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Terms and Conditions

  1. These terms

    1. What these terms cover. These are the terms and conditions which govern your booking with us.

    2. Why you should read them. Please read these terms carefully before you make a booking with us. These terms tell you who we are, how we will provide travel services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

  1. Information about us and how to contact us

    1. Who we are. We are Journey Home Limited trading as Secret Safari, a company registered in Kenya. Our company registration number is PVT-Q7U7QQXG and our registered office is Langata Link Complex, Langata South Road, Karen, Nairobi.

    2. How to contact us. You can contact us by telephoning our team at +254115202044 or by writing to us at [email protected]

    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.

    4. “Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

  1. “Club Rules”

    Secret Safari is an exclusive travel club for Kenyan residents, offering a closed platform where luxury travel can be booked at resident rates online or via our expert team. 

    As much as we hate to have ‘rules’, there are a few that we need in place in order to make the club a fair and fun place for our members, suppliers and staff:

    1. Everyone that books with us must be a member. We welcome enquiries pre-membership, but if you go on to confirm we will need to ask you to join online or we can join you up if you provide us with a copy of your proof of residency. You will not be able to access our portfolio of properties online without having first joined, so we recommend joining initially for the best end-to-end experience.

    2. “Resident” means anyone that has the residency in and/or is a citizen of Kenya and can prove this by way of a Kenyan passport, work permit, etc.

    3. As the member booking, you must travel. You cannot make bookings on behalf of someone else, however if you are arranging something as a surprise for a special occasion, please speak to us and we will do our best to help.

    4. You must not share resident rates publically online anywhere or discuss what you have paid when on your trip with us. The resident rate system is a unique one in Africa that allows domestic travel at vastly reduced rates versus what international guests pay. Our partner properties value greatly the discretion that we and our members show. 

    5. We welcome enquiries ‘offline’ (i.e. via phone, email, whatsapp or our website form) from groups that are a mix of resident and non-resident travellers. Please email [email protected] with a breakdown of your party so that we can provide you with the most competitive quote possible.

    6. When you book online with us you certify that everyone travelling is a resident of Kenya and that you can prove this. The property reserves the right to verify this on arrival and to charge the full international rates to any non-resident guests.

    7. In some instances, proof of residency for all travellers may be required at booking stage. We will let you know if this is the case. 

    8. If you are booking a bush or safari property, there will almost always be daily conservation or National Park or reserve fees to pay. These fees are not included in the prices shown online although they may be for any bespoke quotations offline - please always check inclusions and exclusions. If payment of fees is to a government body (e.g. KWS) as is the case for all National Parks and Reserves, you will need to settle this locally or online in advance and is beyond the control of Secret Safari. If you are travelling to a private conservancy, then we will collect these from you separately from your online booking payment. As we have to inwardly pay our property owners, inclusive of private conservancy fees, we may need to come to you very soon after your booking confirmation to collect 

    9. We cannot book children into their own room online. Each property has their own individual policies when it comes to children staying in their own room. If you would like your child to have his or her own room, then please contact us for a bespoke quotation.

 

  1. Your booking

    1. Your agreement when making a booking. When you make a booking with us, the first named person on the booking (the Member) agrees on behalf of all persons named on the booking that they:

      1. have read these terms and have the authority to and do agree to be bound by them;

      2. consent to our use of personal data in accordance with our Privacy Policy and are authorised 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);

      3. are over 18 years of age and where placing an order for services with age restrictions declare that they and all members of the party are of the appropriate age to purchase those services; and

      4. accept financial responsibility for payment of the booking on behalf of all persons named on the booking.

    2. How to make a booking. You can initiate a booking by telephoning us, sending an enquiry online on/via our website, through whatsapp by email or directly online.

    3. Using our online booking facility. You can also make a booking by using our online booking facility if all travellers are Kenyan residents (see Club Rules above).

    4. You must ensure that your chosen property is right for you. It is your responsibility to ensure that you have carefully read the property and local area description and that you have selected the most appropriate property for your requirements. If you, or any of your group, have any specific requirements or requests you must contact us before making your booking.

    5. You must tell us who is in your party. Prior to departure, it is essential that you provide us with the details of all persons in your party. This can be done at the point of booking (online or offline) or via email. 

