Terms and conditions- Uganda Marathon Adventure Bookings
The Uganda Marathon is an event organised by Uganda NGO and company limited by guarantee “The Masaka Marathon”. Bookings are made directly with “The Masaka Marathon” in Uganda.
These Terms and Conditions set out the agreement made between The Masaka Marathon, whose registered address is: Masaka Marathon, P.O Box 1619 Masaka, Elimpia House Kampala Rd, Opposite Bank of Africa, Uganda, hereinafter referred to as, ‘We’ or ‘Us’ (with ‘Our’ being construed accordingly), and You, as further defined below, in respect of a Trip/Experience arranged by Us.
“Application/Booking Form” means the form provided by Us to those wishing to apply for a Trip/Experience, Your signature (written or electronic) on which indicates Your intention to be bound by these Terms and Conditions.
“Booking Confirmation” means a confirmation email from Us stating that You have been accepted for a Trip/Experience subject to the provisions of Clause 2.3 below.
“Contract” means a signed Application Form together with a Booking Confirmation and these Terms and Conditions.
“Deposit” means the sum payable by You with the submission of Your Application Form for a Trip/Experience.
“Final Payment” means the balance of the Trip/Experience Fee after deduction of the Deposit paid.
“In-Country Coordinator” means the individual nominated by Us to manage Your Trip/Experience in-country, and to whom all issues that arise during the Trip/Experience should be addressed.
“Trip/Experience” means Your place on an activity trip organised by Us and includes accommodation, social activities and in-country support plus those specific additional items set out in the Trip/Experience description on Our website. For the avoidance of doubt a Trip/Experience does NOT include flights, insurance, visas, vaccinations, domestic or foreign taxes or personal spending money. Unless stated otherwise in the Trip/Experience description, a Trip/Experience does not include internal travel within the destination country.
“Trip/Experience Fee” means the full price of the Trip/Experience as set out on the invoice in accordance with the provisions of Clause 3.2.
“Significant Change” to a Trip/Experience is defined as a change where one or all of the following occurs:
(i) Failure to offer promised qualifications (only when Our instructors reasonably consider You capable of taking the appropriate examination); or
(ii) Change in the duration of the Trip/Experience by any more than 1 week (excepting factors beyond Our reasonable control, as listed in Clause 4 below).
For the avoidance of doubt, Significant Change will not include changes to planned social activities, or any other event or factor beyond those specified in (i) and (ii) above.
“Sub-contractor” means a third party providing goods or services in respect of Your Trip/Experience where these goods or services are a material part of the Trip/Experience as defined above and the costs for such goods or services are included within the Trip/Experience Fee.
“Third Party Supplier” means a third party providing goods or services to You through a direct contractual relationship with You.
“You” means the applicant whose name appears on the Application Form, and the terms “Your” and “Yours” shall be construed accordingly. If the applicant is under the age of 18 years at the time of application, the form must be counter signed by the applicant’s legal guardian or parent (written or electronic where appropriate). The legal guardian or parent will be bound by these Terms and Conditions and will be responsible both for the acceptance of the risks and liabilities set out herein on behalf of the applicant and for the compliance of the applicant with these Terms and Conditions until the applicant reaches 18 years of age, after which if the applicant continues with the Trip/Experience then the applicant will be deemed to have accepted and shall be bound by these Terms and Conditions.
2 Conditions of Entry
2.1 We will endeavour to confirm or refuse Your application for a Trip/Experience within 14 working days of the receipt of Your completed Application Form and Deposit. If You are not accepted for Your desired Trip/Experience, then We will offer You a possible alternative or immediately refund the Deposit that You have paid. You may, at Your discretion, refuse any offered alternative and in this event We shall immediately refund the Deposit that You have paid.
2.2 If We are able to offer You a suitable Trip/Experience then We shall send You a Booking Confirmation via email together with an invoice for the Final Payment.
