
could avoid. These include, but are not limited to, war, threat
of war, riot, civil disturbance or strife, terrorist activity
(actual or threatened), industrial disputes, technical or maintenance
problems with transport, machinery or equipment, power failure,
natural or nuclear disaster, fire, flood, drought, adverse weather
conditions, levels of water in rivers, acts of God, closure of
airports, changes of schedules or operational decisions of transport
providers, breakout of an epidemic or pandemic disease, closure,
all congestion of airports or ports, and all similar events outside
In the circumstances amounting to force majeure we will not refund
any money to you although if we can recover any monies from our
suppliers we will refund these to you and additionally we will
offer to carry forward your booking to another time or destination.
(E) LOW BOOKINGS
Compensation is not payable if a holiday or tour does not take
place because a required minimum number of passengers to enable
the holiday or tour to take place has not been reached and you
were informed of that requirement at the time of booking.
7. PRICING ITINERARIES
The price of your itinerary will be based on known costs and exchange
rates prevailing at the date of issue of the itinerary. At any
time before a full payment of your holiday has been made KUSHILAND
reserves the right to levy a surcharge where costs or exchange
rates have changed since the date of issue of the itinerary. KUSHILAND
will absorb amounts up to 10% of the total holiday price and surcharge
any amount greater than 10%. Should the surcharge exceed 10% of
the total holiday price you are may cancel the holiday and receive
a full refund of all monies paid less Bank charges. We reserve
the right to make changes to and correct errors in advertised
prices at any time before your holiday is confirmed. We will advise
you of any errors of which we are aware and of the then applicable
price at the time of booking. Other matters influencing a surcharge
would include, but are not limited to, increases in transportation
costs e.g. fuel, scheduled air fares and any other airline surcharges,
taxes or fees payable for services such as landing taxes, or embarkation
or disembarkation fees at ports or airports.
Our Prices of itineraries includes:
• Transport and transfers as per Itinerary,
• Activities as per Itinerary.
• 3 meals on safari including mineral water 1 litre per
• National Park Conservation fees.
• Accommodation/Camping facility as per Itinerary.
• Environmental charges or community support surcharge as
part of our social responsible as responsible tour operator.
Our Prices of itineraries excludes:
• Any transfer not mentioned above.
• Any Accommodation which is not included in the itinerary.
• Any international plane fare.
• Any drinks while in the lodge/s.
• Any Laundry while in the lodge.
• Any gratuities.
• Portage Fees.
• Any telephone calls while in the lodge.
• Any tips to driver or staff.
• All extra activities offered by the lodges.
• Any service not mentioned above.
8. OUR RESPONSIBILITY
We take care to ensure that all involved in the preparation and
supply of your holiday maintain the highest standards. Please
remember that the appropriate standards will be those prevalent
in your destination, which may not be the same as developed international
a) We will pay reasonable compensation (subject
to (c) below) if the product supplied to you is not of the standard
described or contracted for by you. This compensation will be
limited (except in the case of death or injury) to no more than
twice the holiday price of the person affected.
b) Should failure in your holiday arrangements
relating to you or any member of your party being killed, injured
or becoming ill during or as a result of, carriage by aircraft,
ship, train or coach as part of the holiday arrangements organised
by us, our liability to pay compensation is limited in accordance
with the liability of the carrier/service under any international
convention which governs such services.
c) Our liability to you does not apply if you
or any member of your group is at fault; if the failure is the
fault of someone else not connected with providing the services
which form part of our holiday contract with you; the failure
is due to any unusual or unexpected circumstances beyond our control,
which we could not have avoided even if we had used all care possible,
or the failure is due to any event which we or the supplier of
any service could not help, expect or prevent.
d) Any acceptance of liability is subject to
you agreeing to assign to us your rights against any third party
responsible for the events leading to your claim and to you affording
us all necessary assistance in pursuing that claim.
If you have any complaint or problem whilst on holiday you must
inform us, our representatives or the supplier as soon as possible
to give us the maximum opportunity to rectify it. Any unresolved
complaints must be notified to us in writing within 30 days of
Carriage by air, road and sea is subject to the terms and conditions
of the carriers with whom you are travelling and to international
conventions. KUSHILAND accept no liability whatsoever for cancellations,
strikes, timetable changes, diversions, technical issues unrelated
to KUSHILAND, lost or mislaid luggage, or delays which result
from any operational decision of the carrier concerned. KUSHILAND
accepts no liability for death, injury or illness that derives
from carriage by air, road or sea.
In the unlikely event of a delay, arrangements for meals, overnight
accommodation etc, should be met by your airline. If you are joining
a group and flight delays mean that additional transfers etc.
are required to enable you to join the group, these costs must
be met by you the client and should later be re-claimed under
your insurance policy if applicable.
