Terms & Conditions

USAGE OF THE WEBSITE

olgatuni.demo-server.org

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Olgatuni (Pty) Ltd (“Olgatuni”) website located at the domain olgatuni.demo-server.org (“the Website”), which for the purposes of this agreement will include all of the information and content contained therein.

By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this agreement.

Applicable Law:

The Website is created, maintained and controlled in Kenya and as such, the laws of the Republic of Kenya and the jurisdiction of the Narok High Court govern this agreement and the use or inability to use the Website. If the User accesses the Website from locations outside of Kenya, the User is responsible for compliance with all local laws in foreign jurisdictions.

These Terms and Conditions constitute the entire agreement between Olgatuni and the User with regard to the Website and all the information and content contained therein

Change to Agreement:

Olgatuni reserves the right to make changes to the Website and the Terms and Conditions at any time without notice.

Cookies:

The Website utilizes first and third party cookies. This enables Olgatuni to improve the User’s experience in the contract through various means such as storing preferences or determining usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics, including Google Analytics’s User ID Web Tracking feature.

Olgatuni.com has implemented Google Analytics Demographics and Interest Reporting, one of the Google Analytics Advertising Features, though it does not sell advertising.

Users and visitors can opt-out by downloading and installing the Google Analytics Opt-out Browser Add-on should they choose to do so.

Copyright & Intellectual Property Rights:

The Website, which for the avoidance of any doubt includes all information and content therein (including text, graphics, logos, and icons), is the intellectual property of Olgatuni, and as such is protected by Kenyan and International Intellectual Property Law. All rights in and to the Website are reserved and retained by Olgatuni.

Content that is uploaded with a person’s name in the filename remains the property of that person mentioned, and Olgatuni expresses its extreme gratitude for the generosity of its broader family and trade partners in that regard.

Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Website.

Olgatuni grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content for personal, non-commercial and information purposes only.

This Website may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial or non-private purpose without the express prior written consent of Olgatuni.

Disclaimer:

Although Olgatuni endeavours to provide accurate, up-to-date and truthful information in the contract, neither Olgatuni nor any holding company, affiliate, subsidiary or employee of Olgatuni makes any representations or gives any warranties, whether expressly, tacitly or implied, as to the operation of the Website, the information, content, materials and products included and available from this Website, or the availability, accuracy or completeness of the information contained therein.

Neither Olgatuni nor any holding company, affiliate, subsidiary or employee of Olgatuni shall be liable for any damage of whatsoever nature arising or resulting from the use of, or the inability to access or use, the Website or the information contained therein, including but not limited to direct, indirect, consequential or any other damage of any kind, even if Olgatuni is expressly advised thereof.

Where the Website contains information provided by third parties and links to other websites. Olgatuni does not accept any liability for defamatory, illegal or criminal content contained on those websites.

Ownership:

The Website is owned by 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

Physical address:
Odhiambo Oronga & Co. Advocates,
View Park Towers, 10th floor,
P.o. box 10762-00100,
Nairobi, Kenya

Email address:
info@olgatuni.com
Telephone: +254-

Privacy Policy:

Olgatuni will maintain all personal information that is supplied through the Website in its strictest confidence, and no information will be sold or made known to third parties unless obliged to do so by law.

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.

1.2 The contract between you and us will come into existence once we issue written confirmation of your booking. The contract will consist of these Booking Conditions together with any quotation and/or any information about the stay or flight information we may provide you with on our website, via your agent or tour operator or otherwise, your booking confirmation, any applicable international conventions or conditions of carriage of applicable carriers, our Privacy Policy and any other written information we brought to your attention before we confirmed your booking.

2. ACCEPTANCE OF THESE TERMS:

2.1 PLEASE NOTE: By making a booking, the lead passenger confirms that:

he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

he/she consents to our use of personal data in accordance with our Privacy Policy and is authorized on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

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:

Your booking can include one or more of the following, as mentioned in the contract (“the contract”) sent to you by your agent, tour operator or Olgatuni staff directly when you book with us.

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. EXCLUSIONS:

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.

6. SPECIAL REQUESTS:

Specific requests should be advised at time of booking. Please note that every effort will be made to secure special requests, however; they cannot be guaranteed.

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.

