Booking Terms and Conditions

IMPORTANT NOTICE TO GUESTS

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY TOUR SOKONI, LLC AND ACCEPTED BY GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS (“TERMS”) BELOW. WHEN THE GUEST COMPLETES THEIR BOOKING, THE GUEST ACCEPTS THESE TERMS AND ANY OTHER TERMS AND CONDITIONS THAT THE GUEST IS PROVIDED DURING THE BOOKING PROCESS.

THESE TERMS CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS. IT IS IMPORTANT THAT THE GUEST CAREFULLY READS ALL OF THE TERMS.

THE GUEST’S ATTENTION IS SPECIFICALLY DIRECTED TO SECTIONS 20, 22, 26 AND 27, WHICH CONTAIN SIGNIFICANT LIMITATIONS ON THE GUEST’S RIGHT TO ASSERT CLAIMS, INCLUDING DISCLAIMERS, WAIVER OF WARRANTIES, A WAIVER OF A TRIAL BY JURY, A WAIVER OF ANY RIGHT TO BRING, OR PARTICIPATE IN, A CLASS ACTION, FORUM SELECTION, CHOICE OF LAW, TIME LIMITATIONS FOR FILING SUIT, AND AGREEMENT TO SUBMIT ANY AND ALL DISPUTES, CLAIMS AND/OR CAUSES OF ACTION TO MANDATORY BINDING ARBITRATION.

IF ANYTHING IN THESE TERMS IS (OR BECOMES) INVALID OR UNENFORCEABLE, IT WILL STILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW AND THE GUEST WILL STILL BE BOUND BY ALL OF THE OTHER TERMS. For all other terms and conditions, please refer to our website at www.toursokoni.com.

Tour Sokoni and its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, and all employees, officers, and agents of such individuals, companies and entities requires that Guest or anyone else accessing and/or using our: (i) telephone contact centers(s), (ii) website(s), (iii) mobile application(s), or (iv) any other digital or telephonic properties or services, that provide travel content, products, or services (each, a “Digital Platform“) adhere to the following Terms. By accessing Tour Sokoni’s Digital Platforms, Guest indicates that Guest acknowledges and agrees to these Terms, and any other terms and conditions provided on/through a Digital Platform or herein, including, without limitation, Expedition Cruise Additional Terms and Booking Terms & Conditions for Private Jet Journeys & Inspiring Expeditions , each of which are incorporated herein and form part of these Terms.

These Terms apply to the relationship between Guest and concerning the booking of the Tour Package and Journeys and the Tour Package and Journeys covered by this Contract. Together, the items described in the preceding sentence constitute a contract between the Guest, on behalf of themselves and all other persons travelling under Guest’s booking (including any accompanying minors or other persons for whom the Tour Package or Journey was purchased), and  to be bound by these Terms. Guest and  agree that the booking of the Tour Package and Journey are subject to the terms and conditions set forth below. In addition, Guest acknowledges the availability of, and Guest agrees to abide by, these Terms, including but not limited to certain payment terms such as minimum deposit requirements and payment due dates, including refunds. In the event of any conflict between a brochure or other written material or website materials and these Terms, these Terms shall prevail. All capitalized words are defined below.

All accommodations, meals and fully guided sightseeing as noted in the itinerary; park and entrance fees; coffee/tea/soft drinks/water at included meals; local bottled water during sightseeing; porterage of up to two (2) pieces of baggage per person on primates and hiking journeys; complimentary Internet access (where available on cruises and at land accommodations excluding Limited Edition Small Group Journeys; service levels are not guaranteed); and hotel taxes.
Small Group and Family Additional Inclusions Excluding Climb Kilimanjaro:
Dry cleaning is not included. Tour Sokoni Breakfast in Bed service is included on select days up to two times per journey (2024 only; limitations may apply for safari journeys).
Tailor Made and Private Journey Additional Inclusions:
Private sightseeing (except for shared excursions from safari camps/lodges, cruise vessels and trains or other exceptions), as noted in the itinerary; private arrival and departure transfers.
Africa Journeys Additional Inclusions:
Safari duffel on journeys in East and Southern Africa. Porters on Climb Kilimanjaro and Uganda Gorilla trekking programs. Medical evacuation service, when available, including air transportation to medical care facilities, is included within Kenya, Tanzania (excluding climbing Kilimanjaro), Botswana, Zambia and Ethiopia. Hospitalization and medical expenses are the sole responsibility of the guest.

