1. Terms and conditions
1.1 Kenya Holiday House reserves the right to amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately when we post them on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website and/or services represents your agreement to be bound by the latest terms and conditions as amended.
2. Your use of the Kenya Holiday House website
2.1 You must be at least 18 years old to enter into a legally binding contract with Kenya Holiday House that will be enforceable against you.
2.3 We reserve the right at our discretion to cease or decline to provide you with any or all of the services we offer at any time without entering further discussions with you. Any such refusal or termination shall not affect any right or remedy to which Kenya Holidays House may be entitled.
2.4 We may occasionally send you emails relating to your transactions and other activities on the website as well as send you regular electronic newsletters.
3. Kenya Holiday House Services
3.1 We put homeowners and/or their agents in contact with persons interested in renting holiday houses in Kenya for the short term. We do not provide services for persons wishing to rent to holiday houses for the long term.
3.2 We are not the agent of any owner listed on our website or of any person wishing to rent.
3.3 We do not endorse any owner or any property and we do not guarantee the suitability, quality or rental price of any of the houses advertised on our site.
3.4 We are not a party to any agreement entered into by the owner or the tenant, in any transaction resulting from use of the site, or any dispute arising from any such transaction. Owners and tenants contract directly with each other and must communicate and deal with each other directly to resolve any problems.
3.5 If a tenancy arrangement proceeds, it is up to the tenant and the owner and or their agent to finalise the tenancy terms and complete all financial transactions. We recommend obtaining legal advice on the terms of the tenancy agreement.
3.6 Transactions and all other contact between you and any other Kenya Holiday House users are conducted entirely at your own risk. Without limiting any other clause of these terms and conditions, you acknowledge that we take no responsibility or liability for any misconduct of any of its members including, without limitation, misrepresentation of properties and fraudulent behaviour and that we give no undertakings, representations, or warranties in relation to the accuracy of information on the website.
3.7 You must only make a booking that you intend to use and pay for and must not use the website to make speculative, false or duplicitous bookings or enquiries.
3.8 We reserve the right to amend or remove information published on or through the website if we consider it incorrect or misleading.
3.9 Kenya Holiday House may share your information with our subsidiary and / or related companies to make your property listing more widely available but we shall not release or publish any sensitive or confidential information or any of your personal details to the said subsidiary companies or any other third party.
3.10 If you register with Kenya Holiday House, you are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
3.10.1 not to permit any other person to use your user name or membership;
3.10.2 not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership; and
3.10.3 not to enter your Kenya Holiday Houses login details into any website unless the url begins with https://www.kenyaholidayhouse.com/ If you are ever in doubt, please contact us.
4. Specific Warnings
4.1 Your use of the Kenya Holiday House website and / or services is at your sole risk.
4.2 The website and services are provided on an “as is” and “as available” basis.
4.3 We do not give any warranties of any kind, whether express or implied, in relation to the website, the service provided by the website, or your use of the website and/or service, including (without limitation) the availability, accuracy or completeness of the website and the information on it, or the quality or suitability of any accommodation, product or service featured or made available on the website.
4.4 We may modify or discontinue this website without notice to you.
5. Exclusion and Limitation of Liability
5.1 To the maximum extent permitted by law, Kenya Holiday House disclaims any and all liability to you, under any circumstances (including, but not limited to, negligence), for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits, loss of savings, loss of opportunity, or personal injury and damage to property) suffered by you, or anyone else, arising from the direct or indirect use of our website and/or any services provided by us or from the use of, or inability to use, any accommodation, product or service booked or paid for using the website and / or services, even if we have been advised of the possibility of such loss or damages.
5.2 If, notwithstanding these terms and conditions, we are held to be liable then you agree that our total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount actually paid by you to us for your use of the Kenya Holiday House website and / or services.
6. General Rules
6.1 All property listings, and all communications made through or in relation to Kenya Holiday House shall be made in good faith.
6.2 You must not damage, interfere with or harm the website or services, or any network, or system underlying or connected to them, or attempt to do so.
6.3 You may not use a robot, spider, scraper or other automated means to access the website or information featured on it for any purpose without our express permission.
6.4 You may list your accommodation prices in Kenya Shillings or in any other such currency as may be relevant. You acknowledge that your tax obligations are your responsibility.
