Terms & Conditions

1. DEFINITIONS

This section provides clarity on key terms used throughout these Terms and Conditions to avoid ambiguity.

"Hotel" means and includes Pax Manor Muthaiga, its holding companies, subsidiaries, affiliates, successors, assigns, and all employees, agents, contractors, service providers, or any other persons acting under its authority or on its behalf.

"Guest" refers to any person who:

  • makes a reservation with the Hotel, either directly or through a third party;
  • accesses, visits, or stays on the Premises;
  • uses or consumes any product, service, amenity, facility, or utility offered by the Hotel;
  • is otherwise present at the Hotel with or without express invitation.

"Premises" means the entirety of the physical property owned, leased, operated, or controlled by the Hotel, including but not limited to buildings, rooms, suites, common areas, driveways, gardens, pools, conference facilities, kitchens, stores, parking lots, staff quarters, and adjacent spaces, whether accessible to the public or not.

"Agreement" collectively refers to these Terms and Conditions, together with any ancillary or supplemental documents, rules, policies, booking confirmations, notices, disclaimers, waivers, or instructions issued by the Hotel or its representatives at any time.

"Services" include but are not limited to:

  1. Accommodation (temporary lodging);
  2. Food and beverage provision;
  3. Housekeeping and laundry services;
  4. Concierge, valet, parking, and porter services;
  5. Health, wellness, spa, or fitness services;
  6. Event hosting, conference, or recreational offerings;
  7. Transportation, tours, and third-party services arranged or facilitated by the Hotel.

"Force Majeure" refers to any cause or event that is beyond the reasonable control of the Hotel, including but not limited to acts of God, pandemics, strikes, civil commotion, war, natural disasters, failure of utilities, government mandates, lockdowns, terrorism, cyber-attacks, or disruption of suppliers or third-party contractors.

"Third-Party Providers" are independent entities not directly employed by the Hotel that may offer services or goods on or off the Premises, either recommended, endorsed, facilitated, or introduced by the Hotel.

2. CONTRACTUAL ACKNOWLEDGEMENT

2.1 By reserving accommodation, attending an event, entering the Premises, using any facility or service, or interacting with Hotel personnel, a Guest expressly acknowledges and agrees to be bound by the entirety of this Agreement. This Agreement is binding whether the Guest has read it or not.

2.2 Acceptance of these Terms may be implied through conduct, including but not limited to entering the Premises, making a payment, or using any Services, and shall be deemed a legally binding contract enforceable in accordance with Kenyan law.

2.3 Where the Guest books on behalf of another party (e.g. a group booking or corporate reservation), the primary Guest accepts these Terms on behalf of all Guests covered under the reservation.

2.4 The Hotel reserves the right to revise or amend these Terms at any time, and such revised Terms shall take immediate effect upon publication on the Hotel's official website or through any other formal communication channel.

3. LIMITATION OF LIABILITY

3.1 The Hotel, to the fullest extent permissible by law, expressly disclaims all liability for any direct, indirect, incidental, special, consequential, exemplary, punitive or other losses, damages, injuries, delays, claims, or expenses of any kind, arising out of or in connection with:

  • Use or misuse of Hotel facilities, Services, or amenities;
  • Theft, loss, misplacement, or damage of personal belongings or property;
  • Injury, illness, allergic reaction, death, or distress suffered by the Guest while on the Premises;
  • Errors, delays, or service disruptions caused by third-party providers or utility failures;
  • Any circumstances or events of Force Majeure.

3.2 Guests are advised to procure personal insurance coverage, including travel, health, property, and accident insurance, as the Hotel does not provide compensation for losses, injuries, or damages suffered during the stay.

3.3 In the unlikely event that liability is found to attach to the Hotel, such liability shall in any case be strictly limited to the amount paid by the Guest for the specific Services giving rise to the claim.

4. INDEMNITY

4.1 The Guest agrees to indemnify, defend, and hold harmless the Hotel, its employees, directors, officers, contractors, service providers, and affiliates from and against any and all claims, demands, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable legal fees), whether foreseeable or unforeseeable, arising from or related to:

  • Breach of this Agreement;
  • Negligent or intentional conduct by the Guest or their invitees;
  • Injury to any person or damage to property caused by the Guest while on the Premises;
  • Use or misuse of Services in a manner contrary to applicable laws or Hotel rules;
  • Failure to comply with safety, hygiene, or conduct guidelines issued by the Hotel.

4.2 This indemnity obligation shall survive the Guest's stay or use of the Hotel's Services and continue in effect after departure.

5. RIGHT OF ADMISSION

5.1 Absolute Discretion of Management

Pax Manor Muthaiga expressly reserves the right, at all times and in its sole, unfettered discretion, to deny, refuse, suspend, restrict, or revoke admission, access, entry, use of services, or continued stay on the premises to any person, group, or entity, whether or not such person holds a confirmed booking or has partially or fully paid for services. No explanation, justification, or reason shall be required for the exercise of this right, unless otherwise mandated by a lawful court order or written legal obligation.

5.2 Grounds for Denial or Revocation of Admission

Without prejudice to Clause 5.1 above, Pax Manor may exercise its right of admission in any of the following non-exhaustive circumstances:

  • The individual displays disorderly, aggressive, abusive, offensive, intoxicated, or disruptive conduct;
  • The individual fails to comply with these Terms and Conditions, house rules, applicable laws, or staff instructions;
  • There is a reasonable suspicion of criminal activity, including fraud, theft, harassment, drug use, or public disturbance;
  • The individual is deemed a threat to the safety, health, privacy, or well-being of staff, other guests, or the property itself;
  • The individual misrepresents their identity, booking details, or purpose for entry;
  • The individual is inappropriately dressed, fails to meet decorum standards, or violates any dress code expressly stated by the Manor;
  • The individual is a minor unaccompanied by a responsible adult or legal guardian, except as permitted by prior arrangement;
  • The individual is subject to a current ban, trespass notice, or blacklist, whether issued by Pax Manor or affiliated entities;
  • There is any other reason, in management's sole opinion, which justifies refusal in the interest of safety, reputation, legality, morality, or operational efficiency.

