Terms & Conditions

Effective Date: 6th March 2024

1. TERMS OF USE OF OUR WEBSITE AND PLATFORMS

Welcome to KEYF Journeys, an online platform (website and associated sites) offering personalised travel services encompassing multi-day tours, luxury travels, and various other travel experiences collectively referred to as "Journeys." KEYF Services are exclusively designed for individuals aged 18 years or older. Access to or use of the Platform by anyone under 18 years of age is expressly prohibited. By accessing or using the Services and the website and associated sites (herein “Platform”), you confirm that you are 18 years of age or older. If you are representing a company or another legal entity, you confirm that you are duly authorised to accept these terms and conditions on their behalf.

2. IMPORTANT NOTICE : Please read these terms carefully before accessing or using the website and our services.

All bookings or services provided or sold by us are subject to these Terms and other general information provided by us through our communication, marketing materials, and website. In these Terms, “you” and “your” refer to all persons to whom we agree to provide services in writing.

By accepting these terms, you enter into a legally binding contract with KEYF Journeys (“we”, “us”, “our”). If any part of the Terms is unclear or if you have any concerns, please contact us at the “Contact us” section before using or continuing to use our services. We reserve the right to amend these Terms at any time, and the amendments shall take effect from the date of publication. By continuing to use our services, you accept any such amendments.Your access and use of the Site and associated platforms signifies your legal capacity and consent to be bound by these Terms, establishing a contractual relationship between you and KEYF Journeys. If you do not agree to these Terms, you are not permitted to access or use the Services.

3. USER ACCOUNTS

Certain features of the Site may require you to create a user account. You are responsible for maintaining the confidentiality of your account and for all activities occurring under your account. Unauthorised use should be reported to KEYF Journeys immediately.

4. USER CONDUCT

You agree to use the Website and Services in compliance with applicable laws and not to engage in any conduct that may disrupt the Services or infringe upon the rights of others. You expressly agree not to employ automated devices or means to access, copy, or monitor the Site.

5. RESTRICTIONS/PROHIBITED CONDUCT

KEYF Journeys Services’ are intended for private, non-commercial use exclusively. Prohibited activities include:

Decrypting, decompiling, reverse engineering, or copying the website and Platform.
Interfering with the functionality of the Site and Services.
Using the Services for any illegal or unauthorised purpose.
Unauthorised access or attempts to breach the Site's security.
Using bots, crawlers, scrapers, or other automated means (except authorised use of our API) to access or interact with the Platform or collect data or content not related to your booking.
Circumventing established security or technological barriers protecting the Website, and its associated sites.

6. CONTENT AND INTELLECTUAL PROPERTY

The Site's content, encompassing text, graphics, logos, trademarks, copyrights, sounds, and computer code ("Content"), is owned or licensed by KEYF Journeys Limited. You may not copy, reproduce, distribute, or transmit any Content without explicit written consent from KEYF Journeys Limited, except as permitted explicitly in these Terms of Use.

KEYF Journeys Limited, at its sole discretion, may permit you to post, upload, publish, submit, or transmit text, graphics, images, video, or other materials ("Content") on the Platform and through the KEYF Services. By sharing any Content, you agree that KEYF Journeys Limited may use it on the Platform, particularly for promotional materials and publications. You grant KEYF Journeys Limited a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to publicly display or otherwise use the Content for the mentioned purpose. KEYF does not claim ownership rights in any Content, and these Terms do not limit your rights to use and exploit the Content. You acknowledge sole responsibility for all Content you make available on the Platform or through the KEYF Journeys Limited Services. Therefore, you represent and warrant that: (a) you either solely and exclusively own all Content or possess all necessary rights, licenses, consents, and releases to grant KEYF the rights in the Content; and (b) the Content and its use by KEYF Journeys Limited do not infringe upon any third-party rights or violate any laws or regulations.

Uploading or submitting Content that is illegal, pornographic, incites hate, is obscene, defamatory, contains commercial content, infringes upon intellectual property rights, or contains viruses or malware is prohibited. KEYF Journeys Limited is not obligated to check Content beforehand. Violations of this clause can result in the immediate blocking or removal of such Content without notice.

