Terms and conditions

DIRECT BOOKING TERMS & CONDITIONS 

We know reading all the legal terms and conditions can be a chore, but there are some clauses we feel are particularly important for all our guests. To help you along, we’ve highlighted and inserted ‘PLEASE NOTE:’ in several paragraphs. As always, please contact us if you would like more information.

1. DEFINITIONS AND PARTIES

In these terms and conditions: The ‘Company’ shall mean Future Hotels Limited, a Company incorporated under the laws of Kenya. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings using exclusive use rates (applicable when booking 10 or more rooms) and ‘Group Bookings’ shall mean bookings for between 5 and 9 rooms using individual rates to be utilised by one party of individuals. An ‘Individual Booking’ shall mean bookings for between 1 and 4 rooms using individual rates other than a group booking. In these terms and conditions, the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2. BOOKINGS

A contract will only be constituted between the Company and the Client once the Company issues a booking confirmation invoice to the Client after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under paragraph 3 ‘Payment and Confirmation’ below.

PLEASE NOTE: The Lead Booking Name on paying the deposit acknowledges that he accepts these terms and conditions on behalf of himself and each of his travelling companions and warrants to the Company that he has the authority to do so.

3. PAYMENT AND CONFIRMATION

Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final 70% payment plus any additional sums equal to any payments due to external transport or transfer operators is due no later than 42 days prior to the proposed date of arrival at Finch Hattons. If the Client makes a reservation less than 42 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% pre-payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. The method by which you should pay for your booking will depend on where you are making your reservation, and your reservations office should provide full details when they send you your invoice.

4. CANCELLATION BY THE CLIENT

As with any travel, we strongly recommend that you purchase travel insurance which gives you full cancellation cover. Please note the Client is also liable for any payments outstanding on the date the cancellation is received. You must send us all cancellations clearly and in writing to avoid any errors! This can be done by letter, fax or email using the following contact details:

Reservations: [email protected]

The Company will then confirm the cancellation to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 42 days prior to the proposed arrival date will incur a 30% penalty.
• Cancellations received 42 days or less prior to the proposed arrival date will incur a 100% penalty.

Please note that any arrangements made and subsequently cancelled or amended with third-party companies (e.g. tours, excursions, flights) may incur charges according to the cancellation and amendment policy of that third party company and, if requested, you will refund us in respect of such charges forthwith. Please note that if a payment is not received from you on time or in the correct amount, we reserve the right to release your reservation regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of any payments due.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5. CHANGES BY THE CLIENT TO DATE OR NATURE OF THE BOOKING

All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should you choose to leave Finch Hattons early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to you, nor will alternative dates be arranged.

The Client also agrees that individual or group stays at Finch Hattons cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

6. CHANGES AND CANCELLATION BY THE COMPANY

The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us by the date of cancellation will be repaid less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

PLEASE NOTE: Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client under these terms and conditions and requires you to leave Finch Hattons immediately if the Company reasonably considers that the Guest’s behaviour at Finch Hattons has caused (or is likely to cause) loss, damage or harm to Finch Hattons or its reputation or any part of it or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to you. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

7. LIABILITY OF THE COMPANY

a. PLEASE NOTE: We accept no liability for ensuring that the accommodation which you book with us is provided as described in this contract, save where any part of your accommodation is not provided as described in this contract due to the fault of our employees or agents and this has adversely affected your travel arrangements. Subject to paragraph (b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid by you to us for your accommodation with us. 

b. Nothing in paragraph (a) above shall exclude or restrict our liability or responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment or engagement in the provision of your accommodation with us. 

c. PLEASE NOTE: Due to the nature of activities undertaken at Finch Hattons and because of the incidence of malaria in Kenya, all guests shall sign an indemnity and waiver on arrival at Finch Hattons. 

d. PLEASE NOTE: For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We would suggest that you obtain suitable insurance to cover loss or injury. The Company shall not be obligated to make any payments in those circumstances other than as otherwise referred to in the terms and conditions above.

