The use of this site is governed by the Terms and Conditions set down below. It is advised that you read them carefully.
This Agreement contains the complete terms and conditions that apply to your participation in Itchyfeet’s services, and supersedes all other agreements entered into between you and Itchyfeet Hikers of P.O. Box 27784 – 00506, Nairobi, Mobile No.: +254722591024, email: info@itchyfeet.co.ke (Itchyfeet) with respect to Itchyfeet’s services.
These terms and conditions take effect on the date of publication on https://itchyfeet.co.ke. By placing an order, participating in or continuing to use Itchyfeet’s services, you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.
If you choose not to agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement, please refrain from using this website.
1. Definition
1.1. In these Terms and conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
1.1.1. “Placing an order” means choosing a service and paying the full price or a deposit as may be directed by Itchyfeet.
1.1.2. “Services” means hiking, trekking, tours and mountaineering.
1.2. In this Agreement, unless the context otherwise requires, reference to:
1.2.1. Words importing the singular number only shall include the plural number also and vice versa and words importing the masculine gender includes the feminine and neuter gender and vice versa;
1.2.2. Sections and Clauses shall be construed as references to sections and clauses of this Agreement;
1.2.3. The word tax shall be construed so as to include any tax, levy, impost, assessment, duty or other charge of a similar nature and taxation shall be construed accordingly;
1.2.4. Any statute or any provision of any statute shall be deemed to refer to any statutory modification or re-enactment thereof and to any statutory instrument, order or regulation made thereunder or under any such re-enactment;
1.2.5. Indemnifying any person against any circumstance includes indemnifying and keeping him/her harmless from all actions, claims and proceedings from time to time made against that person and all loss or damage and all payments, costs and expenses made or incurred by that person as a consequence of or which would not have arisen but for that circumstance;
1.2.6. Costs, charges or expenses shall be deemed to include, in addition, references to any costs chargeable or incurred as a result of provisions of the services in respect thereof;
1.2.7. Headings to Sections are for convenience only and shall not affect the construction or interpretation of this Agreement.
1.2.8. Any covenant by a party not to do an act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person so far as this is within its power or control.
1.2.9. Any reference to “we”, “our” and “us” means Itchyfeet Hikers website or www.itchyfeet.co.ke.
1.2.10. Any reference to “attendee”, “you” and “your” means you, the user and/or customer of this website.
2. Services
2.1. Itchyfeet organises and schedules dynamic hikes, trekking and mountaineering for the attendees to various places within and outside of Kenya.
2.2. The services offered are available to all attendees upon their acceptance of these Terms and Conditions, and subject to acceptance by Itchyfeet.
2.3. By placing an order and enjoying the services offered by Itchyfeet, you agree to these Terms and Conditions (the “Terms and Conditions”), which shall form a legally binding agreement between you and Itchyfeet.
2.4. Itchyfeet may in in its absolute discretion restrict or limit the services offered to attendees at any one time.
2.5. The schedule of hikes, treks and mountaineering is availed at the commencement of the calendar year.
2.6. You acknowledge that Itchyfeet is entitled to charge for the services it offers.
3. Registration
3.1. The following conditions must be met before placing an order and participating in the services offered:
3.1.1. You must be at least 18 years with capacity to enter into contracts;
3.1.2. A guardian, or a person with parental authority over a minor, may enroll a minor for the services offered where the guardian shall bear responsibility and incur liability for and on behalf of the minor
3.1.3. You must not provide any false, inaccurate, incomplete or misleading information.
4. Privacy
4.1. Itchyfeet recognizes the importance of protecting the privacy of all information provided by its attendees. This statement is meant to affirm our utmost respect for your rights to privacy.
4.2. We do not share personal information with third-parties nor do we store any information about your visit to this blog other than to analyse and optimise the content and your reading experience through the use of cookies.
4.3. Itchyfeet Hikers uses Google Analytics to help determine what you are interested in and what you would prefer to read and look at. What does this mean? It means cookies are used to collect standard internet log info and behavioural info, but it’s completely anonymous.
4.4. That said, Itchyfeet Hikers has no interest in your personal identifiable information. We will never associate any of it with you unless you do so by intentionally filling out our online enquiry form. If need be, you can turn off the use of cookies at any time by changing your specific browser settings.
4.5. By ordering our services and/or registering on Itchyfeet Hikers website you give us the right to add your contact details to our email database, as well as your transactional orders, shipping information and product review emails. We may contact you from time to time about offers, new products, new updates to the website. In the event you wish to unsubscribe from our database, you can do so at any time by clicking the Unsubscribe link at the bottom of one of the emails and following the prompts.
5. Changes to terms
5.1. Due to regular updates in law and technology, we reserve the right to make the required changes to our Terms and Conditions at any time in parallel to these updates in law and technology.
