General
The booking conditions together with our private policy and where your safari holiday is booked via our booking platform our terms and conditions are of use together with other written information we brought to your attention before your booking is confirmed. Please read through them carefully as they set out our respective rights and obligations to your safari holiday booking.
By making a reservation, the first named person on the booking form agrees on behalf of persons detailed on the booking that:
Accuracy
We ensure that all the information and prices on our website or advertising materials that we issue are accurate. However, we reserve the right to correct / change the prices and other details in the endeavor to serve you better. In such circumstances before placing a booking, you must check the current price and other details.
Insurance and other standards
Every traveler must have the insurance appropriate for the safari holiday that he / she intends to embark on with us. Such insurance policy should fully cover personal injuries, repatriation in case of death or accidents, medical expenses, illness, cancellation of the holiday by either side, losses or damage and theft of client personal property, activities with great risks such as water rafting, animal attacks or tracking on foot, mountaineering etc., should be covered in the policy.
Fitness to travel and medical conditions
If a traveler or companion has a special need, a medical problem or disability please, he / she will be required to furnish Kent Tour Safari with the full details before a confirmation for the booking is made so that we can advise as to the suitability of your chosen safari holiday. In the event that we are unable to properly accommodate the needs of the Traveler in question, the booking will not be confirmed.
Paying for your safari holiday
To book your safari you will need to pay a non-refundable fee deposit of 10% of the total cost of your safari or the value of the game permits. If you are booking within 30 days of arrival full payment will be required at the time of booking.
The balance of the cost of your safari holiday, including any applicable surcharge will be due, in not less than 30 days prior to your scheduled arrival. Kent Safari Tours reserves the right to treat the safari booking as “cancelled by the Traveler” in the event of the Traveler’s failure to remit the balance in full and on time, in which case the cancellation charges will apply.
Scope
These terms and conditions apply to contracts for travel organizations and travel agents as defined by the Tourism Act of Uganda (Cap 200 of 2008) and other applicable Laws and Regulations of the Republic of Uganda, and in strict conformity to the world best practices.
Obligation to Provide Assistance
- Kent Safari Tours will give appropriate assistance without delay to the traveler in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance, and assisting the traveler to make distance communications and helping the traveler to find alternative travel arrangements
- Kent Safari Tours may charge a reasonable fee for such assistance, not exceeding the actual costs incurred, if the problem is caused intentionally by the traveler or through the traveler’s negligence
Liability of the Tour Operator (Kent Safari Tours)
- The Tour Operator is responsible for the proper execution of the contract in accordance with the expectations that the client may have under the provisions of the travel contract, and for the obligations arising from the contract regardless of whether such obligations are to be performed by himself or by other service providers and without prejudice to the right of the travel organizer to hold to account, the other service providers who may be party to the contract.
- The travel organizer is responsible for the acts and omissions of its employees and representatives acting in the exercise of their functions.
- If an International treaty applies to a service included in the contract, the responsibility / liability of the tour operator shall under that treaty be limited. As far as the tour operator does not itself provide the services in the travel contract, its liability for material damage and compensation for the loss of travel enjoyment is limited to twice the total price of the trip.
Liability of the Traveler:
The traveler is responsible for the damage that the tour operator and/or travel agent, their employees and/or their representatives have encountered by his mistake, and when he has not fulfilled his contract obligations. The error will be evaluated in accordance with the normal behavior of a traveler.
Complaints
- If the traveler has a complaint before departure, he/she must inform the travel agent / tour operator as soon as possible by registered letter or provide the tour operator / travel agent with the travel agent obliged to acknowledge receipt of the traveler’s complaint.
- Complaints during the execution of the contract shall be communicated as soon as possible on site, in an appropriate and cogent manner, in order to search for a solution.
- If a complaint is not satisfactorily resolved on site or if it was impossible for the traveler to formulate a complaint on the spot, he/she must not later than one month after the end of the travel contract contact the travel agent / travel organizer with his complaint by registered letter.
The Price
Prices in the catalogues shall be quoted in both Uganda Shillings and United States Dollars.
