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Terms and conditions

Terms and Conditions

1. Definitions

This Agreement includes certain key terms that are specifically defined in the definitions below. Defined terms are indicated with a capitalized letter in the Agreement.

Agreement:      

This Safari Agreement between the client and RunguTours Ltd., including other written exhibits that may be referenced herein and/ or attached to this document.

RunguTours:

RunguTours Ltd. and their subsidiaries, which may generally be used interchangeably with ‘we’ or ‘us’ or ‘our’ when possessively referring to RunguTours, in which the context so admits the assigns and successors in title.

Traveller:            

The person mentioned as ‘Traveller’ that enters into an Agreement with RunguTours Ltd. and may be used interchangeably with ‘you’ or ‘your’ when possessively referring to the Traveller.

Tour leader: 

Your driver/guide will be the Tour leader.

 

2. Accuracy of information

RunguTours Ltd. will do everything in its power to give you a pleasant, safe and unforgettable vacation. The descriptions, information and opinions given by us in respect of national parks, animal sightings, accommodation, itineraries, gorilla permits and security are given in good faith, based on the latest information available to us. Every care has been taken to ensure the accuracy of the information provided. We cannot accept any responsibility or liability for any errors or omissions caused by matters beyond our control.

 

3. Booking details

3.1 Booking details. We refer to the attached itinerary for arrival/departure date, number of visitors, itinerary, etc.

3.2 Travel sum per person. The travel sum is in Euros per person, unless otherwise indicated. The offered travel sum is based on the prices, exchange rates, fuel costs, levies and taxes that were known to RunguTours Ltd. at the time of the offer. RunguTours Ltd. is entitled to increase the travel sum in the context of changes to the transport costs (including fuel costs), accommodation, taxes and levies owed, and exchange rates until 4 weeks in advance, when the full travel sum has been paid.

3.3 Exchange rate. To reduce the risk of price difference caused by the exchange rate, the traveller can pay the invoice before the agreed date of the payment.

3.4 Passport numbers and copy of your passport. RunguTours Ltd. asks for the passport numbers of all travellers. In case one of these numbers changes before departure, the traveller needs to provide the new number to RunguTours Ltd..

3.5 Availability of accommodations. The proposals of RunguTours Ltd. are subject to availability of accommodation. In case one of the offered accommodations would not be available, RunguTours will reserve another alternative accommodation, with the same quality in consultation with the traveller. Any additional accommodation costs will be borne by the traveller.

3.6 Validation of offer. The proposalss of RunguTours Ltd. are valid for 2 weeks and are subject to unforeseeable changes and manifest errors/mistakes

  • Porter costs during the gorilla tracking
  • Administration/back office costs

4. Payment

4.1 Deposit. RunguTours requires a 50 % deposit of the Package Fee and – if applicable – a 100% deposit of the Gorilla and Chimps permits upon agreeing with the terms and conditions to secure accommodation, permits, etc.

4.2 Balance. The outstanding balance from your booking should be cleared 8 weeks prior to arrival.

4.3 Bank account. Payments should be made to:

RunguTours Ltd.

Homeruslaan 61

3707GR Zeist

the Netherlands

+31653502467

Bank: NL02INGB0006377346
BIC : INGBNL2A

 

5. Cancellation and Termination

5.1 Cancellations by you. All cancellation penalty depends on the number of days before arrival:

56+ days before the date of departure

After confirmation, we will reduce the payment with all of our costs and costs relating to commitments (including reservations).

14+ / 28- days before the date of departure

75% of the total package fee

14- days before the date of departure

100% of the total package fee

 

5.2 Cancellations by us. We always endeavour to avoid cancelling, but we must reserve the right to do so if you fail to make all payments due in full and on time or as a result of unusual and unforeseeable circumstances beyond our control. The traveller will be in default if payment is not made on time. If the traveller does not pay on time, RunguTours Ltd. will send a payment reminder, giving the traveller 3 working days to make the payment. If payment has still not been made by that time, the contract will be deemed to have been cancelled on the day of default. RunguTours Ltd. is entitled to charge the cancellation costs owed in this context.

 

5.3 No refunding permits. Please note that Gorilla and Chimps Permits in Uganda are not refundable when already booked, as this is the policy of Uganda Wildlife Authority. ( See also article 9.2)

 

5.4 Termination. RunguTours reserves the right to immediately terminate the travel agreement by giving the traveller a written notice of termination if the behaviour, actions and/or conduct of the traveller is deemed threatening or unacceptable offensive in the judgment of the Tour Leader/RunguTours Ltd.

 

6. Flights and delays.

6.1 Changes in the flight schedule. The days of departure and arrival are counted as full days in the travel program, regardless of the departure and arrival times.

Rungu tours Ltd. is not liable for any delay or associated costs as a result of not on time departures by airline companies. Rungu tours Ltd. is not liable for the costs associated with changes in airline schedules, cancellation of flights, overbooking or damage or loss of luggage or property. All claims for loss or injury suffered by the airline must be filed in the airline company and not at RunguTours Ltd. The change of flight schedule can lead to add nights to your trip. These changes are beyond the control of RunguTours Ltd. and all resulting costs must be borne by the traveller or his/her insurance.

