Terms & Conditions

Nomad Travel Club Booking Terms & Conditions

Purple Nomad Limited, operating as the Nomad Travel Club and its Nomad affiliates (hereafter referred to as “NTC”) acts as a booking agent providing booking opportunities through its online booking platform. NTC arranges bookings and reservations for accommodation and transportation providers (hereafter known as the “Supplier” or “Suppliers”). The person or persons who provide payment on account of a reservation or booking (hereafter referred to as the “Guest” or “Guests”). 

INTRODUCTION AND GENERAL PROVISIONS
Your booking request and reservation made with a Supplier associated with NTC will be subject to these terms and conditions set out below.

When you make your reservation, whether online or by telephone, you will be deemed to have read, understood and accepted these terms and conditions.

When you make your reservation, you will be also deemed to have read, understood and accepted the terms and conditions for using the NTC website (which shall mean Nomad.Africa or any related Nomad web pages accessible from it) and any relevant terms and conditions shall be deemed to be incorporated into your reservation and the accommodation or transportation agreement with the Supplier. 

NTC does not own or manage any of the Suppliers which are current partners of NTC. By booking through NTC, you enter into a legally binding & contractual relationship with the Supplier with whom you make a reservation. NTC provides an online reservations facility on the NTC website (through the website chat or NTC bookings email) and a telephone facility (through whatsapp or verbally on the telephone) for making reservations with Suppliers (together called the “Reservations Facility”), as an independent service provider and acts solely as an intermediary between the Guest and the Supplier. Accordingly, your reservation and the accommodation or transportation agreement is made directly with the Supplier of your choice and your use of the Reservations Facility will not result in any contractual relationship between you and NTC.
All information regarding rooms, facilities, products and services offered with the Supplier contained on the NTC website or otherwise available through the Reservations Facility has been provided to NTC by the Supplier. NTC does not make any representation or warranty, express or implied, of any kind with respect thereto. Such information may be inaccurate as a result of renovation or repair at the Supplier. The NTC website may also contain typographical errors or omissions  with respect to the supplier description, photographs, amenities, or rates. 

As there will be no contractual agreement between you and NTC, and as NTC does not control or verify the information that NTC submit to or through the Reservations Facility, NTC shall not be liable to you for:
(i) the accuracy or completeness of any Supplier information provided to or through the Reservations Facility including, without limitation, the availability or price of rooms, vehicles or flights, facilities, products or services, or for any other errors or omissions of Suppliers; or
(ii) any failure or delay beyond its control in the transmission of any data submitted to or through the Reservations Facility including, but not limited to, the details of your reservation or changes to or cancellation of your reservation, in each case to the fullest extent permitted under applicable laws.

BOOKING PROCEDURE AND POLICIES 
Online reservations
The NTC Reservations Facility enables you to submit an online or telephone reservation request via NTC to the Supplier of your choice. Any reservation bookings on the telephone must be backed up by a written email for it to be valid and confirmed. On completion of the reservation process, the NTC will transmit an email confirmation of your reservation depending on availability of the Supplier. A reservation is only valid when a reservation confirmation has been issued. NTC does not accept bookings, on other platforms or social media, including Facebook, Instagram, Linkedin or other digital platforms. 

Property Prices and Rates
The prices indicated on the NTC website and telephone facility for the Suppliers are entirely subject to availability. The listed rates on the NTC website, email or telephone facility are subject to change without notice. The rates may also differ from the time of the initial inquiry to booking confirmation. 

Property Availability
The prices indicated on the NTC website, email and telephone facility for the Suppliers are entirely subject to availability. Availability of the Suppliers continues to change on an ongoing basis. 
All bookings requests that come through NTC are booking requests only. They are not immediate bookings and depend entirely on availability of Suppliers. NTC provides no guarantee that Suppliers will be available for a particular date or time. Inquiring users will make a “request to book” inquiry on the NTC website, email and NTC will confirm whether or not the Supplier is available for the requested dates. 

