30/06/2015
Sawa Sawa Tours services are subject to our Terms and Conditions,
which should be read carefully as they govern the contractual
relationship with the company.
FULL TERMS AND CONDITIONS
GENERAL
Sawa Sawa Tours Limited (the company) organizes safaris in
Uganda, in Rwanda and in neighboring countries. Safaris may be
organized by Sawa Sawa Tours Limited registered in Uganda, or
Sawa Sawa Tours 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 Sawa Sawa Tours 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.
WEBSITE USE TERMS AND CONDITIONS
Although Sawa sawa Tours endeavours to provide accurate, up-to-
date and truthful information on this site, neither sawa Sawa tours
nor any of its employees, agents and associates make any
representations or give any warranties, whether expressly, tacitly
or implied, as to the operation of the site, the information, content,
materials and products included and available from this site.
Sawa Sawa Tours , its employees, agents and associates will not be
liable for any damage of whatsoever nature arising or resulting
from the use of or inability to use this site or the information
contained hereon, including but not limited to direct, indirect,
incidental, punitive and consequential damage.
Sawa Sawa Tours will treat all personal information you give us as
strictly confidential and no personal information will be made
available to third parties, unless obliged to do so by law or legal
process.
This site may use “cookies” to customise it and make your visit to
us more user-friendly. Cookies cannot harm your computer in any
way and are an industry standard. They are small text files that
contain only information provided by you, the visitor, to the
website. Furthermore, our users may configure their browsers to
not accept our cookies. Please note we do not store any individual
data from our cookies, we simply use the information to
understand user trends.
Sawa Sawa Tours may send e-mail messages to our customers
with news and special offers and users may, by return mail,
indicate whether they would prefer not to receive any such mail in
future.
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
endeavor to avoid canceling, 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 safari 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 and/or chimpanzee 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%.
If a refund is made to a customer arising from a cancellation,
amendment or error by the customer, Sawa Sawa Tours Limited
reserves the right to charge the customer any bank or credit card
service provider charges incurred.
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 mudanze 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
Sawa Sawa Tours Limited sells only ground handling services in
Africa. It does not sell international flights and is not bonded to do
so. International clients who do a safari with Sawa Sawa Tours
Limited and are booked through Tour Operators or Travel Agents
should check the relevant bonding arrangements made by that
company for their travel.
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.
PRIMATE PERMITS
Only when payment has been received can permits for gorilla
tracking in the relevant National Park be purchased. Getting a
gorilla and/or chimpanzee permit is not a guarantee of seeing a
gorilla and/or chimpanzee. 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 and/or chimpanzee viewing being cancelled, whether
it is closure of the National Park or borders; absence of the gorillas
and/or chimpanzees; 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.
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 your travel agent or us at the time
of booking that you have, appropriate insurance for the type of
holiday being taken with us. Such insurance should fully cover
personal injury, medical expenses, 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.
JURISDICTION
The principal company is incorporated in the Republic of Rwanda
and it operates under the laws of Rwanda. Your contract with us
and matters arising out of it will be governed by the laws of
RWANDA
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 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.
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 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.
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 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. 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 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. (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
authorized 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 airfares to Uganda / Rwanda, entry visas, airport
taxes and gratuities as well as personal expenditure such as drinks
and laundry. 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 Musanze. 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.