Tour Sokoni Guest Protection Program; international and internal airfares, unless otherwise noted; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted; excess baggage charges; gratuities to the Resident Tour Director/Extension guide/East Africa safari driver-guides; meals other than those specified in the itinerary; room service (except on board Luxury Expedition Cruises); beverages other than those noted in inclusions above or specified in the itinerary; sightseeing not included in the published itinerary; and personal expenses such as laundry , communication charges, Internet access for all trains; and optional activities (which are subject to availability).
Tailor Made and Private Journey Additional Exclusions:
All gratuities; any meals for your guide if you invite him/her to dine with you.

8. AIR TRANSPORTATION
International airfare (to the Journey starting point and from the ending point) is not included in program pricing. Tour Sokoni has special agreements with many air carriers and can offer quotations from any gateway. Some journeys require internal flights as specified in the itinerary. This airfare is typically not included and must be purchased from us in addition to the journey. In the instance where charter flights are used and seating is limited, Tour Sokoni reserves the right to substitute and confirm air reservations on an available alternative scheduled air flight. All internal air is based on economy class seating and is 100% non-refundable at time of final payment (some exceptions may apply). All international and internal air quotes are subject to change until final payment has been received by us . Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by us.
All air carriers are independent contractors and are not owned, managed, controlled or operated by us. Your airline ticket constitutes a contract between yourself and the airlines , even if purchased through us. Tour Sokoni shall not be liable and does not assume responsibility for, or accept claims with regard to, seat assignments, name changes, schedule changes, insufficient travel documentation, flight changes and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.

9. BAGGAGE
Tour Sokoni provides porterage of up to two (2) pieces of baggage per person for some journeys. Please note: Should your journey include internal/domestic or charter flights, your luggage allowance may be less than two (2) pieces of baggage and weight/size restrictions and additional costs may apply.
Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner’s risk throughout the travel program, and Tour Sokoni assumes no liability for lost, stolen or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.

10. PRICES AND ARRANGEMENTS
Quoted Journey prices are per person, double occupancy except where indicated. Although not expected, prices may be modified due to unexpected significant external factors not forecasted at the time of publishing. Tour Sokoni is under no obligation to give a breakdown in costs of any Journey. Pre- and Post-Tour Extensions are only available to guests booked on related group journeys. Modification of program content to accommodate a smaller group size will not affect the published program price. Any modifications to a Tailor Made itinerary, including dates or number of people travelling, will require a revised proposal.

11. CHILD POLICY
All children under the age of 18 must be accompanied by an adult. Unless otherwise indicated herein the minimum age to participate in a Journey is ten (10) years old.
Ages
Primate Journeys: 15 years old
River Rafting Journeys: 12 years old
Tailor Made and Private: no minimum age unless noted
Tour Sokoni reserves the right to marginally exceed the published maximum group size on Family Journeys to accommodate a family. Note that some accommodations require that children below a certain age share a room with an adult.
The parent or guardian travelling alone with a child is recommended to carry documentation that proves their relationship to the child (e.g., birth certificate) and evidence that they have permission to travel with the child (e.g., consent letter). Guests travelling with children who are not related are recommended to carry documentation which provides evidence they have permission to travel with the child. Guests are advised to check with the appropriate government authority to determine the necessary documents required for travel with children. Tour Sokoni cannot be held responsible should the guest, child or any member of the travelling party be denied entry to a country due to noncompliance with a country’s requirements.

12. ACTIVE ELEMENTS & FITNESS TO TRAVEL
The suppliers of some activities on Journeys may require a minimum age or minimum/maximum height or weight to participate. Some active elements have been incorporated into select itineraries. To enjoy the Journeys as intended, a minimum level of fitness is required.
By booking a Journey, Guest represents that Guest and Guest’s travelling party are physically and emotionally fit to travel and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or result in a deviation of the Journey. Any Guest with special medical, physical, or other needs requiring medical attention or special accommodation during the Journey is requested to notify Tour Sokoni in writing at the time of the booking of such special needs. Upon booking the Journey, Guests who have special needs are requested to contact our at +256 770 336 804 to discuss details of their special needs. Tour Sokoni recommends that any Guest who is not self-sufficient should travel with a companion who shall take responsibility for any personal assistance needed during the Journey.

