Kambaku Lodges CC Registration Number: 2007/130857/23

Trading as Kambaku Safari Lodge; Kambaku River Sands; & Kambaku at Sea

Terms and Conditions of Stay

1. INTRODUCTION

1.1. These Terms and Conditions (“Terms”) govern the relationship between Kambaku Lodges CC (Registration No. 2007/130857/23) (“Kambaku”, “we”, “us”, “our”) and any person who makes a reservation with Kambaku or stays at, visits, or makes use of any Kambaku property (the “Guest”, “you”).

1.2. Kambaku operates the following properties:

Kambaku Safari Lodge

Kambaku River Sands

Kambaku at Sea

NOTE: Kambaku is a privately owned and managed South African company and not associated or affiliated with Kambaku River Lodge in Malelane.

1.3. Use of our website, premises, services, Accommodation, and Activities is governed exclusively by these Terms.

2. AGREEMENT

2.1. By booking with us, you, the Guest, agree to our terms and conditions outlined below (“Terms”). These terms and conditions also apply to you and the people attending with you (“Attendees”) who are part of your Reservation (collectively referred to as the “Guest” or “you”).

2.2. These Terms, the Invoice, Booking Form and Lodge Rules constitute the whole agreement between Kambaku and the Guest. In the event of conflict, the following order of priority applies:

2.2.1. CPA-mandated protections (if applicable)

2.2.2. These Terms

2.2.3. Lodge Rules

2.2.4. Invoice / Booking Form

2.3. No employee, guide, representative or agent of Kambaku may vary these Terms unless expressly authorised in writing by a Director of Kambaku.

2.4. THEREFORE, IT IS VERY IMPORTANT THAT YOU READ OUR TERMS CAREFULLY, AS THEY WILL APPLY TO YOU, WHETHER YOU BOOK DIRECTLY WITH US OR THROUGH A THIRD-PARTY AGENT OR CHANNEL. IT IS THE GUEST’S RESPONSIBILITY TO ENSURE THAT THEIR ATTENDEES AND/OR THE PAYER ARE AWARE OF THESE TERMS AND CONDITIONS, AS THEY WILL APPLY TO YOUR RELATIONSHIP WITH US AND OUR SERVICE PROVIDERS.

3. DEFINITION OF TERMS

3.1. “Accommodation” – the lodge room, suite, villa, or unit booked by the Guest.

3.2. “Activities” – all guided or unguided Activities offered by Kambaku including game drives, bush walks, wellness Facilities, beach Activities and any add-on experiences.

3.3. “Attendee(s)” – any person included in the Guest’s booking, including minors.

3.4. “Booking Form” – the reservation confirmation document issued by Kambaku or a third-party agent.

3.5. “CPA” – the South African Consumer Protection Act 68 of 2008 (where applicable).

3.6. “Facilities” – all communal or private-use amenities available at Kambaku properties.

3.7. “Guest” – means the named guest, payer and their Attendees;

3.8. “Invoice” – the written quotation or pro-forma invoice issued by Kambaku.

3.9. “Lodge Rules” – the operational, safety and conduct rules applicable at each property on the Premises.

3.10. “Premises” – all land, buildings, structures, vehicles, walkways and adjoining property forming part of a Kambaku lodge.

3.11. “Supplier” – any third-party used to provide services to Kambaku or the Guests, such as transport, excursions, wifi access, etc.

4. BOOKINGS, CONFIRMATION & PAYMENT

4.1. Reservations may be made directly with Kambaku or through an authorised third-party agent. Where a booking is made through an agent, both the Guest and the agent are jointly and severally liable for all obligations arising under these Terms.

4.2. All quotations are valid for 14 (fourteen) days from the date of issue, unless expressly stated otherwise in writing.

4.3. Kambaku will issue a quotation and/or invoice, which the Guest or agent must review for accuracy prior to confirmation. Payment of any invoice constitutes acceptance of the quotation, invoice and these Terms and Conditions.

4.4. A booking is only confirmed once all of the following have occurred:

4.4.1. a deposit equal to 20% of the total booking value has cleared into Kambaku’s bank account; and

4.4.2 the completed booking documentation has been submitted by the Guest or agent, and Kambaku has issued written booking confirmation.

4.5. The balance of the booking amount is payable no later than 42 (forty-two) days prior to the Guest’s arrival date. Failure to make payment in full by this date may, at Kambaku’s discretion, result in cancellation of the booking and forfeiture of the deposit in accordance with the Cancellation Policy.