Number of Guests and Occupancy for Accommodations
The number of Guests staying overnight and during the day at the Supplier shall not exceed the number of guests listed on the NTC booking confirmation, without prior authorization from the Supplier. Guests who contravene the maximum numbers of adults and children (individuals 18 years old and older at considered adults) permitted at each Supplier could be subject to immediate eviction without refund. NTC will abide by the Suppliers policy as it pertains to over occupancy. 
There shall be no camping, tenting, or otherwise placing auxiliary accommodation facilities of the Supplier without prior written authorization.

The Guest shall disclose the number of all Guests including adults, children and infants, and the exact ages of any children and infants (under 18 years) must be specified by the Guest in writing at the time of booking. Rates for children may differ depending on the particular Supplier rules and regulations.

Additional Guests
All Guests staying at the Supplier must be listed in the initial reservation request. Additional Guests invited to the property overnight or during the day must be approved and disclosed to the Supplier and NTC ahead of time. Any additional guests added to the reservation will likely incur additional charges. No parties or events will be permitted at the Supplier without prior written consent from the Supplier. 

Kenyan/East African Residents
Prior to booking the Guest must disclose whether the Guest or Guests are residents or non-residents in Kenya and/or East Africa. Depending on resident or non-resident status, accommodation rates and/or conservancy fees vary. NTC reserves the right to require proof of residency from all Guests, if applicable and whether it is required by the Supplier. Proof of residency can be provided in the form of a passport copy, or other identification documents. Proof of residency may be required before arrival at the Supplier, or upon arrival at the property. NTC will abide by all resident/non-resident policies from the Supplier. 

Confirmation
In the event a Supplier is available for a booking request that has been made, NTC will proceed with the booking process by sending confirmation and invoice to the Guest by email. The invoice will specify the Property, dates of stay, number of Guests, total cost of stay, along with other relevant information.
The accuracy of this confirmation and invoice is entirely reliant on the Guest. In the event any information is incorrect, the Guest should notify NTC immediately to make the required changes and alterations (dates, rate, number of guests, or otherwise). NTC will not accept any liability for any inaccuracy in any booking document if not corrected by the Guest.

Rate and Reservation Validity
NTC and Suppliers retain official records of reservation transactions, including details of dates of stay and room, dates of travel and flights or vehicle transport, rates, and number of guests. In the event of discrepancies, alterations, modifications, or variations between this confirmation and our official records, NTC’s official records shall prevail. Tampering with this confirmation to alter any room, transport, product or service rate or any other reservation information is strictly prohibited and will have legal consequences.

Payment
It will be necessary for the Guest to provide full and final payment to secure a reservation of the Supplier. All payments are made to NTC. 

Rates are subject to change and no refunds are given in the event advertised supplier rates are reduced or discounted. If a discrepancy arises between information or rates quoted verbally, on the website, email or otherwise, the rate on the reservation will prevail. In the event incorrect information or rates are quoted due to a typographical or any other error, NTC shall have the right to refuse, cancel or limit any reservations listed incorrectly, whether or not a reservation confirmation has been sent.

NTC accepts the following methods of payment – Bank Transfer, M-Pesa, Credit and Debit Cards. When payment is made by debit or credit card, an additional charge of 3% per transaction will be incurred. When a Guest makes a bank transfer to NTC, or NTC provides a transfer of funds to the Guest (refund or otherwise), the Guest will be required to pay for all bank charges and other transaction fees that have been incurred.

Upon confirmation provided by NTC, the full payment for the entire booking must be made within 48 hours of NTC’s confirmation invoice. No booking will be officially confirmed with NTC or the Supplier until the full and final specified payment has been received by NTC and has been confirmed in writing by NTC. The availability of a Supplier over the “request the book” dates cannot be guaranteed until full and final payment has been received and confirmed by NTC. In the event payments are not received within 48 hours, NTC may consider the “booking” canceled by the Guest. 

