NOMAD AFRICA Terms & Conditions
Nomad Africa Terms & Conditions
These Terms & Conditions set out the contractual relationship between you (the “Client”) and Purple Nomad Limited, trading as Nomad Africa (“we”, “us”, “our”). By making a reservation with us – whether by email, telephone, WhatsApp, or through our website – you confirm that you have read, understood, and accepted these terms in their entirety.
Nomad Africa operates as a travel agent, tour operator, and intermediary. We arrange bookings, packages, itineraries, and reservations with third-party accommodation and transportation providers (“Suppliers”). We do not own or manage any Supplier.
1. Key Definitions
- Nomad Africa (We, Us, Our): Purple Nomad Limited and its affiliates, acting solely as a travel agent , tour operator or intermediary.
- Client (You, Your): The person or persons making a booking and providing payment.
- Supplier: Any third-party provider of accommodation, transportation, or activities (e.g., hotels, lodges, airlines, car rental companies) arranged by Nomad Africa.
- Reservation: Any confirmed booking, package, itinerary, or service arranged through us.
2. INTRODUCTION AND GENERAL PROVISIONS
When you make your reservation, whether through email or by telephone, you will be deemed to have read, understood and accepted these terms and conditions.
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 through the Nomad Africa various channels (the Nomad Africa website or 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 Supplier rooms, facilities, products, services, descriptions, and rates is provided by the Supplier. We make no guarantee or warranty, express or implied, regarding the accuracy or completeness of this Supplier information. Suppliers may undergo renovations or repairs that affect the property after we receive their information.
3. Booking Procedure and Payments
Quotations and Pricing
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 exchange rates, 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 cancelled.
Deposit & Payments
Upon confirmation and invoicing:
- 50% of the confirmed total booking value for all services other than airline reservations is payable for bookings made more than 90 days prior to the date of arrival.
- 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.
- 100% of the confirmed total booking value of all airline reservations is payable on the date of confirmation.
Deposit and payment requirements might differ depending on specialist products and or seasonality.
Payment Methods and Fees
- All payments must be made to Nomad Africa through bank instructions provided on our invoices.
- We accept Bank Transfer, Credit Cards, and Debit Cards through our payment partners: Flywire, Pesapal, Wise or our official bank account at I&M Bank.
- Card Fee: Payments made by debit or credit card will incur an additional 3% charge per transaction.
- Bank Charges: You are responsible for all bank charges and transaction fees incurred when making a bank transfer to Nomad Africa or when receiving a refund from us.
4. Changes and Cancellations
Amendments
- All requests for amendments (e.g., changes to dates, number of guests, or rooms) must be immediately notified to Nomad Africa in writing via email to bookings@nomad.africa.
- All amendments are subject to our rejection or approval and require approval from the Supplier.
- Amendments may require an additional payment.
Cancellations
- All cancellation requests must be submitted in writing to bookings@nomad.africa and will only be processed during regular business hours. (Monday to Friday 9am to 5pm East African Time)
- The applicable cancellation policy depends on the respective Supplier and will be advised at the time of booking.
- The cancellation takes effect only when confirmed in writing by Nomad Africa.
Standard Cancellation Fees (Forfeiture of Booking Value)
Unless otherwise specified in writing at the time of booking, the following standard fees apply:
- 91 days or more prior to arrival: 50% of the total confirmed booking value is forfeited.
- 90 days or less prior to arrival, or in case of a no-show: 100% of the total confirmed booking value is forfeited.
- Airline reservations/Flight tickets/Gorilla Permits/Park Fees/ Conservancy Fees: 100% non-refundable once ticketed.
*Note:* Stricter policies may apply for specialist products, private villas, or peak-season travel.
Postponements
- Requests for postponement are treated on a case-by-case basis and may be considered the same as a cancellation, meaning the cancellation fees above may apply.
- These are mainly dependent on Supplier policies and availability on changed dates.
Refunds
- Should a partial refund be mutually agreed upon by Nomad Africa and the Supplier, you will be liable for any bank charges relating to the refund payment.
5. Travel Disruption and Unforeseen Events
Force Majeure (Beyond Our Control)
- Neither Nomad Africa nor any Supplier is liable for any change or cancellation caused by events beyond our control, including war, sabotage, terrorism, civil unrest, acts of God, natural disasters, epidemics/pandemics, fire, explosion, sickness, quarantine, or Government intervention.
- If we are affected by a Force Majeure event, we reserve the right, at our sole discretion, to cancel or modify arrangements.
- Any decision regarding a refund resulting from non-performance due to Force Majeure remains at our absolute discretion and depends heavily on the policies and cooperation of the Suppliers.
Pandemics & Travel Advisories
- Your Responsibility: You must make yourself aware of and comply with all travel advice, restrictions, and regulations (including those related to pandemics, epidemics, health, security, visas, and border closures) issued by your own government, destination countries, or transit countries.
- Liability: Nomad Africa is not liable for your cancellation, postponement, or curtailment of any booking due to travel advisories or restrictions.
