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.
1. Parties and definitions
1.1 Creeks Tours, we or us means Creeks Tours and Travel Limited, trading as Creeks Tours & Travel, of [Registered office address], Karen, Nairobi, Kenya. We are licensed by the Tourism Regulatory Authority of Kenya; our licence number is available on request.
1.2 You or Traveller means each person named in a Booking. The Lead Traveller is the adult authorised to book and receive notices for the group. Trip means the travel services in the accepted Quote. Quote means our written itinerary and price. Booking means the contract formed under clause 2. Supplier means a hotel, camp, airline, transport provider, guide, park authority, permit issuer or local operator providing part of the Trip.
1.3 The Lead Traveller confirms authority to provide information and accept these terms for the group, but each adult remains responsible for reviewing them and signing any personal release. A parent or guardian accepts for a minor only to the extent Kenyan law permits.
2. Quote, acceptance and contract
2.1 Website content and an enquiry are not offers. We will issue a written Quote stating the itinerary, travellers, inclusions, exclusions, price, validity period, payment schedule and special terms.
2.2 A Booking is formed when, before the Quote expires, we receive the required deposit or full payment and send written confirmation; or when we expressly confirm in writing that your written acceptance alone forms the Booking. If payment arrives after expiry or availability changes, we may return it or issue a revised Quote.
2.3 The contract consists, in descending priority, of signed special terms, the Booking confirmation and accepted Quote, these terms, Cancellation, Amendment & Refund Policy, Force Majeure, Government Action & Safety Advisories Policy, and other incorporated policies. An agreed written variation prevails for that issue.
2.4 Email and WhatsApp records may evidence offer, acceptance and notices, consistently with the Law of Contract Act and the electronic-transactions framework in the Kenya Information and Communications Act. We may require an advanced electronic signature or wet signature for releases and exceptional arrangements.
3. Price, deposit and payment
3.1 Prices are quoted in United States dollars (USD), normally as a “from” price per person until personalised. The confirmed Quote must state whether pricing is per person, per room, per vehicle, per couple or total group price.
3.2 Unless the Quote states a supplier-driven alternative, the deposit is [Deposit %] of the total Trip price and the balance is due [Balance due days before departure] days before departure. A Booking made after the balance date requires full payment. Time for payment is material because Suppliers may release reservations.
3.3 Accepted methods are [Accepted payment methods]. Payment is complete only when cleared funds reach the account on our invoice. Never pay to substituted bank details without verifying the change by calling +254 717 348 064 using the number on the Website.
3.4 You bear sending-bank, correspondent-bank, card and currency-conversion charges. We bear our receiving-bank charges unless the Quote says otherwise. The amount due is the invoiced USD amount; exchange-rate movement between quote and settlement is your risk. We will not add an undisclosed “resort”, administration or booking fee.
3.5 We may suspend performance or cancel for non-payment after reasonable written notice. Cancellation charges still apply where we have committed non-refundable sums.
4. What is included and excluded
4.1 Only items expressly listed as included in the accepted Quote are included. Depending on the Trip, these may include specified accommodation, stated meals, airport or hotel transfers, safari vehicle transport, specified game drives, park entry, listed tours, English-speaking guides, and for some Zanzibar packages, identified flights and government taxes.
4.2 Unless expressly included, the price excludes international flights, visas or eTAs, mandatory inbound insurance, personal travel insurance, medical costs, vaccinations, tips, drinks, lunches or other unstated meals, optional activities, water sports, laundry, personal expenses, excess baggage, single supplements, passport costs, and anything not listed.
4.3 Many current trip pages have empty inclusion and exclusion fields. No one may rely on silence as meaning “all-inclusive”; the accepted Quote must complete both lists.
5. Price changes before departure
5.1 After Booking, we may pass through a documented increase imposed by government, park or conservancy authority, tax or levy authority, permit issuer, airline, fuel provider or material exchange-rate movement only where the Quote permits it, the cause is outside our control, and we explain the calculation.
5.2 We absorb the first [Price increase tolerance %] of any eligible increase. If the increase above the confirmed price exceeds [Material price increase %], you may accept it, choose a reasonable lower-cost alternative if available, or cancel and receive the refund required by applicable law less only costs the law permits us to retain.
6. Itinerary and accommodation changes
6.1 Safari conditions are dynamic. We may make a reasonable change for safety, weather, roads, wildlife or park management, Supplier failure, conservation rules or operational necessity. We will preserve the Trip’s main character and value where reasonably possible.
6.2 We may substitute accommodation with a reasonably comparable property in location and standard. If a significant pre-departure change materially reduces value, we will offer an appropriate price reduction, alternative or cancellation/refund as applicable.
6.3 Wildlife, migration, animal behaviour, views, weather, road times, water levels and specific sightings are not guaranteed. Optional activities remain subject to permits, weather, age, health and Supplier rules.
7. Group size, minimum numbers, vehicles and guides
7.1 The Quote must state whether the Trip is private or shared, the planned vehicle arrangement, any maximum group size and any minimum number needed to operate at the quoted price. Website “max guests” fields do not override the Quote.
7.2 If a minimum is not reached, we may propose a supplement, alternative date, private arrangement or cancellation. If we cancel solely for minimum numbers, clause 5 of Cancellation, Amendment & Refund Policy applies and we will not charge a cancellation fee.
7.3 Vehicles, seats and guides may be supplied by vetted local operators. A named guide or vehicle is not guaranteed unless expressly confirmed. We may replace either with a suitably qualified alternative.