Discounts or Discount Codes
Payment must be paid in full at the time of booking and is non-changeable and non-refundable. Any discount offers cannot be combined with any other promotion. The discount only applies with participating Suppliers and on reservations made within the promotional period and cannot be applied on existing bookings. This offer is strictly subject to Supplier availability during the promotional period and may be withdrawn by NTC at any time before the advertised book by time and date. 

Currency
Reservations will be charged in either Kenyan Shillings or US dollars, as shown on the NTC website or given over the telephone at the time of booking. The price shown may be based on that day’s exchange rate. Any currency conversion on the NTC website is for guidance purposes only. A foreign currency transaction may incur additional charges which will be added to the invoice. The Guest will be required to pay for any and all bank charges and transaction fees incurred, regardless of the currency. 

The currency will be outlined in  the NTC confirmation invoice, and the final price of the booking will be specified in the appropriate currency on the issued invoice. Payments must be made in the currency specified on the invoice. 
A refund of a deposit or prepayment, if any, will be subject to the exchange rate applied at the time of any such refund, and may differ from the exchange rate applied at the time such deposit or prepayment was made.
Rate Requirements
As some rates have special requirements at check-in, you should verify that you qualify for the rate that you have reserved. NTC is not obligated to honour this rate if you do not qualify or do not have proof of qualification.

Age Requirements
The person making the reservation must be of 18 years of age or older. NTC reserves the right to reject a reservation inquiry based on the age requirements.  

Minimum Stay and Early Departure
Some Supplier accommodations have an early departure penalty fee and some Suppliers may also require a minimum stay. NTC will abide by Supplier policies in this regard. 

Check-In and Check Out
The specific check-in and check-out times for Guests will depend on the Supplier where the Guest has a reservation. Check-in and check-out times posted on the website may differ. 

Cancellations and Amendments
Cancellation policy: 100% non refundable. In the event of cancellation, if the property allows for postponement, then we will honor their postponement policy. In the event that postponement is not possible by the supplier, NTC will not be held liable.

*All flight and SGR bookings are non-refundable.

You should make any cancellations or amendments to your reservation to NTC by email to bookings@nomad.africa.  Cancellations will only be considered during the course of regular business hours. The cancellation will take effect when approved by NTC in writing. 

In the event an amendment to the reservation needs to be made by the Guest, the Guest shall immediately notify NTC in writing. NTC reserves the right to reject any amendments or modifications, and shall seek approval from the Supplier before allowing such amendments. Amendments could include but are not limited to, an increase in the number of guests or rooms. Amendments may also require additional payment as applicable. All modifications or amendments will require NTC to obtain approval from the Supplier before confirming such changes with the Guest. 

Overbooking
In the event that a guest cannot be accommodated due to the Supplier overbooking or an unforeseen circumstance, NTC and the Supplier will attempt to reasonably accommodate Guests. 

Reservations Are Not Fully Guaranteed
If for any reason, the Supplier is not available or becomes unavailable or uninhabitable for the reservation dates, every effort will be made to locate substitute accommodations. It is highly recommended that guests consider the purchase of travel insurance. 

COVID - Cancellation or Modification
Guests should make themselves aware, before making a booking, of any relevant travel advice issued by their own government as it pertains to COVID regulations or protocols.  The NTC does not accept liability for a Guests cancellation or curtailment of any booking due to COVID travel advisory or restrictions, whether this is issued before or after a booking is made.  Such advisories or restrictions may prohibit travel to certain countries or regions due to insecurity, epidemic, pandemic, or other reasons beyond the control of the NTC.  

In the event a booking is cancelled or modified as a result of COVID, the cancellation policy of the Supplier where the booking was made will apply. Such policies may include the ability to reschedule, or may provide credit options depending on the Owner’s specific cancellation policy. Proof of a Guest booking being affected by COVID could be required in document form. The Supplier cancellation policy may not account for reasons such as COVID, and in this event, the Property’s regular cancellation policy will apply.   