 

  1. Your contract with the property

    1. How we will accept your booking. Our acceptance of your booking will take place when we send you a confirmation invoice that will confirm the details of your booking, at which point a contract will come into existence between you and the property and you will be bound by the property’s terms and conditions. The confirmation invoice will be sent to the e-mail address that you used to register your membership.

    2. Your responsibility to check your documents. It is your responsibility to check the confirmation invoice, and any other documents we send you carefully as soon as you receive them. Contact us immediately if any information which appears on the confirmation invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. Please ensure that the names on the confirmation invoice exactly match the names as spelt in your passport (including all middle names).

    3. If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and will not charge you. If you have already made payment, we will refund this to you. This might be because your chosen property no longer available, or because we have identified an error in the price or description of the property. I the event of a pricing error, whilst we will do our best to honour any booking made, we reserve the right to cancel and offer a refund.

    4. Your booking reference. We will assign a reference number to your booking and tell you what it is when we confirm your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.

 

  1. Price of and payment for your chosen arrangements

    1. Where to find the price of your chosen arrangements. Prices on our website are quoted in KES and this is the only currency that we are able to accept online as it currently stands. You may confirm and pay for your in US Dollars by contacting us for a bespoke quotation. All payments (deposit and balance) will be subject to the same exchange rate variation between the moment the deposit is paid and the moment the balance is due. All payments (deposit and balance) must be paid in the same currency as that confirmed at the time of booking. We take all reasonable care to ensure that the price of the arrangements advised to you is correct, however please see clause 5.3 for what happens if we discover an error in the price of your booking.

    2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the properties  that we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the correct price of the property at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the correct price of the property at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is in place, including online bookings, we may cancel the booking and refund you any sums you have paid.

    3. Will the price change after you have booked? Once the price of your chosen property (based on your group composition) or  has been confirmed at the time of booking, it is guaranteed and will not be increased (unless there has been a pricing error) or you decide to make any changes to your booking, including by adding people to your booking.

    4. Occupancy of your property and adding to your party. The maximum occupancy of all of our properties (which includes adults and children) is clearly stated on the webpage for each property. Several of our properties have prices for reduced occupancy depending on the time that you wish to travel. The price that you pay will be calculated based on your group size and travel dates at the time of confirmation. 

    5. How you can make payments to us. We accept and encourage payments by bank transfer. We also accept payment via debit card, credit card and Mpesa.

    6. Deposits. In order to make a booking with us, you must pay a deposit at the time of booking, usually between 30 and 50%. For some properties, a higher deposit will be payable or it may be necessary to make full payment at the time of booking. We will inform you before you make a booking whether a deposit (and, if so, the value of the deposit) or full payment is required. If you have paid a deposit, the balance of the cost of your property is payable not less than 60 days before the start of your booking, unless you are informed otherwise at the time of booking. If you fail to pay the balance by the due date, we are entitled to assume that you wish to cancel your booking and we shall retain the deposit paid as the applicable cancellation charge.

 

  1. Your rights to make changes to your confirmed booking

    1. How to request a change. If, after we have issued you with a confirmation invoice, you wish to make any changes to your booking (excluding a change of property - see clause 6.6 for details on that point), you must notify us in writing as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the property or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change (such as an increased price) are unacceptable to you, you may want to cancel your booking in accordance with our cancellation terms. Whilst we will always do our best to facilitate any change, we cannot guarantee that this will be possible or without a fee. We advise members to discuss any potential changes with us as early as possible.

    2. Our amendment fee. Where your requested change can be met, you must pay all costs and charges incurred or imposed by any of our suppliers - we will advise you of there - together with an amendment fee of KES 1,500 per adult travelling.

    3. Changing your party size. Changes to your party size can be made as follows:

      Reducing your party size. Reductions to the size of your party can be made at any time prior to departure. You will incur cancellation charges for the guests no longer travelling.

      Increasing your party size. If you wish to increase your party size above the maximum occupancy of your booking, this will only be possible if the property you have chosen can accommodate the additional person(s). Where this is possible, a supplement will be due. This will either be in addition to the booking cost for the full property as agreed with the owner or in the form of a payment to increase your occupancy of the property, where the original booking was based on a reduced occupancy rate.

