Eyalama Adventures Terms & Conditions

Eyalama Adventures Terms and Conditions

GENERAL

Eyalama Adventures Limited (the company) organizes honeymoon holidays, golfing tours and safari vacations in Uganda, Kenya and South Africa. Please read these Terms and Conditions carefully as they set out our respective obligations and form the basis of your contract with us. In these terms and conditions, “you” means all persons named on the booking (including anyone who is added or substituted at a later date) and “we” and “us” means Eyalama Adventures Limited. These terms are amended from time to time due to changing circumstances; the terms at the time of booking are the terms that are valid. 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.

ACCURACY OF INFORMATION

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.

ACCOMMODATIONS

Unless a specific accommodation is requested, we reserve or recommend the best or mid-range facility, reasonably priced, charming hotels/lodges with private bath, hot water, good service and value. Prices are based on two persons sharing a double or a twin-bedded room. We reserve the right to substitute equivalent or superior hotels. We make every effort to arrange shared accommodations for single travelers when requested to do so. If the request cannot be honored, the quoted single supplement will apply.

CANCELLATIONS BY US

Occasionally we have to cancel confirmed bookings. We always endeavor to avoid canceling, but we must reserve the right to do so. We shall not cancel your confirmed holiday less than 60 days before departure unless we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. If we cancel your holiday (except where you have failed to make payment or as a result of force majeure) we shall offer you the choice of purchasing an alternative holiday from us of a similar standard to that originally booked if available. If the chosen alternative is less expensive than your original holiday we shall refund the difference but if it is more expensive, we shall ask you to pay the difference. Alternatively you are entitled to a full refund of all monies you have paid to us save that paid for gorilla permits and domestic flights which can only be refunded if the refund has been made available to us. Except where we cancel for reasons other than those mentioned in this clause, we shall have no further liability to you. We regret we cannot pay any expenses, costs or losses incurred as a result of any cancellation.

We reserve the right, without prior notice, to terminate the holiday of any person in your party if, in our opinion or in the opinion of any other person in authority, the persons concerned behave in such a way to cause or be likely to cause danger, annoyance or distress to any third party or damage to property. In this situation, the person(s) concerned will be required to leave the accommodation or other service immediately. We shall have no further responsibility towards such person(s). No refunds will be made and we shall not pay any expenses or costs incurred as a result of the termination.

CANCELLATIONS BY YOU

Should you or any member of your party be forced to cancel, you must advise us in writing. A cancellation is not effective until we receive a copy of your written notice. To cover our estimated loss caused by the cancellation and as we may be unable to resell your  holiday. Cancellation fees, excluding insurance, will be levied per person as follows: Period before departure Cancellation charge (as percentage of total Tour price paid where applicable)

CANCELLATION POLICY

Cancellations received will be subject to the following forfeit of tour cost: Please note Gorilla permit fees, chimpanzee permits and domestic flights are non-refundable.

101 days and above 20%

61-100 days 30% of tour cost

46-60 days 50% of tour  cost

16-45 days 80% of tour cost

0-15 days 100% of tour cost

1. Cancellation fees are based on the date your written notification is received at Eyalama Adventures Ltd.

COMPLAINTS

Complaints must be reported immediately to our representative and to the supplier of the service(s) in question, who will do their best to resolve any problem. If you remain dissatisfied, a written report should be submitted to the Safari manager in Kampala as soon as possible after the incident and not later than 20 days after completion of your holiday, to enable us to investigate them fully. Regrettably, liability for any complaints not notified in accordance with this procedure cannot be accepted.

FORCE MAJEURE

We regret we cannot accept liability or pay compensation where the performance or proper performance of our obligations is prevented or affected by any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events include war or threat of war, riots, civil strife, border closures, unexpected government acts, terrorist activity, industrial disputes, natural or nuclear disaster, extreme weather conditions, fire, road closures, pilferage, epidemics, quarantines, dangers incident to sea, land and air travel, and other similar acts or incidents beyond our ability to control.

