Terms and Conditions of Service

Homestay Safari Group is a global online booking platform for accommodation facilities and service providers. Homestay endeavors to create great and memorable experiences for travel lovers, shutter-bugs and adventure seekers that change their world view digging down deep into both local and foreign culture.

These Terms and Conditions (Terms) govern your use of the Homestay Website (https://www.homestaysafari.com) and mobile apps (Sites).

Please read these Terms carefully before using the Sites.

  1. DEFINITIONS

    1. Homestay, Us, We and the Company refers to Homestay Executive and Safaris Ltd.

    2. Service(s) refers to the services that Homestay Ltd offers;

    3. Sites refers to the Homestay Website and the Homestay Apps;

    4. Customer and You refers to the person who uses the Homestay Safaris services, whether registered or not;

    5. Parties constitute Homestay, the Customer service providers;

    6. Content and Ratings refers to any submissions the customer may make to express their experience with the various institutions, companies, airlines and individual listings provided by the service providers through Homestay.

    7. Services means various travel products and services and includes that which can be purchased, rented, provided, reserved, paid, ordered and consumed by you from the Service Providers.

    8. Service Providers means hotels and accommodation, transport providers including but not limited rail, car rentals, airlines, tours and travel, holiday planning destinations, cruises and other related products and services available for use in our Sites.

    9. Service reservation is the purchase, booking and/or ordering, payment of any of our services.



TERMS OF USAGE



  1. GENERAL TERMS

    1. Your access to and use of the service is conditioned upon your acceptance of and the compliance with these Terms. The Terms apply to all visitors, users and other people who access and/or use the Services offered by the Company.

    2. By accessing and/or using the Service, you agree to be bound by these Terms.

    3. These Terms constitute the entire agreement between the parties and shall exclude any prior agreement and/or Terms.

    4. We may vary, remove or add any of the Terms of use at any time. The changes shall become effective upon posting. It is your responsibility to review the Terms prior to each use of the Services. Your continued access and use of the Service indicates your agreement to any changes.

    5. If you disagree with the Terms or the changes thereof, you may not access and/or use the Services.

    6. It is within the discretion of the Company to change, suspend, discontinue or delete from public viewership any of the parts of the Website, any database in the website without any notice to you. The company may also impose limits on certain features of the website without prior notice to you and without incurring any liability on our part.



  1. REGISTRATION

    1. We may require you to register for certain services or create a user account that may give you a better chance for an exceptional experience of the services we offer. The information required for such registration may include your name, your country and town of residence, your email and phone number and your method of payment including credit card information. Homestay will use the information you provide in accordance with its Privacy Policy (See the Homestay Privacy Policy)

    2. By registering you guarantee that the information you have provided is up to date, complete, current and accurate.

    3. You undertake to keep this information updated to keep it up to date, current and accurate.

    4. We are not responsible for any loss, inconveniences or penalties that may incur due to your submission of any wrong details including name, email, phone number and credit card information.

    5. You agree to keep your password safe and desist from using other peoples’ account without their permission.

    6. Homestay may use such username to identify you.

    7. You warrant that your user account is in accordance with these Terms of use.



  1. WHAT WE DO

    1. Through our Sites, the following services can be accessed: The service providers can list, market and offer their products, services and Customer can access the products by searching and comparing the various Services available thereafter, booking, reserving, ordering, hiring and/or purchasing the services.

    2. If you choose to utilize any of the services offered by booking, reservation, ordering, purchasing or in any other way utilizing the Services, you enter into a contractual relationship between the Service Provider and yourself. Consequently, Homestay exclusively acts as an intermediary between the Customer and the Service Provider and in ensuring the customers are able to access the services provided by the Service Provider.

    3. The information we display on our Sites is the material that the Service Providers make available to Homestay. It is expected that the Service Providers update their details to keep them current and accurate including their prices, details of their products and services, the availability of their products and services including uploading photos(if applicable). Although we take reasonable care in the service we offer, we cannot guarantee that the information provided by the service providers in the Sites is accurate. Consequently, we shall not be responsible for any error, misleading, inaccurate or untrue information presented on our Sites or for any failure of performance resulting from such.

    4. The Content of the Website and any attendant mobile applications are intended for your personal and non-commercial use.



  1. PRICES AND CANCELLATION POLICY

    1. The prices listed in the site are highly competitive. However, the prices are subject to changes and updates and Homestay shall not be liable for any loss occurring from such changes and updates. Before paying, you are advised to confirm the prices.

