General Terms and Conditions

ARTICLE 1 - INTRODUCTORY CONDITION

In the present travel conditions the following are taken to mean:

1. travel agreement: the agreement whereby Kichaos Tanzania Safaris undertakes to the other party to provide a package tour organised in advance by Kichaos Tanzania Safaris which comprises one night stay or a period of more than 24 hours together with two of the following services:

1. transport;

2. accommodation;

3. one other service which is unconnected with transport or accommodation tourist services, forming a significant part of the trip.

2. tourist;

a. the other party of Kichaos Tanzania Safaris, or

b. the person on behalf of whom the trip was agreed and who has accepted such condition, or

c. the person from whom the legal relationship to Kichaos Tanzania Safaris has been transferred in accordance with article 8 of the present conditions.

3. The travel conditions are applicable to all travel agreements of Kichaos Tanzania Safaris together with all agreements made regarding flights.

4. The amounts stated in these conditions include value added tax where applicable.

ARTICLE 2 - REALISATION AND SUBJECT MATTER OF THE AGREEMENT

1. The agreement is realised on the acceptance by the tourist of the offer made by Kichaos Tanzania Safaris. Once the agreement has been made the tourist is to receive a confirmation of such in writing or by electronic means.

2. The tourist is to make available to Kichaos Tanzania Safaris prior to or not later than the making of the agreement all details which may be of importance regarding himself and the tourists indicated by him. At the same time he is to state the particulars regarding the nature or composition of the group of tourists registered by him which may be of importance for the good execution of the trip with Kichaos Tanzania Safaris.

3. Should he be remiss in such obligation to give information and that this has consequences for the tourist(s) of him/them being excluded by Kichaos Tanzania Safaris from (further) participation in the trip in accordance with that determined in article 15 paragraph 2, the charges referred to in that article are chargeable to him.

4. The person who enters into an agreement on behalf of or for another is jointly and severally liable for all obligations arising from such agreement. All transactions (including payments) between the tourist(s) on the one hand and Kichaos Tanzania Safaris on the other are to be made exclusively by the applicant. The (other) tourist(s) is (are) responsible for the own portion.

5. The contents of the trip offered are to be determined by the details as stated in the description of the tour.

6. Deviations or additions to the tour offered by Kichaos Tanzania Safaris may be requested on medical grounds (medical requirements). Kichaos Tanzania Safaris is to undertake reasonable steps to make such possible, unless such cannot reasonably be required of us. Medical requirements require the express written agreement of Kichaos Tanzania Safaris. Kichaos Tanzania Safaris is entitled to make the following charges in such a case:

a. the organisation charges connected with the deviation or addition;

b. communication charges;

c. any extra costs which may be involved for the service providers in the realisation of the tour.

7. Should transport be included in tours the duration of the tour is stated in days in the publication, being the days of departure and arrival, irrespective of the time of departure and arrival stated in the tour documents. These times are final. Kichaos Tanzania Safaris may only deviate from such times for legal reasons and within reasonable limits.

8. Kichaos Tanzania Safaris is not responsible for photographs, folders and other information material.

ARTICLE 3 - PAYMENT

1. A payment is due on the realisation of the agreement that is equal to 15% of the total agreed cost of the tour increased by the premium for the travel insurance and/or cancellation insurance.

2. The remainder of the cost of the tour is to be in the possession of Kichaos Tanzania Safaris not later than eight weeks prior to the date of departure. On payment not being made on time the tourist is in default. He is then informed in writing of the same by or on behalf of Kichaos Tanzania Safaris and then still has the opportunity to pay the amount due within 7 working days. Should payment still be not forthcoming the agreement is considered to be cancelled on the day of the omission. Kichaos Tanzania Safaris is entitled to charge the costs of the cancellation. In such a case the stipulations of article 9 apply and the cancellation costs are settled with the monies already paid.

3. The entire costs of the tour are to be paid immediately should the agreement be made within eight weeks of the date of departure.

ARTICLE 4 - COST OF THE TOUR

1. The cost of the tour published applies per person unless indicated otherwise. This includes the services and facilities stated in the description of the tour.

2. The cost of the tour published is based on the prices, exchange rates, levies and taxes as known to Kichaos Tanzania Safaris at the time of the printing of the publication.

3. For as long as the costs of the tour have not been deposited Kichaos Tanzania Safaris is entitled to increase the cost of the tour up to 20 days before the commencement of the tour in connection with alterations in the cost of transport, the levies due and the exchange rates then applicable. Kichaos Tanzania Safaris is to indicate in such a case the manner in which the increase has been calculated. The alterations referred to are also to be a reason for a decrease in the cost of the tour unless this cannot reasonably be required of the tour operator in view of the costs involved.

4. On the payment of the entire cost of the tour being made on time Kichaos Tanzania Safaris will not alter the cost of the tour within a period of eight weeks prior to the date of departure.