We purchase transportation, hotel accommodations, restaurant services medical evacuation services and other services from various independent suppliers that are not subject to our control. We cannot therefore be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of any such supplier, or by reason of any other event over which we have no control.

We reserve the right to revise US Dollar prices without notice to reflect marked increases in foreign exchange or tariff rates before receiving the deposit from you. We also reserve the right to withdraw a tour or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or retain as a member of any tour any person at any time, and to pass on to tour members any expenditure or losses caused by delays or events beyond our control.

Depending on the itinerary you have selected, optional activities will be available at some of the places you will visit. Some of these activities carry with them the inherent risk of personal injury. These activities include, but are not necessarily limited to:

• Walking tours
• Canoe, boat and white-water rafting trips
• Gorilla tracking
• Chimpanzee tracking
• Mountaineering
• Balloon tours
• Cycling
• Hiking
• Game viewing

You should be aware that your personal safety cannot be guaranteed. Should you elect to participate in such activities while you are on tour, you are, of course, free to do so. However, you must understand that such participation will be at your own risk and that we assume no responsibility for your safety.

GORILLA 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 endeavors to obtain a refund and if a refund is paid by the relevant authority, we shall pass it on to the client,

Note that the chances of seeing the gorillas stand at 98%.

INSURANCE

It is advisable that before undertaking a holiday with us that you have, appropriate insurance for the type of holiday being taken. Such insurance should fully cover death, personal injury, medical expenses, repatriation in the event of accident or illness or death, cancellation or curtailment of the holiday by side and loss of, damage to, or theft of the clients’ personal property. Activities with a greater inherent risk, such as mountaineering, animal tracking on foot, white-water rafting should be covered.

JURISDICTION

The principal company is incorporated in the Republic of Uganda and it operates under the laws of Uganda.

LIABILITY

We shall make every reasonable effort to ensure that (a) all component parts of the holiday are supplied as described in the brochure and to a reasonable standard; and (b) our employees, agents, suppliers and sub-contractors exercise due care in carrying out our obligations under the contract. We accept responsibility for what our employees, agents, suppliers and sub-contractors do or do not do (provided they were at the time carrying out work authorized by us). If any part of your holiday is not provided as advertised and to a reasonable standard, we shall pay you appropriate compensation if your enjoyment of the holiday has been affected and you have followed the complaints procedure set out in these terms and conditions. This acceptance of responsibility is subject to the clause relating to “Force Majeure” above and these Terms and Conditions generally. Our maximum liability in respect of complaints (except where death, personal injury or illness results, or where claims relate to loss or damage to possessions or luggage, which are dealt with below) is limited to an amount equal to the cost paid by or on behalf of the person affected for the relevant services. The maximum amount will only be payable where the person affected has derived no benefit from the holiday and none of the services contracted have been provided. Liability for loss or damage to luggage or personal possessions (including money) will be compensated to a maximum of US$30 on the basis that the client is assumed to have taken out adequate insurance cover in respect of such losses at the time of booking.

We will take all due care to prevent your death, injury or illness being caused by the animal or insect life of the destinations. It is your responsibility to take proper medical and practical precautions in this regard and your attention is drawn to the section in the Travel Notes relating to Health. Medical advice should be sought well before travelling. Subject to these Terms and Conditions, we accept responsibility should you or any of your party suffer death, personal injury or illness as a result of any failure to perform or improper performance of the contract by any of our employees, agents, suppliers or sub-contractors (provided they were at the time carrying out work authorized by us) except in the following situations. We will not be liable where any failure to perform or improper performance was due to: (i) the acts or omissions of a third party not connected with the provision of the holiday under the contract and which were unforeseeable or unavoidable; (ii) an event which we or the supplier of the relevant services could not have foreseen or avoided even with all due care. Any claim must be notified to us in accordance with the complaints procedure set out above. Any person to whom any payment is made (and their parent or guardian if that person is a minor) must assign to us and our insurers any rights they may have to pursue any third party in connection with the claim and provide all necessary assistance to us and our insurers that be reasonably required.

