Terms and conditions
Thank you for using Triply
WHEREAS, Triply, is a Company duly incorporated in accordance with the laws of the Republic of Kenya conducts its business as a bookings agent in collaboration with the safari lodges, hotels and accommodation Hosts so featured on the Tripitaca website;
WHEREAS, the Guests acknowledge that the Listings made available for booking by Tripitaca on this website is so done with the Guests express knowledge that it is done so with the collaboration of each safari lodge, hotel and accommodation Hosts featured on the Tripitaca’s website;
NOW THEREFORE, Tripitaca wishes to record the Terms of service as follows:
PREAMBLE
These Terms of Service (“Terms”) are a binding legal agreement between you and Tripitaca that govern your use of the websites, applications, and other offerings from Tripitaca (collectively, the “Tripitaca Platform”). When used in these Terms, “Tripitaca,” “we,” “us,” or “our” refers to the Tripitaca entity with whom you are contracting.
SCOPE OF SERVICES
The Tripitaca Platform offers an online platform that enables users (“Members”) to list, publish, offer, search for, and book services. Members who list, publish and offer services are “Hosts” and Members who search for, book, or use our services are “Guests.”
Hosts offer accommodations (“Accommodations”), activities, excursions, and events (“Deals”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”).
You must register an account to access and use features of the Tripitaca Platform, and must keep your account information accurate. As the provider of the Tripitaca Platform, Tripitaca does not own, control, offer or manage any Listings or Host Services.
Tripitaca is not a party to the contracts entered into directly between Hosts and Guests, nor is Tripitaca a real estate agent, broker or insurer for members.
Tripitaca is not acting as an agent in any capacity for any Member, except as a Hosts Payments Collection Agent as specified in the Payments Terms.
To learn more about Tripitaca’s role see Clause 3.8. We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by Tripitaca.
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Host Services
TABLE OF CONTENTS
1. Guest Terms
1.1. Our Mission.
1.2. Eligibility for using the Tripitaca Platform; Member Verification
1.3. Searching and Booking on Tripitaca.
1.4. Cancellations, Travel Issues, Refunds and Booking, Modifications.
1.5. Your Responsibilities and Assumption of Risk.
2. Host Terms
2.1. Hosting on Tripitaca.
2.2. Managing Your Listing.
2.3. Cancellations, Travel Issues, and Booking Modifications.
2.4. Taxes
3. General Terms
3.1. Reviews.
3.2. Content.
3.3 Service and Subscription Fees
3.4. Tripitaca Platform Rules.
3.5. Termination, Suspension and other Measures.
3.6. Modification.
3.7. Resolving Complaints and Damage Claims.
3.8. Tripitaca’s Role.
3.9. Member Accounts.
3.10. Disclaimer of Warranties.
3.11. Limitations on Liability.
3.12 Indemnification.
3.13 Contracting Entities.
3.14. Republic of Kenya Governing Law and Venue.
3.15 Republic of Kenya Dispute Resolution and Arbitration Agreement.
3.16. Rest of World Dispute Resolution, Venue and Forum, and Governing Law.
3.17. Miscellaneous.
GUEST TERMS
1.1 Our Mission
Our mission is to provide a trusted accommodation ecosystem built on inclusivity to promote local travel, contributing to the growth of Kenya’s diverse hospitality and cultural experiences. Get to stay anywhere in Kenya to experience and enjoy our diversity. Check our various listings, make and receive offers from hosts, and learn more about a Listing by reviewing the description and photos, the Host profile, and Guest reviews. You can also message the host for more details.
1.2. Eligibility for using the Tripitaca Platform and Member Verification
1.2.1. Eligibility for using the Tripitaca platform
One must be at least 18 years old and able to enter into legally binding contracts to access and use the Tripitaca platform or register an account. By accessing or using the Tripitaca platform you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a valid contract.
If you book on behalf of additional guests, you are required to ensure that every additional guests meets any requirements set by the Host. Where the additional guest is a minor, you represent and warrant that you are legally authorized to act on their behalf. Minors may only participate in Host Services if accompanied by an adult who is responsible for them.
1.2.2. Member verification
For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to; ask Members to provide a form of government identification or undertake additional checks designed to help verify the identities of members.
1.3. Searching and Booking on Tripitaca.
1.3.1. Searching.
You can search for Host Listings by using criteria like the type of Host Property, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g., minimum or maximum nights), and more.
Booking.
Subject to meeting any requirements (such as completing any verification process) set by the Host, you can book a Listing available on the Tripitaca platform. All applicable fees will be presented to you prior to booking a Listing. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Tripitaca’s service fee, and any other items identified for any booking requested in connection with your Tripitaca account (collectively, “Total Price”). You are also agreeing that Tripitaca may charge and collect any security deposit identified during the time of the booking request or upon the Host’s confirmation. The guest is required to indicate checkout time when confirming your booking on the platform. Upon receipt of a booking confirmation from Tripitaca, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or an agent as part of a team to provide their Host Services.