5.3 Refunds and Consequences

Where admission is denied or revoked under this Clause:

  • Pax Manor Muthaiga shall not be liable to issue any refund, compensation, damages, or reimbursement, unless such denial is found by a competent court to have been unlawful and in breach of this Clause;
  • Guests acknowledge that any deposit or prepayment made shall be forfeited, in whole or in part, at the discretion of the management;
  • Guests or visitors removed under this clause shall have no right to return or rebook unless formally cleared in writing by the General Manager or an authorized officer.

5.4 Non-Discrimination Assurance

The exercise of the right of admission shall be undertaken in good faith and without unlawful discrimination on the basis of race, religion, gender, age, nationality, disability, or other protected status, in compliance with the Constitution of Kenya, 2010, and all applicable anti-discrimination laws.

5.5 Authority and Enforcement

All Pax Manor security personnel, supervisory staff, and management are hereby authorized to enforce this clause and to request identification, issue warnings, initiate removals, or notify law enforcement where necessary. Guests and visitors are required to comply immediately with all directions given in this regard.

5.6 Survival

This Clause shall survive the termination of any guest booking, agreement, or visit, and shall apply retrospectively to any person who seeks to enter or re-enter the premises at any point thereafter.

6. NO TENANCY OR LANDLORD-TENANT RELATIONSHIP

6.1 The Guest expressly acknowledges and agrees that no tenancy or leasehold interest arises from their stay at the Hotel, regardless of its duration or payment arrangements.

6.2 This Agreement shall not create or be construed as creating a landlord-tenant relationship or confer any rights under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301) or any similar tenancy laws in Kenya.

6.3 The Hotel reserves the right to terminate the Guest's right to occupy any room or use any Service at any time and without court order in the event of:

  • Breach of these Terms and Conditions;
  • Non-payment of any amount due;
  • Disorderly or unlawful conduct;
  • Endangerment of health, safety, or security of other Guests, staff, or property.

6.4 Any removal or eviction in such circumstances shall not entitle the Guest to any refund, compensation, or damages.

7. BOOKINGS, PAYMENTS, AND CANCELLATIONS

7.1 Reservation Confirmation

All bookings must be confirmed in writing via email or through the Hotel's official reservation platforms. A booking is only deemed confirmed upon full or partial payment as required and receipt of a formal booking confirmation from the Hotel.

7.2 Payment Terms

7.2.1 The Guest shall be required to pay in advance, or as agreed in writing with the Hotel, all charges associated with their stay.

7.2.2 The Hotel reserves the right to pre-authorize credit cards prior to arrival and to cancel bookings if payment is not received within the prescribed time.

7.2.3 All charges are payable in Kenyan Shillings (KES) unless otherwise agreed in writing. Currency exchange is not provided by the Hotel and Guests are responsible for any charges incurred due to currency conversion or bank processing.

7.3 Cancellation Policy

7.3.1 Cancellations must be made in writing and acknowledged in writing by the Hotel.

7.3.2 The following cancellation fees apply unless otherwise stated in writing:

  • Cancellations made more than 14 days prior to arrival: 20% of total booking amount.
  • Cancellations made between 7–14 days prior to arrival: 50% of total booking amount.
  • Cancellations made less than 7 days before arrival, or no-shows: 100% of total booking amount.

7.4 Non-Refundable Charges

Advance deposits, promotional rates, and event-specific bookings are strictly non-refundable. The Guest acknowledges that such offers are provided at discounted rates in exchange for a waiver of refund rights.

7.5 Force Majeure and Disruptions

The Hotel shall not be liable for any delays, rescheduling, or cancellations arising from Force Majeure events. In such cases, bookings may be rescheduled subject to availability, at the Hotel's sole discretion. Refunds shall not be automatic.

8. CHECK-IN, CHECK-OUT, AND STAY REGULATIONS

8.1 Check-In and Check-Out Times

Check-in is from 2:00 PM and check-out is by 11:00 AM. Early check-in or late check-out is subject to availability and may attract additional charges at the prevailing rates.

8.2 Identification and Guest Records

All Guests are required to present a valid government-issued identification (ID or passport) at check-in. The Hotel reserves the right to retain copies for legal, security, or internal purposes, in accordance with data protection laws.

8.3 Occupancy Limits and Unauthorized Guests

Each room has a maximum occupancy limit which shall not be exceeded without express permission. The Hotel reserves the right to evict unauthorized occupants or charge additional fees for extra persons.

8.4 Right of Admission Reserved

The Hotel retains the absolute right to refuse admission, cancel reservations, or remove individuals from the Premises at any time for reasons including but not limited to disorderly conduct, health risks, non-compliance with these Terms, or security concerns.

8.5 Abandoned Property

Items left behind shall be retained for 14 days and may thereafter be disposed of or donated at the Hotel's discretion. The Hotel shall not be liable for loss or damage to any such property.

9. BEHAVIOUR AND CODE OF CONDUCT

9.1 Purpose

Pax Manor Muthaiga is committed to providing a peaceful, respectful, and safe environment for all guests, staff, and visitors. This Guest Behaviour and Code of Conduct Policy outlines the expected standards of behavior and etiquette, and defines actions that may result in removal, penalties, or refusal of services.

