Rules of Betting : General

In these rules, unless inconsistent with the context, the singular shall include the plural and vice versa, the male shall include the female

2.1.
APPLICABILITY OF RULES:
these Rules shall apply to the Club and to every person placing a bet at any totalizator conducted by the Club or any outlet authorised by the Club as the case may be. Provided that in so far as any Rule may relate to a specific totalizator pool such Rule shall be applicable only if the Club offers such pool.

Nothing in these Rules contained, shall be construed as placing an obligation on the Club to offer any specific totalizator pool.

2.2.
TAX AND COMMISSION:
Deductions as stipulated by the Authorities and the Club, as laid down from time to time, shall be deducted from every gross pool before the calculation of any dividend.

2.3.
REFUNDS:
Whenever a horse is withdrawn from a race before or after coming under starter's orders, or if one or more of the starting gates do not open, thus preventing a fair start; the horse shall be deemed to be withdrawn and the amount invested on such horse in any Win, Place, Exacta, Quartet, Swinger or Trifecta pool will, subject to the provisions of these rules, be refundable to the investor.

Provided that:
2.3.1.

A refund shall only be made on presentation of a ticket bearing the number of the withdrawn horse.

2.3.2.
No refund will be made in respect of any Place Accumulator or Pick 6 ticket except where a race meeting is cancelled or abandoned before the first leg of a Place Accumulator or Pick 6, as the case may be.

2.4.
DIVIDENDS:
2.4.1.

All unit bet dividends shall be calculated to the completed 1 shilling and any balance remaining after such calculation shall accrue to and become the property of the Club.

2.5.
LOST OR MUTILATED TICKETS:
No claim will be recognised in respect of a lost or mutilated ticket.

2.6.
PRESCRIPTION:
2.6.1.

Subject to the provisions of these rules, no claim for payment of a dividend or for refund shall be admitted unless made within 60 days of the date of issue of the ticket.

2.6.2.
Monies unclaimed 60 days after the date of issue of a ticket shall be forfeited and accrue to and become the property of the Club.

2.7.
PAYMENT OF DIVIDENDS:
Subject to the provisions of these rules, payment of dividends will commence as soon as possible after each race has been decided and declared "official".

2.8.
OBJECTIONS:
Whenever an objection against the result of a race has been lodged, any payments shall be made in accordance with the decisions of the race-meeting Stewards.

2.9.
COMPLAINTS:
No complaint either in regard to the correctness of a ticket, the correctness of change or the payment of a dividend will be entertained unless it is made before the complainant leaves the teller/operator window.

2.10.
MINORS:
No bet may be made by or on behalf of a minor and no dividend will be paid to a minor or to anyone on behalf of a minor.

2.11.
LIMITATION OF LIABILITY:
The Club or any Steward, Official, Member, Independent Authorised Contractor, Agent or Employee shall not be liable for damages resulting from any breach of contract or any negligence or grossly negligent act relating in any way to totalizator betting for which they are responsible either directly, indirectly, vicariously or in any way, and in particular none of the aforementioned shall be liable in damages either directly, indirectly, vicariously or in any other way for loss, destruction or disappearance of any original betting ticket, or for any error made by any of the aforesaid persons.

2.12.
CLOSING TIMES OF POOLS:
Bets must either be accepted by the wagering system of The Jockey of Club Kenya before the stated closing time or the wagering system closes for the purposes of accepting bets for the particular pool for which the bet is placed. A bet cannot be accepted after the results of the event is known, if the wagering system of The Jockey Club of Kenya erroneously accepts a bet in this circumstance the bet would be refunded.

2.13.
PROHIBITION OF STAFF BETTING:
No employee of the JCK totalisator, whether permanent or temporary is entitled to participate, either directly or indirectly, in any way whatsoever in any totalizator pool or dividend.

2.14.
CONFIDENTIAL:
Information and details gained with regard to any type of betting transaction are strictly confidential and no employee of the Club may divulge such information.

2.15.
POSTAL BETTING:
Postal bets will not be accepted.

2.16.
ONUS ON INVESTOR AND WAIVER OF CLAIM:
The onus is on the investor to ensure that a bet slip is correctly completed and that the ticket issued corresponds with the selections requested on that bet slip or in the case of a verbal bet that such ticket issued corresponds to the bet called by the said investor or in the case of a telephone bet that the bet called back by the operator corresponds to the bet called by the said investor.

The investor will not have any claim arising out of any error made by any person purporting to act on behalf of a Club.

2.17.
ASSISTANCE BY STAFF:
Staff who offer any advice on betting and/or assistance to investors in the completion of any bet slip or in the issue of any ticket in accordance with these Rules, shall not be liable for failure to comply with the requirements of such investor, nor shall any claim lie against the Club.

The Club likewise is not bound contractually for any default or omission caused by any member of staff dealing with an investor.

2.18.
EQUIPMENT FAILURE: In the event of breakdown in any equipment, device or means of communication employed by the Club for processing bets, the Club may declare the favourite for the race and such dividend or refund as may be appropriate in the circumstances having regard to the information available. If, for any reason whatsoever, it is not possible to transfer the Off-Course bets to an On-Course totalizator or vice versa, the Club may declare dividends in respect of the Off-Course or on On-Course bets either at the same rates as applied to the On-Course or Off-Course bets or alternatively may treat the Off-Course or on On-Course bets as forming separate pools from which independent dividends are calculated.

2.19.
LOG TAPE OR AUDIT FILES:
2.19.1.

The only admissable evidence to a betting transaction shall be the record of the original transaction contained on the log tape or audit files of the computer system.

2.19.2.
In the event of a discrepancy existing between the bet details printed on the ticket issued and the aforementioned logged records the bet details reflected in the records shall prevail.

2.19.3.
The decision of the Board of the Club as to the validity or otherwise of any claim made upon a printed ticket held by any claimant shall be final and binding on all parties.

2.20.
INTERPRETATION OF RULES:
2.20.1.

In any dispute regarding the meaning and interpretation of these Rules, the meaning and interpretation placed thereon by the Board of the Club shall be final and binding.

2.20.2.
Where any matter not provided for in these rules arises, the decision of the Board of the Club shall be final and binding.

2.21.
DECISION OF THE BOARD OF THE CLUB:
The Board of the Club shall in its absolute discretion decide any dispute arising in any way whatsoever from the running of the Totalizator betting transactions, and in particular its decision as to the validity of any claim to participate in any dividend, shall be final and binding between the Club and anyone who has invested, or claims to have invested in any Totalizator pool.

For this purpose the Club shall be entitled to conduct an inquiry which the complainant shall be obliged to attend, answer questions and be entitled to be heard, make representations and call witnesses.

The complainant shall not be entitled to legal representation at the hearing.