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:

(a) makes a reservation with the Hotel, either directly or through a third party;

(b) accesses, visits, or stays on the Premises;

(d) 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:

a) Accommodation (temporary lodging);

b) Food and beverage provision;

c) Housekeeping and laundry services;

d) Concierge, valet, parking, and porter services;

e) Health, wellness, spa, or fitness services;

f) Event hosting, conference, or recreational offerings;

g) 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:

(a) Use or misuse of Hotel facilities, Services, or amenities;

(b) Theft, loss, misplacement, or damage of personal belongings or property;

(d) Errors, delays, or service disruptions caused by third-party providers or utility failures;

(e) 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:

(a) Breach of this Agreement;

(b) Negligent or intentional conduct by the Guest or their invitees;

(d) Use or misuse of Services in a manner contrary to applicable laws or Hotel rules;

(e) 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:

(a) The individual displays disorderly, aggressive, abusive, offensive, intoxicated, or disruptive conduct;

(b) The individual fails to comply with these Terms and Conditions, house rules, applicable laws, or staff instructions;

(c) There is a reasonable suspicion of criminal activity, including fraud, theft, harassment, drug use, or public disturbance;

(d) The individual is deemed a threat to the safety, health, privacy, or well-being of staff, other guests, or the property itself;

(e) The individual misrepresents their identity, booking details, or purpose for entry;

(f) The individual is inappropriately dressed, fails to meet decorum standards, or violates any dress code expressly stated by the Manor;

(g) The individual is a minor unaccompanied by a responsible adult or legal guardian, except as permitted by prior arrangement;

(h) The individual is subject to a current ban, trespass notice, or blacklist, whether issued by Pax Manor or affiliated entities;

(i) 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 36:

(a) 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;

(b) Guests acknowledge that any deposit or prepayment made shall be forfeited, in whole or in part, at the discretion of the management;

(c) 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:

(a) Breach of these Terms and Conditions;

(b) Non-payment of any amount due;

(d) 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:

(a) Cancellations made more than 14 days prior to arrival: 20% of total booking amount.

(b) Cancellations made between 7–14 days prior to arrival: 50% 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:

(a) Conduct themselves with dignity, decorum, and mutual respect at all times.

(b) Comply with all applicable laws, hotel rules, posted notices, and staff instructions.

(d) Maintain reasonable noise levels and refrain from disruptive behavior.

(e) Dress appropriately in public areas of the Manor.

(f) 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:

(a) Illegal activities including possession or use of prohibited drugs, weapons, or stolen property.

(b) Violent, abusive, or threatening behavior toward staff, guests, or third parties.

(d) Vandalism or theft of Manor property or property belonging to other guests or staff.

(e) Unlawful gatherings, commercial activities, or unauthorized photography, filming, or drone operation.

(f) 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:

(a) Be asked to immediately vacate the premises without refund.

(b) Be held liable for any damages caused.

(d) Be reported to law enforcement authorities or relevant regulatory bodies.

(e)

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, notwithstanding the provisions of Clause 28 herein.

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:

(a) Acts of God (such as flood, drought, earthquake, fire, or other natural disaster);

(b) Epidemics, pandemics, public health crises, or outbreaks of communicable disease (including restrictions or regulations arising therefrom);

(c) War, threat of or preparation for war, armed conflict, imposition of sanctions, embargoes, or breaking off of diplomatic relations;

(d) Acts of terrorism, sabotage, civil unrest, riot, protest, or threat of such occurrences;

(e) Governmental orders, laws, decrees, restrictions, regulations, travel bans, or curfews (including without limitation those affecting immigration, transport, or health and safety);

(f) Strikes, lock-outs, labor disputes, or industrial actions (whether involving Pax Manor’s workforce or any third party);

(g) Failure or interruption of utilities (including water, gas, electricity, communications, or internet), transportation systems, or essential infrastructure;

(h) Cyber-attacks, data breaches, ransomware attacks, or critical IT systems failure;

(i) 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:

(a) Pax Manor Muthaiga shall be relieved of its obligations to the extent and for the duration that performance is prevented, hindered, or delayed;

(b) 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;

(c) Any payments made in advance may be retained as non-refundable to cover administrative, preparatory, or operational costs already incurred;

(d) Guests shall not be entitled to claim any form of damages, compensation, refund, or legal remedy arising out of such non-performance.

