TERMS AND CONDITIONS, PRIVACY POLICY
- GENERAL INFORMATION
Mission Africa Safaris Limited (the company) helps run safaris in DR Congo, Uganda, Rwanda, Kenya and Tanzania. Read through these Terms and Conditions in order to understand our respective obligations that form the basis of our contract with you. In these terms and conditions, “you” means all mentioned/included in the booking including those substituted or added later on. The term “we” and “us” refers to Mission Africa Safaris. Due to changing circumstances, these terms and conditions may be amended. However, the terms at the time of booking remains valid. The conditions in many parts of Africa are not the same or as stationary as that in many developed countries. The medical facilities, standard of service, safety and security may not be of the same level as those in developed countries. It is the laws and regulations of the countries where you would be traveling that are applied and not of your country.
- INFORMATION ACCURACY
The information, descriptions and opinions regarding the accommodations, national parks, animal sighting, itineraries, security and gorilla permits have been given in good faith based on information available to us at this point in time. Care has been taken to ensure that the information is updated and accurate. We cannot accept any liability or responsibility for any omissions or errors caused by matters beyond our control.
- ACCOMMODATIONS
We recommend and reserve the best accommodation available at a reasonable price unless a specific accommodation is requested. The hotel booked must have good services, a private bath and hot water. Our prices are based on two people sharing a double or a twin-bedded room. We reserve the right to substitute with hotels of equal or superior quality. Traveling alone is generally more expense but we make every effort to arrange a suitable room for single clients baring in mind the cost.
- CANCELLATIONS
4.1 Cancellations by us
There are occasions when circumstances force us to cancel confirmed bookings. We try to avoid this happening but we reserve the right to do so. Cancellations occur as a result of unusual and unforeseeable circumstances that are beyond our control. Moreover any cancellations are only possible if the unusual circumstance could not be avoided in any way by us. We shall offer you the opportunity to choose another holiday that is similar in standard and length to the one originally booked. This opportunity is not offered to you if the cancellation was a result of failure to make payment or as a result of force majeure. Should it be that the chosen alternative is less expensive, we shall refund the difference. If the chosen alternative is more expensive than your original holiday, we shall ask you to pay the difference. If the alternative is not suitable to you, then you are entitle to a full refund of all monies you have paid to us except for the gorilla permits which can only be refunded if the refund has been made available to us. We shall have no further liability to you for any cancellations by us for reasons other than those mentioned in this clause. We regret that we cannot pay any costs, expenses or losses incurred as a result of any cancellation.
We reserve the right to terminate the holiday of any person in your group without prior notice if in our opinion or in the opinion relevant authorities, the persons concerned behave in ways that could cause annoyance, danger or distress to another party or damage to property. In such a situation, we will require that the persons concerned leave the service or accommodation. No refunds will be made to such persons and we shall not pay any costs or expenses incurred as a result of the termination. We will have no further responsibility towards such person(s).
4.1 Cancellations by you
If you or a member/s of your group is forced to cancel a booking, you must do so in writing to us. Until we receive a written notice, a cancellation is not effective. We may not be able to resell your holiday to cover for the estimated loss caused by your cancellation and as such a cancellation fee (excluding insurance) will be levied per person. The cancellation fees are based on the date we received your written notification at Mission Africa Safaris Ltd.
The cancellations received will be subject to the following cost:-
- 101 days and above – 30% of tour cost
- 61-100 days – 40% of tour cost
- 46-60 days – 60% of tour cost
- 16-45 days – 90% of tour cost
- 0-15 days – 100% of tour cost
- COMPLAINTS
Any complaints about the services offered must be reported as early as possible to the supplier of the services and our Representative so that we can resolve the problem promptly. Should you remain dissatisfied, write a report to the Tour Manager in our Kampala office not letter than 20 days after the completion of your holidays to allow us do our investigations fully. Regrettably, we are not liable for any complaints received too late or without following the right procedures.
