Terms and Conditions

These Terms and Conditions govern bookings and services arranged by Empathy Tours, including private safaris in Uganda, gorilla trekking arrangements in Rwanda, transfers, activities and car hire.

Please read them before confirming a booking.

In these Terms, "Empathy Tours", "we", "us" and "our" refer to Empathy Tours [insert registered legal entity name]. "You", "your", "traveller" and "client" refer to the person making the booking and, where applicable, every person included in that booking.

Our principal place of business is at Plot 7 Old Port Bell Rd, Kampala, Uganda.

Contact: info@empathytours.com

1. Your contract with Empathy Tours

A booking becomes confirmed only when:

1. you accept the proposed itinerary, quotation or rental arrangement;
2. we receive the required deposit or full payment;
3. any immediately payable permits, flights or other services have been paid for; and
4. we issue written confirmation of the booking.

An enquiry, proposed itinerary, quotation or provisional reservation does not by itself create a confirmed booking.

All services remain subject to availability until confirmed.

2. The lead traveller

The person making the booking must be at least 18 years old and is considered the lead traveller.

By confirming a booking, the lead traveller confirms that they:

• have authority to make the booking for everyone named in it;
• have provided accurate information;
• will ensure that every traveller is aware of these Terms;
• will communicate material booking changes to the other travellers; and
• accepts responsibility for payments due under the booking.

Where you provide personal information for another traveller, you must have authority to provide that information to us.

3. Quotations and prices

Our quotations are based on the itinerary, dates, number of travellers, accommodation category, vehicle, activities and other services shown in the quotation.

A quotation is valid for the period stated on it. If no validity period is stated, availability and pricing must be reconfirmed before payment.

Prices may be quoted in US dollars, Uganda shillings or another stated currency.

Unless otherwise stated, prices do not include:

• international flights;
• visas;
• travel insurance;
• vaccinations or medical expenses;
• personal purchases;
• gratuities;
• optional activities;
• services not shown as included in the confirmed itinerary; or
• bank, card or international transfer charges.

You are responsible for ensuring that Empathy Tours receives the full invoiced amount after any bank or transfer charges.

4. Government, park and third-party charges

Park fees, permits, conservation charges, taxes, flights and other third-party costs are outside our direct control.

If a government authority, national park, airline or other supplier changes a compulsory charge before travel, we may adjust the booking price to reflect that change.

We will explain any material increase before requesting additional payment.

A confirmed quotation does not prevent a government or issuing authority from changing a fee that applies to your travel dates.

5. Deposits and payment

Unless different terms are stated in your quotation:

• a 20% booking deposit is required to confirm the land arrangements;
• gorilla, chimpanzee and other primate permits must be paid for in full when we require funds to purchase them;
• flights and any other services requiring immediate non-refundable payment must also be paid for in full; and
• the remaining balance is due 60 days before the safari or service start date.

Bookings made within 60 days of arrival require full payment at confirmation.

We may release accommodation, vehicles or other reservations where payment is not received by the due date.

6. Gorilla, chimpanzee and other permits

Primate permits are issued and controlled by the relevant wildlife or government authority. Empathy Tours does not control permit allocation.

Permit availability is not guaranteed until:

1. we have received the required payment; and
2. the issuing authority has confirmed or issued the permit.

A screenshot, verbal indication or unconfirmed availability check does not constitute a secured permit.

Once purchased, permits are subject to the rules of the issuing authority. Depending on the permit type, travel period or applicable tariff, a permit may be non-refundable, non-transferable, non-reschedulable or subject to amendment charges.

Where an issuing authority refunds any part of a permit cost, we will pass on the amount actually recovered for you after any unavoidable transaction or administrative costs have been accounted for.

Special, promotional and low-season permits may carry stricter conditions.

7. Traveller information required for permits and reservations

We may require information including:

• full legal name as shown on your passport;
• nationality;
• passport number;
• date of birth;
• passport expiry date; and
• other information required by the issuing authority.

You are responsible for ensuring that the information supplied is accurate.

Costs resulting from incorrect information supplied by you, including permit amendments or rebooking, are your responsibility.

8. Changes requested by you

Requests to change a confirmed booking must be made in writing.

We will make reasonable efforts to accommodate changes, but they remain subject to availability and supplier conditions.

You are responsible for additional costs resulting from a requested amendment, including:

• accommodation rate differences;
• permit changes;
• flight changes;
• vehicle changes;
• supplier amendment charges; and
• additional operational costs.

Some confirmed services cannot be amended.

9. Cancellation by you

Cancellation must be made in writing and takes effect when we receive it.