2.3 Your Booking Confirmation is subject to the following conditions:
(a) You shall pay the Final Payment no later than sixty (60) days after your completed Booking Form;
(b) You shall provide Your travel details, including flight numbers, evidence of full travel and medical insurance for the duration of the Trip/Experience, and emergency contact information within the timescales specified by Us on the invoice;
(c) You shall disclose any medical conditions that may affect your full participation in any activity on Your Trip/Experience and warrant that You are medically fit to participate. If We request it, You shall undergo a full health check and produce a medical certificate in respect of such health check no later than 8 weeks prior to Your Trip/Experience’s scheduled start-date;
(d) Your Trip/Experience shall be subject to acceptable references and/or a police check through an umbrella organisation in your country of residence. You will be notified in advance if either or both of these are required;
(e) You shall abide by Our Code of Conduct which can be viewed at Clause 12 below and by the terms and conditions set out herein; and
(f) You shall comply with the laws, customs, foreign exchange and drug regulations of all countries visited during Your Trip/Experience. If You are found to be violating such laws and regulations or otherwise interfering with the wellbeing of other Clients, staff, or Third Party Suppliers, this will result in the In-Country Coordinator taking the action detailed in Clauses 2.4 and 10.
2.4 In the event that You do not comply with the provisions of Clause 2.3 then We may at Our discretion deem Your Trip/Experience to be terminated in accordance with the provisions of Clause 8 or offer You an alternative Trip/Experience. In the particular case of Your breach of the provisions of paragraphs (e) or (f) of Clause 2.3 then You may be required by the In-Country Coordinator to leave the Trip/Experience and, if appropriate, the country, without reimbursement of Your Trip/Experience fees.
2.5 If in the reasonable opinion of the instructor or the In-Country Coordinator Your continued participation in a particular activity or Trip/Experience may result in either personal harm to Yourself or other participants or disruption of the activity or Trip/Experience then the In-Country Coordinator may at their sole discretion instigate the Disciplinary Process as set out in Clause 10.
3 Our Programmes
3.1 You accept that any information supplied by Us regarding Trip/Experiences, including content published by third party advertisers, is provided in good faith and based on the knowledge and information available to Us prior to publication of the written material and sometimes months prior to the Trip/Experience start date. You accept that for the latest information on Trip/Experience, including Trip/Experience prices You should speak, write or email directly to Our representatives at Our office using the contact details on Our website.
3.2 Our Trip/Experience prices are set as given on the website, either on the date of Your signature on the Application Form, or no more than 5 working days before the receipt of the completed Application Form at Our Registered Office, whichever is the later. The price in force at this time shall be reflected on the invoice sent to You with Your Booking Confirmation.
3.3 Note that the price of items outside the scope of the Trip/Experience, such as visas, airfares, domestic or foreign taxes or costs associated with local events and activities not included in the Trip/Experience may vary and We accept no liability for any increases in such prices.
3.4 You accept that dates for flights to and from Your Trip/Experience may fall outside of Your invoiced Trip/Experience duration. In the event that You require accommodation for days falling outside of Your Trip/Experience duration, then, provided We have sufficient accommodation available, We may offer this to You at the prevailing local rate.
3.5 We reserve the right (in very rare circumstances) to make alterations to a Trip/Experience without notice, including alterations to the itinerary. If the alterations cause a Significant Change in the structure or duration of the Trip/Experience prior to the start-date of Your Trip/Experience, You will be entitled to change Your choice of Trip/Experience, or receive a refund of the Trip/Experience Fee, if paid. This shall be the limit of Our liability in the event of a significant change to the Trip/Experience. Should the change be effected during the Trip/Experience, Our liability shall be limited to a refund of the Trip/Experience Fee pro-rata according to the percentage of the total planned Trip/Experience time that has already elapsed (for example if 50% of the Trip/Experience has taken place, then We will refund 50% of the Trip/Experience).
3.6 You shall comply with all reasonable requests of the In-Country Coordinator with respect to matters relating to the organisation of the Trip/Experience and the safety and wellbeing of Yourself and others.
3.7 You agree to abide by the Terms and Conditions of all Third Party Suppliers who may provide You with other products or services during, or in travelling to the Trip/Experience. If We have provided You with the details of such Third Party Suppliers or assisted You in procuring the services of such Third Party Suppliers this information and/or assistance is given for Your convenience only and does not constitute an endorsement of the said Third Party Supplier. We accept no liability in respect of products or services procured by You from Third Party Suppliers, such as but not restricted to, travel agents, insurance providers and local suppliers.
