Standard Terms and Conditions of Contract.

APPLICATION

All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Timu Grand Africa Safaris are subject to these terms and conditions. This applies to bookings made on the Company’s website as well as bookings made by email or over the counter.

THE CLIENT AND AUTHORITY

The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).

THIRD PARTY SERVICE PROVIDERS

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. The Company represents such principals as agents only and accordingly accepts no liability for any loss, damage, injury, or death which any Client may suffer as a result of any alteration, act or omission on the part of or the failure of such principals to fulfil 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 issued by the principal), shall constitute the sole contract between the principal and the Client and any right of recourse the Client may have, will be solely against such principal.

BOOKING, DEPOSIT & RESERVATION

When making Bookings the Client must provide the Company with the traveler’s first names and surname that correspond with the details on the passport. Any discrepancies between the Booking names and the names in the passport could lead to deportation or refusal to allow the traveler to board a flight.

For group tours, packages, foreign individual tourist (FIT) travel, day trips and vacations advertised with estimated prices on the Company’s website, the Client will be required to request a Quotation on the Enquiry form, or by email before completing a Booking form on-line.

For tailormade tours which have been designed to the Client’s own specifications, and for which estimated prices are not advertised on the Company's website, the Client will be required to request a Quotation on the Enquiry form, or by email before completing a Booking form on-line.

Once the Client has filled in the Enquiry Form, or communicated the enquiry to the Company by email, the Company will prepare and provide the Client with a Quotation for tailormade tours, day trips, packages and/or group tours for which a price estimate may/may not be stipulated on the Company’s website, to the Client’s stipulated email address.
All bookings must be made through an authorized representative of the Company.

At the time of booking the Company booking form must be completed and submitted together with a deposit of 50% of the total cost of the booking. The Company reserves the right to notify you of any increase in price before accepting your booking.

The Company will only make the Provisional Booking once the deposit has been received and reserves the right to cancel any reservation if the deposit is not received within 7 (seven) calendar days of the date of the reservation, which date will be deemed to be the date when the signed Quotation is received by email or accepted on the Company's website. Upon receipt of the Website Booking Form, duly completed and signed on the Company website or through email, and accompanied by the Deposit, the Client will be deemed to have confirmed all the information pertaining to the Client’s booking as correct and the Company will, subject to availability, make the necessary arrangements to secure the Provisional Booking. An Invoice will be sent to the client after acceptance of the Quotation.

Upon receipt of the Deposit, the Company will issue the Client with a Provisional Booking. There may be circumstances beyond the control of the Company which may result in it being unable to confirm the Provisional Booking at the time of receipt of payment into its bank account. In such instances, it will be clearly communicated to the Client in writing that the Provisional Booking is not yet confirmed. Should the Company be unable to confirm the booking within 14 days of receipt of the deposit, it will give the Client the option of booking another tour or package (as appropriate) with the Company or cancelling its booking and receiving a full refund of the Deposit. Besides these specified remedies, the Company shall have no further liability to the Client.

All special requests, such as dietary requirements, should be noted on the booking form. The Company will then provide the services as set out and confirmed in writing.

PAYMENT AND PAYMENT TERMS 

The Company does not accept any payments in cash without prior agreement in writing and will not dispatch any tour guides and vehicles to Client pick up points unless payment has been received in full as specified hereinafter.

For Group Tours, the Tour price for which the Client has made a Booking, in full, is due not later than 60 calendar days prior to departure or commencement of the tour or arrangement. In the case of Tailormade Tours or Packages which are booked more than 30 (thirty) calendar days prior to their commencement dates, the balance of the Company's Tour Price for them must be paid in full no later than 31 (thirty) one calendar days before the starting date of the tour.

However, under certain circumstances and with certain Group Tours, Tailormade Tours and Packages, these payment terms maybe relaxed and/or changed. Timu Grand Africa Safaris will send agreement to such in writing or email. Telephone agreements or arrangements will only be adhered to or accepted when such telephone arrangements are confirmed in writing and receipt in writing thereof is confirmed by both Timu Grand Africa Safaris and the booking party.

If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account, or the Company may cancel the Booking. The Company reserves the right to charge the Client interest at a rate of 3% above the prime rate charged by the Company’s bank in the Republic of Uganda on any payment made after the due date.

DAY TRIPS

For day trips, whether an individual day trip or a series of day trips, Bookings must be confirmed, and payment must be made to the Company at least 72 (seventy-two) hours before the departure of the day trip, tailormade tour, package tour or group tour. If payments are not made in time, the Company may not be able to reserve tour guides or vehicles. Credit card payments require 48 (forty-eight) to 72 (seventy-two) hours before payments are cleared and deposited into the Company’s bank account. Forex transfers (wire transfers) are usually only cleared and deposited into the Company’s bank account after 3 (three) to 5 (five) business days. Any booking will remain in provisional status until paid in full.

