WEBSITE TERMS AND CONDITIONS

These Terms and Conditions are applicable to all guests staying at, visiting or entering upon any of the following Properties;

Lions Bluff Lodge; Cheetah Tented Camp and Leopards Lair Cottages in Lumo Conservancy.

Please also be advised that these Terms and Conditions are also applicable to all Guests using any facilities of the Properties or partaking in any Activities associated with the Properties.

DEFINITIONS

Activities” shall mean any form of activity undertaken at the Property by You, and or any facility, activity or itinerary offered by Management of the Property and or requested for and or paid or undertaken by You including but not limited to, Accommodation, Meals and Drinks, Game Drives, Excursions, Swimming, Nature Walks, Hiking, Spa and massage services, Sundowners, Bush Breakfasts, Lunches and Dinners offered to Guests within the Property or by Management at any given time.

I” / “You” / “Your” / “Yourself”/ “Guest/s” shall mean you as the individual person visiting, staying, or entering upon the Properties including collectively all those persons travelling with you (including any children travelling with you) and staying or entering upon the Property with you as well as all your personal representatives, successors and assigns or anyone claiming thereunder.

Management” shall mean the people or parties involved in the daily operations of the Property including but not limited to the owners, directors, shareholders, managers or employees of the Property / Properties and or any holding or associated Companies therein including all successors and assigns thereof.

Property” shall mean the specific Camp / Lodge and or legal entity where You are currently visiting, staying or entering upon.

By clicking Agree you agree to be bound by the terms and conditions hereinafter appearing.

  1. PROPERTY RULE
  • Right of Admission is reserved. Each visitor enters the Property and participates in the activities conducted within the Property on a voluntary basis and at his or her own risk. Admission is subject to acceptance of the terms and conditions contained in this Agreement.
  • Safes are provided in all rooms for guests to store their valuable property. Further guests if they so choose can also deposit their property and or belongings for custody at the reception desk of the Property. You are advised not to carry large amounts of cash or valuables during your travels in Kenya.
  • Management shall accept no liability whatsoever suffered by a Guest at it’s Property for theft or loss or damage of property and or personal injury.
  • Guest/s attend this Property at your own risk.
  • 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, death, loss or damage of whatever nature, as a result of your stay in the Property or your partaking in any of the Activities. The guest/s, in addition to the aforesaid, hereby indemnifies the Property against any and claims which may arise thereof.
  • Management respectfully reminds you that any items brought onto the Property, its car parks or grounds including valuables and audio-visual equipment, are brought in at your own risk.
  • Management will not be liable for any indirect, consequential or pure economic loss or any loss of profit or goodwill.
  • Drinks from outside (especially alcoholic drinks) are not allowed on the Property.
  1. RIGHT TO REFUSE SERVICE
  2. The Property is privately owned and operated Property. Management reserves the right to refuse admission or service to anyone for any reason(s) whatsoever.
  3. Management has a zero-tolerance policy in which we will refuse to admit or refuse service or accommodation in our Properties or may remove a person, without refund, who refuses to abide by the reasonable terms, conditions, standards and policies established by the management of the Properties.
  4. Management will also refuse service or evict a guest: for refusal or failure to pay for any Activities including accommodation, is under the influence of alcohol, drugs, or any other intoxicating substance and acts in a disorderly fashion as to disturb the peace of other guests or is not in compliance with local laws; is unable to properly supervise their children at all times, seeks to use the Properties for an unlawful purpose; seeks to bring into the Properties: an unlawfully possessed firearm; or something, including an explosive or hazardous or toxic substance, that is unlawful to possess and that may be dangerous to other persons; destroys, damages, defaces, or threatens to harm the property or guests; causes or permits persons to exceed the maximum allowable occupancy of the tent and or refuses to abide by the reasonable standards or policies established by Management for the operation and management of our Properties. 

2.PARKING

  1. All vehicles are parked at the owners’ risk.
  2. Should any damage, loss or incident occur in relation to a vehicle in the car park management cannot accept any liability unless gross negligence is proved on its part.
  3. Please note that no vehicle repairs are allowed in the Parking.

