Last Updated: 18/03/2026
Definitions & Contract Formation
1.1 “Offbeat Experiences” (“the Company”, “we”, “our”, “us”) refers to the tour operator organizing and/or selling the travel services.
1.2 “Client” (“you”, “your”, “participant”, “traveler”) refers to any person booking or participating in a tour.
1.3 A binding contract is formed once the Company issues written confirmation and receives the required deposit or full payment.
1. Scope Of Services
2.1 The Company acts solely as an agent on behalf of hotels, transport providers, guides, conservancies, and all third-party suppliers (“Service Providers”).
2.2 The Company does not own or control the Service Providers and is not liable for their acts, omissions, negligence, delays, or failures.
2. Prices, Payment, & Currency Adjustments
3.1 All prices are subject to change without notice due to variations in fuel costs, park fees, taxes, exchange rates, or supplier adjustments.
3.2 Once full payment is received, the price is final unless affected by government or statutory increases.
3.3 Deposits are non-refundable unless explicitly stated otherwise. However, these deposits can be used for future tours agreed upon by the company and client.
2.1 Cancellation Policy
Cancellations must be submitted to the Company in writing. The date the Company receives the written notice determines the cancellation charges. Because we prepay lodges and conservancies to secure your wilderness experience, the following scale applies to all bookings:
- 61 days or more before arrival: The deposit is non-refundable. However, it may be held as credit for a future safari within 12 months of the original start date.
- 60 to 31 days before arrival: 50% of the total tour price is forfeited.
- 30 days or less before arrival: 100% of the total tour price is forfeited. No refunds or credits will be issued for “no-shows” or premature departures.
2.2 Payment Terms & Surcharges
Full payment must be cleared in our account at least 30 days before the tour begins. All bank transfer fees, wire costs, and credit card processing surcharges are the sole responsibility of the client. The Company must receive the full “net” amount shown on your invoice.
3. Families & Minor Travelers
Offbeat Experiences welcomes families. However, parents or legal guardians remain at all times responsible for the safety and behavior of minors. Please note that certain activities, such as walking safaris or specific conservation immersions, may have age restrictions set by our partner conservancies. We will notify you of these restrictions during the design phase of your itinerary.
4. Educational & Student Safaris
4.1 Supervision and Conduct:
All student groups must have a designated faculty leader or chaperone. This leader is responsible for student conduct and discipline at all times. The Company reserves the right to remove any student from the tour if their behavior is disruptive, illegal, or endangers wildlife.
4.2 Alcohol and Substance Policy:
The use of illegal drugs is strictly prohibited. For student groups, alcohol consumption is subject to both Kenyan law and the specific educational institution. We enforce a zero-tolerance policy for underage drinking on all student-led programs.
4.3 Research and Field Protocols:
Students participating in “Educational Field Experiences” must follow all safety protocols provided by our conservation partners. This includes rules for data collection and animal proximity. The Company is not liable for academic outcomes or data loss related to the field experience.
4.4 Minor Liability Waivers:
For students under the age of 18, a parent or legal guardian must sign a “Minor Liability Waiver” before the tour begins. The Company will not allow any minor to participate without a signed document from a legal guardian.
5. Emergency Evacuation (AMREF)
For your safety, we strongly recommend or require enrollment in an emergency air evacuation scheme, such as AMREF Flying Doctors. Unless explicitly stated in your final itinerary, this cost is not included in the tour price. All medical and evacuation expenses remain the responsibility of the traveler.
6. Client Responsibilities
You agree that it is entirely your responsibility to:
- Ensure accurate personal, passport, and medical information
- Comply with visa, vaccination, and entry requirements
- Obtain comprehensive travel/medical insurance
- Follow all instructions from guides and staff
- Behave in a manner that does not endanger yourself, other travelers, wildlife, or property
- Safeguard your personal belongings
- Arrive on time for departures
Failure to comply may result in removal from the tour without refund.