- FORCE MAJEURE
We regret that we cannot accept liability or pay compensation where the proper performance of our obligations is prevented/ affected by any event which we or the supplier of the service(s) in question could not, even with all due care, avoid or foresee. Such events include civil strife, riots, border closures, epidemics, pilferage, quarantines, unexpected government actions, terrorist activities, fire, road closures, extreme weather conditions, war or threats of war, industrial disputes, natural disasters, dangers coming from the sea, land and air travel, and other similar acts or incidents beyond our ability to control.
We often book/reserve accommodations, transportation, restaurant and other services from different suppliers who are independent and not subject to our control. We therefore cannot be liable for any personal injury, damage to property, death or other loss that may occur due to the actions or omissions of a supplier or by reason of any other event over which we have no control.
Tariff and foreign exchange rates increase or decrease from time to time and for this reason, we reserve the right to revise our US Dollar prices without notification. We also reserve the right to alter the agreed itinerary including ending a tour if we deem it necessary and to pass on new expenditures or loses as a result of unforeseen delays or events to tour members.
Optional activities may be available at some of the places you go to depending on the itinerary you have chosen. Getting involved in these activities may carry with them the inherent risk of personal injury. These activities include, but are not necessarily limited to canoeing, nature walks, white-water rafting, using boats, chimpanzee tracking, gorilla tracking, balloon tours and mountain climbing.
You are free to take part in the above activities but your personal safety cannot be guaranteed. Participation in the above activities is at your own risk and we assume no responsibility for your safety.
- GORILLA PERMITS
Permits for gorilla trekking can only be purchased when payment is received. Having a gorilla permit is not a guarantee of seeing the gorillas because local conditions can make access to the gorillas impossible on short notice. There is a 98% chance of seeing the gorillas. We cannot accept liability for circumstances that may lead to the cancellation of gorilla watching, whether it is the security situation, closure of borders or the National Park or absence of the gorillas. Any refunds are made at the discretion of the relevant authority and we cannot accept liability. We shall do everything in our power to obtain a refund from the relevant authority and pass it on to the traveler/client.
- PHOTOGRAPHY ON SAFARI
We reserve the right to take photos of our clients to use for commercial promotion of our tours. Individuals who do not wish to have their images used are required to identify themselves at the start of the tour.
- INSURANCE
Before taking your holiday with us, It is advisable that you organize appropriate insurance for the specific kind of holiday to be taken. Such insurance should fully cover personal injury, death, repatriation in the event of accident or illness or death and all medical expenses. Furthermore, the insurance should include coverage for any cancellation or curtailment of the holiday, damage to or theft of property. Risky activities like mountaineering, white-water rafting and tracking animals should be covered. Mission Africa Safaris only covers for the evacuation of clients on a full safari like yours.
- JURISDICTION
Mission Africa Safaris 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) our employees, suppliers, sub-contractors and other agents carry out our obligations with due care under the contract; and (b) all that activities and services are supplied as agreed at time of booking and to a reasonable standard. We accept responsibility for what our agents, suppliers, sub-contractors and employees do or do not do (provided they were at the time carrying out work authorized by us). If you raise a complaint following the procedure set out in the terms and conditions regarding any part of your holiday that was not provided to an acceptable standard and as agreed, we shall pay you appropriate compensation. This acceptance of responsibility is generally subject to these Terms and Conditions and the clause relating to “Force Majeure” above. Our maximum liability in respect of complaints (except where personal injury, illness or death results, or where claims relate to damage or loss to luggage or possessions, which are described 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 none of the services contracted have been provided and the person affected did not benefit from the safari holiday. Liability for damage or loss to personal possessions (including money) or luggage will be compensated to a maximum of US$50 on the basis that the traveler/client is assumed to have taken out insurance cover in respect of such losses at the time of booking.
