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GENERAL
Volcanoes Limited (the company) organises safaris
in Uganda, in Rwanda and in neighbouring countries.
Safaris may be organised by Volcanoes Limited
registered in Uganda or Volcanoes Safaris Limited
registered in Rwanda. Please read the Terms and
Conditions and the Travel Notes carefully as together
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 Volcanoes 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.
CANCELLATIONS BY US
Occasionally we have to cancel confirmed bookings.
We always endeavour to avoid cancelling, but we
must reserve the right to do so. We shall not
cancel your confirmed holiday less than 30 days
before departure unless you fail to make all payments
due in full and on time or 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 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. If we cancel
for a reason that is not mentioned in this clause,
we shall pay a maximum compensation of $100 depending
on the circumstances.
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 or your travel agent
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 price paid where applicable)
More than 45 days Deposit
44 days - 15 days 50%
Less than 14 days 100%
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 28 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.
CONSUMER PROTECTION
Volcanoes UK Limited sells only ground handling
services in Africa. It does not sell flights.
In accordance with the EC Directive on Package
Holidays, all clients directly booked with us
through the UK office are fully protected for
monies paid to us arising from cancellation or
curtailment of travel arrangements due to insolvency
through Bond Plus Protection insurance.
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, technical and/or
mechanical problems to transport, road closures,
disease and all similar events beyond our control.
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 endeavours to obtain
a refund and if a refund is paid by the relevant
authority, we shall pass it on to the client,
INSURANCE
Your attention is drawn to the section in the
Travel Notes regarding insurance. It is a condition
of booking that you must have, and must demonstrate
to us or your travel agent at the time of booking
that you have, appropriate insurance for the type
of holiday being taken with us. 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 either 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. Evacuation cover is
provided by Volcanoes for clients undertaking
a full safari package.
JURISDICTION
The principal company is incorporated in the Republic
of Uganda and it operates under the laws of Uganda.
Your contract with us and matters arising out
of it will be governed by the laws of Uganda save
for contracts made through our associated company
in the UK (Volcanoes UK Limited), which will be
governed by the laws of England and Wales.
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 authorised 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 authorised 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.
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.
Once the price of your holiday has been confirmed,
subject to the correction of errors, a surcharge
will only be payable if transportation costs,
taxes, accommodation costs or gorilla permits
increase in total to over 2% of the holiday price
(excluding insurance premiums). 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 any premium paid for insurance and 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.
PAYMENT
At the time of booking you must confirm acceptance
of these terms and conditions and pay a deposit
of 20% of the price of your holiday including
fees for gorilla permits plus any insurance premium.
(See also section on gorilla permits.) If written
acceptance is not received from you, we shall
assume acceptance of the Terms and Conditions.
The balance must be paid in full not later than
45 days before departure. Bookings made within
30 days of departure must be paid in full at the
time of booking. All monies you pay to one of
our authorised agents for your holiday with us
will be held by the agent on our behalf until
it is paid to us or refunded to you.
SAFARI TERMS
Prices INCLUDE airport transfers; accommodation;
meals as stated; the services of an English-speaking
driver/guide and a safari vehicle; porterage 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 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
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.July
2001
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