Terms and Conditions

1.1 The Company

Porto Tanganyika LTD ("the Company," "Porto Tanganyika," "we," "us," or "our") is a private limited company duly incorporated and registered under the laws of the Republic of Burundi, having its registered office at Tokyo Business Center, 2nd Floor, Office A206, Bujumbura, Republic of Burundi.

1.2 Scope of these Terms

These General Terms and Conditions ("the Terms") govern all commercial relationships between Porto Tanganyika LTD and any natural or legal person ("the Client," "you") who requests, books, purchases, or otherwise uses any of the services offered by the Company through any channel, including its website, electronic communications, telephone, or in-person interactions.

1.3 Binding Acceptance

By submitting a booking request, paying the required deposit, signing a quotation or service agreement, or otherwise engaging the Company's services in any manner, the Client confirms that they have read, understood, and irrevocably accepted these Terms in their entirety, and that these Terms shall govern the contractual relationship between the parties, to the exclusion of any other terms, including those proposed by the Client.

1.4 Capacity to Contract

The Client warrants that they are of legal age (eighteen (18) years or older), have full legal capacity to enter into a binding contract, and where booking on behalf of other persons, possess the authority to accept these Terms on behalf of every such person, who shall likewise be bound by these Terms.

4.1 Booking Request

The Client shall submit a booking request through any of the official channels offered by the Company. Such request shall include all information reasonably required by the Company, including but not limited to full legal name as it appears on the Client's passport or national identity document, contact details, nationality, identity document numbers, and the specific Services requested.

4.2 Quotation

Following receipt of a booking request, the Company shall issue a written quotation specifying the Services to be provided, the Total Price, the payment schedule, and any specific conditions applicable to the Booking. Quotations are valid for the period stated therein and are subject to availability and to the issuance of formal confirmation by the Company.

4.3 Confirmation

A Booking shall be deemed confirmed, and a binding contract shall be deemed formed between the parties, only upon: (i) the Client's acceptance of the quotation in writing or by clear act of acceptance; (ii) receipt by the Company of the Deposit in cleared funds; and (iii) issuance by the Company of a written Booking confirmation.

4.4 Accuracy of Information

The Client warrants that all information provided to the Company in connection with the Booking is true, accurate, complete, and up-to-date. The Client shall be solely responsible for any consequences, including financial loss, arising from the submission of inaccurate or incomplete information.

Article 5 — 50% Deposit Required Before Booking

No Booking shall be confirmed, and no Services shall be reserved, until the Client has paid to Porto Tanganyika LTD a non-refundable Deposit equal to fifty per cent (50%) of the Total Price of the Services, in cleared funds.

The remaining fifty per cent (50%) balance is due in full in accordance with the schedule set out in the Booking confirmation, and in all cases no later than the Service Date.

5.1 Deposit (50%)

In accordance with Article 5 above, a Deposit equal to fifty per cent (50%) of the Total Price shall be paid by the Client before any Booking is confirmed. Until the Deposit has been received by the Company in cleared funds, no Services shall be reserved, no permits or supplier allocations shall be procured, and the Company shall be under no obligation whatsoever to perform any Services.

5.2 Balance Payment (50%)

The remaining balance of fifty per cent (50%) of the Total Price shall be paid by the Client in accordance with the payment schedule set out in the Booking confirmation. Where no specific schedule is stated, the balance shall be due and payable no later than thirty (30) days prior to the Service Date, or, in the case of Bookings made less than thirty (30) days prior to the Service Date, in full and immediately upon Booking confirmation.

5.3 Late or Short-Notice Bookings

Bookings made within thirty (30) days of the Service Date may, at the Company's sole discretion, require payment of one hundred per cent (100%) of the Total Price upfront to allow for the timely execution of supplier contracts and procurement of necessary services.

5.4 Methods of Payment

Payments shall be made in the currency stated on the invoice (typically United States Dollars, Euros, or Burundian Francs), through such methods of payment as the Company shall from time to time accept, including bank transfer, mobile payment services, and any other method expressly indicated by the Company. All bank charges, transfer fees, currency conversion fees, and similar costs shall be borne exclusively by the Client.

5.5 Default on Payment

Failure by the Client to make any payment when due shall constitute a material breach of these Terms. In such event, the Company shall have the right, without notice and without prejudice to any other rights or remedies, to: (i) suspend or cancel the Booking; (ii) retain in full all sums already paid by the Client, including the Deposit, as liquidated damages; and (iii) recover from the Client any costs already incurred or committed to third-party suppliers.

5.6 Taxes and Additional Charges

Unless expressly stated otherwise in the Booking confirmation, all prices are quoted exclusive of any taxes, levies, tourism duties, fuel surcharges, or governmental fees that may apply. The Client shall be solely responsible for the payment of any such additional charges as may be required by Burundian law or the law of any other jurisdiction in which the Services are rendered.

Article 6 — Strict No Refund Policy

ALL PAYMENTS MADE BY THE CLIENT TO PORTO TANGANYIKA LTD, WHETHER AS A DEPOSIT, BALANCE PAYMENT, ANCILLARY CHARGE, OR ANY OTHER FORM OF PAYMENT, ARE STRICTLY AND IRREVOCABLY NON-REFUNDABLE UNDER ANY CIRCUMSTANCES WHATSOEVER.

This no-refund policy applies regardless of the reason for cancellation, postponement, non-use, or interruption of the Services, including (without limitation): cancellation by the Client; failure to attend; voluntary withdrawal; change of mind; medical, personal, or family circumstances; visa or travel-document refusal; flight cancellation or delay; weather conditions; civil unrest; pandemic or epidemic; governmental or regulatory action; or Force Majeure events as defined in Article 10.

By submitting a Booking and/or making any payment to the Company, the Client expressly waives any right, claim, or recourse for refund, reimbursement, credit, set-off, or compensation in respect of any sums paid to the Company.

6.1 Acknowledgment by the Client

The Client expressly acknowledges that this no-refund policy constitutes an essential and non-negotiable condition of the contractual relationship with the Company, without which the Company would not have agreed to provide the Services. The Client further acknowledges that the price of the Services has been set in consideration of this no-refund policy.

6.2 Non-Refundable Commitments to Third Parties

The Client acknowledges that, in order to deliver the Services, the Company is required to make immediate, binding, and frequently non-refundable commitments to third-party suppliers, including hotels, transport operators, tour operators, public authorities, and permit-issuing bodies. The strict no-refund policy reflects the Company's inability to recover such sums from third parties once committed.

6.3 Cancellation by the Client

In the event that the Client elects to cancel a Booking for any reason whatsoever, whether before or after the Service Date, the Client shall not be entitled to any refund of sums already paid. The Company shall further be entitled to invoice and recover from the Client any unpaid balance of the Total Price where such balance has already been committed to third-party suppliers at the time of cancellation.

6.4 No-Show and Interruption

Failure by the Client to attend any Service, late arrival, early departure, or voluntary interruption of the Services, for any reason whatsoever, shall result in the total forfeiture of all sums paid, with no entitlement to refund, credit, or compensation, whether full or partial.

6.5 Recommendation: Travel Insurance

In light of the strict no-refund policy, the Company strongly recommends that every Client obtain comprehensive travel insurance covering, at a minimum, trip cancellation, trip interruption, medical expenses, repatriation, and personal property, before the commencement of the Services. The Client shall be solely responsible for procuring such insurance, and the Company shall bear no liability arising from the Client's failure to do so.

9.1 Minor Changes

The Company reserves the right to make minor changes to the Services at any time, where reasonably necessary for operational, safety, regulatory, or supplier-related reasons. Such minor changes shall not entitle the Client to any refund, credit, or compensation.

9.2 Material Changes

Where the Company is required to make a material change to the Services prior to or during their performance, the Company shall use commercially reasonable efforts to propose an alternative of comparable standard and value, at no additional cost to the Client. Should the Client refuse the proposed alternative, or should no suitable alternative be available, the Company's sole liability shall, where the change occurs prior to the Service Date, be limited to offering a credit (at the Company's discretion) for use against a future Booking, and shall in no event extend to any monetary refund.

For the avoidance of doubt, and notwithstanding any other provision of these Terms, the no-refund policy set out in Article 6 shall apply at all times.

11.1 General Limitation

To the maximum extent permitted by Burundian law, Porto Tanganyika LTD shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of opportunity, loss of enjoyment, emotional distress, or reputational damage, arising out of or in connection with the Services or these Terms, whether in contract, tort, or otherwise.

11.2 Cap on Direct Liability

In all cases, and to the maximum extent permitted by Burundian law, the total aggregate liability of the Company arising under or in connection with these Terms shall not exceed the sums actually received by the Company from the Client in respect of the specific Booking giving rise to the claim.

11.3 Acts of Third Parties

The Company acts as an intermediary in the procurement of certain Services rendered by independent third-party suppliers (including hotels, transport operators, airlines, and tour guides). The Company shall not be liable for any act, omission, default, negligence, or wilful misconduct of such third parties, who are bound by their own terms and conditions and over whom the Company exercises no direct control.

11.4 Personal Risk

The Client acknowledges that the Services may involve activities that carry inherent risks to health, safety, and property (including but not limited to outdoor activities, water-based activities, and travel in remote areas), and accepts such risks voluntarily. The Company shall not be liable for any injury, illness, loss, or damage suffered by the Client in connection with such risks, save where caused directly and exclusively by the gross negligence or wilful misconduct of the Company.

15.1 Entire Agreement

These Terms, together with the Booking confirmation and any document expressly incorporated therein, constitute the entire agreement between the parties in relation to the subject matter hereof, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

15.2 Severability

If any provision of these Terms is held by a competent court or arbitral tribunal to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

15.3 Amendment

The Company reserves the right to amend these Terms at any time. The version of the Terms applicable to a given Booking shall be the version in force at the date of confirmation of that Booking. The current version of these Terms shall be available at all times on the Company's website.

15.4 No Waiver

The failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision, nor shall it prevent the Company from subsequently enforcing such provision.

16.1 Governing Law

These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by, and construed in accordance with, the laws of the Republic of Burundi, to the exclusion of any rule of conflict of laws that would lead to the application of any other law.

16.2 Amicable Settlement

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, the parties shall first endeavor in good faith to settle the matter amicably through direct negotiation within a period of thirty (30) days from the date on which one party notifies the other of the existence of the dispute.

16.3 Jurisdiction

Failing amicable settlement, the parties hereby submit irrevocably and exclusively to the jurisdiction of the competent commercial courts of Bujumbura, Republic of Burundi, which shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.