9.2 Expected Conduct

All guests are expected to:

  • Conduct themselves with dignity, decorum, and mutual respect at all times.
  • Comply with all applicable laws, hotel rules, posted notices, and staff instructions.
  • Respect the rights, privacy, and personal space of other guests, residents, staff, and service providers.
  • Maintain reasonable noise levels and refrain from disruptive behavior.
  • Dress appropriately in public areas of the Manor.
  • Treat all property, furniture, furnishings, artworks, and amenities with care.

9.3 Prohibited Conduct

The following behavior is strictly prohibited on the premises of Pax Manor:

  • Illegal activities including possession or use of prohibited drugs, weapons, or stolen property.
  • Violent, abusive, or threatening behavior toward staff, guests, or third parties.
  • Discrimination or harassment based on race, gender, religion, disability, or other protected characteristics.
  • Vandalism or theft of Manor property or property belonging to other guests or staff.
  • Unlawful gatherings, commercial activities, or unauthorized photography, filming, or drone operation.
  • Bringing in outside alcohol, dangerous goods, or pets without express permission (unless required for medical reasons or certified service animals).

9.4 Consequences of Misconduct

9.4.1 Any guest found in breach of this Code of Conduct may, at the sole discretion of the Management:

  • Be asked to immediately vacate the premises without refund.
  • Be held liable for any damages caused.
  • Be permanently barred from future entry to Pax Manor.
  • Be reported to law enforcement authorities or relevant regulatory bodies.

9.4.2 The Manor reserves the right to retain CCTV footage or other forms of evidence for purposes of enforcing this policy or responding to official investigations.

9.5 Guest Responsibility for Minors

Where guests are accompanied by minors, they shall be fully responsible for ensuring their behavior aligns with this Code. Minors must be supervised at all times, and use of Manor facilities by minors is subject to applicable age restrictions and parental discretion.

9.6 Right to Amend and Enforce

Pax Manor reserves the right to interpret and apply this Code at its sole discretion and amend the provisions without prior notice. The Management's determination on any matter arising under this clause shall be final and binding.

10. SPECIAL REQUESTS AND ACCESSIBILITY

10.1 Overview

Pax Manor Muthaiga endeavors to accommodate all reasonable special requests made by guests to enhance their comfort and experience during their stay. This includes, but is not limited to, dietary needs, room preferences, accessibility accommodations, and additional services.

10.2 Request Submission and Confirmation

Guests are encouraged to communicate any special requests at the time of booking or at the earliest possible opportunity. All special requests are subject to availability and operational feasibility. Pax Manor does not guarantee the fulfillment of any special request unless explicitly confirmed in writing by the Management.

10.3 Non-Guarantee Clause

The fulfillment of special requests, including specific room allocation, bedding preferences, early check-in, late check-out, and dietary accommodations, is at the sole discretion of Pax Manor and may be subject to additional fees or charges. Failure to meet any special request shall not be grounds for any claim, refund, or liability against Pax Manor.

10.4 Accessibility and Disability Accommodations

10.4.1 Pax Manor is committed to making reasonable accommodations for guests with disabilities to the extent possible, in compliance with applicable laws and regulations. Guests requiring accessibility features or special assistance must notify Pax Manor at the time of booking or at least Seven [7] days prior to arrival.

10.4.2 Pax Manor will make best efforts to provide accessible rooms and facilities; however, certain accessibility features may be limited or unavailable due to structural or operational constraints.

10.4.3 Guests acknowledge and accept that full accessibility cannot always be guaranteed and that Pax Manor shall not be liable for any inconvenience or loss arising from inability to provide specific accessibility accommodations.

10.4.4 Guests requiring medical equipment or assistance are responsible for bringing and operating such equipment unless prior arrangements have been made and accepted by Pax Manor.

10.5 Additional Services and Fees

Special requests that involve additional services (e.g., extra beds, cots, specialized meal preparation, private transportation) may incur additional charges, which shall be communicated and agreed upon prior to service delivery.

10.6 Changes and Cancellations

Any changes or cancellations of special requests must be communicated in writing at the earliest possible time. Pax Manor reserves the right to refuse or revoke special requests in case of non-compliance with these Terms and Conditions or if such requests interfere with normal operations or other guests' comfort.

10.7 Limitation of Liability

Pax Manor shall not be held responsible or liable for any failure or delay in fulfilling special requests due to factors beyond its control, including but not limited to operational constraints, third-party service provider limitations, or emergency situations.

11. DAMAGE, LOSS, AND SECURITY

11.1 Damage to Property

Guests shall be held financially liable for any damage caused to Hotel property, whether accidental or intentional, including but not limited to linens, furniture, fixtures, electronics, and décor. Charges shall be assessed at replacement or repair cost plus administrative fees.

11.2 Loss of Keys, Cards, or Devices

Loss or damage to access keys, keycards, or digital devices issued by the Hotel will attract a replacement fee as determined by the Hotel at the time of incident.

11.3 Security Monitoring

The Premises may be monitored by security personnel and/or surveillance systems in public or shared areas for the safety of Guests, staff, and property. Guests consent to such monitoring for security and compliance purposes.

11.4 Valuables and In-Room Safes

The Hotel provides in-room safes as a convenience. However, Guests acknowledge that safes are not secure storage for high-value items (including but not limited to jewelry, cash, or electronics), and the Hotel shall not be liable for any loss or theft, howsoever caused.

11.5 Theft or Loss

The Hotel assumes no responsibility for any lost, stolen, or damaged property belonging to Guests, whether in rooms, vehicles, conference rooms, or public areas.