4.1 Nothing in this Agreement shall exclude or limit Our liability for (i) fraud or other criminal act, (ii) personal injury or death caused by the negligence of Our employees in connection with the performance of their duties hereunder or by defects in any product supplied pursuant to this Agreement, or (iii) any other liability that cannot be excluded by law.
4.2 Subject to Clause 4.1 in no event will We be liable under this Agreement for any damages resulting from: (i) cancellation of flights or costs resulting from missed flights, (ii) loss of opportunity, and/or (iii) any indirect or consequential loss. Such liability is excluded whether such damages were reasonably foreseeable or actually foreseen.
4.3 Except as provided in Clause 4.1 Our maximum aggregate liability to You for any cause whatsoever shall be for direct costs and damages only (this does not include flights, insurance, visas, vaccinations and any other elements that are outside of our control) and will be limited to a sum equivalent to 125% of the Trip/Experience Fee paid and payable by You under this Agreement.
4.4 We hereby exclude to the fullest extent permissible under the applicable law all liability that We have not expressly accepted in this Agreement. These limitations will apply regardless of the form of action, whether under statute, in contract, tort, including negligence, or any other form of action. For the purposes of this Clause 4, “We” includes Our employees, Sub-contractors, licensors and suppliers who shall therefore have the benefit of the limits and exclusions of liability set out in this Clause.
4.5 Save as provided in Clause 4.6 You shall have no remedy in respect of any representation (whether written or oral) made to You upon which You relied in entering into this Agreement.
4.6 Nothing in this Agreement shall exclude or limit Our liability for any misrepresentation made by Us fraudulently.
4.7 We will not accept any responsibility for any illness, accident or loss, weather conditions, fire, civil or military disturbance, criminal activity, industrial action, mechanical breakdown, quarantine, border closures, government intervention or other event of force majeure where such events arise for reasons other than Our negligence. Although such circumstances are beyond our control, We shall make every effort to provide You with assistance if You are in difficulty. Should it become necessary to postpone, cancel or otherwise abandon a Trip/Experience because of such an event, We will be entitled to retain such monies received necessary to cover costs incurred.
4.8 You accept that weather conditions may prompt the cancellation of scheduled events within a Trip/Experience, and that We cannot be held responsible for such cancellations. Cancellation of events or sessions due to adverse weather conditions will be entirely at the discretion of the instructors or the In-Country Coordinator. No reimbursements will be made by Us for events or sessions lost to bad weather.
4.9 We accept no liability in respect of products or services procured by You from Third Party Suppliers or in respect of activities undertaken by You that are outside of those specified for Your Trip/Experience.
5 Health and Safety
5.1 You are advised that the host countries for Our Trip/Experiences do not supply comprehensive free health services.
5.2 Whilst We are committed to ensuring the safety of Our clients, We do not accept liability for any negligence on the part of Third Party Suppliers or any other agents used by You, which are not connected to Your Trip/Experience. Otherwise, We will provide as much assistance as is possible, whilst limiting that assistance to non-financial support. Any further help will be provided at the discretion of the In-Country Coordinator.
5.3 Should We, in case of emergency, provide You with any financial support, You are obliged to reimburse all monies given to You by Us within 6 weeks of the Trip/Experience end-date. The provision of such financial support is entirely at Our discretion.
5.4 You accept that all sports and travel carry some risk of personal injury. You have the right to refuse the taking of any risks which You believe may endanger Your health and safety, or which are not covered by Your insurance as set out in Clause 6.1 below, and You agree that We will not be held liable for any injury or damage caused to You where You have taken a risk willingly, and the injury or damage arose other than as a result of Our negligence.
5.5 You accept that the health facilities in Your Trip/Experience country may be of a lower standard to Your home country and consequently may not provide the level of treatment You expect in the case of an emergency.