Unless your quotation states different cancellation conditions, the following charges apply:

Where non-refundable permits, air tickets or supplier commitments exceed the standard cancellation amount, the cancellation charge may instead reflect the actual non-recoverable commitments made for your booking, up to the total confirmed booking value.

Any more restrictive supplier cancellation condition that materially affects your booking will be communicated where reasonably possible before confirmation.

We strongly recommend cancellation insurance.

10. Refunds and unused services

No refund is normally payable for services you voluntarily do not use after the trip has started, including:

• accommodation;
• meals;
• activities;
• transfers;
• park visits;
• permits; or
• vehicle time.

This also applies to late arrival or early departure unless we recover money from the relevant supplier.

Where we successfully recover a refundable amount from a supplier, we will pass that refund to you after deducting any unavoidable charges connected with obtaining or transferring the refund.

11. Changes made by Empathy Tours

Safari travel sometimes requires operational changes.

We may change an itinerary where reasonably necessary because of circumstances including:

• weather;
• road conditions;
• park restrictions;
• wildlife authority instructions;
• accommodation problems;
• vehicle breakdown;
• flight schedule changes;
• border restrictions;
• security concerns; or
• circumstances affecting traveller safety.

Where a material service becomes unavailable, we will try to provide a reasonable alternative of a similar standard.

Changes made for safety, operational necessity or circumstances beyond our reasonable control do not automatically entitle a traveller to compensation.

12. Wildlife and primate sightings

Wildlife moves freely and sightings cannot be guaranteed.

Gorilla and chimpanzee trekking takes place in natural forest environments. The location of the animals, duration of the trek, trail conditions, weather and behaviour of wildlife cannot be predicted by Empathy Tours.

We do not guarantee:

• a particular animal sighting;
• a specific gorilla family;
• trek duration;
• easy terrain;
• specific wildlife behaviour;
• photographic conditions; or
• proximity beyond the rules established by the relevant authorities.

Travellers must follow instructions given by wildlife authorities, trackers, rangers and guides.

13. Fitness, health and accessibility

Some activities involve uneven ground, altitude, steep slopes, heat, mud, long drives or extended walking.

You must tell us before confirmation about any medical condition, disability, mobility limitation, dietary requirement or other circumstance that may materially affect your ability to participate.

We will make reasonable efforts to assist with appropriate arrangements but cannot guarantee that every destination, lodge, vehicle or activity will be accessible.

You remain responsible for obtaining appropriate medical advice before travelling.

14. Travel documents and entry requirements

You are responsible for ensuring that you hold the documents required for travel, including where applicable:

• a valid passport;
• visas;
• vaccination or health documentation;
• travel permits;
• driver's licence; and
• cross-border documentation.

Immigration, visa, vaccination and entry rules can change.

Information provided by Empathy Tours is planning guidance and does not replace instructions from the relevant government, embassy, immigration authority or qualified medical professional.

15. Travel insurance

Comprehensive travel insurance is a condition of booking.

Your policy should be suitable for your itinerary and should normally cover:

• medical treatment;
• emergency evacuation;
• trip cancellation;
• trip interruption;
• delayed or cancelled travel;
• loss or damage to baggage and personal property; and
• the activities included in your itinerary.

Gorilla trekking, hiking or other activities should be covered where relevant.

We may request evidence of insurance before departure.

Empathy Tours is not an insurer and does not decide whether an insurance claim will be accepted.

16. Independent suppliers

Some services are provided by independent businesses and authorities, including:

• lodges and hotels;
• airlines;
• charter operators;
• national park and wildlife authorities;
• activity providers;
• boat operators;
• local guides;
• restaurants;
• transfer providers; and
• other travel suppliers.

Their own terms may apply to the services they provide.

Empathy Tours selects and coordinates suppliers but does not control every aspect of an independently operated service.

Nothing in these Terms excludes responsibility that Empathy Tours cannot lawfully exclude.

17. Force majeure

We are not responsible for failure to perform a service where performance is prevented or materially affected by circumstances beyond our reasonable control.

These may include:

• natural disasters;
• severe weather;
• fire or flooding;
• epidemic or public-health restrictions;
• war or threat of war;
• terrorism;
• civil unrest;
• government action;
• border closure;
• park closure;
• strikes;
• airspace restrictions;
• major transport disruption; or
• similar extraordinary events.

Where possible, we will work with suppliers to rearrange affected services or recover refundable amounts.

Any refund or credit will depend on money actually recoverable from the affected suppliers and authorities.

18. Safety and conduct

Travellers must comply with reasonable instructions given by Empathy Tours staff, guides, drivers, lodge staff, rangers and relevant authorities.