8. PHOTOGRAPHY:

The use of drones for photography, or any other purpose, is forbidden during your stay. Please connect with our staff prior to arrival if you plan to bring drones.

9. DESCRIPTIONS AND IMAGERY:

All photographs, imagery and descriptions used by us online and within promotional documentation have been included with the intention of presenting a true and accurate reflection of your holiday destination and the camp. However, due to circumstances beyond our control, it is foreseeable that some documentation will change in appearance throughout the year and so may appear to have varied at the time of your stay eg. due to adverse weather. We may also make changes to our facilities. We will of course make every attempt to notify you in advance of your stay as to whether such instances have had any effect on the accommodation or its surroundings, however cannot be held liable in this regard.

10. SURVEILLANCE AND SECURITY:

Please note that in some camp surveillance cameras and security equipment may be installed inside and/or outside the camp, which may have the capability to remotely monitor or record images and/or sound. If you have any concerns or issues with this, you must inform our team before your stay.

11. ACTIVITIES:

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. PAYMENT:

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:

Please ensure that you consult your personal physician about anti-malaria precautions and other inoculations and vaccinations before travel. Where applicable, please ensure that whilst traveling you carry a valid Yellow Fever certificate. Our staff will be happy to answer your questions about regulatory guidelines.

18. TRAVEL ADVISORIES/WARNINGS:

It is your responsibility to monitor the most current travel advisories and warnings by referring to your relevant government agency. In the event of an active State Department or other government agency travel warning against travel to the specific location(s) of the stay, should you still choose to travel, notwithstanding any travel advisory or warning then you assume all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

19. FITNESS TO TRAVEL:

Due to the location and nature of the services which we offer, our camp is not suitable for everyone. We will, however, do our utmost to cater for any special requirements you may have and we are infant and disabled friendly. However do not expect easy availability of medicines in our vincity as we are located in middle of a wilderness area, with the nearest village Talek being 45 minutes away. Please do carry your own medicines with you. If you or any member of your party has any medical problem or disability which may affect your stay or any of the activities, please provide us with full details before we confirm your booking. We will try to advise you as to the suitability of your chosen arrangements based upon the information you provide but it will be your responsibility to ensure you choose arrangements which are appropriate for you. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the booking. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or, if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

20. BEHAVIOUR:

All our guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. We operate a strict zero tolerance policy in respect of any behaviour amounting to harassment. If in our opinion or in the opinion of any person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other guests, any of our staff or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave the Retreat immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party will also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. You will indemnify and hold us harmless with respect to any claim made against us as a result of your breach of this clause, Full payment for any such damage or losses must be paid to the Retreat immediately upon us making you aware of the relevant amount due. If you fail to make a payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

21. PASSPORT & VISAS:

Please note that passport holders are responsible for obtaining the required documentation applicable for entry to a country. Please note also that passports must be valid for at least six (6) months after completion of your journey and should also have sufficient blank pages for visas and immigrations stamps. We cannot be held responsible should you be denied entry to a country due to non-compliance with these requirements. Should you require 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. 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:

We recommend you to take out comprehensive travel insurance at or before the time of booking. This insurance should cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability and travel document insurance. We will not be responsible for any losses arising which would otherwise have been covered by insurance. We also recommend getting a flying doctors evacuation insurance in case of any emergencies, where you are airlifted to Nairobi by a air-ambulance in case of any medical need.

24. ARBITRATION AGREEMENT:

Any claim arising out of or relating to these Booking Conditions, including to the Limits on Our Responsibility clause specifically, to the Website, to any information relating in any way to the booking, to the booking itself or to any products or services related to the booking, shall be settled in the first instance by binding arbitration in the applicable legal forum of these Booking Conditions. In lieu of a personal appearance at arbitration the arbitration may be conducted by telephonic means. Arbitration is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.

25. APPLICABLE LAW AND FORUM:

This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of the jurisdiction where the Retreat is located. It is agreed between you and us that all lawsuits against us arising under, in connection with, or incidental to the booking and the travel services shall be filed, if at all, in the courts of the jurisdiction where the Retreat is located to the exclusion of the courts of or in any other country or jurisdiction.

26. ADDITIONAL TERMS:

Please note that during check-in the camp will supply a list of Do’s and Don’ts which you are expected to comply during your stay with us for your safe and comfortable stay. Some of those may not be covered in the above clauses.

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