12. THIRD-PARTY SERVICES AND LIMITATION OF RESPONSIBILITY

12.1 Third-Party Providers

The Hotel may refer or facilitate third-party services such as taxis, airport transfers, tour guides, event planners, or catering. These providers operate independently and are not agents or employees of the Hotel.

12.2 No Warranty or Endorsement

While the Hotel may recommend or arrange such services, it provides no warranties, guarantees, or endorsements as to their quality, safety, legality, reliability, or fitness for purpose.

12.3 Guest Assumption of Risk

Guests engage with third-party services at their own risk. The Hotel disclaims any liability arising from delays, misrepresentations, injuries, property damage, or unsatisfactory services provided by third parties.

12.4 Event Bookings and External Vendors

Where Guests or corporate clients engage external vendors for events (e.g. weddings, conferences, exhibitions), the Hotel shall not be liable for vendor performance or event outcomes. All vendor coordination, licensing, compliance, and liability shall rest with the Guest.

12.5 No Agency Relationship

Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between the Hotel and any third-party provider, and no such inference shall be made.

13. EVENTS, CONFERENCES, AND PRIVATE FUNCTIONS

13.1 Booking and Confirmation

All event bookings must be confirmed in writing through a duly signed Event Agreement, accompanied by a non-refundable deposit of at least fifty percent (50%) of the total estimated cost. This deposit secures the date and venue and shall be forfeited in the event of cancellation, rescheduling, or no-show unless otherwise agreed in writing by the Hotel.

13.2 Changes and Cancellations

Guests shall notify the Hotel in writing of any changes or cancellations. Changes are subject to availability and management discretion. Cancellations made less than fourteen (14) days prior to the event shall attract a forfeiture of the full booking amount. No refund shall be issued for non-performance due to force majeure events, including but not limited to pandemics, government orders, strikes, riots, terrorism, or acts of God.

13.3 Guest Conduct and Security Obligations

The event organizer is fully responsible for the conduct and safety of all attendees and must ensure that no behavior occurs that may pose a nuisance, violate applicable laws, or endanger any person or property. The Hotel reserves the right to immediately terminate any event without refund if conduct breaches public decency, Hotel policy, or law. Organizers must hire security personnel at their own expense if required by the Hotel.

13.4 Liability for Damage or Loss

The Hotel shall not be liable for any loss of or damage to equipment, merchandise, decorations, or other personal or commercial property brought into the venue by the organizer or any third party. Organizers shall be liable for all damages to the Hotel premises, including but not limited to walls, floors, fixtures, and equipment, caused by the organizer, attendees, or their contractors.

13.5 Indemnity by Organizers

Organizers agree to indemnify and hold harmless the Hotel, its affiliates, employees, and agents from and against all claims, losses, damages, liabilities, costs, and legal fees (on a full indemnity basis) arising out of the event, including but not limited to personal injury, property damage, breach of law, nuisance, or non-performance.

14. FOOD AND BEVERAGE POLICY

14.1 Exclusive Catering by Hotel

To ensure the highest standards of hygiene and quality control, all food and beverage must be prepared and served by the Hotel unless prior written approval is given. Any unauthorized external food or beverage brought into the Hotel will be confiscated and disposed of without compensation.

14.2 Food Safety and Allergens

While reasonable efforts shall be made to accommodate dietary preferences or allergies when requested in advance, the Hotel accepts no liability for any adverse health outcomes resulting from the consumption of food or beverages, including allergic reactions. Guests are responsible for disclosing food allergies explicitly in writing at least seventy-two (72) hours prior to service.

14.3 Alcohol Consumption and Restrictions

Alcohol shall only be served to guests over the age of 18 years and in compliance with licensing laws. The Hotel reserves the right to deny service to intoxicated persons or remove any guest engaging in unruly or disruptive behavior. The Hotel shall not be liable for any consequence arising from alcohol consumption on its premises.

14.4 Corkage and External Beverages

Should the Hotel permit, in writing, the consumption of externally sourced beverages for private functions, a corkage fee shall apply per item. The Hotel reserves the right to inspect, limit, or deny the quantity and type of beverages brought onto the premises.

14.5 Spoilage, Storage, and Contamination

The Hotel shall not be held liable for food or beverages brought by Guests that become spoiled, contaminated, or unfit for consumption, whether stored on-site or not. The Guest assumes all risk and liability associated with such food items, and waives any right to claim loss, illness, or damage thereof.

15. PHOTOGRAPHY, MEDIA, AND INTELLECTUAL PROPERTY

15.1 Personal and Recreational Use

Guests may take personal photographs in public areas of the Hotel provided they do not cause inconvenience, intrude upon the privacy of other guests, or disrupt Hotel operations. Use of drones, selfie sticks, tripods, or artificial lighting must be approved in advance.

15.2 Commercial Photography and Media Production

Photography, videography, filming, or audio recording for commercial, journalistic, influencer, or documentary purposes is strictly prohibited without express written authorization from the Hotel. Unauthorized commercial use of the Hotel's image, brand, or facilities may result in legal action.

15.3 Copyright and Trademark Protection

All logos, slogans, photographs, and branding of Pax Manor Muthaiga are the intellectual property of the Hotel or its licensors and may not be used, copied, distributed, or reproduced without written permission. Unauthorized use shall result in civil and/or criminal liability.

15.4 Consent to Use Guest Likeness

By entering the premises, guests consent to the use of their image, likeness, and voice in any promotional or internal material produced by the Hotel, unless such consent is withdrawn in writing before such material is published. The Hotel disclaims liability for third-party recordings.

15.5 Prohibited Areas and Privacy Zones

No photography or video recording is permitted in private or sensitive areas such as guest rooms, changing areas, washrooms, or staff-only zones. Any breach may lead to immediate eviction, legal proceedings, and police reporting.

