Terms & Conditions
MAKING A BOOKING
We will accept provisional bookings however these will be held for a maximum of ten calendar days unless an extension has been requested for in writing and has been approved in writing by Hakuna Matata Tours/Travel LLC. This extension will only be for a maximum of another ten calendar days. Bookings will be considered confirmed ONLY upon receipt of a completed booking form from the guest and a deposit of 30% of the total reservation amount has been received by Hakuna Matata Tours/Travel LLC. Please note that until a 30% deposit is received upon expiry of the provisional booking, Hakuna Matata Tours/Travel LLC has every right to release the rooms and services. All bookings are non-transferable. By sending a booking form you are entering into a contract with Hakuna Matata Tours/Travel LLC and therefore are bound by the following terms and conditions:
GUEST RESPONSIBILITY
By confirming a booking with Hakuna Matata Tours/Travel LLC, the guest takes full responsibility for the booking whether financial or otherwise on any other guests’ behalf (unless that guest fills in their OWN booking form) and confirms that the information provided to the rest of their party and to Hakuna Matata Tours/Travel LLC is true, accurate and complete.
PAYMENT
Full and final payment must be received in full and cleared funds by Hakuna Matata Tours/Travel LLC no later than 60 days before the arrival date under the booking (or if the booking is within 45 days, immediately upon booking). If final payment is not received, then Hakuna Matata Tours/Travel LLC is entitled to release the rooms and services with no further liability to it. In such circumstances the deposit will not be refunded to you and any reimbursement of payment received will be dealt with in according with the section on “Cancellation” below.
CANCELLATION
Cancellation must be made in writing via email to reservation@hakunamatataholidaysafari.com AND receipt of the cancellation must also be confirmed in writing by Hakuna Matata Tours/Travel LLC. If there is no acknowledgment of the cancellation from Hakuna Matata Tours/Travel LLC it means that your cancellation notification has not been received and is therefore not valid. We will use reasonable efforts to respond to emails on time but please ensure that you follow up on any cancellation notification. Cancellation notifications must be acknowledged by Hakuna Matata Tours/Travel LLC in writing in order to be valid. In the event of a valid cancellation notification, the following terms will apply (subject to the Disclaimer and Force Majeure clauses below included with these terms):
More than 120 days before arrival, the 30% deposit is refunded, net of bank/payment transaction/currency exchange charges and an admin fee of 5% of the booking value.
Between 120 and 46 days prior to arrival, the 30% deposit is forfeited.
Between 45 days and 30 days, 50% of the full value is forfeited, the balance will be net of bank/payment transaction/currency exchange charges.
Less than 30 days, and no shows, 100% is forfeited.
No refund will be given for guests who join a tour but leave before its completion.
CHILDREN
For the purpose of all our rates, children are aged 3 years – 15 years and 364 days. Persons aged 16 and above are considered adults. Infants (aged 0 – 2 yrs and 364 days) stay free of charge. With the exception of Giraffe Manor where children are 3 to 11 years and 364 days and persons aged 12 and above are considered adults.
INSURANCE
Hakuna Matata Tours/Travel LLC generally recommends that guests intending to go on a tour ensure that full travel and medical insurance has been taken out by that guest or on behalf of the guest. If the guest chooses to go on a tour without taking out full travel and medical insurance, Hakuna Matata Tours/Travel LLC, its employees, and agents will not be held responsible for any liability arising out of any cancellation or rebooking or any injury or incident arising during the tour.
WILD ANIMALS
Safaris in Africa entail a certain degree of risk. We advise our guests to always consult their guide before undertaking any activity that may bring them into an area populated by wild animals and all guests must adhere to the directions provided by their guide or tour leader and at each camp. Please be aware that these safaris may take guests into close contact with wild animals. Attacks by wild animals are rare, but no safari into the African wilderness can guarantee this will not occur. To the extent permitted by law, neither Hakuna Matata Tours/Travel LLC, nor its employees, nor its agents can be held responsible for any injury or incident on the safari.
RATES
Whilst Hakuna Matata Tours/Travel LLC will endeavour to adhere to those rates published on behalf of our properties, partner properties, conservancies, parks and any other services, we do reserve the right to change rates without any prior notice
COVID PROTOCOLS
To ensure the safety of our guests and team we have adhered to stringent safety procedures in every aspect of our operations including all activities and game drives. For more information on our protocols please visit our website or ask your travel consultant.
3rd PARTY SERVICES
Where there are third party services whose terms dictate additional deposits, full payment up front or balance payment earlier than 45 days to arrival, our sales consultant will alert you to this and this will be reflected on your invoice. Cancellation of bookings which include 3rd party properties may attract additional/alternative cancellation penalties in line with the 3rd parties Ts & Cs.
PHOTOGRAPHY & FILMING
Please send any filming or photography content requests for publications, commercials and brands to Hakuna Matata Tours/Travel LLC’s marketing department (reservation@hakunamatataholidaysafari.com). Hakuna Matata Tours/Travel LLC has the right to evaluate each booking request that involves filming or photography on a case-by-case basis and the right to refuse bookings to ensure that all content is aligned with the brand values.