11. YOUR RESPONSIBILITY
You must ensure that your travel documents, passports, visas and
vaccination certificates are in order and that you ensure that
you have taken the advice of your GP with regard to inoculations.
KUSHILAND will offer general advice but cannot be held responsible
if you do not comply with current requirements before your departure.
KUSHILAND does not accept liability for any advice given of a
general nature prior to the holiday commencing. You are responsible
for a timely check in for all flights and for presenting yourself
to take up all pre-booked components of your holiday. No credit
or refund will be given to you should you fail to take up any
component of your holiday or if you lose any travel documents.
You must read all documentation that is supplied to you and ensure
that all information contained within is correct. Failure to do
so may incur amendment charges which are your responsibility.
KUSHILAND draws your attention to the fact that there are certain
inherent risks involved in all of the holidays to Africa that
we supply and these must be accepted by you at your own risk.
12. TRAVEL INSURANCE
KUSHILAND requires clients to purchase travel insurance. We can
provide details of a suitable policy. You must purchase either
this policy or a policy that offers at least comparable cover
under all sections. We reserve the right to cancel your holiday
at any time should such a policy not be taken out by you.
Copies must be given to the tour guide upon initial meeting. The
insurance must take into account the nature of the holiday and
client must specify to their insurance company if they intend
climbing, trekking, diving etc. The policy should also have repatriation
cover in the event of serious accident.
We reserve the right to cancel your holiday at any time should
such a policy not be taken out by you.
13. THE LAW
The above booking terms and conditions together with all correspondence
form part of your contract with Kushiland. And the liability is
governed by the laws of Tanzania and no other country. Any claim
would be subject only to the Tanzanian Courts.
In the unlikely event of accommodation not being available on
arrival at a hotel / campsite described and/or confirmed to the
clients, KUSHILAND undertakes to provide alternative accommodation
in a hotel / campsite of categories at least as high as those
contracted, if available.
Generally we reserve rooms based on two persons sharing a double
room. Single rooms are reserved at supplementary cost.
Children under 2 years is free and under 12 years have 50% discount
provided sharing a room with 2 adults.
All pre-booked meals will be on a table d’hote basis. Supplements
can apply for a la carte items or restaurants.
16. SPECIAL REQUEST
Whilst we will endeavour to comply with any special requests such
as airline seating, diet and room requirements, we can only do
so on a ‘goodwill’ basis. As these are usually only
provided at the discretion of the relevant supplier, we cannot
guarantee availability and cannot be held responsible if they
are not provided.
17. EXCURSIONS AND ACTIVITIES
We are only responsible for excursions and activities sold by
us and which form part of your holiday contract.
While in safari, transport is provided in 4WD vehicles. KUSHILAND
reserves the right to employ the service of sub-contractors.
19. EXEMPTION CLAUSES
We accept no responsibility for any loss or theft of any valuable
ornaments or goods left in lodge / hotel / camp.
The Company reserves the right without further notice to make
use of any photography or film taken of you, minors traveling
with you, or of any other aspects of your safari by the Outfitter
or any other Suppliers for general purposes without payment to
you and without your permission. If you make photographs of your
own available to the Company, the Company reserves the right to
make use of such photographs. By providing such photographs to
the Company, you grant the Company a perpetual, fully paid, non-exclusive,
irrevocable license to use such photographs in the Company’s
Marketing Materials or otherwise.
21. DATA PROTECTION POLICY
In order for us to process your booking we need to store and record
your information, including data as supplied. This may include
transfer of such information outside of the the company to other
parties involved in the arrangements of your holiday. Equally,
we use such information for updating our mailing lists and from
time to time you may receive travel related information from us.
Should you not wish to receive such literature you must advise
us in writing.
22. FOREIGN OFFICE ADVICE ON OVERSEAS TRAVEL
It is now assumed that foreign citizens are at risk of terrorism,
be it in their home land or when travelling overseas. History
has shown us these attacks can either be spontaneous or premeditated.
For your guidance we suggest you visit the website of your Foreign
Office. These websites are regularly updated and provides you
with country-specific information, including advice on terrorism
and general matters on health and safety.
23. Registered office
Kushiland Expeditions & Tour Safaris Ltd is registered at
Taifa Road, C.C.M Regional Building, 2nd Floor, Room No. KW 303,
P. O. Box 1377, Moshi – Kilimanjaro, Tanzania.
Registered No: 44874
Kushiland Expeditions & Tour Safaris Ltd are based at Taifa
Road, Mbuyuni – Kawawa Road, Moshi Rural – Kilimanjaro,