    4. If you wish to transfer your booking. If you wish to transfer your booking to someone else, the transfer must be to a person or persons who agree to be bound by these terms and conditions and who meet any requirements of the original booking in question. They must be a qualifying Secret Safari member, and anyone travelling with them must be Kenyan residents. If the property you are booking has age restrictions, these must be upheld by the transferee. If in our reasonable opinion, the property is not suitable for the person or persons to whom you wish to transfer the booking, we reserve the right to refuse to make the transfer. If these transfer conditions are not met, your booking will be treated as cancelled by you and you will have to pay our cancellation charges.

    5. Changing the date of your booking. If you want to change the date of your booking to a date in the same calendar year, at the same property, please let us know. We will inform you whether the alternative date is available and (if it is) the charges that will need to be paid by you, in order to make the change. Any date change requests must be submitted at least 60 days before departure, otherwise, cancellation charges may apply. Please note:

      • If you are moving your booking to a week in a lower price bracket than your original booking, the price of your original booking will still apply. 

      • If you are moving your booking to a week in a higher price bracket than your original booking, the higher price bracket, as applicable at the time of the move, will apply. The additional charges payable as a result will be communicated to you and will need to be paid in order to make the change.

      • Should you decide to change the date of your booking to a date in the following calendar year (or beyond), this will be treated as a cancellation of the original booking and a new booking will need to be made. Cancellation charges will apply to the original booking.

    6. Changing the property you have booked. If you want to change the property you have booked, this will be treated as a cancellation of your original booking and a new booking will be created. Cancellation charges will apply to the first booking.

 

  1. If you wish to cancel your confirmed booking

    1. Your right to cancel your booking. You may cancel your confirmed booking at any time prior to arrival. Should you wish to do so, the Lead Booker must contact us in writing. Your notice of cancellation will only be effective when it is received by us. Cancellation charges will apply as set out in these terms unless you are otherwise advised at the time of booking.

    2. How we calculate our cancellation charges. In calculating the cancellation charges at clause 8.3, we have taken account of expected cost savings and the generation of income from alternative deployment of the property, to the extent this is likely to be achievable for your booking. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total invoice cost, excluding any amendment charges which are non-refundable.

    3. Cancellation charges.

      Period before departure within which we
      receive written notification of cancellation

      Cancellation charge (as a % of total invoice)

      More than 60 days

      Deposit paid

      0-59 days

      100%

    4. No cooling off period. Please note that you do not have a legal right to change your mind and cancel your booking within a given period of time and receive a refund.

    5. How we will refund you (if any refund is due to you when you cancel). We will refund you the price you paid for your chosen arrangements, less the applicable cancellation charge, by the method you used for payment.

    6. You should take out insurance. You are required to take out comprehensive insurance prior to or at the time of booking. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned and we can supply a cancellation invoice upon request.

 

  1. Our rights to make changes to or cancel your confirmed booking

    1. If you do not pay your balance. We have the right to terminate your booking, and retain your deposit, if you fail to pay the balance of the cost of your booking on time.

    2. If you do not provide us with full details of your party. We reserve the right to terminate your booking if we or the owner/manager discover that the number of persons (adults, children and infants) staying at the property exceeds the number stated on your confirmation invoice and you have not obtained our prior written permission for this increase and paid any extra associated costs. In this situation, no refunds will be made and we will have no further responsibility to you.

    3. If we are forced to make a significant change to or cancel your booking due to Events Beyond Our Control. If we have to significantly change or cancel your booking due to Events Beyond Our Control (see clause 13), we regret to inform you that we will be unable to pay you any compensation or meet any costs or expenses you incur as a result. You will, however, be entitled to receive a refund of the monies you have paid us, less any costs that we have incurred in relation to your booking that we are not otherwise able to recover. You are required to purchase insurance which provides cover for your costs where we have to cancel your booking in these circumstances.