5.2. We advise you to check these Terms and Conditions regularly for any changes that may have occurred.
6. Changes to Products and Prices
6.1. We reserve the right to make changes to the services and prices on Itchyfeet Hikers website, as well as other content on this website, at any time without notice. We endeavour to make every effort to maintain accurate product descriptions, however, at times, some inaccuracies including typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are discovered. We will also endeavour to inform you of any inaccuracies or errors that we deem relevant.
7. Links
7.1. You agree that Itchyfeet Hikers encourages you to exercise discretion browsing the internet. This website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. Itchyfeet Hikers and its affiliates make no representation or warranty about the legality of any third-party website nor about its accuracy, content, products or services.
7.2. Any such website is an independent from Itchyfeet Hikers, and Itchyfeet Hikers has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between Itchyfeet Hikers and another website further does not mean that Itchyfeet Hikers endorses, recommends, sponsors or approves that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website.
7.3. Itchyfeet Hikers expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under Itchyfeet Hikers domain.
7.4. We are not liable for any losses or damages arising from any website linked to or from this website that Itchyfeet Hikers has no control over. Pertaining to our physical and eBook products, we reserve the right to refuse any order without giving a reason. However, upon cancellation of an order, we will make all reasonable attempts to contact you, the customer, using the details provided to us. Furthermore, in the event that an order is cancelled pertaining to our physical products, all received monies will be refunded using the method that the order was made.
8. Payments, Cancellations & Refunds
We accept cash, Mpesa and bank transfers/deposits at the moment.
8.1. When a cancellation occurs via a customer for day hikes.
8.1.1. Cancellations prior to 72 hours of the hike departing will incur a 30% loss of the payment made.
8.1.2. Cancellations that fall within 48-72 hours prior to the hike departing will result in a 50% loss of payment made.
8.1.3. Cancellations that fall within 48 hours prior to the hike departing or a failure to attend the hike will result in forfeiting 100% of the payment made.
8.2. When a cancellation occurs via a customer for multi-day hikes.
8.2.1. After registration and payment, any cancellation made will be refunded minus a 10% administrative fee to cover the time and costs already spent on planning and coordination
8.2.2. Cancellations within 2 weeks of the trip result in a 30% non-refundable fee.
8.2.3. Cancellations that fall within 7 days prior to the hike departing will result in a 50% loss of payment made.
8.2.4. Cancellations that fall within 48 hours prior to the hike departing or a failure to attend the hike will result in forfeiting 100% of the payment made.
8.3. Extenuating Circumstances.
8.3.1. This cancellation policy is when unforeseen events beyond your control arise after booking and make it impracticable to attend your reservation. This Policy applies to reservations for hiking only.
8.3.2. For day trip: Your deposit remains available as a limited-time to be applied toward any trip within the next 3 months.
8.3.3. For multi-day trip: Where payment has made in full within the stipulated time, 70% will be refunded or remains available for the next similar hike.
8.4. When we cancel your booking
8.4.1. In the event of dangerous weather conditions that include but not limited to extreme heat, extreme cold, lightning, thunder, bushfires, flooding or any conditions that we deem to be too dangerous to conduct one of our hikes in, we reserve the right to cancel at any time.
8.4.2. We will do everything to offer you an alternative hike and will transfer your booking to said alternative hike should you accept. We will also transfer your booking to the same hike at a later date if there is one available. We can also provide you with a refund should you request one.
*All refunds from Itchyfeet Hikers Mpesa and or bank transactions we will deduct any costs incurred.
9. Intellectual Property Rights
9.1. The material and content found on this website are protected by copyright. Material and content refers to anything but not limited to blog content, videos, images, audio records, and podcasts. The material and content on this website may be used for personal and non-commercial use only. You must not use, copy, modify, transmit, store, publish or distribute any material and content on this website or create any other material and content found on this website without first acquiring written consent from the owner of Itchyfeet Hikers.
9.2. Any registered trademarks and logos must not be used, copied, modified, stored, published or distributed in any way without first acquiring the written consent of the trademark owner or logo owner.
9.3. All intellectual property generated during the services offered shall be retained as property of Itchyfeet. Any unauthorized reproduction, modification, distribution or republication of the intellectual property without the express prior written consent of Itchyfeet is strictly prohibited.
9.4. By engaging and purchasing the services of Itchyfeet Hikers, you, the Attendee, agree to allow us to use all relevant images, videos and sound files produced via smartphones or digital cameras that are captured during the relevant hike to be reproduced for but not limited to social media i.e. Facebook, Twitter, Instagram, SnapChat and LinkedIn, email marketing, podcasts, our website, other promotional material such as business cards, flyers, banners, tablecloths, marquees and flags.
9.5. In the event that you do not wish to have management, staff or guides, film or capture footage, imagery or sound files that feature you, the Attendee, please make every effort to notify management, relevant staff or guides of Itchyfeet Hikers.