 

3. ROOM DAMAGE

The Guest shall bear full substantial and legal responsibility for any negligent or intentional damage or destruction of equipment and devices of the Properties including theft of any fixtures and fittings provided by Management. Guests should inform the reception immediately after they have noticed that damage has occurred.

4. PRE-AUTHORIZATION AT CHECK-IN /GUEST REGISTRATION

We require valid contact information from the guest making the reservations including first and last name, address, phone number, and signature. We also require a photocopy of your Passport and or National Identity Card.  The names of all guests occupying the room must be registered.  Information regarding your license plate/car description must also be provided on check-in.      

5. SPECIAL REQUESTS

We will make every effort to honour special requests such as a specific tent or room number, extra beds, refrigerator/fans, etc. upon your arrival. All special requests are noted on reservations, and we will do our best to accommodate.   However, the availability of these items cannot be guaranteed in advance.

  1. SMOKING
  2. Smoking is prohibited in the Properties, unless in a designated place as is marked.
  3. Management has a zero – tolerance policy towards the use of illegal drugs within the Property. By booking a reservation on this Property, it is understood that the guest will not have or use any sort of illegal drugs within the Properties. Failure to do so may result in asking the guest to leave the Properties without any form of refund due to such actions and the same shall be reported to the police. 

6. PERSONAL SAFETY

  1. To ensure a speedy and safe evacuation in the event of fire or natural calamity, you are requested to refer to the instructions posted on the inside of your room door to acquaint yourself with the location of the “Emergency Exits” closest to your room.
  2. Meeting with guides or other persons at your room is against Management policy. For that purpose, please use the bar area or lounge or any of the public facilities of the Property.
  3. Walking through the campgrounds between 6.00pm and 7.00am please ensure you use the services of the guards provided as the Property remains unfenced and wild animals may be found within the grounds.

7. BEHAVIOR ON PROPERTY

  1. Management expects all guests to behave in a family-friendly manner. Line jumping, profanity and unruly behaviour are offensive to guests and may be cause for ejection without refund.
  2. Management has a zero tolerance policy (in which it will refuse to admit or refuse service or accommodation in the Properties or may remove a person) for Guests who: while in the Properties acts in an obviously intoxicated or disorderly manner, destroys or threatens to destroy property, or causes or threatens to cause a public disturbance; is rude, threatening or aggressive towards any guest or member of staff and or behaves in a manner that Management perceives as dangerous to others.
  3. A person who negligently or intentionally causes damage to the Properties or any furniture or furnishings within the Properties, shall be liable for damages sustained by Management, including any loss of revenue resulting from the inability to lease rooms while the damage is being repaired. Should this damage come to light after the guest has departed, the Management reserves the right to get in touch with the Tour Operator of the Authorities for further assistance. No exceptions will be made.

 

8. DRINK & FOOD FROM OUTSIDE

Management does not allow food or drink from outside unless under special circumstances or because of particular dietary requirements. ALCOHOL FROM OUTSIDE is STRICTLY prohibited and if guests are found with the same, Management reserves the right to charge the guests corkage thereon.

9. CHILD POLICY

  1. Minors shall always be under parental supervision.
  2. Adults are to monitor behaviour of their children to prevent any nuisance, breakage or damage in the Property.
  3. Under aged guests must be under the constant care and supervision of adults during the entire stay in the Properties. The legal guardians of children are responsible for the behaviour of their children, including any damage and injury they have made.

10. NOISE

  1. Management reserves the right to determine noise levels and behavior of guests.
  2. No pets of any kind are allowed on the Property
  3. Being in a Game Reserve surrounded by amazing sounds of nature it is generally understood that Guests should remain well behaved and not be loud or disruptive in any way and should be considerate to other guests in the Property any time of the day. In that regard Management has put in place 10:00 p.m. to 7 am as quiet hours within the Tents and Rooms of the Properties in general. If you become aware of a disruptive guest, please contact Front Desk staff immediately.
  4. Please note that Management DO NOT ALLOW the use of Bluetooth Speakers, mobile phones, or other devices generating LOUD MUSIC or videos within the Properties or on game drives within the reserve. Any music if listened to by the Guests should be done so through the use of earphones or earbuds. Other Guests should not be inconvenienced.

