Terms and Conditions

Elwama Tours Kenya Ltd., its employees, shareholders, officers, directors, successors, agents and assigns (collectively referred to as ‘The Company’), does not own or operate any entity which is to or does provide goods or services for your trip with the exception of a limited number of vehicles. It purchases transportation, hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, The Company is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, The Company is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection to the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transport mechanism to arrive or depart on time. There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, Scuba diving, snorkeling, boating, hot air ballooning, zip-lining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, white-water rafting, primate tracking and any activity which the Company considers to carry inherent risks of serious illness, injury or death (“Activities”) then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen that may befall you as a result of participating in any Activities and agree to release The Company and its affiliates, their agents, employees and representatives from any liability whatsoever related thereto, to the fullest extent permitted by law. Further, as consideration for being permitted to participate in the Activities, you release The Company, whether known or unknown, from, and agree not to sue or make a claim against The Company for property damage, cancellation of any activities, illness, negligent rescue operations or procedures, personal injury or death arising from your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of The Company (but not its reckless, willful, or fraudulent conduct) and/or from any defect in equipment. You further agree to indemnify and hold The Company harmless with respect to any claim made against The Company by anyone else which a) related to your participation, or b) would be subject to the above release and covenant not to sue if you had made this claim directly yourself.