 

7. Insurance

7.1 Insurance. The traveller is solely responsible for evaluating and determining the type, extent and levels of insurance coverage you may need or desire during your stay in Eastern Africa, including – without limitation – coverage for: travel, medical expenses, liability arising due to personal injury to you or a third party.

 

8. Medical needs and requirements

8.1 Medical needs. It is the sole responsibility of the traveller to ensure that you have taken appropriate medical advice from a doctor ( or GGD) with respect to traveling to Eastern Africa. This includes the appropriate inoculations, immunizations and medical treatments prior to your arrival as well as bringing any necessary/recommended medications or medical equipment.

 

8.2 Information. RunguTours Ltd. can provide general information about vaccinations and health precautions, but is not responsible for the correctness and completeness of this information. The traveller him/herself is responsible to receive medical information from the correct health organizations.

 

8.3 Agreement. You hereby agree that you will fully disclose to RunguTours Ltd. any and all medical constitutions and health issues that are relevant before departure and your stay in Eastern Africa.

 

9. Safari terms

9.1 National Parks. The travellert hereby understands, respects and follows the rules set out by the Uganda Wildlife Authority (UWA).

 

9.2 Gorilla and Chimps permits. Only when payment has been received can permits for gorilla tracking in the relevant National Park be purchased. Getting a gorilla permit is not a guarantee of seeing a gorilla. Local conditions sometimes mean that access to the gorillas is made impossible at short notice. We are unable to accept liability for any circumstance that might lead to gorilla viewing being cancelled, whether it is closure of the National Park or borders; absence of the gorillas; security changes. Refunds are at the discretion of the relevant authority and we cannot accept liability for them. We shall use our maximum endeavours to obtain a refund and if a refund is paid by the relevant authority, we shall pass it on to the traveller.

 

9.3 The program. RunguTours Ltd. reserves the right to vary the safari services agreed with the traveller in the event of unforeseen circumstances, such as – without limitation – road closures, bad weather, problems with national parks or hotels and security considerations. In such cases alternative arrangements will be made as circumstances permit.

 

9.4 Transportation. Every effort is made to ensure that vehicles are provided in a roadworthy condition but no liability can be accepted for breakdown, or any damage or delay. In case of breakdown, it is our responsibility to rectify the situation. We can either withdraw of repair the vehicle in question. The drivers selected by us, whose decision on all matters, such as the route taken, is final, must only drive our vehicles.

 

9.5 Roads in Eastern Africa. Roads in Eastern Africa can be rough, especially during the rainy season. Therefore it takes more time to same distance compared to western countries.

 

10. Important information

10.1 Conditions. Conditions in Africa are not the same as those in developed countries and standards of service, medical facilities, safety and security may often be lower than those in your home countries. Please note that it is the laws and regulations of the country in which services are provided, which apply to your holiday arrangements, and not those of your home country.

10.2 Culture and customs. The traveller hereby understands, respects and follows the local culture and customs during their stay in Uganda.

10.3 Visa. RunguTours Ltd. does not provide or make other arrangements for issuance of visas.

 

11. Liabilities of the traveller

11.1 Liability. The traveller shall remain personally and solely liable for his/her conduct, actions and/or omissions. RunguTours Ltd. will not be liable for – without limitation – theft, strikes and Force Majeure.

 

11.2 Force Majeure. Various events, which RunguTours Ltd. is unable to control, may arise and cause disruption, delay or cancellation of the Safari. Such circumstances are likely to include; riots or civil strife and natural disaster (collectively “Force Majeure”). The traveller agrees, understands and acknowledges that RunguTours LTd. shall have no liability for any delay or cancellation of a project due to Force Majeure.

 

12. Liability of RunguTours Ltd.

12.1 Imperfection RunguTours Ltd. is liable for a good realization of the trip, unless the imperfection is not due to a mistake of RunguTours Ltd.. This will be the case if the imperfection can be attributed to the traveller, to a third party and the imperfection was not foreseeable, to circumstances which cannot be avoided through any precautionary measures, or if the imperfection is attributed to force majeure. A good realization of the trip stands for the expectations that the traveller could reasonably have, based on the publications of RunguTours Ltd., considering facts and knowledge about the special destinations.

 

12.2 Involved service providers. RunguTours Ltd. doesn’t accept liability for actions and/or negligence of the involved service providers, neither for the correctness of the provided information of these service providers.

 

12.3 Damage by cancellation. RunguTours Ltd. doesn’t accept liability for damage which is covered by a travel and/or cancellation insurance. RunguTours Ltd. is as well not liable for lost personal belongings, luggage and travel documents of the traveller.

 

12.4 Wild animals. RunguTours Ltd. is not responsible for the behaviour of wild animals in the countries of destination. RunguTours Ltd. and her local partners are not responsible for the danger that these animals could cause. RunguTours Ltd. doesn’t accept any liability when (certain) animals are not seen during a trip.

