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    BOOKING TERMS & CONDITIONS FOR JOURNEYS
    (EFFECTIVE January 20, 2024)

     

    IMPORTANT INFORMATION ABOUT THESE TERMS

    When you complete your Booking, you accept these Terms and Conditions (“Terms”) and any other terms and conditions that you are provided during the booking process. These Terms include an agreement to mandatory binding individual arbitration, which means that you agree to proceeding in court. These Terms also include your waiver of any right to bring, or participate in, a class action and a jury trial waiver. If anything in these Terms is (or becomes) invalid or unenforceable, it will still be enforced to the fullest extent permitted by law and you will still be bound by everything else in these Terms. For all other terms and conditions, please refer to abercrombiekent.com/terms.

    Definitions

    Safari Retreats Africa (Tour Sokon Ltd-Holding Company), and its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, joint venturers, and all employees, officers, pilots, crew members and agents of such individuals, companies and entities. Safari Retreats Africa’s address is Plot 122, Spring Road, Suite 33-36, Bugolobi, Kampala, Uganda.
    “Booking” means the Guest or Guest’s agent to enter into a Contract with the Company.
    “Booking Terms and Conditions” or “Terms” means these terms and conditions and the information contained in Safari Retreats Africa brochures, its website and/or other information that will form the express terms of your Contract with Safari Retreats Africa.
    “Contract” means the contract between Safari Retreats Africa and the Guest for the Tour Package as reflected in the confirmation invoice sent by Safari Retreats Africa to Guest’s Travel Advisor or directly to Guest.
    “Journeys” means those journeys offered by Safari Retreats Africa including but not limited to Small Group, Family, Limited Edition Small Group Journeys, Select Journeys, Tailor Made and Private Journeys, Educational Study Tours and all related Group Extensions.
    “Group Journeys” means those journeys offered by Safari Retreats Africa including but not limited to Small Group, Family, Limited Edition Small Group Journeys, Select Journeys and all related Group Extensions.
    “Limited Edition Small Group Journeys” means those journeys operated by Tour Sokoni Ltd.
    “Educational Study Tour” means those journeys intended for Travel Advisors selected at the sole discretion of Safari Retreats Africa for business purposes to provide education and familiarization. Deviation from the published itinerary, including participation in site inspections, is not permitted.
    “Guest” means each person, including minors, named either on the booking confirmation, on the invoices, or on a ticket issued by Safari Retreats Africa.
    “Guest with Disabilities” means any Guest who has special needs.
    “Minor” means any person under the age of 18.
    “Refund” means a return of all or part of the fare paid and is applicable only on the conditions described herein. A Refund may, at Safari Retreats Africa’s sole option, be issued in the form of a travel credit which shall have no cash value.
    “Travel Advisor” means any travel agent or any website not owned or operated by Safari Retreats Africa and used by the Guest to book their Tour Package.
    “Tour Package” means the Journey whether or not in combination with any flights.
    “Website” means the set of related web pages, documents and hypertext links served from the web domain www.safariretreats.africa.

    1. DEPOSIT/PAYMENT INFORMATION
    A deposit is required to confirm a reservation that shall be determined at the time of booking. For reservations confirmed in U.S. Dollars, final payment in the form of a check or all major credit cards must be received on the date determined at the time of booking. If applicable, please contact your Travel Advisor for complete details. Failure to strictly comply with the deposit and final payment schedules, or any other applicable policies and procedures, will result in the automatic cancellation of pending reservations.
    For payments by mail, send to:
    Safari Retreats Africa
    Plot 122 Spring Road
    Bugolobi
    Kampala, Uganda.
    Deposit per Person Required at Time of Booking
    Small Group and Private Journeys $1,000
    Limited Edition Small Group Journeys $1,250
    Educational Study Tours Full payment
    Final Payment Due Dates
    Small Group, and Family Journeys 90 days prior to departure
    Limited Edition Small Group Journeys 120 days prior to departure
    Tailor Made and Private Journeys 120 days prior to departure
    Educational Study Tours At time of confirmation
    If your reservation is made inside of the final payment window, the entire cost of the trip must be paid at the time of the request in order to secure confirmation.
    For Tailor Made journeys, additional deposits may be required for planes, vessels and trains, including private charters; select accommodations as noted in your proposal; exclusive private use of accommodations or venues; groups of 10 or more; or itineraries that fall over holiday or festival seasons.
    An additional nonrefundable permit fee is required at time of booking for journeys including Uganda and Rwanda.