18.3 Suspension or Cancellation of Performance

Where a Force Majeure Event occurs, the Hotel may, at its sole discretion and without liability, suspend, cancel, or postpone any reservation, event, or service without notice and without any obligation to refund or compensate the Guest or any third party.

18.4 No Liability for Non-Performance

In no event shall the Hotel be held liable for failure to perform or for delay in performance of any obligation due to Force Majeure. Any deposit or prepayment made may be retained and applied as a credit for future services, subject to availability and Hotel policy.

18.5 Reinstatement of Services

Once the Force Majeure event subsides, the Hotel shall resume operations as soon as reasonably practicable, and all affected parties will be notified accordingly. Rebooking, rescheduling, or renegotiation shall be done strictly at the discretion of the Hotel and shall be subject to prevailing circumstances.

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 (“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 and Online Booking Disclaimer (“Terms”). 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

20.4.1 All prices displayed on the Website are in Kenyan Shillings (KES) and are subject to change without notice until the booking is confirmed.

20.4.2 Taxes, fees, and other charges may apply and are the responsibility of the guest.

20.4.3 Payment methods, deadlines, and cancellation policies are outlined on the Website and incorporated into these Terms.

20.5 User Account and Security

20.5.1 Users may be required to create an account to access certain features of the Website.

20.5.2 Users are responsible for maintaining the confidentiality of their account login details and for all activities that occur under their account.

20.5.3 Pax Manor shall not be liable for any loss or damage arising from unauthorized use of user accounts.

20.6 Intellectual Property Rights

20.6.1 All content on the Website, including but not limited to text, images, logos, design, software, and trademarks, is the exclusive property of Pax Manor Muthaiga or its licensors and is protected under applicable intellectual property laws.

20.6.2 Users may not reproduce, distribute, modify, or create derivative works without prior written consent.

20.7 Accuracy and Availability

20.7.1 Pax Manor strives to provide accurate, up-to-date information on the Website but does not guarantee that all information, including room availability, rates, descriptions, or promotional offers, is error-free, complete, or current.

20.7.2 The Website may be temporarily unavailable due to maintenance or technical issues. Pax Manor disclaims liability for any inconvenience or loss caused by Website downtime or errors.

20.8 Limitation of Liability

20.8.1 To the fullest extent permitted by law, Pax Manor shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the Website or from reliance on any information provided therein.

20.8.2 Pax Manor does not warrant that the Website is free from viruses, malware, or other harmful components.

20.9 Third-Party Links and Content

20.9.1 The Website may contain links to third-party websites or services. Pax Manor does not endorse or control these external sites and shall not be responsible for their content, privacy practices, or availability.

20.9.2 Users access third-party links at their own risk.

20.10 Data Privacy and Protection

20.10.1 Personal data collected through the Website is processed in accordance with Pax Manor’s Privacy Policy and applicable data protection laws, including the Data Protection Act, 2019 (Kenya).

20.10.2 Users’ consent to the collection, storage, and use of their data for booking, marketing, and service improvement purposes as described in the Privacy Policy.

20.11 Booking Amendments and Cancellations

20.11.1 Any changes or cancellations to bookings made through the Website must be made in accordance with the Manor’s published policies and within specified timeframes.

20.11.2 Pax Manor reserves the right to charge applicable fees or penalties for cancellations or amendments.

20.12 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any dispute arising from the use of the Website or bookings made online shall be subject to the exclusive jurisdiction of the courts of Kenya, unless otherwise agreed in writing.

20.13 Changes to Terms

Pax Manor reserves the right to update or modify these Terms at any time without prior notice. Users are encouraged to review the Terms regularly. Continued use of the Website constitutes acceptance of any changes.

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

23.2.1 Surveillance cameras may be installed in the following areas, without limitation:

(a) Main entrance and exit points

(b) Lobby, reception, corridors, and hallways

(d) Common guest areas such as lounges, restaurants, and conference rooms

(e) External grounds and perimeter fencing

(f) Service areas and storage rooms

23.2.2 Surveillance shall not be conducted in private or sensitive areas, such as guest bedrooms, bathrooms, spa treatment rooms, or changing areas, except in cases of strict legal necessity and subject to judicial warrant or regulatory approval.