ARTICLE 5 - INFORMATION

1. The tourist is to receive general information from Kichaos Tanzania Safaris regarding passports, visas and any formalities in the area of health on the realisation of the agreement. The tourist is to gather the necessary extra information himself from the authorities involved and is also to ensure before departure that nothing has been altered meanwhile.

2. Should the tourist be unable to make the tour (as a whole) due to the lack of any document, this is for his own account together with all other consequences, unless Kichaos Tanzania Safaris has promised to take care of such document and that the lack thereof is to be attributed to Kichaos Tanzania Safaris.

3. The tourist is himself responsible for his possession of the necessary documents, such as a passport satisfactory to all validity requirements, or, where permissible, an identity card and any visas required, proof of inoculation and vaccination, driving licence and an International Motor Insurance Card.

ARTICLE 6 - TRAVEL DOCUMENTS

The required travel documents are to be made available to the tourist not later than 10 days prior to the date of departure, unless this period is to be exceeded for legitimate reasons.

ARTICLE 7 - CHANGES MADE BY THE TOURIST

1. The tourist may alter the travel agreement until six weeks prior to departure. Kichaos Tanzania Safaris will introduce such changes as far as possible and in that case is to confirm such in writing. The charges for such alteration amount to € 50 per reservation, increased by all extra communication charges which have to be made.

2. The decision is to be reached as quickly as possible. All refusals are to be supported by reasons and the tourist is to be advised of such without delay. The tourist is permitted to maintain the original agreement or to cancel the same. In the case of the latter, article 9 is to apply. Should no reaction be received from the tourist on the dismissal of his request, the original agreement is to be executed.

3. Changes to the date of departure or a reduction in the number of paying passengers may be regarded as a (partial) cancellation to which article 9 applies. In that case no costs of alteration or communication are payable.

ARTICLE 8 - REPLACEMENTS

1. The tourist may have himself replaced by another in good time before the commencement of the trip. The following conditions apply in such a case:

a. the other person meets all the conditions attached to the agreement;

b. the request is to be submitted not later than 7 days before departure, or at such a time that the necessary actions and formalities may yet be undertaken;

c. with the proviso that the airline company accepts the change to the name;

d. the conditions of the service personnel involved in the implementation do not object to such replacement.

2. The applicant, the tourist and the person who replaces him are jointly and severally liable to Kichaos Tanzania Safaris for payment of that part of the cost of the tour not yet paid, as well as the alteration and communication charges referred to in article 7 paragraph 1 and any extra charges involved in the replacement.

ARTICLE 9 - CANCELLATION BY THE TOURIST

1. Should an agreement be cancelled the tourist is responsible for the following cancellation charges in addition to any reservation charges due:

a. on cancellation up to 56 days prior to departure: the down payment;

b. on cancellation from the 56^th day to the 45^th day inclusive prior to departure: 35% of the cost of the tour;

c. on cancellation from the 45^th day to the 21^st day inclusive prior to departure: 50% of the cost of the tour;

d. on cancellation from the 20^th day to the 9^th day inclusive prior to departure: 75% of the cost of the tour;

e. on cancellation from 9 days prior to departure until the day of departure itself: 100% of the cost of the tour.

2. Should the transport be carried out by regular services or special services be made available such as car rental, different cancellation costs may be valid for such transport or special services. These are to be made known to the tourist in advance.

3. The cancellation charges referred to in the present article are not to exceed the total cost of the tour.

4. Article 8 applies in the case of no cancellation taking place but the tourist opting for an alternative arrangement.

5. The prices of Kichaos Tanzania Safaris depend on the number of persons taking part in the tour. On the cancellation of the agreement by one or more tourists, the tourists remaining will have to pay the costs as these are calculated by Kichaos Tanzania Safaris.

6. Any cancellation by a tourist can only be dealt with on workdays and during office hours. Any cancellation outside office hours will be dealt with on the workday next following.

7. Should negative travel advice be issued by the Ministry of Foreign Affairs and your date of departure is planned within 30 days of such, cancellation is then without charge.

ARTICLE 10 - CANCELLATION BY TANZANIA SAFARI'S

1. Kichaos Tanzania Safaris is entitled to cancel the agreement due to weighty circumstances.

2. Weighty circumstances are taken to mean circumstances which are of such a nature that any further binding of Kichaos Tanzania Safaris to the agreement cannot reasonably be demanded. In view of the adventurous nature and the circumstances locally this may mean that changes are made to the route of the tour, the tour schedule, the place of arrival and departure, the transport, and the accommodation, the times at which and sequence in which the planned excursions are carried out and the indication of a different means of transport or other accommodation.

3. The damages arising from such are for the account of the tourist should the cause of the cancellation be attributable to the tourist.

