These Terms and Conditions of the Services (as they may be amended and/or updated from time to time, the “Agreement”) entered into between Unik Travels LLC doing business as Vilu Safaris (“Vilu Safaris”) whose EIN/Tax ID Number is 35-2641348 and the entity or person that accepts these terms (the “Client”).

This Agreement shall enter into force and shall be in full force from the date that occurs first between (i) the date on which the Client clicks on the Website (as such term is defined below) to accept the Agreement; (ii) the date on which you sign it by hand, (iii) the date on which you accept any Quote (as such term is defined below); or (iv) the date on which the Services begin to be rendered (the “Effective Date”). By accepting the terms and conditions of this Agreement, the Client declares and guarantees that: (a) has full legal capacity to bind himself or herself under the terms of this Agreement; (b) has read and understands the scope and obligations contained in this Agreement; and (c) accepts the content of this Agreement. If you do not have the legal capacity to enter into this Agreement or to bind the Client on its behalf, do not click accept. This Agreement, together with the quote of the Services (as such term is defined below) that Vilu Safaris sends by email to the Client at the last address provided by the latter to Vilu Safaris (as it may be amended or updated from time to time the “Quote”) governs the Services and establishes the terms and conditions for the provision of such Services.

For the purposes of this Agreement, the term “Website” means the following URL established at: www.vilusafaris.com.

1. Rendering of Services.

1.1 Object and Considerations. Subject to the terms and conditions of this Agreement and the Quote, Vilu Safaris, directly or through its employees and/or agents and/or subcontractors (in the latter case as identified in the Quote), will provide the Client with advice, consultancy and organization of tailor-made trips, design of unique and personalized itineraries for trips and experiences services, as well as monitoring and verification of the trip or experience and intermediation with suppliers for the completion of the Client’s trip (the “Services”). As part of the Services, Vilu Safaris will act as an intermediary and agent for the Client, so the Client hereby authorizes Vilu Safaris so that Vilu Safaris, through its agents, employees or commission agents, can make all necessary and/or convenient reservations and process the payments, with the resources that the Client has advanced to Vilu Safaris, to the relevant suppliers, in each case, for the consummation of the Services. For such purpose, where appropriate, the Client will provide Vilu Safaris with the necessary information to make payments and reservations, which will be protected and treated in accordance with the Vilu Safaris privacy policy (the “Privacy Policy”) published on the website www.vilusafaris.com.

1.2 Delivery of documentation for the trip. Once Vilu Safaris has concluded with the Travel Organization and Experience Services, Vilu Safaris will deliver to the Client a folder, either physical or electronic, with the itinerary of the organized trip, as well as with the data and documentation of all the reservations, flights, lodgings, activities and other components of the trip or experience, so that the Client can complete the corresponding trip or experience. Having delivered such folder to the Client, it will be understood that the Services object of this Agreement, related to such Client, have been consummated and any fee or consideration payable to Vilu Safaris must be paid to Vilu Safaris or to whom the latter indicates. Having received the folder without expressing any objection to it, no later than the next business day after it has been delivered, it is understood that the Client has approved and consented to its contents and agrees with the components of his trip by so at that time any responsibility for them is the entire responsibility of the Client.

For the purposes of this Agreement “Components”, means with respect to any trip or experience subject of the Services, any reservation, flight, accommodation, tour, transportation, service, activity, tour and/or food that Vilu Safaris has contracted on behalf and in benefit of the Client as part of the Services. Any reservation, flight, accommodation, tour, transportation, service, activity, tour and/or food that has not been contracted by Vilu Safaris on behalf and for the benefit of the Client as part of the Services, including those that the Client has contracted directly, will not be considered a “Component” for the purposes of these terms and conditions and therefore will not be subject to these terms and conditions or the Services and will be entirely the responsibility of the Client. Neither will be considered “Components” for the purposes of this Agreement, any reservation, flight, accommodation, tour, transportation, service, activity, tour and/or food that the Client has contracted or acquired directly, even if it has been based on a suggestion from Vilu Safaris.