    2. Occasionally our Service Providers may provide services on lower prices, please note that these offers may be limited and may be subject to restrictions such as cancellation. Please check the relevant product for any such limitations prior to paying.

    3. In case of cancellations, please note that you may be charged for



  1. PAYMENTS

    1. When booking, hiring, reserving or otherwise paying for the services, you will pay the amounts to the Homestay bank accounts through bank transfer, cheques or mobile money.

    2. If you change your travel or holiday schedule, you shall be liable for any penalties arising from such changes. Such changes will be subject to the terms and conditions of the Service Providers. You are encouraged to timely contact the service provider and Homestay in case of such changes.

    3. where you cancel a service paid for, we shall only do a partial refund (if applicable) so as to cater for administrative costs and other expenses that might have been incurred as a result of the cancelation including but not limited to the transaction charges and differences in foreign exchange rates where applicable. Further, note that the refund will be subject to the time of cancelation as this might lead to partial or no refund. Late cancellation might lead to no refund.

    4. In the case of airline ticket, if you arrive at the ticket checking point but find that the airline does not show a reservation for you, confirm whether the airline had booked you to the flight and the status of your ticket and flight. If the details show that you are to be in the flight, the airline will be required to accommodate you in the flight, offer you an alternative flight or compensate you for the inconvenience.

    5. You are responsible for ensuring that the details on your travel documents, including your identification documents, are in order. Ensure that you fulfil all immigration requirements. We shall not be liable for any costs or inconveniences caused by wrong details or your failure in complying with any requirements.

    6. Also ensure that you check for travel advisories prior to paying for the Services.



  1. CUSTOMER REVIEW AND RATINGS

    1. In order to enable us and the service providers improve our service provision, we might request you to give a feedback after the utilization of such services.

    2. We may request for your review, comments and ratings via email, on our Sites, or on the website of the service provider. Your continued feedback will enable us to rate and rank the service providers.

    3. We may use the information you provide to us as customer reviews on our Sites and might accordingly be publicly available.

    4. We reserve the right to modify or delete reviews, comments or ratings that do not adhere to our Customer Review and Rating policy. You agree that in your comments and reviews you shall not threaten, abuse, use language that is defamatory, misleading, false, inaccurate or that comprises violent images or videos of killings or physical abuse or in any way spams the comments and reviews through repetitive, abusive or non-courteous messages.

    5. While we reserve the right to review the ratings, comments and reviews, we do not guarantee that we will monitor all reviews, comments and ratings. We shall not be liable for any damages that may result from such reviews.



  1. PROMOTION OF SERVICE PROVIDERS’ PRODUCTS AND SERVICES

A commercial relationship with Homestay is a prerequisite for listing and promotion of products and services. In this aspect, Homestay is not an open platform. Users cannot, without a commercial relationship with Homestay, list their products, and Homestay cannot promote such products and services without the existence of such a commercial relationship.



  1. CONTACT AND COMMUNICATION

By using our services, please note that we shall send you emails with details on the services Homestay and its affiliates including the Service Providers offer.

We shall contact you via the provided phone number and if you are unreachable we shall call the second contact person’s phone number. If the contacts provided are unreachable, we shall not bear liability for any inconvenience or loss you might incur.

We shall also contact you via email and/or call you to confirm your bookings, hiring, reservation and purchase of the various products and services offered by the Service Providers on the Site.

We might also send you an email to rate the Service Provider to rate the services the Service Provider has provided.

We are not liable for any communication between You and the Service Provider. We cannot guarantee that communication between the Service Provider and Yourself is going to be timely and accurate. We are not liable for any loss or inconvenience resulting from such communication.



  1. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

    1. YOU AGREE USE TO USE HOMESTAY AT YOUR OWN RISK AND HOMESTAY, ITS SUCCESSORS IN TITLE, AFFILIATES, PARENT COMPANIES, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS DO NOT WARRANT THAT THE SERVICES ON THE HOMESTAY WEBSITES AND APPS SHALL BE UNINTERUPTED OR FREE FROM ERRORS. THE ABOVE NAMED ALSO DO NOT WARRANT THAT ANY RESULTS OBTAINED HEREIN SHALL BE ACCURATE, RELIABLE OR FIT FOR PURPOSE.