    2. GUARANTEED DEPARTURES
    All Group Journeys are guaranteed to operate with a minimum of two (2) persons unless noted on the itinerary. Guaranteed departures will operate except only in cases of force majeure, which could include any major world event adversely affecting international travel patterns or other circumstances beyond Safari Retreats Africa’s control.

    3. INCLUDED IN ALL JOURNEYS
    All accommodations, meals and fully guided sightseeing as noted in the itinerary; park and entrance fees; coffee/tea/soft drinks/water at included meals; local bottled water during sightseeing; porterage of up to two (2) pieces of baggage per person on primates and hiking journeys; complimentary Internet access (where available on cruises and at land accommodations excluding Limited Edition Small Group Journeys; service levels are not guaranteed); and hotel taxes.
    Small Group and Family Additional Inclusions Excluding Climb Kilimanjaro:
    Dry cleaning is not included. Safari Retreats Africa’s Breakfast in Bed service is included on select days up to two times per journey (2024 only; limitations may apply for safari journeys).
    Tailor Made and Private Journey Additional Inclusions:
    Private sightseeing (except for shared excursions from safari camps/lodges, cruise vessels and trains or other exceptions), as noted in the itinerary; private arrival and departure transfers.
    Africa Journeys Additional Inclusions:
    Safari duffel on journeys in East and Southern Africa. Porters on Climb Kilimanjaro and Uganda Gorilla trekking programs. Medical evacuation service, when available, including air transportation to medical care facilities, is included within Kenya, Tanzania (excluding climbing Kilimanjaro), Botswana, Zambia and Ethiopia. Hospitalization and medical expenses are the sole responsibility of the guest.

    4. NOT INCLUDED IN JOURNEYS
    Safari Retreats Africa’s Guest Protection Program; international and internal airfares, unless otherwise noted; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted; excess baggage charges; gratuities to the Resident Tour Director/Extension guide/East Africa safari driver-guides; meals other than those specified in the itinerary; room service (except on board Luxury Expedition Cruises); beverages other than those noted in inclusions above or specified in the itinerary; sightseeing not included in the published itinerary; and personal expenses such as laundry , communication charges, Internet access for all trains; and optional activities (which are subject to availability).
    Tailor Made and Private Journey Additional Exclusions:
    All gratuities; any meals for your guide if you invite him/her to dine with you.

    5. HOTEL CHECK-IN
    Most hotels allow check-in to take place during the midafternoon. Should you wish to have a guaranteed room ready for your immediate check-in upon arrival, it requires an additional room night to be confirmed. Please ask Safari Retreats Africa for details and prices. Requests for early check-in based on hotel availability cannot be guaranteed and are at the sole discretion of the hotel.

    6. ROOM UPGRADES/SPECIAL REQUESTS
    Upgrades are typically available on request at individual hotels for an additional cost. Please ask Safari Retreats Africa for details and prices. Specific requests such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs should be advised at time of booking. Please note that reasonable efforts will be made to secure special requests; however, they cannot be guaranteed.

    7. ITINERARIES
    Safari Retreats Africa reserves the right to modify program itineraries, including arranged sightseeing and featured experts, and substitute accommodations, including vessels, aircraft and trains, at any time due to unforeseen circumstances or circumstances beyond Safari Retreats Africa’s control. Reasonable efforts will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.

    8. AIR TRANSPORTATION
    International airfare (to the Journey starting point and from the ending point) is not included in program pricing. Safari Retreats Africa has special agreements with many air carriers and can offer quotations from any gateway. Some journeys require internal flights as specified in the itinerary. This airfare is typically not included and must be purchased from Safari Retreats Africa in addition to the journey. In the instance where charter flights are used and seating is limited, Safari Retreats Africa reserves the right to substitute and confirm air reservations on an available alternative scheduled air flight. All internal air is based on economy class seating and is 100% non-refundable at time of final payment (some exceptions may apply). All international and internal air quotes are subject to change until final payment has been received by Safari Retreats Africa. Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by Safari Retreats Africa.
    All air carriers are independent contractors and are not owned, managed, controlled or operated by Safari Retreats Africa. Your airline ticket constitutes a contract between yourself and the airlines (and not Safari Retreats Africa), even if purchased through Safari Retreats Africa. Safari Retreats Africa shall not be liable and does not assume responsibility for, or accept claims with regard to, seat assignments, name changes, schedule changes, insufficient travel documentation, flight changes and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.

