Terms of Service

Njagi (U) SMC Ltd (herein also called “NjagiSMC”, “we”, or “us”), which is registered in Uganda and operates all activities featured on this website.

1. Our Details of Terms of Services

Njagi (U) SMC Ltd is a private company registered by the URSB under registration number 80020003943344 and TIN Number 1036396583. We are based at Plot 1063 Block 31 Kwata Village, Malima Parish-Muduma, Mpigi District, Uganda. 

2. YOUR BOOKING WITH NJAGISMC

A booking with NjagiSMC will exist as soon as we issue our ‘Confirmation Invoice & Itinerary’. We will issue this after receiving your deposit and confirming every element of your trip to East Africa.

We will make your booking on the terms of these booking conditions. In agreeing to them, you guarantee that you have the authority to accept and do accept on behalf of your party (named on the booking form) the terms of these booking conditions.

3. PAYING FOR YOUR TRIP TO EAST AFRICA

When you make your booking, you must pay a deposit of 30% of the booking cost. Balance or full payment should be made within 45 days of the trip’s departure. Sometimes your booking may require other upfront payments on top of the usual 30% deposit such as for internal flights, gorilla permits or some bookings over peak holiday periods.

Chimpanzee and Gorilla permits in Uganda and Rwanda must be paid 100% upfront based on the government’s advertised price. Changes in pricing and booking terms of the permits are independent of NjagiSMC terms and determined by the government body in charge of wildlife.

We will inform you before booking your trip with us if an additional deposit is required. Then you must pay the remaining balance of the booking cost at least 45 days before your departure date.

If the deposit and/or balance is not paid in time, we have the right to cancel your travel arrangements and will retain your deposit. If your payment is late, we will send you a reminder, and if it is still not paid, we will be forced to cancel your trip.

Any quote offered to you is valid for 7 days from that date, after which we may have to vary the price due to cost changes.

Our suppliers have rates in US dollars. We will quote you a trip in only USD, and any quote you receive from us will be valid for 14 days.

4. IF YOU CANCEL YOUR TRIP TO AFRICA

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received by email.

Please send it to manager@njagismc.com or njagismc@gmail.com and ensure that NjagiSMC acknowledges the email. Since we incur costs in canceling your travel arrangements, you will have to pay cancellation charges as follows:

Period before departure in which you notify us: Cancellation charge:

1. More than 90 days No charge: full refund
2. 45 to 90 days 30% of booking cost
3. less than 45 days 100% of booking cost
4. No show 100% of booking cost

Note: Some entities have high cancellation charges over peak booking periods, such as December to February or May to July. That may affect the above cancellation charges, making them higher than normal.

If higher-than-normal cancellation charges affect your booking, we will inform you in writing at the quote stage and before you pay your deposit. Once your deposit is paid and we have issued you a Confirmation Invoice, you are liable for these increased cancellation charges.

If you paid upfront for gorilla permits or domestic flights at the deposit stage, these are non-refundable. So the cost of these will be retained by us on top of the cancellation charges indicated above.

Suppose the reason for your cancellation is covered under the terms of your insurance policy. In that case, you can reclaim these charges, and we can issue you a cancellation invoice to support your claim.

5. IF YOU CHANGE YOUR BOOKING

If, after we’ve issued our confirmation invoice and you wish to change your travel arrangements in any way, for example, your chosen departure date or accommodation. We will do our best to make these changes for you. However, it may only sometimes be possible.

Any request for changes to your confirmed booking must be in writing from the person who made the booking. We may ask you to pay an administration charge of USD 50 and any further costs we incur in making this alteration per person.

You should be aware that the closer to your departure date, the higher the costs of making changes to your confirmed booking will likely be. So you should contact us to make them as soon as possible.

Note: Certain travel arrangements may not be changeable after a reservation, and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In particular, any changes requested within 45 days of departure will be subject to the cancellation charges above.

You can transfer your booking to another person who satisfies all the conditions that apply to this booking by giving us notice in writing at least 14 days before departure. You and the new traveler are responsible for paying all costs we incur in making the transfer.

6. IF WE CANCEL YOUR BOOKING

We reserve the right to cancel all or part of your booking if unforeseeable circumstances force us to do so. We will not cancel the booking less than 45 days before your departure date except for unavoidable and extraordinary circumstances or failure by you to pay the final balance.

Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences we could not have avoided even if we take all reasonable measures. We observe advice provided by the USA, UK Foreign, & Commonwealth Office only.

If we refund you, we will pay compensation of $250 per person except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above). That does not exclude you from claiming more if you are entitled to do so.

7. IF WE CHANGE YOUR BOOKING

(a) Changes to the price

We can change the price of your trip after you’ve booked, only in certain circumstances:

Changes in the price of the carriage of passengers resulting from changes to the cost of fuel, the level of taxes or fees imposed by third parties, including tourist taxes, means that the price of your travel arrangements may change after you have booked. However, there will remain the same within 45 days of your departure.

Suppose this results in an increase equivalent to more than 8% of the total price of your travel arrangements. In that case, you can accept or change to another trip if we can offer one.

We will refund any price difference if the alternative is of a lower value. Also, you could cancel and receive a full refund of all monies paid, except for any amendment charges. Should you decide to cancel, you must do so within one week of being told of the change.

Should the price of your trip go down due to the cost changes mentioned above, then we will pay any refund due. We will deduct from this refund our administrative expenses incurred.

Please note that we do not always purchase travel arrangements in local currency, and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

(b) Changes other than the price

It is a term of your booking that we can change any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it.

Examples of minor changes include alteration of your domestic flights by less than 12 hours, changes to safari vehicle type, changes of accommodation to another of the same or higher standard, and changes of when some activities occur.

8. OUR LIABILITY TO YOU

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your safari package.

Suppose any of the travel services included in your package are not performed per the contract or are improperly performed by the travel service suppliers or us, and this has affected the enjoyment of your travel arrangements.

In that case, you may be entitled to an appropriate price reduction, compensation, or both. We will not be liable where any failure to perform or improper performance of the travel services is due to.

You or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if we’ve taken all reasonable measures.

Our liability, except in cases involving death, injury or illness, shall be limited to three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into your booking.

NB this entire clause 8 does not apply to any contracts you may enter for excursions or activities whilst on your trip.

9. COMPLAINTS

If you have a complaint about any of the services included in your trip, you must inform the supplier or your trip manager. That may be a camp or hotel manager where you are staying, your driver guide or trip manager via the contact telephone numbers we will provide before your departure.

If it is not resolved locally, please follow this up within 28 days of your return home by writing to manager@njagismc.com. Give your booking reference and all other relevant information, keeping your email as concise and to the point as possible.

If you fail to report your complaint whilst on your trip, we will not have the opportunity to investigate and rectify it whilst you are travelling, affecting our ability to improve the situation for you and the possibility of claiming back any form of compensation.

10. ADDITIONAL ASSISTANCE

If you’re in health difficulty whilst in East Africa and ask us to help, we will provide necessary assistance, in particular by providing information on health services, local authorities and consular assistance, medical assistance, and helping you to find alternative arrangements and any necessary phone calls/emails.

You must pay any costs we incur or claim them back from your travel insurance company.

11. MEDICAL CONDITIONS, DISABILITIES AND OTHER SPECIAL REQUESTS

We welcome customers with special needs, but you must contact us before booking with specific details so that we can advise on the suitability of your plans like addition costs of employing potters and customising space in the safari vehicles. Should you have special requests, such as food intolerances or meal requests, for other reasons, we are happy to pass these on to the relevant suppliers, but these are requests and not guarantees.

12. EXCURSIONS

Excursions or other tours that you may choose to book or pay for whilst you are in Africa are not part of your trip provided by us. For any excursion or other tour you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during its provision by the operator.

13. DOCUMENTATION

Please check all the documentation you receive and notify us immediately if you notice any errors. If you do not do so, there may be additional costs if changes have to be made later.

14. YOUR RESPONSIBILITIES

Firstly, you must review the current travel advice of your safari holiday destination before booking and ensure you remain up to date with this advice before travelling.

Your specific passport, visa, and other immigration requirements are your responsibility. You should confirm these with the relevant Embassies or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

You must also ensure that your vaccination certificates are in order and that you have taken the advice of your doctor with regard to vaccinations.

We refer, in particular, to our pre-departure information sheet. We will offer general advice but cannot be held responsible if you do not comply with current requirements before your departure.

We do not accept liability for any advice given of a general nature before the holiday commences. You are responsible for a timely check-in for all flights and presenting yourself to take up all pre-booked components of your holiday.

