Introduction

These terms and conditions govern the relationship between Lets Drift Limited (herein after “the Company”) and you, our client/subscriber.  

The subscriber, if an individual has attained the age of majority and further warrants that you are legally competent to execute this subscription agreement and take all action pursuant hereto. 

Minors and/ or persons under the age majority shall be at all material times be accompanied by their guardians and/or parents as the case may demand and the indemnity forms for binding this Company attached herein below shall be executed by the said parents and/or guardians on their behalf.

These are the terms and conditions that will apply after submitting payment for a drift, or any other service herein. By submitting full payment of any drift or service, you accept to be bound by these terms and conditions, and any other terms that may be imposed by the Company herein as need may arise.

Payment and Subscriptions

The payment modules available for our subscribers and/or clients are as follows:

  • Subscription Model – Subscription gives a subscriber access to all freemium drifts organized within the month paid. The subscription amount must be paid within the timelines announced by the Company herein.
  • Non-Members- Payment paid for each drift/ activity according to the rates set by the Company herein and other conditions set on need to need basis.
  • Private Drifts- Clients may request for a private drift as individuals or as groups. The rates payable for each drift shall be determined by the Company herein depending on various factors such as the terrain in question, the number of attendees and the complexity of organizing the drift.

The freemium subscription model described hereinabove only covers the experience and guide fees but does not cover incidental costs such as transport, park entry fees, snacks and meals.

The subscriber will, at all material times, be responsible for any additional costs incurred but were not covered in the package as represented by the Company herein on its different modes of communications. 

All additional drift rates are based on various factors such and are subject to change in cases affected by government action or other factors beyond our control and in that case the client will be duly informed.

In the event that any law or regulation, amendment to any existing law, regulation, directive or note or interpretation which is made by a competent authority that makes it illegal or unlawful for the Company herein to fulfil its responsibilities and/ or representations, the Company herein shall issue a notice, and its further responsibilities shall be automatically be terminated.

Notwithstanding any other provisions of this Agreement, if the parties are prevented from proceeding in accordance with the provisions of this Subscriber’s Agreement by reason beyond the control of the Parties, including by law or policy of Kenya, but excluding any reason entirely personal or internal to any party, the parties shall put in place alternative arrangements to those frustrated in an effort to ensure the subscriber herein enjoys full experience akin to the one frustrated.

Refund Policy

No refunds will be made under the following circumstances:

  1. Last-minute cancellations made under 72 hours before the tour date.
  2. No-shows on the day of the experience.
  3. All membership fees are non-refundable.

Partial Refunds:

  1. Cancellations made 72 hours before the tour date are eligible for a partial refund.
  2. In cases of medical emergencies, supported by valid documentation, consideration is given for a partial refund on a case-by-case basis.

Full Refunds:

  1. Cancellations made well in advance (1 month before) the experience date.
  2. If Let’s Drift significantly alters tour details or cancels a tour, customers can choose between a full refund or an alternative tour offering.
  3. Tours canceled due to extreme weather conditions are eligible for a full refund.

Representations 

The Client represents that:

They do not have any physical or other condition or disability that could create a hazard to them or other members of the drift community.

They are well equipped and have clothing appropriate to the conditions. The client represents that they shall carry enough water and food to last for the duration of the activity, and you shall protect themselves from the sun or low temperatures.

If the drift, experience and/ or service involve minors, the same shall be at all material times be accompanied by their parents and/ or guardians.

They are well equipped and have clothing appropriate to the conditions. The client represents that they shall carry enough water and food to last for the duration of the activity, and you shall protect themselves from the sun or low temperatures.

Disclaimers

During the activities and drifts the client may across difficult terrain: rough and exposed trails; snow or ice; hill passes; brushy areas; trails where landslides or rock falls may be possible; river crossings by slippery rocks or makeshift bridges; steep stairs; exposure to heights. This may expose the client to the risk of slipping, falling, rock fall, landslides, and exposure. For that reason, the Company herein shall not take responsibility of any injuries incurred during a drift and/ or experience and further presumes that each client shall take responsibility over themselves and their minors as case deems fit.

The client may also encounter dangerous animals, dangerous plants, and dangerous insects. The client may also encounter wild or domestic animals for example: snakes, dogs etc. For this reason, the client and/ or subscriber the company shall not undertake any liability in this cases. The Company herein advices its subscribers to take out insurance policies with reputable insurance companies to cover any medical needs in such circumstances.

Access to hospitals and medical care may not be immediately available, especially in remote or rural areas. You may be several hours away from hospitals or medical facilities.

The company reserves the right to cancel or alter any itinerary at any time if they judge it necessary and/ or are forced to by circumstances beyond their control, for example but not limited to: unsafe or dangerous weather conditions; acts of government; force majeure.

The company further reserves the right to cancel or alter any itinerary at any time if they do not have enough participants to proceed with the activity

The client is aware that unforeseen circumstances due to road conditions, weather, mechanical breakdown, accident, border closure, political situations etc are beyond the control of the Company and can delay and change the performance of the safari. The cost of flying back home, alternative accommodation, food, personal expenses and all resulting costs are to be borne by the client. 

Admission

The company reserves the right to decline to accept anyone on a drift or activity. 

The company reserves the right to remove from the drift, at their sole expense, any client whose condition is such that they could create a hazard to themselves or others, or otherwise impact the enjoyment of other passengers on the safari.

The company reserves the right to refuse any person that they judge to be unprepared or unsuitable, to participate in a drift. 

It is the clients’ responsibility to choose an activity that is suitable for their level of fitness. One should not participate if they are not in good physical condition, or have any history of underlying health conditions.

Copyrights

The client understands that at the drifts or related activities they may attend there shall be photographs taken. The client agrees to allow their photo, video, or film likeness to be used for any legitimate purpose by Lets Drift Community.

All editorial content, graphics and multimedia works shared by the company are protected by copyright laws and other laws and international treaties, and belong to the Company and its licensors.

These works, logos, graphics, sounds or images may not be copied, reproduced or imitated whether in whole or in part, unless expressly permitted in writing by the Company. One may only print or download extracts from this material for your personal use. Except with our prior written permission in each case:

None of the material owned by the Company may be used for any commercial or public use. The material owned by the company may not be reproduced or stored in or transmitted to any other website or company.

Applicable law

This Agreement shall be governed in accordance with Kenyan law and the Parties submit to the exclusive jurisdiction of Kenyan courts.

Dispute Resolution

Any dispute, controversy or claim arising out of or relating to this Agreement or termination hereof, or the interpretation, breach or validity hereof, shall be resolved by way of consultation held in good faith between the Parties. Such consultations shall be begin immediately after one Party as delivered to the other written request for such consultation. If within Thirty (30) days following the date on which such notice is given the dispute cannot be resolved, the dispute, controversy or claim shall be submitted or mediation up on request of any Party by written notice to the other Party.

Consent 

The payment of deposit or any other partial payment for a reservation constitutes consent to all provisions of the Terms and Conditions as above stated. The Terms under which the client agrees to contract the companies services cannot be changed or amended unless this is done in writing and signed by an authorized Company staff.