Guide to Structuring Agreements Between Camps/Resorts and Independent Land Cruiser Vehicle Owners in Masai Mara

When partnering with independent Land Cruiser vehicle owners for game drives and safaris in Masai Mara, it is crucial to have a well-structured agreement that ensures reliability, professionalism, and smooth operations. Below is a guide to essential clauses that should be included in the agreement to avoid common challenges and ensure a high-quality guest experience.

1. Vehicle Arrival & Overnight Parking Clause #

To ensure timely game drives, the vehicle should arrive and stay overnight at the camp or resort the night before the scheduled safari. This eliminates the risk of delays in the morning due to unforeseen road conditions or mechanical issues.

• Example Clause: “The independent vehicle owner agrees to have the safari vehicle on-site at [Camp/Resort] by no later than [X] PM the night before the scheduled game drive. The vehicle will remain parked at the camp overnight to ensure readiness for early morning departures.”

2. Fueling Clause #

Ensuring the vehicle is fueled the day before the game drive is essential to avoid delays at petrol stations that may have long queues, delayed opening times, or fuel shortages (e.g., 1031 Petrol Station).

• Example Clause: “The independent vehicle owner agrees to fully fuel the safari vehicle the day prior to the scheduled game drive. Failure to fuel the vehicle in advance will result in penalties or deductions from the agreed fees. The owner must ensure the vehicle is adequately fueled to cover the entire game drive without requiring refueling during the safari.”

3. Contingency Plan & Alternative Vehicle Clause #

To avoid guest disappointment in case of vehicle unavailability due to mechanical issues or other unforeseen circumstances, the owner must notify the camp in advance and provide an alternative.

• Example Clause: “In the event that the designated vehicle is not available due to mechanical failure or other issues, the vehicle owner must notify [Camp/Resort] at least [X] hours in advance and provide a comparable alternative vehicle. The alternative vehicle must meet the same standards and be ready at the agreed time, ensuring no disruption to the guest experience.”

4. Driver Qualification & Certification Clause #

Ensuring the driver is not only licensed but also professionally trained and certified as a tour guide is essential for a high-quality safari experience. Drivers should have a minimum of a bronze KPSGA (Kenya Professional Safari Guides Association) certification.

• Example Clause: “The vehicle owner agrees to provide a trained and certified driver with a valid driving license and at least a bronze KPSGA certification. The driver must have completed recognized tour guide training and demonstrate in-depth knowledge of the Masai Mara ecosystem, wildlife, and safari best practices.”

5. Vehicle Maintenance & Safety Standards Clause #

Ensuring that the safari vehicle is well-maintained, fully insured, and meets safety standards is essential for the safety and comfort of guests.

• Example Clause: “The vehicle owner must ensure the safari vehicle is well-maintained, fully serviced, and meets all safety standards, including functioning seatbelts, a reliable communication system (e.g., radio or mobile phone), and comprehensive insurance coverage. Any vehicle failing to meet these requirements will be rejected, and penalties may apply.”

6. Guest Comfort & Amenities Clause #

Safari vehicles should offer basic amenities such as comfortable seating, water, and access to shaded or open-top views to enhance the guest experience.

• Example Clause: “The vehicle must be equipped with comfortable seating for all guests, sufficient water for the duration of the game drive, and features such as a pop-up or open-top roof for unobstructed wildlife viewing. Failure to meet these standards may result in penalties or cancellation of the agreement.”

7. eTIMS Compliance & VAT Invoice Clause #

All vehicle owners must comply with the Kenyan government’s electronic Tax Invoice Management System (eTIMS) and have an active VAT account to issue compliant VAT invoices easily.

• Example Clause: “The vehicle owner agrees to be eTIMS compliant, maintaining an active VAT account with the Kenya Revenue Authority (KRA) to generate electronic tax-compliant invoices for all services rendered to [Camp/Resort]. Non-compliance may result in termination of the agreement.”

8. Payment Terms & Cancellation Policy Clause #

Clear payment terms and cancellation policies should be set to avoid disputes and ensure timely payments.

• Example Clause: “Payment for services will be made [X] days in advance. Any cancellation within [X] hours of the scheduled service will result in a [percentage] penalty. Delays in payment will incur a [X]% interest per day.”

9. Liability & Insurance Clause #

Ensure that liability for accidents, damages, or guest safety is covered by the vehicle owner’s insurance.

• Example Clause: “The vehicle owner is fully liable for any damages, accidents, or injuries caused during the game drive and must provide proof of comprehensive insurance. [Camp/Resort] will not be held responsible for incidents arising from vehicle malfunction or negligence.”

10. Professionalism & Etiquette Clause #

Drivers must maintain professionalism at all times, including punctuality, respectful interaction with guests, and cleanliness of the vehicle.

• Example Clause: “Drivers must adhere to professional standards, ensuring punctuality, respectful interaction with guests, and maintaining a clean and tidy vehicle. Any guest complaints may result in review or termination of the agreement.”

Conclusion #

By including these clauses in the agreement between your camp/resort and independent Land Cruiser vehicle owners, you can ensure that your guests have a seamless, enjoyable, and safe safari experience in the Masai Mara. Clear terms will help avoid misunderstandings and ensure that both parties are aligned on expectations and responsibilities.