The following booking conditions and important holiday information form the basis of your contract with Sunset Adventures Ltd, P.O. Box 32147 Kampala to protect your holiday payments and repatriation.
Your contract and these terms are subject to the laws of the Republic of Uganda and you submit to the exclusive jurisdiction of the courts located in Uganda for the resolution of any dispute under these Terms or concerning any Tour, product, or service.
All holidays are sold subject to the following conditions.
1. YOUR TOUR BOOKING
Your holiday booking is confirmed, and a contract exists when The Sunset Adventures or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to The Sunset Adventures or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete, and accurate information to The Sunset Adventures.
In case you book any activity on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying The Sunset Adventures or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and The Sunset Adventures will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
2. TOUR DEPOSIT AND PAYMENTS
A booking is considered confirmed when The Sunset Adventures sends written confirmation to the client confirming the booking.
When booking a tour that includes a Gorilla Trekking Permit, immediate payment for the permit is required to secure the trekking permit. This payment is non-refundable and is paid directly to Uganda Wildlife Authority.
While The Sunset Adventures has utilized its best endeavors to ensure the accuracy of the tour price, such price is subject to change because of factors beyond The Sunset Adventures’ reasonable control, in which event The Sunset Adventures shall utilize its best efforts to notify the clients of such changes as soon as possible.
The tour price includes only those services/items that are included as per the itinerary and the tour dossier, and the client shall be responsible and pay for any additional items where, as required by Sunset Adventures from time to time, such payment is made either directly to a third-party service provider or to the Sunset Adventures for settlement with a third-party service provider.
The Sunset Adventures records that prices/charges/tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations of a particular country and, accordingly, The Sunset Adventures has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the tour. The Sunset Adventures accordingly
reserves the right to increases the relevant prices/charges/tariffs to account for such increases and/or fluctuations. The client will be notified of such increase and/or fluctuation as soon as possible and only if possible, do its best to obtain the client’s authorization before commencing with the final booking of such trip.
Although The Sunset Adventures takes care to ensure that all information on our website and or price brochures and/or quotations are correct, it will not be bound to any price that contains an inadvertent and/or obvious error. If a mistake occurs in any advertisement, The Sunset Adventures undertakes to take all reasonable steps to inform the customer of the correct details. All prices are quoted in either Ugandan (UGX) or United States of America (USD) currency. If a customer pays using a non-UGX or USD currency, the amount debited to the customer’s account will be as close to the advertised price as possible.
Electronic Transfer: Proof of the transfer with a bank stamp must be emailed to our office as proof of payment. All transfer / bank fees are the responsibility of the client. The Sunset Adventures must receive the full total due into the bank account.
Credit Card: If Sunset Adventures accepts payment by Credit Card, a 5% administration fee will be added to the total tour fare for which payment is being made.
3. TOUR CANCELLATIONS
Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by The Sunset Adventures. Cancellation fees are applicable to the tour price, activity package, green seat, and pre/post tour services.
No cancellation fee is applicable to tours cancelled more than 60 days before date of departure (excluding the non-refundable gorilla trekking permit).
Special condition for tours that require a Gorilla Permit: When a client cancels a tour that requires a gorilla trekking permit, the permit price is non-refundable and will be forfeited.
Should a Client cancel a booking 60 days or less prior to the date of departure of the tour for any reason (except due to death or hospitalization), the client shall be liable to pay a cancellation penalty. The cancellation penalty is calculated by having regard to the nature of the booking, length of notice of cancellation and reasonable potential to find alternative customers. Having regard to the aforementioned factors, the following percentages may be forfeited by the customer in respect of the arranged tour price due to a no-show based on the number of days between receipt of the cancellation notice and the date of the departure:- >60 Days: No fee applies (unless Gorilla Permit has been booked – which is nonrefundable)
a) 30 – 60 Days: 50% of the tour price is held as cancellation
b) 10 – 29 Days: 75% of the tour price is held as cancellation
c) 0 – 09 Days: 90% of the tour price is held as cancellation
The Sunset Adventures shall be entitled to apply any portion of the non-refundable deposit paid by the client toward any cancellation penalty payable in terms hereof.
