Terms & Conditions
The terms and conditions we live by and work under are simple - we want to make you happy within the realm of what we control in Uganda.
Let's start work on that.
These General Terms and Conditions apply generally to the services and packages we offer at Shiyaya Tours and Travel Uganda, and Shiyaya Group Uganda Limited.
This document is to be read carefully as it pertains to your bookings and reservations and could have an impact on your enjoyment of the holiday we have arranged for you.
Your payment to Shiyaya confirms that you have read and that you accept these terms and conditions unconditionally.
The services and packages are sold by the Company as agents for other tour operators and travel package providers, inter alia, accommodation and transportation services. All tickets, coupons, exchange orders, vouchers and receipts are issued subject to the appropriate tariffs and terms and conditions of sale of Shiyaya’s principals and these conditions. It is important to note that all bookings made by Shiyaya are subject to the terms and conditions imposed by airlines, bus, train, boat and coach operators, hoteliers and others providing services including, but not limited to, shipping, rail, car hire, ferry, tour and restaurant operators whose services are utilised and vended by Shiyaya, some of which limit or exclude liability in respect of insolvency, non-operation, death, personal injury, delay and loss or damage to baggage.
Shiyaya accepts no liability for any loss or damage occasioned by the negligence of such principals and reserves the right to cancel or modify itineraries or bookings where circumstances require. Shiyaya cannot accept any liability for the acts, omissions or default, whether negligent or otherwise, of airlines, car rental operators, ferry companies, hoteliers, tour operators or other persons providing services in connection with your tour pursuant to a contract between themselves and you (which may be evidenced in writing by the issue of a ticket, voucher, coupon or the like) and over whom Shiyaya has no direct or exclusive control. Your acceptance of any tickets, coupons, exchange orders, vouchers and receipts will be deemed acceptance of the above conditions and of any alterations made to your tour or travel package. Shiyaya reserves the right to decline acceptance of any individual on any tour.
For purpose of this document, “Force Majeure” is defined as an event or events which are beyond the reasonable control of a Party, and which makes a Party’s performance of it’s obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.
Force Majeure shall not include any event which is caused by the negligence or intentional action of a Party or such Party’s Sub-contractors or agents or employees; nor any event which a diligent Party could reasonably have been expected to avoid or overcome in the carrying out of its obligations.
In addition, Shiyaya will not accept liability for the client’s insufficiency of funds or failure to make any payment required under the package. The failure of a Party to fulfil any of its obligations within these Terms and Conditions of Service, shall not be considered to be in breach of, or default under, the Conditions insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Contract. A Party affected by an event of Force Majeure shall take all reasonable measures to:
(a) remove such Party’s inability to fulfil its obligations hereunder with a minimum of delay; and
(b) minimise the consequences of any event of Force Majeure.
A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than ten (10) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible. During the period of their inability to perform the Services as a result of an event of Force Majeure, the client shall be entitled to a refund under the Shiyaya Refund/ cancellation terms. Not later than five (5) days after the affected party has communicated the effect of the event of Force Majeure, and is unable to fulfill a material portion of the services, the Parties shall consult with each other with a view to agreeing appropriate measures to be taken in the circumstances.
The products and services sold by Shiyaya are subject to availability at the time of booking.
Rates and Price Variations
Shiyaya reserves the right to vary rates in the event of adverse moments in exchange rates or price rises made by our principals. Additional bookings will be subject to the appropriate and relevant surcharges as we may deem reasonable. Rates are: per tour, per night, accommodation, per crossing ferries, per package; as appropriate or fitting to the particular service or product. Car rental is based on a 24-hour period commencing either from the time of pick-up or start hour of the day in question.
Price Inclusions and Exclusions
The items included in the prices or rates of the services or packages we sell are specified in each section. Prices do not include: meals other than as stated in itineraries; air fares; government taxes or other statutory charges; passport and visa charges; vaccination fees; airport taxes; all items of a personal nature such as telephone calls, beverages (especially of an alcoholic nature); laundry; excess baggage charges and gratuities; travel insurance; and others unless specifically stated.
Spelling of Names and Documentation
It will be the duty and responsibility of the client, customer or traveler to ensure that the spelling of all names is correct and matches the details exactly as shown on passport(s) and other official travel documents. It is the responsibility of the client, customer or traveler to supply us with accurate information at the time of booking, and as such any substantial costs incurred to amend such said details at a later stage will be borne by the client, customer or traveler.
Travel documents and copies of the same will be dispatched or communicated to the client, customer or traveler within 24 (twenty-four) hours of being received at Shiyaya.
Passport and Visas
Shiyaya will provide whatever assistance we can within reasonable limits, to ease the client, customer or traveler’s acquisition of a passport or visa for travel purposes related to a booking we are handling.
That said, it is the responsibility of the client, customer or traveler to bring any such needs to our attention within ample time to enable us to offer the support that may be required.
It is the responsibility of the client, customer or traveler to appraise themselves fully of the passport and visa requirements of their scheduled travel, even though Shiyaya will gladly help in this process.
