ews terms and conditions, booking and payment, liablility, gorilla permit, place of jurisdiction, restrictions of liability, gorilla tracking, equatorial wild safaris, booking, deadline

We kindly request that you take time to attentively read the following Terms and conditions of Contract. The content is regularly adapted to current laws of the country that might have changed. Booking and confirming a safari with Equatorial Wild Safaris implies that you have clearly read, understood and accepted the terms and conditions herein explained.

General

EQUATORIAL WILD SAFARIS Ltd. (EWS) organizes all kinds of journeys within East Africa. The region EWS operates in comprises Uganda as the country of residence of the company, Kenya, Tanzania and Rwanda. The Democratic Republic of Congo can be seen as a potential further destination but at the moment the security situation is too vague to include it into the offers.

EWS additionally appears as an agency and procures the services of others such as travel operators, hotels, camping sites, lodges and other hire services.

Please consider with all bookings the holidays and main travel times etc. in the countries of destination.

Also be advised that the general standard of hygienic conditions, service and security in all African countries does not always match the ones in first and second world countries. Inspite of that, traveling in most parts of Africa holds no threatening risk.

1. General Conditions

Once a contract is agreed on, such that, you have registered for a journey or paid a deposit or the full amount on EWS’ bank account, the following conditions are committed to.

Terms of Contract that are not listed below but are agreed on have to be written and shared with all partners. Any changes or ineffectiveness of one or more Terms of Contract automatically lead to the ineffectiveness of the whole contract.

EWS reserves the right for unpaid changes in the travel-program.

2. Place of Jurisdiction

The headquarters of EWS are in Kampala Uganda and therefore the company is subject to the legislation of the Republic of Uganda only.
Since EWS also offers tours of other travel agencies as well as hotels, camping sites, lodges etc., in that case their individual conditions count.

3. Booking and Payment

Booking can be done in writing via e-mail, or by telephone.
The bases of every booking are concrete details according to the desired destinations and activities and about each person traveling, such as

  • - Number, names and age of all travel companions inclusive passport-data
  • - Address
  • - Telephone-numbers (e.g. mobile and land line) and e-mail address
  • - Duration of the journey
  • - Details to food in case of vegetarians or persons with special diets or allergies
  • - Relevant details to health conditions

EWS confirms the legality of all details according to tours and tour prices. In case of complications occurring because of irregularities or incorrect specifications EWS accepts no responsibility. By confirming a booking, the traveler agrees to a contractual relationship with EWS and a deposit of 50% of the total is required. The deposit is to be made immediately, latest after 5 working days by bank to bank money transfer. EWS only confirms the booking (travel contract) once the money is received.

Important: After the deadline expires, the contract is invalid and a new contract will have to be drawn.

The total amount should be banked on our account at least 8 weeks before the journey starts (banking information will be provided). In special cases the total amount will have to be paid immediately. Such are:

  • - Journeys during the main season (1st June to 30th of August and 1st of December to 30th of January)
  • - If Gorilla tracking only is booked
  • - Air travels
  • - Bookings that are made within less then 8 weeks before the start of the journey

After receiving the whole payment, our clients obtain a valid booking confirmation. Once the full payment is not given within the deadline, EWS reserves the right to disengage from carrying out the journey yet will ask for payment of the total.

4. Repayment

In case the journey was not carried out the way it was agreed on, the client has a right of repayment. However, the repayment can not be irrelative since otherwise EWS reserves the right to deny it. EWS also denies the repayment in those cases where the client did not insist on the failures of the contract during the journey and therefore did not give EWS a chance to correct them.

The repayment of the price for the Gorilla Permit is not or only limited possible due to the regulations of the Uganda Wildlife Authority (UWA).

Please compare here: Gorilla Tracking

Do also compare 6. Cancellation

5. Prices

All our offered prices do contain all services listed within each offer. Apart from that, they do include hidden services such as petrol, insurances, taxes, personnel, office and administration costs and those of third parties.
Those costs not included in the price have to be taken care of by the client. EWS reserves the right to raise the price agreed on in the contract due to certain conditions. These may include unpreventable and spontaneous raise of service prices which are beyond EWS’s control, such as:

  • - Fuel,
  • - Exchange rate of currencies,
  • - Official charges,
  • - Taxes,
  • - Hotel or accommodation.

The total will only be raised by the factors mentioned above and EWS will inform its guests either immediately or at least 3 weeks before the start of the journey. The client reserves the right to cancel the booking without payment of compensation in case the total is raised by more than 10%. Clients also reserve the right to receive an offer for an alternative journey of the same value.

6. Termination

6.1 On the Part of the Tour Operator

Cancellation of the contract on the side of EWS can happen due to the following reasons:

  • a. Acts of nature, e.g. natural disaster, legislative orders, terrorism, strikes, problems due to weather conditions,       outbreaks of epidemics, in case of war or similar conditions which do not allow traveling,
  • b. In case the minimum number of travelers is not reached.

In these instances we either offer an alternative journey or the full price will be refunded.

In case the contract needs to be annulled due to :

  • a. Incorrect or incomplete data of the travelers,
  • b. payments that are not done within the deadlines or not in the installments agreed on,
  • c. change of heart during the journey;

then no refund can be made, or then a refund will only be made after compensation is deducted. All additional costs need to be covered by the client.

6.2 On the Part of the Client

Cancellation of the contract from the client’s side is possible at any time before the journey starts. The termination has to be done in written and the deadline is determined by EWS’ reception of the notice. EWS reserves the right to ask for compensation. The following percentage of the total per person will be considered:

  • - Termination until 60 days before start of the journey     10 %
  • - Termination between 59 to 50 days before     20 %
  • - Termination between 49 to 40 days before     30 %
  • - Termination between 39 to 30 days before     60 %
  • - Termination between 29 to 20 days before     75 %
  • - Termination between 19 to 10 days before     90 %
  • - Termination between 9 to 0 days before        100 %

Due to special wishes of the guests that may have been considered during the arrangement and calculation of the tour, these percentages are not standard and could change since services of third parties may be involved.

EWS offers to change one’s reservation in case one client can not travel and wants to send another client to take over the contract.

Additional costs that might occur have to be taken care of by either the old or new client. EWS reserves the right to deny this form of change of reservation due to security reasons, official regulations or orders. In all cases of changes of reservations, a general fee of 50$ or about 45€ has to be paid. We advise all clients to get holiday cancellation insurance etc. before starting the journey.

7. Liability

All claims to liability have to be communicated within a deadline of 30 days after the completed journey. The claims have to be forwarded in written form and the date of reception will be considered by EWS. Once the deadline is over, the client can only communicate the claims after proving that there was an acknowledged obstacle that prevented the communication of the claims within the deadline. All opportunities to bring up claims expire after one year.

EWS takes the liability for:

  • - A thorough and professional organization of the journeys,
  • - The accuracy of all services mentioned in the offer,
  • - Organization, reservation and availability of all services agreed on in the contract,
  • - Fulfillment of the contract and planned course of events,
  • - The careful and tested choice of the services of third parties,
  • - Completion, security and functionality of the agreed equipment used.

8. Restrictions of Liability

In case the Terms of Contract are not met, the amount guaranteed can not exceed the maximal amount of the total price of the journey. No personal injuries are included.

Cases in which EWS can not be held liable:

  • - Where EWS is just an agent for third parties, airlines included,
  • - Accidents or death during sport activities such as mountain climbing, biking, motor-biking, diving, rafting, trekking etc. as agreed on in the tour or done in private,
  • - The traveler takes harm which was not on purpose or negligent.

Thanks once again for your interest in traveling with EQUATORIAL WILD SAFARIS.