4.6. Bookings made within 30 (thirty) days of arrival require full payment at the time of booking. Guests will not be permitted to check in or occupy the Premises unless full payment for all confirmed services has been received by Kambaku.

4.7. All prices quoted exclude value-added tax (“VAT”), which shall be charged at the applicable statutory rate.

4.8. All payments must clearly reflect the applicable booking reference number to ensure correct allocation.

5. SPECIAL REQUESTS

5.1. Dietary requirements, mobility limitations, medical needs and other special requests must be disclosed to us in writing at the time of booking.

5.2. Kambaku will endeavour to accommodate reasonable requests, but does not guarantee availability. When we book any transfer to our Properties or for excursions on your behalf, then it will be necessary for you to furnish us with a copy of the confirmation of your transportation arrangements/flight details before we confirm these travel arrangements. This is required so that we get your transfer dates and times right and to avoid disappointment for our Guests.

6. SERVICES PROVIDED BY KAMBAKU

6.1. Kambaku will provide the Accommodation and agreed services with reasonable skill, care and professionalism, consistent with standards appropriate to wilderness lodge operations.

6.2. Check in is from 14h00 and check out is by 11h00. Early check-in or late check-out may be arranged, subject to availability and additional charges.

6.3. Due to wildlife risks, movement outside designated areas is regulated. Guests may only move around the Premises when accompanied by authorised staff, unless otherwise instructed.

6.4. Kambaku is not liable for loss or damage arising from:

6.4.1. Failure to use in-room safes;

6.4.2. Non-compliance with Lodge Rules;

6.4.3. Ignoring safety warnings; or

6.4.4. Wildlife or environmental risks inherent to an unfenced reserve.

6.5. Nothing in these Terms excludes liability for gross negligence or wilful misconduct, where applicable by law.

7. WIFI AND INTERNET SERVICES

7.1. Complimentary Wi-Fi is provided on an “as available” basis. Coverage and speed are not guaranteed.

7.2. Guests use all internet connectivity at their own risk.

7.3. Kambaku is not responsible for any device damage, data loss, malware, or connectivity failures.

8. MAINTENANCE AND OPERATIONAL LIMITATIONS

8.1. Kambaku reserves the right to carry out repairs, maintenance or related work to the Premises or Facilities at any reasonable time. Kambaku shall use reasonable endeavours to minimise inconvenience to Guests.

8.2. Kambaku is not liable for:

8.2.1. Construction, repairs, or noise from neighbouring properties;

8.2.2. Utility outages or roadworks beyond our control;

8.2.3. Temporary unavailability of services or Activities due to weather, safety or operational requirements.

9. THIRD‑PARTY SERVICES & SUPPLIERS

9.1. Services provided by third-party suppliers, including at our Facilities, transport providers and excursion operators, are subject to their own terms and conditions. Kambaku is not responsible for their acts or omissions, except to the extent required by applicable law, nor for their operational decisions, delays, cancellations or diversions beyond Kambaku’s control.

10. INHERENT RISKS & WILDLIFE

These terms limit certain rights and place obligations on you.

Please read it carefully before confirming your booking.

10.1. Guests hereby voluntarily associates itself with the inherent risks in a wildlife reserve and in participating in some of the Activities or using our Facilities on offer at the various Properties in our portfolio, and hereby acknowledge that Accommodation and Activities at Kambaku involve inherent and unavoidable risks, including but not limited to:

10.1.1. Wildlife encounters in unfenced areas

10.1.2. Uneven terrain, weather and environmental hazards, such as insects and animals, open bodies of water, amongst others

10.1.3. Activities conducted in remote locations

10.2. Wildlife and nature cannot be changed to eliminate risks, as doing so would fundamentally alter the experience. Kambaku undertakes to take reasonable steps, appropriate to a remote wilderness lodge environment, to ensure the safety of Guests and their property.

10.3. It is your sole responsibility to take all appropriate medical advice prior to departure as to whether or not you are fit enough to undertake the trip booked or participate in Activities or use the Facilities.

10.4. By participating in Activities or using our Facilities, you, as the Guest/Attendee, warrant that you are fit and able to do so and that you have taken the appropriate medical advice.

10.5. Parents and guardians are solely responsible for supervising children at all times and ensuring compliance with Lodge Rules and these Terms.

11. LIABILITY, RISK ACKNOWLEDGMENT & INDEMNITY

These terms limit certain rights and place obligations on you.

Please read it carefully before confirming your booking.

11.1. Application of the CPA: Where a Guest qualifies as a “consumer” under the Consumer Protection Act 68 of 2008 (“CPA”), these clauses must be read subject to sections 48, 49 and 51 of the CPA.

