MARA NOMADS TERMS AND CONDITIONS OF SERVICE

(A) Thank you for travelling with the Mara Nomads Limited (“the Mara Nomads”). Our services, trips, tours, expeditions, activities and events (“Tours”) are provided to you subject to these terms and conditions (“Terms and Conditions”). References to the Mara Nomads includes (where the context permits) our directors, employees, agents, contractors suppliers and its WhatsApp groups, and these terms (including exclusions from liability) apply to their benefit.

(B) The Terms and Conditions of Mara Nomads apply to all participants of its Tours, their passengers, and members of Mara Nomads' WhatsApp groups. These WhatsApp groups are proprietary to Mara Nomads and are intended for sharing confidential and proprietary information. By participating in a Mara Nomads Tour and/or being a member of any Mara Nomads' WhatsApp groups, you acknowledge that the WhatsApp groups are not public forums and agree to maintain the confidentiality of all information shared within these groups. Unauthorized sharing or use of such information is strictly prohibited and may result in penalties as outlined in these Terms and Conditions.

1. AUTHORITY, WARRANTIES AND ACKNOWLEDGEMENTS

1.1 These terms (including the exclusion of liability) bind you and all persons travelling with you in your vehicle or participating in the Mara Nomads’ Tours and events, including the participants you mentioned to the Mara Nomads. You warrant that you have the authority to enter into this agreement on behalf of those persons, including any minors. Without limiting the generality of the foregoing you warrant that you have the authority to give the releases and indemnities set out in this Agreement on behalf of those persons.

1.2 You warrant that all information provided by you in the Mara Nomads is complete and true and accurate.

1.3 The Mara Nomads makes every effort to operate all Tours as advertised however you acknowledge that:

(a) The Mara Nomads operates Tours in remote areas and reserves the right to amend, vary, re-route, or cancel when in its best judgement, security situation, political situation, road conditions, climate, or other circumstances deem it to be necessary.

(b) The Mara Nomads does not guarantee exact arrival and departure times or days.

(c) At the discretion of The Mara Nomads, a Tour may not proceed if minimum numbers are not achieved. The Mara Nomads shall advise participants as soon as possible should the Tour not proceed under this clause.

1.4 You acknowledge and agree that:

(a) Participation in any Tour organised by The Mara Nomads is voluntary.

(b) No pets or firearms or psychotropic drugs are permitted on any Mara Nomads Tour.

(c) All bookings made with The Mara Nomads are subject to the terms and conditions and limitations and liability imposed by the other suppliers, some of whom limit or exclude liability in respect to death, personal injury or delay.

(d) Unless required by law or otherwise expressly agreed in writing by The Mara Nomads, no refunds are payable and no claims may be made if you do not complete the Tour regardless of the reason.

(e) You must comply with the directions, advice, safety guidelines, legal requirements and instructions as communicated by Mara Nomads staff to you prior to and while undertaking the Tour and for matters related to the Tour, as well as any applicable laws and regulations in the jurisdictions where the Tour takes place.

(f) Driving or operating a vehicle while intoxicated in a Mara Nomad’s trip is not allowed and will lead to immediate expulsion from the trip without refund.

(g) Participation on the Tour involves group interaction with other participants and The Mara Nomads and you agree to at all times act decently and with respect to other participants and The Mara Nomads. You must not cause or create any nuisance to other participants, The Mara Nomads, locals, our accommodation hosts or the general public.

(h) You must act respectfully towards other participants, locals and Mara Nomads staff. Any form of abuse, harassment, drunkenness, violence, incitement, unlawful behaviour or deviation from instructions/itinerary as communicated by Mara Nomads will lead to immediate expulsion from the trip without refund.

(i) We may cancel your participation in the Tour at any time, without liability, if you breach these terms.

1.5 The Mara Nomads may suspend or cancel your participation or continued participation on the Tour if there are reasonable grounds for The Mara Nomads to do so.

2. MEDICAL MATTERS

2.1 The Mara Nomads is not liable for the sickness or injury of any Tour participant.

2.2 You warrant that you do not have any pre-existing medical condition or disability (including those disclosed on the Mara Nomads) which will impact on or prevent you from participating in or completing the Tour. It is your responsibility to ensure that you are medically capable of completing the Tour.

