GENERAL
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 StarMount Safaris 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.
ACCURACY OF INFORMATION
CANCELLATIONS BY US
Occasionally we have to cancel confirmed bookings. We always make an effort not to cancel, but we must reserve the right to do so. We shall not cancel your confirmed holiday less than 30 (thirty) 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 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 (United States Dollars One Hundred) 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
COMPLAINTS
FORCE MAJEURE
GORILLA PERMITS
GOVERNING LAW AND JURISDICTION
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 (United States Dollars Thirty) 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. 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:
- 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
- An event which we or the supplier of the relevant services could not have foreseen or avoided even with all due care.
QUOTATIONS/BOOKINGS/PRICES
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% (two percent) of the holiday price. If you are required to pay more than 10% (ten percent) 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 (fourteen) 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
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 at all lodges. In Kampala, Entebbe or Kigali the prices include bed and breakfast only. On safari the prices cover full board unless otherwise stated at time of booking confirmation. 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
DANGERS POSED BY WILD ANIMALS
IMPORTANT INFORMATION
We also retain the right to alter any arrangements due to local conditions. We also retain the right to refuse any person from participating or continuing any tour if that person causes or is deemed to cause hazard or inconvenience to other clients and to our environment and ecosystems.