GUEST STAY AT ACCOMODATION SUPPLIERS
Special Requests and Additional Details
Relevant details relating to the Reservation must be confirmed by you directly with the NTC or Supplier including, for example, food allergies, airport pick up and drop off times, etc.
NTC will strive to honour any request for specific room types or bed types and some Suppliers will confirm such arrangements at the time you make your reservation. Until specific confirmation is issued then your request cannot be guaranteed and neither NTC nor the Supplier can guarantee that your request will be honoured.

Pets
If you plan to travel with your pet, the Guest must confirm directly with NTC or the Supplier that the Supplier does accept pets. Many Suppliers do not allow pets on the premises, and Guests shall abide by this policy. NTC accepts no responsibility for the pet policy at any individual Supplier. Specific pet policies may require a damage/cleaning deposit at the time of check-in which may be non-refundable.

House Rules
The Guest agrees to read and abide by the Household Rules if provided by the Supplier.  Any breakage or damage to inventory, equipment, furniture, or any other part of Supplier property, above and beyond normal “wear and tear” may result in additional charge to the Guests. All House Rules documents shall be considered to be an extension of these Terms and Conditions and the Guest shall abide by all instructions and information contained therein. 


Subletting
The Guest shall not sublet the property.


Safety - Death, Injury, or Loss
The Guests agree to take reasonable precautions at the use of the Supplier. All Guests are fully responsible for their own safety and that of their family, friends, children, and invitees during the course of their stay at the Supplier. 


External Activities
The NTC or the Supplier may advertise the opportunity to purchase products or services from independent third party suppliers (“independent suppliers”) including, by way of illustration only and without limitation, excursions, activities, boat charters, snorkeling, scuba diving (“external activities”). The following provisions apply to all external services:
(i) All information on the NTC website or otherwise communicated by NTC regarding external activities has been provided to NTC by the Supplier or external provider. Such information does not constitute any endorsement or recommendation of the external service by NTC and is for general guidance only. NTC makes no representation or warranty, express or implied, as to the nature, quality, cost or any other aspect of the external activities and it is your responsibility to check all relevant details of the external activities with the independent supplier prior to purchase or booking.
(ii) NTC acts solely as intermediaries introducing independent suppliers. Your contract for any external activities will be made direct with the relevant independent supplier and NTC has no other involvement in or control over the provision of external activities. Consequently, NTC will have any liability to you for the warranties, representations, acts, errors, omissions, breaches or negligence of any independent supplier or for any accidents, personal injuries, death, loss of or damage to property or any other losses, damages, costs or expenses resulting, directly or indirectly, from your purchase or use of any external activity, to the fullest extent permitted under applicable laws.

It is your responsibility to check that, where appropriate, the independent supplier has adequate public liability insurance for the external activity and/or to ensure that you and any dependents or associates using the external activity have adequate personal insurance cover against all foreseeable risks.


Activities
NTC will not be liable for any consequential damages, loss or expense arising out of or in connection with activities or related facilities used at the Supplier. NTC accepts no responsibility or liability for any death, injury or loss, or loss of or consequential loss or damage to their property suffered by any Guests, or related to any activities which Guests shall use at their own risk, including but not limited to, sports, fitness, exercise, horse riding, bush walking, game drives, wildlife viewing, kayaking, kiteboarding, fishing, swimming, sports, boating, wildlife viewing or encounters, tree-climbing, or any other activity that may be available to the Guest at the Supplier. Again, NTC assumes no responsibility for any loss or damage arising from activities at the Supplier.


Swimming
The Guests acknowledge and agree that they will swim at their own risk in any pools, lake’s, dam’s, river’s, spa’s, jacuzzi’s, or ocean. 


Boating
If boating is available at the Supplier, the Guest acknowledges that they are responsible for ensuring all boating regulations are observed, for having required safety equipment in the watercraft, and for complying with operator competency and licensing requirements. The Guests shall not permit anyone to swim, nor to operate any boat or watercraft while they are impaired by alcohol or drugs. It is the Guests responsibility to maintain a proper lookout at all times and to be aware of seasonal conditions. In this regard, the Guest is advised and agrees to take all reasonable and necessary precautions which are appropriate to the season and climate conditions.