    4. If we make a significant change to or cancel your booking for any reason within our control. Where we are required to significantly change or cancel your booking for any reason which is within our reasonable control and where we cannot provide you with a suitable alternative, a full refund of all monies paid will be made to you. However, we will have no further liability to you and we cannot meet any expenses or losses that you may incur as a result of any such change or cancellation.

 

  1. Your responsibilities

    1. Travel insurance. You must purchase adequate travel insurance. It is your responsibility to ensure that you purchase travel insurance that is suitable and adequate for your particular needs, ensuring it covers all the activities you plan to undertake and protects you against cancellation, medical and repatriation expenses and personal liability claims. If you wish to arrange additional activities while you are away, please check your cover before doing so. Please read your policy details carefully and take them with you. If you choose to travel without adequate insurance cover, we will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.

    2. Familiarisation. Where you have made a booking of a property, you are required to make yourself familiar with (and comply with any rules or restrictions set out in) your chosen property. 

    3. Travel advice. We recommend you consult the relevant travel advice from your country of residence before booking in order to make an informed decision about your chosen destination, and again before departure.

    4. Behaviour. You are expected to conduct yourself in an orderly and acceptable manner. If in our opinion, the opinion of the owner of the property you are staying in, the opinion of the property staff, the opinion of any of our suppliers or the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance or damage to property, we and our suppliers reserve the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to our supplier prior to departure or to us if the damage or loss is identified following your departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

    5. Commercial filming / photography. Commercial and/or editorial filming/photography is not permitted at our properties unless prior written permission has been granted. In certain cases, specific conditions may apply.

    6. Event hosting. The hosting of events (whether commercial such as retreats, executive training, or non-commercial such as weddings, anniversary parties, etc.) is not permitted at any of our properties, unless you have sought and obtained prior written permission to do so (and made payment of any applicable charges or surcharges arising as a result of your request). In certain cases, further specific conditions may apply, which you will be required to adhere to; we will advise you of any such conditions before confirming that your request can be granted. 

    7. Security of the property. Whilst all of our properties are insured, it is your responsibility to ensure that the property is adequately secured at all times. This could include any time that leave your room or tent to spend time in the garden or pool area and when retiring for the night if in a private home. Securing the property may include, as relevant: locking doors; closing and securing windows and shutters; securing valuables in a safe and setting security systems. If you fail to follow these reasonable steps you will be liable for any damage that is caused to the property and/or for any loss of your or the property's items that occurs as a result; your personal liability insurance may also be invalidated or affected, as a result. 

    8. Passports & Visas. It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change, and you must check the up to date position in good time before departure. We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

 

  1. If there is a problem during our stay.

    1. How to tell us if you have a problem during your stay. If you have a complaint about your property, you must tell the property Manager straight away. He or she will take all reasonable steps to help you. It is only if you do this that we will have the opportunity to put matters right whilst your booking is underway. Failing this, you may call the out of hours phone number provided in your pre-arrival documents.

    2. If you are still unhappy after your stay. If you have a complaint or claim that you wish to pursue, please contact your Luxury Travel Specialist within 28 days of your return. Your complaint or claim will be investigated, and a full reply sent to you as soon as possible. As our investigations often involve obtaining information from overseas, it may take a few weeks.

 

  1. Our responsibilities to you

    1. Our duty to use reasonable skill and care. We have a duty to select our property and  providers with reasonable skill and care. We have no liability to you for the actual provision of the property, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the property provider with reasonable care and skill, we will have no liability to you for anything that happens at the property or any acts or omissions of the property provider or others.

    2. Our responsibility for your acts or acts of third parties. Furthermore, we will not be responsible for any injury, illness, death, loss (including loss of possessions or enjoyment), damage, expense, cost or other sum or claim of any nature whatsoever which results from:

      1. the act(s) and/or omission(s) of the person(s) affected; or

      2. the act(s) and/or omission(s) of a third party not connected with the provision of your property and which were unforeseeable or unavoidable;

    3. We do not have responsibility for anything we have not agreed to provide. We cannot accept responsibility for any services that do not form part of our contract. This includes, for example, any additional services or facilities that the property provider, or any other supplier agrees to provide for you where the services or facilities are not advertised on our website (or otherwise by us) as forming part of your booking and we have not agreed to arrange them as part of our contract, and any excursion/activities you purchase while away.

