We are Foothills Safaris Africa Ltd, a company registered in Rwanda, number 120150894.

Our address is Musanze, RWANDA.

These terms and conditions are your contract with us for provision of any Holiday Services you book with us.

In this document, "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.

These are the agreed terms:

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1. Definitions

Holiday: means any Safari, Experience,Tour or Tracking constituted in the services we offer.

Holiday Services: means our service in providing a Holiday.

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2. The contract between us

2.1.   Foothills Safaris Africa Ltd Holiday Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.

2.2.   The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Holiday as agreed upon at the time of your booking.

2.3.   If we are unable to accept your booking, we will of course return your payment to you within 14 days

2.4.   For you to make a booking, we require your deposit and a completed booking form, which we will provide to you by email.. Our confirmation invoice will be sent to you by email. We may decline your booking for any reason and we do not have to give you the reason. If that happens, we will return your money to you within 14 days.

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3. Your authority to book for others

3.1.   If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.

3.2.   It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.

3.3.   As lead member of your party, we will deal only with you in our correspondence.

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4. What is included in the price of a Foothills Safaris Africa Ltd Holiday?

4.1.   travel from the meeting point to your return to the departure point (which is likely to be the same place);

4.2.    entrance fee to Rwanda National Parks as specified in your contract with us;

4.3.    activity fees (such as community based activities, museum visits) as specified in your contract with us;

4.3.   accommodation and all meals (unless otherwise stated in the itinerary);

4.4.   drinking water;

4.5.   services of one or more Driver Guides.

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5. What is NOT included?

5.1.   return flights to the holiday destinations;

5.2.   all other costs incurred before you board transport at the meeting point and after you return to the departure point;

5.3.   travel insurance, medical insurance, cancellation insurance or any other insurance personal to you;

5.4.   passport and visa costs;

5.5.   vaccinations and medication, before, during and after the Holiday;

5.6.   Covid-19 testing (mandatory before visiting National Parks in Rwanda);

5.7.   food and drink over and above what we include in the Holiday;

5.8.   any additional activities not included in your booking with us, 

5.9    any additional services including porter fees, laundry and wifi;

6.0    items of a personal nature;

6.1    gratuities you choose to give.

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6. Holiday prices

6.1.   When you make your booking, we shall ask you for a deposit of 50% of the total cost. Deposits are non-refundable, except as mentioned below, may be transferable to another Foothills Safaris Africa Ltd Holiday. The balance of the price must be paid at least 42 days before your departure date. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit. 

6.2.   Any booking made less than 42 days prior to the departure date must be accompanied by full payment at the time of making the booking. 

6.3.   We shall not change the price of your booking once we have accepted your booking.

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7. Special requests

Any special requests relating to your travel arrangements must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirmation in writing to you at least 42 days before your departure date.

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9. Changing your booking

We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of $150 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made. 

If you change your holiday with us due to Force Majeure such as natural disasters or government restrictions, and if you provide us with at least seven days’ notice, we will do our best to reschedule your booking without charges. 

11.  Cancellation by you

11.1. If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable. We therefore charge a rounded cancellation fee as follows:

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more than 42 days before departure:                        40% of booking cost

between 41 and 30 days before departure:               50% of booking cost

29 or fewer days before departure:                            No refund

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If you decide to cancel your holiday with us due to Force Majeure, and if you give us at least seven days' notice, we will refund 50% of your booking. However, payments made to third parties (particularly government permits) on your behalf and taxes already paid may not be refundable, and where refunds are possible, some fees may apply.

We do not provide refunds in the event of positive Covid-19 tests, medical emergencies, if any participants do not arrive, if any participants arrive late, or if any participants leave after the activity or tour has started. 

11.2. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Foothills Safaris Africa Ltd Holiday you choose. But whether we do so is at our discretion, for which we do not have to give a reason. 

11.3. In any of the above circumstances, we will return any money due to you within 14 days.

Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.

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12. If we cancel your Holiday or make changes

Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Holiday. If that happens, the following terms apply:

12.1. We will always inform you as soon as possible about any change. If that happens you may:

12.1.1     accept the change; or

12.1.2     accept our offer of alternative travel arrangements of a comparable standard; or

12.1.3     cancel your booking, whereupon we will give you a full refund of all money paid.

12.2.        We will not compensate you for minor changes outside our control. 

12.3.        Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.

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13. If you have a complaint

If you have a problem during your Holiday it is most important that you immediately inform Foothills Safaris Africa representative at the time. If you complain only after you have returned home, we shall not be able to investigate the problem - for your benefit and ours. If that happens, you may lose your right to compensation.

If you feel our representative has not resolved your problem, please write to us within 14 days of your return giving us full details of your Holiday and concise details of the complaint and any subsequent history.

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14. Limitations on our liability

14.1. We want you to enjoy a perfect holiday with Foothills Safaris Africa Ltd. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.

14.2. If we fail to provide the Holiday set out in our contract with you at the time of your booking and to which these terms apply, our total aggregate liability will be limited to the amount which you have paid to us for your Holiday.

. We are not liable if any failure is due to:

14.2.1     your own carelessness or negligence in any aspect of your behaviour whilst on Holiday;

14.2.2     medical emergencies;

14.2.3     local laws, culture and standards of service and behaviour; 

14.2.4     changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;

14.2.5     some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;

14.2.6     any other unusual and unforeseeable circumstances beyond our control, including but not limited to injury, illness, and any property loss or damage.

14.2.7     a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;

14.3. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.

14.4. The services and features included in your Holiday are those specified at the time of your booking.If you choose to buy other goods or services during your Holiday, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly we are not liable to you for any happening in connection with that service or goods.

14.5. It is a condition of this contract that you take out a policy of travel insurance. You alone are wholly responsible for arranging your insurance. The period of cover should start no later than the date you make your booking with us.

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15. Passport, visa and immigration requirements

It is extremely important that you obtain and carefully check travel and immigration documents required for each country you visit. You alone are responsible for obtaining required travel documents for your party. We do not accept responsibility for any delay or problem which may occur in this connection. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on that holiday, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group.

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16. Help we need from you

Your information pack will provide details about your chosen Holiday, but the following are contractual matters:

16.1. Most Foothills Safaris Africa Ltd Holidays require reasonable physical fitness and appropriate footwear. You should be prepared to walk up to a couple of kilometres a day, sometimes on uneven or slippery surfaces.

16.2. If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Holiday.

16.3. If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other member, we may exclude you from the programme for the remainder of the Holiday. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.

17. Terms and conditions of third party providers

Many of the services we provide, including options which may occur from time to time during your Holiday, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.

Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.

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18. Miscellaneous matters

18.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

18.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall continue.

18.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.

18.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

18.5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

18.6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

18.7. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

18.8. The validity, construction and performance of this agreement shall be governed by the laws of Rwanda and the parties agree that any dispute arising from it shall be litigated only in Rwanda.

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Issue Date: 16/08/2023

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