7. PAYING FOR YOUR BOOKING

To secure a valid booking with us, you must book via the Enquire to Book button on the respective journey page. You must pay an initial deposit amount by bank transfer, and pay in full, 90 days before the trip start date. Deposit and refund information can be found below as well as on the FAQ’s page, and on your final invoice. Your booking will only be secured once payment is made in full by bank transfer. Once we receive your booking deposit, subject to availability of the requested arrangements, we will provide you with a written confirmation. It is your responsibility to review all documents we send you for inaccuracies within Three (3) days of receipt. Failure to notify us of any inaccuracies within this period may result in changes being accommodated thereafter at your cost.

We will communicate to you in good time in advance, all payments which will be required of you at all times. If we do not receive all payments which we require you to pay as part of our contract in full and on time, we will remind you once in writing, after which we may cancel your booking upon which you may be required to pay a cancellation fee.

Payment Plan:
- Deposit of 800 USD due upon booking
- Balance due 90 days before start of tour

Cancellation policy:
- More than 90 days before departure: full refund less $500 booking fee
- 90 - 60 days before departure: tour cost is 40% non-refundable
- 59 - 45 days before departure: tour cost is 60% non-refundable
- 44 - 29 days before departure: tour cost is 90% non-refundable

Less than 30 days: 100% non-refundable. Refunds cannot be made for domestic flights.

In the event of any inability to deliver a segment of the tour due to political, climate, or other critical instability we will work towards rerouting to a safer area. Trip cancellation will be a last resort. Any differences in cost will be refunded, if possible, on a context specific basis.

8. CHANGING OR CANCELLING YOUR BOOKING

If you wish to change or cancel your booking, please notify us in writing. Cancellation fees will be outlined in your booking, and non-refundable sums will also be specified in our refund policy.

If you wish to cancel your confirmed booking at any time before commencement of your confirmed trip, you must notify us in writing and you must ensure you receive and retain written acknowledgement from us that we received your communication. We will charge you a cancellation fee which will be calculated in the manner stipulated in our FAQ’s and your booking invoice. Also stipulated will be any other sums which you will forfeit because they are non-refundable.

If you wish to make any changes or to cancel your booking after your travel has commenced, we will try to accommodate and facilitate your request but we cannot guarantee that this will be possible. Where such changes or cancellations occur, you shall be liable to pay cancellation fees (if any) which will be calculated in the manner stipulated in your booking or other communication which we shared with you before you confirmed your booking with us. The cancellation fee will be capped at the total cost of your holiday and will never exceed this amount.

9. OUR CHANGES OR CANCELLATION OF YOUR BOOKING

Sometimes, we may be compelled to alter, change or even cancel a confirmed booking. Where changes or alterations are necessary, we shall endeavour to ensure that these are insignificant and in such a case, we will inform you about them prior to commencement of your travels and/or as soon as possible. If we make insignificant changes, you will not be entitled to any compensation. Other times, we may be constrained by circumstances beyond our control, to make changes or alterations which materially affect the main features of our services which form part of your confirmed booked or to any aspect of your vacation, travel and/or holiday. All other alterations will be treated as insignificant changes. Notwithstanding that changes or alterations may be of the significant kind, this will entitle you to cancel your confirmed booking with us without payment of the applicable cancellation fee or to receive a full or partial refund in respect of services which are not available as a result of the said changes. We have the right to terminate your contract and cancel your confirmed booking due to unavoidable circumstances which may prevent us from being able to fulfil your confirmed booking. You will be notified of this and we as soon as reasonably possible. Where we have to cancel your confirmed booking in circumstances such as these, we will refund [all your sums] which you have paid to us within [15] working days of the effective date of cancellation after which we will have no further or other liability to you. In the event that we have to make significant changes or alterations to any of the main features of the services under your confirmed booking, we will provide you with the following information in writing as soon as possible: (a) the proposed change(s) and any impact they have on the price; (b) if you request; details of any alternative offer(s) we can provide you; (c) if you have the option to cancel your booking and if you can receive a refund instead of accepting the changes or any alternative offer; (d) the period within which you should communicate your decision to us, and (e) anything else which we may deem relevant. If we don’t hear from you with your decision within the specified period, we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation as above and will from then on stand discharged of any further or other liability. We also have the right to cancel if you fail to make payment in accordance with the terms of your confirmed booking.