    4. Our responsibility for losses that are unforeseeable. We cannot accept any liability for any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not reasonably have foreseen you would suffer or incur if we breached our contract with you, or which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any expenses or losses that relate to or arise from any business (including without limitation, self-employed loss of earnings), or any indirect or consequential loss of any kind.

    5. Limits to our liability. We limit the amount of compensation we may have to pay you if we are found liable to you to amount that we, in turn, can reclaim from our suppliers.

    6. Covid-19 limitation of liability. We accept our respective obligations to comply with any official COVID-19 (or other pandemic) guidance from governments or local authorities. However, please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you due to COVID-19 or other pandemic outbreak.

 

  1. Events beyond our control

    1. What are Events Beyond Our Control? In these terms, “Events Beyond Our Control” means a situation which is beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics (including but not limited to the ongoing impact of the COVID-19 pandemic), fire, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, a government advisory against travel to a particular destination and any other government restrictions on travel.

    2. Responsibility for Events Beyond Our Control. Except where otherwise stated in these terms, we have no liability including for compensation, costs and expenses where the performance of our obligations under this contract is prevented or affected by, or you otherwise suffer any damage, expense or loss as a result of Events Beyond Our Control.

    3. Covid-19: You acknowledge that the property providers will need to comply with national and/or local guidance and requirements relating to Covid-19 and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of your stay and all measures will be taken with the purpose of securing your safety and those around you.

 

  1. Safety standards

    1. Whilst our properties and third party suppliers are all professionally run,  we, the property owners and third party suppliers have no liability for any death or personal injury arising from any elements of any booking made with us.

 

  1. Your health and safety

    1. Swimming pools and Jacuzzis by their very nature carry their own inherent risks. You must ensure that you and all members of your party take great care when using or being near any swimming pool(s) at the property where you are staying. You should for example make sure you and all members of your party are aware of the depth(s) (including the location of any change of depth) and layout of the pool (including infinity edges) by physically checking it prior to use. Please note, depth markings are not always accurate. All persons should walk rather than run around or near the pool. You must ensure that no-one dives into the pool at any time or enters it while under the influence of alcohol. You must check the pool every day before use and report any apparent defects. Many pools are not fenced. If you require a fenced pool, you must inform us of that requirement before you make your booking to allow us to locate one for you. Whether fenced or not, children must be supervised at all times by a responsible adult. We and the property owner have no liability for any death or personal injury arising from use of or connected with the swimming pool.

    2. Wild animals and rugged landscapes. Some properties are situated within, or surrounded by, areas of public or private land which are inhabited by wild animals, some of which may be potentially dangerous. We and the property owner have no liability for any death or personal injury arising from wildlife or rugged terrain.

    3. Grounds. Many of our properties are located in large, often unfenced, grounds and as such your party must take great care when exploring these. The grounds may contain drops and/or uneven grounds that carry their own inherent risks and therefore children would need to be supervised. We and the property owner have no liability for any death or personal injury arising from the use of or connected with the property’s grounds or surroundings.

    4. Terraces. Many of our properties also have balconies and/or terraces many of which are accessed up steep, narrow, unrailed or uneven staircases and may feature drops and other risks. These may not be suitable for people with limited mobility. Please take extra care when using these and ensure that children are never left unsupervised and must not be allowed to climb on any railings or walls. We and the property owner have no liability for any death or personal injury arising from the use of or connected with the terrace(s).

 

  1. Special requests, medical conditions, disabilities and reduced mobility

    1. You must notify us of special requests. If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant property owner or manager, we regret we cannot guarantee any request unless it has been specifically confirmed in writing. Failure to meet any special request will not otherwise be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the property owner/manager or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

    2. Babysitting. We have a policy of not recommending or endorsing childcare or babysitting providers as we do not believe we are in a position to do so. We do understand that many of our clients require these services when booking a property. However, in view of the safety, security and suitability concerns which all parents have when sourcing childcare or babysitting providers, clients need themselves to be comfortable with and to carry out their own checks on such providers. Please bear in mind that the majority of these providers will not have any official childcare qualifications. Any babysitting or childcare arrangements which you may make with the local staff at your property are entirely at your discretion. We do not vet or check local staff for suitability for providing childcare and we cannot accept any responsibility or liability for such arrangements.

