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Force Majeure Policy
Hauchi Kay Catering Service Kenya is committed to delivering exceptional catering services for weddings, corporate events, birthday parties, social gatherings, and all occasions across Nairobi and Kenya. We invest extensive resources in planning, procurement, staffing, and logistics to ensure every event is a success. However, we acknowledge that certain extraordinary circumstances beyond the reasonable control of either party may make it impossible or impractical to fulfil catering obligations.
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. This policy is part of every Hauchi Kay Catering Service agreement and applies to all catering services in Nairobi, Kiambu, Athi River, and across Kenya.
Definition of Force Majeure
For the purposes of this policy, a ‘Force Majeure Event’ refers to any event or circumstance that is 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 including earthquakes, floods, landslides, drought, severe storms, or other natural disasters affecting Nairobi or event locations in Kenya
- Government-declared states of emergency, lockdowns, or public health emergencies such as pandemic or epidemic declarations by the Government of Kenya or the World Health Organization
- Civil unrest, riots, public demonstrations, or political instability that directly prevents safe access to the event venue or Hauchi Kay Catering facilities
- War, terrorism, or armed conflict affecting Kenya or the specific event region
- Sudden critical infrastructure failure including power outages, water supply disruption, or road network closures making event delivery impossible
- 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, Kenya National Government, or relevant regulatory authorities
- Sudden and severe shortage of critical food ingredients due to national supply chain disruption or government import restrictions
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 Force Majeure Event
- Describe the nature of the Force Majeure Event, its likely duration, and the impact on the catering service obligations
- Provide supporting documentation where available (e.g., 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.
Obligations During Force Majeure
Both Hauchi Kay Catering Service Kenya and the client agree that during a Force Majeure Event:
- Both parties will make all reasonable efforts to mitigate the impact of the Force Majeure Event on the catering engagement
- Hauchi Kay Catering Service Kenya will endeavour to propose alternative event dates, modified service scopes, or partial delivery options where feasible
- Neither party will be held liable for losses or damages arising directly from a verified Force Majeure Event
- All non-Force Majeure obligations under the catering agreement remain unaffected
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 to Force Majeure postponements:
- All payments already made will be held as credit towards the rescheduled event date
- Any additional costs incurred by Hauchi Kay Catering Service in relation to the postponement (e.g., perishable ingredient waste, advance staffing costs) will be transparently communicated and may be incorporated into the rescheduled event invoice
- 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
- Hauchi Kay Catering Service Kenya will make every effort to honour the original agreed menu and service scope for the rescheduled event
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:
- Deposits paid will be refunded minus verified, documented costs already incurred by Hauchi Kay Catering Service Kenya (including but not limited to perishable ingredients purchased, equipment hire costs, and supplier commitments)
- A detailed cost breakdown will be provided to the client within 14 business days of the Force Majeure cancellation notification
- The residual refund will be processed within 30 business days of agreement on the cost breakdown
- Neither party shall be entitled to claim consequential damages or lost profits arising from a Force Majeure cancellation
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
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
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.
Hauchi Kay Catering Service Kenya – Your Trusted Catering Partner Across Nairobi and Kenya.