This document is being finalised with our advocate and may change. Items shown [in brackets] are still being confirmed. Your written quote sets out the terms that apply to your booking. Questions? Email info@creekstours.com.
We send a copy for each traveller to sign with the booking confirmation. It is published here so you can read it before you book.
1. Important acknowledgement
1.1 This document must be read and signed by each adult Traveller. A parent or legal guardian must complete the minor section for each Traveller under 18. It supplements but does not replace Booking Terms & Conditions for Tours and Safaris.
1.2 Safari and adventure travel cannot be made risk-free. By signing, you acknowledge inherent risks that remain after reasonable care. You do not waive rights that Kenyan or other mandatory law does not permit you to waive.
2. Risks understood
2.1 Depending on the Trip, risks include:
- wild, habituated or domestic animals acting unpredictably, bites, scratches, trampling, insects and zoonotic disease;
- remote areas, delayed communications, limited medical facilities, difficult evacuation and delayed rescue;
- rough or unsealed roads, vehicle collision or breakdown, boats, small aircraft, bicycles and walking on uneven ground;
- heat, sun, storms, flooding, dust, smoke, fire, cold, altitude, dehydration and contaminated food or water;
- hiking, forest tracking, rafting, boating, swimming, snorkelling, diving, ballooning, camping, zip-lining and other activity-specific hazards;
- crime, civil disturbance, border delay, public-health measures and changes by authorities;
- allergies, illness, fatigue or an existing condition being worsened by travel; and
- loss or damage to baggage and personal property.
2.2 Guides, Suppliers and authorities may cancel, stop or modify an activity for safety. Wildlife sightings and benign animal behaviour cannot be guaranteed.
3. Traveller declarations
3.1 I have read the itinerary and disclosed to Creeks Tours any condition, disability, allergy, medication, pregnancy or other fact reasonably necessary to assess and accommodate my participation. I will seek independent medical advice and will not participate beyond my capability.
3.2 I will maintain the insurance required by Travel Insurance, Health, Visa & Documentation Requirements, including suitable emergency medical evacuation and repatriation cover, and provide evidence on request.
3.3 I will follow lawful instructions, use supplied safety equipment, respect activity and age restrictions, and not participate while impaired by alcohol, drugs or medication.
3.4 In an emergency where I cannot consent, I authorise Creeks Tours and its Suppliers to contact emergency services, my emergency contact and insurer and to arrange reasonably necessary evacuation or treatment. I remain responsible for resulting costs not caused by Creeks Tours’ breach and authorise necessary health-data sharing for this purpose.
4. Assumption of inherent risk
4.1 I knowingly accept the ordinary inherent risks described in clause 2 that cannot be eliminated through reasonable care. This acknowledgement may be considered when deciding responsibility and causation, but it is not a release of negligent, reckless, fraudulent or unlawful conduct.
5. Limited release
5.1 To the fullest extent lawful, I release Creeks Tours from a claim arising solely from an inherent risk I knowingly accepted where Creeks Tours and the relevant Supplier exercised the standard of care required by law.
5.2 I do not release Creeks Tours or any person from liability for fraud, wilful misconduct, or death or personal injury caused by negligence to the extent exclusion is prohibited, or from any mandatory consumer or occupiers’ liability.
6. Proportionate indemnity
6.1 I will indemnify Creeks Tours against a third-party claim, fine or direct loss to the extent caused by my unlawful act, deliberate misconduct or material breach of a safety instruction. The indemnity does not cover loss caused by Creeks Tours’ or another indemnified person’s negligence, breach or unlawful act, and is reduced for contributory fault.
7. Governing law and signature
7.1 Kenyan law governs, subject to mandatory rights. Disputes follow Complaints & Dispute Resolution Procedure.
7.2 Adult Traveller: Name [Traveller full name]; Trip [Trip name and dates]; emergency contact [Emergency contact name and number]; insurer/policy [Insurer and policy number]; signature [Signature]; date [Signature date].
8. Parent or guardian consent for a minor
8.1 I, [Parent or guardian full name], confirm I am the minor’s [Relationship/legal authority] and may give this consent for [Minor full name and date of birth]. I have read this document and the Minors, Families & Child Safeguarding Policy, disclosed relevant needs, and consent to the minor’s participation in the activities specifically confirmed in the Quote, subject to guide and Supplier decisions.
8.2 I understand that this consent cannot waive the minor’s non-waivable rights. I will supervise the minor except during a specifically agreed, appropriately supervised activity.
8.3 Parent/guardian signature [Signature]; date [Signature date]; independent witness if required [Witness name and signature].