Hauchi Kay CateringCorporate · Party · Wedding · Events · Private Chef ·Nairobi, Kenya Force Majeure Policy
This Force Majeure Policy outlines how Hauchi Kay Catering Service Kenya and our clients will manage catering agreements when unforeseeable events beyond either party’s control arise, applying to all catering services in Nairobi, Kiambu, Athi River and across Kenya.
Applies toAll Hauchi Kay Catering Service agreements
NotificationWithin 24 hours of a Force Majeure Event
Postponement windowNew date agreed within 90 days
RefundsProcessed within 30 business days of agreement
Governing lawLaws of the Republic of Kenya
QuestionsContact support@eventscatering.co.ke
Policy
Definition of Force Majeure
A ‘Force Majeure Event’ refers to any event or circumstance beyond the reasonable control of Hauchi Kay Catering Service Kenya or the client, that could not have been anticipated or avoided with reasonable precautions, and that prevents, delays, or makes impractical the performance of catering services. Force Majeure Events include but are not limited to:
Acts of God
Earthquakes, floods, landslides, drought, severe storms or other natural disasters affecting Nairobi or event locations in Kenya.
Public health emergencies
Government-declared states of emergency, lockdowns, or pandemic or epidemic declarations by the Government of Kenya or the WHO.
Civil unrest
Riots, public demonstrations, or political instability that directly prevents safe access to the event venue or our facilities.
War or armed conflict
War, terrorism, or armed conflict affecting Kenya or the specific event region.
Infrastructure failure
Sudden critical failure including power outages, water supply disruption, or road network closures making delivery impossible.
Fire or structural damage
Fire, explosion, or structural damage to Hauchi Kay Catering Service facilities or the event venue.
Government orders
Regulatory actions or mandatory venue closures issued by Nairobi County, national government, or relevant regulatory authorities.
Supply chain shortage
Sudden and severe shortage of critical food ingredients due to national supply chain disruption or import restrictions.
Requirements
Notification Requirements
When a Force Majeure Event occurs or is anticipated, the affected party, whether Hauchi Kay Catering Service Kenya or the client, must:
- Notify the other party as promptly as reasonably possible, and in any case within 24 hours of becoming aware of the Force Majeure Event
- Provide written notification via email to support@eventscatering.co.ke or via the client’s registered contact details confirming the event
- Describe the nature of the Force Majeure Event, its likely duration, and the impact on catering service obligations
- Provide supporting documentation where available, such as government notices, news reports, medical certificates, or official advisories
Failure to provide timely notification may limit the Force Majeure protections available to the affected party under this policy.
During an event
Obligations During Force Majeure
Both Hauchi Kay Catering Service Kenya and the client agree that during a Force Majeure Event:
Mitigate the impact
Both parties will make all reasonable efforts to mitigate the impact of the Force Majeure Event on the catering engagement.
Propose alternatives
Hauchi Kay Catering Service Kenya will endeavour to propose alternative event dates, modified service scopes, or partial delivery options where feasible.
No liability for losses
Neither party will be held liable for losses or damages arising directly from a verified Force Majeure Event.
Other obligations unaffected
All non-Force Majeure obligations under the catering agreement remain unaffected.
Postponement
Event Postponement Due to Force Majeure
Where a Force Majeure Event makes it necessary to postpone an event, Hauchi Kay Catering Service Kenya will work collaboratively with the client to identify a mutually agreeable alternative date. The following conditions apply:
Payments
Credit towards new date
All payments already made will be held as credit towards the rescheduled event date.
Costs
Transparent additional costs
Any additional costs incurred in relation to the postponement, such as perishable ingredient waste or advance staffing costs, will be transparently communicated and may be incorporated into the rescheduled invoice.
Timeline
90-day rescheduling window
The rescheduled event date must be agreed within 90 days of the original event date, or the booking may be treated as a cancellation under this policy.
Menu
Original menu honoured
Hauchi Kay Catering Service Kenya will make every effort to honour the original agreed menu and service scope for the rescheduled event.
Cancellation
Event Cancellation Due to Force Majeure
Where a Force Majeure Event makes it impossible to proceed with the event and rescheduling is not feasible or desired, the following cancellation terms apply:
Refunds
Deposits refunded, less costs
Deposits paid will be refunded minus verified, documented costs already incurred, including perishable ingredients purchased, equipment hire costs, and supplier commitments.
14 days
Cost breakdown provided
A detailed cost breakdown will be provided to the client within 14 business days of the Force Majeure cancellation notification.
30 days
Residual refund processed
The residual refund will be processed within 30 business days of agreement on the cost breakdown.
No claims
No consequential damages
Neither party shall be entitled to claim consequential damages or lost profits arising from a Force Majeure cancellation.
Rescheduling has a 90-day window
Agree a new date within 90 days of the original event date, or the booking may be treated as a cancellation under this policy.
Exclusions
Exclusions from Force Majeure
The following circumstances do not qualify as Force Majeure Events under this policy:
- Poor weather conditions that were foreseeable and do not render service delivery impossible
- Financial hardship, budget changes, or change of mind by the client
- Supplier price increases or ordinary market fluctuations
- Staff shortages arising from inadequate workforce planning by Hauchi Kay Catering Service
- Venue changes initiated by the client that are not related to an emergency
- Failure to obtain required event permits or licences where timely application was possible
Insurance
Force Majeure & Insurance
Hauchi Kay Catering Service Kenya strongly recommends that all clients purchasing significant catering packages obtain event cancellation insurance that covers Force Majeure Events. While Hauchi Kay Catering Service operates with professional indemnity coverage, clients are advised to consult their insurance providers regarding coverage for Force Majeure-related losses specific to their event.
Governing law
Governing Law
This Force Majeure Policy is governed by the laws of the Republic of Kenya. Any dispute arising from the application of this policy that cannot be resolved amicably will be subject to the jurisdiction of the courts of Nairobi, Kenya, and the provisions of Hauchi Kay Catering Service Kenya’s Dispute Resolution Policy.