Terms & Conditions

AFRICA BEYOND BORDERS LTD

STANDARD TERMS & CONDITIONS FOR GROUND HANDLING & TOUR OPERATIONS

Table of Contents

1. DEFINITIONS AND INCORPORATION

1.1. Company

‘Company’ refers to Africa Beyond Borders Ltd, a registered tour operator and ground handler in the Republic of Uganda. support, airport transfers, land transport, guiding, activity booking, and accommodation coordination provided within East Africa.

1.2. Client

‘Client’ refers to the international tour operator, travel agency, or individual traveler booking ground handling services directly with the Company.

1.3. Services

‘Services’ encompasses all inbound logistical support, airport transfers, land transport, guiding, activity booking, and accommodation coordination provided within East Africa.

1.4. Incorporation

Incorporation: By paying a deposit or confirming an itinerary via email, the Client agrees to be legally bound by these Terms and Conditions in accordance with the Contracts Act, 2010 (Uganda).

2. BOOKINGS, DEPOSITS, AND PAYMENT TERMS

2.1. Booking Confirmation:

A booking is considered confirmed only upon receipt of a written confirmation message from the Company and the required initial deposit.

2.2. Deposit Requirement:

A non-refundable deposit of 20% of the total safari or ground handling cost, plus 100% of the cost of statutory permits (such as Uganda Wildlife Authority gorilla and chimpanzee tracking permits), is required to secure the reservation.

2.3. Final Payment:

Balance payments must be fully cleared at least 45 days prior to the scheduled commencement of services. If a booking is made within 45 days of departure, full payment is required immediately.

2.4. Payment Methods & Currency:

All transactions are invoiced and payable exclusively in United States Dollars (USO). Payments must be settled via electronic bank wire transfer (SWIFT) under ‘OUR’ instruction, ensuring that the Client bears all associated sender, intermediary, and correspondent bank charges. The Company must receive the exact net amount invoiced.

2.5. Exchange Rate Guard:

In the event that any minor locally agreed incidental expenses are settled in Ugandan Shillings (UGX), conversions will be calculated strictly based on the Company’s internal commercial bank selling rate on the exact day of the transaction.

3. WILDLIFE PERMITS AND THIRD-PARTY SUPPLIERS

3.1. Permit Acquisition:

The Company acts strictly as a procurement facilitator for regulatory permits issued by the Uganda Wildlife Authority (UWA). Permits are strictly subject to UWA terms, are completely
non-refundable by the statutory body, and change availability rapidly.

3.2. Price Volatility:

The Company reserves the right to pass onward any sudden statutory fee hikes, national park entry tariff increases, fuel levies, or new government taxes introduced after booking confirmation.

3.3. Independent Suppliers:

Safaris utilize third-party lodges, camps, and regional aviation lines. The Company manages these relationships professionally as a disclosed agent but cannot accept financial or legal liability for service failures, bankruptcies, or unilateral policy shifts initiated by independent suppliers.

4. CANCELLATION AND REFUND POLICY

All cancellation notifications must be submitted in writing via email. The cancellation penalty is calculated as a percentage of the total package cost based on the number of days prior to tour commencement that the notice is received:

All cancellation notifications must be submitted in writing via email. The cancellation penalty is calculated as a percentage of the total package cost based on the number of days prior to tour commencement that the notice is received:

60+ days prior to arrival: Forfeit of the initial deposit.
59-30 days prior to arrival: 50% of the total booking cost is forfeited.
29 days or less prior to arrival: 100% of the total booking cost is forfeited.

Note on Permits: Gorilla tracking, chimpanzee tracking, and mountaineering permits are completely
non-refundable under all timelines due to strict Uganda Wildlife Authority institutional regulations.

5. VEHICLES, ROUTING, LOGISTICS, AND SUB-CONTRACTING

5.1. Transport Provision:

The Company provides custom 4×4 safari land cruisers configured with pop-up roofs for game viewing. Vehicles are regularly serviced and maintained to meet high-tier roadworthiness standards.

5.2. Vehicle Sub-Contracting:

To efficiently manage high-season capacity spikes or handle unforeseen operational emergencies, the Company reserves the right to sub-contract 4×4 safari vehicles from pre-audited, trusted fleet partners. Any outsourced vehicle must match the structural specifications and safety standards of the Company’s owned fleet. All guiding, hosting, and tracking services will remain guaranteed under the direct execution of the Company’s own in-house staff.

5.3. Route Alterations:

Given the localized geographical realities of rural Uganda (including seasonal flash floods, rapid road degradation, or unexpected national park gate closures), the Company retains absolute discretion to alter routes, itineraries, or re-route transport to ensure client safety.

5.4. Breakdown Protocol:

In the rare event of a mechanical breakdown on rugged terrain, the Company pledges to dispatch a replacement vehicle or source certified mechanical intervention immediately. No refunds are provided for minor operational delays that do not structurally truncate the safari experience.

6. LIMITATION OF LIABILITY AND FORCE MAJEURE

6.1. Comprehensive Liability Cap:

To the maximum extent permitted by Ugandan law, the Company’s liability for any claim, loss, injury, or damage is strictly capped at the total amount paid by the Client for the ground handling services.

6.2. Force Majeure Events:

The Company cannot be held liable, nor be deemed in breach of contract, for service disruptions caused by factors beyond reasonable corporate control. This includes acts of God, unexpected wildlife migrations, civil unrest, political strikes, border closures, pandemics, national telecommunication or mobile network outages, extreme weather systems, and sudden unilateral shifts in park entry rules or state tracking regulations.

6.3. Mandatory Insurance:

All travelers must hold comprehensive international travel insurance covering emergency medical evacuation, wilderness rescue, repatriation, personal injury, baggage loss, and trip cancellation.

7. CLIENT MEDICAL CONDITIONS AND SAFARI RESPONSIBILITY

7.1. Physical Requirements:

Gorilla trekking and primate tracking require strenuous physical exertion in dense, high-altitude rainforests. Clients or their booking agents are legally obligated to disclose any relevant medical conditions, mobility issues, or chronic illnesses at least 30 days prior to arrival.

7.2. Park Authority Prerogative:

Primate tracking park rangers reserve the ultimate statutory authority to deny entry to any client displaying visible symptoms of communicable illnesses (e.g., flu, colds) to protect endangered mountain gorillas from cross-species contagion.

8. DATA PRIVACY AND COMPLIANCE

8.1. Data Collection:

The Company collects names, passport details, dietary preferences, and medical constraints solely to secure park permits and finalize hotel bookings.

8.2. Statutory Alignment:

All personal data collected is processed in strict compliance with the provisions of the Data Protection and Privacy Act, 2019 (Uganda). Data is never sold or shared with unrelated commercial entities.

9. GOVERNING LAW AND LOCAL DISPUTE RESOLUTION

9.1. Jurisdiction:

This agreement, its interpretation, and all legal relationships arising from it are governed exclusively by the laws of the Republic of Uganda.

9.2. Amicable Settlement:

In the event of a dispute, both parties commit to resolving the issue through collaborative, amicable, and private negotiations within 30 days of notice.

9.3. Formal Arbitration:

Any dispute that cannot be resolved amicably will be escalated to formal, binding arbitration in Kampala, Uganda, administered in accordance with the Arbitration and Conciliation Act, Cap 4 of the laws of Uganda.