Management and the Property its owners, directors, shareholders, employees, agents successors and assigns shall not accept responsibility or liability for death, injury or losses to guests for any claims whatsoever, including but not limited to:
1. Responsibility for personal body injury, death, accident, lost, stolen or damaged property, loss of mental or physical enjoyment, delay or inconvenience.
2. Any delays or changes in schedule, or itineraries, incurred by any person arising out of any wilful or negligent act or omission of any carrier, hotel, airline, ground operator or another person who does not render any services or accommodations.
3. The act or omission of any party.
4. Monetary crisis, labour problems, economic changes, mechanical maintenance or construction difficulties or noise, climatic aberrations, local laws, novel or unexpected conditions, pandemics, epidemics or lockdowns.
5. Absence of travel documents, passports, visas and health certificates, where required.
6. Additional expenses due to delay or changes in air or other services, missed carrier connections, substitute accommodations or of common carrier equipment, termination of service, change in fare and rates, cancellation or double-booking reservations or traffic, tickets, sickness, strike, war, quarantine, pilferage, monetary crisis, political or social unrest, pandemic, epidemic, acts of God or any events beyond our control.
7. Damages such as (but not limited to) other vehicle rentals, pool swimming and sunbathing, falls from pool decks, wet tiles and or stairs along with any sliding glass door injuries.
8. Management provides different forms of activities and entertainment within the Property for the enjoyment of guests. This includes the provision of game drives in Management vehicles, nature walks with Management staff, Bush Breakfasts and Sundowners conducted by Management Staff as well as cultural visits to nearby villages.
9. Guests understand that they are solely responsible if they willingly decide to use or enjoy any of these activities and entertainment offered by Management, and the same is enjoyed by the Guest solely at their risk, the Guests being fully aware of the risks involved in partaking in the same. Management or the Property shall not be liable for any form of injury, sickness, loss or death occurring.
10. Management or the Property shall not be liable for any damages, losses or other amounts that you have agreed, settled or compromised without the prior written consent of Management or the Property, or which you are otherwise contractually bound to pay to any other person or entity.
11. Management or the Property will not be liable or responsible to you for any direct or indirect damages or losses of any nature whatsoever, including those arising from any personal injury or death or loss of or damage to any Property unless caused by the Property’s willful, reckless or gross misconduct (irrespective of the cause of such injury, death, loss or damage).
12. You hereby indemnify, hold harmless and expressly exempt and release Management or the Property from any and all liabilities and claims arising from any cause whatsoever, including those related (whether directly or indirectly) to you, and your dependents.
13. You hereby waive and abandon any and all liabilities and claims of any nature whatsoever, howsoever arising, which you might have against Management or the Property, and Release Management and or the Property against any and all liability and claims that may arise or accrue to you.
14. You confirm and agree that Management and or the Property shall be under no liability to you for any claim which may arise in respect of or in connection with your stay at the Property or partaking in the Activities and you hereby renounce for yourself, members of your group and your dependants all claims against Management and or the Property for compensation for injury, damage or loss, whether sustained on a vehicle, embarking or disembarking from a vehicle or in a game reserve, camp or Property or elsewhere or as a result of delays or otherwise, caused directly or indirectly to you or your belongings, members of your group and your dependants or to persons who, except for these conditions, might have been entitled to make a claim howsoever arising and whether caused or occasioned by any grossly negligent act or omission or default by the Management and or the Property.
15. You confirm and agree that the carriage, handling or keeping of any baggage and /or other goods of yours will be at your sole risk and Management and or the Property shall not be liable for any loss or damage of whatsoever nature and howsoever caused.
16. You confirm and agree that whilst Management and or the Property will endeavour to ensure that all anticipated transport, Activities and other such services are available as planned, there shall be no claim of any nature whatsoever against Management and or the Property for a refund, either in whole or in part or of any other claim of any nature whatsoever including consequential damages as a consequence of any transport, accommodation or other facility attached to your stay not being available including as a result of any Force Majeure incident.
17. Therefore, each guest agrees that you are voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assume all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property.
For the execution, interpretation and enforcement of this agreement, the parties expressly submit to the laws in effect and to the courts of Kenya, hereby waiving any other jurisdiction that may now or hereafter be applicable by reason of their present or future domiciles.

APPLICABLE LAW

The laws of Kenya govern the contract and these terms and conditions. The courts of Kenya shall have exclusive jurisdiction over any dispute in connection with such terms and conditions or use of the website.