No credit or refund will be given to you should you fail to take up any component of your holiday or lose any travel documents.

We also draw to your attention that certain inherent risks are involved in all of the African safari holidays we supply – especially concerning wildlife, plants, the environment and illness. You must accept these at your own risk. If you wish to discuss any such risks with us, we would be more than happy to provide advice over the telephone or in writing.

15. INSURANCE

It is a part of our Terms & Conditions that all clients must purchase adequate travel insurance. We reserve the right to cancel your holiday at any time should such a policy not be taken out by you.

16. LAW AND JURISDICTION

This booking is governed by Ugandan Law and the jurisdiction of the Ugandan Courts. However, you may choose the law and jurisdiction of Rwanda, Kenya or Tanzania, where we also operate.

17. EBOLA VIRUS & COVID-19 PANDEMIC ADDENDUM TO OUR TERMS & CONDITIONS

A. Your government state department (foreign office) for international travel might have travel warnings for the destinations you visit. If you decide to travel despite these, you must check the advice carefully.

B. You must have insurance covering you for any Virus outbreak, Ebola or COVID-19-related issues. Specifically, for any claim, loss, liability, cost or expense of whatever nature directly or indirectly arising out of, contributed to or resulting from Ebola Virus Disease (EVD), coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus 2 (SARS-cov-2), or any mutation or variation thereof.

This exclusion also applies to any claim, loss, cost or expense of whatever nature directly or indirectly arising out of, contributed to or resulting from:

(1A). Any fear or threat (whether actual or perceived) of; or

(1B). Any action taken in controlling, preventing, suppressing or relating to any outbreak of; Ebola Virus Disease (EVD), Coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus.

You undertake to indemnify the company if you incur additional costs due to a lack of adequate insurance coverage.

C. NjagiSMC has its standard liability for all clients – covering non-COVID/EVD-related issues. We will use our best endeavours to assist if an incident occurs during the holiday. However, we will have no additional liability. We will not incur additional costs due to COVID-19 and your decision to travel during the pandemic.

That includes any scenario resulting from EVD or COVID-19, for example, safari cancellation, quarantine on arrival, medical or hospital bills or repatriation.

D. You know that the COVID-19 pandemic has made flight schedules prone to change. That might change the flight schedule with little notice, necessitating an earlier or later return home.

E. That if you were to contract EVD or COVID-19 while on holiday, Yellow NjagiSMC cannot guarantee the quality of the hospitals that you might be taken to or the care you might receive. Usually, we can assist in these matters, but due to a likely national approach to treating the virus, you might be taken to a designated public hospital outside of NjagiSMC control.

F. You understand that Ebola and COVID waves can occur in Africa with little warning, impacting hospital capacity and putting strain on their ability to care for any accident or illness. As mentioned above, NjagiSMC will always try to assist in ensuring our clients get the best possible medical care if needed. Ultimately, the pandemic can make it difficult to access medical care if a wave puts pressure on the national system of the country you are visiting.

G. During travel, you must strictly follow your country’s national advice on EVD and COVID-19. Taking the same precautions that you would take when at home. That might include:

• Wearing a mask in public places and transport.
• Carrying hand sanitiser at all times and using it often.
• Washing hands regularly.
• Avoiding crowds.
• Social distancing where possible – 2m ideally.

H. You understand that African countries have very different government-led approaches to Ebola and COVID-19 safety. As a result, local people often don’t wear masks, may not social distance or participate in precautionary calls. NjagiSMC works with high-quality suppliers who are usually more cautious.

However, these lodges are only obliged to follow their national guidelines, which may be below what you are currently accustomed to.

I. You acknowledge that you might be required to take a PCR test to enter each country on your itinerary and sometimes for departure. The tests are usually between US$100 – $350pp, depending on how remote the location is for the test and which lab.

J. Although we may arrange the necessary PCR tests for you, we hold no added liability for doing so. For example, if the test results are delayed and you miss a connection or flight, any costs are for your account. You realise that some testing sites will be below the usual standard you’d expect from a medical facility in your home country.

K. You recognise the possibility of compulsory quarantine on your (and your group’s) return.

18. OFFICIAL CONTACTS

Official company contacts that reach our reservations desk are:

Mobile: +256 70 060 3556

Email 1: manager@njagismc.com

Email 2: safari@njagismc.com

Email 3: njagismc@gmail.com