13.  GUEST PROTECTION PROGRAM
Travel insurance is not included in the price of the booking and is strongly encouraged. Beginning October 1, 2023, you may purchase our Guest Protection Program administered by Allianz Global Assistance (which provides cancellation benefits, emergency medical benefits, and protection for lost, stolen, or damaged luggage). Benefits take effect the day Tour Sokoni receives payment for the plan. The Guest Protection Program is available up to final payment. However, the plan must be paid for no later than final payment to be eligible for waiver of the pre-existing medical condition exclusion. Additional terms apply. The Guest Protection Plan with Cancel Anytime must be paid for within 14 days of the initial trip deposit. Cancel Anytime can provide reimbursement up to 75% of non-refundable trip costs if you need to cancel for any unforeseeable reason. This plan is not available on certain journeys. The plan cost is calculated based on the total price of your travel arrangements. For more information, visit Allianz Global Assistance. Insurance benefits are subject to the terms, conditions, and exclusions in the plan, including an exclusion for pre-existing conditions.

14. PASSPORTS AND VISAS
It is the Guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Guests are advised to check with the appropriate government authority to determine the necessary documents required for their travel. A valid passport is required for U.S. and Canadian citizens travelling to all international destinations. Passports must be valid for six (6) months after completion of the Journey and should also have sufficient blank visa pages for entry and exit stamps. Most of our destinations also require a visa for U.S., Canadian, European, Australian, New Zealand Asia Minor and G.C.C citizens; this will be indicated in your Pre-Travel Documentation. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their journey. You may be refused boarding or disembarked from a plane, vessel or train without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by us that result from improper documentation or noncompliance with applicable regulations. Tour Sokoni shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.

15. PUBLIC HEALTH: COMMUNICABLE OR INFECTIOUS DISEASES
“Communicable Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. Guest agrees, understands, and acknowledges, that an inherent risk of exposure to Communicable and Infectious Diseases such as, for example, COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), exists in any public place where people are present, including a cruise ship. Extremely contagious Communicable Diseases can lead to severe illness and death. No precautions can eliminate the risk of exposure to them, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC and others worldwide, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to Communicable or Infectious Disease, such as COVID-19, includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness.
Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to any Communicable or Infectious Disease such as COVID-19, including illness, injury, or death of Guest or others. Guest acknowledges that participation in a Journey is entirely voluntary. By participating in a Journey, Guest attests that Guest is knowledgeable about his or her individual risk of developing severe illness if Guest is exposed to and/or infected with highly contagious or communicable illnesses or diseases such as COVID-19. Guest must make an informed decision about travelling and is strongly encouraged to consult with a medical provider before deciding to participate in a Journey based on Guest’s individual risk.
Guest further acknowledges and agrees to abide by, and consent to, all public health rules, regulations, mandates and safety protocols issued by us and/or Public Health Authorities worldwide, including but not limited to: (a) Submission to mandatory testing at such times and frequency as required by Public Health Authorities , which may include testing before, during and after your Journey; (b) submission to enhanced health screening for signs and symptoms of or known exposure to Communicable or Infectious Diseases such as COVID-19; (c) denial of participation due to signs and symptoms of a possible infection or known exposure to Communicable or Infectious Diseases such as COVID-19 as determined by us  at its sole discretion, according to technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for Communicable or Infectious Disease surveillance; (e) mandatory isolation and/or quarantine; (f) mandatory daily temperature checks; (g) mandatory use of face coverings/face masks according to Public Health Authorities’ guidelines and (h) following Tour Sokoni physical distancing requirements.
You further acknowledge that the public health rules, regulations, mandates, and safety protocols issued by us and/or Public Health Authorities and/or other governing bodies are subject to change. Tour Sokoni reserves the right to change any of its health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing at its sole discretion, without notice. It is your sole responsibility to confirm any changes to any health and safety protocols that may be applicable at any destination worldwide and ensure compliance with all health and safety protocols.

