Terms & Conditions

Purple Nomad Limited, operating as Nomad Africa and its Nomad affiliates acts as a booking agent providing booking opportunities through online and offline channels. Nomad Africa arranges bookings, packages, itineraries 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 “Client” or “Clients”). 

INTRODUCTION AND GENERAL PROVISIONS

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 Nomad.Africa website and any relevant terms and conditions shall be deemed to be incorporated into your reservation and the accommodation or transportation agreement with the Supplier. 

Nomad Africa does not own or manage any of the Suppliers which are current partners of Nomad Africa. By booking through Nomad Africa, you enter into a legally binding and contractual relationship with the Supplier with whom you make a reservation. Nomad Africa provides an online reservations facility on the Nomad Africa website (through the website chat or Nomad Africa 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 Client and the Supplier. 

All information regarding rooms, facilities, products and services offered by the Supplier contained on the Nomad Africa website or otherwise available through the Reservations Facility have been provided to Nomad Africa by the Supplier. Nomad Africa 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 Nomad Africa 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 Nomad Africa, and as Nomad Africa does not control or verify the information that Nomad Africa submits to or through the Reservations Facility, Nomad Africa 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 

Quotations & Costs

Quotations are based on anticipated costs and are subject to amendment should these anticipated costs increase due to circumstances beyond the control of Nomad Africa.
Quoted prices include planning, handling and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication. Nomad Africa reserves the right to increase prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published and to reflect fluctuations in foreign exchange markets. Nomad Africa is under no obligation to give a breakdown of the costs of any journey.
A provisional booking after quotation will be valid for 14 days. A provisional booking is confirmed by payment of the deposit. Should the necessary deposit not be paid within 14 days then the provisional booking is canceled.

Deposit & Payments
50% of the confirmed total booking value for all services other than airline reservations is payable in the form of a non-refundable deposit on the date of confirmation.
100% of the confirmed total booking value of all airline reservations is payable on the date of confirmation.
The balance of the confirmed total booking value for all services other than airline reservations is payable 90 days prior to the date of arrival.
100% of the confirmed total booking value is payable at the time of confirmation for all bookings made less than 90 days prior to the date of arrival.
Deposit and payment requirements might differ depending on specialist products and or seasonality.

Cancellations and Amendments
You should make any cancellations or amendments to your reservation to Nomad Africa by email to bookings@nomad.africa. Cancellations will only be considered during the course of regular business hours. The cancellations and amendments policy that applies to your reservation will depend on the respective Supplier policy as advised at the time of booking. The cancellation will take effect when approved by Nomad Africa in writing. 
In the event an amendment to the reservation needs to be made by the Client, the Client shall immediately notify Nomad Africa in writing. Nomad Africa 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. 

The following cancellation fees will be payable if the booking is cancelled:
50% of the confirmed total booking value if the booking is cancelled more than 91 days prior to the date of arrival.
100% of the confirmed total booking value if the booking is cancelled 90-0 days prior to the date of arrival or in the case of a no-show.

Cancellation fees may differ due to specialist products and/or peak-season travel. 
Airline reservations are 100% non-refundable.

Postponements
Postponements are treated on a case-by-case basis where we try to find the best possible solution for our clients. It is possible that they will be considered the same as a cancellation.

Payment Methods
It will be necessary for the Client to provide full and final payment to secure a reservation with the Supplier. All payments are made to Nomad Africa.
Nomad Africa accepts the following methods of payment – Bank Transfer, 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 Client makes a bank transfer to Nomad Africa, or Nomad Africa provides a transfer of funds to the Client (refund or otherwise), the Client will be required to pay for all bank charges and other transaction fees that have been incurred.

Insurance
We strongly recommend suitable travel insurance is taken out to cover medical expenses, personal accidents and loss or damage to personal property or luggage.

Passports & Visas
Valid passports are required for all international destinations. Please note that clients are responsible for obtaining the required documentation applicable for entry. Please ensure you understand the visa requirements for your country. Passports must be valid for six (6) months after the return of your journey and should also have sufficient blank pages for visas and immigration stamps. Nomad Africa cannot be held responsible should you be denied entry to a country due to non-compliance with these requirements.

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

Property Prices & Rates
The prices indicated on the Nomad Africa website and telephone facility for the Suppliers are entirely subject to availability. The listed rates on the Nomad Africa 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 availability indicated on the Nomad Africa website, email and telephone facility for the Suppliers are entirely subject to change. Availability of the Suppliers continues to change on an ongoing basis. 
Nomad Africa 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 Nomad Africa website, email and Nomad Africa will confirm whether or not the Supplier is available for the requested dates. 

Refunds
In the event Nomad Africa or the Supplier, in mutual agreement, agree to make a partial refund to the Client, the Client will be liable for any bank charges in relation to such refund payments.

Overbooking
In the event that a guest cannot be accommodated due to the Supplier overbooking or an unforeseen circumstance, Nomad Africa and the Supplier will attempt to reasonably accommodate Clients. 
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 the Client consider the purchase of travel insurance. 

COVID - Cancellation or Modification
Clients 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.  Nomad Africa does not accept liability for a Clients 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 Nomad Africa.  
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 Supplier’s specific cancellation policy. Proof of a Client 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.   