 

12.5 Not booked through RunguTours Ltd. RunguTours Ltd. is not responsible for excursions that are not booked via RunguTours Ltd.. On the website of RunguTours Ltd. are links to other websites. This is only for information purposes. RunguTours Ltd. is never responsible for the contents of other websites than her own.

 

 

12.6 Services by third parties. RunguTours Ltd. reserves the right to organize services via third parties.

 

12.7 Damages. RunguTours Ltd. doesn’t accept liability for material damage and/or any other damage that is caused by the travel activities. These risks need to be covered by a travel and accident insurance.

 

12.8 Damages. When RunguTours Ltd. is liable for the damage of the traveller, the liability will be limited or excluded if subject to international conventions or laws.

 

12.9 Loss of travel enjoyment. In case RunguTours Ltd. is liable for loss of travel enjoyment, financial loss or damage during exercise of occupation or business, the financial refund will never be more than a maximum of one time the travel sum.

 

12.10 Travelling with a risk. RunguTours Ltd. organizes trips to a adventurous country. The traveller needs to realize that these trips are subject to a certain level of risks. RunguTours Ltd. cannot be held liable for death or injuries of any of the travellers, caused by one of the travel activities.

 

12.11 Employees of RunguTours Ltd. The exclusions and/or limitations of liability of RunguTours Ltd contained in this article also apply to employees of RunguTours Ltd., the booking office and the service providers involved, as well as their staff, unless a Convention, bye-­‐law or law excludes this.

13. Obligations of the traveller

13.1 Comply with instructions. The traveller is required to comply with all instructions of RunguTours Ltd. or her local partner in the context of promoting a good fulfilment of the travel package. The traveller is liable for loss caused by his/her unauthorised behaviour.

 

13.2 Wild animals. Going to Africa and on safari may take you into close contact with wild animals. Attacks by wild animals are rare, but no visit to the African wilderness can guarantee that this will not occur. RunguTours Ltd. cannot be held responsible for any injury or incident during the trip. Most of the safari camps, hotels and lodges are not fenced, so the wildlife does move freely in and around the camps. Always follow the safety instructions from the camp's staff especially with regards to moving to and from your tent, lodge, banda or hotel and while on game activities throughout your trip. Also note that camping during the trip is the client's own responsibility and decision.

 

13.3 Check in at the airport. The traveller is required to check in on time for the flight, and be on time at the airport. RunguTours Ltd. is not liable for missing a flight and costs that arise from this.

 

13.4The traveller must ascertain the exact time of departure for the return journey no later than 24 hours before the stated time of departure. 

 

13.5 Help in case of an emergency. The obligation of RunguTours Ltd. to help the traveller in case of an emergency will be hindered without help from a SOS Emergency Centre which is part of a travel and luggage insurance. The traveller is therefore required to take a full covering insurance for risks that are covered by the common travel, incident and luggage insurance. The traveller needs to safeguard RunguTours Ltd. for any consequences and damage, which are resulting from the fact that the traveller does not have a proper travel, incident and luggage insurance. RunguTours Ltd. cannot be held liable for incidents, injuries, diseases or death during the trip, or for loss, damage or theft of personal items.

 

14. Miscellaneous Provisions

14.1 Age limits. Please consult with us for the specific age policies at the camps and for the activities on your itinerary. If anyone misrepresents their age, our operators reserve the right to terminate the tour without refund. RunguTours Ltd. cannot be held responsible for any refund in this situation.

 

14.2 Responsibilities. Trip members have certain responsibilities to RunguTours Ltd. and to other trip members: trip members are responsible for understanding the conditions implied in our Terms and Conditions and trip itinerary, and selecting a trip which is appropriate to their interests and abilities.

 

14.3 Complaints. Any complaints with regard to the safari may be immediately brought to the attention of the Tour Leader and/or RunguTours Ltd., so that the necessary action to rectify the matter can be taken. However if by the end of the tour you still feel you have a valid complaint, you must notify RunguTours Ltd. in writing within 14 days of the end of your safari.

 

14.4 Severability. Wherever legally possible, each and every provision of these terms and conditions shall be interpreted in such manner as to render it valid, effective and enforceable under applicable law according to its express terms, but if any provision of these terms and conditions shall be deemed legally prohibited or invalid under applicable law by a court of competent jurisdiction, such provision shall be ineffective only to the extend of such prohibition or invalidity, without invalidating the remainder of such provisions or any of the remaining provisions of this agreement, which shall remain in full force and effect absent said invalid provisions. Further, any provisions that are required by the Ugandan Law are incorporated into these terms and conditions.

 

14.5 Arbitration. All legal proceedings arising from these terms and conditions shall be resolved by binding arbitration, conducted in the legal courts of law in Kampala, Uganda.

 

14.6 Choice of law. The terms and conditions and the transactions contemplated hereunder shall be construed in accordance with and governed by the laws of the Republic of Uganda without giving effect to conflict of laws principles.