1.3.3. Accommodation Reservations.
An Accommodation reservation is a limited license to enter, occupy, and use the Accommodation provided by the host according to their terms. The Host retains the right to re-enter the Accommodation during your stay, to the extent:
It is reasonably necessary
Permitted by your contract with the Host.
Consistent with applicable laws and regulations.
You agree to check out of the Accommodation no later than the time specified in the Listing or such other time as mutually agreed upon between you, the Host and Tripitaca. If you stay past checkout without the Host’s consent, the Host has the right to make you leave in a manner consistent with applicable laws, including by imposing reasonable overstay penalties. Overstay fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such overstay. The Host reserves the right to charge a nightly fee of up to two times the average nightly Listing fee originally paid to cover the inconvenience suffered together with all applicable Guest Fees, Taxes and any legal expenses incurred by the Host for each twenty-four-hour period that you overstay. (Is overstay a few hours or days?)
You may not exceed the maximum number of allowed Guests.
1.4. Cancellations, Travel Issues, Refunds and Booking Modifications.
1.4.1. Cancellations, Travel Issues, and Refunds.
In general, Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy. However, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Rebooking and Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy. See each policy for details about what is covered, and what refund applies in each situation.
1.4.2. Booking Modifications.
Guests and Hosts are responsible for any booking modifications they agree to make via the Tripitaca Platform or direct Tripitaca customer service to make on their behalf and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
1.5. Your Responsibilities and Assumption of Risk.
1.5.1 Your Responsibilities.
You are responsible and liable for your own acts and or omissions and are also responsible for the acts and or omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or other Host Service. This means:
You are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived.
You must act with integrity, treat others with respect, and comply with applicable laws and rules at all times.
If you are looking after an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision and actions of the said minor.
1.5.2 Your Assumption of Risk.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Tripitaca Platform and any Content (as defined in Clause 3.2), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death. You freely and willfully assume those risks by choosing to participate in those Host Services
1.5.3 TrueDepth API.
During the identity verification process on the iOS app, our identity verification service provider makes use of the information collected using the device camera and the TrueDepth API provided by Apple. The data collected using the True Depth API is used in smile detection (on devices supporting True Depth) during the liveness capture when we prompt a user to smile. We use it for finding a face in 3D space for supported cameras. None of the information collected by the TrueDepth API ever leaves the user's device nor is it persistently stored on the device. This is further explained in detail in our privacy policy.
2.0 HOST TERMS.
2.1. Hosting on Tripitaca.
2.1.1 Host.
As a Host, Tripitaca offers you the opportunity to share your Accommodation, Experience, or other Host Services with our community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
2.1.2 Host Subscription Fees.
Hosts pay a subscription fee of $50 on a monthly basis to access premium features that are not available on a basic account. This includes the counteroffer feature, for tonight only feature, curated packages, and special offer feature. The fee is payable on a monthly basis and once paid the features are automatically enabled for premium accounts. (This covers only premium features how about normal/basic features?)
2.1.3 Contracting with Guests.
When you accept a booking request or receive a booking confirmation through the Tripitaca Platform, you are entering into a contract directly with the Guest and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. Any terms, policies, or conditions that you include in any supplemental contract with Guests must:
Be consistent with these Terms, our policies, and the information provided in your Listing, and
Be prominently disclosed in your Listing description.
2.1.4 Independence of Hosts.
The Host agrees and intend that this relationship is one of undertaking independent services and specifically is not a relationship of employer or employee agency, joint venture or partnership. Tripitaca is only designated to act as the Host’s payments collection agent as described in the Payment Terms. Tripitaca does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
2.2. Managing Your Listing.
2.2.1 Creating and Managing Your Listing.
The Tripitaca Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times pursuant to our content policy. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.
2.2.2 Know Your Legal Obligations.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example:
Some landlords and leases, or homeowner rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays.
Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle).
In some places, the Host Services you want to offer may be prohibited altogether.
Some jurisdictions require that you register Guests who stay at your Accommodation.
Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply for longer stays.
Check your local rules to learn what rules apply to the Host Services you plan to offer.
Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations.
You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
2.2.3 Search Ranking.
The ranking of Listings in search results on the Tripitaca Platform depends on a variety of factors, including these main parameters:
Guest search parameters (e.g., number of Guests, time and duration of the trip, price range),
Listing characteristics (e.g., price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Guest popularity),
Guest booking experience (e.g., customer service and cancellation history of the Host, ease of booking),
Host requirements (e.g., minimum or maximum nights, booking cut-off time)
Guest preferences (e.g., previous trips, saved Listings, location from where the Guest is searching).