The Sunset Adventures reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, Sunset Adventures shall refund the tour price (which includes for the avoidance of doubt, the non-refundable deposit) to the client. It is recorded that refund of the tour price as aforesaid shall be The Sunset Adventure’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against Sunset Adventures by reason of a cancellation of the tour.
The client acknowledges that the tour is subject to a minimum booking of 4 passengers (including the client). If the minimum booking is not obtained, Sunset Adventures reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against Sunset Adventures.
4. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. Unless otherwise indicated in the Tour description or by The Sunset Adventures, the minimum age for minors travelling on any Tour is 12 years old.
All bookings with a minor are subject to review and approval by Sunset Adventures. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Sunset Adventures will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision, and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Sunset Adventures does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
A child must be 15 years or older to participate in a Gorilla Trekking Activity.
5. INSURANCE
We are not allowed to advise on travel insurance beyond general advice. However, it goes without saying that adequate insurance is essential, and your booking cannot be accepted until insurance arrangements have been made. Your travel insurance scheme should cover against cancellation, evacuation, and medical costs together with other usual travel risks, but it is your responsibility to arrange cover to meet your own personal requirements. If you have any pre-existing medical condition or disability this must be notified to the insurers. Your contract of insurance is a separate contract between you and your insurers and is subject to policy conditions which you must read carefully.
Comprehensive travel and cancellation insurance is mandatory on the tour. It is the client’s responsibility to ensure that he or she has such insurance in place (together with the required paperwork to prove such insurance) before embarking on the tour.
Should the client be unable to present the proof of such insurance to The Sunset Adventures (on request), The Sunset Adventures may, in its sole discretion, exclude the client from the tour, and the client shall be liable for the cancellation penalty payments set out in these terms and conditions.
The client acknowledges that travel insurance must include comprehensive medical insurance including provision for air evacuation, and that Sunset Adventures shall not be liable for any consequences, damages, or loss as a result of the client failing to have the necessary cover.
6. BAGGAGE
The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and Sunset Adventures shall not be liable for any loss or damage to such baggage or personal effect, howsoever arising.
The client shall be entitled to one bag (being a backpack or soft bag, and not a suitcase) that weighs not more than 20 kilograms, and a daypack. Should the client require larger baggage allowance, this may be arranged with Sunset Adventures against payment of a fee that The Sunset Adventures may levy in its sole discretion. Notwithstanding the foregoing, Sunset Adventures reserves the right to refuse excess baggage or oversized baggage.
7. REQUIRED HEALTH INFORMATION
The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.
Where the client is over the age of 65, The Sunset Adventures requires a medical certificate or doctor’s letter confirming that the client is medically fit to undertake the tour.
In respect of all clients over the age of 65 years, a medical questionnaire is required to confirm that the client is physically able to undertake the tour. The Sunset Adventures will not accept a reservation without this documentation.
You must provide any medical information reasonably requested by The Sunset Adventures and may be required to complete the Tour Operator’s medical information form. Medical Forms are mandatory for certain Tours. If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must return a Medical Form, signed by a licensed and practicing physician to The Sunset Adventures prior to or at the time of final payment for the applicable booking.
You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. The Sunset Adventures will maintain the information in accordance with the Tour Operator’s Privacy Policy.
The Sunset Adventures reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.
The Sunset Adventures reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where The Sunset Adventures determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to The Sunset Adventures at the time of booking. The Sunset Adventures may refuse to carry women who are over 24 weeks pregnant. The Sunset Adventures may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by The Sunset Adventures for any reason by the deadline indicated above, The Sunset Adventures reserves the right to cancel your booking and all applicable cancellation fees will apply.
You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Sunset Adventures does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with The Sunset Adventures may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and The Sunset Adventures makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
8. MARKETING
The Sunset Adventures reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client hereby consents to such use.
The client further agrees that The Sunset Adventures shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to Sunset Adventures.
9. TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary.
You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by The Sunset Adventures that is a direct result of your failure to secure or be in possession of proper travel documentation. The Sunset Adventures shall provide advice on travel documents, however we make no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Sunset Adventures is not responsible for any errors or omissions in this information.