2.3 Tours are carried out in areas with limited medical services. You hereby authorise The Mara Nomads to take such action as is necessary (but without any obligation on The Mara Nomads to do so) for the provision of medical services at your cost, including but not limited to, the arrangement of any medical evacuation service by air or road, the attendance of any doctor, nurse, paramedic or ambulance officer and any necessary hospital service. You must pay the costs on time to the provider of the services or reimburse The Mara Nomads within seven days of demand.

2.4 You are not entitled to any refund for any part of the Tour that you miss due to sickness, illness or injury or due to other circumstances outside the control of The Mara Nomads.

3. VEHICLE MATTERS

3.1 You acknowledge that the terrains traversed during Mara Nomads Tours are often rugged and challenging. These conditions may cause significant strain on vehicles and affect the overall comfort of the participants. By participating, you unconditionally accept these risks and understand that Mara Nomads cannot be held liable for any discomfort or vehicle damage that may arise from the demanding nature of the expedition terrain.

3.2 You must carry valid:

(a) vehicle and travel documents, including passports, visas and health certificates, as required by the destinations;

(b) insurance covering accidents, medical emergencies and vehicle-related incidents during the expedition; and

(c) necessary safety gear as advised to you by the Mara Nomads, including radios for communication, strong recovery rope, two d-shackles, well-equipped first aid kit, 1kg fire extinguisher, two warning triangle signs, full-size spare tire, tools and spare parts as necessary.

3.3 In case of an emergency, follow the instructions provided by Mara Nomads staff. Ensure you have access to emergency contacts and necessary supplies.

3.4 Should your vehicle break down, The Mara Nomads will use reasonable endeavors to assist with the recovery of the vehicle although is not obliged to do anything that would jeopardise the safety of any person or pose risk to property of The Mara Nomads. The Tour price does not include the cost of any vehicle repairs, recovery and towing expenses or any other third party costs that may be incurred by you in order to continue the Tour or to return home.

3.5 You warrant that all drivers of the vehicle:

(a) Hold a valid open and unrestricted driver’s licence that permits operation of the class of your vehicle.

(b) Are responsible for your vehicle and the persons in that vehicle and acknowledge that the driver is required to demonstrate a duty of care to all other road users, members of the public and other Tour participants.

(c) Will be liable for any traffic offences incurred during the Tour in relation to your vehicle.

3.6 You are responsible for the maintenance and repair of your vehicle during the Tour. This includes regularly checking batteries, water and oil levels, tyre pressures and air filters. Mara Nomads shall not be held liable for any vehicle breakdowns or related issues that may occur.

3.7 If The Mara Nomads arranges or facilitates the hire of vehicles or other equipment for a participant, then the contract and terms and conditions for use of that equipment is between the participant and the supplier of the vehicles or other equipment or goods.

3.8 You are responsible for properly loading your vehicle and for taking proper precautions for the safe carriage of your load including dangerous goods like gas cylinders. You must ensure that you comply with all manufacturers’ recommendations for the carrying of loads including trailers.

3.9 The Tours are undertaken primarily on rough, unsealed roads through varying terrains including sand, gravel, mud and river crossings and are challenging, self-sufficient four-wheel-drive offroad (“4WD”) experiences that traverse remote areas. You warrant that:

(a) All drivers of your vehicle have sufficient driving experience and expertise to safely drive in those conditions and to maintain the pace of the Tour;

(b) Your vehicle is capable of handling those conditions and able to be driven at the pace of the Tour; and

(c) Your vehicle is roadworthy and will at all times during the Tour be compliant with the laws of Kenya or the countries the Tour will be held in. Acceptance of your booking is not deemed to be an endorsement by The Mara Nomads of the drivers or vehicles specified by you in the Mara Nomads.

3.10 Vehicle Breakdown and Recovery:

(a) Acceptance of Risk: By participating in Mara Nomads’ Tours, you acknowledge and accept the inherent risks associated with taking your vehicle on expeditions in remote and rugged locations. In the event of a vehicle breakdown, you agree that Mara Nomads shall not be liable for any damages, loss, or inconvenience resulting from the breakdown or the inability to recover the vehicle promptly due to the remoteness or difficulty of access to the location.