4. The damages arising from such are for the account of Kichaos Tanzania Safaris should the cause of the cancellation be attributable to Kichaos Tanzania Safaris. Whether such is the case is to be determined in accordance with article 12.

5. Should the reason for the cancellation not be attributable to the tourist nor to Kichaos Tanzania Safaris, the parties are to be responsible for their own losses as explained further in article 13.

6. Should Kichaos Tanzania Safaris have monetary profit from such cancellation the tourist is entitled to his portion of such saving.

ARTICLE 11 - ALTERATION BY KICHAOS TANZANIA SAFARIS

1. a. Kichaos Tanzania Safaris is entitled to alter the services agreed due to weighty circumstances as described further in article 10 paragraph 2. The tourist is to be informed of such within 72 hours (3 working days) subsequent to Kichaos Tanzania Safaris being informed of the changes. From 10 days prior to departure the tourist is to be informed of such circumstances within 24 hours (1 working day).

b. Should the alteration concern one or more substantial points the tourist is at liberty to reject such alteration(s). This may only take place should this form more than scant disadvantage to him.

c. Should Kichaos Tanzania Safaris save money due to the alteration the tourist is entitled to his portion of such saving.

2. a. In the case of alteration Kichaos Tanzania Safaris is to make the tourist an alternative offer where possible. This is to be made with 72 hours (3 working days). A period of 24 hours (1 working day) applies from 10 days prior to departure.

b. The alternative offer is to be at least equal to the original, the nature of the tour being maintained as far as possible.

3. a. The tourist who takes advantage of his right to refuse the alteration or alternative offer is to make such known within 72 hours (3 working days) of the receipt of the notification of the alteration or of the alternative offer. A period of 24 hours (1 working day) applies from 10 days prior to departure.

b. In such a case Kichaos Tanzania Safaris is entitled to cancel the agreement with immediate effect. This right is to be made use of, on pain of dissolution of such right, within 72 hours (3 working days) of the receipt of the refusal by the tourist. A period of 24 hours (1 working day) applies from 10 days prior to departure. The tourist then has the right to cancellation or remission of the cost of the tour (or, should the tour have been taken part to some extent, to the repayment of an equal portion of such) within 2 weeks, without prejudice to any possible right to compensation.

4. a. Should the cause of the alteration be attributable to Kichaos Tanzania Safaris any damage hereby arising for the tourist is for the account of Kichaos Tanzania Safaris. Whether such is the case is to be determined according to article 12.

b. Should the cause of the alteration be attributable to the tourist, the damages arising are for the account of the tourist.

c. Should the reason for the cancellation not be attributable to the tourist nor to Kichaos Tanzania Safaris, the parties are each to be responsible for their own losses as explained further in article 13.

5. Should a significant part of the services to which the agreement applies not have been able to be made available after the commencement of the agreed tour Kichaos Tanzania Safaris is to ensure that suitable alternative regulations are made with a view to the continuation of the tour. See article 13 for the costs involved.

ARTICLE 12 - LIABILITY AND CIRCUMSTANCES BEYOND ONE'S CONTROL

1. Without prejudice to that determined in articles 10 and 11 Kichaos Tanzania Safaris is obliged to execute the agreement in accordance with the expectations which the tourist may reasonably have on the basis of the agreement.

2. Should any tour not be in accordance with the expectations referred to in paragraph 1, the tourist is obliged to report the same as soon as possible to the parties concerned in accordance with article 17 paragraph 1.

3. Should the tour not take place in accordance with the expectations referred to in paragraph 1, Kichaos Tanzania Safaris is then obliged, without prejudice to that determined in articles 13, 14 and 15, to compensate for any damage unless the inadequacy in the observation of such is not attributable to it nor to the agent it made use of in the execution of the agreement, since:

a. the shortcoming in the execution of the agreement is attributable to the tourist; or

b. the shortcoming in the execution of the agreement could not have been foreseen or could not be counteracted and is attributable to a third party who was not involved in the execution of the services included in the tour; or

c. the shortcoming in the execution of the agreement is the result of a circumstance which the tour operator or the person of whose assistance it made use in the execution of the agreement could not have foreseen the same or remedied it in spite of the taking of all possible care; or

d. the shortcoming in the execution of the agreement was the result of circumstances beyond their control as referred to in paragraph 4 of this article.

4. Circumstances beyond one's control are taken to be abnormal and unforeseen circumstances which are independent of the will of the person invoking such and of which the consequences could not be avoided in spite of all precautions taken.

