STAYCATIONS KENYA

Terms of Service

The terms of service (‘Terms’’) hereunder contain information pertaining to your rights, remedies, and obligations. By accessing or using Staycations Kenya  Platform, you willingly and consciously agree to comply with and be bound by these Terms. Therefore, it is prudent that you read these Terms carefully.

Version: MH;AUG,2020

Welcome to Staycations Kenya !

These Terms constitute a legally binding agreement (“Agreement“) between you and Staycations Kenya  governing your access to and use of the Staycations Kenya  website, including any subdomains thereof, and any other websites through which Staycations Kenya  makes its services available (“Site“), our mobile, tablet and other smart device applications, and application program interfaces (“Application“) and all other services connected and/or related to (“Maskani Home Services“). The Site, Application and Maskani Home Services together are hereinafter collectively referred to as the “Staycations Kenya  Platform”. Any other policy applicable to your use of the Staycations Kenya  Platform are incorporated by reference into this Agreement.

When these Terms mention “Staycations Kenya ,” “we,” “us,” or “our,” it refers to the Staycations Kenya  entity you are contracting with. Your contracting entity may be generally be determined based on your country of residence or establishment. There may be changes to this clause wherefore, such will be promptly notified in accordance with prudence and proper business practice guidelines.

For all intents and purposes, you are contracting with Staycations Kenya , currently practicing in the manner and style of ‘’The Haven Cruiselines’’.

If you change your country of residence or establishment, the Staycations Kenya  entity you contract with may change and subsequently, be determined by your new country of residence or establishment as may be specified under these Terms, with effect to the date of change of country of residence.

Our collection and use of personal information in connection with your access to and use of the Staycations Kenya  Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Staycations Kenya  Platform (“Payment Services“) are provided to you by one or more  Payments entities (“Staycations Kenya  Payments” (individually or collectively, as appropriate)) as set out in the Payments Terms of Service (“Payments Terms“).

At all material times, Hosts are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. Hosts are solely responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer in accordance with the applicable law.

The following are, but not limited to, some of the Hosting laws, rules, and regulations most prevalent in several cities in breach of which, Penalties may include fines or other enforcement. It is thus, as provided above, the sole responsibility of the Host to understand and ensure compliance with the same; 

1. laws that restrict their ability to host paying guests for short periods or provide certain Host Services.
2. Hosts may have to register, get a permit, or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle).

• Certain types of Host Services may be prohibited altogether.

We provide some information in our Help Centre in a bid to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Staycations Kenya , you should always seek legal guidance.

1. Scope of Staycations Kenya  Services

1.1 The Staycations Kenya  Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Staycations Kenya  Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use (“Accommodations“), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the Staycations Kenya  Platform, Staycations Kenya  does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Staycations Kenya  an organiser or retailer of travel packages under any existing laws. Hosts are solely responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Staycations Kenya , therefore, is not and does not become a party to or other participant in any contractual relationship between Members, nor is Staycations Kenya  a real estate broker or insurer. Staycations Kenya  is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, at all material times, Staycations Kenya  has no control over and does not guarantee;

1. the existence, quality, safety, suitability, or legality of any Listings or Host Services;
2. the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content; or

• the performance or conduct of any Member or third party.

In accordance with these Terms, Staycations Kenya  does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Staycations Kenya  about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable.

You should therefore, always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by Staycations Kenya  of any Host or Listing.

1.4 By choosing to use the Staycations Kenya  Platform as a Host or Co-Host (as defined in these Terms), your relationship with Staycations Kenya  is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Staycations Kenya  for any reason. You therefore, act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Staycations Kenya .

Staycations Kenya  does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

1.5 To promote the Staycations Kenya  Platform and to increase the exposure of Listings to potential Guests; Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Staycations Kenya  cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Staycations Kenya  Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The Staycations Kenya  Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Staycations Kenya  is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Staycations Kenya  of such Third-Party Services.

1.7 Due to the nature of the Internet, Staycations Kenya  cannot guarantee the continuous and uninterrupted availability and accessibility of the Staycations Kenya  Platform.

Staycations Kenya  may restrict the availability of the Staycations Kenya  Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Staycations Kenya  Platform. Staycations Kenya  may improve, enhance and modify the Staycations Kenya  Platform and introduce new Staycations Kenya  Services from time to time.

