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DIRECT BOOKING TERMS & CONDITIONS
PLEASE NOTE: We know reading all the legal terms and conditions can be a chore, but there are some clauses we feel are particularly important for all our guests. To help you along, we’ve highlighted and inserted ‘PLEASE NOTE:’ on several paragraphs. As always, please contact us if you would like more information.
1: Definitions and Parties
In these terms and conditions: The ‘Company’ shall mean Mahali Mzuri Management Limited, a Company incorporated under the laws of Kenya. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings using exclusive use rates (applicable when booking 7 or more rooms) and ‘Group Bookings’ shall mean bookings for between 4 and 6 rooms using individual rates to be utilised by one party of individuals. An ‘Individual Booking’ shall mean bookings for between 1 and 3 rooms using individual rates other than a group booking. In these terms and conditions, the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.
A contract will only be constituted between the Company and the Client once the Company issues a booking confirmation invoice to the Client after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under paragraph 3 ‘Payment and Confirmation’ below.
PLEASE NOTE: The Lead Booking Name on paying the deposit acknowledges that he accepts these terms and conditions on behalf of himself and each of his travelling companions and warrants to the Company that he has authority to do so.
3: Payment and Confirmation
Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 42 days prior to the proposed date of arrival at Mahali Mzuri. If the Client makes a reservation less than 42 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% pre-payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. The method by which you should pay for your booking will depend on where you are making your reservation, and your reservations office should provide full details when they send you your invoice.
4: Cancellation by the Client
As with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. Please note the Client is also liable for any payments outstanding on the date the cancellation is received. You must send us all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details:
Virgin Limited Edition,
The Metro Building,
Fax: +44 (0) 20 8600 0431
The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.
Please note that any arrangements made and subsequently cancelled or amended with third party companies (e.g. tours, excursions, flights) may incur charges according to the cancellation and amendment policy of that third party company and, if requested, you will refund us in respect of such charges forthwith. Please note that if a payment is not received from you on time or in the correct amount we reserve the right to release your reservation regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of any payments due.
In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.
5: Changes by the Client to date or nature of the booking
All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave Mahali Mzuri early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to you nor will alternative dates be arranged.
The Client also agrees that individual or group stays at Mahali Mzuri cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.
6. Changes and Cancellation by the Company
The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us by the date of cancellation will be repaid less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.
Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation, which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client under these terms and conditions and require you to leave Mahali Mzuri immediately if the Company reasonably considers that the Guest’s behaviour at Mahali Mzuri has caused (or is likely to cause) loss, damage or harm to Mahali Mzuri or its reputation or any part of it or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.
For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.
7. Liability of the Company
a) PLEASE NOTE: We accept no liability for ensuring that the accommodation which you book with us is provided as described in this contract, save where any part of your accommodation is not provided as described in this contract due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph (b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us.
b) Nothing in paragraph (a) above shall exclude or restrict our liability or responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us.
c) PLEASE NOTE: Due to the nature of activities undertaken at Mahali Mzuri and because of the incidence of malaria in Kenya, all guests shall sign an indemnity and waiver on arrival at Mahali Mzuri.
d) PLEASE NOTE: For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We would suggest that you obtain suitable insurance to cover loss or injury. The Company shall not be obligated to make any payments in those circumstances other than as otherwise referred to in the terms and conditions above.
8. Force Majeure
a) If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.
b) If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.
9. Data Protection
10. Indemnity, Release and Waiver
a) The Client hereby acknowledges that the animals, insects and wildlife at Mahali Mzuri and the surrounding land (the “Conservancy”) constitute a potential danger to persons walking on the Conservancy or any part thereof or travelling in open or closed vehicles thereon, whether or not accompanied by a guide or staff member and whether or not in the proximity of safari camps, tents and accommodation.
b) PLEASE NOTE: Subject to paragraph 7 (b) above, the Client hereby releases, indemnifies and holds harmless, to the fullest extent permitted by law, the Company as well as its holding, subsidiary and associated companies and its and their respective directors, officers, employees, servants and agents from and against any and all claims, liabilities and losses of whatever nature, including (without limitation) for loss, costs, damage, expense, personal injury or death, arising from or in connection with the Client and/ or any Minor’s stay at Mahali Mzuri. For the purposes of this paragraph 10, “Minor” shall mean a person under the age of 18 or dependent of whom the Client is the parent or legal guardian or who is under the control or custody of the Client.
c) PLEASE NOTE: The Client is aware that malaria occurs in Kenya and acknowledges that he may have been advised to take anti-malaria precautions for himself and any Minors.
d) PLEASE NOTE: The Client undertakes to obey all instructions given to him at any stage by any guide or other officer or employee of the Company whilst at Mahali Mzuri in the Conservancy and acknowledges that any such instruction will be made for the purpose of protecting the Client’s personal safety and that of others in whose company the Client may be.
11. Entire Agreement; Variation and Waiver, Severance
These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.
12. Governing Law
This contract shall be governed and construed according to English Law and shall be subject to the exclusive jurisdiction of the courts of England, save that the Company shall be entitled to enforce the contract against the Client in the courts of any other country in which the Client is.
14. Park Entrance Fees
Conservation fees are included in our room rates for the Olare Motorogi conservancy. Please note, any guests entering the Masaai Mara National Reserve will be charged conservation fees (charges apply to passengers and vehicle). These rates are not included within our accommodation rates, except for one complimentary pass to guests who stay three or more nights during our Migration Season. Please contact our sales agents who will be pleased to quote rates as required.
15. AMREF Flying Doctors Scheme
'AMREF, the flying doctors’ organization based in Nairobi, provides air evacuation services in medical emergencies across East Africa, as well as air ambulance transfers between medical facilities. AMREF Flying Doctors operates 24 hours a day, 365 days a year as a vital link between remote areas and AMREF's Control Centre at Wilson Airport in Nairobi. Their airplanes, some fitted with operating theatre and resuscitation room, can take you back to Nairobi and to its modern, efficient private hospitals in less than one hour. All you need to do is to subscribe to their insurance: it costs very little and whilst it’s highly unlikely you’ll need to use it, it gives you total peace of mind. For those who already have travel or health insurance, it’s worth double checking what’s included in the existing policy as air evacuation may not be covered. To buy AMREF insurance please visit www.flydoc.org or ask your travel agent or tour operator.’