8. Children, rooms and special requests
8.1 A child is a Traveller under 18. Children are generally priced at 75% of the adult per-person price, subject to park fees, Supplier age bands and room rules; the Website estimate is not a binding tariff. The Quote must state each child’s age, price, room basis and activity eligibility. Supplier age bands, park fees, flight fares and room rules control the underlying cost.
8.2 A parent or guardian is responsible for continuous supervision, behaviour, documents and consents. Activity limits and safeguarding terms are in Minors, Families & Child Safeguarding Policy.
8.3 Solo occupancy, an unpaired room or a requested room type may attract a single supplement stated in the Quote. Special requests, including diet, accessibility, connecting rooms or celebrations, are requests unless expressly guaranteed in writing. Tell us about material needs before Booking.
9. Traveller duties
9.1 You must provide accurate information, pay on time, obtain documents and insurance, disclose relevant fitness or accessibility needs, follow lawful safety instructions, respect communities, wildlife and property, and arrive at stated meeting points on time.
9.2 Do not leave a vehicle or approach, feed, touch, harass or call wildlife except under an authorised guide’s instruction. Do not remove flora, fauna or cultural property. Hunting and unlawful possession of wildlife trophies are prohibited.
9.3 Drones and commercial filming require all prior aviation, park, wildlife, security, property and community permissions. Do not bring or fly a drone unless we confirm the required approvals in writing. Ordinary personal photography must respect people’s consent, memorial rules and restricted sites.
9.4 Tips are voluntary unless an identified service charge is expressly included. We may provide non-binding tipping guidance; no staff member may coerce a tip.
10. Conduct and removal
10.1 We may give a warning and, if proportionate, remove a Traveller whose conduct unlawfully or materially endangers people, animals, property or the Trip; persistently disrupts others; involves harassment, violence, intoxication or illegal substances; or refuses a reasonable safety instruction.
10.2 Except in an immediate safety emergency, we will explain the concern and allow a reasonable opportunity to correct it. We will help arrange safe onward transport where practicable. The Traveller bears resulting costs and receives no refund for unused services to the extent their material breach caused the removal, but this does not exclude a refund required by law or for services we recover and can reasonably resell.
11. Suppliers and our responsibility
11.1 We organise the combined Trip and remain responsible for our own obligations. We may act as disclosed agent for a standalone flight, permit or other service where the Quote clearly says so. The separate Supplier, Third-Party Services & Local Operator Disclaimer gives more detail.
11.2 We select Suppliers with reasonable care and require lawful performance. We are not automatically excused merely because a Supplier performs a service. Our liability depends on the contract, applicable consumer law, causation and any lawful defence.
11.3 We will provide our services with the reasonable care and skill required by the Consumer Protection Act 2012 and applicable Kenyan contract and supply-of-services principles. Any goods supplied incidentally to a Trip remain subject to non-excludable quality or fitness obligations under applicable law, including relevant Sale of Goods principles.
12. Risk, insurance and documents
12.1 Safari and adventure travel involves inherent risks. Each Traveller must review and, where required, sign Assumption of Risk, Release & Indemnity and must comply with Travel Insurance, Health, Visa & Documentation Requirements.
12.2 Comprehensive travel insurance, including overseas medical treatment and emergency evacuation/repatriation suitable for all booked activities, is mandatory from Booking until return. Failure to insure does not transfer an otherwise insured loss to us.
13. Cancellation, force majeure and complaints
13.1 All cancellations, amendments and refunds follow Cancellation, Amendment & Refund Policy. Force majeure and government action follow Force Majeure, Government Action & Safety Advisories Policy.
13.2 Report a problem promptly during the Trip so we and the Supplier can try to fix it. Follow Complaints & Dispute Resolution Procedure after the Trip. A short reporting target does not remove rights that cannot lawfully be limited under the Consumer Protection Act or Limitation of Actions Act.
14. Liability
14.1 Nothing excludes or limits liability for fraud, wilful misconduct, or death or personal injury to the extent caused by negligence where exclusion is prohibited, nor any mandatory consumer remedy.
14.2 Subject to clause 14.1 and applicable law, we are liable for direct loss that is reasonably foreseeable and caused by our breach. We are not liable for loss caused by your breach, an unrelated third party, an unavoidable and extraordinary event despite reasonable measures, or an inherent risk that was properly disclosed and not caused by our negligence.
14.3 For a Traveller booking personally, we are not liable for business losses. Any monetary cap stated in [Liability cap and basis] applies only to the extent fair, reasonable, clearly disclosed and lawful, and does not apply to clause 14.1.
15. Assignment, subcontracting and entire agreement
15.1 We may subcontract performance but remain responsible to the extent the law and contract provide. We may assign the Booking only to a solvent successor capable of performance, with notice and without reducing your rights.
15.2 You may transfer a Booking to another eligible Traveller if Suppliers allow it, you give reasonable notice, all documents are supplied, and the original and replacement Traveller pay actual transfer costs. You may not otherwise assign without our written consent.
15.3 The contract described in clause 2.3 is the entire agreement. This does not exclude liability for misrepresentation that cannot lawfully be excluded. If a provision is invalid, it will be narrowed or severed and the remainder continues.
16. Notices, disputes and law
16.1 Notices must be sent to the contact details in the Booking. A notice by email or WhatsApp is received when delivered without an error message during the recipient’s local business hours, otherwise the next business day. A cancellation is effective only when received and acknowledged; if no acknowledgement arrives within one working day, call us.
16.2 The parties will first use good-faith negotiation, then consensual mediation in Nairobi or online. If unresolved, the courts of competent jurisdiction in Nairobi, Kenya have non-exclusive jurisdiction. Kenyan law governs, without depriving a consumer of mandatory protections applicable in their home jurisdiction.