16. LIABILITY, DISCLAIMERS, AND INDEMNITY

16.1 Hotel Liability Disclaimer

To the fullest extent permitted by law, the Hotel and its affiliates, owners, officers, and employees shall not be liable for any loss, damage, death, personal injury, illness, or expense suffered by any guest or third party, regardless of how it arises, whether due to negligence, breach of duty, or otherwise.

16.2 No Guarantees or Warranties

The Hotel disclaims all warranties, representations, or guarantees, express or implied, including but not limited to the suitability, availability, security, fitness for a particular purpose, or uninterrupted use of the facilities, services, or website.

16.3 Assumption of Risk

Guests acknowledge and agree that the use of Hotel premises, participation in activities, consumption of food or beverages, and use of facilities are undertaken entirely at their own risk. This includes risk of theft, injury, allergic reaction, or loss.

16.4 Exclusion of Indirect and Consequential Losses

The Hotel shall not be liable for any indirect, special, punitive, exemplary, or consequential damages of any kind, including but not limited to loss of data, loss of income, loss of reputation, mental anguish, or business interruption.

16.5 Indemnity by Guest

The Guest shall indemnify and keep indemnified the Hotel against any claim, demand, proceeding, loss, liability, cost, or expense (including full legal fees) arising from their actions or omissions, including damage to property, breach of law, breach of contract, or harm to third parties.

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya, including statutes, judicial precedent, and regulatory frameworks governing hospitality, health, and contract law.

17.2 Exclusive Jurisdiction

The courts of Kenya shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, and no other forum shall be competent to adjudicate any such matters.

17.3 Severability and Survival

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any obligations or rights that by their nature survive termination (e.g., indemnities, liability exclusions) shall continue to apply.

17.4 Legal Fees and Enforcement

In any legal or arbitral proceeding, the prevailing party shall be entitled to recover its legal costs on a full indemnity basis, including all filing fees, advocate's fees, disbursements, and enforcement expenses.

18. FORCE MAJEURE

18.1 Definition and Scope

For the purposes of these Terms and Conditions, a "Force Majeure Event" shall mean any event or circumstance beyond the reasonable control of Pax Manor Muthaiga, whether or not foreseeable or anticipated, which renders it impossible, impracticable, or materially hinders Pax Manor's ability to perform its obligations under these Terms and Conditions, including but not limited to:

  • Acts of God (such as flood, drought, earthquake, fire, or other natural disaster);
  • Epidemics, pandemics, public health crises, or outbreaks of communicable disease (including restrictions or regulations arising therefrom);
  • War, threat of or preparation for war, armed conflict, imposition of sanctions, embargoes, or breaking off of diplomatic relations;
  • Acts of terrorism, sabotage, civil unrest, riot, protest, or threat of such occurrences;
  • Governmental orders, laws, decrees, restrictions, regulations, travel bans, or curfews;
  • Strikes, lock-outs, labor disputes, or industrial actions;
  • Failure or interruption of utilities, transportation systems, or essential infrastructure;
  • Cyber-attacks, data breaches, ransomware attacks, or critical IT systems failure;
  • Any other cause or circumstance reasonably beyond Pax Manor's control.

18.2 Effect of Force Majeure

In the event of a Force Majeure Event:

  • Pax Manor Muthaiga shall be relieved of its obligations to the extent and for the duration that performance is prevented, hindered, or delayed;
  • Pax Manor shall not be held liable for any failure to deliver services, delays, changes to bookings, or termination of services that arise directly or indirectly due to the Force Majeure Event;
  • Any payments made in advance may be retained as non-refundable to cover administrative, preparatory, or operational costs already incurred;
  • Guests shall not be entitled to claim any form of damages, compensation, refund, or legal remedy arising out of such non-performance.

19. MINORS AND VULNERABLE PERSONS

19.1 Admission of Minors

Guests under the age of eighteen (18) years must be accompanied by a parent or legal guardian who shall assume full responsibility for the minor's conduct, welfare, and use of the facilities. The Hotel reserves the right to request proof of age and/or guardianship.

19.2 Limitation on Facilities Access

The Hotel reserves the right to restrict access of minors to certain facilities (e.g., spa, bar, pool, gym) for safety, licensing, or operational reasons. Use of such facilities by minors is subject to written parental consent and Hotel supervision policy.

19.3 Liability for Injuries or Incidents

The Hotel shall not be held liable for any injury, accident, illness, or loss affecting minors or other vulnerable guests resulting from negligence on the part of guardians, misuse of facilities, failure to supervise, or violation of Hotel policies.

19.4 Children's Events or Play Areas

Where the Hotel provides supervised children's activities or play areas, these shall be operated under specific rules and waivers. Participation is at the parent or guardian's own risk, and the Hotel disclaims all liability arising from injuries, loss of property, or allergic reactions.

19.5 Duty of Care

While the Hotel exercises reasonable care in all operations, Guests acknowledge that the Hotel is not a care facility and does not assume any custodial responsibility over minors or dependent persons on the premises.

20. WEBSITE TERMS OF USE AND ONLINE BOOKING DISCLAIMER

20.1 Acceptance of Terms

By accessing and using the Pax Manor Muthaiga website, including but not limited to browsing, booking accommodation, making inquiries, or interacting with content, users agree to comply fully with these Terms of Use. Use of the Website constitutes acceptance of these Terms, whether or not a booking is completed.

20.2 Website Use and Eligibility

The Website is intended solely for users who are at least 18 years old or have the legal capacity to form binding contracts under Kenyan law. By using the Website, you represent and warrant that you meet this eligibility requirement. Pax Manor reserves the right to refuse service, terminate accounts, or cancel bookings at its discretion.