    3. Medical conditions. If you, or any of your party, have any medical condition, disability or reduced mobility which may affect any aspect of your property booking (or the booking process), you must inform us before you confirm your booking so that we can advise you as to the suitability of your chosen property and otherwise assist with the booking process. In any event, you must give us full details in writing at the time of booking or, if the condition, disability or reduced mobility only develops or deteriorates after you have booked, as soon as you become aware of it.

    4. If you require medical assistance during the course of your booking. We are not medical experts. Should you require medical attention during your holiday, local medical services can be contacted for emergency treatment. The acceptance and cost of such treatment are your sole responsibility. Our properties’ local staff may be on hand to offer assistance and translation if required, but we are not liable for any aspect of medical treatment provided to you while on holiday.

 

  1. Wildlife, Pets and the surrounding area

    1. Wildlife.  Some properties are situated within, or surrounded by, areas of public or private land which are inhabited by wild animals, some of which may be potentially dangerous. We and the property owner have no liability for any death or personal injury arising from wildlife or rugged terrain.

    2. Your pets. Each property has their own policies when it comes to bringing your pets. Usually it is only private homes or exclusive use properties that will consider accepting pets, and almost all properties in national parks, reserves or private conservancies explicitly will not. Please enquire at the time of booking if you would like to take your pet with you. If you do, it is on the understanding that you take complete responsibility for your pet during your stay. You are responsible for any damage it may cause, and we and the property owners are not responsible for anything that may befall your pet, especially with wild animals and rugged landscapes in mind.

    3. Property pets and allergies. Many of our properties have pets on site, either their own or adopted or, in some cases, wild animals that have become friendly with property staff and are regular visitors. If you have any allergies to or concern about potential contact with animals, please let us know at the time of booking. whilst we cannot guarantee animals will not be or have not been present, we can recommend properties where the possibility is lessened (for example where we know owners have not kept animals).

    4. Noise. We ask that you are respectful of the local situation including any neighbours and do not make undue noise or cause disruptions which might disturb other people or wildlife during your stay. Neither we nor the property owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the owner's control.

    5. The surrounding area. Neither we nor the property owner can be held responsible for any changes to the area surrounding your chosen property, nor for the behaviour of any persons who are not employed or contracted directly by us or the property owner, which may impact the area surrounding the property. This may include (but is not limited to) changes to the local area arising due to natural causes (such as fire, storms, diseases affecting plants and trees, etc.) or due to the acts of third parties (such as litter, the cutting down of plants and trees, building work, etc.).

 

  1. Marketing collateral and website accuracy

    1. Photographs. Please note, the photographs in our marketing collateral/on our website are intended to give a general overall impression of the standard of the properties we feature. Some aspects of the property may have changed by the time you come to make your booking, for example, items of furniture may have been removed by the owner or the layout of gardens may have been changed. In particular, we may not have photographs of every room type available, and there can be large variance in rooms of the same type. We cannot accept any liability if this situation should arise.

    2. Our advertising material. The marketing collateral and website are our sole responsibility. They are not issued on behalf of and do not commit any independent organisation/carriers whose services are featured in them.

    3. Beaches featured in our photographs. Some of the photos on our website and in our marketing collateral show beaches that are near to or accessible from our properties. Beaches are subject to significant climatic and natural events, including erosion and storms, which may be strong enough to completely wash away the sand from a beach, replacing it with pebbles or rocks or covering it with seaweed. We cannot, therefore, guarantee that the beaches represented on our website and in our marketing collateral will be the same as when they were photographed. We will, where possible, inform you of any significant changes but we cannot be held in any way responsible for such phenomena.

 

  1. How we may use your personal information

    1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy

 

  1. Other important terms

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    2. Conditions of our suppliers. Property owners and other suppliers may have their own terms and conditions. Where this is the case, these may limit or exclude the property owners/supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the property owner/supplier concerned.

    3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

    4. If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    5. Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.

    6. Which laws apply to these terms and conditions. These terms and conditions are written in accordance with Kenyan Law.