23.3 Legal Basis and Compliance

23.3.1 The operation of CCTV systems is conducted in accordance with:

(a) The Data Protection Act, 2019 (Kenya)

(b) The Constitution of Kenya, 2010, with respect to the right to privacy

23.3.2 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

23.5.1 CCTV footage is recorded on a continuous basis and stored securely on encrypted, access-controlled servers.

23.5.2 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.

23.5.3 Access to stored footage is strictly limited to authorized personnel including security managers and senior management.

23.6 Disclosure and Sharing of Footage

23.6.1 CCTV footage may only be disclosed:

(a) To law enforcement agencies or courts pursuant to a valid legal request or judicial warrant

(b) To internal management for purposes of investigating misconduct or policy violations

(d) To the subject of the footage, upon formal request and in accordance with applicable laws, provided that doing so does not compromise the privacy rights of others

23.6.2 Requests for access, erasure, or restriction of CCTV data shall be handled in accordance with the Manor’s Data Subject Rights Protocol, as required under the Data Protection Act.

23.7 Tampering and Misuse

Any unauthorized access to, tampering with, or misuse of the CCTV system, footage, or hardware is strictly prohibited and may result in disciplinary action, prosecution, or both. Employees and contractors are bound by internal confidentiality and cybersecurity policies regarding surveillance systems.

23.8 Limitations and Liability

While Pax Manor takes reasonable measures to ensure the effectiveness and integrity of its CCTV system, it makes no representation or warranty that surveillance will prevent loss, damage, or harm to guests or property. Guests acknowledge that surveillance is not absolute and shall not be relied upon as a guarantee of safety or evidence.

23.9 Review and Updates

This policy shall be reviewed regularly and updated as necessary to remain compliant with legal, technological, and operational developments. The Manor reserves the right to amend this policy without notice, and such amendments shall become effective upon publication.

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

3.1 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

28.1.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including any question regarding their existence, interpretation, breach, termination, or validity (a “Dispute”), the Parties shall first seek to resolve such Dispute amicably through good faith negotiations.

28.1.2 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 (whether physically, virtually, or by correspondence) within forty-five (45) working days of such notice to attempt an informal resolution, after which clause 28.2 shall take effect.

28.2 Mediation

28.2.1 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.

28.2.2 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.

28.2.3 The mediator shall be a neutral third party jointly appointed by the Parties. In default of agreement, the mediator shall be appointed by the Chairperson of the CIArb (Kenya Branch).

28.2.4 The mediation shall be held in Nairobi, Kenya, unless otherwise agreed, and conducted in English.

28.2.5 The costs of the mediation shall be shared equally between the Parties, and each Party shall bear its own legal and advisory costs.

28.3 Final and Binding Arbitration

28.3.1 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), which Rules are deemed incorporated by reference into this clause.

28.3.2 The seat of arbitration shall be London, United Kingdom.

28.3.3 The arbitration tribunal shall consist of a sole arbitrator, unless the Parties agree otherwise. The arbitrator shall be fluent in English, possess legal qualifications in common law, and have at least ten (10) years of experience in hospitality, commercial, or contractual disputes.

28.3.4 The language of the arbitration shall be English.

28.3.5 The decision of the arbitrator shall be final and binding on the Parties, and may be entered and enforced in any court of competent jurisdiction.

28.4 Confidentiality

28.4.1 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.

28.4.2 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.

28.5 Costs

Unless otherwise determined by the arbitrator, the costs of the arbitration (including fees of the arbitrator, administrative fees, legal representation, and venue costs) shall be borne by the unsuccessful Party. If the decision is partly in favor of each Party, the arbitrator may apportion the costs appropriately.

28.6 Interim Relief

Notwithstanding the provisions of this Clause, nothing shall preclude either Party from seeking urgent injunctive or interim relief from any court of competent jurisdiction, including in Kenya, to preserve its rights or to prevent irreparable harm, pending the resolution of the Dispute in accordance with this Clause.

28.7 Survival

This Clause shall survive the termination, expiry, or rescission of these Terms and Conditions and shall continue to apply to any Dispute arising therefrom.

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 (including brochures, photos, designs, architectural plans, website content, guest materials), layout, concepts, and any proprietary systems, software, applications, audio-visual elements, and social media content (“Pax Manor IP”), 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. Any such use without express authorization constitutes a violation of applicable intellectual property laws and a material breach of these Terms and Conditions.