- The price agreed in the contract cannot be revised, except if it is explicitly mentioned in the contract, along with the precise computation method thereof, and to the extent that the revision is the result of change in;
- The exchange rates applied to the trip and / or
- Transportation costs, including fuel costs, and / or
- The charges for certain services and taxes. It thence must be satisfied that such changes will also lead to a reduction in the price
- The price specified in the contract may not be increased in any case within twenty calendar days prior to the day of departure
- If the increase exceeds 10 per cent of the total price, the traveler may terminate the contract without penalty. In this case, the traveler is entitled to reimbursement of all the amounts he/she has paid to the tour operator
Payment of the Price
- Except if expressly agreed otherwise, the traveler pays, at the signing of the order forms, in advance, a portion of the total amount as specified in the special conditions
- If the traveler after receiving notice of default fails to advance or pay the fare demanded of him, the travel organizer and/or travel agent shall be justified to terminate the contract with the traveler, with the costs being borne by the traveler
- Unless otherwise agreed in the order, the traveler pays the balance of the price not later than one month before the departure date, provided that he/she received written travel confirmation and / or travel documentation in advance or at the same time
Transferability of the Booking:
- The traveler may, before the start of the journey, transfer his/her journey to a third party who must meet all conditions of the contract to the travel organizer. The transferor must inform the tour operator on time, before departure, of this transfer
- The transferor and the transferee are jointly and severally liable for the payment of the total price of the trip and the cost of the transfer
Changes by the Tour Operator Prior to Departure:
- If, before the start of the trip, one of the essential points of the contract cannot be executed, the organizer is obliged to contact the traveler as soon as possible, and in any case before departure, to inform him about the changes
- The traveler must as soon as possible, and in any case before departure, inform the travel agent or tour operator of his/her position about the changes communicated to him/her
- If the traveler accepts the change, a new contract needs to be drawn up or an addendum has to be added capturing all the changes and their effect on the price quoted
- In any case the traveler is not in agreement with the changes, he/she may have the liberty to request for termination of contract prior to departure
Termination of Contract by Tour Operator Prior to Departure
- If the tour operator, before the start of the journey, breaks the contract due to a circumstance that is not attributable to the traveler, the traveler has the choice between;
- Either acceptance a new offer of a trip of equal or better quality without having to pay a top up, if the trip is offered in place of lower quality, the travel organizer must compensate for the difference in price, as soon as possible; or
- Refund, as soon as possible, all the payments that have been made at that time
- the tour operator cancels the trip because the minimum number of travelers stipulated in the contract and necessary for the implementation of the trip was not reached and the traveler, within the period provided in the contract, and at least fifteen calendar days before the departure date was informed in writing
- The cancelation is due to “force majeure,” where overbooking is not included. Force majeure denotes unusual and unforeseeable circumstances beyond the control of the party relying on it and from which the effects could not be avoided in spite of all the precautions
Guarantees for the Traveler
- The travel organizer is covered by a civil liability insurance contract in favor of the traveler for compensation for damages arising from breach of the obligations assumed with the contract.
- Organized tourism contracts are assisted by suitable guarantees given by the Organizer / travel agent that, for trips abroad and trips that take place within a single country, ensures, in cases of insolvency or bankruptcy of the organizer, the refund of the price paid for the purchase of the travel package
Governing Law – Place of Jurisdiction
The package and the travel contract are governed by all the applicable Laws and Regulations of the Republic of Uganda. Any dispute that may arise between the Parties regarding the validity, formation, performance, execution or termination of this Contract, shall be exclusively referred to the territorial jurisdiction of the Courts and other arbitration mechanisms of the Republic of Uganda.
DEFINITIONS
a) “Travel Service”:
- The carriage of passengers;
- Accommodation which is not an integral part of the carriage of passengers and is not for residential purposes or for long-term language courses;
- The rental of cars, other motor vehicles or motorcycles requiring a category a driving license,
- Any other tourist service which is not an integral part of one of the travel services referred to in points 1, 2 and 3.
- “additional travel service” means additional services, such as, but not limited to, the carriage of luggage, provided as part of the carriage of passengers; the use of pay car parks inside stations or airports; the carriage of passengers over short distances during guided tours or transfers between an accommodation facility and a travel station by other means; the organization of entertainment or sporting activities; the provision of meals and beverages; and cleaning provided within the accommodation; the use of bicycles, skis and other equipment of the accommodation facility or access to on-site facilities, such as swimming pools, beaches, gyms, saunas, wellness or spa centers, included for hotel guests; any other local additional service also according to local customs;
- “traveler” means any person who is seeking to conclude a contract, enters into a contract or is entitled to travel as per the terms of the contract
- “organizer” means a trader who offers for sale, travel packages, either directly or through another trader or together with another trader,
- “unavoidable and extraordinary circumstances” means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken
