Terms & Conditions
USAGE OF THE WEBSITE
Change to Agreement:
Copyright & Intellectual Property Rights:
Odhiambo Oronga & Co. Advocates,
View Park Towers, 10th floor,
P.o. box 10762-00100,
TERMS OF BOOKING – OLGATUNI CAMP LTD
1. CONTRACTING PARTIES:
1.1 These Booking Conditions are legally binding between the guest(s) (“you”) and Olgatuni Camp Ltd, a private company incorporated with limited liability company under the Companies Act (Cap 480) in the Republic of Kenya and of P.O Box 998-20500 Narok. They govern any booking you make to stay at Olgatuni Camp Ltd.
2. ACCEPTANCE OF THESE TERMS:
2.1 PLEASE NOTE: By making a booking, the lead passenger confirms that:
he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services (details of applicable age restrictions are available in the contract); and
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
3. WHAT CAN BE INCLUDED IN YOUR BOOKING:
3.1 Accommodation: All accommodation and room type(s) shall be as shown in your booking confirmation and the specification for the accommodation shall be as shown on the website https://olgatuni.com/ (“the Website”).
3.2 Meals: Meals included shall be as detailed in the contract.
3.3 Transfers: Any transfers included shall be listed in the contract.
3.4 Taxes: Taxes that are included in the price of the stay.
3.5 Sightseeing/Guided Tours/Excursions: Certain activities may be included within your booking as detailed in the contract.
3.6 Other: Your booking may have additional inclusions. Please check the Website for details,
4.1 The cost of obtaining passports and visas, excess baggage charges, items of a personal nature such as drinks, laundry, telephone calls and excess baggage charges, unless expressly stated as included in the contract, are not included in the price.
4.2 Gratuities for guides, drivers, porters, camp staff, ship crew and Tour Managers are not included in the price of the booking and are at your discretion.
4.3 Anything expressly listed as an exclusion in the contract will not be included in the price
5. CHANGES TO YOUR BOOKING:
5.1 Every effort will be made to operate bookings as planned, but alterations may occur. We reserve the right to cancel a booking or any part of it and to make such alterations to the booking as we deem necessary or desirable and we reserve the right to pass on to you any expenditures or losses caused by delays or events beyond our control.
5.2 In case of any appreciable variation in the price of your arrangements due to these circumstances, We reserve the right to make adjustments to the price of the booking as necessary.
5.3 In case we have to cancel your confirmed booking due to any reason, our liability is upto returning your booking amount for that particular booking. We shall not undertake any other liability arising out of such cancellations initiated by us.
6. SPECIAL REQUESTS:
7. BAGGAGE AND PERSONAL EFFECTS:
7.1 Weight restrictions for baggage on some flight routes may apply, whether domestic/internal or international. Please check with your carrier for baggage restrictions applicable to your flight.
7.2 Baggage and personal effects are at your risk throughout your stay and we assume no liability for lost or damaged baggage. Baggage insurance is strongly advised. Where safes are provided, you must use them to store valuables. Where safes are not provided, any valuables must be kept on your person at all times.
9. DESCRIPTIONS AND IMAGERY:
10. SURVEILLANCE AND SECURITY:
11.1 Some activities may be pre-booked by us, however, should you wish to participate in other or additional activities we strongly advise that you book in advance so as to avoid disappointment.
11.2 Some activities, most notably those which are boating and water-related and also ballooning, are subject to weather and/or water levels. We cannot be held responsible should such activities be amended and/or canceled as a result of such matters, over which we have no control.
11.3 Some of the transfers, excursions or other tours that you may choose to book through us are run by third parties and such arrangements will not be part of your contract with us. For any such transfer, excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. In such circumstances we act only as agent for the operator and we will notify you accordingly at the time of booking. Where you book these before your stay commences we will list them on your booking confirmation and specify the third party responsible for them. We are not responsible for the provision of such excursion or tour or for anything that happens during the course of its provision by the operator. Copies of the terms and conditions of the relevant supplier are available on request.
11.4 Air Transportation: International air carriers are subject to international air conventions limiting their liability. These limitations of liability are explained on the e-ticket or on the reverse of the airline ticket and when issued this constitutes the sole contract between the respective air carrier(s) and their passengers.
12.1 A non-refundable deposit of 30% of the price of the booking is required within 7 days of us issuing a booking confirmation.
12.2 The balance of the price of the booking is payable 60 days prior to departure. If the reservation is made after this date, the entire booking price must be paid at the time of confirmation. Last minute bookings must be paid in full before arrival. Failure to pay on time may result in cancellation of a booking with cancellation penalties payable to us.
12.3 We may charge a convenience fee for payments by credit card which will be advised at the time of booking or making a payment.
13. CANCELLATION BY YOU:
13.1 All cancellations should be made in writing. The following cancellation charges will be payable (calculated on the total value of the booking):
- If cancellation is received more than 60 days prior to arrival – 30%.
- If cancellation is received from 60 days to 31 days prior to arrival – 70%.
- If cancellation is received less than 31 days prior to arrival – 100%.
13.2 Special cancellation terms apply for group bookings, exclusive use of a camp and boat charters which will be advised at the time of booking.
13.3 Cancellation of airline tickets will be subject to the refund policy of each individual airline. We will advise you of these as soon as possible after receipt of the written cancellation.