(b) Special Note for CVT and Sensitive Vehicles: If your vehicle is equipped with Continuously Variable Transmission (“CVT”) or other similarly sensitive components that may require special handling, such as being carried by a recovery vehicle rather than towed, you accept the additional risks specific to such vehicles. You acknowledge that, in some cases, a recovery vehicle may not be able to safely reach the breakdown site or may only reach it at significant cost, which you accept as your responsibility.

(c) Recovery and Towing Decisions: In the event that your vehicle breaks down, Mara Nomads reserves the right to make the final decision regarding whether the vehicle will be left at the place where it broke down or towed to the nearest safe location. Mara Nomads shall not be held liable for any damages or loss resulting from such decisions, including but not limited to, damages that occur while towing or leaving the vehicle in situ.

(d) CVT and Sensitive Vehicles: For CVT or other sensitive vehicles that require special handling, Mara Nomads will assess the situation, but you accept the risk that appropriate recovery vehicles may be unavailable or delayed. In such cases, Mara Nomads' decision regarding recovery efforts shall be final, and Mara Nomads shall not be held liable for any damages resulting from towing or leaving the vehicle at the breakdown site.

(e) Responsibility for Costs: Any costs associated with the recovery, towing, or safe removal of your vehicle shall be the sole responsibility of the vehicle owner. Mara Nomads will not cover or reimburse any such expenses, and you agree to bear the full financial responsibility for these costs, including any additional costs related to accessing remote locations or requiring specialized recovery vehicles.

(f) Limited Assistance Clause: Mara Nomads may, at its sole discretion, assist in arranging for recovery or towing services. However, any assistance provided by Mara Nomads is a courtesy and does not constitute an assumption of responsibility. All costs and liabilities related to recovery or towing services remain with the vehicle owner, and Mara Nomads shall not be responsible for any outcomes related to these services.

(g) No Warranty for Recovery Services: Mara Nomads makes no warranties, express or implied, regarding the availability, reliability, or quality of recovery services in remote areas. You acknowledge that such services may be limited, delayed, or unavailable due to the location or other circumstances beyond Mara Nomads’ control.

(h) Indemnification: You agree to indemnify and hold harmless Mara Nomads from any claims, liabilities, or costs arising from your participation in the Tour with your vehicle, including but not limited to, any costs associated with towing, recovery, or leaving your vehicle in situ or at the nearest safe location. This indemnification applies to all vehicles, including CVT and other sensitive vehicles that require special handling.

(i) Notification Requirement: If you plan to participate in a Mara Nomads Tour with a vehicle equipped with a CVT or similarly sensitive components, you agree to notify Mara Nomads in advance. This allows for any necessary precautions or planning related to potential recovery needs. Failure to notify Mara Nomads of such special circumstances may result in delays or complications, for which Mara Nomads shall not be held liable.

4. INSURANCE

4.1 The Mara Nomads strongly recommends that all participants have comprehensive vehicle insurance in addition to third party insurance plus a premium roadside service cover with the relevant motoring body such as AA.

4.2 The Mara Nomads strongly recommends that all participants take out travel insurance cover.

5. BOOKINGS AND CANCELLATION POLICY

5.1 Bookings are confirmed upon full payment of the registration fee of a Tour and receipt of booking details by the Mara Nomads from the participant. The registration fee for the Tour covers the following:

(a) All logistical and administrative arrangements, this includes arranging designated camping sites, organizing daily itineraries and group activities, managing participant registrations and payments, coordinating with local service providers (such as, hotels, campsites), arranging for emergency support and backup plans, ensuring vehicle and participant compliance with regulatory requirements and providing detailed pre-departure briefings and checklists.

(b) Professional guiding services throughout the Tour – unless it’s a non-guided Tour;

(c) Implementation of appropriate measures to enhance the safety and security of participants during the trip; however, Mara Nomads shall not be liable for any unforeseen incidents beyond its control, including but not limited to natural disasters, criminal acts, or other security breaches that are outside the reasonable scope of its precautions.