6.1 You accept that it is compulsory to obtain travel insurance to cover personal accident, medical and hospital expenses and repatriation. Your insurance must cover cancellation, curtailment, repatriation, legal expenses, medical and emergency travel, personal accident, personal liability, rescue and assistance, hijack, and travel delay. You are obliged to ensure that Your policy covers all sporting activities that You may be involved in during Your Trip/Experience, which are provided by Our approved suppliers.
6.2 Your Policy cover should extend beyond the planned length of the Trip/Experience by at least two weeks. You acknowledge that, although We have said this is the minimal level, it still may not be adequate. We recommend that independent advice be taken.
6.3 We accept no responsibility for the loss of or damage to Your personal property unless it is caused by Our negligence, and it is recommended that You have personal insurance to cover loss of personal property by theft or accident.
6.4 You agree to indemnify Us in respect of any claim for loss or damage arising from any accident, personal injury, loss of life or damage to property caused by You during the course of the Trip/Experience.
6.5 In the event of any damage caused by You to Our property You agree to reimburse Us in respect of any such costs and damages within 8 weeks of the Trip/Experience end-date.
6.6 You are also advised to be aware of current government travel advice in respect of countries to which You are travelling.
7.1 Where a visa is required for the Trip/Experience, We will provide You with visa application forms, a letter of invitation where necessary and advice on filling in the necessary forms.
7.2 Please note that all visas are issued entirely at the discretion of the embassy concerned.
7.3 We are not responsible for the issue of visas. You are responsible for ensuring that Your passport, visas and any other travel documents are valid for the duration of Your Trip/Experience.
8 Cancellations and Amendments Policy
8.1 You acknowledge that Your payment for a Trip/Experience contributes to the overall costs of equipment, staff and administration, incurred by Us in planning and organising Your Trip/Experience, and that We will have incurred the largest part of Our costs on a non-recoverable basis before the Trip/Experience start-date. Therefore if Your Trip/Experience is terminated either by Us in accordance with Clause 2.4 above or by You for any reason other than Our breach of this Agreement then the deposit is non-refundable. If the termination takes place:
– up to 90 days prior to departure we shall refund to You 100% of the Trip/Experience Fee, if paid, except for the deposit amount
– less than 90 days prior to departure, all monies are non-refundable.
For the avoidance of doubt, in the event that You have not paid the applicable Trip/Experience Fee as at the date of termination then You shall be liable for the balance of the Trip/Experience Fee due less any amount due to be refunded.
8.2 Any request from You to amend a booking must be put in writing and sent to Our office. If we agree to transfer Your booking to an alternative Trip/Experience, then provided such an alternative Trip/Experience commences within 12 months of the original booked Trip/Experience start-date, We will transfer the Trip/Experience Fee or any part of the Trip/Experience Fee that You have paid to the new Trip/Experience less a sum of $60/£50 to cover Our costs incurred in re-arranging the booking.
8.3 In the unlikely event of Us cancelling Your Trip/Experience before the specified start-date other than as a result of a force majeure event as set out in Clause 4.7 above, We will refund to You whatever portion of the Trip/Experience Fee You have paid. This will be the full extent of Our liability.
8.4 In the event of cancellation of a Trip/Experience as a result of a force majeure event as set out in Clause 4.7 above then We shall retain whatever portion of the Trip/Experience Fee paid is necessary to cover Our reasonable expenses incurred in organising the Trip/Experience and refund to You the remainder. This will be the full extent of Our liability.
8.5 If You leave Your Trip/Experience before the specified Trip/Experience end-date other than as a result of Our breach of this Agreement, no refund will be made to You.
9.1 With regard to any complaint or claim in connection with Your Trip/Experience, You agree:
9.1.1 to ensure that, at the earliest possible opportunity, any perceived failure in the performance or improper performance of the contract, whether by Us or Our Sub-contractors, is communicated to the In-Country Coordinator so that Your concerns can be addressed; and
9.1.2 to notify Us in writing at Our offices as set out above with regard to any unresolved complaint or claim within 30 days of the Trip/Experience end-date, setting out:
(a) the details of Your Trip/Experience
(b) the nature of Your complaint or claim
(c) how best You feel We can resolve Your complaint or claim.