2. Client Representations.

The Client hereby represents related to the bank accounts and cards linked to the data on them (and on the data itself), which will be provided to Vilu Safaris for the completion of the Services and to fulfill the purpose of this Agreement, that:

a. The cards linked to the data you provide are the exclusive property of the Client and that it has all the necessary authorizations and permissions to use them and to share the data linked to them and that such data transmission does not violate or contravene any contract of which the Client is part or legal provision applicable to the Client or to such cards;

b. the resources with which the Services are paid, such cards, as well as the corresponding travel or experience expenses that Vilu Safaris organizes as part of its Services come from lawful sources;

c. the Client knows and understands the risks and implications of data transmission of this nature; and

d. the bank cards linked to the data provided to Vilu Safaris for the provision of its Services, have sufficient funds to cover the costs of the travel Components.

3. Funds in the Bank Cards for the Payment of the Components; Impossibility of Payment and Identification as Cardholder. Vilu Safaris will not have any responsibility for any delay, cancellation, changes, price changes or unavailability regarding the Components of the respective trip or experience, resulting in the delay in the payment of any Component due to the lack of resources on the card of the Client or its inability to pay with it.

At the moment in which the Client delivers the data of his card so that Vilu Safaris makes the payment of the Components in his capacity as agent under this Agreement, the name on the card must match the name of the Client and with the established name in the copy of the identification that the Client provides to Vilu Safaris. In the event that the Client delivers a card without a legible name on it or does not provide an identification so that Vilu Safaris can corroborate the identity of the Client, the Client acknowledges and accepts that Vilu Safaris will not make any payment with it and will not be able to adequately provide the Services, without any responsibility for Vilu Safaris.

4. No liability in case of modifications unrelated to Vilu Safaris. The Client acknowledges that Vilu Safaris acts solely as agent and intermediary of the Client and has no control regarding the price, availability and/or the terms and conditions of the components of the trip or experience and that they do not depend at all on it since the Components are subject to their own terms and conditions, so any changes, cancellations or variations in them are not the responsibility of Vilu Safaris, and consequently, the Client hereby releases Vilu Safaris from all liability in relation to the foregoing. Vilu Safaris will only be obliged to inform the Client of any changes to the terms and conditions or prices of the components of the trip or experience, of which it is aware.

5. Modifications.

a. To the Services. Vilu Safaris may make commercially reasonable updates to the Services from time to time. In case of making a substantial change to the Services, Vilu Safaris will inform the Client at the last email address that the Client has provided to Vilu Safaris.

b. To the Agreement. Vilu Safaris may make changes to this Agreement from time to time. Unless Vilu Safaris specifies otherwise, substantial changes to the Agreement will be effective upon publication on its Website.

6. Payment terms.

6.1 Means of Payment. All payments to be made to Vilu Safaris for the provision of the Services can be made by credit card with no additional cost. For ACH Transfers or Wire Transfers, payments must be made to the following account: Choice Financial Group, 4501 23rd Avenue S, Fargo, ND 58104, a nombre de Unik Travels LLC. El routing number es 091311229 y el bank account number es 202485533639.

6.2 Billing. Once the Client pays the consideration to Vilu Safaris for the provision of the Services, Vilu Safaris will issue an invoice to the Client, which will comply with all the requirements established in the applicable tax legislation.

6.3 Taxes. (a) The Client will be responsible for any applicable Tax, and the Client shall pay Vilu Safaris for the Services without any reduction for Taxes.

7. Additional Client Obligations.

7.1 Compliance. The Client will be solely responsible for the correct use and handling of the information obtained from the Website and derived from the Services.

The Client must at no time make an unlawful use of the Services provided by Vilu Safaris, and hereby it releases Vilu Safaris to the fullest extent permitted by law from any liability incurred in the event of an unlawful act of the Client.

7.2 Privacy. The Client declares that he has read, knows and accepts the Privacy Policy that Vilu Safaris has made available to him on his website www.vilusafaris.com.

8. Term and Termination.

8.1 Term of the Agreement. The term of this Agreement will begin at the Effective Date and will continue until (i) the provision of the Services has been consummated and the Client has paid all the considerations pursuant to the terms of the Agreement or (ii) it is terminated in accordance with Section 9 of this Agreement (the “Term”), except for Clause 12 of this Agreement which will subsist beyond the Term.

9. Termination.

9.1 Termination in an Event of Default. Either party may terminate this Agreement if the other party fails to comply with the provisions of this Agreement and does not remedy such breach within thirty days after receipt of the electronic notice.

9.2 Termination by Mutual Agreement.

This Agreement may be terminated by written agreement of the parties.