We will take all due care to prevent your injury, illness or death being caused by the insect life or animals of the particular destinations. It is your responsibility to take proper practical and medical precautions and your attention is drawn to the section in the Travel Notes relating to Health. You should seek medical advice should well before traveling. We accept responsibility subject to these Terms and Conditions, should you or any of your party suffer, illness, personal injury or death as a result of improper performance of the contract by any of our suppliers, agents, sub-contractors or employees (provided they were carrying out work authorized by us) except in the following situations. We will not be liable where any improper performance was due to: (i) an event which we or the supplier of the relevant services could not have avoided or foreseen even with all due care. (ii) The omissions or acts of a third party not connected with the provision of the holiday under the contract and which were unavoidable or unforeseeable. All claims must be brought to our attention following the complaints procedure set out above. Any person to whom any payment is made (and their guardian or parent if the traveler 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 mental and physical health is important to fully enjoy outdoor tours. While on your tur, you may move in remote rugged areas and away from good medical facilities. Trekking in particular requires that you be in good physical condition.
By booking with us, the traveler certifies that she/he does not have any condition of disability (physical or otherwise) that would endanger her/him or other travelers. It is important that clients notify our staff and in advance of travel if they have a medical condition that requires regular treatment. The same rule applies to those with specific allergies, particular foods and any other medical condition that may be affected by vigorous activity, heat, high altitude, cold or other natural phenomenon.
We assume no liability for any special dietary requirements nor any medical care if not notified in advance.
- PAYMENT
You should confirm acceptance of these terms and conditions at the time of booking and pay a deposit of 40% of the price of your holiday including fees for gorilla permits. We shall assume acceptance of the Terms and Conditions if we do not receive a written acceptance from you at the time of booking and making the initial deposit. The balance must be paid before arrival or at the start of the safari. We reserve the right to request the full payment at least 30 days before start of the safari.
- BOOKINGS/PRICES/QUOTATIONS
Before confirming a booking, ensure that the quotation given is accurate and clear with all details of dates, accommodation, transportation, number of clients, park fees, permits and all services to be provided. All references to quotations in writing shall include reference to correspondence by facsimile and electronic mail. At the time of booking, there will be a confirmation of the price of the holiday chosen. We reserve the right to correct any errors in both confirmed and advertised prices as soon as we notice any such error. We shall however that every care is taken to provide the right figures.
- SAFARI TERMS
Prices INCLUDE the services of an English-speaking guide/driver and a 4×4 safari vehicle; airport transfers; ; portage of two items of baggage per person; meals as stated; park fees; government taxes; chimpanzee and gorilla permits where applicable.
Prices EXCLUDE all items of a personal nature such as telephone calls, tips, laundry, airport taxes, gifts, and alcoholic drinks. The prices cover full board while on safari. We reserve the right to change the safari services agreed with the traveler in the event of unforeseen circumstances, such as insecurity, bad weather, road closures and problems with hotels or national parks. Alternative arrangements will be made in such cases if circumstances permit.
- TRANSPORTATION
We shall endeavor to ensure that the safari vehicles used are comfortable and in sound mechanical condition but no liability can be accepted for any damage, breakdown or delays. Every person is entitled to a Window seat in the vehicle. Our guides/drivers are required to follow our code of conduct for Guides which you must not ask them to break in any way. The company Guide is the sole driver and final decision maker on all matters, such as the route to be taken. Any interference by you with the safari vehicle makes you liable for any damage caused, including legal costs. It’s the responsibility of the company guide to rectify all situations including any breakdowns. In the case of vehicle breakdown, the company Guide can either rectify it or we can withdraw the vehicle in question and replace it – We reserve the right to do so.
In the event that a Guide does not follow the code of conduct (available on request), please inform the Tour Manager at the head office in writing.
- VOLUNTARY EXECUTION
My advancement of a deposit to Mission Africa Safaris certifies that I have carefully read and fully understood the contents of the Terms and Conditions, especially those regarding responsibility borne by trip participants, cancellation and refund policies and limitation of liability. On the advance of a deposit to Mission Africa Safaris Limited, the depositor, his or her family and heirs agree to be bound by the above Terms and Conditions.