9.2 Any complaints directed against the In-Country Coordinator should be raised by phone or email directly to Us at our office.
9.3 Upon receipt of Your complaint or claim We shall investigate the details set out in Your notification and shall use Our reasonable endeavours to contact You within 14 working days of receipt of Your notification to address Your complaint or claim.
10 Disciplinary Procedures
10.1 The Disciplinary Procedure may be invoked under Clause 2.3 or Clause 2.4 at the sole discretion of the In-Country Coordinator. If at any stage You feel that this procedure is being applied unfairly or without cause, You should raise this directly with The Coordinator and, if You feel the matter has not been resolved to Your satisfaction, You may raise a complaint in accordance with Clause 9 above.
10.2 The Disciplinary Procedure is as follows (unless otherwise stated in the Code of Conduct):
(a) Upon the first incident of unacceptable behaviour or a breach of the Code of Conduct, the In-Country Coordinator shall warn You verbally that Your behaviour is unacceptable and shall explain to You the reasons for this unacceptability.
(b) If such behaviour or breach continues, the In-Country Coordinator shall provide You with a written warning, stating that any recurrence may result in You being required by the In-Country Coordinator to leave the Trip/Experience and, if appropriate, the country, without reimbursement of Your Trip/Experience fees.
(c) Upon a subsequent repeat of the unacceptable behaviour or upon a serious breach of the Code of Conduct the In-Country Coordinator may, at their sole discretion, require that You leave the Trip/Experience and, if appropriate, the country, without reimbursement of Your Trip/Experience fees.
10.3 In the event that the Disciplinary Procedure is invoked under Clause 10.2 and You are required to leave Your Trip/Experience and, if appropriate, the country, You agree to do so without causing fuss, disturbance or aggravation and at the time specified by the In-Country Coordinator.
11 Personal Data and Image Rights
11.1 In order to provide the services included within Your Trip/Experience and to meet Our obligations with respect to Your health and safety We may distribute Your personal details, including but not limited to Your name, contact address, phone number, email address, and emergency contact and/or next of kin details to Our Sub-contractors who are involved in the provision of Your Trip/Experience. Some of these Sub-contractors are located in countries not regulated by equivalent provisions to those in the Data Protection Act 1998 (“the Act”) and You will not be able to rely on these provisions to ensure the security of Your personal data as defined within the Act. We shall request Our Sub-contractors to keep Your personal data confidential and to use it only for the purposes for which it is supplied and shall use Our reasonable endeavours to ensure each Sub-contractor’s compliance with this request. In submitting Your Application Form You accept that You are consenting to the transfer of Your personal data as set out in this Clause 11.1.
11.2 We may retain Your contact details after the Trip/Experience end-date, for the purpose of providing You with information regarding other products or services that may be of interest to You. If You prefer not to receive such information, please notify Us in writing or by email.
11.3 We own the copyright and all intellectual property rights in any photographic, audio or video material produced by Our employees or agents which is produced during Your Trip/Experience (the “Material”). You agree that We may use any such Material in which You appear for promotional and marketing purposes only and provided always that Our use of such Material shall not be in Our reasonable opinion defamatory or damaging to Your personal reputation. If You would prefer Us not to use such Material as described herein, please indicate this to Us in writing or by email. In the event that You believe either during or after Your Trip/Experience that some Material may be defamatory or otherwise detrimental to You, You shall notify Us in writing or by email as soon as possible and We shall use Our reasonable endeavours to withdraw any such Material already published and shall cease to use any such Material in any further marketing or other publications forthwith.
12 Code of Conduct
12.1 You understand that by undertaking a Trip/Experience arranged by Us you will be representing Us throughout the entire time you are living, working and interacting with the local community overseas. Furthermore, You will owe a duty of care to anyone who is involved with Your Trip/Experience. Therefore, You agree to abide by the following Code of Conduct during Your Trip/Experience and accept that should Your behaviour fail to comply with any of the conditions outlined below, the In-Country Coordinator reserves the right to commence the Disciplinary Procedure in accordance with the provisions of Clause 10 above which may ultimately result in the termination of Your Trip/Experience and accommodation agreement.