9.3 Representations and Guarantees. Each of the parties represent and guarantee that: (a) they have the necessary legal capacity to enter into this Agreement; and (b) comply with all laws and regulations applicable to the use of the Services.

10. Disclaimer.

EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VILU SAFARIS SHALL OFFER NO OTHER WARRANTIES OF ANY KIND. VILU SAFARIS DOES NOT WARRANT THAT THE PROVISION OF THE SERVICES MAY BE INTERRUPTED BY CAUSES OF FORCE MAJEURE OR INCIDENTAL CASE, IN SUCH CASE VILU SAFARIS WILL HAVE NO LIABILITY FOR SUCH BREACH.

11. Limitation of Liability.

11.1 Limitation of Indirect Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VILU SAFARIS SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST INCOME OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPTIONAL, AND PUNITIVE DUE CHARGES, WHICH IS A CLOSING JOB, WHICH IS A CLIMATE, WHETHER IS ATTRIBUTE. FURTHER, VILU SAFARIS IS NOT LIABLE FOR DEFICIENCIES IN THE SERVICES PROVIDED BY THE SERVICE PROVIDERS OR PROVIDERS OF THE CORRESPONDING TRAVEL OR EXPERIENCE COMPONENTS.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VILU SAFARIS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT VILU SAFARIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE VILU SAFARIS SERVICES OR THE COMPONENTS; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICES RENDERED BY VILU SAFARIS OR THE COMPONENTS; OR (4) ANY OTHER MATTER RELATED TO VILU SAFARIS PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A VILU SAFARIS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A VILU SAFARIS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A VILU SAFARIS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

UNDER NO CIRCUMSTANCES WILL VILU SAFARIS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO VILU SAFARIS AL CONSIDERATION AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A VILU SAFARIS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A VILU SAFARIS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A VILU SAFARIS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VILU SAFARIS AND YOU.

12. Compensation.

12.1 By the Client. Unless prohibited by applicable law, the Client will defend, indemnify and hold harmless Vilu Safaris and/or its Affiliates, shareholders, employees, officers, directors and/or commissioners in and out of and against all claims, lawsuits, adverse court rulings, losses, injuries, costs, expenses, legal proceedings, and/or extrajudicial proceedings and damages, including reasonable expenses of attorneys (jointly the “Claims”), to the extent that such Claims are related to Vilu Safaris and/or the Services to be provided under this Agreement and that these are attributable to the Client.

For purposes of this Agreement, the term “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with one of the parties.

13. Miscellaneous.

13.1 Notifications. Notifications to the Client will be made at the last address or electronic address provided by the Client to Vilu Safaris. The Client hereby agrees to notify Vilu Safaris of any change of address within 3 business days of its occurrence. In case of not complying with this obligation, the notifications will be understood as valid if they are notified at the last address or email address provided by the Client to Vilu Safaris. The address and/or email address for the notifications sent to Vilu Safaris is the one published on the Website. The notification will be considered as received upon receipt, verified by written or automatic receipt or by electronic registration (as applicable).

13.2 Assignment. The Client may not assign her rights under this Agreement, nor under the Quote, except with the written consent of Vilu Safaris.

13.3 Force Majeure. Vilu Safaris will not be responsible for failures or delays in the performance of the Service to the extent that they are caused by circumstances beyond its reasonable control, or that such failures are caused by force majeure or acts of God.

13.4 Clients’ Voluntary Assistance. Clients will never be asked to assist with any tasks during the safari. Should any client decide to volunteer assistance during any part of the journey, it will be at their own responsibility and discretion, and no claims can be made directly or indirectly against Vilu Safaris or any of the contracted providers.

13.5 Severability. If any of the provisions contained in this Agreement or in the Quote is declared void by a competent court, such provision will be considered separately from the other provisions contained in this Agreement, so as not to affect the validity of the other provisions herein.

13.6 Applicable Law and Jurisdiction. For all matters relating to the interpretation and fulfillment of this Agreement, hereby the parties submit, expressly and irrevocably, to the applicable laws of Mexico, and to the jurisdiction of the competent courts of Mexico City, and resign, expressly and irrevocably, to any other jurisdiction that may correspond by virtue of their respective present or future addresses, the location of their assets or for any other reason.

13.7 Comprehensive Agreement. This Agreement together with the Quote establishes all the terms agreed between the parties and replaces all other agreements between the parties related to such topic. By entering into this Agreement, neither party has relied on it and none of the parties will have any right or recourse based on any declaration, representation or guarantee, except those expressly established in this Agreement and / or the Quote.