Search results may appear different on our mobile application than they appear on our website. Tripitaca may allow Hosts to promote their Listings in search or elsewhere on the Tripitaca Platform by paying an additional fee.
2.2.4 Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services.
You are responsible for setting your price and establishing rules and requirements for your Listing.
You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Tripitaca Platform.
Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Tripitaca Platform in violation of our Off- Platform Policy .
2.2.5 Hosting as a Team or Organization.
If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Tripitaca to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
2.2.6 Your Assumption of Risk.
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Tripitaca Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Tripitaca Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Tripitaca.
2.3 Cancellations, Travel Issues, and Booking Modifications.
2.3.1 Cancellations and Travel Issues.
In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If:
A Guest experiences a Travel Issue (as defined by the Rebooking and Refund Policy)
An Extenuating Circumstance arises.
A reservation is cancelled under Clause 3.5 of these Terms.
The amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation.
If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Tripitaca exceeds your payout, Tripitaca during subsequent payments may recover that amount from you, including by offsetting the refund against your future payouts.
You agree that Tripitaca’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Guests.
If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that reservation until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation
2.3.2 Booking Modifications.
Hosts and Guests are responsible for any Booking Modifications they agree to make via the Tripitaca Platform or when they direct Tripitaca customer service to make the modifications on their behalf.
Guests agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
Any booking modifications agreed between host and guest off-platform does not constitute or form part of Tripitaca bookings and may incur penalties and consequences as provided for in our other policies.
2.4. Taxes.
2.4.1 Host Taxes.
As a host, you are responsible for determining and fulfilling your tax obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes“).
3.0 GENERAL TERMS
3.1. Reviews.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Reviews reflect the opinions of individual members and do not reflect the opinion of Tripitaca. All Reviews must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Tripitaca for accuracy and may be incorrect or misleading.
3.2 Content.
3.2.1. Parts of the Tripitaca Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Tripitaca a non-exclusive, worldwide, royalty free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation.
3.2.2. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Tripitaca pays for the creation of Content or facilitates its creation, Tripitaca shall and will own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and for all activity that occurs under your account, and warrant that you either own it or are authorized to grant Tripitaca the rights described in these Terms.
3.2.3. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Tripitaca reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. Tripitaca further reserves the right to make formatting and edits and change the manner of any Content.
3.2.4. Content must comply with our Content Policy, Privacy Policy and Non-Discrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content.
3.2.5. Tripitaca can also limit or revoke the use of the Service if You post such objectionable Content. As Tripitaca cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.
3.2.6. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Tripitaca be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
3.2.7. You agree that Tripitaca may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Tripitaca does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
3.3. Service Fees & Subscription Fees
3.3.1 Service Fees
Tripitaca may charge fees (and applicable Taxes) to Hosts and Guests for the use of the Tripitaca Platform. More information about when service fees apply and how they are calculated can be found on our Fee Policy. Except as otherwise provided on the Tripitaca Platform, service fees are non-refundable. Tripitaca reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Clause 3.5.2.
3.3.2 Subscription Fees
Tripitaca may charge a monthly subscription fee (and applicable Taxes) to Hosts for use of premium features on the Tripitaca Platform. More information about when subscription fees apply and what features are included can be found on our Fee policy.
Except as otherwise provided on the Tripitaca Platform, subscription fees are non-refundable. Tripitaca reserves the right to change the subscription fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect subscriptions made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Clause 3.5.2.
3.4 Tripitaca Platform Rules.
3.4.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect
Do not lie, misrepresent something or someone, or engage in identity theft.
Be polite and respectful when you communicate or interact with others.
Follow our Nondiscrimination Policy and do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair the Tripitaca Platform
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Tripitaca Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Tripitaca Platform or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Tripitaca Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Tripitaca Platform.
Only use the Tripitaca Platform as authorized by these Terms or another agreement with us
You may only use another Member’s personal information as necessary to facilitate a transaction using the Tripitaca Platform as authorized by these Terms and not for personal, third party or fraudulent gain.
Do not use the Tripitaca Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent
You may use Content made available through the Tripitaca Platform solely as necessary to enable your use of the Tripitaca Platform as a Guest or Host.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not request, make, or accept a booking or any payment outside of the Tripitaca Platform to avoid paying fees, taxes or for any other reason.
Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Tripitaca.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book Host Services unless you are actually using the Host Services.
Do not use, copy, display, mirror or frame the Tripitaca Platform, any Content, any Tripitaca branding, or any page layout or design without our consent.
Do not share Host and Guest contact information to facilitate transacting out of the Tripitaca Platform except in accordance to the Terms.
