G & C TOURS (U) LIMITED Terms & Conditions – The Contract
1) The client making such enquiries, seeking such advice, requesting such quotations or estimates and who signifies his acceptance of a booking does so on behalf of himself and persons under his authority which means that all are bound by the booking conditions as if they had individually made the application themselves and is deemed to have read, understand and accepted the booking conditions of G&C Tours Ltd. All bookings are made with G & C Tours Ltd Uganda (hereinafter referred to as “the Company “) and no person has any authority on its behalf to vary any of the terms and conditions which are applicable.
2) The client has noted that The Company’ conditions include a non-refundable deposit of 20% of the LAND arrangements cost, plus the full amount including taxes for the air travel portion (if relevant), plus full payment for any gorilla permits and chimpanzee permits – for each person if required when booking. This booking fee is accepted as part of the inclusive cost of the safari (except permits and air). Once a booking has been confirmed (upon the Agent’s request) these terms will apply to the Client.
3) The full amount due by the Client to The Company shall be payable not less than six weeks prior to the date of arrival into Uganda. Bookings made within four weeks of the safari start date must be paid in full immediately. If the full amount is not paid in due time, G & C Tours Ltd reserves the right to treat the booking as cancelled. Bookings made within four weeks of the departure date must be paid in full immediately.
4) If a booking is cancelled, then, over and above such cancellation fees as any airline may charge and for which the client will be liable, the following will apply: The Company shall retain the full deposit but any amount paid in excess thereof will be reimbursed to the client (except gorilla permits, chimp permits, and any airfare that may be deemed non refundable). Less than 42 days before arrival, The Company shall retain the full deposit and a cancellation fee will be payable equal to 40% of the land arrangements plus up to the full amount of gorilla permits, chimp permits, and any airfare that may be deemed non refundable. Less than 30 days prior to arrival The Company shall retain the full deposit and a cancellation fee will be payable equal to 65% of the land arrangement plus up to the full amount of the air ticket, gorilla permit, chimp permit. Less than 15 days prior to arrival The Company shall retain the full deposit and a cancellation fee will be payable equal to 100% of all travel arrangements. The Company reserves the right to and shall be entitled to cancel any tour or product sold prior to arrival, The Company shall be obligated to refund all amounts received by it and the client (except gorilla permits and chimpanzee permits, and any air portion, which are non refundable), who shall have no further claim of whatsoever nature against The Company arising out of such cancellation.
5) Should a client fail to join a tour, or fail to use the accommodation/services booked by the Company on their behalf, for any reason whatsoever, including delays for arrival flights in country, no refund or liability will be accepted if any accommodation or excursion is unavailable or the client is unable to use that service .Neither the company nor any person acting for ,through or on behalf of the company shall be liable for any loss or damage arising from any cause whatsoever without restricting the generality of the above shall particularly not be responsible for loss or damage arising from any errors or omissions contained in its brochure or other literature, late or non-confirmation of acceptance of bookings , loss or damage caused by delays , sickness, injury or death , whether occasioned by negligence or not. In addition the Company shall have the right to cancel any tour or the remainder thereof or make any alteration in route, accommodation, price or other details and in the event of any tour being rendered impossible, illegal or inadvisable by weather, avalanches, strike, war, government interference or any other causes whatsoever the extra expenses involved as a result thereof shall be the responsibility of the passenger. We reserve the right to and shall be entitled to cancel any tour or product sold prior to departure and in such case we shall be obligated to refund all amounts received by us to that time by the passenger, who shall have no further claim of whatsoever nature against the Company arising out of such cancellation.
6) Cancellation, curtailment, default, medical & repatriation insurance is compulsory for all G&C Tours Ltd bookings, and it is the client’s responsibility to arrange such insurance. It is strongly recommended that clients also take out insurance to cover emergency travel and accommodation, lost baggage and any other cover the clients deems fit. Other than compulsory insurance, the decision which insurance cover he/she obtains, is solely the responsibility of the client.
7) The client acknowledges that the itinerary specified, may be varied by The Company from time to time, without notice to the Agent or Client, at the discretion of The Company and provided the itinerary and price is not substantially different from the itinerary that the client anticipated enjoying, the Agent/client shall not be entitled to cancel the contract. Fare increases may occur inter alia due to any increase in airline tariffs, fuel costs, game reserve fees, or fluctuation of exchange rates. Should the group number fall below the minimum number required for the booking as specified at the time of booking, The Company reserves the right to re-cost the safari and raise a surcharge. Should any clients/agents refuse to accept and pay such surcharge, The Company reserves the right to cancel the tour and retain full payment.
8) Whilst the Company makes every effort to adhere to schedules it should be borne in mind that the Company reserves the right and in fact is obliged occasionally to change routes and camps on Safaris as dictated by changing conditions.