1. Eligibility, Using the Staycations Kenya  Platform, Member Verification

2.1 In order to access and use the Staycations Kenya  Platform or register a Staycations Kenya  Account, you must be a natural person of the age of majority as defined under Section 2 of the Age of Majority Act, Cap. 33, Laws of Kenya; or a duly registered, or validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that;

1. neither you nor your Host Service(s) are located or take place in a country that is subject to a Kenyan Government embargo, or that has been designated by the Kenyan Government as a “terrorist supporting” country, and
2. you are not listed on any Kenyan Government list of prohibited or restricted parties.

2.3 Staycations Kenya  may make access to and use of the Staycations Kenya  Platform, or certain areas or features of the Staycations Kenya  Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.4 Complete and accurate user verification on the Internet is strenuous and laborious, if not entirely impossible and as such, we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to;

1. ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members,
2. screen Members against third party databases or other sources and request reports from service providers, and
3. where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the Staycations Kenya  Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Staycations Kenya  Platform.

In the event of a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Staycations Kenya  Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

1. Modification of, or changes to these Terms

Staycations Kenya  reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Staycations Kenya  Platform and update the “version” date at the top of these Terms. We will also provide you with notice of the modifications by email at least ninety (90) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Staycations Kenya  Platform will constitute acceptance of the revised Terms.

1. Account Registration

4.1 Every user of Staycations Kenya  Platform must register an account (“Staycations Kenya  Account“) in-order to access and use certain features of the Staycations Kenya  Platform. These features include, but are not limited to, publishing or booking a Listing. If you are registering a Staycations Kenya  Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register a Staycations Kenya  Account using an email address and creating a password. One can also register a Maskani Account through their account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You can disable the connection between your Maskani Account and your SNS Account at any time, by accessing the “Settings” section of the Staycations Kenya  Platform.

4.3 Every user of Staycations Kenya  Platform is obligated at the point of registration, to provide accurate, current and complete information and at all times, to keep their Staycations Kenya  Account and Public Staycations Kenya  Account profile page information updated.

4.4 Please note that you are prohibited from registering more than one (1) Staycations Kenya  Account unless after being expressly authorised by Staycations Kenya . Please note further that you are prohibited from doing the following acts in regards to your Staycations Kenya  Account; to wit; assign or otherwise transfer your Staycations Kenya  Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Staycations Kenya  Account credentials and shall not disclose your credentials to any third party. If you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in the event of any actual or suspected unauthorized use of your Staycations Kenya  Account, you must immediately notify Staycations Kenya .

You are liable for any and all activities conducted through your Staycations Kenya  Account, unless such activities are not authorized by you and you are not otherwise negligent (failing to report the unauthorized use or loss of your credentials as provided under these Terms may be construed as a negligent act).

4.6 Staycations Kenya  may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Staycations Kenya  Account. For example, Staycations Kenya  may enable Members to link their Staycations Kenya  Accounts to businesses and take actions for those businesses, Staycations Kenya  may enable eligible Members or certain third parties to book Listings on behalf of other Members, or Staycations Kenya  may enable Hosts to add other Members as Co-Hosts to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Staycations Kenya  to ask for your credentials, and you shall not request the credentials of another Member.

1. Content

5.1 We may, at our sole discretion, enable Members to, interalia;

1. Create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Staycations Kenya  Platform (“Member Content“); and
2. access and view Member Content and any content that we make available on or through our Platform, including our proprietary content and any content licensed or authorized for use by or through Staycations Kenya , as it were, from a third party (“Staycations Kenya  Content” and together with Member Content, “Collective Content“).

5.2 The Staycations Kenya  Platform, Staycations Kenya  Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Republic of Kenya and other countries. You acknowledge and agree that the Staycations Kenya  Platform and Staycations Kenya  Content, including all associated intellectual property rights, are the exclusive property of Staycations Kenya  and/or its licensors or authorizing third parties.