20.3 Online Booking and Confirmation

20.3.1 All bookings made through the Website are subject to availability and acceptance by Pax Manor Muthaiga.

20.3.2 Bookings are provisional until a confirmation email or other written confirmation is sent by Pax Manor, which constitutes the binding contract.

20.3.3 The Manor reserves the right to refuse or cancel any booking due to errors, fraud, or suspicion thereof, incomplete information, or failure to comply with its policies.

20.4 Pricing and Payment

All prices displayed on the Website are in Kenyan Shillings (KES) and are subject to change without notice until the booking is confirmed. Taxes, fees, and other charges may apply and are the responsibility of the guest.

20.5 User Account and Security

Users may be required to create an account to access certain features of the Website. Users are responsible for maintaining the confidentiality of their account login details and for all activities that occur under their account. Pax Manor shall not be liable for any loss or damage arising from unauthorized use of user accounts.

21. PARKING, TRANSPORT, AND VEHICLE DISCLAIMER

21.1 Parking at Own Risk

The Hotel provides on-site or valet parking as a convenience only. Use of the Hotel's parking facilities is entirely at the Guest's risk. The Hotel shall not be liable for theft, damage, loss, or vandalism to any vehicle or its contents, whether parked by the Guest or Hotel personnel.

21.2 Valet Services

Where valet services are provided, the Guest accepts full responsibility for their vehicle and agrees to waive any and all claims against the Hotel, its staff, or agents for any damage, loss, or liability arising from the operation or handling of the vehicle.

21.3 Towing and Abandonment

The Hotel reserves the right to tow, remove, or dispose of any vehicle left unattended, abandoned, or parked in an unauthorized manner, without prior notice. The Guest shall bear all costs related to such action, including towing and storage fees.

21.4 Third-Party Transport Services

Transport services (e.g., taxi, shuttle, tour vans) arranged through the Hotel are provided by independent contractors. The Hotel does not endorse, supervise, or assume liability for any services rendered by such third parties. Guests use these services at their own risk.

21.5 Guest Responsibility

Guests are responsible for securing their own vehicles, including locking doors, activating alarms, and avoiding leaving valuables in plain view. The Hotel assumes no duty to monitor or patrol the parking areas beyond general surveillance.

22. LOST AND FOUND POLICY

22.1 Reporting and Collection

Guests must report lost or misplaced items to the Hotel immediately. Found items are logged and retained by the Hotel for a period of thirty (30) days, after which they may be disposed of, donated, or destroyed without further liability.

22.2 No Guarantee of Recovery

The Hotel makes no warranties or representations regarding the recovery or safekeeping of lost property and shall not be liable for any damage to or loss of personal items, including money, jewelry, electronics, or sensitive documents.

22.3 Verification Prior to Release

Items claimed must be adequately described and may only be released to the rightful owner upon satisfactory identification and proof of ownership. The Hotel may require photographic ID and written acknowledgment of receipt.

22.4 Mailing of Items

If requested, lost items may be mailed to the owner at their cost and risk. The Hotel is not responsible for any loss or damage occurring during shipping or delivery, and shall not bear any liability for errors made by courier services.

22.5 Exclusion of Liability

The Hotel disclaims all liability for any loss or theft of items left in rooms, public areas, conference halls, restaurants, or vehicles. Guests are advised to use in-room safes for valuables and to exercise due diligence.

23. SURVEILLANCE, PRIVACY, AND SECURITY

23.1 Purpose of CCTV Surveillance

Pax Manor Muthaiga operates Closed-Circuit Television (CCTV) and related surveillance systems throughout the premises for the sole and legitimate purposes of enhancing the safety and security of guests, staff, property, and assets; preventing and detecting criminal activity; monitoring service quality; and managing emergencies and incidents.

23.2 Scope of Coverage

Surveillance cameras may be installed in public areas including main entrance and exit points, lobby, reception, corridors, hallways, parking areas, driveways, common guest areas such as lounges, restaurants, conference rooms, external grounds, perimeter fencing, and service areas. Surveillance shall not be conducted in private or sensitive areas, such as guest bedrooms, bathrooms, spa treatment rooms, or changing areas.

23.3 Legal Basis and Compliance

The operation of CCTV systems is conducted in accordance with the Data Protection Act, 2019 (Kenya), the Constitution of Kenya, 2010, and any applicable regulations issued by the Office of the Data Protection Commissioner (ODPC). CCTV footage is considered personal data and is treated with strict confidentiality in accordance with the law.

23.4 Signage and Notification

Clear, visible signage is installed at strategic locations within the Manor premises, notifying guests, visitors, contractors, and staff that CCTV surveillance is in operation. Entry onto the premises constitutes deemed consent to reasonable surveillance as per this policy.

23.5 Data Collection and Storage

CCTV footage is recorded on a continuous basis and stored securely on encrypted, access-controlled servers. The footage shall be retained for a period not exceeding 90 days, unless extended for a legitimate reason such as an investigation, legal claim, or court order. Access to stored footage is strictly limited to authorized personnel including security managers and senior management.

24. ANIMALS AND PET POLICY

24.1 General Restriction on Pets

No pets or animals are allowed on the premises unless expressly permitted in writing by Hotel management. This includes guest rooms, suites, dining areas, and public lounges.

24.2 Exception for Service Animals

Properly documented and certified service animals may be permitted, subject to advance notice and presentation of valid documentation. Such animals must be under the handler's control at all times and must not pose a risk or nuisance to others.