Children
The NTC does not confirm with Supplier accommodations whether the grounds are suitable for children or are “childproof.” NTC accepts no responsibility or liability for such arrangements, and all reservations at a Supplier are hereby acknowledged as being made solely at the Guests own risk. NTC accepts no responsibility or liability for any death, injury or loss, or loss of or consequential loss or damage to their property, suffered by any Guests as it pertains to their children, childcare, babysitting, or issues or accidents related to their children at the Property. 

Disturbances or Illegal Activity
Guests shall behave in a civilized manner and shall be good neighbors, respecting the rights of the surrounding neighbors, and shall not create noise or disturbances that interfere with the quiet enjoyment of their property. Outdoor noise, or noise carrying outside from inside the home should be kept to a minimum regardless of the hour. Any use of the unit for any unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons underage, house parties or other events, or use of common areas in a manner contrary to the provisions of this agreement or the rules of the Supplier, are prohibited.

Property Damage
The Guest shall keep the holiday accommodation and all furniture, fixtures, chattels, fittings, and effects in or about the Supplier in the same state of repair and condition as at the commencement of the holiday, and shall leave the Supplier in the same general order in which it was found.The Guest shall not rearrange the furniture or fixtures in the house. The Guest accepts full responsibility for any damage or loss caused they may cause to or at a Supplier.  Any and all Supplier damage that occurs at the hand of the Guest, full payment for any such damage or loss must be paid to the Supplier. If property damage is found after the Guest’s departure, NTC reserves the right to require full payment from the Guest, and reserves the right to commence a claim for any outstanding amounts if required. 

Parking
Guests are advised that in many high density beach communities, parking is at a premium and garages and parking spaces can be smaller than normal. No refunds will be given if vehicles do not fit in designated spaces. Please verify parking requirements with NTC or Supplier ahead of time if parking is required. 

Security
Guests shall see to their own security by locking doors, windows, garage doors, when prudent to do so, and always when all Guests are absent or the property is vacated.

Lost or Stolen Items
NTC bears no responsibility for lost or stolen, or abandoned items at the Supplier. 

Smoking
Smoking may or may not be allowed on the premises. If smoking does occur on the premises where it is not allowed, the Guest may be evicted and may be financially responsible for all damage caused by the smoking including, but not limited to, stains, burns and the cost of odor remediation and removal and replacement of damaged property. The Guest shall inquire with NTC and the Supplier regarding smoking rules. NTC will abide by all smoking rules put in place by the Supplier. 

Amenity or Furnishing Failures
In the event the Supplier sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, furnishings or amenities, the Supplier will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to permit the Supplier or its service provider to have reasonable access to the property to inspect and make such repairs. Neither the Supplier nor NTC shall be liable to Guest for damages, and no refunds will be given for such failures.

Guest Complaints 
In the event of a Guest complaint at the Supplier, it is the Guests responsibility to immediately notify NTC and the Supplier in writing via email so that NTC and/or the Supplier can begin to address the situation immediately. If the Guest does not report any complaint or problem immediately during the course of their stay, NTC or the Supplier cannot fix the problem or provide an adequate solution to the concern. NTC will not accept any responsibility for complaints upon completion of the Guest’s stay.

In order to address any problems at the Supplier, the Supplier may require access to applicable staff or ownership. No refunds will be paid in respect of any early departure made by the Guests for any reason.

Other Occurrences
NTC does not accept liability for any loss or damage caused by but not limited to the following: weather conditions, natural disasters, pests, construction disturbances, acts of God, accidents, or injuries, or other reasons beyond its control. There shall be no refunds as a because of shortened stays, ruined expectations, or departures due to work and family emergencies, or any other reasons. 

Travel and Medical Insurance
In order to make a reservation at a Supplier it is required that all Guests hold adequate medical and travel insurance. NTC will assume that by accepting these terms and conditions all Guests possess adequate medical and travel insurance. 

