General terms and conditions

Preamble

Kivu Travel SARL, referred to here as the company, is a tour operator to Congo, Rwanda and Burundi recognised by the Congolese Ministry of Tourism. The rights and obligations of the contracting parties (the company on the one hand and the principals/tour operators on the other hand) are governed by these general terms and conditions. By accepting, tacitly or in writing, the "booking confirmation" sent by the Company, the clients/tour operators confirm their acceptance of these general terms and conditions. Customers/Travel Agents also accept that the terms and conditions of travel, accommodation and service in Africa are not the same as in developed countries and that the standards of service, equipment, security and medical care will most likely be of a lower quality than in their home country.

Prices, Quotations, Reservations

The prices of our standard tours are fixed and final. For tailor-made programs the prices depend on the tour and accommodation, the number of participants, the season and availability. All offers are valid for 30 days from the date of issue. When the client/travel agency accepts the offer, the company will send the client/travel agency a "booking confirmation" and the "general terms and conditions" attached to the invoice by e-mail or fax. The booking confirmation contains the details of the trip, the prices, the payment conditions and the bank account to be credited. Any comments must be sent to the company by e-mail within 72 hours. After this period, the confirmation will be considered accepted. Within 5 working days, the customer/travel agency will send a photocopy of the participants' passports to the company by e-mail or fax. The customer/travel agency may be obliged to compensate the company for costs incurred due to incorrect or late information. Changes to bookings may be made by mutual agreement, but prices may be adjusted to take account of any penalties imposed by the Company's subcontractors and/or changes to their prices.

Payment and cancellation

All payments must be made in cash to the bank account specified by the company. The down payment is 50% of the total amount. The balance must be paid 30 days before the start of the tour. If the reservation is made less than one month before the start of the tour, the total price is due immediately. The company reserves the right to cancel the reservation at any time if payments have not been made as stipulated in the "booking confirmation" document. In such a case, it will inform the client / travel agency by e-mail or fax and has the right to claim damages as set out below. The customer/travel agency may cancel the trip for compensation.

The cancellation costs are as follows:

• more than 60 days before the start of the tour: 180 € booking fee + the cost of booking activities in Virunga and Kahusi Biega parks ($400 gorillas, $300 volcano, $100 chimpanzees). For Uganda, € 180 administration fee + 30% of the price + the cost of the gorilla visit.
• between 60 days and 21 days before the start of the tour: 50% of the price + the cost of the gorilla visit,
• 21 days or less before the start of the tour: 100% of the price.
• Once issued, ICCN DRC visas are non-refundable and will be deducted in any case.

The Company will not cancel a standard or tailor-made tour once the client / travel agency has paid the full price, unless the previously required minimum number of participants is not reached or for reasons beyond its control (force majeure). In such cases of cancellation, the Company shall inform the client/travel agency without delay and shall do its best to offer a comparable alternative. If this is not possible, the Company shall immediately reimburse the amounts paid without any compensation being withheld.

Insurance

All clients must be covered by insurance for the duration of the trip. This insurance must cover death, personal injury, medical expenses, repatriation in the event of death, accident, illness, theft or damage to personal property of the client, cancellation of the trip during the trip due to force majeure. It is advisable that activities such as climbing a volcano, discovering wildlife on foot, etc., as provided for in the program underwritten, are covered by the insurance. Under no circumstances will the company be held responsible or liable if the client has not taken out adequate insurance. Nor will the Company itself check the extent of the risk cover taken out by the insured and will it not ask the client for proof of the existence of this contract.

Travel documents and medical certificates

Each passenger must be in possession of a passport valid for at least 12 months from the date of return, a return ticket and a sum of money sufficient to cover costs not covered by the airline. Obtaining visas and vaccination certificates is the responsibility of the customer/travel organization. Information on visa and vaccination requirements will be provided by the airline when confirming the reservation, but it remains the full responsibility of the client/tour operator to obtain their own information from their attending physician, who is the sole judge of the vaccinations to be taken for such travel. Cancellation of the trip due to failure to obtain a visa or to take vaccinations will give rise to compensation as referred to in point 3.

Restriction of services

Accommodations, tours, visits and services will be provided as agreed with the customers/travel agencies at the time of booking, except in the case of unforeseen events such as road closures, bad weather conditions, problems with national parks or hotels, security considerations, ... . In these cases, the itinerary may be modified at the company's discretion. Customers will be informed about possible alternative solutions. The services included in the price are: transfers to and from the airports, regular journeys by vehicle with driver (car, 4x4 or combi) or by boat, accommodation, meals, entrance fees to the National Parks. Not included are: visas, personal expenses such as tips, drinks, telephone calls, laundry, gifts, airport taxes, etc.

Transport

Although every effort is made to ensure that the vehicles to be transported are in perfect condition, the company cannot be held liable for breakdowns or other damage, nor for any delays resulting from this. In case of breakdown, the company will try to provide a replacement vehicle as soon as possible. The company's drivers are bound by traffic regulations and customers cannot encourage them to violate them. If the driver does not respect the code, the customer is invited to inform the local manager of the company. Vehicles may only be driven by the company's drivers. The latter are the only ones who have the right to make decisions about the routes, roads and paths to be used.

Force majeure

The Company cannot accept any liability and/or indemnity in the event that it is prevented from fulfilling its contractual obligations as a result of an event which the Company or one of its service providers cannot foresee or avoid, such as bad weather conditions, road and border closures, war, threats of war, riots, acts of God, acts of terrorism, fires, epidemics or any other event of the same type which may occur.

Complaints

All complaints should be addressed immediately to the driver or the local manager, who will use all reasonable means to resolve the problem. If the customer believes that the problem has not been reasonably resolved, he should submit a written complaint to info@kivutravel.com. Complaints not validly reported within five working days after the end of the stay will not be accepted. The company cannot accept any responsibility for complaints that are not submitted according to the procedure.

Responsibility

The Company will make every effort to ensure that all parts of the booked trips are delivered according to standard standards and that its employees, agents, suppliers and subcontractors carefully monitor the performance of its commitments under the contract. With the exception of the elements mentioned under "force majeure" and subject to compliance with the procedures laid down in these general terms and conditions, the company's liability with regard to complaints from customers/travel agents concerning the services provided by the company and/or its subcontractors may only be invoked for an amount not exceeding the amount paid by the customer for the same services.

Jurisdiction

The company is a company under Congolese law. The rights and obligations of the contracting parties are governed by ordinary Congolese law. Any disputes shall be subject to the jurisdiction of the Congolese courts of Goma's jurisdiction.

Informations

All information, descriptions and advice given by the company concerning routes, means of transport, visas, vaccines, accommodation, national parks, flora, fauna, safety, etc. are given in good faith based on the latest information available from the company. The company cannot accept responsibility for errors or omissions of information.