Terms of Service and Conditions

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Terms of Service and Conditions

Effective Date: December, 2025

1. Introduction and Binding Agreement

These Terms of Service and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "Traveler," or "Corporate Partner") and Tengela Wilderness ("Tengela," "we," or "us"). By accessing our website, executing a Service Agreement, or paying a deposit for any service, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms.

2. Scope of Services and Agency Disclaimer

A. Travel Agency Role

Tengela Wilderness acts solely as a sales agent for disclosed third-party service providers (including airlines, lodges, safari operators, and transfer companies). We do not own, manage, or operate these third-party services. We accept no liability for the acts, errors, omissions, warranties, or negligence of any such third-party suppliers or for any personal injuries, property damage, or other damages or expenses resulting therefrom.

B. Consultancy and Management Services

All hospitality management and consultancy services are governed exclusively by a separate, specific, and legally binding Written Service Agreement. In the event of any conflict between these general Terms and the specific Service Agreement, the provisions of the Written Service Agreement shall prevail.

3. Financial Terms and Irrevocability

A. Deposit, Payment, and Acceptance

A non-refundable deposit of 40% is required to secure any booking or commence preliminary consultancy work. Final payment for travel services is due no less than 60 days prior to departure. Failure to remit final payment by the deadline constitutes a cancellation by the Client, resulting in the forfeiture of all deposits and payments made.

B. Cancellation and Forfeiture Policy

All cancellations must be submitted in writing and are subject to the following penalties, effective from the date written notice is received by Tengela:

Timeframe Before Commencement

90+ Days

Penalty Applied

Forfeiture of Non-Refundable Deposit

Timeframe Before Commencement

60-89 Days

Penalty Applied

50% of Total Booking Cost Forfeited

Timeframe Before Commencement

0-59 Days

Penalty Applied

100% of Total Booking Cost Forfeited

C. Price Changes and Exchange Rates

Prices are based on prevailing costs, taxes, and currency exchange rates at the time of quotation. We reserve the absolute right to impose surcharges or increase prices after booking confirmation due to unavoidable cost increases, including sudden tax hikes, park fee increases, or significant currency fluctuations.

4. Mandatory Insurance, Assumption of Risk, and Liability Waiver

A. Mandatory Travel Insurance

Adequate travel insurance is compulsory for all travelers. This insurance must include comprehensive coverage for medical emergencies, evacuation/repatriation, and cancellation/interruption. Failure to provide proof of valid insurance, including evacuation coverage for the wilderness areas specified, will result in denial of travel serviceswith no refund.

B. Assumption of Inherent Risk (Wilderness Travel)

The Client acknowledges that wilderness and adventure travel, particularly safari and remote excursions, involves inherent and significant risks that cannot be eliminated. These risks include, but are not limited to:

• Encounters      with wild animals, including potentially dangerous wildlife.
• Risks      associated with remote locations, lack of immediate medical care, and      difficult evacuation.
• Risks      related to transport, including small aircraft flights, rough terrain      driving, and boating.
• Risks      related to physical exertion, weather extremes, and political instability.

The Client expressly assumes all such risks and agrees that participation is entirely at their own risk.

C. Waiver of Liability

To the maximum extent permitted by law, the Client agrees to release, waive, discharge, and covenant not to sue Tengela Wilderness, its officers, directors, employees, agents, and representatives from any and all claims, demands, losses, damages, injuries, or death, including those caused by the negligence of Tengela Wilderness, arising out of or in any way connected with the services provided.

5. Force Majeure and Unforeseen Circumstances

Tengela Wilderness is not liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: acts of God, war, terrorism, government restrictions, pandemics, border closures, strikes, or natural disasters (Force Majeure).

If services are cancelled or interrupted due to Force Majeure:

1. Tengela      Wilderness will attempt to recover recoverable funds from third-party      suppliers.
2. No refunds are guaranteed beyond the amounts recovered from suppliers.
3. Any amounts held by suppliers or Tengela Wilderness may be applied as a future      travel credit at our sole discretion.

6. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of East Africa. The Client agrees that any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts of Nairobi. The parties expressly waive any right to trial by jury.

Tengela Wilderness

• Email: info@tengelawilderness.com

• Phone: +254 720 407 778