BOOKING TERMS AND CONDITIONS

The following terms and conditions which are subject to change without notice apply to the services offered by and rates issued by The Hildana Lodge (Tandala Ltd.) (‘the Company”) and are applicable to The Hildana Lodge, Teita Sisal Estates For any third-party services booked through the Company, their respective terms and conditions will apply.

It is a condition of making a reservation with the Company that these terms and conditions are accepted in full and non-adherence to our terms and conditions may lead to withdrawal of contract rates and release of bookings.

KENYAN LAW: It is a condition of making a reservation with the Company that the client (individual, company and other legal entity) agrees that these terms and conditions constitute a contract under Kenyan Law and the client agrees irrevocably to the exclusive jurisdiction of the Kenyan Courts and that in the event of any dispute or action of any kind against the Company that dispute or action shall be heard under Kenyan Law in the Kenyan Courts.

--- SUPPLEMENTARY CONDITIONS ---

INSURANCE

It is a requirement that all clients (including individuals, companies and other legal entities) take out appropriate comprehensive travel and medical insurance prior to the departure of clients from their country of origin, to cover themselves, as well as any dependants/travelling companions. This insurance should be arranged when the initial deposit is paid, and details of the same are provided. We also strongly recommend that clients acquire additional Covid related cover (including and over and above normal travel insurance risks) which is now available for the following:

Cancellation of their travel plans if a client develops COVID shortly in advance of travel or must self-isolate and cannot travel.
Curtailment of their travel plans if a client develops COVID during their trip or must quarantine.
Costs of medical treatments and additional accommodation costs if a client develops COVID during their trip or must quarantine.

A visit to Africa (and particularly a safari) entails an element of risk and neither the Company nor its officers and employees shall be liable in any way for any loss or damages expense or cost arising from any incident involving clients (individuals, companies, and other legal entities) that may occur whilst using any of the services provided by the Company or third parties contracted by this company. Guests will be required to sign an indemnity form on arrival and will be provided with the same when making the booking.

In the event of failure of any client (individual, company, or other legal entity) to comply with these insurance conditions and requirements or failure to organize appropriate insurance then neither the Company nor its officers or employees nor any third party contracted by this company shall be liable in any way for any financial loss, damages, expenses, or costs arising from any incident or last-minute cancellation. While every care is taken to ensure the health of our clients, the Company accepts no liability if a client contracts COVID-19, or any other illness, during their travels.

WILD ANIMALS

Clients will often come into close contact with wild animals whilst on safari with us. We ask our clients to always consult their safari guide, or camp/lodge manager before undertaking any activity that takes place in areas populated by wild animals and all clients must adhere to the directions provided by their safari guide or camp/lodge manager and at each property in our portfolio. Attacks by wild animals are rare, but no safari into the African wilderness can guarantee that this will not occur. To the extent permitted by law, neither the Company, its employees, nor its agents can be held responsible for any injury or incident on the safari.

Clients should be aware that the Company will require clients to sign indemnity forms. If clients are not willing to sign these forms, then they will not be able to take part in certain activities. This is part of the protocol issued by our government.

FARM ACTIVITY

Clients at the lodge will be on a working farm, where there are dangers associated with farm machinery, vehicles, tools, obstacles and activities, guests must understand these risks. The lodge management, staff and directors will brief guests of such risks in activities and will do everything in their power to mitigate the same. Accidents on the farm are rare, but we cannot guarantee that they will not happen. To the extent permitted by law, neither the Company, its employees, nor its agents can be held responsible for any injury or incident on the safari.

BOOKING TERMS

All provisional bookings are given an automatic expiry date (normally 2 weeks from the date the provisional booking is made). You are required to confirm the booking prior to the expiry date to avoid automatic release of the booking. If you require more time to confirm the booking, the expiry date may be extended on request.

Bookings are confirmed upon receipt of a 20% deposit of the total reservation cost. The balance is payable in full 30 days prior to arrival (or if the booking is within 45 days, immediately upon booking). If final payment is not received, then the Company is entitled to release the rooms and any other services with no further liability. In such circumstances, the deposit will not be refunded, and any reimbursement of payment received will be dealt with per the cancellation terms below:

CANCELLATION TERMS

45 days and 30 days prior to arrival: 30% of the full booking value is forfeited, and the balance will be net of bank

charges.

Less than 30 days prior to arrival and no shows: 100% of the full booking value is forfeited.

*No refund will be given for clients who join a safari but leave before its completion.

COVID ADDENDUM

Should the client’s country of residence, or Kenya close its borders due to the COVID-19 pandemic, the following ‘COVID-19 cancellation’ terms will apply:

More than 120 days prior to arrival: the 20% deposit may be held in the form of a non-refundable credit note

valid for 12 months*, alternatively the 20% deposit may be refunded, net of the admin fee of 3% of the booking value.

120 - 46 days prior to arrival: the 20% deposit will be held in the form of a non-refundable credit note valid for 12 months* from the date of issue. Any further balance to be refunded will be net of bank charges and an admin fee of 3% of the booking value.

In addition to possible country border regulations, should a client be diagnosed with COVID-19**:

(Despite clients having contracted (and recovered from) Covid-19 within 90 days preceding the date of arrival, we advise they should still travel, but with a registered practitioner's doctor's letter confirming they have recovered from Covid-19 within 90 days preceding their holiday, per the worldwide travel regulations). However, should the client decide not to travel, the following terms shall apply:

45 days - 30 days prior to arrival: 50% of the full value will be held in the form of a non-refundable credit note valid for 12 months* from the date of issue. Any further balance to be refunded will be net of bank charges and an admin fee of 3% of the booking value.
Less than 30 days prior to arrival, no shows and leaving a tour before its completion: 100% is forfeited, however, the Company will supply the client or agent with a non-refundable credit note with a validity of 12 months*, less admin fee of 3% of the booking value.

**An official doctor’s letter or PCR Covid test certificate (dated no less than 48 hours prior to departure) will be

required in order to be able to claim these amended terms.

*12-month credit notes – postponed bookings that fall within a different season, new season rates apply.

We encourage clients who are postponing their safari due to Covid related reasons to secure actual alternative travel dates at the time of notification to prevent any disappointment. Rescheduled bookings are subject to

availability.

Postponements, amendments and cancellations are only effective on receipt of written notification.

THIRD-PARTY PROPERTIES

If the Company books third party properties on behalf of the client, these bookings are accepted on the specific condition that; the Company acts only as of the reservation’s office for the third-party properties, and assumes no liability whatsoever for any injury, damage, loss, accident or delay to person or property. All reservations for these third-party properties and suppliers are also governed by their respective cancellation policies, and terms and conditions, copies of which are available at the time of reservation.

PAYMENT POLICY

All prices quoted exclude any financial transaction charges. Please ensure payments are made net of bank charges. All payments must be made in the currency in which the quotation was accepted, or as is reflected in the invoice provided. Where possible, payments should be made through Electronic or Telegraphic Bank transfer (EFT). Kindly ensure the invoice number is quoted on the transfer.

Mpesa payments are also accepted and are deposited directly into our bank account via the Pay Bill option.

The Company reserves the right to review published rates in the event of currency fluctuations or increases in

taxes/levies/charges and costs that are beyond our control.

CONSENT

The payment of the deposit (or any other partial payment for a reservation on a safari) constitutes consent by all clients covered by that payment, to all provisions of the conditions and general information contained on our website as well as these Terms and Conditions, whether the client has signed the booking form or not. The terms under which the client agrees to these safaris cannot be changed or amended except in writing signed by an authorized director of the Company.