13.8 Contradictory Terms. If there is any conflict between the documents that make up this Agreement and the terms and conditions found on the Vilu Safaris Website, those on the Website will prevail.

13.9 Insurance. Travel insurance is not included in the price of the booking and is strongly encouraged. It is the full responsibility of the Client to book their own travel insurance. Vilu Safaris may offer some insurance options but it is the full responsibility of the Client to book the insurance.

Safari Trips Inclusion and Exclusion

Our Safari Trips Include:

• Safari duffel on journeys in East and Southern Africa.
• Porters on Climb Kilimanjaro and Uganda Gorilla trekking programs.
• Medical evacuation service, when available, including air transportation to medical care facilities, is included within Kenya, Tanzania (excluding climbing Kilimanjaro), Botswana, Zambia, and Zimbabwe. Hospitalization and medical expenses are the sole responsibility of the guest.

Our Safari Trips Do Not Include:

• Insurance; international and internal airfares, unless otherwise noted.
• Costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted.
• Excess baggage charges; gratuities to the Resident Tour Director/Extension guide/East Africa safari driver-guides.
• Meals other than those specified in the itinerary; room service (except on board Luxury Expedition Cruises); beverages other than those noted in inclusions above or specified in the itinerary.
• Sightseeing not included in the published itinerary; and personal expenses such as laundry, communication charges, Internet access for all trains; and optional activities (which are subject to availability).

Other Considerations:

HOTEL CHECK-IN

Most hotels allow check-in to take place during the midafternoon. Should you wish to have a guaranteed room ready for your immediate check-in upon arrival, it requires an additional room night to be confirmed. Please ask Vilu Safaris for details and prices. Requests for early check-in based on hotel availability cannot be guaranteed and are at the sole discretion of the hotel.

ROOM UPGRADES/SPECIAL REQUESTS

Upgrades are typically available on request at individual hotels for an additional cost. Please ask Vilu Safaris for details and prices. Specific requests such as adjacent or connecting rooms, bedding requests, smoking rooms, and special dietary needs should be advised at time of booking. Please note that reasonable efforts will be made to secure special requests; however, they cannot be guaranteed.

ITINERARIES

Vilu Safaris reserves the right to modify program itineraries, including arranged sightseeing and featured experts, and substitute accommodations, including vessels, aircraft, and trains, at any time due to unforeseen circumstances or circumstances beyond Vilu Safaris’ control. Reasonable efforts will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.

Due to the nature of Luxury Expedition Cruises, itineraries are for guidance purposes only and may be adjusted due to unforeseen circumstances including but not limited to weather, wildlife, ice, mechanical and other malfunctions, medical emergencies, and other conditions beyond Vilu Safaris’ control at the sole discretion of the Captain on board.

AIR TRANSPORTATION

International airfare (to the Journey starting point and from the ending point) is not included in program pricing. Vilu Safaris has special agreements with many air carriers and can offer quotations from any gateway. Some journeys require internal flights as specified in the itinerary. This airfare is typically not included and must be purchased from Vilu Safaris in addition to the journey. In the instance where charter flights are used and seating is limited, Vilu Safaris reserves the right to substitute and confirm air reservations on an available alternative scheduled air flight. All internal air is based on economy class seating and is 100% non-refundable at the time of final payment (some exceptions may apply). All international and internal air quotes are subject to change until final payment has been received by Vilu Safaris. Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by Vilu Safaris.

All air carriers are independent contractors and are not owned, managed, controlled, or operated by Vilu Safaris. Your airline ticket constitutes a contract between yourself and the airlines (and not Vilu Safaris), even if purchased through Vilu Safaris. Vilu Safaris shall not be liable and does not assume responsibility for, or accept claims with regard to, seat assignments, name changes, schedule changes, insufficient travel documentation, flight changes, and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.

ACTIVE ELEMENTS & FITNESS TO TRAVEL

The suppliers of some activities on Journeys may require a minimum age or minimum/maximum height or weight to participate. Some active elements have been incorporated into select itineraries. To enjoy the Journeys as intended, a minimum level of fitness is required.