8. FORCE MAJEURE

a. If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. 

b. If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9. DATA PROTECTION

We respect your privacy, and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation.  You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - http://www.virginlimitededition.com/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: [email protected]

10. INDEMNITY, RELEASE AND WAIVER

a. The Client hereby acknowledges that the animals, insects and wildlife at Finch Hattons and the surrounding land (the “National Park”) constitute a potential danger to persons walking on the National Park or any part thereof or travelling in open or closed vehicles thereon, whether or not accompanied by a guide or staff member and whether or not in the proximity of safari camps, tents and accommodation. 

b. PLEASE NOTE: Subject to paragraph 7 (b) above, the Client hereby releases, indemnifies and holds harmless, to the fullest extent permitted by law, the Company as well as its holding, subsidiary and associated companies and its and their respective directors, officers, employees, servants and agents from and against any and all claims, liabilities and losses of whatever nature, including (without limitation) for loss, costs, damage, expense, personal injury or death, arising from or in connection with the Client and/ or any Minor’s stay at Finch Hattons. For the purposes of this paragraph 10, “Minor” shall mean a person under the age of 18 or dependent of whom the Client is the parent or legal guardian or who is under the control or custody of the Client. 

c. PLEASE NOTE: The Client is aware that malaria occurs in Kenya and acknowledges that he may have been advised to take anti-malaria precautions for himself and any Minors. 

d. PLEASE NOTE: The Client undertakes to obey all instructions given to him at any stage by any guide or other officer or employee of the Company whilst at Finch Hattons in the National Park and acknowledges that any such instruction will be made for the purpose of protecting the Client’s personal safety and that of others in whose company the Client may be.

11. ENTIRE AGREEMENT; VARIATION AND WAIVER, SEVERANCE

These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

12. RESPECTING PRIVACY

We put a strong emphasis on respecting the privacy of our guests and staff. You agree that your stay at Finch Hattons is solely to enjoy Finch Hattons, and you agree that you will:

• treat all other guests and anything overheard or done during the course of your stay at Finch Hattons, together with the identities of the other guests and our members of staff, as private and confidential;
• not record, photograph or quote other guests, Sir Richard Branson, or any member of the Branson family or our members of staff;
• not publish on or distribute to any public platform, including any print media, online media or social media, any photograph or video taken by you or by any guest under your control of any of our guests, members of staff, Sir Richard Branson or a member of the Branson family without prior written consent from us and those featured; and
• not in any way exploit or attempt to exploit your stay at Finch Hattons for any direct or indirect gain (whether financial or otherwise).

We shall be entitled to terminate your stay immediately if we reasonably consider that your behaviour has caused (or is likely to cause) loss, damage, or harm (including reputational) to us, Sir Richard Branson, any member of the Branson family, and/or any of our other guests or members of staff. If we terminate your stay in these circumstances, any payments made for your stay will not be refunded.

13. GOVERNING LAW

This contract shall be governed and construed according to English Law and shall be subject to the exclusive jurisdiction of the courts of England, save that the Company shall be entitled to enforce the contract against the Client in the courts of any other country in which the Client is.

14. PARK ENTRANCE FEES

Tsavo National Park fees are not included in our published room rates, and these will be charged separately unless stated otherwise. Please note, that any guests entering the Tsavo National Park will be charged park fees, which are valid for 24 hours from the time of entry. For additional hours spent in the park, guests must pay for another 24 hours. Park fees are subject to change as guided by the Kenya Wildlife Service. 

15. AMREF FLYING DOCTORS SCHEME

‘AMREF, the flying doctors’ organization based in Nairobi, provides air evacuation services in medical emergencies across East Africa, as well as air ambulance transfers between medical facilities. AMREF Flying Doctors operates 24 hours a day, 365 days a year as a vital link between remote areas and AMREF's Control Centre at Wilson Airport in Nairobi. Their aeroplanes, some fitted with operating theatres and resuscitation rooms, can take you back to Nairobi and its modern, efficient private hospitals in less than one hour. All you need to do is to subscribe to their insurance: it costs very little and whilst it’s highly unlikely you’ll need to use it; it gives you total peace of mind. For those who already have travel or health insurance, it’s worth double-checking what’s included in the existing policy as air evacuation may not be covered. To buy AMREF insurance please visit www.flydoc.org or ask your travel agent or tour operator.’

We know reading all the legal terms and conditions can be a chore, but there are some clauses we feel are particularly important for all our guests. To help you along, we’ve highlighted and inserted ‘PLEASE NOTE:’ in several paragraphs. As always, please contact us if you would like more information.