24.3 Guest Liability for Animals

Guests who bring animals onto the premises, with or without permission, shall assume full responsibility for any damage, injury, disturbance, allergic reaction, sanitation issue, or cleaning costs arising therefrom.

24.4 Hotel Remedies for Violations

The Hotel reserves the right to remove any animal from the premises and/or terminate the guest's booking or access without refund if an animal is brought in violation of this clause.

24.5 Cleaning and Damage Charges

A minimum charge of KES 25,000 (or such amount as deemed necessary by Hotel management) will apply for cleaning, deodorizing, or repairing damage caused by animals in violation of this policy.

25. OUTSOURCED VENDORS

25.1 Referral and Booking

The Hotel may, upon request or for convenience, refer or assist guests in booking services offered by third-party providers (e.g., spa therapists, wedding planners, taxis, tour companies, photographers, musicians, decorators, etc.).

25.2 No Endorsement or Agency Relationship

Unless expressly stated in writing, the Hotel does not endorse, supervise, or control third-party service providers and shall not be deemed to act as their agent, principal, or guarantor in any way.

25.3 Guest Assumption of Risk

Guests use third-party services entirely at their own risk. The Hotel disclaims all responsibility for loss, injury, dissatisfaction, delay, or breach of service caused by or resulting from interactions with such providers.

25.4 Independent Terms and Conditions

Third-party providers may operate under their own service agreements or liability policies, and guests are responsible for familiarizing themselves with such terms before proceeding.

25.5 Indemnity

Guests agree to indemnify and hold harmless the Hotel from any claim, cost, loss, or damage arising from or related to their engagement with third-party service providers, even if the Hotel facilitated or recommended such service.

26. HEALTH AND SAFETY

26.1 Guest Obligation to Comply

All guests are required to observe health and safety policies as implemented by the Hotel from time to time, including compliance with emergency instructions, safety signage, sanitation protocols, and evacuation procedures.

26.2 Fire Safety and Hazardous Materials

The possession, use, or storage of flammable, explosive, corrosive, toxic, or otherwise hazardous materials is strictly prohibited. The Hotel reserves the right to inspect rooms if a breach is suspected.

26.3 Emergency Response

In the event of an emergency (including medical situations, fire, or criminal activity), the Hotel may take any reasonable action it deems necessary to protect life, safety, and property, including but not limited to contacting authorities or evacuating guests.

26.4 Medical Assistance

The Hotel may, but is not obligated to, provide access to first-aid or call for medical assistance upon request. All costs and liabilities arising from medical treatment or transport shall be borne solely by the Guest.

26.5 Disclaimer of Liability

The Hotel shall not be liable for any injury, illness, loss, or death resulting from failure to comply with health and safety guidelines, negligent behavior, pre-existing medical conditions, or circumstances beyond the Hotel's control.

27. DIGITAL SERVICES AND INTERNET USAGE

27.1 Availability of Internet Services

The Hotel provides complimentary internet access for standard browsing and email use in designated areas. Bandwidth is shared and not guaranteed. High-speed or dedicated connections may be available at an extra cost.

27.2 Acceptable Use Policy

Guests agree not to use the Hotel's internet services for illegal purposes, including but not limited to: hacking, illegal downloads, copyright infringement, defamation, distribution of malware, hate speech, or harassment. Violations may result in service termination and possible reporting to authorities.

27.3 Data Security Disclaimer

While the Hotel uses industry-standard security protocols, Guests use the internet service at their own risk. The Hotel makes no guarantees regarding data security, virus protection, or connection speeds and disclaims any liability for data loss or unauthorized access.

27.4 Monitoring and Suspension

The Hotel reserves the right to monitor internet usage and suspend access to Guests who violate this clause or jeopardize the integrity or availability of network resources.

27.5 Third-Party Content and Liability

Any online content accessed via the Hotel's network is the sole responsibility of the Guest. The Hotel assumes no liability for websites, applications, or data accessed through its infrastructure.

28. DISPUTE RESOLUTION

28.1 Good Faith Negotiations

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the Parties shall first seek to resolve such Dispute amicably through good faith negotiations. The aggrieved Party shall notify the other Party in writing of the nature and particulars of the Dispute, and the Parties shall use their best efforts to meet within forty-five (45) working days of such notice to attempt an informal resolution.

28.2 Mediation

If the Dispute remains unresolved for more than ninety (90) working days following the commencement of negotiations, either Party may request that the matter be referred to mediation. The mediation shall be conducted under the Mediation Rules of the Chartered Institute of Arbitrators (CIArb), Kenya Branch, or such other institution as agreed by the Parties in writing.

28.3 Final and Binding Arbitration

If the Dispute is not resolved through mediation within forty-five (45) calendar days after the conclusion of the mediation process, it shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the London Court of International Arbitration (LCIA). The seat of arbitration shall be London, United Kingdom. The arbitration tribunal shall consist of a sole arbitrator, and the language of the arbitration shall be English.

28.4 Confidentiality

All communications, documentation, negotiations, and proceedings in connection with any Dispute resolution process under this Clause shall be treated as strictly confidential by the Parties and their representatives. Neither Party shall make any public announcement or disclose the existence, nature, or outcome of the Dispute, except as required by law or with the written consent of the other Party.

29. INTELLECTUAL PROPERTY

29.1 Ownership and Reservation of Rights

All intellectual property rights of any kind whatsoever, whether registered or unregistered, arising in or related to Pax Manor Muthaiga, including but not limited to trademarks, trade names, service marks, business names, logos, slogans, domain names, trade dress, copyrighted material, layout, concepts, and any proprietary systems, software, applications, audio-visual elements, and social media content, are and shall remain the sole and exclusive property of Pax Manor Muthaiga and/or its licensors, affiliates, partners, or content providers.

