Terms & Conditions

Nai Nami Ltd (”Company”) shall reserve the right to cancel a Tour for the general welfare and safety of the Participants.

The Company reserves the right to accept or reject any person as a Participant prior to beginning a Tour, to expel any Participant from the Tour once it has begun.

The Participant shall bear the responsibility and expense including any fees charged for all property carried on their person including video cameras and cameras. Taking pictures in Nairobi city is prohibited as per local law.

The Participant consents to the use of his/ her personal information by the Company and/or its third party providers and distributors solely for the purposes of the Tour.

The Company may use photographs taken during the Tour for publications on its web sites and/or in print advertising and for promotional literature.

Any program, facility, item or activity that has not been included in the Tour itinerary has been provided to enhance the Tour qualitatively, absolutely free of cost.

Any form of note-taking, and video or audio recording is not allowed on our tours. We put in a lot of effort to research, script and verify our stories and this is our intellectual property. Please do not copy of reproduce our narratives in any form. If you are a guide, or a travel writer, or a blogger, please get our express written consent before the tour.

Disclaimer

The Company does not make any warranties or representations as to the accuracy, reliability or completeness of any statement, opinion or other information including historical or scientific facts provided during the course of the tour by the storyteller or the licensed guide. Reliance upon any such opinion, advice, statement, or other information shall also be at his/ her risk. The Company shall not be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from use of such information, including without limitation, any fault, error, omission, interruption or delay with respect thereto. The Company does not guarantee the exact arrival and departure times of any tour package and shall not be held liable for any missed connections nor any expense involved with delays.

The Company and/ or its representatives hereby assumes no liability in contract, tort or otherwise on account of loss of life, personal injuries or property damages to the Guest arising out of any events, happenings or occurrence during the tour.

The Participant agrees to indemnify the Company from and against any and all actions, claims, losses, damages, liabilities and expenses (including attorney’s fees) arising out of the conduct of any of the Participants on the tour, including without limitation any claims alleging facts that if true would constitute a breach by him/her of these terms and conditions.

The Company shall use all reasonable efforts to procure the best services of all third party agents such as carriers, hotels, camps and other suppliers engaged by the Company for the purposes of providing food, refreshments, lodging, transport and other facilities. These service providers are independent contractors and are not agents, employees, or servants of, or joint ventures with the Company and the Company shall not be held liable for any personal damage, loss of life or property or expenses incurred due to any act or omission on account of such carriers, hotels, camps and other suppliers.

Assumption of risk

You understand and accept that your proposed tour may expose you to inherent dangers including but not limited to physical exertion, equipment failure, or the activity itself. You acknowledge that alterations to the schedule itinerary or activity may be made as necessitated by weather, group size, road transport, road closures, illness or other factors, you agree to accept the decisions of the tour leader or representative, and you accept that neither we nor the providers of services can be held responsible for expenses or inconvenience incurred as a consequence. You acknowledge that the enjoyment of your tour or holiday is derived in part from travel beyond the safety risks of life at work or at home, and you accept and assume all the risks involved.

All disputes are subject to Nairobi jurisdiction only.

Cancellation policy

Cancellation by the Company:

1. Cancellation of the tour due to circumstances beyond the control of the Company including but not limited to an act of God, riots, war, strikes, civil unrest, terrorism, governmental regulations, floods, earthquakes, fire and other natural disasters, shall be made at the Company’s sole discretion without notice and with full refund of fees (less the credit card refund charges, if any).

2. The Company shall at its option be entitled to cancel any tour on full refund of the fees to the Participant.

Cancellation by the Participant:

1. Participant is required to pay for the tour only upon confirmation of the tour. After the payment for the tour is made, Participant is entitled to cancel the participation in the tour with a full refund of the fees (less 5% cancellation charges) provided that notice of such cancellation is sent to the Company at least 48 hours prior to the tour or as otherwise specified in writing.

2. In the event of a late cancellation, the following cancellation charges will apply:

Changes more than 48 hours in advance of tour

You may change your tour, subject to availability, 48 hours before the start. If changes cannot be accommodated, there will be a full refund except for any non-refundable expenses (see below)

Changes less than 48 hours in advance of tour

Changes within 48 hours of the start of the tour cannot be guaranteed, even if there is availability. If changes cannot be accommodated, there will NOT be any refund

Cancellations more than 48 hours in advance of tour

A full refund (less any non-refundable expenses- see below) will be given to you if you let us know more than 48 hours before the start of the tour.