We may refuse or discontinue a service for a traveller whose behaviour:

• threatens their own safety or another person's safety;
• seriously disrupts other people;
• damages property;
• harms wildlife or the environment;
• breaches park or wildlife regulations;
• involves illegal activity; or
• places our staff, suppliers or vehicles at unreasonable risk.

Where participation is terminated because of serious misconduct, the traveller is responsible for resulting costs and no refund will normally be due.

19. Car hire

Car hire bookings are subject to these Terms and the vehicle-specific rental agreement provided for the booking.

The rental agreement will set out applicable details including:

• permitted drivers;
• driver's licence requirements;
• rental period;
• mileage conditions;
• fuel policy;
• security deposit;
• insurance and insurance excess;
• excluded damage;
• cross-border restrictions;
• prohibited use;
• breakdown procedures;
• vehicle return conditions; and
• charges for loss or damage.

Where the vehicle-specific rental agreement conflicts with these general Terms on a matter relating specifically to vehicle hire, the vehicle-specific agreement takes precedence.

A vehicle described as a 4x4 does not guarantee that every road will remain passable. Weather, flooding, road closures and park instructions may require route changes.

Only authorised drivers may operate a self-drive vehicle.

The renter is responsible for traffic offences, parking penalties and consequences of unlawful or unauthorised vehicle use during the rental period.

20. Vehicle breakdowns

Safari and rental vehicles are maintained for the intended service, but mechanical problems can occur.

Where a vehicle becomes unusable through mechanical failure, we will make reasonable efforts to repair or replace it as quickly as operationally possible.

Replacement timing may depend on the traveller's location and availability of suitable vehicles.

A mechanical delay does not automatically create a right to a full refund where the service can reasonably be restored or replaced.

21. Baggage and personal belongings

You are responsible for your baggage, money, electronics, passports and other personal possessions.

Empathy Tours is not responsible for loss, theft or damage unless caused directly by our negligence and liability cannot lawfully be excluded.

Travellers should use hotel safes and other secure storage where available.

22. Complaints during travel

Tell us about a problem as soon as it occurs.

Reporting a problem immediately gives our team and the relevant supplier an opportunity to resolve it while you are still travelling.

Where the matter cannot be resolved during the trip, send a written complaint to info@empathytours.com within 30 days after the service ends.

Include enough information for us to investigate the issue properly.

23. Website information

We take reasonable care when publishing information about destinations, permits, accommodation, roads, parks, prices and travel requirements.

Travel information changes.

Website content is general information and does not override:

• your confirmed quotation;
• your final itinerary;
• your invoice;
• a signed car hire agreement;
• official wildlife-authority rules; or
• written communication specific to your booking.

Where there is a difference, the most recent booking-specific written information normally takes precedence.

24. Intellectual property

Unless otherwise stated, text, branding, graphics, website design and original material published by Empathy Tours are owned by or licensed to Empathy Tours.

You may use the website for personal travel planning.

You may not copy, republish, commercially exploit or systematically reproduce our content without permission, except where permitted by law.

25. Third-party websites

Our website may contain links to external websites.

We are not responsible for the content, availability, privacy practices or security of websites operated by third parties.

26. Limitation of liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

To the extent permitted by law, Empathy Tours is responsible for direct loss caused by our proven breach of contract or negligence but is not responsible for loss caused solely by:

• the traveller;
• an unrelated third party;
• circumstances outside our reasonable control; or
• failure by the traveller to follow reasonable instructions or applicable rules.

Any liability relating to a service provided by an independent carrier or other supplier may also be subject to applicable laws, conventions and the supplier's lawful conditions.

27. Privacy

Personal information is handled in accordance with the Empathy Tours Privacy Policy.

Travel bookings may require personal information to be shared with wildlife authorities, accommodation providers, airlines, transport providers and other suppliers involved in delivering your itinerary.

28. Changes to these Terms

We may update these Terms when our services, regulations or operating requirements change.

The Terms applying to a confirmed booking are normally those accepted at the time the booking was confirmed, except where a later change is required by law or by a government or wildlife authority.

29. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.

30. Governing law and jurisdiction

These Terms and any contract between you and Empathy Tours are governed by the laws of Uganda.

Unless applicable law requires otherwise, disputes that cannot be resolved directly between the parties will be subject to the jurisdiction of the competent courts of Uganda.

31. Contact

Questions concerning these Terms can be sent to:

Empathy Tours — Plot 7 Old Port Bell Rd, Kampala, Uganda

Email: info@empathytours.com

Registered legal entity: [insert legal entity name]
Registered address: Plot 7 Old Port Bell Rd, Kampala, Uganda