Terms and Conditions

Last Updated: 16 September 2026

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement between you ('you', 'the User') and BeSuisse IT-Hub Schaeuble, Dornacherstrasse 17, 4147 Aesch, Switzerland ('we', 'us'), which operates the https://www.bekenya.com/ website ('the Website'), concerning your access to and use of the Website. By using the Website you agree to be bound by these Terms. If you disagree, you must stop using the Website. These Terms cover the Website itself. The travel services presented here are delivered in Kenya by independent local partners, coordinated on the ground by BeKenya Family Limited, and are governed by the separate Booking Agreement for your trip.

2. Intellectual Property Rights

Unless otherwise indicated, this Website, including its source code, design, layout, text, graphics and images (collectively, 'the Content'), is the property of BeSuisse IT-Hub Schaeuble and is protected by Swiss and international copyright law. The 'BeKenya' name and logo (collectively, 'the Marks') are the property of BeKenya Family Limited and are used on this Website with its permission. No part of the Website, the Content or the 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 staff or partners, 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 we or our directors, staff or agents 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. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, your mandatory statutory rights are not affected by these Terms.

6. Indemnification

You agree to indemnify us and our officers, agents and partners against any loss, damage, liability, claim or demand, including reasonable legal fees, made by a third party and arising out of your breach of these Terms or your unlawful use of the Website. This does not apply to the extent the loss results from our own act or omission, and nothing in this clause affects your mandatory rights as a consumer.

7. Governing Law and Dispute Resolution

These Terms and your use of the Website are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Aesch BL, Switzerland. If you are a consumer resident in Switzerland, the EU, the EEA or the United Kingdom, this choice of law and jurisdiction does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may also bring proceedings before the courts of your place of residence. Before starting any proceedings we ask you to contact us at info@bekenya.com so that we can try to resolve the matter directly.

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.