Cancellations less than 48 hours in advance of tour

No refund will be provided if you cancel the tour within 48 hours of the start of the tour.

Late arrival by customer

The tour starts at the designated time. If you arrive late for whatever reason and miss the tour, then no money will be refunded

Non-refundable expenses

If you cancel/change a tour, if we have incurred expenses which we can’t recoup (such as transport, transaction fee), then you will have to pay for these expenses.

3. If a Participant is unable to attend a tour (without prior cancellation) for any reason, there will be no refund of any of the fees paid for the tour.

Payment policy

We confirm tour bookings only on receipt of payment. Subsequent cancellations and alterations if any, will be as per the CANCELLATION POLICY above.

All our trips are in KSH (Kenya Shillings). Payment for most tours needs to be made when we have confirmed availability. Payment needs to be done in advance of the tour to confirm your booking in one of the following ways:

– by paying online via our online booking system

– by bank transfer

– by paying through our partner organizations such as Airbnb, Viator

Privacy

We value the trust you place in us. Any personal data you share with us will not be shared with others without your explicit permission. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to any legal process. Our Website links to other websites that may collect personally identifiable information about you. Nai Nami is not responsible for the privacy practices or the content of those linked websites.

Personal data (usually referred to just as “data” below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the “GDPR”), “processing” refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data
The party responsible for this website (the “controller”) for purposes of data protection law is:

company/entrepreneur
Insecta Center, 2nd floor
Braeside Gardens
Lavington, Nairobi

Telephone: +254 711 442 602
Email: info@nai-nami.com

The controller’s data protection officer is:

Sriram Damodaran

 

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);

  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
  • to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).
    In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller’s future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Cookies

a) Session cookies
We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.

This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

When you close your browser, these session cookies are deleted.

b) Third-party cookies
If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies
You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Contact

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at

https://www.google.com/intl/de/policies/privacy/partners,

including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at

https://tools.google.com/dlpage/gaoptout?hl=en

in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics’ JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

Google Fonts

Our website uses Google Fonts to display external fonts. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the optimization and economic operation of our site.

When you access our site, a connection to Google is established from which Google can identify the site from which your request has been sent and to which IP address the fonts are being transmitted for display.

Google offers detailed information at

https://adssettings.google.com/authenticated

https://policies.google.com/privacy

in particular on options for preventing the use of data.

YouTube

We use YouTube on our website. This is a video portal operated by YouTube LLC, 901 Cherry Ave, 94066 San Bruno, CA, USA, hereinafter referred to as “YouTube”.

YouTube is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”.

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google and its subsidiary YouTube guarantee that they will follow the EU’s data protection regulations when processing data in the United States.

We use YouTube in its advanced privacy mode to show you videos. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website. According to YouTube, the advanced privacy mode means that the data specified below will only be transmitted to the YouTube server if you actually start a video.

Without this mode, a connection to the YouTube server in the USA will be established as soon as you access any of our webpages on which a YouTube video is embedded.

This connection is required in order to be able to display the respective video on our website within your browser. YouTube will record and process at a minimum your IP address, the date and time the video was displayed, as well as the website you visited. In addition, a connection to the DoubleClick advertising network of Google is established.

If you are logged in to YouTube when you access our site, YouTube will assign the connection information to your YouTube account. To prevent this, you must either log out of YouTube before visiting our site or make the appropriate settings in your YouTube account.

For the purpose of functionality and analysis of usage behavior, YouTube permanently stores cookies on your device via your browser. If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.

Further information about the collection and use of data as well as your rights and protection options in Google’s privacy policy found at

https://policies.google.com/privacy

Model Data Protection Statement for Anwaltskanzlei Weiß & Partner

 

Emergency Contact

The contact for all inquiries is that of our Head Office in Nairobi. You may reach us during office hours, (Mon-Fri 9am – 6pm EAT) and usually during weekends on +254 711442602