CLIENT STAY AT ACCOMMODATION SUPPLIERS

Special Requests and Additional Details
Nomad Africa and the Supplier will strive to honour any request for specific food allergies, dietary requests, airport pick up or drop off times, room types or bed types and some Suppliers will confirm such arrangements at the time of reservation. Until specific confirmation is issued then requests cannot be guaranteed and neither Nomad Africa nor the Supplier can guarantee that the requests will be honoured.

Safety - Death, Injury, or Loss

The Clients agree to take reasonable precautions at the use of the Supplier. All Clients 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
Nomad Africa 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 Nomad Africa website or otherwise communicated by Nomad Africa regarding external activities has been provided to Nomad Africa by the Supplier or external provider. Such information does not constitute any endorsement or recommendation of the external service by Nomad Africa and is for general guidance only. Nomad Africa 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) Nomad Africa acts solely as an intermediary introducing Independent Suppliers. Your contract for any external activities will be made direct with the relevant Independent Supplier and Nomad Africa has no other involvement in or control over the provision of external activities. Consequently, Nomad Africa 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
Nomad Africa 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. Nomad Africa 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 Clients, or related to any activities which Clients 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 Client at the Supplier. Again, Nomad Africa assumes no responsibility for any loss or damage arising from activities at the Supplier.

Swimming
The Clients acknowledge and agree that they will swim at their own risk in any pools, lakes, dams, rivers, spas, jacuzzis, or ocean. 


Boating
If boating is available at the Supplier, the Client 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 Clients shall not permit anyone to swim, nor to operate any boat or watercraft while they are impaired by alcohol or drugs. It is the Clients responsibility to maintain a proper lookout at all times and to be aware of seasonal conditions. In this regard, the Client is advised and agrees to take all reasonable and necessary precautions which are appropriate to the season and climate conditions.

Children
Nomad Africa does not confirm with Supplier accommodations whether the grounds are suitable for children or are “childproof.” Nomad Africa accepts no responsibility or liability for such arrangements, and all reservations at a Supplier are hereby acknowledged as being made solely at the Client's own risk. Nomad Africa 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 Clients as it pertains to their children, childcare, babysitting, or issues or accidents related to their children at the Property. 

Property Damage
The Client 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 Client shall not rearrange the furniture or fixtures in the house. Full payment for any such damage or loss must be paid from the Client to the Supplier. If property damage is found after the Client’s departure, Nomad Africa reserves the right to require full payment from the Client and reserves the right to commence a claim for any outstanding amounts if required. 

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

Lost or Stolen Items
Nomad Africa 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 Client may be evicted and may be financially responsible for the 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 Client shall inquire with Nomad Africa and the Supplier regarding smoking rules. Nomad Africa 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, the Client 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 Nomad Africa shall be liable to the Client for damages, and no refunds will be given for such failures.

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

Other Occurrences
Nomad Africa 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, injuries, or other reasons beyond its control. There shall be no refunds 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 Clients hold adequate medical and travel insurance. Nomad Africa will assume that by accepting these terms and conditions all Clients possess adequate medical and travel insurance. 

CLIENT OBLIGATIONS

Client Responsibilities
The Client agrees to the terms and conditions of purchase imposed by Nomad Africa at the Supplier. The client 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 Client understands that any violation of Nomad Africa or Supplier conditions may result in the cancellation of the Client 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 Nomad Africa or Nomad Travel Club website remains with Purple Nomad Limited. Downloading, copying or otherwise using any material on the Nomad Africa website is not permitted. 

Force Majeure
Neither Nomad Africa 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 Nomad Africa 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. Nomad Africa will notify the Client as soon as practicable when it is affected by a Force Majeure. Nomad Africa 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 Nomad Africa is affected by Force Majeure it shall be entitled to, at its sole discretion, cancel or vary any arrangements or itinerary in relation to the Reservation. Payment of any refund by Nomad Africa as a result of the non-performance of any of its obligations hereunder shall remain at its sole and absolute discretion.

Travel Advisory 
Nomad Africa accepts no liability or responsibility for a Client 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 Supplier cancellation policy will apply in such circumstances. It is the Client’s responsibility to research and be up-to-date on any government regulations or travel restrictions. 

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

Limitation of Liability
Nomad Africa shall not be liable for any injuries or any damage to any Client 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 Nomad Africa, its officers, employees, or agents. The Clients hereby expressly release and discharge Nomad Africa from any and all such claims, demands, injuries, damages, actions or causes of action. Clients acknowledge that they have carefully read this paragraph and fully understand that this is a waiver and release of liability.

Limitations
Nomad Africa 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 Nomad Africa 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.
Nomad Africa 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 Client makes a booking they are confirming that they understand and have accepted all these Terms & Conditions on behalf of themselves and all Clients in the party. The Terms & Conditions apply to all Clients that use the Supplier or are invited to the Supplier accommodation as invitees of the Clients.

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.

Customer Privacy Policy:
Nomad Africa shall take all reasonable steps to protect the personal information of users.

Variation
Nomad Africa may, in its sole discretion, change this agreement or any part thereof at any time without notice.

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