Access and entry into any country is at the discretion of the immigration authorities of that country. Shiyaya will not be held responsible if a client, customer or traveler is denied entry into their destination country of choice.
Where vaccinations are required for travel to be conducted, it is the responsibility of the client, customer or traveler to make the necessary arrangements before embarking on the travel.
It is the responsibility of the client, customer or traveler to take out the necessary and appropriate travel insurance before embarking on the trip. Shiyaya advises its clients to make additional payment for the emergency medical evacuation, to be included in the holiday package costs.
Payments to The Company
Shiyaya will only consider a booking made and secured when full payment is made, confirmed and receipted.
Shiyaya will not accept any liability until payment is actually received and receipted by ourselves. Any binding contract will only exist between Shiyaya and client, customer or traveler when final payment has been made and all tickets, coupons, exchange orders, vouchers and receipts have been issued to you.
Shiyaya will not accept any responsibility for the fraudulent use of a credit card or other bank cards.
Payment received via Credit Cards will incur the following fees: Visa / MasterCard and American Express – 5%
Cancellation of Booking
Shiyaya may cancel a booking on request with reasonable notice, but our liability will be limited to a refund of all monies paid by a client, customer or traveler, minus our cancellation service fees - which may vary - and minus charges that will be made by airlines, hotels, car hire companies, cruise companies, tour operators, and other suppliers.
Cancellation fees may range between 50% and 100% of the total cost (not including taxes/port fees.)
The refund of monies from third parties will be at the sole discretion of those parties, and may take 12 (twelve) weeks to secure.
Please note that many travel suppliers will consider passenger name changes and itinerary alterations as FULL CANCELLATIONS, and as such these changes can incur full cancellation charges.
Also, all travel suppliers charge amendment and cancellation fees. In many cases, cancellation costs may be claimed against your insurance policy, but it is the responsibility of the client, customer or traveler to take advantage of travel insurance.
All airlines changes and cancellations can be made through the applicable airline directly or through Shiyaya.
Cancellation fees will be levied in addition to any fees charged by the travel package or product supplier.
Shiyaya will not be responsible for paying any extra costs or expenses you may incur.
Flight Timings, Departure Points, Flight Numbers
The timings shown on a client, customer or traveler’s air ticket are subject to re-confirmation on both OUTBOUND and INBOUND journeys. It is the responsibility of the client, customer or traveler to contact the applicable airline about flight confirmations or alterations at least 72 hours before departure. Shiyaya cannot accept responsibility for amended flight timings or numbers.
Multiple Tickets and Connections
If a client, customer or traveler purchases multiple tickets, they are transiting or connecting from one carrier to another, but regardless of whether or not the flight is with the same carrier, Shiyaya cannot accept responsibility for any future schedule changes that may affect connecting flight times. Also, Shiyaya cannot accept responsibility for any additional costs incurred in changing flights to accommodate possible future amended schedules.
Hotels and room upgrades are listed as per the reservation made by the client, customer or traveler. Hotel grades and hotel standards vary between countries, and as such expectations may have to change with territory. Any transfers, breakfasts or late checkouts booked and prepaid will be shown on the relevant vouchers.
Most airlines run a policy under which infants under two (2) years of age (international flights) and under three (3) years of age (domestic flights) are normally not allocated a seat of their own.
Shiyaya will not require you to make a mandatory security deposit for the services and packages we provide. Security deposits may be necessary, however, for certain third party charges, and will be communicated in advance at the time bookings are made.
Refunds for Unused Services
No refunds will be made for unused services where a client, customer or traveler terminates a service or package after it has commenced, regardless of the reason provided. Where refunds for unused third-party services are allowed (say, in the instance of go-as-you vouchers) a service fee will be charged against the value of the refund. No request for refunds will be entertained without the accompanying official documentation.
Frequent Flyer Customers
Please note if you are a frequent flyer member you should retain your air ticket and boarding pass as Shiyaya cannot be held responsible for obtaining copies of your air ticket at any future date. It is the responsibility of the client, customer or traveler with a frequent flyer programme to keep track of frequent flyer points and their booking status.
When a client, customer or traveler, or an appointed agent provides us with information about them, this will be taken as acknowledgement that Shiyaya can use this information principally for the purpose of making tours and travel reservations and arrangements for said persons. Where necessary we may disclose this information to third parties including but not limited to airlines, hotels, car rental companies, rail operators, tour wholesalers, insurance companies, their intermediaries and related suppliers. From time to time we may send you information that may help you to understand and make decisions regarding your travel needs, which could include holiday and flight offers. By accepting these terms and conditions you are agreeing to receive copies of our electronic newsletters. If you do not consent to us sending you information please advise us directly. At all times we will maintain an unsubscribe button to enable you to do so.
All our travellers are advised to take out a Travel Insurance Policy to cover any travel emergencies
Shiyaya Tours offers its clients the option to pay for medical emergency evacuation under the AMREF Flying Doctors
For emergency motor vehicle mishaps, Shiyaya Tours will always ensure there is a back-up vehicle and driver available for every group out on a safari.