By booking a Journey, Guest represents that Guest and Guest’s traveling party are physically and emotionally fit to travel and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or result in a deviation of the Journey. Any Guest with special medical, physical, or other needs requiring medical attention or special accommodation during the Journey is requested to notify Vilu Safaris in writing at the time of the booking of such special needs. Upon booking the Journey, Guests who have special needs are requested to contact Vilu Safaris at 312-680-3284 to discuss details of their special needs. Vilu Safaris recommends that any Guest who is not self-sufficient should travel with a companion who shall take responsibility for any personal assistance needed during the Journey.

For Luxury Expedition Cruise Journeys, due to ship restrictions, women who will be at least twelve (12) weeks pregnant at the start of the cruise, or any time during the sailing, will not be permitted to travel.

PASSPORTS AND VISAS

It is the Guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Guests are advised to check with the appropriate government authority to determine the necessary documents required for their travel. A valid passport is required for all citizens traveling to all international destinations. Passports must be valid for six (6) months after completion of the Journey and should also have sufficient blank visa pages for entry and exit stamps. Many destinations also require a visa; this will be indicated in your Pre-Travel Documentation. Citizens should contact the appropriate consular office for entry requirements pertaining to their journey. You may be refused boarding or disembarked from a plane, vessel, or train without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by Vilu Safaris that result from improper documentation or noncompliance with applicable regulations. Vilu Safaris shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.

PUBLIC HEALTH: COMMUNICABLE OR INFECTIOUS DISEASES

“Communicable Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. Guest agrees, understands, and acknowledges, that an inherent risk of exposure to Communicable and Infectious Diseases such as, for example, COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), exists in any public place where people are present, including a cruise ship. Extremely contagious Communicable Diseases can lead to severe illness and death. No precautions can eliminate the risk of exposure to them, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC and others worldwide, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to Communicable or Infectious Disease, such as COVID-19, includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness.

Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to any Communicable or Infectious Disease such as COVID-19, including illness, injury, or death of Guest or others. Guest acknowledges that participation in a Journey is entirely voluntary. By participating in a Journey, Guest attests that Guest is knowledgeable about his or her individual risk of developing severe illness if Guest is exposed to and/or infected with highly contagious or communicable illnesses or diseases such as COVID-19. Guest must make an informed decision about traveling and is strongly encouraged to consult with a medical provider before deciding to participate in a Journey based on Guest’s individual risk.

Guest further acknowledges and agrees to abide by, and consent to, all public health rules, regulations, mandates and safety protocols issued by Vilu Safaris and/or Public Health Authorities worldwide, including but not limited to: (a) Submission to mandatory testing at such times and frequency as required by Public Health Authorities or Vilu Safaris, which may include testing before, during and after your Journey; (b) submission to enhanced health screening for signs and symptoms of or known exposure to Communicable or Infectious Diseases such as COVID-19; (c) denial of participation due to signs and symptoms of a possible infection or known exposure to Communicable or Infectious Diseases such as COVID-19 as determined by Vilu Safaris at its sole discretion, according to technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for Communicable or Infectious Disease surveillance; (e) mandatory isolation and/or quarantine; (f) mandatory daily temperature checks; (g) mandatory use of face coverings/face masks according to Public Health Authorities’ guidelines and (h) following Vilu Safaris physical distancing requirements.

You further acknowledge that the public health rules, regulations, mandates, and safety protocols issued by Vilu Safaris and/or Public Health Authorities and/or other governing bodies are subject to change. Vilu Safaris reserves the right to change any of its health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing at its sole discretion, without notice. It is your sole responsibility to confirm any changes to any health and safety protocols that may be applicable at any destination worldwide and ensure compliance with all health and safety protocols.

It is the responsibility of the Guest to become informed about the most current travel advisories and warnings by referring to the U.S. State Department or their respective government agencies. In the event of an active State Department or government agency travel warning against travel to the specific destination location(s) of the Journey, should the Guest still choose to travel, notwithstanding any travel advisory, the Guest assumes all risk of personal injury, death, or property damage that may arise out of the events like those advised or warned against. You are also strongly encouraged to review any CDC travel advisory, warning, or recommendation relating to travel prior to making your Journey reservation at https://www.cdc.gov, and to visit the U.S. State Department’s website at http://travel.state.gov.