1. DEFINITIONS AND PARTIES

In these terms and conditions: The ‘Company’ shall mean Future Hotels Limited, a Company incorporated under the laws of Kenya. ‘We’ shall mean the Company. The ‘Client’ shall mean the person who has paid the deposit as the Lead Booking Name and each person listed within the booking as their travelling companion. ‘You’ shall mean the Client. ‘Exclusive Use Bookings’ shall mean bookings using exclusive use rates (applicable when booking 10 or more rooms). In these terms and conditions, the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2. BOOKINGS

A contract will only be constituted between the Company and the Client once a written request for confirmation of a booking has been received from the Client by the Company, and written confirmation of acceptance of a booking has been sent on behalf of the Company to the Lead Booking Name (following receipt of payment of the deposit as outlined in paragraphs 3 below (as appropriate)). 

PLEASE NOTE: The Lead Booking Name on paying the deposit acknowledges that he accepts these terms and conditions on behalf of himself and each of his travelling companions and warrants to the Company that he has the authority to do so.

3. AYMENT AND CONFIRMATION

Bookings will be confirmed upon receipt of a 20% non-refundable accommodation deposit. A second 50% non-refundable payment is due no later than 180 days prior to your proposed date of arrival at Finch Hattons, along with any additional sums equal to any payments due to external transport or transfer operators. The final 30% non-refundable payment is due no later than 60 days prior to your proposed date of arrival at Finch Hattons, along with any sums equal to any payments due to external transport or transfer operators. If the Client makes a reservation less than 90 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% non-refundable payment, plus any additional sums due to any external transport or transfer operators, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount, we reserve the right to release your reservation, regardless of any payment(s) already received. We will use best efforts to contact you prior to taking this course of action and will remind you of payments due. The method by which you should pay for your booking will depend on where you are making your reservation. Your reservations office should provide full details when they send you your invoice.

4. CANCELLATION BY THE CLIENT

We strongly recommend that you purchase travel insurance which gives full cancellation coverage. All payments are non-refundable unless stated otherwise in these terms and conditions. Please note that the Client is also liable for any payments outstanding on the date on which a cancellation is received from a client and that all cancellations must be received clearly in writing. This can be done by email using the following contact details:

Reservations: [email protected]

We will then confirm the cancellation back to you in writing and provide you with a cancellation number. Also note that any arrangements made and subsequently cancelled or amended with third party companies (e.g. tours, excursions) may incur charges according to the cancellation and amendment policy of that third party company and, if requested, you will refund us in respect of such charges forthwith.

• Cancellations received more than 181 days prior to the Guest’s proposed arrival date will incur a 20% penalty.
• Cancellations received within 180 and 61 days prior to the proposed arrival date will incur a 70% penalty.
• Cancellations received within 60 days prior to the proposed arrival date will incur a 100% penalty.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5. ONWARD SALE/TRANSFER OF YOUR BOOKING

Your booking at Finch Hattons must not be sold, awarded as a prize or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. You will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking or which refers to us, Virgin, Sir Richard Branson or their respective affiliates (“Interested Parties”). This will include but will not be limited to email communications, advertising, editorials, social media, websites and press releases. Should anything be published about your involvement with the Interested Parties that we wish to have edited or removed, you agree to cooperate promptly with any reasonable requests we may make for that purpose.

6. CHANGES BY THE CLIENT TO DATE OR NATURE OF THE BOOKING

All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should the Client choose to leave Finch Hattons early for any reason other than in the circumstances outlined in paragraph 10 below, no refund will be made to the Client, nor will alternative dates be arranged.

7. CHANGES AND CANCELLATION BY THE COMPANY

The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us by the date of cancellation will be repaid less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

PLEASE NOTE: Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation, which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client under these terms and conditions and require the Client to leave Finch Hattons immediately if the Company reasonably considers that the client’s behaviour at Finch Hattons has caused (or is likely to cause) loss, damage or harm to Finch Hattons or its reputation or any part of it or is (or is likely to be) objectionable to other clients; in these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 7 shall be without prejudice to the rights of the Company set out in paragraph 10(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 10(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 7.