 

11. COVID -19 & ITS VARIANTS

  1. You are aware that pinpointing the exact source of COVID-19 exposure for international or domestic travelers is impossible. There is a 14-day (or longer) incubation period, and a traveler may be exposed prior to their travel or during transit. You therefore acknowledge that the risk of COVID-19 exposure cannot be reduced to zero in a travel and tourism setting.
  2. You declare that as a condition of entering/ staying in the Property You are aware of the risks associated with COVID-19 exposure and you assume all risks. You warrant that before entering the Property and or during your stay you have fulfilled all COVID-19 government directives.
  3. You acknowledge that covid-19 is a highly contagious disease and can result in serious illness, injury and death. You accept that there is an inherent risk of exposure to covid-19 anywhere people are, or have been, present. On behalf of myself and each other guest for whom I am making this booking (for whom I confirm I am authorized to act), I further agree and undertake that, save and except for where I or any such guest can prove that I have or such guest has contracted covid-19 as a result of a particular negligent act or omission of the Property I and each such guest agree to release, indemnify and hold harmless the Property its owners, agents, representatives of any form, associates, affiliates, subsidiaries, holding companies, shareholders, directors, and employees; against any claim losses, illness, injury and/or damages whatsoever , including legal fees, relating to covid-19 exposure or to any infection, transmission or health condition that may be influenced, impacted or complicated by covid-19.
  4. You hereby agreed to adhere to the following COVID-19 health and safety protocols:
  • The Guest will be subject to health screening by the Property, this may include taking temperature and other symptom assessment protocols before entry into the Property.
  • The Guest wears a face mask when in public places within the Property.
  • The Guest will socially distance and keep a 6 ft distance from other people (except people in the Clients group/party).
  • You confirm that you do not have or have not exhibited in the last fourteen (14) days flu like symptoms.
  • You confirm that you have not been in close contact with any person who has tested positive for COVID-19 in the last fourteen (14) days.
  • You confirm that you are aware of the inherent risk of COVID-19 at the Property, and you willingly assume this risk.
  • You confirm and agree that you will release, indemnify and hold harmless the Property its agents, representatives of any form, associates, affiliates, subsidiaries, holding companies, shareholders, directors, and employees; against any claim losses, illness, injury and/or damages whatsoever, relating to covid-19 exposure or to any infection, transmission or health condition that may be influenced, impacted or complicated by covid-19.
  • You confirm that you will indemnify the Property for any claims against it relating to yourself, your family or anyone in your group or party.
  • You understand that you are responsible for the declaration of your family/ group/party.
  • You confirm that the above information is accurate to the best of your knowledge, and you agree and consent that such information will be used in accordance with the Property’s Privacy Policy.

12. LIABILITY DISCLAIMER

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, itineraries, incurred by any person arising out of any willful or negligent act or omission of any carrier, hotel, airline, ground operator or other person who does not render any services or accommodations.
  3. The act or omissions 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, visa 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 releases 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 renounces 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.

13. 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.

14. 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. 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.

15. CANCELLATION

It is understood by you that it is your responsibility to provide a proper period of notice to the Property when wanting to cancel a reservation. In order to cancel without any form of penalty, you must provide the notice of any proposed cancellation as per the below periods:

[NOTE: provide the period]

Failure to do so will result in full charges being levied against you. 

16. 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, swimming pool, is at yours 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 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.

17. 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 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;
  • There may not always be protection in the form of working fences, buildings and vehicles in which to take cover in potentially dangerous circumstances and that hazards such as potentially dangerous animals, reptiles, amphibians and insects, including, but not exclusive to, elephant, lion, hyena, buffalo, rhinoceros, leopard, hippo, crocodile, antelope, warthog, bush pig, zebra, giraffe, wildebeest as well as snakes, lizards, spiders, insects, flies, mosquitoes, caterpillars and dangerous plants, which may be encountered whilst on the tour.
  • Rivers and dams may contain bilharzia and sickness may result upon entry into such waters. Swimming, bathing and washing in certain rivers and dams must be avoided.
  • 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.

18. 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.

19. 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 from the remote parts of Kenya in which game reserves and national parks are located.
  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.