11.2. CPA Guests – Limitation of Liability:

11.2.1. For CPA-regulated bookings:

11.2.1.1. Kambaku does not exclude liability for negligence;

11.2.1.2. Kambaku’s total liability is limited to the total Accommodation fees actually paid for the Guest’s stay;

11.2.1.3. No liability is accepted for indirect or consequential loss or damages.

11.2.2. Non-CPA / Corporate Guests: For bookings not regulated by the CPA:

11.2.2.1. Guests stay and participate entirely at their own risk;

11.2.2.2. Kambaku is not liable for loss, injury or death, except where caused by gross negligence or wilful misconduct;

11.2.2.3. Guests indemnify Kambaku against third-party claims arising from their stay or Activities.

11.3. Failure to follow safety instructions, Lodge Rules, or staff and guide directions is considered contributory negligence and may limit any potential claim.

12. GUEST OBLIGATIONS

The Guest and their Attendees hereby understand and warrant that they shall:

12.1. Be responsible for their required travel documents such as visas, passports, health certificates, and driving licenses (to be valid throughout their stay).

12.2. Immediately report to Kambaku any pre-existing damage to the Premises or Facilities upon arrival, failing which such damage shall be deemed to have occurred during the Guest’s stay.

12.3. Ensure that no pets, illegal substances, disorderly conduct, unsafe behaviour, or unlawful activities occur on or at the Premises.

12.4. Ensure that the Premises are occupied only by the number of persons specified in the Booking Form, unless otherwise agreed in writing by Kambaku.

12.5. Comply with these Terms and Conditions and fulfil all obligations of the Guest as set out in this Agreement, and Lodge Rules

12.6. Abide by all applicable laws of the Republic of South Africa, including laws relating to alcohol, drugs, public order and criminal conduct.

12.7. Properly supervise and control all Attendees and any invitees of the Guest while on the Premises, and ensure their compliance with this Agreement and the Lodge Rules.

12.8. On demand, pay the reasonable costs incurred by Kambaku to repair, replace or reinstate the Premises or Facilities to their prior condition, to the extent that damage is caused by the Guest, their Attendees or invitees, fair wear and tear excepted.

12.9. Permit Kambaku, its management or authorised contractors reasonable access to the Premises at appropriate times for purposes of security, safety, maintenance or inspection.

13. CANCELLATIONS AND REFUNDS

13.1. Cancellations need to be made promptly and in writing to ensure the Accommodation can be relet without issues.

13.2. The following reasonable cancellation charges will apply for Kambaku Safari Lodge & Kambaku River Sands:

• 42+ days before arrival full refund of any monies paid
• 42 days prior to arrival – 50% of the total booking value
• 35 days prior to arrival – 75% of the booking value, and
• 28 days or less prior to arrival: 100% of the total booking value.

13.3. The following reasonable cancellation charges apply for Kambaku at Sea:

• 35+ prior to arrival: full refund of any monies paid
• 35 days prior to arrival: 50% of the total booking value,
• 21 days: 70% of the total booking value
• 14 days: 80% of the total booking value,
• 7 days or less: 100% of the total booking value.

13.4. All refunds are subject to bank charges

13.5. No cooling-off period applies for leisure services booked for specific dates.

14. GROUP BOOKINGS & CANCELLATION POLICY

14.1. A 20% deposit is required within 4 weeks of booking for group bookings (8 or more Guests).

14.2. Payments for Group Bookings are due as follows:

14.2.1. an additional 50% is payable 120 days before arrival, and

14.2.2. 90 days before arrival, the outstanding balance is due.

14.3. The following reasonable cancellation fees shall apply to Group Bookings:

14.3.1. 120 – 90 days: 50% forfeit,

14.3.2. 89  – 0 days: 100% forfeit.

15. CHARGEBACKS

15.1. The Guest acknowledges that cancellation charges constitute a genuine and reasonable pre-estimate of loss. The Guest agrees not to dispute, reverse or charge back any payment validly due under these Terms.

15.2. Where a chargeback is initiated contrary to these Terms, the Guest remains liable for the outstanding amount, together with any bank, administrative or legal costs incurred by Kambaku in recovering such amounts, as it is for special order goods and is for leisure services, Accommodation, and travel for a specified date, as defined in the applicable legislation, and subject to the aforesaid agreed cancellation charges.

16. COMMUNICABLE DISEASE POLICY

16.1. In the event of government‑mandated travel bans, border closures, or lodge shutdowns due to communicable disease outbreaks, Kambaku may issue credit notes or postpone bookings at its discretion.