    9. BAGGAGE
    Safari Retreats Africa provides porterage of up to two (2) pieces of baggage per person for some journeys. Please note: Should your journey include internal/domestic or charter flights, your luggage allowance may be less than two (2) pieces of baggage and weight/size restrictions and additional costs may apply.
    Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner’s risk throughout the travel program, and Safari Retreats Africa assumes no liability for lost, stolen or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.

    10. PRICES AND ARRANGEMENTS
    Quoted Journey prices are per person, double occupancy except where indicated. Although not expected, prices may be modified due to unexpected significant external factors not forecasted at the time of publishing. Safari Retreats Africa is under no obligation to give a breakdown in costs of any Journey. Pre- and Post-Tour Extensions are only available to guests booked on related group journeys. Modification of program content to accommodate a smaller group size will not affect the published program price. Any modifications to a Tailor Made itinerary, including dates or number of people travelling, will require a revised proposal.

    11. CHILD POLICY
    All children under the age of 18 must be accompanied by an adult. Unless otherwise indicated herein the minimum age to participate in a Journey is ten (10) years old.
    Ages
    Primate Journeys: 15 years old
    River Rafting Journeys: 12 years old
    Tailor Made and Private: no minimum age unless noted
    Safari Retreats Africa reserves the right to marginally exceed the published maximum group size on Family Journeys to accommodate a family. Note that some accommodations require that children below a certain age share a room with an adult.
    The parent or guardian travelling alone with a child is recommended to carry documentation that proves their relationship to the child (e.g., birth certificate) and evidence that they have permission to travel with the child (e.g., consent letter). Guests travelling with children who are not related are recommended to carry documentation which provides evidence they have permission to travel with the child. Guests are advised to check with the appropriate government authority to determine the necessary documents required for travel with children. Safari Retreats Africa cannot be held responsible should the guest, child or any member of the travelling party be denied entry to a country due to noncompliance with a country’s requirements.

    12. ACTIVE ELEMENTS & FITNESS TO TRAVEL
    The suppliers of some activities on Journeys may require a minimum age or minimum/maximum height or weight to participate. Some active elements have been incorporated into select itineraries. To enjoy the Journeys as intended, a minimum level of fitness is required.
    By booking a Journey, Guest represents that Guest and Guest’s travelling party are physically and emotionally fit to travel and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or result in a deviation of the Journey. Any Guest with special medical, physical, or other needs requiring medical attention or special accommodation during the Journey is requested to notify Safari Retreats Africa in writing at the time of the booking of such special needs. Upon booking the Journey, Guests who have special needs are requested to contact Safari Retreats Africa at +256 200 900 970 to discuss details of their special needs. Safari Retreats Africa recommends that any Guest who is not self-sufficient should travel with a companion who shall take responsibility for any personal assistance needed during the Journey.

    13. Safari Retreats Africa’S GUEST PROTECTION PROGRAM
    Travel insurance is not included in the price of the booking and is strongly encouraged. Beginning October 1, 2023, you may purchase Safari Retreats Africa’s Guest Protection Program administered by Allianz Global Assistance (which provides cancellation benefits, emergency medical benefits, and protection for lost, stolen, or damaged luggage). Benefits take effect the day Safari Retreats Africa receives payment for the plan. The Guest Protection Program is available up to final payment. However, the plan must be paid for no later than final payment to be eligible for waiver of the pre-existing medical condition exclusion. Additional terms apply. The Guest Protection Plan with Cancel Anytime must be paid for within 14 days of the initial trip deposit. Cancel Anytime can provide reimbursement up to 75% of non-refundable trip costs if you need to cancel for any unforeseeable reason. This plan is not available on certain journeys. The plan cost is calculated based on the total price of your travel arrangements. For more information, visit Allianz Global Assistance. Insurance benefits are subject to the terms, conditions, and exclusions in the plan, including an exclusion for pre-existing conditions.

    14. PASSPORTS AND VISAS
    It is the Guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Guests are advised to check with the appropriate government authority to determine the necessary documents required for their travel. A valid passport is required for U.S. and Canadian citizens travelling to all international destinations. Passports must be valid for six (6) months after completion of the Journey and should also have sufficient blank visa pages for entry and exit stamps. Most of our destinations also require a visa for U.S., Canadian, European, Australian, New Zealand Asia Minor and G.C.C citizens; this will be indicated in your Pre-Travel Documentation. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their journey. You may be refused boarding or disembarked from a plane, vessel or train without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by Safari Retreats Africa that result from improper documentation or noncompliance with applicable regulations. Safari Retreats Africa shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.

