Terms and Conditions

Last Updated: 15 June 2025

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you ('you', 'the User') and QUANI PICK VENTURES LIMITED ('we', 'us', 'the Company') concerning your access to and use of the https://www.bekenya.com/ website ('the Website') as well as any related services. By using the Website, you agree to be bound by these terms. If you disagree, you must immediately cease use of the Website.

2. Intellectual Property Rights

Unless otherwise indicated, the Website and all its content, including source code, text, graphics, logos, and images (collectively, 'the Content') and the trademarks and logos contained therein ('the Marks') are our exclusive property, protected by copyright and trademark laws of Kenya and international conventions. No part of the Website, Content, or Marks may be copied, reproduced, or used for any commercial purpose without our express prior written permission.

3. User Representations and Prohibited Activities

By using the Website, you represent that you have the legal capacity to comply with these Terms. You agree not to use the Website for any illegal or unauthorized purpose. Prohibited activities include, but are not limited to: systematic retrieval of data ('scraping'), attempting to impersonate another user, harassing our employees, or using the Website to advertise or sell goods and services.

4. Travel Services

The Website provides information about travel services, including tours and safaris. The provision of these services is subject to availability and is governed by a separate 'Booking Agreement' which will be provided to you upon making a reservation. All information on the Website regarding itineraries, pricing, and inclusions is for informational purposes only and is subject to change. The final, binding details will be specified in your Booking Agreement.

5. Disclaimers and Limitation of Liability

The Website is provided on an 'as-is' and 'as-available' basis. You agree that your use of the Website and our services is at your sole risk. We expressly disclaim all warranties, express or implied, of any kind. This includes information that may have been generated by or with the assistance of artificial intelligence, which may contain errors. To the fullest extent permitted by law, in no event will the Company or its directors or employees be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Website or services. Our total liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the services during the six (6) month period prior to any cause of action arising.

6. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Website or breach of these Terms.

7. Governing Law and Dispute Resolution

These Terms and Conditions and your use of the Website are governed by and construed in accordance with the laws of the Republic of Kenya. To expedite resolution and control the cost of any dispute, you agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from you to us. If the dispute cannot be resolved through informal negotiations, it will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the rules of the Nairobi Centre for International Arbitration (NCIA). The arbitration shall take place in Nairobi, Kenya, in English. You agree that any arbitration shall be limited to the dispute between us individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis.

8. Miscellaneous

These Terms, together with the Privacy Policy and any Booking Agreement, constitute the entire agreement between you and us. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.