8. LIABILITY OF THE COMPANY

a. PLEASE NOTE: We accept no liability for ensuring that the accommodation which you book with us, is provided as described in this contract save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected the enjoyment of the Client’s accommodation with us. Subject to paragraph b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid to us by you in respect of the Client’s accommodation with us.

b. LEASE NOTE: Nothing in paragraph a) above shall exclude or restrict our liability for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or during, their employment or engagement in the provision of your accommodation with us.

c. PLEASE NOTE: Due to the nature of activities undertaken at Finch Hattons and because of the incidence of malaria in the region, all Clients are required to sign an indemnity and waiver on arrival. The Client shall ensure that all travelling companions are aware that they will be required to sign such indemnity and waiver.

d. PLEASE NOTE: For the avoidance of doubt the Company will not be liable for loss or injury suffered by the Client which was outside the control of the Company. We would recommend that you obtain suitable insurance to cover loss or injury and you will ensure all travelling companions are made aware of such recommendation. This includes ‘AMREF, the flying doctors’ cover, an organisation based in Nairobi which provides air evacuation services in medical emergencies across East Africa, as well as air ambulance transfers between medical facilities. It costs very little and whilst it’s highly unlikely you’ll need to use it; it gives you total peace of mind. For those who already have travel or health insurance, it’s worth double-checking what’s included in the existing policy as air evacuation may not be covered. AMREF insurance is available through www.flydoc.org. The Company shall not be obligated to make any payments in loss or injury circumstances other than as otherwise referred to in the terms and conditions above.

9. INDEMNITY, RELEASE AND WAIVER

a. The Client hereby acknowledges that the animals, insects and wildlife at Finch Hattons and the surrounding land (the “National Park”) constitute a potential danger to persons walking on the National Park or any part thereof or travelling in open or closed vehicles thereon, whether or not accompanied by a guide or staff member and whether or not in the proximity of safari camps, tents and accommodation.

b. PLEASE NOTE: Subject to paragraph 8 (b) above, the Client hereby releases, indemnifies and holds harmless, to the fullest extent permitted by law, the Company as well as its holding, subsidiary and associated companies and its and their respective directors, officers, employees, servants and agents from and against any and all claims, liabilities and losses of whatever nature, including (without limitation) for loss, costs, damage, expense, personal injury or death, arising from or in connection with the Client and/ or any Minor’s stay at Finch Hattons. For the purposes of this paragraph 9, “Minor” shall mean a person under the age of 18 or dependent of whom the Client is the parent or legal guardian or who is under the control or custody of the Client.

c. PLEASE NOTE: The Client is aware that malaria occurs in Kenya and acknowledges that he may have been advised to take anti-malaria precautions for himself and any Minors.

d. PLEASE NOTE: The Client undertakes to obey all instructions given to him at any stage by any guide or other officer or employee of the Company whilst at Finch Hattons in the National Park and acknowledges that any such instruction will be made for the purpose of protecting the Client’s personal safety and that of others in whose company the Client may be.

10. FORCE MAJEURE

a. If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date.

b. If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

11. DATA PROTECTION

We respect your privacy, and we value the trust you've placed in us by sharing your information. Your information is held by Virgin Limited Edition in accordance with the European General Data Protection Regulation.  You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy - http://www.virginlimitededition.com/privacy-policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply follow the unsubscribe link in the communication, or email us at: [email protected]

12. OTHER

The Company and the Client do not intend any of these terms and conditions to be enforceable by or confer any rights upon any person other than the Company and the Client under the Contracts (Rights of Third Parties) Act 1999.

13. ENTIRE AGREEMENT; VARIATION AND WAIVER, SEVERANCE

These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

14. RESPECTING PRIVACY

We put a strong emphasis on respecting the privacy of our guests and staff. You agree that your stay at Finch Hattons is solely to enjoy Finch Hattons, and you agree that you will:

• treat all other guests and anything overheard or done during the course of your stay at Finch Hattons, together with the identities of the other guests and our members of staff, as private and confidential;
• not record, photograph or quote other guests, Sir Richard Branson, or any member of the Branson family or our members of staff;
• not publish on or distribute to any public platform, including any print media, online media or social media, any photograph or video taken by you or by any guest under your control of any of our guests, members of staff, Sir Richard Branson or a member of the Branson family without prior written consent from us and those featured; and
• not in any way exploit or attempt to exploit your stay at Finch Hattons for any direct or indirect gain (whether financial or otherwise).

We shall be entitled to terminate your stay immediately if we reasonably consider that your behaviour has caused (or is likely to cause) loss, damage, or harm (including reputational) to us, Sir Richard Branson, any member of the Branson family, and/or any of our other guests or members of staff. If we terminate your stay in these circumstances, any payments made for your stay will not be refunded.

15. GOVERNING LAW

This contract shall be governed and construed according to English Law and shall be subject to the exclusive jurisdiction of the courts of England, save that the Company shall be entitled to enforce the contract against the Client in the courts of any other country in which the Client is.