(d) Provision of firewood for a communal bonfire during the evenings where firewood is available and campfire is allowed.

5.2 The registration fee does not cover any costs or expenses not expressly listed in clause 1.1 above.

5.3 To make a booking, you must provide The Mara Nomads with written or emailed booking details along with a deposit of 50% of the Tour fee payable to The Mara Nomads by Mpesa, bank transfer, EFT, bank deposit or cleared cheque. Transaction fees, if applicable, are borne by the participant.

5.4 Confirmation of the booking will be issued once the payment has been received.

5.5 The final balance of the amount payable is due no less than 20 days prior to departure. If a booking is made within 20 days prior to departure, full payment is required with the booking information in order to secure the booking.

5.6 If you wish to cancel your booking, you must notify The Mara Nomads immediately in writing, and the notification will take effect once it is received by The Mara Nomads. Any cancellation may be subject to penalties as set out in the schedule below:

6. CANCELLATION DATE AND PENALTY

Cancellation date of:

(a) More than 30 days prior to departure date – Full refund

(b) 15 – 30 days prior to departure date - 20% of full payment is forfeited

(c) 8 – 14 days prior to departure date - 50% of full payment is forfeited

(d) 7 days or less prior to departure date - 100% of full payment is forfeited

(e) Failure to depart on Tour - No refund

(f) Leaving during Tour - No refund

7. PARTICIPANT EQUIPMENT AND ACCOMMODATION

7.1 You understand that Mara Nomads Tours require you to carry your own equipment including tent(s), bedding, and other necessary camping equipment. Mara Nomads shall not be liable if any selected venue for camping does not have room or lodging facilities available. Participants are responsible for ensuring they have appropriate gear for the Tour.

7.2 Mara Nomads will use reasonable endeavours to ensure that a designated camping ground is available at each Tour venue. However, Mara Nomads does not guarantee specific ground conditions, such as the presence of grass, unless expressly confirmed in writing. Participants should be prepared for varying terrain conditions. Furthermore, some camping grounds may lack toilet and bathroom facilities. Mara Nomads will inform participants in advance when such amenities are available, but it remains the participants' responsibility to make appropriate arrangements for their comfort and needs during the Tour.

8. USE OF PERSONAL DATA

8.1 We collect personal data (such as: names, contact details, payment information and car registration details) for trip organization, customer service, accommodation bookings, border crossings, immigration purposes and marketing purposes).

8.2 Your personal data will be used to manage your bookings, facilitate cross-border movement, provide customer service and improve our offerings. We may also use your data to send promotional materials, updates and offers unless you opt out.

8.3 Your data may be shared with trusted third-party service providers (such as hotels) solely for the purpose of delivering our services.

8.4 Personal data will be retained for as long as necessary to fulfill the purposes outlined, or as required by law.

9. CONSENT FOR MEDIA USE

9.1 By participating in our expeditions, including any previous expeditions you have joined, you consent to Mara Nomads capturing photos and videos during the trip. These may be used for marketing purposes on our website, social media (WhatsApp, Facebook, Instagram, Twitter, YouTube), and other promotional platforms.

9.2 If you are or have been participating with minors, you confirm that you have the authority to consent to their image and data being used in the same manner.

9.3 You may share your own personal content from the trip on social media. However, content that violates the privacy of other participants or breaches Mara Nomads' code of conduct will not be tolerated.

10. CONTENT CREATION AND USE RESTRICTIONS

10.1 Prohibition on Unauthorized Content: Participants of Mara Nomads' Tours are strictly prohibited from taking videos, photos, or other content (“Content”) that depict any part of Mara Nomads' Trips, other participants, or their vehicles without the prior express consent of both Mara Nomads and the participants involved. Additionally, participants are prohibited from posting such Content on YouTube or any other online platform, or using it for business marketing purposes on their business social media pages or websites without obtaining prior express written consent from Mara Nomads and the participants depicted.

10.2 Permitted Content: Participants are allowed to take videos, photos, and other content of themselves and their own vehicles during Mara Nomads' Trips. Such Content may be posted on their personal social media pages, with the express exclusion of YouTube.