CANCELLATION CHARGES

General cancellation terms are as follows:

Cancellations will be effective on the date of receipt by Vilu Safaris whether by phone or email. Cancellations received by Vilu Safaris are subject to the following cancellation fees:

CANCELLATION FEES PER PERSON

• 181 days prior to departure or more: 10% of program price
• 180-121 days prior to departure: 25% of program price
• 120-91 days prior to departure: 50% of program price
• 90 days prior to departure or less: 100% of program price

However, some products have specific cancellation conditions which will be mentioned in the quotation.

Additionally, for certain seasons, different cancellation policies apply, which will be included in the quotation if applicable.

PHOTOGRAPHY DURING TRAVEL

Vilu Safaris reserves the right to take photographs and video of Guests during the operation of any Journey or part thereof and to use, re-use, publish, and republish their image, identity likeness, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which Guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking a Journey with Vilu Safaris, Guests acknowledge that Vilu Safaris is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter be used by Vilu Safaris. Guests who prefer that their images not be used must (1) identify themselves to their Resident Tour Director at the beginning of their Journey; and (2) notify their Vilu Safaris Travel Consultant by email, not later than thirty (30) days following the end of the Guest’s Journey. In the event the Guest fails to comply with both obligations, the Guest shall not be exempt from this section. If such written notice is not timely provided, the Guests, individually and on behalf of any Minor traveling with them, have granted unrestricted rights and permission for Vilu Safaris to use the Images.

LIMITS ON VILU SAFARIS’ RESPONSIBILITY FOR THIRD PARTIES WHO PROVIDE GOODS AND SERVICES

Vilu Safaris purchases transportation (by aircraft, coach, train, vessel, or otherwise), hotel and other lodging accommodations, restaurant, ground handling, and other services from various independent suppliers (including, from time to time, other affiliates of Vilu Safaris). Neither Vilu Safaris nor its parent company, affiliates, or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents, and assigns (collectively the “Vilu Safaris Parties”), own or operate any transportation, lodging accommodations on land, restaurants, ground transport, and other goods and services for your trip. All such persons and entities are independent contractors. As a result, the Vilu Safaris Parties are not liable for any injury to Guest, including any negligent or willful acts of any such person or entity or of any third person providing such goods and services.

In addition and without limitation, the Vilu Safaris Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay, or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in the Journeys.

If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, polar plunge, snowmobiling, primate tracking and any other activity which Vilu Safaris considers to carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death, and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release the Vilu Safaris Parties from any liability whatsoever related thereto.

Further, as consideration for being permitted to participate in the Activities; you release the Vilu Safaris Parties, whether known or unknown, from, and agree not to sue or make claim against the Vilu Safaris Parties for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of the Vilu Safaris Parties and/or from any defect in equipment. You further agree to indemnify and hold the Vilu Safaris Parties harmless with respect to any claim made against the Vilu Safaris Parties by anyone else (a) related to your participation in any trip or any Activities, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the Vilu Safaris Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.

AMENDMENTS

Vilu Safaris reserves the right to correct any errors or omissions in its published materials and to amend these Terms at any time. All amended Terms shall automatically be effective upon being posted by Vilu Safaris to the Website. Guests should check the Website prior to travel in order to ensure they are aware of any changes.

IMPORTANT LIMITATIONS ON THE COMPANY’S LIABILITY

Nothing in these Terms shall limit or deprive Vilu Safaris of the benefit of any applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability. In the event multiple statutes, laws, or conventions may apply, Vilu Safaris shall be entitled to any or all such limitations unless there is a conflict between such statutes, laws, or conventions, in which case Vilu Safaris shall be entitled to invoke the limitation which provides the most favorable limitation to Vilu Safaris.

(A) Time Limits For Claims

Vilu Safaris shall not be liable for any claims whatsoever unless full particulars in writing are given to Vilu Safaris within thirty (30) days after the Guest completes the Journey. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness, or death shall not be maintainable unless commenced within six (6) months after the date Guest completes the Journey, and unless served upon Vilu Safaris within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the Americans with Disabilities Act (ADA), trade practices, and/or advertising.

(B) Small Claims under $8,000

Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer, or privacy laws, or for any losses, damages, or expenses, relating to or in any way arising out of, related to, or connected with these Terms and the booking of the Journey, no matter how described, pleaded, or styled, between the Guest and Vilu Safaris in which Guest or any other claimant asserts damages for less than $8,000 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) must be litigated, if at all, before a small claims court located in DuPage County, Illinois, U.S.A. to the exclusion of the courts of any other county, state, or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue, or other objection that may be otherwise available.