20.SWIMMING POOL RULES

  1. The following Rules and Regulations are for the benefit of all our guests to ensure safe and sanitary operation of the pool facility at the Property.
  2. Please kindly keep all your valuables safely, either in your room safe or with the front desk. Management will not be liable for any loss or damage to your valuables.
  3. Please shower before entering the swimming pool.
  4. Guests with Henna Body Art, or Open Wounds, kindly refrain from using the swimming pool.
  5. Only appropriate swimwear is permitted. No Nude swimming, see through swimwear or denim is permitted.
  6. The following items are not allowed near or in the swimming pool:
  • Food and Beverages
  • Any glassware or glass bottles
  • Speakers that emit sound either Bluetooth or battery operated
  • Snorkels and or flippers.
  • Please refrain from using earphones whilst you swim.
  •  

7. Children under the age of 18 must be accompanied by a Parent or Guardian when near or in the swimming pool.

8. The Swimming pool is exclusively for Guests.

9. Hours of Pool operation are from 6.30 am to 6.30 pm.

10. Use of an infant life vest or floaters is encouraged for children below 10 years of age.

11. Diving and Running is not permitted. Pool users are requested to maintain decorum at all times.

  1. Persons under the influence of alcohol/drugs are not allowed to use the Pool.
  2. In order to ensure the safety of all pool users and in compliance with public health standards, persons suffering from any virus, disease or bacteria that is contagious or easily spread and or have any bleeding, injury, wound or heavy bandage are not permitted to use the swimming pool.
  3. Smoke in only designated smoking areas.
  4. For safety reasons and to ensure the privacy of other Guests any video recording or photo taking should not capture other guests or minors.
  5. Throwing litter in pool premises is strictly prohibited

These rules and regulations are subject to change any time without notice. Guests swim at their own risk and Management will not be responsible for any injuries, accidents, death, loss or damage whilst using the swimming pool.

21. WARRANTIES

  1. You hereby warrant, confirm and agree that you have read the above terms and conditions and have fully understood them and agreed to be bound by them.
  2. You hereby agree to bind your dependents, heirs, trustees, executors, administrators, third parties and/or assigns to the terms and conditions of this document. You further warrant that you are duly authorized to bind your children accompanying you on your visit to the Property or partaking in any Activities.
  3. You are aware that this document has legal consequences and I have understood its contents or implications, I also confirm that I have discussed the same with my legal representatives and those accompanying me during my stay.
  4. You hereby warrant and accept that the entire relationship between Management and or the Property and You, including this document, and any disputes, be they in Contract or Delict, shall be governed by the laws of the Republic of Kenya.
  5. You acknowledge that you are personally liable for all amounts arising out of Your and your dependants’ stay at the Property.
  6. You confirm that you will be solely responsible for the children accompanying you.

Data Protection Policy

Given the relationship between the Properties and their Guests, We as the Property / Management have set out a personal data protection policy in accordance with the requirements laid down in the European General Data Protection Regulation (“GDPR”) where applicable and the Kenya Data Protection Act.

We undertake to protect the privacy of our Guests (“data subjects”) within the framework of their activities by ensuring the protection, confidentiality and security of their personal data collected. The main objective of this data protection policy is to concentrate in a single document clear, simple and precise information concerning the data processing operations carried out by US, in order to enable the data subjects to understand what information and personal data (“personal data”) are collected, how they are used and what their rights are with regard to these personal data.

  1. Definitions

“Collect” means to obtain personal data. Data may be collected at the time of booking, during the stay(s), or during the contractual relationship between US and the data subjects;

“Consent” means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

“controller” means the person or body which, alone or jointly with others, determines the purposes and means of the processing of your personal data;

“Online services” means digital services offered by US, such as websites, applications, or associated services;

“Partners” should be construed in the broadest sense and means in particular service providers, subcontractors, intermediaries, and suppliers working with US;

“Processing of personal data”: means any operation or set of operations in relation to data, whatever the mechanism used;

“Products or services” means all products and services, including technological products and services (websites, applications and associated services) offered or to be offered by US;

“Prospect” means any person who has contacted US to obtain information about a product or service offered by US.

“US” means the Management and Properties as shall in the context apply.