10. TRANSFERRING YOUR BOOKING

You may transfer your booking to another person, provided the person meets all our requirements. Requests for transfer must be made at least Ten (10) working days before the travel commencement date.

11. ERRORS AND OMISSIONS

Information and prices displayed on our platforms may change from time to time. While we endeavor for accuracy, errors may occur. It is your responsibility to check and verify with us all details of your chosen trip or holiday at the time of booking.

12. TRAVEL AND IMMIGRATION-RELATED REQUIREMENTS/CONSIDERATIONS

Compliance with travel and immigration requirements is essential. It is important that you ensure all travel documents, passes, visas, vaccinations and health-related confirmations are valid. Failure to comply may result in refusal of boarding your flight or other transport or entry into your destination country. We will not be liable if you are unable to travel because you failed to comply with any travel/immigration requirements, and the applicable cancellation charges will apply. It is your responsibility, as the person who makes a confirmed booking, to ensure that all persons travelling under that booking are in possession of all necessary travel and health documents before departure. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us. We advise you to visit the relevant destination country’s tourism websites where some government publishes regularly updated travel information which may be relevant to your trip or holiday. All costs incurred in meeting all requirements and travel documentations applicable to your holiday will be borne and paid by you.

13. UNFORESEEN, UNAVOIDABLE & EXTRAORDINARY CIRCUMSTANCES

Sometimes after you have confirmed your booking with us, unforeseen, unavoidable and extraordinary circumstances which are beyond our control and the consequences of which could not have been avoided even if all reasonable measures had been taken, may occur. Such situations may include, whether actual or threatened, war, insurrection, civil action, riots, decisions by governmental authorities, strikes, acts of terrorism, factors affecting transportation adversely, changes of travel timetables, industrial action, epidemics or pandemics, fires or adverse weather conditions. When such events occur, except as expressly set out in these Terms, we do not accept liability or pay any compensation or other sums where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss or damage as a result of these unforeseen, unavoidable and extraordinary circumstances.

14. TRAVEL INSURANCE

We strongly recommend that you and everyone under your confirmed booking, take out suitable insurance covers to protect you against unforeseen risk related to your health or illness, accident, repatriation, loss of personal effects, personal liability, delays amongst other relevant risks.

15. OUR RESPONSIBILITY, LIMITATION OF LIABILITY & INDEMNITY

We shall not be liable for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever not directly connected with our services and or actions which results from any of the following: (a) the fault of the person affected, (b) the fault of a third party not connected with our services which we could not have predicted or avoided, (c) unavoidable and extraordinary circumstances such as those referred to in these Terms, or (d) for any services which do not form part of our contract with you. We shall endeavor to adhere to all relevant local laws, regulations, and requirements of our travel destinations. However, we do not guarantee that all our services will comply with each and every local law and standard. Non-compliance with local laws does not automatically imply a lack of reasonable skill and care exercised by us. Except where mandatory provisions of applicable laws dictate otherwise, our maximum liability to you, if found liable, will be limited to the total cost paid to us under your confirmed booking (excluding any insurance premiums) or, if no sums have been paid, the amount of Kenya Shillings Two Thousand Only (KES 2,000/-). In cases of joint liability with a third party, we may deduct any sum you have received or are entitled to receive from that third party. You agree that such amounts shall be considered sufficient consideration or compensation if paid to you. You agree to indemnify and hold us harmless from any claims, disputes, liabilities, damages, losses, and costs arising from your access to or use of our services, and any violation of these Terms. In the event of a dispute with a third party related to any confirmed booking with us, you release and indemnify us from all claims, disputes, liabilities, damages, losses, and costs connected to or arising from such dispute or transaction.

16. HELPING YOU DEAL WITH UNFORESEEN DIFFICULTIES

Unforeseen challenges and difficulties may arise during your trip, despite careful planning. We aim to provide you with support to the best of our ability in such situations. However, if we determine that the difficulty/challenge you encountered resulted from negligence or recklessness on your part, we reserve the right, at our discretion, to charge a fee for the assistance provided.