You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Staycations Kenya  Platform, Staycations Kenya  Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Staycations Kenya  as used on or in connection with the Staycations Kenya  Platform and Staycations Kenya  Content are trademarks or registered trademarks of Staycations Kenya  in Kenya and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Staycations Kenya  Platform, Staycations Kenya  Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You shall not do any of the following prohibited acts in connection to intellectual property rights of Staycations Kenya  Platform, Staycations Kenya  Content, and/or Collective Content; use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Staycations Kenya  Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Staycations Kenya  or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Staycations Kenya  grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to;

1. Download and use the Application on your personal device(s); and
2. access and view any Collective Content made available on or through the Staycations Kenya  Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Staycations Kenya  Platform, you grant to Staycations Kenya  a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Staycations Kenya  Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Staycations Kenya  does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 We may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words “Maskanihomes.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Staycations Kenya  Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Staycations Kenya  Account is terminated or suspended for any reason. You acknowledge and agree that Staycations Kenya  shall have the right to use any Verified Images in accordance with these Terms for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Staycations Kenya  is not the exclusive owner of Verified Images, by using such Verified Images on or through the Staycations Kenya  Platform, you grant to us an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Staycations Kenya  in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Staycations Kenya  Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the Staycations Kenya  Platform. Accordingly, you represent and warrant that:

1. You either are the sole and exclusive owner of all Member Content that you make available on or through the Staycations Kenya  Platform or you have all rights, licenses, consents and releases that are necessary to grant to Staycations Kenya  the rights in and to such Member Content, as contemplated under these Terms; and
2. neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Maskani home’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that:

1. Is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
2. Is defamatory, libellous, obscene, pornographic, vulgar or offensive promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
3. Is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
4. Promotes illegal or harmful activities or substances;
5. . Violates Staycations Kenya ` policies.

Staycations Kenya  may, without prior notice, remove or disable access to any Member Content that Staycations Kenya  finds to be in violation of applicable law, these Terms or Staycations Kenya ` then-current policies or standards or otherwise may be harmful or objectionable to Staycations Kenya , its Members, third parties, or property.

1. Service Fees

6.1 Staycations Kenya  may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the Staycations Kenya  Platform. More information about when Service Fees apply and how they are calculated can be found on our service fee page

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Staycations Kenya  reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to Staycations Kenya . The applicable Service Fees (including any applicable Taxes) are collected by Staycations Kenya  Payments. Staycations Kenya  Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Staycations Kenya  Payments. Except as otherwise provided on the Staycations Kenya  Platform, Service Fees are non-refundable.

1. Terms specific for Hosts

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Staycations Kenya  Platform you must;

1. provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability),
2. disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency, or fitness requirements for an Experience) and provide any other pertinent information requested by Staycations Kenya .
3. You are responsible for keeping your Listing information (including calendar availability) up to date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, specifically, in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.5 Pictures, animations, or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. Staycations Kenya  reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.6 The placement and ranking of Listings in search results on the Staycations Kenya  Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help centre

7.1.7 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. In addition, you agree to pay the applicable Host Fee and any applicable Taxes.

7.1.8 Staycations Kenya  recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.

7.2 Listing Accommodations

7.2.1 Unless expressly allowed by Staycations Kenya , you may not list more than one Accommodation per Listing.

7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit“). Hosts are not allowed to ask for a Security Deposit;after a booking has been confirmed or outside of the Staycations Kenya  Platform.

7.2.3 Any Listing you post and the booking of, or a Guest’s stay at, an Accommodation shall;

1. not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and
2. comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).

7.3 Listing Experiences, Events and other Host Services

Hosts who list Experiences, Events and Host Services other than Accommodations agree to and are subject to the as may be applicable Additional terms of experiences.

1. Terms specific for Guests

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Staycations Kenya  and/or the Host, you can book a Listing available on the Staycations Kenya  Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Staycations Kenya  Account.

8.1.2 Upon receipt of a booking confirmation from Staycations Kenya , a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.

Staycations Kenya  Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the payment terms For certain bookings, Guests may be required to pay or have the option to pay in multiple instalments.

8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

8.2 Booking Accommodations

8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.

8.3 Booking Experiences, Events and other Host Services

8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply.

8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the  Staycations Kenya  Platform.

1. Booking Modifications, Cancellations and Refunds, Resolution Centre

9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Staycations Kenya  Platform or direct Staycations Kenya  customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and Staycations Kenya  Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless there is an extenuating curcumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Staycations Kenya  Payments pursuant to the payment terms

9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Staycations Kenya  may allow the Guest to apply the refund to a new booking. In this case, Staycations Kenya  Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction.

In furtherance to the foregoing, Staycations Kenya  may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. Further, Staycations Kenya  may (i) keep the calendar for the Listing  unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to  Staycations Kenya ’s Extenuating Circumstances  Policy or has legitimate concerns about the Guest’s behaviour.