  1. When do we collect personal data?

Personal data may be collected primarily in the context of:

The entry into contact with US;

The reservation of products and services offered by US;

The data subject’s use of any of our products and services, including technological services (website, application, and associated services);

The provision of products or services to meet specific Guests requests;

The relationship between US, their prospects, Guests and partners;

The performance of contracts;

The performance of legal or regulatory obligations relating to the activity of the Property and having an impact on the protection of personal data (such as police records for foreign Guests, tourist taxes, obligations in relation to tax, audit, or anti-fraud, anti-money laundering and anti-terrorist financing, judicial requisition); and

Those relating to the management of the commercial relationship in relation to complaints or satisfaction surveys.   

  1. What categories of data do we process?
  • Personal data means any information relating to a natural person which permits to identify him or her, directly or indirectly.
  • Personal data may include an individual’s first and last name, telephone number, photograph, video recording, postal address, email address, occupation, identification documentation, location data, computer’s IP address.
  • The data collected by US may be divided into the following main categories:
      • Declarative personal data

Declarative personal data are those provided by the data subjects and collected by US in the context of commercial or contractual relationships.

The data come mainly from the data subjects and the persons authorized by the data subjects to transmit them to US. For example, the data subject may be asked to provide personal data relating to his or her preferences (e.g. in terms of food or press) or to his or her family, economic, property and financial situation, or data which may potentially allow to deduce information relating to his or her health, religious affiliation (food allergy, accessories for the practice of a religion). Personal data may also be collected as part of the hosting service.

 Personal data related to the functioning of OUR products and services

  • Personal data may arise from the use by the data subjects of OUR products and services or may relate to operations carried out via the products and services offered by US in the context of their relationship with the data subject. For example, information is collected on the services provided during the data subject’s stay to improve Guests knowledge, the comfort of the stay or the organization of future stays.

 Personal data from third parties

  • The personal data processed may also come from:
  • Booking intermediaries;
  • Loyalty programs to which the Guests has subscribed;
  • Subcontractors, partners of OURS or third parties if their personal data protection policies allow it;
  • Third parties (hotels, associations, police services, etc.) in relation to the fight against fraud, unpaid bills and bad behavior;
  • Other products or services provided by third parties to which the data subjects have subscribed and/or for which they have authorized sharing with US.

Public personal data

WE may collect public personal data concerning the data subjects and use such public information or personal data where permitted by law or regulation and in compliance with the specific rules of communication and re-use specified by such law or regulation.

Personal data calculated or inferred by US

  • WE may generate or calculate new personal data based on declarative personal data or data related to the functioning of the products and services, in particular to adapt their products and services and personalize the offers that can be made to Guests.

What personal data do we process?

WE process the following main personal data for Guests and their accompanying persons:

  • Title:
  • Surname / First name:
  • Gender:
  • Date of birth / age:
  • Languages:
  • Nationality / place of origin:
  • Contact information (mailing address and email address, telephone number) :
  • Personal identification numbers and details:
  • Profession (business cards) :
  • Duration and date of booking, and stays:
  • Preferences or specific requests expressed during the booking and/or stay:
  • Special points of attention necessary for the smooth running of the stay (such as the risk of allergies or medical information about contraindications to spa treatments). 

How do we share the data we collect?

The personal data collected, as well as those that will be obtained later, are intended for US in our capacity as the data controller.

WE ensure that the personal data of the data subjects are only accessed by authorized persons and only when necessary for the performance of their tasks.

Some personal data may be sent to third parties to comply with legal, regulatory or contractual obligations or to legally authorized authorities (such as police, tourism authorities, obligations under the AML/CFT (Anti-Money Laundering/Combating the Financing of Terrorism Act) or by request from any Government Authority.

At the request of their Guests, WE may transmit personal data to third parties in order to subscribe to products and services from these third parties (book a restaurant, a private car, travels or tickets). Guests are informed that the third party is responsible for their own processing; Guests are therefore invited to contact the third-party recipients to be informed of the terms and conditions of any processing carried out in that context.

How long do we keep personal data?

Personal data are stored in OUR information systems or those of their subcontractors or providers.

