ACCURACY OF INFORMATION
The information and opinions we offer regarding National parks Flora and fauna sightings, accommodation, itineraries, primate trekking permits, destinations and security are based on the latest information availed to us. We are mandated to provide accurate information. We cannot accept any responsibility or liability for any errors or omissions caused by matters beyond our control.
EBS Tours & Safaris packages safaris in Uganda and in Rwanda. The terms and Conditions set out our obligation as 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 EBS Tours & Safaris. These terms are amended from time to time due to varying circumstances. It is key to note that the terms at the point of booking are the valid terms.
Upon booking, the first contact on the booking (the lead name) agrees on behalf of all persons detailed on the booking that:
- They have read these terms and conditions and do agree to be bound by them;
- They consent to our use of information in accordance with our Privacy Policy;
- They agree to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto;
- They are over 18 years of age and where placing an order for services with age restrictions declares that all members of the party are of the appropriate age to purchase those services;
- They accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Our obligations to you will depend on whether we act as a Package Organizer in the sale of a Package Holiday (i.e. a Safari) or as a Principal in the sale of single-element bookings (i.e. lodge only bookings); our differing obligations are set out below.
OUR COVID 19 POLICY
We understand the world is changing constantly during the pandemic which prompted us flexible dates to book your safari holiday with an option to postpone your safari to a further date more suitable depending on the exiting health traffic light system.
ACCOMMODATIONS
We reserve or recommend the best Budget, mid range and Luxury facilities reasonably priced depending on the demand and availability. Prices are based on two persons sharing a double or a twin-bedded room. We reserve the right to substitute equivalent or superior hotels. We make every effort to arrange shared accommodations for single travelers when requested to do so. If the request cannot be honored, the quoted single supplement will apply.
CANCELLATIONS BY US
We always endeavor to avoid canceling, but we reserve the right to do so. We shall not cancel your confirmed holiday less than 2 months before departure unless we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control. If we cancel your holiday (except where you have failed to make payment or as a result of force nature) 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 funds 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.
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 any member of your party be forced to cancel, you must give us a written notice for it to be effective. To cover the estimated loss caused by the cancellation in the instance of inability to resell your holiday, cancellation fees, excluding insurance, will be levied per person as follows: Period before departure Cancellation charge (as percentage of total Tour price paid where applicable)
CANCELLATION POLICY
Cancellations received will be subject to the following forfeit of tour cost:
- 101 days and above 30%
- 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
Cancellation fees are based on the date your written notification is received at EBS Tours & Safaris.
COMPLAINTS
Complaints ought to be reported 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 emailed to the operations manager as soon as possible after the incident and not later than 20 days after completion of your holiday, to enable us to investigate them explicitly. Regrettably, liability for any complaints not notified in accordance with this procedure cannot be accepted.
FORCE MAJEURE
Unfortunately 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 prevent. 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, road closures, pilferage, epidemics, quarantines, dangers incident to sea, land and air travel, and other similar acts or incidents beyond our control.
We purchase transportation, hotel accommodations, restaurant services and other services from various independent suppliers that are not subject to our control. We cannot therefore be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of any such supplier, or by reason of any other event over which we have no control.
We reserve the right to revise US Dollar prices without notice to reflect marked increases in foreign exchange or tariff rates before receiving the deposit from you. We also reserve the right to withdraw a tour or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or retain as a member of any tour any person at any time, and to pass on to tour members any expenditure or losses caused by delays or events beyond our control.
Depending on the itinerary you have selected, optional activities will be available at some of the places you will visit. Some of these activities carry with them the inherent risk of personal injury. These activities include, but are not necessarily limited to:
- Walking tours
- Canoe, boat and white-water rafting trips
- Gorilla tracking
- Chimpanzee tracking
- Mountaineering
- Agricultural tours
- Zip lining
You should be aware that your personal safety cannot be guaranteed. Should you elect to participate in such activities while you are on tour, you are, of course, free to do so. However, you must understand that such participation will be at your own risk and that we assume no responsibility for your safety.
PRIMATE TREKKING PERMITS
Gorilla and chimpanzee permits are non refundable, however one can reschedule to a future date provided that this be communicated 30 days prior to the original date subject to availability.
Relevant National Park permits are only purchased after payment has been received. Acquiring a gorilla permit is not a guarantee to seeing gorillas. 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 endeavors to obtain a refund and if a refund is paid by the relevant authority, we shall pass it on to the client,
Note that the chances of seeing the gorillas stand at 98%.
INSURANCE
It is advisable that before undertaking a holiday with us that you have, appropriate insurance for the type of holiday being taken. 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 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.
JURISDICTION
The company is incorporated in the Republic of Uganda and it operates under the laws of Uganda.
LIABILITY
We shall ensure all quotations as identified in the brochure parts of the holiday are supplied as described in the brochure and itineraries to a reasonable standard, our employees, agents, suppliers and sub-contractors exercise professionalism 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 authorized 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.
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 authorized 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.
MEDICAL REQUIREMENTS
Good physical and mental health is paramount for the enjoyment of these active, outdoors tours. You may travel in rugged areas out of the proximity of modern medical facilities. Good physical conditioning is recommended as preparation for all tours, especially those related to trekking.
By making an initial deposit, the guest certifies that they do not have any physical or other condition of disability that would create a hazard for them. It is essential that any participant with a medical condition requiring regular treatment or which may be affected by vigorous activity, high altitude, heat, cold, other natural phenomenon, or particular foods, notifies prior to the safari.
We assume no liability for medical care or for special dietary requirements if not informed prior. Medical requirements by destinations like Ngamba Island are a sole responsibility of the client to meet them. We bring Ngamba Island and the client in direct contact so that he is furnished with what is required of him before walking with the chimps.
PAYMENT
When booking, you must confirm acceptance of these terms and conditions and pay a deposit of 60% of the price of your holiday including fees for gorilla permits. If written acceptance is not received from you, we shall assume acceptance of the Terms and Conditions once you make the deposit. The balance must be paid in full before the start of the safari. It could be paid before coming or just before the start of the holiday. We however reserve the right to request full payment at least 30 days before start of the holiday.
PHOTOGRAPHY ON TOUR
We reserve the right to take photographic images of individual participants to use for commercial promotion of our safaris. Tour members who prefer that their image not be used are asked to identify themselves to their tour escort at the start of the tour.
QUOTATIONS/BOOKINGS/PRICES
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. However, every care is taken to ensure that we provide right figures.
SAFARI TERMS
Prices include airport transfers; accommodation; meals as stated; the services of an English-speaking driver/guide and a 4×4 safari vehicle; portage 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 alcoholic drinks. 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
We ensure that every person is entitled to a Window seat in the vehicle. 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 Operations 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. In case of breakdown, it’s our responsibility to rectify the situation. We can either withdraw the vehicle in question or replace it or if the breakdown is minor and can be rectifies, we reserve the right to do so.
VOLUNTARY EXECUTION
My advancement of a deposit to Elite Backpackers services tours and safaris certifies that I have carefully read and fully understood the contents of the Terms and Conditions, especially those regarding cancellation and refund policies, limitation of liability, and responsibility borne by trip participants. On the advance of a deposit to Elite Backpackers services tours and safaris, the depositor, his or her family and heirs agree to be bound by the above Terms and Conditions.