No booking of any trip is confirmed unless payment is received in full. Timu Grand Africa Safaris reserves the right to give preference to bookings that are paid up over provisional unpaid bookings and therefore if client delays payment, they run the risk of losing the availability of the tour to them. However, Timu Grand Africa Safaris can confirm bookings on receipt of part payment if such is agreed by Timu Grand Africa Safaris in an email relating to a specific tour and such an agreement is binding.

Third party properties and suppliers booked as part of a tour or package are subject to the terms and conditions of the suppliers of the services booked. Where such terms and conditions are materially different from the Company's own Standard Terms and Conditions, this will be specified in the Invoice. The Company will, on written request, provide a copy of the supplier's terms and conditions.

PRICES

Note that the Company reserves the right to amend the Tour Price if an unreasonable time lapses between the date the Quotation is submitted to the Client and the date the payment of the Tour Price is received in its bank account. Furthermore, prices are quoted at the ruling daily exchange rate and based on hotel, airfare, and other relevant services prices on the date of the Company’s quote. Until the Company has received payment of the Tour Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand.

Any refusal to pay the additional charge due to fluctuations will be regarded as a cancellation by the Client and the Client will be liable for the applicable cancellation fee as set out herein. However, once payment of the quoted and confirmed Tour Price in full is received, the Tour Price is guaranteed. Should it be a booking involving a group of travelers and the group number deviates from the number specified for the Booking, The Company reserves the right to re-cost the Tour Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain any payment made. The Client is responsible for checking for any changes in pricing prior to effecting a full and final settlement of the Tour Price.

TAXES AND SURCHARGES

Where possible airport and airlines taxes and surcharges are reflected in all prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore, it is important that you check with the Company prior to departure from your country, what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for.

CANCELLATION AND CHANGES BY THE COMPANY.

Occasionally it may be deemed necessary to make changes to your holiday and the Company reserves the right to do so at any time, and you will be notified of any changes at the earliest possible time. If a major change to your tour is necessary, providing it does not arise from circumstances beyond the Company’s control, you may choose (i) to accept the change of arrangements (ii) to purchase another tour package from us or (iii) to cancel your tour. Compensation may be payable in cases of major change as detailed below.

No compensation will be payable for minor changes. Minor changes include minimal changes to departure and arrival times, changes to the type of aircraft used and restaurant and accommodation changes to a comparable or superior standard.

Major changes include cancellation, changes to your airports, delays in departure or return by more than 12 hours and accommodation changes to an inferior standard of accommodation.

Compensation will not be paid for changes or cancellations caused by Acts of God (Force Majeure), war, threat of war, riot, civil strike, industrial dispute, terrorist activity, natural or man-made disaster, fire, technical problems to transport, closure or congestion of airports, strikes or other industrial action, adverse weather conditions or any other event beyond the Company’s control. It is essential that you take out adequate travel insurance.

The Company reserve the right to cancel your tour at any time before the date of departure, even after a confirmation notice has been sent. If your holiday is cancelled the Company will refund in full the money you have already paid. No compensation will be payable.

Transportation is subject to the conditions of carriage of the carrier, some of which may limit or exclude liability. These conditions are often the subject of international agreement between countries and copies of the conditions, which apply to your holiday journey, will normally be found on the carrier’s tickets.

If you fail to pay the balance of the tour price at least 30 days before departure, the Company will treat the booking as cancelled and levy the cancellation charges set out below

The company also has the right to refuse any person as a member of the tour, if in their opinion that person could endanger the health, safety, and enjoyment of others on the tour. In any of the events mentioned above, the company’s sole liability and the client’s sole remedy will be limited to a refund of any monies paid, less the amount for services already utilized plus administrative fees.

CANCELLATION AND CHANGES BY CLIENT(S).

We regret we cannot pay any compensation for expenses, costs or losses incurred as a result of any cancellation. We advise that you obtain travel insurance to offer you cover against such eventualities.

You may cancel your tour at any time providing you notify the Company in writing. The following charges will be levied on any cancellation, putting the current COVID-19 Pandemic in the context:

• 30 days or more 30% of Deposit
• 15 – 30 days 50% of Deposit
• 8 – 15 days 30% of Tour Cost
• 1 – 7 days 50% of Tour Cost

After the itinerary is confirmed, the client is permitted free of administration charges one set of amendments, though will be liable for any added cost this may add to the tour, including airline charges, hotels etc. Any further modifications, which are instigated by the client, will incur additional charge due to communication and administration expenses that may have incurred.