13.4 The purchase of tickets for transfers, excursions or tours run by third party operators is subject to the refund policy of each individual operator. We will advise you of these as soon as possible after receipt of the written cancellation.
14. FORCE MAJEURE:
14.1 Force majeure means unusual and unforeseeable circumstances beyond our control or the control of our suppliers, the consequence of which neither we nor our suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers. We will not be liable or pay you compensation if our contractual obligations to you are affected by force majeure.
14.2 We may charge a reasonable fee to cover the administration costs associated with providing alternative travel arrangements or products where your booking is affected by Force Majeure.
15. COMPLAINTS, CLAIMS AND REFUNDS:
15.1 Refunds are not made for any missed services, except for verifiable extenuating circumstances and then only at our discretion. Please see our Limits On Our Responsibility clause below.
15.2 We make every effort to ensure that your booking runs smoothly but if you do have a problem during your stay, please inform the management at the Retreat immediately who will endeavor to put things right.
15.3 If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to the booking representative you made your booking with within 30 days of the end of your stay, giving your booking reference and all other relevant information.
15.4 Any price adjustment considered will be based on the actual price of the services involved and not on a per-day basis. Adjustments will not be made for unused sightseeing trips or meals. Any payment made by us, either by way of refund or as the result of a successful claim, will be limited to, and not exceed, the sum paid by you for the booking minus any administration fees.
16. LIMITS ON OUR RESPONSIBILITY:
16.1 Olgatuni, our employees, shareholders, officers, directors, successors and agents, purchase transportation (by aircraft or otherwise), ground handling and other services from various independent suppliers (including from time to time other affiliated companies). All such persons and entities are independent contractors. As a result, we are not liable for any negligent or wilful act of any such person or entity or of any third person.
16.2 In addition and without limitation, we 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 our actions, Force Majeure or otherwise.
16.3 Boats: If you are scheduled to join one of our boats it is your responsibility to ensure that you are aboard the boat in good time before the scheduled sailing and before departure from any stop. We are neither responsible nor liable if you fail to board the boat in good time and suffer any loss as a result. Furthermore, refunds will not be given for any days which are missed as a result of such failure, or for guests who choose to leave the boat prematurely for any reason.
16.4 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. In particular if you decide to participate in any activities including, but not limited to, any excursions involving animals, mokoro excursions, motorised and paddle boat excursions, walking safaris, night game drives, helicopter flights, fishing, hot air ballooning, white-water rafting, primate trekking and any activity which may carry inherent risks of serious illness, injury or death (“Activities”) then you fully understand and acknowledge that you take complete responsibility for your own health and safety. By booking a stay with us, you 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 or otherwise and agree to release Olgatuni and our affiliates, our agents, employees and representatives from any liability whatsoever related thereto, to the fullest extent permitted by law.
16.5 Further, as consideration for being permitted to participate in the Activities, you release Olgatuni, whether known or unknown, from, and agree not to sue or make claim against us for property damage, cancellation of any activities for any reason, illness, negligent rescue operations or procedures, personal injury or death arising from 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 our negligence (but not our reckless, wilful, or fraudulent conduct) and/or from any defect in equipment. You further agree to indemnify and hold us harmless with respect to any claim made against us by anyone else which a) related to your participation, or b) would be subject to the above release and covenant not to sue if you had made this claim directly yourself.
16.6 Any excursions and/or activities taken/added to your booking may not have been health and safety or risk assessed. It is therefore your responsibility to check whether a particular activity has been assessed or not. Should you choose to participate in any excursion and/or activity which has not been health and safety or risk assessed and/or approved, you are deemed to fully understand and acknowledge the inherent risks that come with participating in such an excursion and/or activity.
16.7 Nothing in this clause 16 shall seek to release Olgatuni and our affiliates, our agents, employees, and representatives from any liability which cannot be excluded under the laws of the relevant country which govern these Booking Conditions.
16.8 If any court or competent authority finds that any provision of these Booking Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Booking Conditions shall not be affected.
16.9 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
17. HEALTH PRECAUTIONS:
18. TRAVEL ADVISORIES/WARNINGS:
19. FITNESS TO TRAVEL:
21. PASSPORT & VISAS:
22. TRAVELLING WITH CHILDREN:
22.1 We recommend that if you are traveling with a child that does not share your surname, in order to minimize the possibility of disruption to your travel plans, you travel with documentation that proves your relationship to the child as well as documentation that proves you have permission to travel with them. We cannot be held responsible should you or any member of your travelling party be denied entry to a country due to non-compliance with these requirements. Should you require further specific information ahead of travel, please consult the travel advice produced by the government of your home jurisdiction, as well as that of the government who issued the passport and/or visa you intend to travel under.
22.2 Due to the nature of some of the excursions and activities involved in our bookings, minimum age requirements are in place at some destinations. Additionally, some Retreats require children below a certain age to share a room with an adult. Such circumstances vary and will be specified in the contract.
22.3 Where your party includes one or more children, you must take responsibility for monitoring their whereabouts and actions and for ensuring their safety during your stay. Olgatuni will not be liable for any damage or injury caused to any person which is due to a failure by you to adequately supervise a child in your party.
23. TRAVEL INSURANCE:
24. ARBITRATION AGREEMENT:
25. APPLICABLE LAW AND FORUM:
26. ADDITIONAL TERMS:
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OLGATUNI CAMP LTD
Near Olkiambo Airstrip,
Masai Mara National Reserve,
Narok County, Kenya