- The Supplier’s cancellation policy will apply in these circumstances. In cases where a Supplier offers a credit or rescheduling, that flexibility is subject to the Supplier’s sole policy and approval.
Overbooking or Supplier Unavailability
- If a Supplier is unavailable, overbooked, or becomes uninhabitable, Nomad Africa and the Supplier will make every reasonable effort to locate and arrange substitute accommodations.
- We cannot fully guarantee reservations.
6. During Your Trip and Liability Limitations
Safety and Responsibility on Location
- You agree to take reasonable precautions while using the Supplier’s services or property.
- All Clients are fully responsible for their own safety, and that of their family, children, friends, and invitees during their stay.
- Required Insurance: It is mandatory that all Clients hold adequate medical and travel insurance to make a reservation. By accepting these terms, you confirm that all members of your party possess this adequate insurance.
Activities (Including External and On-Property)
- External Activities (Independent Suppliers): We may advertise services from independent third-party suppliers (e.g., excursions, charters). Your contract for these external activities is direct with the Independent Supplier, not with Nomad Africa.
- We provide no warranty regarding the nature, quality, or cost of external activities.
- We have no liability for the acts, errors, omissions, or negligence of any Independent Supplier. It is your responsibility to check the Independent Supplier has adequate public liability insurance for the activity.
- On-Property Activities: You and your party use any on-property activities (such as swimming, boating, game drives, fitness, etc.) at your own risk.
- Swimming: You acknowledge and agree that you swim at your own risk in any pools, lakes, rivers, or ocean.
- Boating: You are responsible for observing all regulations, ensuring safety equipment is present, and ensuring compliance with operator licensing requirements. You must not permit anyone to operate a boat while impaired by alcohol or drugs.
- Children: We do not confirm or guarantee that Supplier accommodations are “childproof” or suitable for children. All arrangements concerning children, childcare, or babysitting are at the Client’s own risk.
Limitation of Our Liability
- Disclaimer Scope: To the fullest extent permitted by the laws of the Republic of Kenya, Nomad Africa shall not be liable for any injury, damage, loss, or expense arising from or in connection with the services provided by the Supplier, including activities.
- Exclusion of Consequential Damages: We are not liable for any consequential damages, loss, or expense arising from activities or related facilities used at the Supplier.
- Waiver of Claims: You expressly release and discharge Nomad Africa, its officers, employees, and agents from any claims, demands, injuries, damages, actions, or causes of action arising from the Supplier’s services, including claims related to acts of passive negligence on the part of Nomad Africa. This is a waiver and release of liability to the extent permissible by law.
Property and Stay Conditions
- Property Damage: You must keep the accommodation and all furniture, fixtures, and effects in the same condition as at the start of your stay. You must not rearrange furniture. You are financially responsible for any damage or loss caused by your party, payable directly to the Supplier. Nomad Africa reserves the right to seek full payment for damage discovered after departure.
- Amenity Failure: Neither the Supplier nor Nomad Africa is liable for damages or refunds resulting from the failure of any system or amenity (e.g., water, electrical, plumbing, heat pump, pool/hot tub, etc.). The Supplier will make every reasonable effort to repair or replace the failed system.
- Lost/Stolen Items: Nomad Africa bears no responsibility for items lost, stolen, or abandoned at the Supplier.
- Smoking: You must inquire with Nomad Africa and the Supplier regarding smoking rules. If you are evicted or incur damage costs due to unauthorized smoking, you are financially responsible.
- Security: You must ensure the security of the property by locking doors and windows when prudent, and always when the property is vacated.
- Indemnification Form: Nomad Africa and the Property reserve the right to require you to sign an additional disclaimer or indemnity form against potential injury or loss during your stay.
7. General Provisions
Client Complaints
- Immediate Notification is Critical: If you have a complaint at the Supplier, you must immediately notify both Nomad Africa and the Supplier in writing (via email to bookings@nomad.africa) so the situation can be addressed immediately.
- Consequence of Delay: If you fail to report a problem immediately during your trip, Nomad Africa or the Supplier may be unable to fix the problem or provide an adequate solution. Therefore, Nomad Africa may not be held responsible for complaints submitted upon completion of your stay.
- Early Departure: No refunds will be paid for any early departure made by the Clients for any reason.
Other Occurrences
Nomad Africa is not liable for loss or damage caused by circumstances beyond its control, including natural disasters, pests, construction disturbances, or ruined expectations. No refunds will be given for shortened stays or departures due to emergencies.
Governing Law
These Terms and Conditions are governed by the laws of the Republic of Kenya. The courts of Kenya shall have exclusive jurisdiction over any related dispute.
Intellectual Property
Any copyright and intellectual property in the content on the Nomad Africa or Nomad Travel Club website remains with Purple Nomad Limited. Downloading or copying this material is not permitted.
Changes to Terms
Nomad Africa may change these terms or any part of this agreement at its sole discretion at any time without prior notice.
Contact
For any queries regarding these terms, please email: bookings@nomad.africa.