10. UNFORSEEN CIRCUMSTANCES
The Sunset Adventures will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for The Sunset Adventures’ failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of The Sunset Adventures; or an event which The Sunset Adventures or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “unforeseen circumstances”.
11. INDEMNIFICATION AND EXCLUSION OF LIABILITY
The client accepts that the tour is of an adventurous nature and involves an element of personal risk.
The Sunset Adventures and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour, and the client irrevocably and forever releases and discharges The Sunset Adventures and its respective director, officers, employees, representatives and agents from any and all such liability.
The client furthermore indemnifies and holds The Sunset Adventures and its respective directors, officers, employees, representatives and agents harmless from and against any and all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any other such person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.
OUR OBLIGATION TO YOU
12. THE SUNSET ADVENTURES PRICES
We reserve the right to change our prices at any time before you book. If we do, you will be told of the revised price applicable to your booking before you commit yourself. Thereafter the price of your travel arrangements is subject to surcharges on the following items for increases in: transportation costs e.g. fuel, scheduled airfares and other airline surcharges which are part of the contract between airlines (and their agents) and us, security charges, government action such as increases in VAT or any other government imposed increases, currency in relation to exchange rate variations.
Whether you cancel or not you will also be entitled, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out in these terms. Please note that in the event of the government or other regulatory body imposing a levy in order to provide additional protection we reserve the right to pass this on in full and it will not be subject to the surcharge requirements.
13. IF SUNSET ADVENTURES ALTERS YOUR CONFIRMED BOOKING
Whilst everything will be done to provide the holiday as confirmed to you, The Sunset Adventures may occasionally have to change your holiday arrangements or part of them. The Sunset Adventures reserves the right to do so. Most alterations are minor and should not affect the overall enjoyment of your holiday. In the case of minor alterations, we will do our best to notify you before departure.
If The Sunset Adventures has to make significant alterations to your holiday arrangements, we will notify you as quickly as possible. You may then:
a) accept the change and the contract will be varied to incorporate the change; or
b) take comparable alternative holiday subject to availability; or
c) withdraw from the booking completely, in which case The Sunset Adventures will make a full refund of all monies paid by you.
Note: If the substitute holiday is of a lower price than the one Booking Conditions originally booked, we will also refund the price difference. If the substitute holiday is of a higher price, we will deduct the price difference from the compensation payable.
Please note that The Sunset Adventures will not pay compensation for flight delays or schedule changes by the airline or other circumstances beyond The Sunset Adventures’ control.
As factors affecting flights stopping at an airport enroute are not normally known in time for notification, such alteration is not regarded as a significant change and neither are changes in carrier or aircraft type. The Sunset Adventures is not liable to pay compensation where the change is by reason of unusual and unforeseeable circumstances beyond Sunset Adventures’ control, and which could not have been avoided by the exercise of all due care.
14. IF THE SUNSET ADVENTURES CANCELS YOUR TOUR
Cancellation may be necessary in exceptional circumstances and The Sunset Adventures reserves the right in its absolute discretion to cancel your holiday. If this occurs, you will be offered the choice of an alternative holiday of comparable standard (if available) or a full and prompt refund of all monies you have paid. In no case except for circumstances outside our control or where you fail to make payment in whole or in part will your holiday be cancelled within 10 weeks of departure. Circumstances outside our control include but are not limited to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, epidemic, natural or nuclear disaster, fire, adverse weather conditions or unavoidable technical problems with transport.
15. BEHAVIOUR
Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, tour leader or other person in authority, your behavior is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.
16. DATA PROTECTION PRIVACY POLICY
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. You are responsible for ensuring that other members of your party are aware of our booking conditions and this privacy policy and that they consent to your acting on their behalf in your dealings with us. We may disclose this information to our service providers for the purpose of providing you with your travel arrangements and insurance. Only information necessary for this purpose will be disclosed to them. In the case of air travel, it may be mandatory for us to disclose information for security and anti-terrorism purposes and any other purpose imposed on us by governments or airlines.
We may use your information for the purposes set out in our data protection policy. We may disclose the same to companies who act as data processors on our behalf. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents, and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of everyone in the group with whom you are traveling. For example, if you contract an infectious illness whilst on holiday, we may need to make special arrangements for you and ensure that you do not return with the group immediately.