16. CANCELLATION CHARGES
Cancellations will be effective on the date of receipt by us whether by phone or email. Cancellations received by Tour Sokoni are subject to the following cancellation fees:
CANCELLATION FEES PER PERSON
Small Group Journeys, Family Journeys, Lone Journeys, and related Group Extensions (except Select Journeys as listed above)
91 days prior to departure or more $500
90-61 days prior to departure 20% of program price
60-31 days prior to departure 50% of program price
30 days prior to departure or less 100% of the program price
Connections European River Cruise Journeys, Select Journeys and related Group Extensions
121 days prior to departure or more $500
120-91 days prior to departure 20% of program price
90-61 days prior to departure 50% of program price
60 days prior to departure or less 100% of the program price
Limited Edition Small Group Journeys
121 days prior to departure or more $1,250
120-91 days prior to departure 20% of program price
90-61 days prior to departure 50% of program price
60 days prior to departure or less 100% of the program price
Tailor Made and Private Journeys
121 days prior to departure or more Private: $500.
Tailor Made: 10% of the program price up to a maximum of $2,500 per person. Additional fees may apply; see below.
120-91 days prior to departure 20% of program price
90-61 days prior to departure 50% of program price
60 days prior to departure or less 100% of program price
Lone Journeys
Individual Travel
91 days prior to departure or more 25% of program price
90 days prior to departure or less 100% of program price
Tailor Made Additional Cancellation Fees:
Additional cancellation fees may apply to planes, vessels and trains including private charters; select accommodations as noted in Guest’s proposal; exclusive private use of accommodations or venues; groups of 10 or more; or itineraries that fall over holiday or festival season.
Changes to the Itinerary:
Guests will be responsible for any changes or cancellations made to the itinerary at their request or beyond their control, before or during travel, including expenses incurred due to a change, delay or cancellation of any flights.
Partial Room Cancellation:
If a Guest cancels or leaves a Journey and a traveller remains, an additional supplement may apply to the price for the remaining Guest.
CANCELLATION CHARGES FOR INTERNAL AIR
All internal air is 100% non-refundable at time of final payment .
CANCELLATION CHARGES FOR EXTRA SERVICES
Additional hotel nights and other extra services booked in connection with our journeys are subject to specific cancellation penalties. These will be provided at the time of booking and noted on the invoice.
17. FORCE MAJEURE
Force majeure means unusual and unforeseeable circumstances beyond Tour Sokoni control or the control of our suppliers, the consequence of which neither Tour Sokoni, nor its suppliers, could avoid even with all due care, including, but not limited to, war or threat of war; riot; civil strife; terrorist activity (actual or threatened); industrial dispute; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers. In the event of a cancellation or material alteration to the Journey as a result of the circumstances as described in this clause, Tour Sokoni shall have no liability whatsoever for any travel related costs incurred by Guest, including but not limited to air, insurance, visas and other travel arrangements of any kind.
18. Tour Sokoni APP
Tour Sokoni may provide information for your Journey via a web platform and our mobile app (the “App”). The use of the App is merely intended to offer an interactive option to view your itinerary and other related information. Once downloaded, you are subject to our privacy policy and terms of use as found in the App. You are responsible if you provide access or use of the App to any members of your travelling party.

19. PHOTOGRAPHY DURING TRAVEL
Tour Sokoni reserves the right to take photographs and video of Guests during the operation of any Journey or part thereof and to use, re-use, publish, and republish their image, identity likeness, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which Guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking a Journey with us, Guests acknowledge that Tour Sokoni is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter be used by us. Guests who prefer that their images not be used must (1) identify themselves to their Resident Tour Director at the beginning of their Journey; and (2) notify their Tour Sokoni Travel Consultant by email, not later than thirty (30) days following the end of the Guest’s Journey. In the event the Guest fails to comply with both obligations, the Guest shall not be exempt from this section. If such written notice is not timely provided, the Guests, individually and on behalf of any Minor travelling with them, have granted unrestricted rights and permission for Tour Sokoni to use the Images.

20. LIMITS ON TOUR SOKONI RESPONSIBILITY FOR THIRD PARTIES WHO PROVIDE GOODS AND SERVICES
Tour Sokoni purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including, from time to time, other affiliates of Tour Sokoni). Neither Tour Sokoni nor its parent company, affiliates or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents and assigns (collectively the “Tour Sokoni’s Parties”), own or operate any transportation, lodging accommodations on land, restaurants, ground transport and other goods and services for your trip. All such persons and entities are independent contractors. As a result, our Parties are not liable for any injury to Guest, including any negligent or willful acts of any such person or entity or of any third person providing such goods and services.
In addition and without limitation, our Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in the Journeys.
If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, polar plunge, snowmobiling, primate tracking and any other activity which us considers to carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death, and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release the Tour Sokoni Parties from any liability whatsoever related thereto.
Further, as consideration for being permitted to participate in the Activities; you release the Tour Sokoni Parties, whether known or unknown, from, and agree not to sue or make claim against the Tour Sokoni Parties for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of the Tour Sokoni Parties and/or from any defect in equipment. You further agree to indemnify and hold the Tour Sokoni Parties harmless with respect to any claim made against the Tour Sokoni Parties by anyone else (a) related to your participation in any trip or any Activities, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the Tour Sokoni Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.