FORCE MAJEURE

Management is not responsible for any unforeseeable external influence, being an event of Force Majeure that may affect the guest’s stay during their time.
1. For the purpose of this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Management, but only if and to the extent that
(i) such circumstance, despite the exercise of reasonable diligence and the observance of good practice, cannot be, or be caused to be, prevented, avoided or removed by Management, and
(ii) such circumstance materially and adversely affects the ability of Management to perform its obligations and Management has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on its ability to perform its obligations and to mitigate the consequences thereof.
Subject to the provisions of this clause Events of Force Majeure shall include, but not be limited to:
The following Natural Force Majeure Events:
1. Fire, chemical contamination or ionising radiation, earthquakes, lightning, strong winds, inclement weather, floods, droughts or such other extreme weather or environmental conditions, unanticipated geological or ground conditions including smells or sounds within the surrounding areas, pandemics, epidemics, famine, plague or other natural calamities and acts of God.
2. explosion, accident, breakage of a plant or equipment, structural collapse, or chemical contamination, caused by a person not being the affected Party or one of its contractors or subcontractors or any of their respective employees or agents.
3. acts of war (whether declared or undeclared), invasion, acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, political violence, lock-down or curfew, civil commotion and sabotage.
4. strikes, lockouts, work stoppage and or labour disputes, or other industrial action by workers.
5. an act of God, Terrorism, Civil Strife, Political instability, Industrial action, adverse weather, flooding, road access, terrorism, Government or other Local Authority regulations, pandemic, epidemic or lock-down/cessation of movement
6. Management shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Force Majeure Event.
Management cannot accept responsibility for the above and any unforeseen circumstances beyond our control. CANCELLATION It is understood that once you check into the property, if you wish to leave early, no refund will be given for the remainder of your stay.

ACTIVITIES SWIMMING & KIDS PROGRAM WAIVER

1. Swimming pools can be extremely dangerous for unsupervised children and teenagers, as well as adults swimming alone. Swimming pool accidents can happen to anyone, regardless of swimming ability or age. Please be informed that there is no safety fence/gate surrounding the swimming pool, and there is no lifeguard on duty. Therefore you should never leave a child or teenager unattended. All children and teenagers, regardless of swimming ability, should be constantly supervised by an adult that can swim and is able to jump into the pool to assist a child in danger of drowning.
2. Management shall be completely held harmless against any and all liability, loss of life and/or property, damage or expense, including, without limitation, all costs associated thereof, resulting from any and all swimming pool accidents or incidents occurring at the Property.
3. You hereby agree that the use of the services, facilities, and swimming pool, is at your and your child’s risk. As a condition of You and your child’s use of such Activities You on behalf of yourself, your heirs and assigns and your child expressly agree to forever discharge, waive and release the Property, Management from any and all claims, demands, injuries, damages, actions, or courses of action, and from all acts of negligence on the part of the Property or management that you or your child (if applicable) may have or acquire against the Property or management on account of bodily injury, mental injury and/or property damage from, any mishap, accident, loss, damage or injury suffered by You or your child or others resulting from, connected with or caused by the partaking in any Activities within the Property or any Activities whether located on or off the.
4. You declare and affirm that you and or your child are in the good medical and physical condition and that the use of the Property’s facilities or partaking in any of the Activities does not pose any danger to you or your child’s health.
5. You agree that you and your child will abide by all the rules and regulations of the Property, which may be posted at the Property or issued orally and/or published. These rules may be amended at the Property’s discretion.
You agree that you and your child will not engage in behaviour injurious to the enjoyment of the Property by other Guests.

DISCLAIMERS:

1. Guest/s attend this establishment at their own risk.
2. The Property and or Management shall not be liable for and the guest/s hereby waive/s and abandon/s any claims of whatever nature including but not limited to that for theft, injury, loss or damage of whatever The Guest/s, in addition to the aforesaid, hereby indemnify the Proprietor against any claims which may arise from whatever nature thereof.
3. You understand and appreciate fully the fact that there are risks, hazards and dangers involved or may be encountered during your stay in the Property or partaking in the Activities more particularly:

The real hazards and risks associated with wildlife areas, game and nature reserves and properties (which may be situated in unfenced wildlife areas);

The hazards and risks associated with rivers, streams, lakes and other bodies of water that may be affected by unpredictable weather, tides and other circumstances, and that may not have effective warning or control systems that might be expected in first-world jurisdictions;