GUEST OBLIGATIONS
Guest Responsibilities
The Guest agrees to the terms and conditions of purchase imposed by NTC at the Supplier. The Guest also agrees that they are fully responsible and shall pay for all charges, fees, duties, taxes, assessments and other amounts arising out of the reservation when due, including additional taxes and fees that may not be included in the quoted rate.
The Guest understands that any violation of an NTC or Supplier conditions may result in cancellation of the Guest reservation and the forfeiture of any monies paid for such reservation and a Supplier debiting your account for any costs it incurs as a result of such violation.

Intellectual Property Rights
Any copyright and other intellectual property in the content and materials on the NTC or Nomad Africa website remains with Purple Nomad Limited. Downloading, copying or otherwise using any material on the NTC website is not permitted. 

Force Majeure
Neither NTC nor any Supplier will be liable for any change or cancellation of any reservation that is caused, in whole or in part, by events, occurrences, or causes beyond the control of NTC or any Supplier. Such events, occurrences, or causes include, without limitation, war or threat of war, sabotage, terrorist activity, civil disturbance, or requisition, acts of God, fire, accident, flood or explosion, sickness, quarantine, Government intervention, weather conditions or other untoward occurrences. NTC will notify you as soon as practicable when it is affected by a Force Majeure. NTC shall not be deemed to be in breach of the reservation or these conditions or otherwise be liable to you, by reason of delay in performance, or by nonperformance of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. If NTC is affected by Force Majeure it shall be entitled to, on its sole discretion, cancel or vary any arrangements or itinerary in relation to the Reservation. Payment of any refund by NC as a result of the non-performance of any of its obligations hereunder shall remain its sole and absolute discretion.

Travel Advisory 
NTC accepts no liability or responsibility for a Guest cancellation or curtailment of any booking due to such a travel advisory or restriction, regardless of the time when the booking or advisory was made. The Supploer cancellation policy will apply in such circumstances. It is the Guests responsibility to research and be up-to-date on any government regulations or travel restrictions. 

Agency
It is mutually understood and agreed that NTC is acting as a booking agent only for the Supplier and has no liability to either party for the performance of any terms, the premises of this agreement. Furthermore, the Guest understands NTC is being compensated in this transaction by the Supplier and is contractually obligated to protect the interest of the same. 

Indemnification Form
NTC and the Property reserve the right to require the Guests to sign a disclaimer or indemnity form indemnifying NTC and Supplier against any potential injury or loss suffered by the Guest during their stay at the Supplier. 

Limitation of Liability
NTC shall not be liable for any injuries or any damage to any Guest or be subject to any claim, demand, injury, or damages, whatsoever, including without limitation, those damages from acts of passive or active negligence on the part of NTC, its officers, employees, or agents. The Guests hereby expressly release and discharge NTC from any and all such claims, demands, injuries, damages, actions or causes of action. Guests acknowledge that he/she has carefully read this paragraph and fully understands that this is a waiver and release of liability.


Limitations
NTC is not responsible for communication malfunctions, failures, difficulties or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications to the fullest extent permitted under applicable laws. Further, neither NTC nor the Supplier nor any other providers of products or services related to the Reservations Facility are responsible for incorrect or inaccurate entry information, whether caused by user(s), by any of the equipment or programming associated with the Reservations Facility, or by any technical or human error that may occur in the processing of any information related to the Reservations Facility and shall not be liable for damages resulting from any of the foregoing to the fullest extent permitted under applicable laws .

NTC may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

Terms and Conditions
It is hereby understood that when a Guest makes a booking he/she is confirming that he/she understands, and has accepted all these Terms & Conditions on behalf of him/herself and all Guests in the party. The Terms & Conditions apply to all Guests that use the Supplier, or are invited to the Supplier accommodation as invitees of the Guests.

Governing Law
These Terms and Conditions are governed by the laws of the Republic of Kenya and the courts of Kenya shall have exclusive jurisdiction in relation to any dispute in relation thereto.

Contact Details
Any queries arising from these Reservations Terms and Conditions should be sent by email to: bookings@nomad.africa