16. PARK ENTRANCE FEES

Tsavo National Park fees are not included in our published room rates, and these will be charged separately unless stated otherwise. Please note, that any guests entering the Tsavo National Park will be charged park fees, which are valid for 24 hours from the time of entry. For additional hours spent in the park, guests must pay for another 24 hours. Park fees are subject to change as guided by the Kenya Wildlife Service.

17. AMREF FLYING DOCTORS SCHEME

‘AMREF, the flying doctors’ organization based in Nairobi, provides air evacuation services in medical emergencies across East Africa, as well as air ambulance transfers between medical facilities. AMREF Flying Doctors operates 24 hours a day, 365 days a year as a vital link between remote areas and AMREF's Control Centre at Wilson Airport in Nairobi. Their airplanes, some fitted with operating theatre and resuscitation rooms, can take you back to Nairobi and its modern, efficient private hospitals in less than one hour. All you need to do is subscribe to their insurance: it costs very little and whilst it’s highly unlikely you’ll need to use it; it gives you total peace of mind. For those who already have travel or health insurance, it’s worth double-checking what’s included in the existing policy as air evacuation may not be covered. To buy AMREF insurance please visit www.flydoc.org or ask your travel agent or tour operator.’

We know reading all the legal terms and conditions can be a chore, but there are some clauses we feel are particularly important for all our guests. To help you along, we’ve highlighted and inserted ‘PLEASE NOTE:’ on several paragraphs. As always, please contact us if you would like more information.

1. DEFINITIONS AND PARTIES

In these terms and conditions: The ‘Company’ shall mean Future Hotels Limited, a corporation organised under the laws of Kenya. ‘We’ shall mean the Company. The ‘Client’ shall mean the Standard Tour Operator named overleaf. ‘You’ shall mean the Client. ‘Guest’ shall mean the one or more individuals in respect of whom the Client is seeking to make the booking. ‘Group Bookings’ shall mean bookings for between 5 and 9 rooms to be utilized by one party of individuals using individual rates. In these terms and conditions, the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2. BOOKINGS

A contract will only be constituted between the Company and the Client once a written request for confirmation of a booking has been received from the Client by the Company and written confirmation of acceptance of a booking has been sent on behalf of the Company to the Client.

PLEASE NOTE: On submitting to the Company a written request for confirmation of a booking, the Client warrants and confirms to the Company that it accepts these terms and conditions on behalf of itself and the Guest and warrants to the Company that the Client has authority to do so.

3. PAYMENT AND CONFIRMATION

Bookings will be confirmed upon receipt of a 30% non-refundable accommodation deposit. The final payment of 70% is due no later than 60 days prior to your proposed date of arrival, along with any additional sums equal to any payments due to third parties and/or our affiliates. If the Client makes a reservation less than 60 days prior to the proposed date of arrival, such bookings will only be confirmed upon receipt of a 100% payment, plus any additional sums due to third parties and/or our affiliates, all of which shall be paid as far as possible in advance of the proposed date of arrival. Please note that if a payment is not received on time or in the correct amount, we reserve the right to release your reservation, regardless of any payment(s) already received. We will make reasonable efforts to contact you prior to taking this course of action and will remind you of payments due. The method by which you should pay for your booking will depend on where you are making your reservation. Your reservations office should provide full details when they send you your invoice.

4. CANCELLATION BY THE CLIENT

We strongly recommend that all Guests purchase adequate travel insurance to cover cancellation fees due to unforeseen circumstances and the Client shall advise all Guests of this recommendation. You must send us all cancellations clearly and in writing. This should be done by email using the following contact details:

Reservations: [email protected]

Please note that if a payment is not received on time or in the correct amount, we reserve the right to release your reservation, regardless of any payment(s) already received. We will use reasonable endeavours to contact you prior to taking this course of action and will remind you of payments due. The Company will then confirm the cancellation back to the Client in writing with a cancellation number. The cancellation date shall be the date upon which the written notification of cancellation is received by the Company from the Client.

• Cancellations received more than 61 days prior to the Guest’s proposed arrival date will incur a 30% penalty.
• Cancellations received 60 days or less prior to the Guest’s proposed arrival date will incur a 100% penalty.

