KUSHILAND EXPEDITIONS & TOURS SAFARIS LTD - TERMS & CONDITIONS
   
1. CONTRACT
Your contract is with KUSHILAND EXPEDITIONS & TOURS SAFARIS Ltd (hereinafter called “KUSHILAND”, “we” or “us”). We draw your attention to the following terms and conditions, which cover all brochures and correspondence and all bookings made with us. Any contract with KUSHILAND is subject to these terms and conditions from which no person has the authority to depart. Before making a booking with us you must ensure that you have read and understood these booking conditions (raising any queries you may have with us). By asking us to confirm your booking you are liable to be regarded as having had the opportunity to do so and to have actually done so before the contract between us comes into existence.

2. BOOKING PROCEDURES
KUSHILAND offer package holiday and a tailor made holiday to suit your personal needs. A binding contract comes into existence between us when:
(a) A deposit of 50% of the quote price is received,
(b) Final & full payment of the holiday is received when the booking is made less than 8 weeks before your departure date.
(c) All payments must be free of Bank charges.
No contract will exist between the parties until such payment have been received. We require full payment to be made for your holiday 8 weeks prior to the departure date.
If final & full payment is not received 8 weeks prior to the departure date, we reserve the right to cancel your holiday and apply the cancellation charges set out in paragraph 5.
The lead booking name is liable for making full payment for all persons in the booking party and all those in the booking party agree to be bound by conditions (including anyone added or substituted at a later stage). It is the responsibility of the lead booking name responsible for making the booking to ensure all in their party are aware of and have read these terms and conditions. If you accept our quote in respect of your holiday you must make a payment of 60% of the total price of the quote within 7 days. A delay in acceptance of the quote may result in a variation of the holiday price.
Where the proposed departure date is within 8 weeks of the quote being given we require final & full payment at the time of your written acceptance of the quote.

3. MEDICAL CONDITIONS AND DISABILITIES
If you or any members of your party have any medical problem or disability which may affect your holiday, please inform us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline the booking or, if full details are not given at the time of booking, cancel when we become aware of these details.

4. DOCUMENTATION
Please carefully read your confirmation invoice, tickets and all other documentation we send you as soon as you receive them. Contact us immediately if any information appears to be incorrect as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any documentation within 7 days of our sending it out. You will be responsible for any costs and expenses involved in rectifying any inaccuracies except where we made the mistake.

5. AMENDMENDMENT AND CANCELLATION BY YOU
(A) AMENDMENT

We will do our best to assist you in altering your arrangements after booking but cannot guarantee this will be possible. If alterations can be made you will be responsible for all extra charges and costs and we reserve the right to charge a US$ 50 administration fee per person plus any applicable charges levied by our suppliers. We also reserve the right to treat any amendment less than 8 weeks prior to departure as a cancellation and apply the cancellation charges set out below.

(B) CANCELLATION
All cancellations must be made in writing by the person who made the booking and are effective on the day we receive it. As we incur substantial costs and losses on a cancellation, we will apply the following cancellation charges:-

NUMBER OF DAYS PRIOR TO DEPARTURE
CANCELLATION CHARGES AS PERCENTAGE OF TOTAL HOLIDAY PRICE WHEN CANCELLATION NOTICE IS RECEIVED
Up to 56 days
Forfeit deposit less Bank charges
55-43 Days 50% less Bank Charges
42-31 Days 75% less Bank Charges
30 Days or less 100%
The penalties are in addition to the non-refundable elements of the booking which have been contracted on your behalf and notified to you. If we are able to recover any of our losses from our suppliers, we will refund those to you subject to a reasonable administration fee. Agents or third party organisations acting on our behalf are unable to amend or change the contract or terms and conditions within it.

6. AMENDMENT AND CANCELLATION BY KUSHILAND

(A) AMENDMENTS

It is occasionally necessary for us to make changes to advertised products and services and we reserve the right to make such changes. In exceptional circumstances we may have to modify your holiday after booking. If the change is minor we will do our best to notify you in advance but are not obliged to do so and no compensation is payable. If the change is material (for example, a change of flight time by more than 12 hours, changes of destination or to a lower standard of accommodation), we will notify you as soon as practically possible and offer you the choice of:-

(i) Accepting the alternative arrangements or
(ii) Arranging an alternative holiday with us or
(iii) Cancelling your holiday.
Whichever option you choose, we will pay you compensation unless the change has been caused by force majeure or low bookings as defined below.
DAYS BEFORE DEPARTURE
COMPENSATION PER PERSON
43
Nil
42-29 $ 40
28-15
$ 50
14-0 $ 70

(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 out control.
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 day.
• 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 standards.

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.

9. COMPLAINTS
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 your departure.

10. CARRIERS
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.

14. ACCOMODATION
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.

15. MEALS
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.

18. TRANSPORTATION
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.

20. PHOTOGRAPHY
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, Tanzania.