COMPANY RESPONSIBILITY

 All tours are booked on the express condition that The Company, its employees, and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, death, delay, or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur. The Client indemnifies and holds harmless the Company, its employees, and agents accordingly. The Company, its employees and agents shall furthermore not be liable for any consequential or indirect loss or damages whatsoever.

The Company does not own or manage the aircraft, accommodation, restaurants and other facilities used in conjunction with the tours arranged. While the Company has exercised care in selecting providers of travel, accommodation, restaurants and other facilities, the Company have not had the opportunity to inspect and do not represent that such aircraft, accommodation, restaurants, and other facilities and services have been inspected. Whilst every supplier is chosen with utmost care, the company does not assume liability for errors or omissions of such suppliers. These independent contractors include transporters who may be sourced to transport you to your safari destinations, hotels for your accommodations, boat owners and any other supplier of services on your safari. 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.

The Company is not responsible if you or any member of your party suffer death, illness or injury as a result of any failure to perform or improper performance of any part of our contract with you where such failure is attributable to (i) the acts and/or omissions of any member of the party, or (ii) those of a third party not connected with the provision of your tour, or (iii) an event which neither the Company or the service provider could have foreseen or prevented even with due care.

Should any member of your party suffer illness, injury or death through misadventure arising out of an activity, which does not form part of the holiday the Company has arranged for you the Company cannot accept liability. The Company will offer general assistance where appropriate.

The Company regret that no refund will be made on unused tickets where travel, sporting event or other types of ticket, unless a refund can be obtained from the carrier or provider.

CLIENT OBLIGATIONS.

It’s your duty to equip yourself with all documentation and relevant material to enable you travel to and within the country of your safari choice. It is advisable that you obtain further counsel from your travel advisors/agencies for purposes of acquainting yourself with the necessary information that will guide you as you embark on your safari. The company shall not be bound for any denials of entry or stay in the country of your safari choice.

Any special dietary or medical conditions should be communicated to us at the booking of your safari.

Your safety while on safari is paramount. We advise that you take caution and follow instructions from the guides and rangers to avoid harm or injury.

You are expected to conduct yourself in a manner that will not attract any civil or criminal sanctions while on your safari. The company reserves the right to terminate your safari with the company should your behaviors cause inconveniences to other members on travel or even to the ecosystem.

You are responsible for arranging your own travel insurance, though an appropriate policy can be incorporated into your tour package. Details of all insurance policies held by each member of your party must be provided on the booking form. No booking forms can be accepted without sufficient proof that personal policies have been arranged. Please ensure that your insurance cover applies to the specific activities you are booking, and which are confirmed on the Confirmation Invoice.

Each member of the party must have a valid passport, visas and all necessary documentation for the countries they are touring. The Company accept no responsibility for any delay or expense should your documents not be in order.

You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Company cannot accept responsibility for clients missing flights because of late check-ins and no credit or refunds will be given if you fail to take up any component of your tour. No credit of refunds will be given for lost, mislaid, or destroyed travel documents.

By booking a tour with our Company, you undertake to behave in an orderly manner and not to disrupt the enjoyment of others on holiday with you nor to do anything to bring the reputation of the Company into disrepute. If you breach this clause your tour will be terminated with immediate effect and the Company will have no further contractual obligation to you. The Company will be entitled to recover from the offending party and/or the person who signed the booking form compensation for any damage caused.

It is the responsibility of the person who signs the Booking Form to disclose any pre-existing medical conditions that members of their party may have.

All equipment and personal effects shall be all times and in all circumstances at the owner’s risk. The Company cannot accept responsibility for any loss or damage or delay to your luggage or effects unless directly caused by the negligence of one of our representatives.

The Company forbids smoking in any vehicle operated by the Company. Frequent stops can be arranged for those who desire to smoke. All accommodation will be reserved with non-smoking rooms unless the client specifically requires a smoking room. Confirmation is depending on hotel availability.

The Company will undertake to ensure the safety of the client throughout the tour, however aspects of each particular tour may not be without an element of danger. Clients should be prepared to sign a ‘Waiver of Responsibility’ form before they begin their tour. This form is an understanding that all clients need to always exercise judgement and care to ensure their own safety and that of their fellow tourists.

TRAVEL AND MEDICAL INSURANCE

It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident, injury or other causes. Personal accident, emergency evacuation and repatriation and personal liability cover as well as for loss of or damage to personal belongings are also strongly recommended. The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which the Company does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.

TRAVEL DOCUMENTS

Documents (vouchers, itineraries etc.) are only prepared and released on receipt of payment of the Tour Price in full and once the Company’s bank has cleared the funds. In the case of late bookings, the Company will release the documents as soon as possible. In certain circumstances it may only be possible for internal and regional air tickets and or hotel vouchers to be handed to the Client on arrival to the destination, by the Company.