29.3 Use Restrictions

Guests and third parties are expressly prohibited from:

(a) Using Pax Manor IP for commercial purposes, resale, advertising, marketing, or promotional activities;

(b) Copying or reproducing any images or content from Pax Manor’s premises, website, or promotional materials for republication, digital sharing, or derivative work;

(d) Reverse engineering, decompiling, tampering with, or otherwise interfering with any systems, software, applications, or media owned by Pax Manor Muthaiga;

(e) Creating any impressions, marks, or references that suggest a false association, endorsement, sponsorship, or affiliation with Pax Manor Muthaiga.

29.4 Photography, Videography, and Content Capture

Unless explicitly authorized in writing by management:

(a) Guests may only take photographs or videos for personal, non-commercial use.

(b) The use of professional photography or videography equipment (including drones, gimbals, tripods, or lighting rigs) is prohibited.

(c) No guest, influencer, journalist, or content creator shall publish, disseminate, or monetize any images, video, or media content that features the Pax Manor brand, staff, or premises without prior express consent.

(d) Pax Manor reserves the right to request deletion or removal of any unauthorized content from digital platforms and shall pursue legal recourse where necessary.

29.5 Infringement and Enforcement

Any unauthorized use or infringement of Pax Manor IP shall be treated as a serious violation. Pax Manor Muthaiga reserves the right to:

(a) Immediately demand the cessation of such use;

(b) Institute legal proceedings, including for injunctive relief, damages, or account of profits;

(d) Report the infringement to relevant authorities or professional bodies for further legal or reputational consequences.

29.6 Guest Content

Where guests provide content (e.g., reviews, photos, testimonials, blog posts, social media tags mentioning Pax Manor), such content may be used, reproduced, displayed, or distributed by Pax Manor for promotional or internal purposes, without payment or further consent, unless explicitly stated otherwise in writing by the guest prior to posting. However, the guest retains ownership of the underlying intellectual property of their content, subject to the license granted to Pax Manor herein.

29.7 Indemnity for IP Breach

Guests, visitors, vendors, or third parties shall indemnify and hold harmless Pax Manor Muthaiga from and against any and all claims, liabilities, losses, expenses (including legal fees), and damages arising from unauthorized use, misappropriation, or infringement of Pax Manor’s intellectual property rights.

29.8 Survival

The provisions of this Clause 33 shall survive termination or expiration of any guest stay, visit, contract, or other relationship with Pax Manor Muthaiga and shall remain fully enforceable thereafter.

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. Such promotions may include text, images, video, audio, and interactive content.

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, even if already publicly advertised.

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.

30.4 Availability and Exclusions

All promotions are strictly subject to availability, blackout dates, and applicable exclusions, which may vary by room category, number of guests, date, or duration of stay. Pax Manor shall not be obligated to honor a promotional offer where applicable conditions have not been met or where the offer was withdrawn or expired at the time of booking.

30.5 Errors and Misprints

In the event of any typographical error, omission, pricing error, or misrepresentation (whether online or in print), Pax Manor shall not be bound by the terms of such erroneous publication. The Manor reserves the right to correct any error and to refuse or cancel any booking made under materially incorrect information.

30.6 Use of Guest Testimonials and Media

Unless expressly objected to in writing prior to or during the guest’s stay, Pax Manor may use anonymized guest testimonials, reviews, and non-identifiable photographs taken in public or common areas for the purpose of marketing and promotional content. Any image or testimonial used shall not contain the full name or personal identifiers of any guest without their explicit, written consent.

30.7 Participation in Marketing Activities

Guests may be invited, but are under no obligation, to participate in marketing activities such as photo shoots, video recordings, event coverage, surveys, or promotional content creation during their stay. Participation shall be voluntary and subject to a release or consent form provided at the time of engagement.

30.8 Privacy Assurance

Pax Manor affirms that all marketing activities shall be conducted in accordance with applicable data protection and privacy laws, including the Data Protection Act, 2019 (Kenya). Guest personal data shall not be sold, transferred, or disclosed to third parties for marketing purposes without explicit consent.

30.9 Social Media and Third-Party Content

Any third-party content (e.g., influencer posts, guest reviews, affiliate promotions) reposted or shared by Pax Manor on social media shall be credited where applicable. The Manor assumes no responsibility for the accuracy, legality, or content of such third-party materials and reserves the right to remove, moderate, or disassociate from any third-party content that is defamatory, misleading, or offensive.