DATA PROTECTION
Hakuna Matata Tours/Travel LLC will process the end client’s personal data in line with the principles of data protection under the Data Protection Act No. 24 of 2019 (“ the data protection principles”), and shall, where it is contractually and legally necessary to involve its authorised third parties in the processing of personal data, ensure that the third parties are equally bound to process the data in line with the data protection principles.
FORCE MAJEURE
For the purposes of these Terms and Conditions a “force majeure event” means any circumstance not within a party’s reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic that attract travel restrictions or otherwise have significant effects on travel; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom.
Except where otherwise expressly stated in these Terms and Conditions and having taken the necessary steps to meet its contractual obligations, Hakuna Matata Tours/Travel LLC shall not accept liability or pay any refund or compensation where the performance or prompt performance of our contractual obligations is prevented or affected by the agent or where the guest otherwise suffers any damage or loss as a result of a force majeure event.
Where a force majeure event occurs which renders a tour impossible, illegal, or inadvisable, a guest may be entitled to cancellation of their tour/booking subject to the following terms (to the extent applicable):
More than 120 days before arrival, the 30% deposit is refunded, net of bank/payment transaction/currency exchange charges and an admin fee of 5% of the booking value (applicable to both cancellations and deferments). Hakuna Matata Tours/Travel LLC will request the guest to consider acceptance of a non-refundable credit note valid for 24 months from the date of issue, acceptance of which will be at the guest’s discretion. The specific terms and conditions of the travel credit will be outlined in the travel credit note issued.
Between 120 and 46 days prior to arrival, the 30% deposit will be held in the form of a non-refundable credit note valid for 24 months from the date of issue. Any further balance to be refunded will be net of bank/payment transaction/currency exchange charges.
Between 45 days and 30 days, 50% of the full value will be held in the form of a non-refundable credit note valid for 24 months from the date of issue. The specific terms and conditions of the travel credit will be outlined in the travel credit note issued. Any further balance to be refunded will be net of bank/payment transaction/currency exchange charges.
Less than 30 days, and no shows, leaving a tour before completion – 100% is forfeited, BUT Hakuna Matata Tours/Travel LLC will supply the guest with a non-refundable credit note with a validity of 24 months that can be used against a future booking. The specific terms and conditions of the travel credit will be outlined in the travel credit note issued.
In order for the force majeure cancellation notice to be valid, notice must be provided to Hakuna Matata Tours/Travel LLC in writing via email to reservation@hakunamatataholidaysafari.com AND receipt of the cancellation must also be confirmed in writing by Hakuna Matata Tours/Travel LLC. A credit note will only be issued where the required deposit threshold is met. Please contact Hakuna Matata Tours/Travel LLC for any queries relating to this.
In addition to the above, Hakuna Matata Tours/Travel LLC shall, subject to the Cancellation section above, have the right to itself cancel any tour or the remainder thereof or make any alteration in route, accommodation, price or other detail where force majeure event occurs. Hakuna Matata Tours/Travel LLC shall also, where possible and available, maintain its discretion to allow for a modification on the confirmed booking to such a time in the future as may be convenient to both parties.
Subject to these terms, Hakuna Matata Tours/Travel LLC may from time to time and at its sole discretion issue specific terms and conditions to apply in specific force majeure events, which will be included as an addendum to these Terms and Conditions. Notification of any variation will be provided.
Where a force majeure event occurs, we do ask that guests work with us as much as possible to find alternative travel dates. But, as a direct guest, cash refunds for COVID-19 cancellations (for example) will always be considered. If a cash refund is issued it will be minus bank/payment transaction/currency exchange charges and admin fee of 10% of the booking value. Cash refunds will be processed as quickly as possible, but please note that they will be prioritized in order of date of travel and not by cancellation date. *An official doctor’s note (verified, stamped and signed) and proof of residency will need to be supplied in order to be able to claim these amended terms.
DISCLAIMER
This agreement is made subject to and shall be governed and construed according to the laws of Kenya for East Africa Safari and Washington State for Seattle City Tours. Nothing in this agreement shall limit or exclude Hakuna Matata Tours/Travel LLC’s liability for: (a) death or personal injury caused by its direct and substantial negligence, or the direct and substantial negligence of its employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation or willful default; and (c) any matter in respect of which it would be unlawful for Hakuna Matata Tours/Travel LLC to exclude or restrict liability.
Subject to such provision and to the extent permissible under applicable law, neither Hakuna Matata Tours/Travel LLC Limited, nor any person acting for, through or on its behalf shall be liable for any loss or damage whatsoever and, without restricting the generality of the foregoing, shall not be responsible for direct, indirect or consequential loss or damage arising from any errors or omission, contained in any brochure or other literature, late or non-confirmation or acceptance of bookings occasioned by the agent or guest; or loss or damage to any property, or loss or damage caused by delays, sickness, personal injury or death (irrespective of the cause of such injury, death, loss or damage) except if such a liability or claim is as a direct and substantial result of the gross negligence or willful misconduct of Hakuna Matata Tours/Travel LLC.
Hakuna Matata Tours/Travel LLC may, at its discretion and without liability or cost to itself, at any time cancel or terminate the guest’s booking and in particular without limiting the generality of the foregoing, it shall be entitled to do so in the event of the illness or the illegal or incompatible behavior of the guest, or under any other cause permitted by these terms and who shall in such circumstances not be entitled to any refund.