    2. ANY SERVICES PROVIDED INCLUDINGE THE SITE AND ANY DOWNLOADLE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES.

    3. TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL HOMESTAY BE LIABLE FOR ANY LOSS OF PROFIT, DATA, GOODWILL TECHNOLOGICAL FAILURE, WORK INTERUPTION OR STOPPAGE, DEFAMATION, BASED ON ANY LEGAL CAUSES THAT ARISE FROM THE SITE OR APPS OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERUPTION, DELETION OR DELAY IN SERVICES. YOU AGREE THAT THE THIS LIMITATION OF LIABILTY APPIES REGARDLESS OF THE NATURE OF THE CLAIM, THE BASIS OF THE CLAIM, AND INCLUDING WHETHER OR NOT HOMESTAY, ITS EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, PARENT COMPANY OR SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILTY OF THE CLAIM ARISING. WITHOUT ANY GENERALITY OF THE ABOVE, YOU ALSO AGREE THAT HOMESTAY SHALL NOT BE RESPONSIBLE FOR ANY ACTUAL OR PERCIEVED DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING THE CUSTOMERS AND SERVICE PROVIDERS.

    4. IF THE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OF THE LIABILITIES ABOVE, THE LIMITATIONS WILL APPLY TO THE EXTENT THE PERMITTED BY LAW.



  1. IDEMINIFICATION

The user agrees to defend, indemnify and hold harmless Homestay, its employees, affiliates, directors, agents and licensors from any claims arising from the use of the Sites by you or your account.

  1. INTELLECTUAL PROPERTY AND TRADEMARKS

    1. You certify and warrant that you own the copyright to the images and photos you upload or submit to us.

    2. By uploading or submitting any photos or images to us, you give us a non-exclusive, worldwide license to use the photos or images for any purpose we deem fit including but not limited promotional and marketing purposes.

    3. You further warrant that that the images shall not contain any illegal material including pornography, obscenities and abuse.

    4. We reserve the right to delete any images or photos that do not conform to these Terms.

    5. Homestays and its affiliates own the logos and trademarks in the Sites. Any logos and trademarks submitted by users and Third Parties belong to their respective owners.

    6. All the content the Company publishes in the website is protected by Kenyan and international intellectual property law including but not limited to the copyrights owned of Homestay Ltd, affiliates, or the credited third party. Such content includes text, music, sounds and audio, photos and videos.

    7. We respect your intellectual property rights including copyright. If you believe that your intellectual property rights have been infringed, provide Homestay with a written complaint to the addresses listed below. Include the particulars of the alleged infringement. Kindly also include information that we can use to contact you.

Our address is:

Homestay Ltd

Garden Estate, Marurui Road, B12,

P.O Box 65159-001618

Ruaraka, Nairobi, Kenya.

Email: support@homestaysafari.com

    1. You may not modify, publish, transmit, or participate in any of the actions thereof or in any other ways participate in the exploitation of the Services and the content in contravention of copyright law of Homestay, its affiliates or third parties.

    2. You may copy or download any of the content that is downloadable for personal use only provided that you do not breach any of the copyright and intellectual property Terms. The downloading does not give you any intellectual property rights over the content.

    3. The content of the website is owned or is under license of the Company. Certain parts of the content might be owned by Third Parties.

    4. The Services contain links to Third Party internet sites, resources, and advertisers. You may choose to click or follow such links only in the understanding that Homestay is not responsible for any of their contents or their availability. Such content will be subject to the terms of use of the Third Parties.



  1. FORCE MAJURE

Homestay shall not be responsible for any acts, damages or failure of performance beyond its reasonable control including but not limited to acts of God, explosions, war, terrorism and failure of technology.

  1. DISPUTE RESOLUTION

    1. The Parties shall solve any disputes arising from these terms amicably.

    2. In case you feel that your rights under these terms are under threat or have been infringed, please use the address provided in these terms to reach us. We will try to resolve any dispute as fast as possible.

    3. If the parties are unable to resolve the disputes between themselves, the disputes will then be resolved via Arbitration officiated by an arbitrator appointed by the Company and the Customer.

    4. In case the Company and Yourself are not able to agree on the choice of the Arbitrator, the Arbitrator will be appointed by the sitting Law Society of Kenya Chairperson.

    5. We both agree that the use of a resolution of any disputes between Homestay and the Customer shall be done on an individual basis and not in class action.

    6. The law applicable in the construction and enforcement of this privacy policy is Kenyan law. You consent that your information may be collected and transferred according to the laws of Kenya.



  1. APPLICABLE LAW

    1. The Terms of Service shall be construed and enforced in accordance with Kenyan Law.



Updated and Posted on October 4th 2018.