9.5 In certain circumstances, Staycations Kenya  may cancel a pending or confirmed booking on behalf of a Host or Guest and initiate corresponding refunds and payouts. This may be for reasons set forth in Staycations Kenya  ‘s Extenuating Circumstances Policy or for the reasons set out elsewhere in these Terms.

Where a booking is cancelled at the instance of Staycations Kenya , we will notify Members and provide the reasons for such a measure, unless such notification would;

1. prevent or impede the detection or prevention of fraud or other illegal activities,
2. harm the legitimate interests of other Members or third parties, or contravene applicable laws.

9.7 If a Guest or Staycations Kenya  cancels a confirmed booking, and the Guest receives a refund in accordance with the guest refund policy,  Extenuating Circumstances Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, Staycations Kenya  Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.

9.8 Except as otherwise set out in these Terms, Members may use the Resolution Centre to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Centre in connection with your Staycations Kenya  Account, and Staycations Kenya  Payments will handle all such payments.

1. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Staycations Kenya . Ratings and Reviews are not verified by Staycations Kenya  for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to these Terms and must comply with Staycations Kenya ’s Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Staycations Kenya  Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

1. Damage to Accommodations, Disputes between Members

11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

11.2 If a Host claims and provides evidence that you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the Host can seek payment from you through the Resolution Centre. If a Host escalates a Damage Claim to Staycations Kenya , you will be given an opportunity to respond. If you agree to pay the Host, or Staycations Kenya  determines under consideration of any applicable statutory rules on the burden of proof that you are responsible for the Damage Claim, Staycations Kenya  via Staycations Kenya  Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the payment terms .

We also reserve the right to collect payment from you and pursue any remedies available to Staycations Kenya  in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.

11.3 Members agree to cooperate with and assist Staycations Kenya  in good faith, and to provide us with such information and take such actions as we may reasonably request in connection with any Damage Claims or other complaints or claims made by Members.

1. Taxes

12.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

12.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g. PIN number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law until resolution.

1. Prohibited Activities

13.1 It is your sole responsibility to comply and ensure compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Staycations Kenya  Platform. In connection with your use of the Staycations Kenya  Platform, you will not and will not assist or enable others to:

1. Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms,
2. Use the Staycations Kenya  Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Staycations Kenya  endorsement, partnership or otherwise misleads others as to your affiliation with Staycations Kenya ;
3. Copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Staycations Kenya  Platform in any way that is inconsistent with Maskani Home`s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
4. Use the Staycations Kenya  Platform in connection with the distribution of unsolicited commercial messages (“spam”);
5. Offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Staycations Kenya  Platform;
6. Unless Staycations Kenya  explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
7. Contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the Staycations Kenya  Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
8. Use the Staycations Kenya  Platform to request, make or accept a booking independent of the Staycations Kenya  Platform, to circumvent any Service Fees or for any other reason;
9. Request, accept or make any payment for Listing Fees outside of the Staycations Kenya  Platform or Staycations Kenya  Payments. If you do so, you: (a) accept all risks and responsibility for such payment, and (b) hold Staycations Kenya  harmless from any liability for such payment.
10. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
11. misuse or abuse any Listings or services associated with the Staycations Kenya  Open Homes program.
12. use, display, mirror or frame the Staycations Kenya  Platform or Collective Content, or any individual element within the Staycations Kenya  Platform, Staycations Kenya  ‘s name, any Staycations Kenya  trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Staycations Kenya  Platform, without Staycations Kenya  ‘s express written consent;
13. dilute, tarnish or otherwise harm the Staycations Kenya  brand in any way, including through unauthorized use of Collective Content, registering and/or using Staycations Kenya  or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Staycations Kenya  domains, trademarks, taglines, promotional campaigns or Collective Content;
14. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Staycations Kenya  Platform for any purpose.
15. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Staycations Kenya  or any of Staycations Kenya  ‘s providers or any other third party to protect the Staycations Kenya  Platform.
16. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Staycations Kenya  Platform.
17. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Staycations Kenya  Platform;
18. export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
19. violate or infringe anyone else’s rights or otherwise cause harm to anyone.

1. Term and Termination, Suspension and other Measures

14.1 This Agreement shall be effective until such time when you or Staycations Kenya  terminate the Agreement in accordance with this provision.