PASSPORTS, VISAS & HEALTH

 It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for at least six months after return to home country and that any vaccinations, inoculations, prophylactics (e.g., for malaria) and the like, where required, have been obtained. Please check the requirements with the Company and your medical doctor before travelling. The Company will endeavor to assist the Client, but such assistance will be at the Company's discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company against any consequences of non-compliance.

HEALTH, MALARIA AND OTHER TROPICAL DISEASES

Where certain parts covered by your itinerary are areas where there is a risk of malaria and other tropical diseases, we strongly recommend that the necessary precautions be taken in this regard. We recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination.
No clients will be accepted on a tour or be permitted to continue with a tour while their mental or physical health is, in the sole and unfettered discretion of any representative of the Company, such as to make them incapable of caring for themselves or making them a hazard to themselves or other guests. The Company will not be responsible for any cost incurred or any refund to such person, should it decide to terminate their participation in the tour for any of the reasons specified herein.

WILD ANIMALS

Please be aware that safaris and game drives may take you into close contact with wild animals. Attacks by wild animals are rare, but because their behaviors is unpredictable no safari or game drive in a game reserve, park or into the African wilderness can guarantee that this will not occur. Neither the company, nor their employees, or agents can be held responsible for any injury or incident on the safari.

MARKETING AND PHOTOGRAPHY

The Company reserves the right at its sole discretion and without notice to use photographs and film taken by the Company's representatives or photographers on any of its tours and packages on its website and in its brochures. The Company will not be obliged to make payment to any guest for the use of any photograph. Photographs of a compromising nature will not be taken or used. Any client who has an objection to this should inform the Company in writing in advance of the tour that he/she does not wish to be photographed or filmed for such purposes.

AMENDMENT FEES

An amendment fee of 20 USD per booking amendment will be levied for any changes to the confirmed itinerary. Changes will only be affected, if it is possible to make the amendments requested by the Client. This charge is levied to cover administration expenses involved. Please note that where other service providers are also involved in the booking, they may levy their own amendment fee, which will be payable by the Client. Credit card payments may incur a fee for cancellations, which fee will be for the Client's account.

BOOKING ON BEHALF OF A GROUP, LEGAL ENTITY OR ANOTHER PERSON

For legal reasons, if the Client is making a booking on behalf of a Group, legal entity or another person, he/she should ensure that a written mandate or resolution authorizing him/her to make and confirm the booking is obtained before making the booking. Failure to do so may result in travel documents and vouchers being delayed, and/or all bookings being cancelled and/ or payments being forfeited.

The Client will also be required to acknowledge on the Company’s website or through email, that he/she is duly authorized to make the booking on behalf of another person, group or legal entity as per the conditions of this clause.

The Client will be held personally liable in the event that such authority is not verified by means of a written mandate or resolution and is not acknowledged on the Company’s website or through email.

BOOKINGS MADE BY A LEGAL MINOR

If the Client is under the legal contracting age of 18, his/her parents will be required to co-authorize the booking and its confirmation, with the Client, on the Company’s website or through email.

ENTIRE CONTRACT 

The Conditions constitute the entire terms of the relationship between the parties. No other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship exist and the Client acknowledges that he/she has not relied on any matter or anything stated on behalf of the Company or otherwise that is not included herein.

UNSCHEDULED EXTENSIONS - In the unlikely event of there being unscheduled alterations to the itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Company, its agents, or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc.) will be for the Client’s account.

ITINERARY VARIATIONS & TRANSFERS

While every effort is made to keep to all published itineraries, the Company reserves the right to make changes for the Client’s convenience e.g., in some cases, weather conditions can necessitate an alteration in the tour itinerary, and this does not constitute any reason for refund.

DISPUTE RESOLUTION

Any and all disputes arising out of or in connection with the standard terms and conditions, including any question regarding its existence, validity or termination, shall be dealt with as follows:

Firstly, the managing director or equivalent of either party, or the managing director, or equivalent, and the Client, will within 5 (five) working days of the dispute arising make an attempt by telephone or email to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation. The mediator will be an independent third party mutually agreed upon and, must be appointed within 5 (five) days of their failure to resolve the matter amicably.

The mediation itself must take place with a further 5 (five) days from the date the mediator is appointed. Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Uganda within 2 (two) days of the failure to resolve the dispute by the intervention of a mediator.

The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties.

All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement.

The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations related to the subject matter of such proceedings. All arbitration proceedings shall be in the English language.

Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such application. The Laws of the Republic of Uganda shall govern any safari arrangements with the company.

CONFIDENTIALITY.

The Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis.

DISCLAIMER.

The Company has made all reasonable efforts to check the accuracy of the information contained in our website. The Company cannot however accept any responsibility for any errors or omissions that may appear in the company website.