(C) Arbitration for All Claims Over $8,000

Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer, or privacy laws, or for any losses, damages, or expenses, relating to or in any way arising out of or connected with these Terms and the booking of the Journey, no matter how described, pleaded, or styled, between the Guest and Vilu Safaris, in which Guest or any other claimant asserts damages for more than $8,000.00 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in DuPage County, Illinois, U.S.A. to the exclusion of any other forum. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue, or other objection that may be available to any such arbitration proceeding in DuPage County, Illinois. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its comprehensive dispute resolution rules and procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. Each party shall bear their own costs and fees associated with any such filing. If guest has a question about the arbitration process or wants to obtain a current copy of the comprehensive dispute resolution rules and procedures and/or fee schedule, guest may contact NAM at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550. Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court (other than small claims court in DuPage County, Illinois). The arbitrator’s decision will be final and binding.

(D) Jurisdiction, Venue and Jury Trial Waiver

Except as provided above and only if the above-referenced arbitration clause is ruled unenforceable by a court of law, it is agreed by and between the Guest and Vilu Safaris that all disputes and matters whatsoever related to, arising under, in connection with or incident to these Terms, shall be litigated, if at all, before the United States District Court For The Northern District of Illinois in Chicago or, as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in DuPage County, Illinois, U.S.A. to the exclusion of the courts of any other county, state, or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue, or other objection that may be available. If a matter is brought in the federal courts of the United States and no diversity jurisdiction exists, then the matter must proceed under the court’s admiralty jurisdiction and guest may not be allowed a trial by jury. If a matter proceeds under the court’s admiralty jurisdiction, then carrier consents to a trial by jury pursuant to Federal Rule of Civil Procedure 39(C). Guest acknowledges and understands that a federal court presiding over the matter under admiralty jurisdiction may not grant a trial by jury despite carrier and Guest’s request for a trial by jury, and in such event, Guest knowingly and voluntarily waives a trial by jury.

(E) Arbitration Rules and Jury Trial Waiver

Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. The arbitrator’s decision will be final and binding. Other rights that guest or carrier would have in court also may not be available in arbitration. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Carrier and guest further agree to permit the taking of a deposition under oath of the guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of section 22(d) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this clause.

(F) Governing Law

Vilu Safaris bookings are deemed to be contracts made in the state of Illinois and are governed by Illinois law.

(G) Class Action Waiver

Guest hereby agrees that these Terms provide for the exclusive resolution of disputes through individual legal action on each Guest’s behalf rather than any class, collective or representative action. Guest may only bring claims against Vilu Safaris in Guest’s individual capacity. Even if the applicable law provides otherwise, Guest agrees that any arbitration or lawsuit against Vilu Safaris whatsoever shall be litigated by Guest individually and not as a member of any class or as part of a class or representative or action, and Guest expressly agrees to waive any law entitling guest to participate in a class action. If Guest’s claim is subject to arbitration as provided in section above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Guest agrees that this section shall not be severable under any circumstances from the arbitration clause set forth above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration. The validity and effect of this class action waiver may be determined only by a judge or court of law and not by an arbitrator. Guest agrees that carrier can receive immediate judicial assistance to enforce this class action waiver.

(H) Claims for Emotional Distress

Vilu Safaris shall not be liable to the Guest for any emotional distress, mental anguish, or psychological injury of any kind, except where said emotional distress, mental anguish, or psychological injury was the result of either (a) physical injury to the Guest caused by the negligence or fault of Vilu Safaris or (b) the Guest having been at actual risk of physical injury and such risk was caused by the negligence or fault of Vilu Safaris.

(I) Claims of Improper Performance or Breach of the Contract

Vilu Safaris’ liability for improper performance or breach of the Contract shall be limited to a maximum of two times the price which the Guest paid for their Tour Package.

(J) No Consequential, Indirect or Punitive Damages

Notwithstanding anything to the contrary elsewhere in these Terms, in no event shall Vilu Safaris or its members, partners, shareholders, directors, officers, managers, employees, or agents be liable for any indirect, consequential, incidental, or punitive damages (including but not limited to damages for lost profits, loss of revenue, loss of use, loss of contract or other opportunity, for any other consequential or indirect loss or damage of a similar nature) arising out of the transaction contemplated herein.