11. INJUNCTIVE RELIEF AND DAMAGES

11.1 Breach and Penalty: In the event of a breach of these terms, Mara Nomads reserves the right to enforce a penalty equivalent to one hundred times the registration fee paid by the participant, per violation, which shall be payable by the offending participant and the participant agrees to pay such amount to Mara Nomads as liquidated damages. In addition, Mara Nomads reserves the right to pursue legal action for further damages.

11.2 Equitable and Injunctive Relief: Mara Nomads shall have the right to seek equitable relief, including but not limited to injunctive relief: (a) to prevent the unauthorized posting, use, or disclosure of videos, photos, or other Content without its express consent and the consent of participants depicted in such Content; and (b) to prevent the continued misuse of its intellectual property. This includes the right to prevent such actions before they occur and to seek legal recourse for damages caused by any unauthorized posting, use, or disclosure.

11.3 Damages: In addition to injunctive relief, Mara Nomads is entitled to seek such damages as: (a) are occasioned by the unauthorized posting, use, or disclosure of Content by the offending participant, including but not limited to compensation for reputational damage, loss of business opportunities, and other financial harm; and (b) caused by breaches of these terms, including reputational harm and financial losses.

12. ANTI-DISPARAGEMENT AND INTELLECTUAL PROPERTY RIGHTS

12.1 Anti-Disparagement Clause: Participants agree not to post, publish, or make any statements, whether written or verbal, that could be interpreted as disparaging or harmful to Mara Nomads, its reputation, or the experiences it provides. Any review, comment, or feedback shared publicly by participants regarding their experience with Mara Nomads must be fair, accurate, and constructive.

12.2 Surrender of Intellectual Property Rights: In the event that a participant publishes any review, comment, video, or photo about Mara Nomads, they agree to irrevocably assign and transfer to Mara Nomads all intellectual property rights in the Content, allowing Mara Nomads full and exclusive ownership and control of such material for use in any way it deems fit, including the right to modify or remove such Content without limitation.

13. NEXT-OF-KIN INFORMATION

13.1 Provision of Next-of-Kin Information: All participants are required to provide Mara Nomads with the name and contact details of a designated next-of-kin prior to the commencement of any Trip. This information will be used solely for the purpose of contacting next-of-kin in case of emergencies or unforeseen circumstances during the Trip.

13.2 Responsibility to Update Information: Participants are responsible for ensuring that the next-of-kin information provided is accurate and up to date at the time of the Trip. Mara Nomads assumes no responsibility for any issues arising from outdated or incorrect next-of-kin information.

14. PROTECTION OF INTELLECTUAL PROPERTY, CONFIDENTIALITY, AND NON-COMPETE AGREEMENT

14.1 Non-Compete Clause: Participants agree not to establish, operate, or promote any business or organization that offers tours, trips, or expeditions that are similar to or directly compete with Mara Nomads’ offerings for a period of twenty-four months after their last participation in a Mara Nomads Tour.

14.2 Non-Solicitation Clause: Participants shall not directly or indirectly solicit, recruit, or encourage any Mara Nomads members, clients, or participants to join any competing trips, tours, or expeditions for a period of twenty-four months after their last participation in a Mara Nomads Tour.

14.3 Intellectual Property Protection: All content created or provided by Mara Nomads, including but not limited to photos, videos, tour descriptions, itineraries, and promotional material, are the exclusive intellectual property of Mara Nomads. Participants and Mara Nomads’ members of its WhatsApp groups are prohibited from using, replicating, distributing, or altering such content for personal or commercial purposes, including for use in any competing business, without the express written consent of Mara Nomads. This includes the removal or alteration of watermarks or identifying marks on photos and videos.

14.4 Confidentiality Agreement: Participants agree to keep all proprietary information, including but not limited to tour descriptions, itineraries, business strategies, and member lists, confidential. Participants shall not disclose such information to any third party or use it for personal or commercial purposes, including in competing businesses.

14.5 Prohibition on Removal of Watermarks: Participants are prohibited from removing, altering, or obscuring any watermarks, logos, or identifying marks on photos, videos, or other content belonging to Mara Nomads.