12.2 The Code of Conduct is as follows:
(a) You will at all times respect local attitudes, cultures and beliefs. Specifically, You will not make comments of a derisory, sexist, or racist nature to anyone during Your stay. And You will dress, speak and behave appropriately at all times.
(b) You will not act in any way that is considered to be an anti-social manner by the In-Country Coordinator or local inhabitants at any time during Your stay. You will adhere to this specifically while under the influence of alcohol.
(c) You agree to attend the minimum hours of Your Trip/Experience provided by and agreed by Us. The agreed hours will be a minimum of three (3) hours per weekday (Monday – Friday) unless otherwise expressly stated in literature given to you or by the In-Country Coordinator. You understand that You have made a commitment to Your Trip/Experience and will perform to the best of Your ability.
(d) You will arrive at Your Trip/Experience on time each day and, in the event that You are delayed or cannot attend Your Trip/Experience altogether, You will notify the Coordinator as far in advance as is reasonably possible. Alternatively, You may notify another individual, such as the In-Country Instructor or In-Country Staff member associated with your Trip/Experience, provided that this individual has been expressly nominated in advance by the In-Country Coordinator.
(e) You will not take any time out from Your Trip/Experience in order to undertake personal in-country travel or to spend time with friends or family unless You have obtained the express permission from the In-Country Coordinator.
(f) You will not spend the night away from Your accommodation unless You have obtained the express permission from the In-Country Coordinator.
(g) You will not allow any person to enter or spend the night at Your accommodation unless You have obtained the express permission from the In-Country Coordinator.
(h) You will leave Your accommodation on the Trip/Experience End Date stated on your invoice unless You have obtained the express permission from the In-Country Coordinator. This includes local home-stays that You may have stayed with during Your Trip/Experience which We sourced and introduced to You. You will not leave Your Trip/Experience earlier than the intended end date without consulting the In-Country Coordinator.
(i) You will ensure that any equipment used by You, whether personal belongings or otherwise, are cleared away and kept tidy and orderly at all times, in both personal and communal living areas of the accommodation. You will treat Your Accommodation with respect. Failure to do so may result in You being asked to leave Your Trip/Experience.
(j) You agree to drink alcohol only in moderation throughout Your entire time abroad. The In-Country Coordinator will explain the drinking rules that apply to Your Trip/Experience when You arrive in-country and, if You are informed of any local customs by the In-Country Coordinator, for example, concerning prohibitions or limits on alcohol consumption, You will adhere to and respect those customs.
Furthermore, unless otherwise permitted by the In-Country Coordinator, You will not consume any alcohol from Sunday up until Friday evening. This rule may be relaxed on Friday evening and Saturday provided You have obtained the express permission from the In-Country Coordinator. You understand that We have a zero-tolerance policy on this matter and anyone who is caught consuming alcohol or is suspected of consuming alcohol outside the times permitted by the In-Country Coordinator may be asked to leave the Trip/Experience and Accommodation immediately in accordance with the provisions of Clause 10.2(c) of these Terms and Conditions.
(k) You will not buy, handle or consume any illegal substance during Your stay. You understand that We have a zero-tolerance policy on this matter and anyone who is caught in possession of illegal substances or is suspected of using or handling them will be asked to leave their Trip/Experience and Accommodation immediately in accordance with the provisions of Clause 10.2(c) above.
(l) You acknowledge that We explicitly advise against You developing sexual relations with any persons in the country where You are staying and You do so at Your own risk. Specifically, You accept and understand that there may be different attitudes to sexual relations in the countries that You visit, and that this could result in danger to Yourself. You also accept that health facilities may be of a lower standard in Your Trip/Experience country and that HIV/AIDS and other sexually transmitted diseases may also be common. You acknowledge that You are aware of the risks of unplanned pregnancy, HIV/AIDS and other sexually transmitted diseases involved in unprotected sexual relations. You also acknowledge that You are aware that drugs are sometimes used in cases of rape/non-consensual sex and this may be a risk while socialising during Your Trip/Experience.