29.2 No Transfer or License Implied

Nothing in these Terms and Conditions or through any interaction, use, or access by guests or third parties shall be construed as granting, by implication, estoppel, or otherwise, any right, title, interest, license, or permission to use, copy, reproduce, modify, exploit, or distribute any Pax Manor IP for any purpose whatsoever without the prior written consent of Pax Manor Muthaiga.

29.3 Use Restrictions

Guests and third parties are expressly prohibited from:

  • Using Pax Manor IP for commercial purposes, resale, advertising, marketing, or promotional activities;
  • Copying or reproducing any images or content from Pax Manor's premises, website, or promotional materials for republication, digital sharing, or derivative work;
  • Hosting, uploading, or transmitting any Pax Manor IP on third-party platforms, websites, or databases;
  • Reverse engineering, decompiling, tampering with, or otherwise interfering with any systems, software, applications, or media owned by Pax Manor Muthaiga;
  • Creating any impressions, marks, or references that suggest a false association, endorsement, sponsorship, or affiliation with Pax Manor Muthaiga.

30. MARKETING AND PROMOTIONS POLICY

30.1 General Promotional Rights

Pax Manor Muthaiga reserves the right to market, promote, and advertise its services, amenities, events, packages, and offers through any lawful media, platform, or marketing channel, including but not limited to its website, social media platforms, print publications, radio, television, email newsletters, and affiliate websites.

30.2 Promotional Offers and Discounts

From time to time, Pax Manor may run promotional campaigns, discount offers, giveaways, referral rewards, or loyalty programs, either independently or in collaboration with third parties. The terms, availability, eligibility, and duration of such promotional offerings shall be determined solely by Pax Manor and may be modified, suspended, or terminated without prior notice.

30.3 No Retroactive Application

Guests acknowledge that promotional offers and discounts are applicable only at the time of booking and are not subject to retroactive application. No refund, price adjustment, or credit shall be issued in respect of any promotion that was announced after a guest made their booking or payment.

31. ENVIRONMENTAL AND SUSTAINABILITY STATEMENT

31.1 Commitment to Sustainability

Pax Manor Muthaiga is firmly committed to responsible environmental stewardship and the promotion of sustainable hospitality practices. As a boutique establishment situated in one of Nairobi's most prestigious neighborhoods, Pax Manor recognizes its ethical duty to operate in a manner that is ecologically responsible, socially conscious, and aligned with local and international environmental standards.

31.2 Sustainable Operations and Practices

To this end, Pax Manor Muthaiga has implemented and continues to develop an integrated sustainability framework which includes:

  • Water Conservation: Use of low-flow fixtures, linen/towel reuse programs, and rainwater harvesting systems;
  • Energy Efficiency: Implementation of energy-efficient lighting, motion sensors, energy-saving appliances, and solar solutions;
  • Waste Management: Adoption of waste segregation, recycling protocols, composting of organic waste, and responsible disposal of hazardous materials;
  • Sustainable Sourcing: Prioritization of local, organic, and ethically-sourced products, and collaboration with suppliers who uphold sustainable practices;
  • Green Design: Architectural choices that minimize carbon footprint, including natural ventilation, native landscaping, and eco-friendly materials.

31.3 Guest Participation and Awareness

Guests are respectfully encouraged to participate in Pax Manor's environmental efforts by observing energy- and water-saving practices, adhering to recycling and waste disposal guidelines, and supporting our community-conscious programs. Informational materials may be placed in rooms and common areas to raise awareness and facilitate voluntary guest participation in our sustainability agenda.

32. SEVERABILITY

32.1 Independent Validity of Provisions

Each provision, term, clause, sub-clause, paragraph, and sentence contained in these Terms and Conditions shall be construed as independent and severable from the others to the fullest extent permitted by law. The illegality, invalidity, or unenforceability of any one provision (or part thereof) shall not affect the legality, validity, or enforceability of the remaining provisions or any part thereof, which shall continue in full force and effect.

32.2 Application of Severability

In the event that any court of competent jurisdiction, arbitral tribunal, or regulatory authority determines that any provision of these Terms and Conditions is unlawful, void, invalid, ultra vires, unconscionable, ambiguous, impossible to perform, or otherwise unenforceable for any reason whatsoever, such provision shall be deemed to be severed from these Terms and Conditions to the minimum extent necessary to render the remainder of the document valid, enforceable, and operative.

33. AMENDMENT AND INTERPRETATION

33.1 Right to Amend

The Hotel reserves the unilateral right to amend, modify, update, or revise these Terms and Conditions at any time and without prior notice. Continued use of the premises, facilities, or services after such amendment constitutes acceptance of the revised terms.

33.2 Availability of Terms

The most current version of these Terms and Conditions shall be accessible at the Hotel's reception desk and/or published on the official website. Guests are responsible for reviewing the current Terms prior to or during their stay.

33.3 Interpretation Clause

In the event of ambiguity or inconsistency, the interpretation most favorable to the Hotel shall prevail. Headings are for reference only and do not affect the construction of these Terms.

33.4 No Waiver

Failure by the Hotel to enforce any provision shall not constitute a waiver of such provision or of the right to enforce it at any future time. Any waiver must be in writing and signed by an authorized representative of the Hotel.

33.5 Entire Agreement

These Terms and Conditions constitute the entire agreement between the Guest and the Hotel and supersede all prior or contemporaneous understandings, whether oral or written, relating to the subject matter herein. No oral representations or statements shall be binding unless confirmed in writing by authorized Hotel management.

These terms and conditions are governed by the laws of Kenya and are subject to the exclusive jurisdiction of Kenyan courts.