10. Force Majeure
10.1. Neither Itchyfeet nor the attendees shall be liable to the other for any delay or failure to perform its obligations under these Terms and Conditions as a result of revolution or other civil disorder, belligerent aggression by an enemy; strikes, lack of available resources from persons other than parties to this Agreement; labour disputes; fires; floods; acts of God; government or regulatory intervention; or without limiting the foregoing, any other causes not within Itchyfeet’s control, and which Itchyfeet was unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least thirty (30) days, then either party may terminate their engagement by notice in writing to the other. Upon such termination. Any deposit paid by the attendees shall be refunded in accordance with the provisions on refund above, but subject to such reasonable expenses incurred by Itchyfeet whilst preparing to offer the particular services.
10.2. We reserve the right to cancel any of our hikes due to poor weather, heavy rain, lightning, thunder, strong winds or due to fires. Our hikes will only be cancelled if we deem conditions to be an unacceptable risk to participants and guides or staff alike.
10.3. However, we will never cancel hikes due to weather that would be reasonably expected when participating in an outdoor activity or hike. These include, but are not limited to, hot & cold weather, rain that is both consistent and sporadic, wind, mist or fog, overcast and the like.
11. Limitation of liability
11.1. Itchyfeet shall not be responsible for any claim unless caused by wilful default attributable to Itchyfeet. Itchyfeet specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or arising from injuries suffered when enjoying the services offered by Itchyfeet.
11.2. As per our risk management plan, Itchyfeet Hikers management, staff or guides, have ensured that all hikes are conducted in the safest manner possibly with all potential and obvious risks identified and planned for.
11.3. We reserve the right to cancel the sale of any hike prior to departure if you, the Attendee, is found to be acting in a manner that violates our Terms and Conditions.
11.4. Furthermore, we reserve the right to cancel the involvement of you, the Attendee, during any hike if you, the Attendee, is found to be acting in a manner:
11.4.1. That violates our Terms and Conditions, that puts you, the Attendee, or other Attendees at risk
11.4.2. That is offensive, inappropriate or in breach of Kenyan or the relevant international law
11.4.3. That involves the use of performance-enhancing or prohibited drugs when involved in an hike conducted by Itchyfeet Hikers
11.5. Although every effort is made by the management, staff or the guides of Itchyfeet Hikers to ensure the overall safety, well-being and health of you, the Attendee, when participating in one of our hikes, any members of management, any member of staff or any guide employed by Itchyfeet Hikers will not be held liable for any damages, injury, loss, delay or illness that may occur to you due to factors that we deem reasonably beyond our control. You attend one of our hikes at your own risk.
11.6. We strongly recommend that you, the Attendee, make every effort to engage a third-party provider for ambulance cover, travel insurance cover or personal accident insurance cover to mitigate any physical, mental or financial loss that may be a result of an accident or injury during a hike conducted by Itchyfeet Hikers.
12. Transport
12.1. Pertaining to our day, overnight, multi-day hikes, the management, staff or guides of Itchyfeet Hikers require you, the Attendee, to be present at the chosen pick-up location at least 15 minutes prior to the designated pick-up time.
12.2. It is the responsibility of you, the Attendee, to make yourself known and/or visible to the management, relevant staff or guides of Itchyfeet Hikers. If the management, relevant staff or guides of Itchyfeet Hikers are unable to easily locate you at your chosen pick-up location or at the designated pick-up time, we reserve the right to depart without you.
13. Sale Contract
13.1. Our Terms and Conditions, in association with your order, constitute the entire sale contract between you, the customer, and us, the seller, for the supply of products and/or services. The sale contract cannot be altered unless both parties, the customer and the seller, agree to the alteration either in writing or by email.
14. Dispute Resolution and Governing Law
14.1. You may contact Itchyfeet for any disputes or claims. Itchyfeet shall handle the report in accordance with Itchyfeet’s standard complaint handling procedure.
14.2. In certain circumstances Itchyfeet in conjunction with third party service providers may provide for dispute resolution mechanisms. You agree to abide by such mechanisms as may be advised by Itchyfeet or the aforesaid third party service providers.
14.3. Any dispute arising out of or in connection with this Agreement that is not resolved by the standard complaint handling procedure shall be referred to a Kenyan court of competent jurisdiction.
15. Protocols on Covid-19
15.1. We are compliant with government regulations. Where transport is provided, vehicles are expected to be thoroughly cleaned and sanitized before the trip. Carrying capacity is adhered to and the nature of this activity enables social distance with ease. Always bring a mask and sanitizer with you.
16. Hiking undertaking, Indemnity
16.1. I hereby declare that I will not participate in this activity if I have any COVID-19 symptoms.
16.2. I confirm that I’m physically fit and have no physical or mental condition(s) that should preclude me from participating in my chosen activity. I am not participating in my chosen activity against medical advice or treatment and that I have not been diagnosed by a registered doctor as having a terminal illness.
16.3. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury sustained of any kind during the course of hiking activities, I will notify the guide and/or organizer immediately and before moving away from the immediate vicinity. Furthermore, I indemnify and hold harmless and free from any and all liabilities which may arise by my willfully participating in this activity/hike/trip, howsoever arising.