14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Staycations Kenya  Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Staycations Kenya  Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

14.3 Staycations Kenya  may, without limiting our rights specified below, terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

14.4 Staycations Kenya  may, immediately, without notice, terminate this Agreement and/or stop providing access to the Staycations Kenya  Platform if;

1. you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards,
2. you have violated applicable laws, regulations or third-party rights,  or such action is necessary to protect the personal safety or property of Staycations Kenya  may, its Members, or third parties, including but not limited to, a case of fraudulent behaviour of a Member,

 

In the event of occurrence of any of the following;

1. Failed, declined and/or refused to comply with applicable law, or the order or request of a court of law, law enforcement or other administrative agency or governmental body,
2. You have breached these Terms, the Payments Terms, our Policies or standards applicable laws, regulations, or third party rights, you have provided inaccurate, fraudulent, outdated or incomplete information during the Staycations Kenya  may Account registration, Listing process or thereafter
3. you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria,
4. you have repeatedly received poor Ratings or Reviews, or Staycations Kenya  otherwise becomes aware of or has received complaints about your performance or conduct,
5. you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or

such action is necessary to protect the personal safety or property of Staycations Kenya , its Members, or third parties, or to prevent fraud or other illegal activity

Staycations Kenya , may take any or all of the following actions against the party in breach thereof;

• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content.
• cancel any pending or confirmed bookings.
• limit your access to or use of the Staycations Kenya  Platform;
• temporarily or permanently revoke any special status associated with your Staycations Kenya  Account;
• temporarily or in case of severe or repeated offenses permanently suspend your Staycations Kenya  Account and stop providing access to the Staycations Kenya  Platform.

However, in the event of non-material breaches and where appropriate, you will be given notice of any intended measure by Staycations Kenya  and an opportunity to resolve the issue to Staycations Kenya  ‘s reasonable satisfaction.

The decision of Staycations Kenya  in regards to this clause is a final decision and is only rescindable at the sole discretion of Staycations Kenya .

1. Affirmation

We are committed to fulfilling our contractual obligations in as far as the same is in consonant with these Terms, any other express terms herein, and in accordance with the applicable Law.

1. Liability

Staycations Kenya  is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health.

We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages.

Essential contractual obligations are such duties of Staycations Kenya  in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract.

Any additional liability of Staycations Kenya  is excluded.

1. Indemnification

You agree, in accordance with the applicable law, to release, defend (at Staycations Kenya ’s option), indemnify, and hold Staycations Kenya  and its affiliates and subsidiaries, including but not limited to, Staycations Kenya  Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with any of the following;

1. your breach of these Terms or our Policies or Standards,
2. your improper use of the Staycations Kenya  Platform or any Staycations Kenya  Services
3. your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, stay, participation

The indemnification obligation according to these Terms only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

1. Dispute Resolution and Arbitration Agreement

18.1 This Dispute Resolution and Arbitration Agreement shall apply to all parties using Staycations Kenya  Platform in accordance with these Terms.

18.2 Overview of Dispute Resolution Process. Staycations Kenya  is committed to participating in a consumer-friendly dispute resolution process. Towards this end, these Terms provide for a duo-faced process for individuals who may wish to invoke this clause;

(a) an informal negotiation directly with Staycations Kenya ’s customer service team, and

(b) a binding arbitration process administered under the Arbitration Act, Cap. 49 Laws of Kenya.

In the event of a dispute in accordance with these Terms, parties must invoke arbitration before proceeding to address their dispute in Court.

1. Feedback

We are open to, entertain and encourage you to provide feedback, comments, and suggestions for improvements to the Staycations Kenya  Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact us” section of the Staycations Kenya  Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.

1. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with Kenyan Law. If you are acting as an individual or a business, you agree to submit to the exclusive jurisdiction of the Kenyan Law.

1. General Provisions

21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Staycations Kenya  and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Staycations Kenya  and you in relation to the access to and use of the Staycations Kenya  Platform.

21.2 No joint venture, partnership, employment, or agency relationship exists between you and Staycations Kenya  as a result of this Agreement or your use of the Staycations Kenya  Platform.

21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

21.5 Staycations Kenya ’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless the same is acknowledged and agreed to by Staycations Kenya  in writing.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Staycations Kenya ‘s prior written consent. Staycations Kenya  may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

21.7 Unless otherwise specified, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Staycations Kenya  via email, Staycations Kenya  Platform notification, or messaging service (including SMS).

21.8 If you have any questions about these Terms please email us. bookings@staycationskenya.com