last minute : mara

Terms & Conditions

1. Agreement

Welcome to the LastMinuteMara.com website (the "Website") operated by Twende Mara Ltd. The terms and conditions below (hereinafter referred to as "Terms and Conditions") apply to our services, directly or indirectly made available to you through online purchases, customer service requests or otherwise. By accessing, browsing and using LastMinuteMara.com and/or by making a purchase through Twende Mara LTD, you acknowledge and agree to having read, understood and agreed to our terms & conditions. No extrinsic evidence, whether oral or written, will be incorporated. You agree that if you are unsure of the meaning of any part of the Terms and Conditions, you will not hesitate to contact us for clarification prior to making a purchase.

This website is provided solely to assist customers in gathering travel information, determining the availability of camps/lodges and flights to the Maasai Mara, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purpose. By making a booking through Lastminutemara.com you (the customer) enter into a legally binding agreement with the accommodation provider or air travel provider you book. Additional terms and conditions will apply to your reservation and purchase of travel related services, please read these additional terms and conditions carefully; these can be found on the supplier’s website. We are not liable for the supplier’s terms and conditions.

Lastminutemara.com acts only as an intermediary between the client and the travel service provider to facilitate the booking. The services provided by Lastminutemara.com include facilitation of payment between you (the client) and the service provider and in the case of post-payment bookings, our role is limited to the transmission of information between the guest and the accommodation and air travel provider.

Services provided are exclusive of park or any other entry or activity fees unless stated otherwise in the package. Any issues related to accommodation, transport, flights and activities will fall under the responsibility of the service provider and LastMinuteMara.com will not be held liable.

By booking through Lastminutemara.com, you agree to be bound to the terms and conditions of this Agreement as well as any additional terms and conditions of any supplier that are applicable to your booking, travel arrangements or use of any content on this website. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any of these terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.

You represent and warrant that (a) you are at least 18 years of age or are accessing the Website under the supervision of a parent or legal guardian and can create binding legal obligations in connection with your use, (b) you are legally authorised to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.

2. Terms of Sale

All offers purchased through Lastminutemara.com are subject to the following terms:

2.1 All prices on the website are listed in USD
2.2 All prices are inclusive of VAT at the applicable rate at the time of your purchase.
2.3 Offers and Services, once sold are non-cancelable and non-refundable.
2.3.1 All purchases are final, and no changes to the Deal Conditions are allowed. These will be stipulated at the time of purchase and on the confirmation email.
2.4 Deals are redeemable through the Merchant identified on the offer. The Merchant is solely responsible for redeeming the offer and is fully responsible for all goods and services provided to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a deal or not.
2.5 When rendering our services, the information we disclose is based on information provided by Suppliers (hotels & airline partners). As such, suppliers are responsible for updating Lastminutemara.com with all rates, availability and other information displayed on the website. While we try to ensure that all information on the website is accurate, we cannot guarantee accuracy and hence cannot be held responsible for any inaccurate, misleading or untrue information, any interruptions (whether due to any breakdown, repair, upgrade or maintenance of the website) or non-delivery of information. Our website is not, and should not be considered a recommendation or endorsement of the quality, value, service level or rating of any services made available.
We are determined to provide the most accurate pricing information on the Website to our users; however, errors may still occur, such as cases when the price is not displayed correctly on the Website. As such, we reserve the right to refuse or cancel any order. In the event of mispricing, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for.
2.6 Any attempt to redeem an offer in violation of these Terms of Use will render it void. These rules apply to all promotional deals made available, unless a particular deal’s “Deal Conditions” states otherwise, and except as otherwise required by law.
2.7 You waive and release lastminutemara.com from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a deal or the goods or services it provides.

3. Payment

3.1 Payment in full will be required up front in order to confirm your booking.
3.2 Payment will only be valid if made through a debit or credit card (Master Card & Visa)
3.3 You guarantee that the credit/debit card details are correct, that the card you are using is your own and that there are sufficient funds to cover the cost.
3.4 Once your order is completed, your credit/debit card will automatically be debited with the full amount due.
3.5 Once your payment is cleared, an automated confirmation email of your order will be sent to you.