14.6 Assignment of Rights & Ownership: Any content, photos, videos, or descriptions shared by participants within Mara Nomads groups or events automatically become the exclusive property of Mara Nomads, including the right to modify or distribute such content as deemed appropriate. Participants waive any personal claim to the content and agree not to post or use it for any competing business or unauthorized purpose.

14.7 Social Media Use and Restrictions: Participants are strictly prohibited from using any photos, videos, itineraries, or descriptions from Mara Nomads tours to promote any other business, especially those in competition with Mara Nomads. This includes posting such content on social media pages or websites linked to competing businesses.

14.8 Monitoring of Online Activity: Mara Nomads reserves the right to monitor the online activity of participants in relation to Mara Nomads content, tours, or events. Any unauthorized posting, sharing, or use of Mara Nomads’ intellectual property will result in enforcement of these terms, including legal action.

15. LIABILITY

15.1 By participating in Mara Nomads Tours and activities, you acknowledge that the Tours and activities involve inherent risks, including physical injury, property damage and other hazards. You voluntarily and unconditionally assume all such risks.

15.2 You agree to unconditionally release and hold harmless the Mara Nomads, its employees and partners from all claims, damages and liabilities arising out of or relating to your participation in the Tour and activities, including (but not limited to) any injury, loss, damage or actions (or inactions) of the Mara Nomads undertaken pursuant to these terms, and including those caused or contributed to by third parties, including suppliers to The Mara Nomads and other participants on the Tour. For the purposes of this clause “Claims” means any allegation, cause of action, claim, demand, proceeding, litigation, investigation, judgement, loss, cost or expense of whatever nature and whether present or future, fixed or unascertained, actual or contingent and whether arising at law or in equity, under statute or otherwise.

15.3 You indemnify The Mara Nomads for any loss suffered by it and against all Claims (as defined in the preceding clause) and liabilities arising out of or related to your participation in the Tour and any breach by you of these terms or the law.

15.4 The Mara Nomads may suspend its obligations under this agreement if its ability to perform is affected by cyclones, storms, fires, earthquakes, explosions, embargoes, government directives, or any law or regulation, litigation or labour dispute, act of God (such as flood), war, terrorism, or any other cause which is beyond its reasonable control.

16. ACCEPTANCE OF TERMS BY PARTICIPATION

If you decline, fail, or neglect to sign these terms and conditions but proceed with a Mara Nomads Tour, you will be deemed to have accepted and agreed to all the terms outlined herein. If you do not agree with these terms and conditions, you must not participate in any Mara Nomads Tour. In such a case, you will be entitled to a refund of your registration fee in accordance with our Cancellation and Refunds Policy, provided you notify us in writing of your non-agreement before the Tour begins.

17. GENERAL

17.1 These Terms and Conditions can only be amended in writing by The Mara Nomads. They are incapable of amendment or waiver by an employee, agent or representative of The Mara Nomads or by any other supplier.

17.2 It is your responsibility to obey all state and local laws while on a Tour. We draw your attention to the laws applying to the limited transportation and use of alcohol, drugs and firearms.

17.3 The Mara Nomads’ rights under this document are cumulative and not exclusive of any rights provided by law.

17.4 This Agreement is governed by the laws of Kenya. Any legal proceedings will be conducted within this jurisdiction.

17.5 Any outstanding payments due from you to the Mara Nomads will bear interest at the rate of 15% per annum, calculated daily and capitalised annually. You shall indemnify the Mara Nomads costs including legal costs where the Mara Nomads shall enforce (or attempting to enforce) any of the Mara Nomads rights under these terms and conditions or arising from your breach of these terms and conditions.

17.6 The parties consent to the giving of information for the purposes of this Agreement by electronic communication (as defined in and for the purposes of the Kenya Information and Communications Act, Cap. 411A) and without limiting the generality of the foregoing, the Mara Nomads consents to the Participant providing its signature as to acceptance of this Agreement via electronic signature.

17.7 You cannot claim compensation or seek damages if the Mara Nomads exercises any of the rights conferred on it by this Agreement, unless this Agreement expressly provides otherwise.