    15. PUBLIC HEALTH: COMMUNICABLE OR INFECTIOUS DISEASES
    “Communicable Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. Guest agrees, understands, and acknowledges, that an inherent risk of exposure to Communicable and Infectious Diseases such as, for example, COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), exists in any public place where people are present, including a cruise ship. Extremely contagious Communicable Diseases can lead to severe illness and death. No precautions can eliminate the risk of exposure to them, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC and others worldwide, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to Communicable or Infectious Disease, such as COVID-19, includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness.
    Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to any Communicable or Infectious Disease such as COVID-19, including illness, injury, or death of Guest or others. Guest acknowledges that participation in a Journey is entirely voluntary. By participating in a Journey, Guest attests that Guest is knowledgeable about his or her individual risk of developing severe illness if Guest is exposed to and/or infected with highly contagious or communicable illnesses or diseases such as COVID-19. Guest must make an informed decision about travelling and is strongly encouraged to consult with a medical provider before deciding to participate in a Journey based on Guest’s individual risk.
    Guest further acknowledges and agrees to abide by, and consent to, all public health rules, regulations, mandates and safety protocols issued by Safari Retreats Africa and/or Public Health Authorities worldwide, including but not limited to: (a) Submission to mandatory testing at such times and frequency as required by Public Health Authorities or Safari Retreats Africa, which may include testing before, during and after your Journey; (b) submission to enhanced health screening for signs and symptoms of or known exposure to Communicable or Infectious Diseases such as COVID-19; (c) denial of participation due to signs and symptoms of a possible infection or known exposure to Communicable or Infectious Diseases such as COVID-19 as determined by Safari Retreats Africa at its sole discretion, according to technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for Communicable or Infectious Disease surveillance; (e) mandatory isolation and/or quarantine; (f) mandatory daily temperature checks; (g) mandatory use of face coverings/face masks according to Public Health Authorities’ guidelines and (h) following Safari Retreats Africa physical distancing requirements.
    You further acknowledge that the public health rules, regulations, mandates, and safety protocols issued by Safari Retreats Africa and/or Public Health Authorities and/or other governing bodies are subject to change. Safari Retreats Africa reserves the right to change any of its health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing at its sole discretion, without notice. It is your sole responsibility to confirm any changes to any health and safety protocols that may be applicable at any destination worldwide and ensure compliance with all health and safety protocols.

    16. CANCELLATION CHARGES
    Cancellations will be effective on the date of receipt by Safari Retreats Africa whether by phone or email. Cancellations received by Safari Retreats Africa are subject to the following cancellation fees:
    CANCELLATION FEES PER PERSON
    Small Group Journeys, Family Journeys, Lone Journeys, and related Group Extensions (except Select Journeys as listed above)
    91 days prior to departure or more $500
    90-61 days prior to departure 20% of program price
    60-31 days prior to departure 50% of program price
    30 days prior to departure or less 100% of the program price
    Connections European River Cruise Journeys, Select Journeys and related Group Extensions
    121 days prior to departure or more $500
    120-91 days prior to departure 20% of program price
    90-61 days prior to departure 50% of program price
    60 days prior to departure or less 100% of the program price
    Limited Edition Small Group Journeys
    121 days prior to departure or more $1,250
    120-91 days prior to departure 20% of program price
    90-61 days prior to departure 50% of program price
    60 days prior to departure or less 100% of the program price
    Tailor Made and Private Journeys
    121 days prior to departure or more Private: $500.
    Tailor Made: 10% of the program price up to a maximum of $2,500 per person. Additional fees may apply; see below.
    120-91 days prior to departure 20% of program price
    90-61 days prior to departure 50% of program price
    60 days prior to departure or less 100% of program price
    Lone Journeys
    Individual Travel
    91 days prior to departure or more 25% of program price
    90 days prior to departure or less 100% of program price
    Tailor Made Additional Cancellation Fees:
    Additional cancellation fees may apply to planes, vessels and trains including private charters; select accommodations as noted in Guest’s proposal; exclusive private use of accommodations or venues; groups of 10 or more; or itineraries that fall over holiday or festival season.
    Changes to the Itinerary:
    Guests will be responsible for any changes or cancellations made to the itinerary at their request or beyond their control, before or during travel, including expenses incurred due to a change, delay or cancellation of any flights.
    Partial Room Cancellation:
    If a Guest cancels or leaves a Journey and a traveller remains, an additional supplement may apply to the price for the remaining Guest.
    CANCELLATION CHARGES FOR INTERNAL AIR
    All internal air is 100% non-refundable at time of final payment (some exceptions may apply).
    CANCELLATION CHARGES FOR EXTRA SERVICES
    Additional hotel nights and other extra services booked in connection with Safari Retreats Africa journeys are subject to specific cancellation penalties. These will be provided at the time of booking and noted on the invoice.
    17. FORCE MAJEURE
    Force majeure means unusual and unforeseeable circumstances beyond Safari Retreats Africa’s control or the control of our suppliers, the consequence of which neither Safari Retreats Africa, nor its suppliers, could avoid even with all due care, including, but not limited to, war or threat of war; riot; civil strife; terrorist activity (actual or threatened); industrial dispute; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers. In the event of a cancellation or material alteration to the Journey as a result of the circumstances as described in this clause, Safari Retreats Africa shall have no liability whatsoever for any travel related costs incurred by Guest, including but not limited to air, insurance, visas and other travel arrangements of any kind.
    18. Safari Retreats Africa APP
    Safari Retreats Africa may provide information for your Journey via a web platform and an Safari Retreats Africa mobile app (the “App”). The use of the App is merely intended to offer an interactive option to view your itinerary and other related information. Once downloaded, you are subject to the Safari Retreats Africa privacy policy and terms of use as found in the App. You are responsible if you provide access or use of the App to any members of your travelling party.

