BOOKING TERMS AND CONDITIONS
1. Company details
Emboo River is a lodge managed by Painted Wolves Limited. The business has its business address at P.O.Box 94-40700 Kilgoris.
You can reach us via email on firstname.lastname@example.org , telephone on +254 769 737 238 or whatsapp +254 792 478 698
2. Booking and cancellation policy
Booking requests are to be done indirectly via an official travel agent or directly via our website or email@example.com.
A non-refundable deposit of 20% is needed to confirm your booking and to hold your room;
Payment of the remaining 80% is required 60 days prior to the date of arrival;
For bookings made less than 60 days prior to arrival date full payment within 72 hours is required;
Emboo River may at its discretion, not honor a booking if payment has not been received within 60 days prior to the date of arrival;
In the event of an increase in taxes, levies, statutory charges, or any other input costs, Emboo River reserves the right to make amendments to the rates and to charge guests for this price increase; and
The park fees for the Maasai Mara National Reserve are correct at the time of writing and may change without prior notice. If guests paid park fees via Emboo River, Emboo River reserves the right to charge guests for this price increase.
Emboo River reserves the right to charge the following cancellation fees on cancellation of a confirmed booking:
Date of confirmation to 61 days prior to arrival: 20% of total reservation value, i.e. the non-refundable deposit;
60-days to date of arrival or “no show”: 100% of the total reservation value.
Note that payments are non-refundable independent of circumstances. For such situations Emboo River refers the travel agent or traveller to their own obligation to get an Insurance Policy mentioned below.
3. Various policies
Late Departure Policy
Check out time is at 10 am, regardless of the time of arrival
Check out after 10 am is possible depending on availability, so please inform Emboo River in advance
Lunch on the day of departure is available upon request and following an extra payment
Other activities on the day of departure such as game drives are available upon request and depending on availability, following an extra payment
The following applies to direct bookings by guests, and also by indirect bookings via travel agents who should advice the guests accordingly.
Guests must arrange a comprehensive insurance cover before paying the deposit for their stay at Emboo River, in order to have personal coverage against cancellation, curtailment, medical expenses, emergency evacuation, epidemic, pandemic and loss or damage of personal baggage.
Guests must keep items of value with them at all times or store them in Emboo River's safe.
Guests must sign a legally binding waiver prior to arrival at Emboo River. The waiver is shared with clients and travel agents prior to a guests' arrival. The waiver is available here.
In light of the COVID-19 situation, some extra measures need to be taken when travelling. Emboo River provides regular updates on these measures in its Frequently Asked Questions (FAQ) overview on this website. Because this is a rapidly evolving situation, the information on Emboo River's FAQ might be outdated and therefore the FAQ is not legally binding. Instead we advice all guests and travel agents to check with their airline, transit countries and final destination on the most updated travel requirements. Guests and travel agents are also advised to check for the most up to date info Kenya's Civil Aviation Authority: click here.
Emboo River has implemented extra measures that bring its cleaning policies to the next level. The measures are part of the C.L.E.A.N. Label and they allow guests to travel without any worries. You can find more information on our C.L.E.A.N. label on our website ( click here ).
Travel Plastic Free
In 2020, Kenya banned single-use plastic in the Maasai Mara National Reserve where Emboo River is located. This follows Kenya’s ground-breaking step of a nationwide ban on single-use plastic bags in 2017. Click here for tips on how to travel plastic free.
COVID-19 Flexible Rescheduling Policy
If clients are unable to travel due to travel restrictions which are linked to factors including client's country of origin, client's arrival date and client's reason for travelling, then the clients are able to enjoy the flexible rescheduling policy.
Bookings confirmed and secured with a deposit or full payment will be eligible for lenient rescheduling for travel within six months of the original travel date.
The Emboo River team will do its best to find new travel dates which suit your schedule.
Third-party accommodation and logistics are subject to their own policies, however, if those aspects had been arranged by Emboo River we will check third-party supplier policies and will advise on a case by case basis.
Once your reschedule has been approved by Emboo River, there is no cost for the rescheduling itself. However, please note that any increases in cost due to changes in travel season, park fees or third partner’s rates will be passed on to the client or agent.
Once new travel dates have been confirmed, normal Terms and Conditions will apply. Cancellation penalties will be subject to the original booking deferral date, until the moment that the new travel date takes precedent. For example: If a booking that is 30 days out changes its booking date now, the cancellation terms will be based on a 30 day cancellation until the point it becomes 29 days from travel at which point the cancellation terms will then be based on the new booking dates.
As usual, and irrespective of the COVID-19 pandemic, we advise guests to take comprehensive travel insurance.
In light of the COVID-19 situation we advise clients to consider the risk of COVID-19 and associated travel restrictions.
All rescheduling requests are to be addressed to firstname.lastname@example.org and will be evaluated by our Director of Sales on a case by case basis.
Note that if clients do not use the rescheduling policy, the normal Terms and Conditions continue to apply on the booking.
How do we use your Personal Information? We use the Order Information that we collect generally to fulfill any requests and bookings placed through the website and our email and phone accounts. Additionally, we use this Personal Information to: Communicate with you; Screen our orders for potential risk or fraud; and provide you with information or advertising relating to our products or services. We may use your Personal Information to send you newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving all or any of these communications from us by following the unsubscribe link or instructions in the communication. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our website.
Sharing your Personal Information: We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Wix as the platform for our website and Pesapal to guide our payments. We also use Google Analytics to help us understand how our customers use the Site - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Behavioural Advertisement: As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
Do not track: Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
Your rights: If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the website), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
Data retention: When you place an order or make a booking through the website, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Contact us: For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at email@example.com
5. Terms of service
This website is operated by Painted Wolves Limited. Throughout the site, the terms “we”, “us” and “our” refer to Painted Wolves Limited and the lodge which it owns, directs and manages: Emboo River. Painted Wolves Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or booking something with us, you engage in our “Service” and agree to be bound by the following "Terms of Service”, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Please read these Terms of Service. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted by Wix and our payment system is managed via Pesapal. They provide us with the online e-commerce platform that allows us to sell our services to you.
b. Online booking platform terms
By agreeing to these Terms of Service, you represent that you are legally able to make use of the Painted Wolves Limited services, including to purchase accommodation and related services with us. A breach or violation of any of the Terms will result in an immediate termination of the Painted Wolves Limited service.
c. General conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Painted Wolves Limited services, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
d. Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. It is your own responsibility to monitor changes to our site.
e. Modifications to the service and prices and the situation of Force Majeure
Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Painted Wolves Limited service.
In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of government such as travel restrictions, epidemics, strikes, equipment or transmission failure or causes reasonably beyond its control (“Force Majeure”), such party shall not be liable for damages to the other. In the event of a Force Majeure any cancellations or rescheduling of your booking shall be subject to the Cancellation Policy notified to you at the time of the booking.
The Painted Wolves Limited services are available online through the website. These services may have limited availability and are subject to cancellation only according to our Cancellation Policy (above).
We have made every effort to display and describe as accurately as possible the facilities and qualities of our service. As we are located in an isolated region and subject to elements of nature, it is possible that some of our services might be changed or placed on hold due to unforeseen circumstances. Also, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of service and their pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
g. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of services purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Cancellation Policy (above).
h. Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
i. Third-party links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
j. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
k. Personal information
l. Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
m. Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
n. Disclaimer of warranties & Limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Painted Wolves Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Painted Wolves Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
r. Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
s. Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kenya. For any legal issues, the courts of Nairobi, Kenya shall have jurisdiction.
t. Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
u. Contact information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org