The real dangers and risks associated with various forms of travel in remote locations, which usually have poorly maintained infrastructure and the hazards associated with game drives in bad terrain, unmarked and unpaved roads, crossing through thick bush and uneven terrain, river crossings and other means used to traverse the terrain in order to partake in game drives and wild animal viewing;

The danger and risk of suffering bodily harm, injury, illness, death, damages as well as loss of or damage to property, which may arise as a result of an encounter with or presence of wild, dangerous or unpredictable animals (including birds, mammals, amphibians, reptiles, fish and insects), as well as the prevalence of communicable, tropical and other diseases, and similar health hazards;

The risks associated with undeveloped or partially developed countries and jurisdictions, including acts of terrorism, banditry, and other criminal acts beyond reasonable control and also the unavailability of reliable electricity, water and communications, and problems associated with limited or unavailable health, safety and security services;

Malaria in Kenya. (Malaria prophylactics must be taken in accordance with the Guests medical practitioner’s advice).

Exposure to the sun and heat – directly or indirectly – and that serious sunburn and heat exhaustion may result from unprotected exposure. (Care must be taken for adequate protection and hydration).

Exposure to Corona Virus commonly referred to as Covid 19, either through contact with infected persons or being a carrier of the virus and infecting others, accordingly precautions must be taken including but not limited to vaccination, wearing of masks, sanitization of hands and observing physical distance.

You acknowledge the potential risks and dangers and hereby voluntarily assume the risks inherent.

You acknowledge that you must notify the Property of any medical condition that might affect you during your stay at the Property.

Guests with a pre-existing medical condition acknowledge that they have consulted their physician before taking part in any activities and hereby indemnify Management and or the Property against any harm or adverse reactions suffered as a result thereof.

You and your dependents accordingly confirm that you voluntarily participate in the Activities and make use of all facilities of the Property entirely at your own risk.

You acknowledge that you are well acquainted with and fully aware of the real dangers and risks that are associated with game reserves and/or Properties within Game Reserves and or Parks / Conservancies arising from the presence of wild and dangerous animals and plants and the real risk of suffering bodily harm, injury, death and/or loss to property which may arise as result of an encounter with and/or the presence of wild animals and plants whilst on the premises of the Property.

You are fully aware that by entering the reserve, you will be participating in activities in and around the reserve, including, without limitation, in and around the Property area, which activities include, without limitation, the viewing of wildlife, either on foot or from open or closed vehicles, moving about over rough terrain, making use of ramps and stairs and other facilities including, without limitation, the swimming pool, which activities may be inherently dangerous and which activities require that you will exercise reasonable care.

You acknowledge, confirm and agree that Management or the Property will not be liable to you in respect of any damages, losses or liabilities incurred by you arising from or in connection with your stay at the Property or in partaking in the Activities. Notwithstanding anything else contained herein, management shall not be liable for punitive damages, indirect damages, consequential damages, loss of profits, third party claims or any claims imposed on you by laws or statutes within Kenya and or within jurisdictions of countries outside of the Republic of Kenya.

SEVERABILITY

Each of the indemnities, disclaimers waivers, releases and other provisions of this document, are separate and severable provisions which are individually and jointly enforceable. In the event that any one or more of the provisions of this Agreement are found to be invalid, unlawful and/or unenforceable such provisions will be severable from the remaining provisions and the remaining provisions shall continue to be valid, in full force and effect.

INSURANCE AND OTHER EXPENSES

1. Travel Insurance covering all aspects of your travel to and stay within our Properties in Kenya is mandatory including but not limited to cover for theft, damage, loss, injury and medical hospitalizations and treatment including but not limited to medical evacuation.
2. You warrant that you have comprehensive travel insurance, and medical evacuation cover and that you shall ensure that such travel insurance remains in force and is valid throughout your travels in Kenya and at your stay in the Property.
3. You acknowledge that in the event that you are injured during your visit to the Property or whilst partaking in any activities and in the event that You do not have medical insurance or medical evacuation policy in place (this is highly recommended) Management MAY at its sole discretion, without prejudice and/or admission of liability, arrange for emergency medical treatment or evacuation for and on behalf of yourself and that You will be responsible to reimburse Management in full for any such medical and related expenses.
4. You confirm that all additional expenses incurred by you and your dependants (if any) during your stay in the Property or partaking in any of the Activities will be personally paid by You before departure (unless prior written arrangements have been made with Management).
5. An invoice or receipt from a representative of the Property setting out the amount due by You and or your dependants shall constitute prima facie proof of the amount due by You to the Property for all purposes, including any proceedings instituted by the property against me.