16.2. Kambaku is not liable for illness contracted during a stay, except where caused by gross negligence.

17. FORCE MAJEURE

17.1. Except where otherwise expressly stated in this agreement, Kambaku shall not be liable to the Guests, Attendees your Agent or the payer (hereinafter referred to as the “Other Party”) if Kambaku and/or its Suppliers, hereinafter collectively referred to as “the Suppliers”) contractual obligations to the Other Parties are adversely affected by any event which the Suppliers could not, even with all due care, foresee or avoid, and these Force Majeure Events can include, but are not limited to, war, threat of war, civil strife, terrorist activity (and its consequences or the threat of such activity), acts of God, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, epidemic, severe limitation/restriction of transportation facilities, failure or shortage of supplies, liquidation and legal impediment and all similar events outside the control of Kambaku and/or its Suppliers (collectively referred to as the “Force Majeure Event”).

17.2. If the Suppliers are affected by a Force Majeure Event it shall forthwith notify Guests of the nature and extent thereof, but Kambaku shall not be deemed to be in breach of these terms and conditions or otherwise be liable to Guests or Attendees by reason of any delay in performance, or by non-performance of any of its obligations hereunder to the extent that any such delay or non-performance is due to a Force Majeure Event.

17.3. Kambaku may vary or cancel reservations if affected by a Force Majeure Event. Refunds or credits will be at Kambaku’s reasonable discretion.

17.4. If, after making all reasonable and proper inquiries, Kambaku believes that your reservation can proceed as booked, no refund will be due to you. Our Cancellation Policy will then apply in cases where the Guest refuses to proceed with the Booking and no Force Majeure Event prevents their travel.

18. PRIVACY POLICY & CONSENT REGARDING PERSONAL INFORMATION

18.1. By making a booking with Kambaku and/or providing my personal information, I confirm that I have read and understood Kambaku’s Privacy Policy available on its website, and I consent to the collection, use, storage and processing of my personal information, including limited health-related information where necessary, for purposes of administering my booking, providing services, complying with legal obligations and communicating with me, in accordance with the Privacy Policy and applicable data-protection laws.

18.2. Guests may request correction, deletion or access to their information by contacting: reservations@kambakulodge.com.

 INSURANCE

19.1. Kambaku strongly recommends that Guests obtain the following types of insurance, which are commercially available: Accidental death and disability, Emergency medical evacuation, Trip cancellation, Major Medical and Loss of personal effects.

19.2. The Guests, your Agent, the payer and its Attendees, jointly and severally (the “Guests”) shall be responsible for taking out and maintaining comprehensive travel, personal, health and general insurance in amounts sufficient to adequately cover all risks (including amongst others Force Majeure Events) and to compensate them for any loss, damage to, or destruction of any property, the Premises or the death or injury of any person.

20. SURCHARGES & EXCHANGE RATES

20.1. Kambaku cannot be held liable when, through circumstances beyond our control, a third-party Supplier imposes a price increase on their product/s or service after the Guest has paid any monies toward such product or service, and the Guest hereby irrevocably agrees to be liable for any such surcharges.

20.2. While we carefully vet Suppliers, Kambaku is not responsible for the suitability of the Suppliers, their products, or services chosen by the Guest. We do not guarantee or accept liability for any disputes involving Suppliers.

20.3. All payments must be made free of bank, wire transfer and/or international forex charges, and without deductions, chargeback or set off.

20.4. Guests are responsible for currency fluctuations impacting refunds or payments, and payments and indemnify Kambaku against any currency exchange loss.

21. DISPUTES & COMPLAINTS

21.1. Guests must raise any complaint during their stay, allowing Kambaku an opportunity to rectify issues.

21.2. Kambaku may decline to process complaints raised only after departure.

21.3. Kambaku is committed to resolving any concerns fairly and efficiently. If a Guest has a complaint or dispute, it must be raised in the following order: first with lodge management during the stay, to allow us an opportunity to address the issue immediately; if unresolved, the matter may be escalated to Kambaku’s head office. Should the dispute remain unresolved, the parties will attempt to resolve it through mediation before resorting to formal legal proceedings. Litigation will be pursued only as a last resort, where necessary (because mediation failed). The Guests shall be responsible for our legal costs.

22. APPLICABLE LAW AND JURISDICTION

22.1. These Terms and Conditions form a binding agreement between you (the Guest/Attendee) and us (Kambaku) and are governed by and interpreted in accordance with South African law. This Agreement falls under the exclusive jurisdiction of South African courts.