 

MEDICAL REQUIREMENTS

Good physical and mental health is essential for the enjoyment of these active, outdoors tours. You may travel in rugged areas removed from modern medical facilities. Good physical conditioning is recommended as preparation for all tours, especially those involving trekking.

By forwarding the deposit, the passenger certifies that he/she does not have any physical or other condition of disability that would create a hazard for him/her or other passengers. It is essential that any participant with a medical condition requiring regular treatment or which may be affected by vigorous activity, high altitude, heat, cold, other natural phenomenon, or particular foods, notifies us and the tour leaders, in writing in advance of travel.

We assume no liability for medical care for special dietary requirements if not informed long in advance. The medical requirements by some places like Ngamba Island are a sole responsibility of the client to meet them. We bring Ngamba Island and the client in direct contact so that he is furnished with what is required of him before walking with the chimps.

PAYMENT

At the time of booking you must confirm acceptance of these terms and conditions and pay a deposit of 30% of the price of your holiday including fees for gorilla permits. If written acceptance is not received from you, we shall assume acceptance of the Terms and Conditions once you make the deposit. The balance must be paid in full before the start of the safari. It could be paid before coming or just before the start of the holiday. We however reserve the right to request full payment at least 30 days before start of the holiday.

PHOTOGRAPHY ON TOUR

We reserve the right to take photographic images of individual participants to use for commercial promotion of our safaris. Tour members who prefer that their image not be used are asked to identify themselves to their tour escort at the start of the tour.

QUOTATIONS/BOOKINGS/PRICES

Please ensure that the quotation given with details of number of clients, dates, accommodation, transportation, permits, park fees and all other services to be provided is clear and accurate before confirming the booking in writing. All references to quotations in writing shall include reference to correspondence by facsimile and electronic mail. The price of your chosen holiday will be confirmed at the time of booking. We reserve the right to correct errors in both advertised and confirmed prices and will do so as soon as we become aware of any such error. However, every care is taken to ensure that we provide right figures.

In case such a situation arises, if you are required to pay more than 10% of the original holiday price, you will be entitled to cancel your holiday with the full refund of all the money paid to us except for fees paid for gorilla permits. Should you decide to cancel under these provisions, you must exercise your right to do so within 14 days of notification to you of the surcharge. We reserve the right to increase or decrease the prices of unsold holidays at any time.

SAFARI TERMS

Prices INCLUDE airport transfers; accommodation; meals as stated; the services of an English-speaking driver/guide and a 4×4 safari vehicle; portage of two items of baggage per person; boat trips; park fees; gorilla and chimpanzee permits where appropriate. Prices EXCLUDE all items of a personal nature such as entry visas, tips, telephone calls, laundry, gifts, airport taxes and all drinks. In Arusha, Kampala, Entebbe or Kigali the prices include bed and breakfast only. On safari the prices cover full board. The company reserves the right to vary the safari services agreed with the client in the event of unforeseen circumstances, such as road closures, bad weather, problems with national parks or hotels, security considerations. In such cases alternative arrangements will be made as circumstances permit.

TRANSPORTATION

We ensure that every person is entitled to a Window seat in the vehicle. 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. Our guides are instructed to follow our code of conduct for Guides (available on request), which you must not ask them to break in any way. In the event that a Guide does not follow the code, please inform the Safari Manager in Kampala. Company vehicles must only be driven by the company’s Guide whose decision on all matters, such as the route taken, is final. You will be liable for any damage caused to a vehicle by any interference by you with the vehicle, including legal costs. In case of breakdown, it’s our responsibility to rectify the situation. We can either withdraw the vehicle in question and replace it or if the breakdown is minor and can be rectifies, we reserve the right to do so.

VOLUNTARY EXECUTION

My advancement of a deposit to Eyalama Adventures Limited certifies that I have carefully read and fully understood the contents of the Terms and Conditions, especially those regarding cancellation and refund policies, limitation of liability, and responsibility borne by trip participants. On the advance of a deposit to Eyalama Adventures Limited., the depositor, his or her family and heirs agree to be bound by the above Terms and Conditions.