    19. PHOTOGRAPHY DURING TRAVEL
    Safari Retreats Africa reserves the right to take photographs and video of Guests during the operation of any Journey or part thereof and to use, re-use, publish, and republish their image, identity likeness, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which Guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking a Journey with Safari Retreats Africa, Guests acknowledge that Safari Retreats Africa is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter be used by Safari Retreats Africa. Guests who prefer that their images not be used must (1) identify themselves to their Resident Tour Director at the beginning of their Journey; and (2) notify their Safari Retreats Africa Travel Consultant by email, not later than thirty (30) days following the end of the Guest’s Journey. In the event the Guest fails to comply with both obligations, the Guest shall not be exempt from this section. If such written notice is not timely provided, the Guests, individually and on behalf of any Minor travelling with them, have granted unrestricted rights and permission for Safari Retreats Africa to use the Images.

    20. LIMITS ON Safari Retreats Africa’S RESPONSIBILITY FOR THIRD PARTIES WHO PROVIDE GOODS AND SERVICES
    Safari Retreats Africa purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including, from time to time, other affiliates of Safari Retreats Africa). Neither Safari Retreats Africa nor its parent company, affiliates or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents and assigns (collectively the “Safari Retreats Africa Parties”), own or operate any transportation, lodging accommodations on land, restaurants, ground transport and other goods and services for your trip. All such persons and entities are independent contractors. As a result, the Safari Retreats Africa Parties are not liable for any injury to Guest, including any negligent or willful acts of any such person or entity or of any third person providing such goods and services.
    In addition and without limitation, the Safari Retreats Africa Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
    There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in the Journeys.
    If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, polar plunge, snowmobiling, primate tracking and any other activity which Safari Retreats Africa considers to carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death, and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release the Safari Retreats Africa Parties from any liability whatsoever related thereto.
    Further, as consideration for being permitted to participate in the Activities; you release the Safari Retreats Africa Parties, whether known or unknown, from, and agree not to sue or make claim against the Safari Retreats Africa Parties for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of the Safari Retreats Africa Parties and/or from any defect in equipment. You further agree to indemnify and hold the Safari Retreats Africa Parties harmless with respect to any claim made against the Safari Retreats Africa Parties by anyone else (a) related to your participation in any trip or any Activities, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the Safari Retreats Africa Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.

    21. AMENDMENTS
    Safari Retreats Africa reserves the right to correct any errors or omissions in its published materials and to amend these Terms at any time. All amended Terms shall automatically be effective upon being posted by Safari Retreats Africa to the Website. Guests should check the Website prior to travel in order to ensure they are aware of any changes.