5. Kichaos Tanzania Safaris is responsible for a proper execution of the travel agreement. Tanzania Safari's and the agent concerned are not responsible for:

a. damage arising from the shortcomings in the execution of the travel agreement based on circumstances which are attributable to the tourist, including damage which is a consequence of the health and physical condition of the tourist, damage arising from circumstances which are not to be attributed to Kichaos Tanzania Safaris, or which may not reasonably be attributed to Kichaos Tanzania Safaris by virtue of the law or due to generally accepted standards.

b. delays and/or damage suffered due to altered flight schedules or departure times, acts of war, strikes, political circumstances, mechanical breakdown, natural disasters or other causes where there is a question of circumstances beyond one's control or of which the consequences could not reasonably be avoided;

c. theft, loss or damage to personal property;

d. the possession by participants of substances and goods which are prohibited according to the laws of The Netherlands or of the host country;

e. the activity by participants in contravention with the laws and customs of the country in which a person is travelling;.

f. errors made by airline companies;

g. any damage which is covered by the travel or cancellation insurance;

h. the participation in expeditions, adventurous safaris and activities. These are not without danger and are therefore at personal risk. Kichaos Tanzania Safaris and the agent are not responsible for personal accidents or illnesses resulting from the participation in such Safari's/activities.

6. The liability for all other damage (for example the lack of enjoyment of the tour, company damage) is never to amount per tourist to more than the cost of the tour per person. On the signature of the tour schedule the tourist declares that he is aware of the special nature of the destination chosen and waives compensation for damages arising from the lack of enjoyment of the tour/immaterial damage resulting from circumstances not attributable to Kichaos Tanzania Safaris/ the agent such as delays, transfers, necessary changes in the route or changes as referred to in article 11, paragraph 1.

ARTIKEL 13 - HELP AND ASSISTANCE

1.a. Kichaos Tanzania Safaris is obliged to grant help and assistance to the tourist according to the circumstances, should the tour not take place according to the expectations which the person might have reasonably expected based on the agreement. The costs arising from such are for the account of Kichaos Tanzania Safaris should the shortcoming in the agreement be attributable to such in accordance with article 12 paragraph 3.

b. Should the cause be attributable to the tourist the help and assistance of Kichaos Tanzania Safaris is only obligatory to the extent that such can reasonably be required of it. The costs are for the account of the tourist in such a case.

2. Should the tour not take place according to expectations which the tourist reasonably had based on the agreement due to circumstances which were neither attributable to the tourist nor to Kichaos Tanzania Safaris, each party is to be responsible for the own damage. For Kichaos Tanzania Safaris this may include the deployment of additional personnel: for the tourist this may include accommodation expenses and repatriation costs.

ARTICLE 14 - EXCLUSION AND LIMITATIONS TO THE LIABILITY OF KICHAOS TANZANIA SAFARIS

1. In the case of a service included in the tour being subject to a Treaty that permits or allows exclusion or limitation of the liability of a service provider, the liability of Kichaos Tanzania Safaris will be excluded or limited accordingly.

2. Neither is Kichaos Tanzania Safaris liable if and to the extent that the tourist has been able to claim damages from insurance, such as for example a travel or cancellation costs insurance.

3. The liability of Kichaos Tanzania Safaris for damage resulting from the lack of enjoyment of the tour should never amount per tourist to more than the cost of the tour per tourist.

4. The liability in the case of physical injury, or decease should never be in excess of three times the cost of the tour per tourist.

5. The exclusions and/or limitations of the liability of the travel agent included in this article also apply to the staff of Kichaos Tanzania Safaris and the service providers concerned, together with their personnel, unless the Treaty of the law excludes such.

ARTICLE 15 - OBLIGATIONS OF THE TOURIST

1. The tourist(s) is/are obliged to observe all the indications of the tour operator to ensure a good realisation of the tour and is/are responsible for any damage caused by their improper behaviour, to be assessed in accordance with the generally accepted behaviour of a decent tourist. The tourist(s) are to observe the arrangements regarding the time and place of parts of the tour. The consequences of the non-observation of these arrangements are for the participant's account.

2. The tourist who causes or may cause such trouble or nuisance that a good conduct of the tour is made more difficult or could be made more difficult to a great degree, may be excluded from the tour by Kichaos Tanzania Safaris. All the costs arising from such are for the account of the tourist.

ARTICLE 16 - INTEREST AND COLLECTION CHARGES

The tourist who has not met his monetary obligation to Kichaos Tanzania Safaris in good time is due to pay the legal interest on the amount due. In addition he is bound to the settlement of extra-judicial collection charges being 15% of the money due, unless such amount is unreasonable on taking into account the collection activities and the amount due.

ARTICLE 17 - COMPLAINTS

1. Unforeseen complaints and shortcomings are to be reported locally in writing and without delay to the agent or hotel accommodation, so as to provide them with the opportunity of remedying the matter. Should the complaint locally not be able to be solved satisfactorily the tourist may make a complaint in writing to Kichaos Tanzania Safaris not later than one month after return.

2. Any complaints which have not been made locally to the driver/guide of the hotel in writing may never subsequently result in a claim for damages.