17. YOUR CONDUCT AND RESPONSIBILITY

You are expected to conduct yourself appropriately so as not to cause or be likely to cause other people, danger or distress or damage to property. In the event you breach this requirement, we reserve the right to cancel your contract and trip and neither we nor the providers of any of the services in question will have any further contractual obligations to you either in respect of covering any expenses, paying any compensation or refunds, or arranging for your return travel. In addition, if you cause any damage through your inappropriate behaviour, you shall be solely responsible for any resultant damages or loss which you indemnify us against and any claims subsequently made against us (including legal costs) as a result of your actions.

17. DISCLOSURE OF MEDICAL CONDITIONS OR DISABILITIES

When booking a trip with us, you are required to disclose any existing medical conditions, disabilities, or health-related concerns that may impact or affect your participation in the journey. Disclosure of such medical conditions or disabilities is mandatory upon confirmation of booking. This allows us to make necessary considerations to accommodate the specific needs or challenges associated with the disclosed medical condition or disability.

In certain cases where deemed necessary, we reserve the right to request a doctor's certificate verifying your fitness to participate in the journey. This certificate will aid in ensuring your safety and well-being throughout the travel experience. Our aim is to ensure an enjoyable and inclusive journey for all our clients.

Any medical information shared with us will be treated with the utmost confidentiality and will only be used to ensure your safety and enhance your travel experience. We will not disclose this information to any third parties without your explicit consent, except when necessary for your safety or as required by law. By booking our services, you acknowledge your responsibility to disclose any relevant medical information and understand that failure to do so may limit our ability to adequately address their specific requirements during the journey.

18. COMPLAINTS

Should you have any complaints about any aspect of your itinerary or travel arrangements, you can contact us directly through the following contact [keyfjourneys@gmail.com] either during your holiday or soon after the conclusion of the holiday.

19. DATA PROTECTION

Please refer to our privacy policy available on our website regarding the protection of your personal data. By using our services, you consent to us processing your information as necessary for your booking. We are committed to ensuring the privacy and security of the data you share with us when you use our sites. However, you acknowledge that online transmissions may not be entirely secure, and information sent to the Site could be intercepted or accessed by others.

20. LINKS TO OTHER SITES

The Site may contain links to third-party websites ("Linked Sites"). These sites are not under our control, and we do not endorse their content. Your interaction with Linked Sites is at your discretion and risk.

21. DISCLAIMERS AND LIMITATION OF LIABILITY

The Site and its content are provided "as is" without warranties. Our Company disclaims any liability for third-party actions related to your use of the Site. Our Company’s liability, if any, is limited to a specified extent permitted by law. In certain jurisdictions, limitations of liability may not apply.

22. INDEMNITY

You agree to indemnify and not to hold Keyf Journeys liable from any claims arising out of your use of the Website.

23. VIOLATION OF TERMS

We reserve the right to terminate access to the Site due to violations. Our Company may disclose information to address violations of these Terms of Use or protect its rights, property, or users' safety.

24. NOTICES & COMMUNICATION

All notices to us must be in writing to [www.keyfjourneys@gmail.com]. You consent to receiving communications electronically, and we may record and store conversations in accordance with our privacy policy.

25. GOVERNING LAW

These Terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.

26. RESOLUTION OF LEGAL DISPUTES

Any disputes shall be governed by Kenyan law and resolved through arbitration in Nairobi in accordance with the Arbitration Act, 1995. Any dispute arising out of or in connection with these Terms or our Services that is not resolved by way of consultations between us and you, shall be referred to by either party and be finally resolved by a single arbitrator. The arbitrator shall be agreed upon by both parties, failing which, a request for appointment may be made by either party, to the Chartered Institute of Arbitrators. The provisions of the Arbitration Act, 1995 shall apply to such arbitration proceedings. The arbitration proceedings shall be held in Nairobi and the language of arbitration shall be English. The award of the arbitrator shall be final. The arbitrator shall have demonstrable knowledge or experience in determining disputes relating to tours and travel-related disputes.

27. CONTACT US

For inquiries or concerns, contact us at [keyfjourneys@gmail.com, +254799733865 / +254799733865].

28. MISCELLANEOUS

If any part of these Terms of Use is deemed invalid, it will be replaced with a valid provision reflecting the original intent. These Terms of Use constitute the entire agreement between you and our company concerning the Site.

29. UPDATES

We reserve the right to modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for updates. Your continued use of the Site following any changes indicates acceptance of those changes.