7. Medical Fitness & Health Disclosure
7.1 By booking, you warrant that you are physically and mentally fit for the activities included.
7.2 You must disclose all relevant medical conditions.
7.3 The Company reserves the right to refuse participation if your condition poses a safety risk.
7.4 The Company is not a medical provider and makes no warranty regarding your ability to participate.
7.5 All medical costs, evacuations, and treatments are at your own expense.
8. Assumption Of Risk
8.1 You acknowledge that travel, safaris, wildlife areas, long-distance driving, hiking, adventure activities, and community interactions involve inherent risks, including but not limited to:
- Dangerous wildlife behavior
- Uneven terrain, falls, slips, altitude sickness
- Weather changes, floods, heat, cold
- Vehicle accidents, road conditions, delays
- Illness, infection, allergic reactions
- Acts of nature
8.2 By participating, you voluntarily assume all such risks, including bodily injury, death, property damage, and emotional harm.
8.3 You agree that the Company shall not be held liable for any injury, loss, or damage resulting from these inherent risks.
9. Limitation Of Liability
9.1 To the fullest extent permitted by law, the Company’s maximum liability for any claim is strictly limited to the total amount paid by the client for the specific tour.
9.2 The Company will not be liable for:
- Indirect, consequential, punitive, or special damages
- Mental anguish, loss of enjoyment, emotional distress
- Lost income, lost business, missed flights, or additional travel costs
- Illness or injury unless directly caused by our proven gross negligence
- Actions or failures of third-party service providers
10. Indemnity
The client agrees to indemnify and hold harmless fully the Company, its staff, and partners against all:
- Claims
- Damages
- Legal fees
- Losses or liabilities
arising from:
- The client’s negligence, misconduct, or non-compliance
- Failure to disclose medical conditions
- Alcohol/drug use
- Damage to property, equipment, or wildlife
- Claims initiated by other passengers due to your actions
- False allegations or fraudulent claims
11. Itinerary Changes & Service Modifications
11.1 The Company may modify itineraries at any time due to:
- Weather
- Wildlife movements
- Park regulations
- Road conditions
- Supplier failure
- Safety concerns
- Force majeure
11.2 Such changes do not constitute grounds for refunds or compensation.
12. Delays, Missed Tours & Non-Appearance
No refunds or rescheduling are provided if the client misses a departure due to:
- Late arrival
- Flight delays
- Traffic
- Personal issues
- Oversleeping
- Illness that develops after the tour has begun
13. Luggage & Personal Property
Clients are responsible for their belongings at all times.
The Company is not liable for loss, theft, or damage to luggage or personal items.
14. Wildlife Sightings Not Guaranteed
No wildlife sighting can be guaranteed.
No refunds or compensation are provided if certain animals are not seen.
15. Force Majeure
The Company is not liable for any failure or delay caused by events beyond its control, including:
- Natural disasters
- Epidemics
- War or terrorism
- Civil unrest
- Government actions
- Weather disruptions
- Park closures
- Strikes
- Supplier bankruptcy
In such cases, refunds or changes are subject to the supplier’s policies only.
16. Photography & Media Release
Unless you opt out in writing before the tour begins, you grant the Company the right to use photographs or videos taken during tours for marketing purposes without compensation.
17. Complaints & Dispute Resolution
17.1 Any complaint must be raised immediately with the guide so the Company can attempt to resolve it.
17.2 Unresolved issues must be submitted in writing within 7 days of the tour’s end.
17.3 The Company will not consider claims filed outside the timeframe.
18. Governing Law & Jurisdiction
18.1 All disputes shall be governed exclusively by the laws of Kenya.
18.2 Jurisdiction is exclusively vested in the Kenyan courts.
18.3 Clients explicitly waive the right to pursue claims in foreign courts.
19. Severability
If any clause in these Terms is deemed invalid, the remaining clauses remain fully enforceable.
20. Amendments
The Company may amend these Terms at any time without prior notice.
The most recent version posted on the website supersedes all previous versions.