9) The client acknowledges that it is solely his/her client’s responsibility to ensure that he/she is possessed of the necessary travel documents that may be required in respect of the proposed tour and itinerary as well as all health and other certificates that may be required from time to time. G&C Tours Ltd will endeavour to assist the client but such assistance will be at G&C Tours Ltd’ discretion and the Client acknowledges that in doing so, G&C Tours Ltd is not assuming any obligation or liability and the client indemnifies G&C Tours Ltd against any consequences of non-compliance. G & C Tours will endeavor to assist the client in regard to required travel documentation, such assistance will however, be at the Companies’ discretion, the client acknowledges that in doing so, the Company is not assuming any obligation or liability and that nevertheless the responsibility to ensure that the aforesaid documents are in order and complies with such lawful and other requirements to enable the client to enjoy the benefits of the tour, remains the clients.
Updated May 2017
10) It is recorded that the contract may contemplate a tour/journey to an area(s) where the client may be exposed to danger and the Agent and client has agreed to execute a waiver of rights against G&C Tours Ltd, its principals and others as an integral part of these terms. The client (which shall be deemed to include the heirs, executors, administrators or assigns of the client) does hereby irrevocably waive and abandon all rights which the client may have against The company, in consequence of any loss, damage, illness, harm, injury, death or otherwise of whatsoever nature and howsoever arising which may be sustained directly or indirectly by the client in consequence of any act of omission or commission by G&C Tours Ltd or other in consequence of the conclusion of the contract and the client undertaking the tour/journey contemplated in the contract (which will comprise of these terms and the Booking Confirmation). In no way derogating from the foregoing, the client and Agent hereby indemnifies, holds harmless and absolves G&C Tours Ltd, its principals or others, from all and whatsoever claims which may be tenable by the client as aforesaid, irrespective of the nature thereof and howsoever arising.
11) The client agrees that he/she will at all times comply with The Company or others requirements in regard to his/her conduct, and he/she will not in any way constitute a nuisance to any other passenger on the tour. The Client realises that certain of the activities may attract certain risks or dangers and will require of him/her to be in good physical and mental condition, and the Client warrants that he/she is in such a condition, having checked with him/her medical practitioner. The Client agrees to obey at all times, any warning notices and instructions of the resort/hotel or Operator’s management and or person in charge of the activity. When the client is travelling with persons under his/her authority, he/she warrants that he/she is authorised to bind every member to the terms of the contract.
12) The client acknowledges that whilst as much care is taken as possible it is his own personal responsibility to take care of his personal possessions at all times and have travel insurance where appropriate. The Company will not be liable for any losses or damages that may occur whilst on safari.
13) The Company provides clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines and other ground handlers or lodges/camps etc. The Company represents such principals as agents only and accordingly accept no liability for any loss, damage, injury or death which any client may suffer as a result of any act or omission on the part of or the failure of such principals to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by such principals (which is often constituted by the ticket or voucher issued by the principal), shall constitute the sole contract between the principal and directly with the client and any right of recourse the client may have, will be solely against such principal. The Company reserves the right to increase the tour fares due to any increase in government taxes, airline tariffs, fuel costs, game reserve fees, or fluctuation of exchange rates.
14) It is recorded that the client has agreed to execute a waiver of rights against G & C Tours Ltd, its Principals and others as an integral part of these terms. The client does hereby irrevocably waive and abandon all rights which the client may have against and indemnifies G & C Tours Ltd, in consequence of any loss, damage, illness, harm, injury, death or otherwise of whatsoever nature and howsoever arising which may be sustained directly or indirectly by the client in consequence of any act of omission or commission by G & C Tours Ltd or other in consequence of the conclusion of the contract and the client undertaking the tour/journey contemplated in the contract (which will comprise of these terms and the Booking Form).
15) Any complaints as regard the tour must be made in writing within 21days of the finish date of the tour.
16) These terms constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the client acknowledges that he/she has not relied on any matter or thing stated on behalf of The company or otherwise that is not included herein. The Laws of Uganda will govern the relationship between the Client and G&C Tours Ltd.
17) Clients, who have special requests, must specify such requests to the G& C Tours Ltd in the Booking Reservation Form or other written communication. Whilst Wild Frontiers will use its best endeavours to accommodate such requests, it does not guarantee that it will.
18) No amendment cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of G& C Tours Ltd.
19) No refunds will be considered in any circumstances whatsoever. However refunds will be made in the event of death or hospitalisation of the Client, subject to the submission of an original death certificate or, in the case of hospitalisation, a medical certificate and certified copies of all hospital records and an affidavit from the hospitalised party. Please note that this only applies to the person who is hospitalised or who has passed away and not to the entire group. Of course adequate travel insurance should be taken to cover such eventualities as the first claim.
20) The Company will under no circumstances be liable for any claim whatsoever, unless such claim is due to the negligence of The Company and such claim is lodged in writing with The Company within 30 (thirty) days after the end of the tour.
21) Any payments due by the Client will incur interest from the due date at a rate 2% (two percent) above the prime rate charged by The Company’s bank.
22) Ugandan law and the jurisdiction of Ugandan courts will govern the relationship between the Client and G&C Tours Uganda.
23) The Client will be liable for all legal fees on an attorney and own Client scale in the event that The Company has to engage a lawyer to enforce any of its rights or otherwise.