4. Secure Online Payment

Payments will be made online using a debit or credit card through a secure third party payment provider. Lastminutemara.com (through Cellulant) has implemented every measure to secure your personal information as well as to prevent and detect credit card fraud. In the event of credit card fraud most banks or credit cards bear the risk and cover charges associated with such misuse (sometimes subject to a deductible). Our system is designed in a way that no credit card information is collected by any entity other than the acquiring bank used by our payment provider (Cellulant terms & conditions). No credit card information will be taken over the phone and no employee of Lastminutemara.com will have access to any information such as credit card number, expiration date or CVV code.

5. Booking confirmation

Once payment has been made, a booking confirmation will be sent to your email. It is your responsibility to ensure that a valid email address is used when making your booking. Should you not receive a confirmation within 15 minutes of finalising your payment, please contact our customer service department.

Your booking confirmation email will serve as proof of valid purchase and include all relevant information about your purchase as well as particulars of the hotel and air travel provider. Please read and check that all the information included in your booking confirmation matches your reservation. In case of any discrepancies please contact us by telephone or email.

6. Cancellations and Changes

All bookings on Lastminutemara.com are non-refundable, non-amendable and non-cancelable. Your contract with your Suppliers may however allow them to cancel or amend your booking. Should any changes to your booking occur, we will ensure to notify you of these changes as soon as we are made aware of them. We however accept no liability for any changes or costs incurred as a result of these changes. Subject to the suppliers terms & conditions, you may choose to accept the changes, accept an alternative arrangement if one is offered by the supplier or cancelling your booking and receiving any applicable refunds. We do not guarantee that any refund will apply.

7. Travel Documentation

It is your responsibility to ensure that you are in possession of all relevant travel documents prior to your departure. You will be required to show your passport or identity card along with your e-ticket at the airline check-in counter and you may be required to present this when checking into your accommodation. All members within the travelling party will need to present a valid identification document or may be denied boarding.

8. Further Correspondence

By completing a booking, signing up or by voluntarily sharing your personal details with a LastMinuteMara.com employee you agree to receiving (a) emails associated with completing your booking, and (b) emails asking you to review Lastminutemara.com and your selected accommodation. If you would like your personal information removed from our database or unsubscribe from emails, please email us on help@lastminutemara.com.

9. Links and Third Party Websites

We may at any time include links to a third party website. Links to other sites should however not be considered as a partnership or affiliation with a third party or seen as a support of a particular website unless otherwise specified. Should a user follow a link to another website, he/she does so at their own risk. We decline all liability for any and all content, including but not limited to information, products and services available on third party websites. The creation of a link to our site is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

Some of our content is provided through third party suppliers and is subject to additional supplier terms and conditions.

10. Access to the site

LastMinuteMara.com retains the right to deny service or access to the Site at any given time for any reason. You acknowledge that there may be interruptions to our service or events that are beyond our control. While we will do everything to ensure that the site is always accessible, the site may be unavailable from time to time. You understand and acknowledge that for reasons both within and outside our control, access to the site may be interrupted, suspended or terminated.

11. Modification of this Agreement

We reserve the right to discontinue or modify any part of this Agreement at any time as we see fit. If any of the changes made affect your use of the Site or our services, you will be notified by email (if we have a valid email address in our database) and/or by posting notice of the change(s) directly on the Site. All changes will take effect immediately and for all deals purchased after the effective date of change. We recommend that you read our terms and conditions once in a while to ensure that you are aware of any such notifications of changes to the site. Your use of the site after we update our terms of use will constitute acceptance of the modified terms of use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

12. Limitation of Liability

In no event and under no circumstances will Last Minute Mara or any of its directors, employees, merchants , partners be held liable for any indirect, incidental, consequential or punitive damages arising out of or related to your use of the site, the content, statements and other information contained therein, the products of services accessible or available through the site or these terms of use.

13. Data Protection

Any personal information collected in relation to the use of this Website will be held and used in accordant with our Privacy Policy, which is available on our Website.

14. Indemnity

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions.

15. Applicable Law and Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.

16. Arbitration

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators, Kenyan Branch. The arbitrator shall be a person who is legally trained and who has experience in the information technology field, contract law and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Kenyan Arbitration Act or its successor. Notwithstanding the foregoing, We reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.

17. Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with any terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Website.

18. Severability

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any other section listed in these Terms and Conditions.