(m) You will follow the advice of the In-Country Coordinator at all times. Failure to do so may put You or others in danger and may lead to You being asked to leave Your Trip/Experience and Accommodation immediately in accordance with the provisions of Clause 10.2(c) above.
(n) You are responsible for Your health and wellbeing. You agree to deal with any medical ailment immediately and seek medical attention and the advice of Your medical assistance company, should You require it. You accept that health facilities in Your Trip/Experience country may be of a lower standard than You are used to.
(o) You will ensure that return flight date falls before the expiration of any in country visa requirement. You understand that You need to obtain Your visa (if required).
13 Agreement to Terms and Conditions
13.1 It is important that You read and understand these Terms and Conditions prior to submitting Your Application Form. If You have any questions or concerns about the meaning of any item in these Terms and Conditions, You are requested to raise these with Us before submitting Your Application Form.
14.1 This contract is subject to Ugandan law and is subject to the exclusive jurisdiction of the Ugandan Courts.
Terms and conditions – Extension Bookings
All extension tours that operate in conjunction with The Uganda Marathon are booked through and operated via the Ugandan organisation The Masaka Marathon t/a The Uganda Marathon. These terms and conditions set out the agreement made between The Masaka Marathon (Us), and You, the customer who purchases a tour.
The registered address of The Masaka Marathon, in Uganda is:
1. Subject of Contact
1.1 The Masaka Marathon undertakes to render to you a package of services (hereinafter referred to as “Tour”) with details specified in the Extensions Brochure. Accommodations and standards are listed in the brochure and are to be kept in accordance with.
1.2 Due to the nature of the travel that involves taking tour groups to remote and rural areas of Uganda, you are forewarned that in certain instances choice of food, facilities, and services can be limited. Weather, the state of roads and the isolated location may have an impact on the itinerary. We endeavour to ensure that all facilities, food, and services provided will remain clean and decent and any unforeseen instances are handled with efficiency and in a timely manner to minimise any impact on the Tour and inconvenience caused to you.
1.3 Viability of The Tour is considered viable in the event that 4 or more people confirm their involvement.
1.4 Confirmation of an individual on the Tour is accepted at the time that they provide a clear scanned copy of information page of passport, the passport should be valid for 6 months after the Tour has concluded, any dietary requirements and other information referring to the clients that is important in order for us to provide the services of the Tour.
1.5 In the unlikely circumstance that a hotel will not be able to accommodate you in the rooms as outlined in the contract, a room of the same or of higher standard will be offered to the client at no additional cost to you.
1.6 We require a copy of each of your travel and medical insurance prior to the commencement of the Tour.
2. Cost and Payment
2.1 The cost of the Tour is as outlined in the Extensions Brochure
2.2 Prices are quoted and payable in GB Pounds Sterling and include all taxes incurred for the purposes of the Tour. Any bank charges, transaction fees and foreign exchange fees associated with the payment are to be incurred by you.
2.3 Prices are fixed. In the unlikely event that there is a change in the pricing, this will be communicated in a timely manner and agreed in writing between both parties.
2.4 Payment terms – Before you are confirmed for your extension, we require a financial deposit equal to half the total value of your extension. The outstanding balance is then due by 60 days prior to the tour commencing.
2.5 You will be reimbursed for any aspect of the Tour which is not rendered under clause 1.2. This excludes services not rendered to clients at their express request, which are included in the itinerary
2.6 Refund terms – in the event that you are no longer able to travel, we should be notified in writing with the below refund terms becoming applicable – referring to cost of Tour outlined in clause 2.1 and number of days prior to the commencement of the Tour. Refund will be made within 45 days of the conclusion of the tour by us.
2.6.1 90 days or more: 70% of cost of Tour
2.6.2 60 – 90 days: 50% of cost of Tour
2.6.3 30 – 60 days: 25% of cost of Tour
2.6.4 Less than 30 days: No refund possible
3. Rights and Obligations of Parties
3.1 We hereby undertake:
- To provide you with all necessary documents which confirm your status of a tourist and authorise you to be rendered with corresponding tourist services
- To render you with the tour services as outlined in this contract
- Before your arrival, to inform you about:
- general requirements to all necessary documents (passport), entry/exit visas, time of processing of documents. However, we are not responsible for entry/exit visa application and approval
- medical warnings against the trip including diseases, physical restrictions
- contact information for us as well as any representative of us that you will be in contact with during the Tour
- Tour information package expressing all details about the Tour including itinerary, accommodation, tour guide, excursions etc.
