🏛️ [Backpackers.ke] – General Terms and Conditions (T&Cs)

Effective Date: November 17, 2025

These Terms and Conditions constitute the entire agreement between Backpackers.ke (referred to herein as "The Company," "we," "us," or "our") and the Client (referred to herein as "The Client," "you," or "your") regarding the purchase of any travel service.

1. GENERAL TERMS (Applies to All Services)

1.1 Acceptance of Terms

By booking any service, submitting a deposit, or otherwise engaging the services of The Company, the Client acknowledges that they have read, understood, and agreed to be bound by these General Terms and the specific Service Terms relevant to their booking (Sections 2 or 3).

1.2 Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any legal action or proceedings arising out of or related to this agreement shall be submitted to the courts of Nairobi.

1.3 Limitation of Liability

The Company acts as an intermediary or booking agent for third-party suppliers (e.g., airlines, hotels, transport providers). The Company is not responsible for any acts, omissions, errors, or negligence of these third-party suppliers. The Company’s liability for any claim shall be limited to the total price paid for the services.

1.4 Force Majeure

The Company shall not be deemed in breach of these T&Cs or otherwise liable to the Client, by reason of delay in performance or non-performance of any of its obligations, to the extent that any such delay or non-performance is due to any Force Majeure Event. A Force Majeure Event includes, but is not limited to, acts of God, war, civil unrest, political instability, terrorism, border closures, pandemics, government travel advisories, or natural disasters.

2. SECTION A: QUARTERLY GROUP TOURS

The following terms apply exclusively to all fixed-date, scheduled group tours booked with The Company.

2.1 Booking and Deposit

1. Deposit Requirement: A non-refundable, non-transferable deposit of 30% of the total Tour price is required at the time of booking to secure your reservation. This deposit covers early administrative costs and initial vendor commitments.

2. Confirmation: A booking is only confirmed upon written issuance of a Final Confirmation document by The Company.

2.2 Payment Schedule (Lipa Polepole)

1. Balance Payments: After the deposit, the remaining balance is due in scheduled installments as outlined on your personal invoice.

2. Final Payment Deadline: The entire outstanding balance must be paid in full no later than 15 days prior to the official Tour start date.

3. Failure to Pay: Failure to meet the 15-day deadline will result in the booking being treated as a cancellation by the Client, and all monies paid up to that point will be forfeited (see Section 2.3).

2.3 Client Cancellation and Refunds

Due to costs associated with advance bookings, all cancellations must be submitted in writing and are subject to the following forfeiture schedule:

2.4 Tour Cancellation by The Company

1. Minimum Numbers: Each Tour requires a minimum of 10 participants to operate. If this minimum is not met by 45 days prior to the start date, The Company reserves the right to cancel the Tour.

2. Full Refund: If the Tour is cancelled by The Company (excluding cancellation due to Force Majeure), the Client will receive a 100% refund of all monies paid, or the option to transfer the full amount to an alternative Tour.

2.5 Inclusions and Exclusions

The specific services included and excluded from the Tour price are detailed exclusively in the Specific Tour Itinerary and Package Details document provided at the time of booking.

3. SECTION B: TURNKEY TRAVEL (FULLY PLANNED TRIPS)

The following terms apply exclusively to customized, privately arranged travel itineraries.

3.1 Initial Deposit and Booking

1. Immediate Booking Requirement: Turnkey Travel services rely on real-time availability. Upon acceptance of the final proposal, a significant Initial Deposit of 50% is immediately required to secure transportation and/or accommodation, and private services.

2. Deposit Purpose: The Initial Deposit is utilized immediately to confirm non-refundable components and is therefore non-refundable under all circumstances.

3.2 Balance Payment

1. Final Payment Deadline: The entire outstanding balance must be paid in full no later than 30 days prior to the official Trip start date.

2. Late Booking: For trips booked less than 30 days in advance, the total Trip cost must be paid in full immediately upon proposal acceptance.

3.3 Client Cancellation and Refunds (Vendor Dependent)

Refunds for Turnkey Travel are directly subject to the cancellation and recovery policies of third-party suppliers (airlines and bus services, accomodations, etc.).

1. Initial Deposit: The Initial Deposit is strictly non-refundable.

2. 30 Days or Less: For cancellations received 30 days or less prior to the Trip start date, typically No Refund (0%) will be provided, as most bespoke components are fully non-refundable at this stage.

3. 90 Days to 31 Days: Refund of the balance is subject entirely to the recoverable funds from individual third-party suppliers, minus a 10% administrative fee.

4. No Guarantee: The Client acknowledges that The Company cannot guarantee any refund beyond the initial deposit, and the amount recovered from vendors may be zero.

3.4 Itinerary Amendments

Any Client-requested changes after the Initial Deposit has been paid will incur an Amendment Fee of 1% per change, plus any non-refundable costs or increased charges imposed by third-party suppliers.

4. TRAVEL INSURANCE AND DOCUMENTATION (Applies to All Tours/Trips)

4.1 Travel Insurance

Comprehensive travel insurance covering personal accident, medical expenses, emergency evacuation, and cancellation is recommended for all travelers on both Quarterly Group Tours and Turnkey Travel bookings.

4.2 Client Responsibility for Documentation

The Client is solely responsible for obtaining and carrying a valid passport (valid for at least six months beyond the end of the trip), all necessary visas, permits, and required health certificates. The Company accepts no liability for any delays or costs incurred due to the Client's failure to possess proper travel documentation.