    22. IMPORTANT LIMITATIONS ON THE COMPANY’S LIABILITY
    Nothing in these Terms shall limit or deprive Safari Retreats Africa of the benefit of any applicable statutes or laws of Uganda or any other country; or any international convention providing for release from, or limitation of, liability. In the event multiple statutes, laws or conventions may apply, Safari Retreats Africa shall be entitled to any or all such limitations unless there is a conflict between such statutes, laws or conventions, in which case Safari Retreats Africa shall be entitled to invoke the limitation which provides the most favourable limitation to Safari Retreats Africa.
    (A) Time Limits For Claims
    Safari Retreats Africa shall not be liable for any claims whatsoever unless full particulars in writing are given to Safari Retreats Africa within thirty (30) days after the Guest completes the Journey. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six (6) months after the date Guest completes the Journey, and unless served upon Safari Retreats Africa within 120 days after commencement. Guest expressly waives all other potentially applicable individual periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the Americans with Disabilities Act (ADA), trade practices and/or advertising.
    (B) Small Claims under $8,000
    Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of, related to, or connected with these Terms and the booking of the Journey, no matter how described, pleaded or styled, between the Guest and Safari Retreats Africa in which Guest or any other claimant asserts damages for less than $8,000 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) must be litigated, if at all, before a small claims court located in Kampala, Uganda. to the exclusion of the courts of any other country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be otherwise available.
    (C) Arbitration for All Claims Over $8,000
    Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with these Terms and the booking of the Journey, no matter how described, pleaded or styled, between the Guest and Safari Retreats Africa, in which Guest or any other claimant asserts damages for more than $8,000.00 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Uganda Arbitration Act., solely kampala, Uganda. to the exclusion of any other forum. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available to any such arbitration proceeding in Kampala, Uganda. telephone number (256) 200 900 970. Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court (other than small claims court in Kampala, Uganda). The arbitrator’s decision will be final and binding.
    (D) Jurisdiction, Venue and Jury Trial Waiver
    Except as provided above and only if the above-referenced arbitration clause is ruled unenforceable by a court of law, it is agreed by and between the Guest and Safari Retreats Africa that all disputes and matters whatsoever related to, arising under, in connection with or incident to these Terms, shall be litigated, if at all, before the Courts of Judicature of Uganda in Kampala. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available.
    (E) Governing Law
    Safari Retreats Africa bookings are deemed to be contracts made in the Republic of Uganda and are governed by the constitution of Uganda.
    (F) Class Action Waiver
    Guest hereby agrees that these Terms provide for the exclusive resolution of disputes through individual legal action on each Guest’s behalf rather than any class, collective or representative action. Guest may only bring claims against Safari Retreats Africa Guest’s individual capacity. Even if the applicable law provides otherwise, Guest agrees that any arbitration or lawsuit against Safari Retreats Africa whatsoever shall be litigated by Guest individually and not as a member of any class or as part of a class or representative or action, and Guest expressly agrees to waive any law entitling guest to participate in a class action. If Guest’s claim is subject to arbitration as provided in section above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Guest agrees that this section shall not be severable under any circumstances from the arbitration clause set forth above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration. The validity and effect of this class action waiver may be determined only by a judge or court of law and not by an arbitrator. Guest agrees that carrier can receive immediate judicial assistance to enforce this class action waiver.
    (G) Claims for Emotional Distress
    Safari Retreats Africa shall not be liable to the Guest for any emotional distress, mental anguish or psychological injury of any kind, except where said emotional distress, mental anguish or psychological injury was the result of either (a) physical injury to the Guest caused by the negligence or fault of Safari Retreats Africa or (b) the Guest having been at actual risk of physical injury and such risk was caused by the negligence or fault of Safari Retreats Africa.
    (H) Claims of Improper Performance or Breach of the Contract
    Safari Retreats Africa’s liability for improper performance or breach of the Contract shall be limited to a maximum of two times the price which the Guest paid for their Tour Package.
    (I) No Consequential, Indirect or Punitive Damages
    Notwithstanding anything to the contrary elsewhere in these Terms, in no event shall Safari Retreats Africa or its members, partners, shareholders, directors, officers, managers, employees or agents be liable for any indirect, consequential, incidental or punitive damages (including but not limited to damages for lost profits, loss of revenue, loss of use, loss of contract or other opportunity, for any other consequential or indirect loss or damage of a similar nature) arising out of the transaction contemplated herein.

    23. PRIVACY NOTICE
    See the Safari Retreats Africa Privacy Notice, which can be found at safariretreats.africa/privacy, and which is incorporated herein.
    ©2024 Safari Retreats Africa, Safari Retreats Africa, Safari Retreats Africa, and service marks are owned by Tour Sokoni Ltd.

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