TERMS AND CONDITIONS OF USE

www.masamasai.com
Owned and operated by The Holiday Dealers Ltd

1. Introduction

This website, www.masamasai.com (the “Website”), is owned and operated by The Holiday Dealers Ltd, a limited liability company duly incorporated in the Republic of Kenya. All bookings made through this Website, whether by individual clients or third-party agents, are subject to the following Terms and Conditions (the “Terms”).

References to “the Company” shall mean The Holiday Dealers Ltd (P.O. Box [Insert P.O. Box], Nairobi, Kenya). References to the “Client” refer to any individual, entity, or group contracting the Company directly for travel-related services, and shall include all persons on whose behalf the booking is made or who otherwise participate in the services arranged.

By using this Website and/or contracting services, the Client acknowledges that they have read, understood, and agreed to be legally bound by these Terms. These Terms constitute a legally binding agreement between the Company and the Client.

PART A: CLIENT BOOKINGS (Direct Bookings)

2. Booking & Tour Arrangements

The Company undertakes to organize and provide the travel services (“Services”) contracted for, including transportation, accommodation, meals, park entry, and related services as per the agreed itinerary.

The Company reserves the right, at its sole discretion, to:

• Substitute equivalent or superior services where necessary.

• Modify itineraries due to operational concerns, force majeure, or factors beyond its control (including but not limited to weather, park closures, or road conditions).

• Appoint third-party service providers or sub-contractors in the execution of Services.

Limitation of Liability: The Company shall not be liable for any act or omission by third parties, nor for interruptions to Services beyond its direct control, including but not limited to flight delays, overbooking, or cancellations by hotels, or acts of government authorities.

3. Pricing and Surcharges

All prices quoted are subject to change without prior notice due to factors including, but not limited to:

• Currency exchange rate fluctuations.

• Government levies, taxes, and statutory fees.

• Park/reserve entrance fee adjustments.

• Fuel price variations or supplier surcharges.

The Company shall notify the Client of material increases, and the Client shall have the option to accept the revised price or cancel the affected portion, subject to applicable cancellation fees.

4. Deposits & Payment Terms

A non-refundable deposit of 40% of the total booking value is required at the time of reservation confirmation.

The balance of 60% shall be payable no later than 35 calendar days before the scheduled start of Services. Failure to settle the balance within this period shall entitle the Company to cancel the booking and apply applicable cancellation fees.

Payments must be made in the agreed currency, net of bank charges.

5. Cancellations & Refunds

In the event of cancellation by the Client, the following fees shall apply:

• 36 or more days before arrival: 10% of total booking value (minimum USD 75 per person), plus applicable transaction fees.

• 35 to 15 days before arrival: 35% of total booking value.

• 14 to 5 days before arrival: 65% of total booking value.

• Less than 5 days before arrival: 100% of total booking value.

Peak Season Policy: Bookings during high-demand periods (e.g., 23 December to 2 January) may attract a 100% cancellation fee if canceled within 35 days of arrival.

No refunds shall be issued for unused services or early departures.

6. Default and Non-Payment

Should the Client fail to make payments as agreed:

• The Company reserves the right to withhold all or part of the Services.

• Outstanding balances may be recovered through legal means or third-party debt collectors.

• Cancellation terms outlined above shall apply.

7. Insurance

The Company holds statutory liability insurance in compliance with applicable Kenyan law. However, this does not extend to:

• Personal medical expenses.

• Loss, theft, or damage to personal belongings.

• Trip cancellation or interruption.

• Delays or missed connections.

Clients are strongly advised to secure comprehensive travel insurance that covers personal injury, medical costs, property loss, delays, and cancellations.

8. Limitation of Liability

The Company shall not be liable for:

• Personal injury, illness, or death.

• Loss, theft, or damage to personal property.

• Acts or omissions of any third-party suppliers.

• Indirect or consequential losses including missed flights or alternative accommodation costs.

Maximum liability shall be limited to the value of the portion of Services directly booked with and not provided by the Company, and solely where failure is attributable to gross negligence on the part of the Company.

9. Third-Party Sales Agents

Where bookings are made through authorized agents or intermediaries:

• The agent acts solely as a facilitator for the Client.

• The Company bears no responsibility for representations, misrepresentations, or acts of the agent unless expressly authorized.

• The contract remains between the Client and the Company and is governed by these Terms.

10. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any disputes arising shall be subject to the exclusive jurisdiction of the courts of Kenya.

PART B: OVERSEAS TOUR OPERATORS, WHOLESALERS & AGENTS

These additional terms apply to all overseas tour operators, travel agents, or third-party organizers (the “Organizer”) engaging the Company to deliver Services on behalf of their end clients.

11. Role of the Organizer

The Organizer:

• Acts as principal in relation to its clients.

• Acknowledges that the Company provides Services on behalf of the Organizer and not directly to the end client.

• Shall communicate this clearly to the end client.

• Shall indemnify and hold harmless the Company against any client claims, unless caused solely by the Company’s gross negligence or breach.

12. Indemnity and Liability

The Organizer shall indemnify the Company against:

• All claims, losses, damages, or expenses arising from the Organizer’s conduct or that of its representatives or clients.

• Any breach of contract, misrepresentation, or negligent acts of the Organizer.

• All third-party claims made against the Company resulting from the Organizer’s operations.

13. Service Delivery

The Company shall provide the Services as specified in writing between the parties. In the event of failure to deliver any specific Service due to fault of the Company, liability shall be limited to the value of the undelivered Service.

The Company accepts no responsibility for consequential or indirect losses.

14. Price Adjustments

All prices are subject to revision due to:

• Currency exchange rate variations.

• Increases in statutory fees, taxes, or park charges.

• Other circumstances beyond the control of the Company.

The Company shall inform the Organizer of material increases in a timely manner. Revised prices shall be deemed accepted unless the Organizer objects in writing within 3 business days.

15. Governing Law & Jurisdiction

These Terms shall be governed by the laws of the Republic of Kenya. All disputes shall be subject to the exclusive jurisdiction of the Kenyan courts.

16. Contact

For all questions, correspondence, or legal notices, please contact:

The Holiday Dealers Ltd
Email: [Insert contact email]
Phone: [Insert contact number]
Website: www.masamasai.com

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