- room allocation for the duration of the Tour
3.2 You hereby undertake:
- To make payment for the Tour in proper time in accordance with clause 2.4 of this contract
- To come to the place of meeting of the group in proper time
- To provide us with your correct information in a timely manner to ensure the successful confirmation with hotels and excursions
- To cover any expenses incurred by us prior to the trip in the eventuality of cancellation in the event that these expenses extend further to the non-refundable deposit as per clause 2.4.1
- To compensate us for any damages incurred to property by you
4. Liabilities and Liability Exemptions
4.1 In case of failure to execute this contract by us, you shall be entitled to claim for return of payments for non-rendered services provided that clause 3.2 is observed.
4.2 If you cannot travel due to unduly or untimely processed documents (issued visas), you are fully liable for all the expenses connected with travel and cancellation.
4.3 We accept no responsibility for the safety of luggage or persons, valuables and documents during the Tour under any circumstances.
4.4 We are not liable if you are prohibited by the responsible authorities or officials from entry or exit because of violation of legal order by said client, or other reasons which are beyond the scope of the responsibilities of us.
4.5 You are entitled to annul this contract prior to the commencement of travel however, refunds will be limited in line with clause 2.6. The notice of withdrawal must be completed in writing.
4.6 You will be released from penalties and cancellation clauses of the Tour in line with the timelines outlined under clause 2.6
4.7 In the event that the minimum number of clients is not obtained (4 individuals), you will not be held liable in any capacity. Notification of this should be received no later than 90 days prior to the Tour commencement date.
4.8 We shall not be responsible for inaccurate rendering of extra services (those which fall outside the agreed itinerary) however, endeavor to reduce the risk of such instances
4.9 We are not responsible for your travel and medical insurance. This responsibility will lie with you to ensure that you are sufficiently covered and proof of this insurance must be shared with G2U prior to the commencement of the Tour
5. Force Majeur
5.1 In case of force majeur when execution of the obligation is impossible, namely due to war, natural disaster, strikes, terrorist attacks, epidemics, revolutions and other acts of God which are beyond the control of either party, the parties will be exempted from liability for untimely execution of their obligations under with contract. The circumstances of the force majeur must be outlined in writing and the best course of action determined between the parties based on minimizing the impact on you as well as ensuring your safety.
6. Validity and Termination
6.1 The contract comes into force from the moment of payment of the booking deposit
6.2 The contract shall be considered terminated when its provisions are fully executed by the parties and by mutual agreement
6.3 Any party shall be entitled to amend or cancel the contract prior to the commencement of the Tour based on conditions outlined below, in line with clause 2.6:
6.3.1 Seriously deteriorated conditions of the Tour and modification of terms
6.3.2 Unforeseen increase in transportation fares
6.3.3 Increase in current tax rates, fees and other compulsory payments as well as adoption of new payments
6.3.4 Dramatic fluctuation of currencies exchange rates
Terms and conditions- Website & usage
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Uganda Marathon’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Uganda Marathon’, or any variation thereof, ‘The Masaka Marathon’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is THE MASAKA MARATHON, PO Box 1619, Masaka, Uganda. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Photos used have been accredited where possible. We acknowledge there may, through error, be some copyrighted images hosted on this site from time to time- we will remove these at the request of the copyright holder- please contact us on the contact form provided.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of Uganda.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site.Users may be asked for, as appropriate, name, email address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Please note: if you register on the site to undertake the marathon using a Promotional Code from a third party, we will share the details supplied with the issuer of that code.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Uganda Marathon may collect and use Users personal information for the following purposes:
- To run and operate our SiteWe may need your information to display content on the Site correctly.
- To improve customer serviceInformation you provide helps us respond to your customer service requests and support needs more efficiently.
- To run a promotion, contest, survey or other Site featureTo send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emailsWe may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on March 24th 2020.