Glidden Kenya Limited, a company duly registered in Kenya with its head office at the great Jubilee centre, Langata Road with postal address: P.0. Box 1501 0 - 00509, Nairobi trades as Sekenani Camp (“Sekenani Camp”). By booking any of the Sekenani Camp arrangements you (that is all of you as the booking agent/ tour operator and your clients, hereinafter referred to as “you”) accept that you have read and understood these conditions, have agreed to be bound by them and where applicable, your clients are informed of the provisions of this agreement applicable to them.
Your contract with Sekenani Camp is subject to the following conditions:
Prices
Sekenani Camp may alter the rates specified overleaf by giving not less than three months notice to you in writing unless such alteration is the result of a change in the value of the Kenya shilling by more than 5% by way of currency fluctuation or devaluation, in which case Sekenani Camp may increase the rates overleaf proportionate to the amount of such devaluation and with effect from the date of devaluation.
Payment
Payment for accommodation at Sekenani Camp is due upon an invoice being raised and no bookings will be considered to be confirmed until such payment is made. In the event that payment in full is not made in accordance with this agreement, Sekenani Camp may, at its discretion, terminate this agreement forthwith and thereafter shall have no obligation to provide rooms to your clients at the camp. All payments must be accompanied by a remittance advice with details of the invoice being settled. You shall ensure that all guests being accommodated in terms of this agreement pay for and settle in full all accounts levied in respect of incidental expenses for which they are liable prior to departure from the camp.
Check In/Check Out Times & Bookings
Check In is from 11.00 am . Check Out is 10.00 am . Subject to availability, Day Rooms may be provided at an additional charge of $45 per person.
Sekenani Camp reserves the right at anytime and without incurring any liability whatsoever or howsoever to make changes to your booking arrangements (including flights, accommodation, transport or services), to offer substitute facilities (in Sekenani Camp's view) of equal value and reputation, or to cancel any scheduled booking.
You acknowledge that the provision of the bookings and accommodation shall at all times be subject to Sekenani Camp's standard terms and conditions of residence available at Sekenani Camp's reception/check-in desk.
You shall ensure that your clients have obtained comprehensive insurance cover against personal accident, medical expenses, booking cancellation and loss of baggage and money. Sekenani Camp reserves the right:
• to cancel bookings unless such insurance has been duly effected so as to be valid;
• to require you to show such proof as it shall think fit of the existence of such insurance.
You shall be responsible for informing Sekenani Camp when you make booking of any requests for special diets or facilities for the disabled or for any other special needs. Whilst every effort will be made to meet such requests, Sekenani Camp does not guarantee that such requests will be met.
You shall inform Sekenani Camp when you make bookings of clients with any medical condition or disability which may materially affect such client's ability to stay at the camp.
Cancellation
The release period for bookings made at Sekenani Camp is 60 days. Bookings released after this period will attract the following charges:
60-36 days 10%
35-20 days 20%
19-07 days 50%
Less than 06 Days and No-Show 100%
Breach or Default
In the event that you fail to comply with any of the terms and conditions in this agreement, Sekenani Camp will consider you to be in breach and/or default of this agreement. In the event of default and during the period of default, the rates stated overleaf may become invalid. Furthermore, Sekenani Camp reserves the right to cancel, without recourse, any bookings of made by you, whether paid for or previously confirmed. Clearing the default does not guarantee the re-instatement of this agreement, nor does it guarantee that any cancelled bookings will be re-instated. Liability
Sekenani Camp, its affiliates, subsidiaries or parent, do not and will not accept responsibility for any incident of any nature involving any client(s) who is/are at any property(ies), nor while travelling to or from any property(ies) belonging to Sekenani Camp.
Please be aware that your stay may be in isolated regions and in close proximity with wild animals. Whilst attacks by wild animals are rare, Sekenani Camp cannot give any assurance or guarantee that such an attack will not occur. Accordingly, Sekenani Camp shall not be liable for any death, injury, delay, loss or damage howsoever arising from your transportation, accommodation or from any other service provided to you or from any act or omission of any person (or their sub-contractors agents or employees whether acting within the scope of their contractual obligations agency or employment or not) who shall provide any such service or from any attack or injury by any animal or person.
Each of you shall joint and severally indemnify Sekenani Camp against any claims, costs, demands and expenses whatsoever, wheresoever and whensoever made by any person arising from your presence on the camp or from any act or omission of yours.
Further, Sekenani Camp will not be liable to pay compensation for changes due to war or threat of war, insurrection, riots, strikes, civil actions, acts of terror, decisions by governments or governing authority, natural disaster, bad weather, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers or other similar circumstances beyond SeKenani Camp's control.
Termination of Agreement
Either party may terminate this agreement by giving one month notice in writing to the other.
Arbitration
A dispute or difference between us relating to the validity, construction or performance of this agreement shall be referred to an Arbitrator to be appointed (in default of agreement between us) within 21 days of notification of such dispute by one of us to the other by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch, upon the application of either of us. Such arbitration shall be conducted at a venue in Nairobi in accordance with the Arbitration Act, 1995.
General
• Sekenani Camp may amend or vary these conditions from time to time in whichever manner it deems fit.
• All matters concerning these conditions shall be subject to the laws of the Republic of Kenya . You submit to the exclusive jurisdiction of the courts of Kenya which shall be the sole forum for the hearing of any claims other than those which shall be referred to arbitration pursuant to the Arbitration clause.
• The waiver of any terms and conditions of this agreement on any occasion shall not be deemed to be a waiver of such terms and conditions of any further occasion.
• You may not cede any of your rights nor delegate any of your obligations under this agreement without the prior written consent of Sekenani Camp.
• This agreement does not constitute and nothing in this agreement shall be deemed to constitute a partnership between the parties or constitute or be deemed to constitute either party the employee, agent or partner of the other for any purpose whatsoever.
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