30.10 Right to Withdraw or Modify

Pax Manor Muthaiga retains the right to unilaterally withdraw, modify, or reinterpret the terms of any marketing material or promotion, especially where continued publication is no longer commercially viable, accurate, or aligned with the Manor’s brand positioning or legal obligations.

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, but is not limited to, the following:

(a) Water Conservation: Use of low-flow fixtures, linen/towel reuse programs, and rainwater harvesting systems;

(b) Energy Efficiency: Implementation of energy-efficient lighting, motion sensors, energy-saving appliances, and solar solutions;

(c) Waste Management: Adoption of waste segregation, recycling protocols, composting of organic waste, and responsible disposal of hazardous materials;

(d) Sustainable Sourcing: Prioritization of local, organic, and ethically-sourced products, and collaboration with suppliers who uphold sustainable practices;

(e) 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.

31.4 Service Modifications in Support of Environmental Policy

31.4.1 Guests acknowledge and accept that certain services or conveniences may be modified, limited, delayed, or unavailable at various times in order to comply with Pax Manor’s environmental policies or to meet sustainability targets. This may include, but is not limited to, adjusted laundry schedules, lighting controls, air conditioning thresholds, or product substitutions.

31.4.2 Such modifications shall not constitute a breach of contract or grounds for complaint, refund, discount, compensation, or legal action, provided they are made in furtherance of Pax Manor’s stated sustainability goals or in compliance with any environmental laws, regulations, or governmental advisories.

31.5 Legal and Regulatory Compliance

Pax Manor Muthaiga shall comply with all applicable environmental statutes, county by-laws, national climate action policies, NEMA (National Environment Management Authority) regulations, and any other binding instrument or regulatory guideline issued by a competent authority with respect to environmental management and sustainability.

31.6 Sustainability Certifications and Reporting

Where applicable, Pax Manor may seek or maintain certification with recognized green hospitality standards or eco-rating bodies. While every effort is made to adhere to such standards in good faith, Pax Manor shall not be liable for any temporary lapses, administrative delays, or inspection discrepancies arising in connection with such certifications.

31.7 No Warranties or Guarantees

While Pax Manor endeavors to operate in an environmentally conscious manner, it does not warrant or guarantee that all its operations are carbon-neutral, free of environmental impact, or fully compliant with every evolving sustainability metric. Pax Manor disclaims any liability arising from guest expectations or third-party representations of its environmental record, provided such representations were not expressly made or endorsed by management in writing.

31.8 Survival and Interpretation

This clause shall survive termination of the guest’s stay or contract and shall be interpreted in a manner that favors environmental compliance, corporate social responsibility, and the legitimate pursuit of sustainable development.

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 and shall be construed as if such illegal, invalid, or unenforceable provision had never formed part of these Terms and Conditions.

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 (whether in whole or in part) is unlawful, void, invalid, ultra vires, unconscionable, ambiguous, impossible to perform, or otherwise unenforceable for any reason whatsoever:

32.2.1 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;

32.2.2 The Parties shall, to the extent possible, interpret and give effect to the remaining provisions in a manner that preserves the original intention and commercial balance of these Terms and Conditions as far as practicable.

32.3 Judicial and Arbitral Modification

To the extent that any severed provision can be modified, rewritten, or reinterpreted (whether by a court, tribunal, or arbitral body) in order to render it valid and enforceable while preserving its original intent, such authority is expressly granted. The Parties agree that such modification shall not be construed as an amendment or novation, but as a lawful judicial construction intended to maintain the enforceability of the agreement in its closest lawful form.

32.4 Substitution of Invalid Terms

Where a severed or modified provision was fundamental to the operation of these Terms and Conditions, the Parties agree to promptly negotiate in good faith and in accordance with the spirit and intent of the original terms to substitute a legally enforceable provision that most closely reflects the economic and legal purpose of the severed term. Failure to agree on a substitute provision shall not affect the continued enforceability of the remaining provisions.

32.5 No Waiver of Rights Due to Severance

The severance of any provision shall not be deemed or interpreted to constitute a waiver of any rights, remedies, privileges, or immunities to which Pax Manor Muthaiga is entitled under these Terms and Conditions, at law, in equity, or otherwise.

32.6 Survival and Continuity

All other provisions not affected by such severance shall survive and remain fully binding and enforceable. Severance shall not result in termination of the entire agreement unless the effect of the severance renders performance of the remaining agreement impracticable, illegal, or contrary to public policy.

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.