The Client is also liable for any payments outstanding on the date upon which the cancellation is received by the Company. Please note that there may also be cancellation fees levied by third parties and/or our affiliates such as flight or transfer operators; we will advise you of any such additional cancellation fees in due course once we have this information and, if requested, you will refund us in respect of such fees forthwith. For the purposes of calculating the charges set out in this clause, we consider your arrival date to be day 0. Please note that the Client is liable for any payments outstanding on the date cancellation is received.

In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

5. CHANGES BY THE CLIENT TO DATE OR NATURE OF THE BOOKING

All requests for amendments must be received by the Company in writing from the Client. All requests shall be considered by the Company in its sole discretion and additional charges may apply. Please note that there may also be amendment or cancellation fees levied by third parties such as transfer operators. The Company will advise the Client of these when it becomes aware of them and the Client will, if requested, reimburse the Company in respect of such fees forthwith. Should the Guest choose to leave Finch Hattons early for any reason other than in circumstances outlined in paragraph 8 below, no refund will be made to the Guest or the Client nor will alternative dates be arranged.

The Client also agrees that individual or group stays at Finch Hattons cannot be sold, awarded as prizes or otherwise transferred without the Company’s prior written authorisation.

6. CHANGES AND CANCELLATION BY THE COMPANY

The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Client, who shall accept such alternative arrangements. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking. If the Client rejects the booking in these circumstances, all monies which have been paid by the Client to us by the date of cancellation will be repaid less the Company’s reasonable expenses in respect of the booking. Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. In the event that a refund is provided to you, we shall not be responsible for any fluctuations in the exchange rate which may occur in the time between our receipt of the deposits and the time the refund is processed.

PLEASE NOTE: Any liability of the Company which may arise in the event of cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client under these terms and conditions and require the Guest to leave Finch Hattons immediately if the Company reasonably considers that the Guest’s behaviour at Finch Hattons has caused (or is likely to cause) loss, damage or harm to Finch Hattons or its reputation or any part of it or is (or is likely to be) objectionable to other guests; in these circumstances the Company shall not be obligated to make any refund of monies to the Client or the Guest. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents, officers and employees) against any such loss, damage or harm.

For the avoidance of doubt, this paragraph 6 shall be without prejudice to the rights of the Company set out in paragraph 8(b) of these terms and conditions and any cancellation by the Company for the reasons set out in paragraph 8(b) shall be dealt with in accordance with that provision and not in accordance with this paragraph 6.

7. LIABILITY OF THE COMPANY

a. PLEASE NOTE: We accept no liability for ensuring that the accommodation which you book with us, is provided as described in this contract save where any part of your accommodation is not provided as described in this brochure due to the fault of our employees or agents and this has adversely affected the enjoyment of the Guest’s accommodation with us. Subject to paragraph b) below, our liability in all cases shall be limited to a maximum of three times the aggregate amount paid to us by you in respect of the Guest’s accommodation with us.

b. PLEASE NOTE: Nothing in paragraph a) above shall exclude or restrict our liability for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents whilst acting within the scope of, or during, their employment or engagement in the provision of your accommodation with us.

c. PLEASE NOTE: Due to the nature of activities undertaken at Finch Hattons and because of the incidence of malaria in the region, all Guests are required to sign an indemnity and waiver on arrival. The Client shall ensure that all Guests are aware that they will be required to sign such indemnity and waiver.

d. PLEASE NOTE: For the avoidance of doubt the Company will not be liable for the loss or injury suffered by the Client or the Guest which was outside the control of the Company. We would recommend that all Guests obtain suitable insurance to cover loss or injury and you will ensure all Guests are made aware of such recommendation. This includes ‘AMREF, the flying doctors’ cover, an organisation based in Nairobi which provides air evacuation services in medical emergencies across East Africa, as well as air ambulance transfers between medical facilities. It costs very little and whilst it’s highly unlikely you’ll need to use it, it gives you total peace of mind. For those who already have travel or health insurance, it’s worth double checking what’s included in the existing policy as air evacuation may not be covered. AMREF insurance is available through www.flydoc.org. The Company shall not be obligated to make any payments in loss or injury circumstances other than as otherwise referred to in the terms and conditions above.

