TERMS AND CONDITIONS – RWENZORI TREKKING SERVICES
1. The client 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 these terms and conditions (‘these terms’) of Rwenzori Trekking Services as if they had individually made the application themselves.
2. All estimates or quotations provided by, or bookings made with Rwenzori Trekking Services are subject to these terms.
3. Although not always possible, a non-refundable deposit of 20% of the RTS payment should be made to fully confirm the date of trekking, however in the case where it is necessary to book other tours, eg gorilla trekking, or accommodation and extended tours the deposit will be 50% of the total price of the tour plus the full price of the gorilla permit.
4. The full amount payable by the client to Rwenzori Trekking Services shall be fully paid prior to commencing any trek
5. For where a client has booked additional tours and where the client wishes to amend his booking at any stage, either in the form of a date change, itinerary amendment or any other change whatsoever, Rwenzori Trekking Services reserves the right to charge an amendment fee per booking. One itinerary amendment is free, thereafter each change will be charged at $50 per booking, over and above the tour cost.
6. If a booking is cancelled, then, over and above such cancellation fees as each airline may charge and for which the client will be liable, the following will apply:
6.1 Cancellation within seven (7) days of trekking, Rwenzori Trekking Services shall retain the full deposit but any amount paid in excess thereof will be reimbursed to the client;
6.2 Cancellation by Rwenzori Trekking Services, who reserves the right to and shall be entitled to cancel any tour or product sold prior to departure, Rwenzori Trekking Services shall be obligated to refund all amounts received by it and the client, who shall have no further claim of any nature whatsoever against Rwenzori Trekking Services arising out of such cancellation.
7. Should a client fail to join a tour, or fail to use the accommodation/services booked by Rwenzori Trekking Services on their behalf, for any reason whatsoever, no refund or liability will be accepted by Rwenzori Trekking Services.
8. Rwenzori Trekking Services 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. Rwenzori Trekking Services represent 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 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
9. Cancellation, medical & repatriation insurance is compulsory for all Rwenzori Trekking Services’s bookings, and it is the client's responsibility to arrange such insurance, either through Rwenzori Trekking Services or though the client’s broker. 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.
10. The client acknowledges that the fare (see above clause (3) and itinerary specified in the Booking Confirmation Form, may be varied by Rwenzori Trekking Services from time to time, without notice to the client, at the discretion of Rwenzori Trekking Services and provided the itinerary and price is not substantially different from the itinerary that the client anticipated enjoying, the 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 in the Booking Confirmation Form, Rwenzori Trekking Services reserves the right to re-cost the fare and raise a surcharge. Should any clients refuse to accept and pay such surcharge, Rwenzori Trekking Services reserves the right to cancel the tour and retain full payment.
11. The client acknowledges that it is solely his/her responsibility to ensure that he/she is in possession 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. Rwenzori Trekking Services will endeavour to assist the client but such assistance will be at Rwenzori Trekking Services discretion and the client acknowledges that in doing so, Rwenzori Trekking Services is not assuming any obligation or liability and the client indemnifies Rwenzori Trekking Services against any consequences of non-compliance.
12. It is recorded that the contract may contemplate tour /journey to an area(s) where the client may be exposed to danger and the client has agreed to execute a waiver of rights against Rwenzori Trekking Services, 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 and whatsoever rights which the client may have against Rwenzori Trekking Services, in consequence of any loss, damage, 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 Rwenzori Trekking Services 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 Form). In no way derogating from the foregoing, the client hereby indemnifies, holds harmless and absolves Rwenzori Trekking Services, 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.
13. The client agrees that he/she will at all times comply with Rwenzori Trekking Services and Uganda Wildlife Authority rules and regulations or any other 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.
14. When the client is travelling with persons under his/her authority, he/she warrants that he/she is authorized to bind every member to the terms of the contract.
15. These terms constitute the entire terms of the relationship between the parties. There exists 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 Rwenzori Trekking Services or otherwise that is not included herein.
16. Clients, who have special requests, must specify such requests to Rwenzori Trekking Services in writting when booking. Whilst Rwenzori Trekking Services will always endeavor to accommodate such requests, it does not guarantee that it will always be possible.
17. 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 authorized representative of Rwenzori Trekking Services
18. No refunds will be considered in any circumstances whatsoever after commencement of the trek or tour, although Rwenzori Trekking Services may, in its sole discretion, upon proof, consider a refund in the event of death or serious illness of the Client prior to commencement of the tour.
19. All clients will be required to sign a waiver and Rwenzori Trekking Services will under no circumstances be liable for any claim whatsoever, unless such claim is due to the gross negligence of Rwenzori Trekking Services and such claim is lodged in writing with Rwenzori Trekking Services within 30 (thirty) days after the end of the tour. Such liability will be subject to a limitation of $1,000 US per client and under no circumstances will Rwenzori Trekking Services be liable for any indirect or consequential loss or damage.
20. Any payments due by the Client will incur interest from the due date at a rate 2% (Two percentum) above the prime rate charged by Rwenzori Trekking Services bank.
21. Ugandan law and the jurisdiction of Ugandan courts will govern the relationship between the Client and Rwenzori Trekking Services.
22. The Client will be liable for all legal fees on an attorney and own client scale in the event that Rwenzori Trekking Services has to engage a lawyer to enforce any of its rights or otherwise.