7. Your obligations as an Owner and/or Tenant
7.1 You must comply with all Kenyan laws relevant to the short term rental of the properties you advertise on our site. All information about your property and rates must be accurate at all times.
7.2 You will only list a property for rent if you are authorized to do so. If you are a co-owner of a property, you must ensure that all other co-owners agree to you renting out the property.
7.3 You may be required to make available a photocopy of the title over your home as proof of ownership and agree to send to us the said title as soon as possible when requested.
7.3 Each property you register on must represent an individual physical property.
7.4 You agree to respond to enquiries and online booking requests in a timely manner.
7.5 Kenya Holiday House relies on information from your calendar for an availability based search on whether your home is available for rent. You agree to keep your calendar up to date.
7.6 Once you receive a booking and a deposit from a client, you must honour the booking and make sure there are no double-bookings of your property through another party.
7.8 While our site shows probable availability of some properties, it is not a guarantee that a specific property is available at a certain time. You must always check directly with the owner.
7.9 Owners may have particular requirements or restrictions on their properties. If so, these are a matter between you and the owner.
7.10 Tenants are responsible for ensuring they have read the owner’s terms for rental prior to making a booking.
8.1 The feedback or comments or entries you provide on Kenya Holiday House about users and properties must not contain offensive, defamatory, unlawful, misleading, deceptive or inappropriate language.
8.2 We are not responsible for any of the opinions expressed in the comment facility. By posting a comment you agree to take full legal responsibility and liability for your comments and to indemnify Kenya Holiday House from all liability, loss, damages, costs or expenses suffered by Kenya Holiday House in connection with your comment.
8.3 You may only give feedback related to a specific stay in a Kenya Holiday House listed on the website that was either booked through the website, or was a result of an enquiry through the website.
8.5 We reserve the right to remove any comments on the website or our Facebook page, which we consider inappropriate or in breach of these terms and conditions.
8.6 Comments submitted to the website are provided for the sole purpose of facilitating the operation of the website and the services. You must not market or export any comments on the website to any other venue or website.
9. Kenya Holiday House Fees and Charges
9.1 We charge owners fees for the use of our website as a way for owners and renters to contact each other and to facilitate online bookings (“Fees”).
9.2 If you are a tenant, you do not pay us for the standard enquiry service we provide.
9.3 If you are the owner, you must pay us the fees associated with your advertising on our site.
9.4 We may change the fees charged for services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
9.5 If you do not pay our fees or charges, we cannot list your property on the site.
10. Changes, cancellations and refunds
10.1 Cancellation policies are specific to each owner, as per the terms stated in the booking notes on their listing.
10.2 Tenants should contact the owner directly to discuss any desired cancellations, changes or refunds. Additional charges, or a refund, may apply depending on the nature of the booking amendment.
Cancellations prior to booking confirmation do not incur fees.
13. Resolution of disputes
13.1 As Kenya Holiday House is not a party to any rental transaction between you and another member, you agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.
14. Force Majeure
14.1 Kenya Holiday House has no liability for any lack of performance, unavailability or failure of the services or the website or for any failure of Kenya Holiday House to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Kenya Holiday House.
15. No Waiver
15.1 If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
16. Partial Invalidity
16.1 If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
17. Governing Law
17.1 These terms and conditions are governed by the laws of the Republic of Kenya. You submit to the non-exclusive jurisdiction of the Courts of Kenya.
18. Intellectual Property Rights
18.1 Kenya Holiday House (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website.
18.2 You may not without our prior written permission, in any form or by any means:
18.2.1 Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
18.2.2 Commercialize, copy, or on-sell any information, or items obtained from any part of this website.
19. Entire agreement
19.1 These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
20.1 Kenya Holiday Houses collects personal information about you through your use of the services and the website, including:
20.1.1 your registration details; and
20.1.2 information relating to your use of the services and website and the content you access.
20.2 You agree that Kenya Holiday House may use this personal information to assist us to provide the website and services to you, for internal research purposes, to verify your identity, to protect the rights, property, or safety of Kenya Holiday House, our users, or others, for promoting and marketing other Kenya Holiday House services to you, and for any other use that you authorize.
20.3 We release account and other personal information only when we believe release is appropriate for legal compliance and law enforcement, to facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Kenya Holiday House, our users, or others.