21. AMENDMENTS
Tour Sokoni reserves the right to correct any errors or omissions in its published materials and to amend these Terms at any time. All amended Terms shall automatically be effective upon being posted by us to the Website. Guests should check the Website prior to travel in order to ensure they are aware of any changes.

22. IMPORTANT LIMITATIONS ON THE COMPANY’S LIABILITY
Nothing in these Terms shall limit or deprive Tour Sokoni of the benefit of any applicable statutes or laws of Uganda or any other country; or any international convention providing for release from, or limitation of, liability. In the event multiple statutes, laws or conventions may apply, we shall be entitled to any or all such limitations unless there is a conflict between such statutes, laws or conventions, in which case we shall be entitled to invoke the limitation which provides the most favourable limitation to us.
(A) Time Limits For Claims
Tour Sokoni shall not be liable for any claims whatsoever unless full particulars in writing are given to us within thirty (30) days after the Guest completes the Journey. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six (6) months after the date Guest completes the Journey, and unless served upon Tour Sokoni within 120 days after commencement. Guest expressly waives all other potentially applicable individual periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the Americans with Disabilities Act (ADA), trade practices and/or advertising.
(B) Small Claims under $8,000
Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of, related to, or connected with these Terms and the booking of the Journey, no matter how described, pleaded or styled, between the Guest and Tour Sokoni in which Guest or any other claimant asserts damages for less than $8,000 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) must be litigated, if at all, before a small claims court located in Kampala, Uganda. to the exclusion of the courts of any other country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be otherwise available.
(C) Arbitration for All Claims Over $8,000
Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with these Terms and the booking of the Journey, no matter how described, pleaded or styled, between the Guest and Tour Sokoni, in which Guest or any other claimant asserts damages for more than $8,000.00 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Uganda Arbitration Act., solely kampala, Uganda. to the exclusion of any other forum. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available to any such arbitration proceeding in Kampala, Uganda. telephone number (256) 200 900 970. Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court (other than small claims court in Kampala, Uganda). The arbitrator’s decision will be final and binding.
(D) Jurisdiction, Venue and Jury Trial Waiver
Except as provided above and only if the above-referenced arbitration clause is ruled unenforceable by a court of law, it is agreed by and between the Guest and Tour Sokoni that all disputes and matters whatsoever related to, arising under, in connection with or incident to these Terms, shall be litigated, if at all, before the Courts of Judicature of Uganda in Kampala. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available.
(E) Governing Law
Tour Sokoni bookings are deemed to be contracts made in the Republic of Uganda and are governed by the constitution of Uganda.
(F) Class Action Waiver
Guest hereby agrees that these Terms provide for the exclusive resolution of disputes through individual legal action on each Guest’s behalf rather than any class, collective or representative action. Guest may only bring claims against our Guest’s individual capacity. Even if the applicable law provides otherwise, Guest agrees that any arbitration or lawsuit against our whatsoever shall be litigated by Guest individually and not as a member of any class or as part of a class or representative or action, and Guest expressly agrees to waive any law entitling guest to participate in a class action. If Guest’s claim is subject to arbitration as provided in section above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Guest agrees that this section shall not be severable under any circumstances from the arbitration clause set forth above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration. The validity and effect of this class action waiver may be determined only by a judge or court of law and not by an arbitrator. Guest agrees that carrier can receive immediate judicial assistance to enforce this class action waiver.
(G) Claims for Emotional Distress
Tour Sokoni shall not be liable to the Guest for any emotional distress, mental anguish or psychological injury of any kind, except where said emotional distress, mental anguish or psychological injury was the result of either (a) physical injury to the Guest caused by the negligence or fault of us or (b) the Guest having been at actual risk of physical injury and such risk was caused by the negligence or fault of us.
(H) Claims of Improper Performance or Breach of the Contract
Tour sokoni’s liability for improper performance or breach of the Contract shall be limited to a maximum of two times the price which the Guest paid for their Tour Package.
(I) No Consequential, Indirect or Punitive Damages
Notwithstanding anything to the contrary elsewhere in these Terms, in no event shall  its members, partners, shareholders, directors, officers, managers, employees or agents be liable for any indirect, consequential, incidental or punitive damages (including but not limited to damages for lost profits, loss of revenue, loss of use, loss of contract or other opportunity, for any other consequential or indirect loss or damage of a similar nature) arising out of the transaction contemplated herein.