Lawfulness of processing

  • We undertake that WE will not process data collected unlawfully.
  • Processing is lawful to the extent that at least one of the following applies:
  • The data subject has given consent to the processing of his or her personal data;
  • Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
  • Processing is necessary to comply with a legal obligation to which WE are subject;
  • Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in US;
  • Processing is necessary for the purposes of the legitimate interests pursued by US or by a third party;
  • WE are committed to guaranteeing the ethics and security of the personal data of our Guests, WE use personal data in accordance with the terms of this data protection policy, and the general terms and conditions of the products and services subscribed by the Guests.
  • WE use all or part of the personal data for the following main purposes:
  • Taking steps at the request of the data subject prior to entering into a contract;
  • Executing and performing services;
  • Managing Guests’ reservations and stays;
  • Managing relationships with OUR partners;
  • Managing contracts entered into with the data subjects;
  • Managing our activities;
  • Ensuring Guests satisfaction;
  • Compiling statistics. 

Rights of data subjects

  • The individuals whose data are processed are granted the following rights, unless otherwise legally required from US:
  • The right of information;
  • The right of access;
  • The right to erasure or the right to be forgotten;
  • The right to portability;
  • The right to object;
  • The right to restriction of processing;
  • The right to question.
  1. a) Right of information

The data subjects acknowledge that this data protection policy provides them with information about the purposes, the legal framework, the legitimate interests pursued by US, the recipients or categories of recipients with whom their personal data is shared, and the possibility of a data transfer to a third country or international organization. However, regarding the right of information, WE are not required to provide information if the data subjects already possess the information, if the recording or disclosure of their personal data is expressly laid down by law, or if the provision of information proves to be impossible or would involve a disproportionate effort.

  1. b) Right of access and to rectification

The data subjects have a right to access and rectify their personal data, which they can exercise with US. In this respect, the data subjects may obtain confirmation as to whether or not personal data is being processed, and, where that is the case, access to that personal data:

Data subjects may ask US, as the case may be, to rectify or complete their personal data that is inaccurate, incomplete, equivocal or expired.

Any request for exercising the right of access and rectification must be made in writing by sending a letter together with a copy of an identity document.

  1. c) Right to erasure or right to be forgotten

Data subjects may ask US to erase their personal data where one of the following grounds applies:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • The data subject withdraws his or her consent;
  • The data subject objects to the processing of his or her personal data;
  • The processing of personal data does not comply with the provisions of the applicable legislation and regulations.

However, data subjects are informed that the exercise of this right will not be possible when the retention of their personal data is necessary for compliance with statutory or regulatory provisions and in particular for exercising the right of freedom of expression and information, or for the establishment, exercise or defense of legal claims.

Storage period and restriction

We undertake that we will not keep personal data longer than is necessary other than to fulfill the purposes for which the data is stored or no longer than the period provided for by the regulations relating to the protection of personal data.

Framework for transfers outside the European Union

The personal data that data subjects in the territory of the EU have transmitted to US in accordance with the agreed purposes may be transferred to countries inside the European Union or outside the European Union. 

Special processing

  • As part of our security measures, WE use video surveillance systems in designated places in and around the Property.
  • Data subjects are informed that these images are recorded and stored and that they may lead to the identification of the filmed persons either by the systems implemented or by the authorized persons having access to the images.  

Consent for the collection of personal data

  • I agree to the use of my last name, first name, and e-mail address by the Property and its affiliates to send me newsletters about their activities.
  • Mandatory information is marked with an asterisk. If I refuse to communicate this information, I won’t receive the newsletters.
  • My data is stored if I have not withdrawn my consent and is intended for the services of Properties.
  • I have been informed that I have the rights to information, access, rectification, erasure, restriction of processing and data portability.
  • I have authority to bind my Party, who consent to the processing of their personal data.

I consent to the collection of my personal data in line with this Data Protection Policy, the GDPR and the Data Protection Act (2019).

In case any provision in agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

You have read and fully understand the terms and conditions as set out above with which you have acquainted yourself with and the implications thereof and acknowledge that you are bound thereby without reserve.

By clicking Agree and Continue, you hereby agree and consent to this Agreement and the Properties Privacy Policy.