8. FORCE MAJEURE

a. If you have to cancel your booking due to unavoidable and extraordinary circumstances (including, but not limited to, government measures prohibiting travel, air traffic control strikes, serious adverse weather conditions making it impossible to fly, pandemic, epidemic, other serious health risks, warfare, other serious security problems such as terrorism, or natural disasters), the cancellation terms in paragraph 4 shall apply. In such circumstances, we may (acting in our sole discretion) provide you with a voucher for the value of your booking which can be used to make a booking with us at a future date.

b. If we are unable to fulfil your booking due to unavoidable and extraordinary circumstances (as described in the paragraph above), or we conclude that such circumstances mean that it is not commercially viable for us to do so, we may cancel your booking and provide you with a voucher in the value of your booking which can be used to make a booking with us at a future date. We will use all reasonable efforts to notify you of a cancellation of your booking for the reasons set out in this paragraph as far in advance of your booking as possible.

9. DATA PROTECTION

The Client confirms that where it has disclosed or is disclosing to the Company or any of its group companies, affiliates, agents, employees, directors or other officers Personal Data (as that term is defined in the General Data Protection Regulation (GDPR)), it has complied and shall comply with all applicable data protection laws.

10. OTHER

a. The Client and the Company agree that no references to confirmations and other communications between the Company and the Client in these terms and conditions shall be deemed to impose or infer any obligation on the Company to communicate directly with the Guest and/or to accept any communication from the Guest to the Company directly. It shall be the responsibility of the Client to keep the Guest reasonably informed of all developments in relation to the booking. In addition, the Client and the Company agree that no obligation of the Company to pay or refund to the Client any sums under or in connection with these terms and conditions shall be deemed to impose or infer any obligation on the Company to make any such payment or refund to the Guest.

b. The Company and the Client do not intend any of these terms and conditions to be enforceable by or confer any rights upon any person other than the Company and the Client by virtue of the Contracts (Rights of Third Parties) Act 1999.

11. ENTIRE AGREEMENT; VARIATION AND WAIVER, SEVERANCE

These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. No variation, waiver or release of these terms and conditions shall be effective unless it is in writing signed by or on behalf of each of the Client and the Company. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

12. RESPECTING PRIVACY

We put a strong emphasis on respecting the privacy of our guests and staff. You agree that your stay at Finch Hattons is solely to enjoy Finch Hattons, and you agree that you will:

• treat all other guests and anything overheard or done during the course of your stay at Finch Hattons, together with the identities of the other guests and our members of staff, as private and confidential;
• not record, photograph or quote other guests, Sir Richard Branson, or any member of the Branson family or our members of staff;
• not publish on or distribute to any public platform, including any print media, online media or social media, any photograph or video taken by you or by any guest under your control of any of our guests, members of staff, Sir Richard Branson or a member of the Branson family without prior written consent from us and those featured; and
• not in any way exploit or attempt to exploit your stay at Finch Hattons for any direct or indirect gain (whether financial or otherwise).

We shall be entitled to terminate your stay immediately if we reasonably consider that your behaviour has caused (or is likely to cause) loss, damage, or harm (including reputational) to us, Sir Richard Branson, any member of the Branson family, and/or any of our other guests or members of staff. If we terminate your stay in these circumstances, any payments made for your stay will not be refunded.

13. GOVERNING LAW

This contract shall be governed and construed according to English Law and shall be subject to the exclusive jurisdiction of the courts of England, save that the Company shall be entitled to enforce the contract against the Client in the courts of any other country in which the Client is.

14. PARK ENTRANCE FEES

Tsavo National Park fees are not included in our published room rates, and these will be charged separately unless stated otherwise. Please note, that any guests entering the Tsavo National Park will be charged park fees, which are valid for 24 hours from the time of entry. For additional hours spent in the park, guests must pay for another 24 hours. Park fees are subject to change as guided by the Kenya Wildlife Service. 

15. AMREF FLYING DOCTORS SCHEME

‘AMREF, the flying doctors’ organization based in Nairobi, provides air evacuation services in medical emergencies across East Africa, as well as air ambulance transfers between medical facilities. AMREF Flying Doctors operates 24 hours a day, 365 days a year as a vital link between remote areas and AMREF's Control Centre at Wilson Airport in Nairobi. Their aeroplanes, some fitted with operating theatres and resuscitation rooms, can take you back to Nairobi and its modern, efficient private hospitals in less than one hour. All you need to do is to subscribe to their insurance: it costs very little and whilst it’s highly unlikely you’ll need to use it; it gives you total peace of mind. For those who already have travel or health insurance, it’s worth double-checking what’s included in the existing policy as air evacuation may not be covered. To buy AMREF insurance please visit www.flydoc.org or ask your travel agent or tour operator.’