23. INTERPRETATION

23.1. Words importing:

23.1.1. any one gender includes the other two genders;

23.1.2. the singular includes the plural and vice versa; and

23.1.3. natural persons include created entities (corporate or non-incorporate) and vice versa;

23.2. Any definition, wherever it appears in this Agreement, shall bear the same meaning and apply throughout this Agreement unless otherwise stated or inconsistent with the context in which it appears;

23.3. Where any number of days is prescribed, those days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day in SA, in which event the last day shall be the next succeeding Business Day;

23.4. Where the day upon or by which any act is required to be performed is not a Business Day, the Parties shall be deemed to have intended such act to be performed upon or by the next succeeding Business Day.

23.5. Any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (ie pro non scripto) and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

23.6. References to any amount shall mean that amount exclusive of VAT, unless the amount expressly includes VAT.

24. DOMICILIUM CITANDI ET EXECUTANDI

24.1. The Guest appoints the address of the booked Premises set out in the Booking Form as his domicilium citandi et executandi (appointed legal service address) for receiving notice for all purposes under this agreement and agrees to accept service of all legal documents at such premises.

24.2. Kambaku appoint the business address of Kambaku as their domicilium citandi et executandi for all purposes under this agreement.

25. GENERAL

25.1. No addition to, variation, or agreed cancellation of this agreement or any of the appendices hereto shall be of any force or effect unless in writing and signed by or on behalf of the parties in a non- electronic format.

25.2. The grant of any indulgence, extension of time or relaxation of any provision by Kambaku (“Grantor”) under this Agreement shall not constitute a waiver of any right by the Grantor or prevent or adversely affect the exercise by the Grantor of any existing or future right of the Grantor.

26. PERSONAL INDEMNITY

IMPORTANT NOTICE (CPA SECTION 49 DISCLOSURE)

This document limits certain legal rights and places obligations on you.

Please read it carefully before signing.

PERSONAL INDEMNITY, RISK ACKNOWLEDGEMENT AND LIMITED WAIVER

This document limits certain legal rights and places obligations on you. Please read it carefully before signing.

I, the undersigned Guest, hereby warrant and acknowledge on my own behalf and on behalf of any minor children or dependants accompanying me, as follows:

1.Health and Fitness

I confirm that my/our general health is good and that there is nothing which renders me unfit to travel or to participate in the Accommodation, Activities or services offered by Kambaku. I confirm that I have disclosed any material medical conditions and acknowledge that any failure to do so may be taken into account in determining contributory negligence.

2.Awareness of Inherent Risks

2.1.I acknowledge that staying at and participating in activities at Kambaku’s properties involves inherent and unavoidable risks associated with a wilderness environment, including but not limited to:

2.1.1.wildlife encounters in unfenced areas, including potentially dangerous animals;

2.1.2.slips, falls, injuries, illness, allergic reactions, food-related illness or parasites;

2.1.3.exposure to insects, animals, plants, weather conditions, uneven terrain and waterborne risks;

2.1.4.participation in activities such as game viewing, bush walks, sleep-outs, boating or kayaking.

3.Wilderness Environment

I acknowledge that Kambaku’s properties are located in natural environments where there may not always be protection in the form of fences, buildings or vehicles, and that exposure to wildlife and natural hazards may occur despite reasonable safety measures.

4.Disease and Environmental Exposure

I acknowledge that malaria and other communicable diseases may be present in Southern Africa and confirm that I have obtained appropriate medical advice and taken reasonable precautions. I further acknowledge the risks associated with sun exposure, heat exhaustion and dehydration and accept responsibility for taking reasonable protective measures.

5.Voluntary Participation and Compliance

I voluntarily elect to stay at Kambaku and to participate in its Activities with full knowledge of the above risks, and I agree to comply with all Lodge Rules, safety instructions and staff directions, and to ensure that my children or dependents do the same.

6.Limitation of Liability (CPA-Compliant)

6.1.Nothing in this indemnity excludes or limits liability for Kambaku’s gross negligence or wilful misconduct.

6.2.To the extent permitted by law, Kambaku shall not be liable for loss, injury or damage arising from:

6.2.1.inherent risks of a wilderness environment;

6.2.2.my own negligence or failure to follow safety instructions or Lodge Rules; or

6.2.3.the acts or omissions of third parties beyond Kambaku’s reasonable control.

7.Indemnity (Non-CPA Guests Only)

7.1.Where the Consumer Protection Act does not apply, I indemnify and hold Kambaku harmless against losses, claims and costs arising from my participation in activities or use of the facilities, except to the extent caused by Kambaku’s gross negligence or wilful misconduct.