Honor your legal obligations
Understand and follow the laws that apply to you, including privacy, data protection, and export laws
If you provide us with someone else’s personal information, you:
Must do so in compliance with applicable law.
Must be authorized to do so
Authorize us to process that information under our Privacy Policy.
Read and follow our Terms, Policies and Standards.
Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation
Do not use the name, logo, branding, or trademarks of Tripitaca or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Tripitaca branding.
Do not offer Host Services that violate the laws or agreements that apply to you.
Do not offer or solicit prostitution or participate in or facilitate human trafficking or use the Tripitaca platform for illegal and fraudulent activities.
You understand, acknowledge and agree that you fully exonerate Tripitaca of any liabilities arising out of the breach of any of these rules and other rules provided for in our other policies.
3.4.2 Reporting Violations.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Tripitaca. In addition, if you believe that a Member, Listing or Content has violated our terms, you should report your concerns to Tripitaca immediately and without any unreasonable delay. If you reported an issue to local authorities, Tripitaca may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report made to authorities
3.4.3 Copyright Notifications.
If you believe that Content on the Tripitaca Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
3.5 Termination, Suspension and other Measures.
3.5.1 Terms.
The agreement between you and Tripitaca reflected by these Terms is effective when you access the Tripitaca Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
3.5.2 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your account.
Tripitaca may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account.
Tripitaca may also terminate this agreement immediately and without notice and stop providing access to the Tripitaca Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Tripitaca, its Members, or third parties.
If your account has been inactive for more than two years, we may terminate your account without prior notice.
3.5.3 Member Violations.
Tripitaca believes it is reasonably necessary to protect Tripitaca, its Members and or third parties. If you breach these Terms, our Policies, or our Standards and if you violate applicable laws, regulations, or third-party rights, Tripitaca may, with or without prior notice:
Suspend or limit your access to or use of the Tripitaca Platform and/or your account.
Suspend or remove Listings, Reviews, or other Content.
Cancel pending or confirmed bookings.
Suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Tripitaca determines in its sole discretion, you will be given notice of any intended measure by Tripitaca and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
3.5.4 Legal Mandates.
Tripitaca may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Clause 3.5.3.
3.5.5 Effect of Termination.
If you are a Host and you terminate your Tripitaca account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. (Does a full refund include service fees/your commission).
If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy.
When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content.
If your access to or use of the Tripitaca Platform has been limited, or your Tripitaca account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Tripitaca Platform through an account of another Member.
3.5.6 Survival.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 25.
3.6 Modification.
3.6.1. Tripitaca reserves the right, at Our sole discretion, to modify or replace these Terms at any time in accordance with this condition. When we make material changes to these Terms, we will post the revised Terms on the Tripitaca Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least seven (7) days before the date they become effective. What constitutes a material change will be determined at Our sole discretion.
3.6.2. If you disagree with the revised Terms in whole or in part, you are at liberty to terminate this agreement immediately as provided in these Terms. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.
3.7 Resolving Complaints and Damage Claims.
If a Member has a complaint or issue that requires addressing or provides valid evidence that you, your guest(s), or your pet(s) have caused a ("Damage Claim"); this means;-
Damaged their real or personal property
Damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or
Caused loss of booking income for bookings via the Airbnb Platform or other consequential damages which result directly from the damage caused under (i) and (ii) above; or
otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee and cost,
The complaining Member can seek compensation from the other member through the Tripitaca Customer Support.
If the complaining Member escalates a Damage Claim to Tripitaca, the other Member will be given an opportunity to respond.
If the responding Member agrees to pay, or Tripitaca determines in its sole discretion that they are responsible for the Damage Claim, Tripitaca via its payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit.
You agree that Tripitaca may seek to recover from you under any insurance policies you maintain and that Tripitaca may also pursue against you any remedies it may have available under applicable law.
You agree to cooperate in good faith, provide any information Tripitaca requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
3.8 Tripitaca’s Role.
3.8.1. We offer a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Tripitaca, we do not and cannot control the conduct of Guests and Hosts.
3.8.2. You acknowledge that Tripitaca has the right, but does not have any obligation, to monitor the use of the Tripitaca Platform and verify information provided by our Members. We may review, disable access to, remove, or edit Content to:
operate, secure and improve the Tripitaca Platform (including for fraud prevention, risk assessment, investigation and customer support purposes
ensure Members’ compliance with these Terms
comply with applicable law or the order, or requirement of a court, law enforcement or other administrative agency or governmental body address Content that we determine is harmful or objectionable;
take actions set out in these Terms; and
Maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria.
Members acknowledge and agree that Tripitaca administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion.
Members agree to cooperate with and assist Tripitaca in good faith, and to provide Tripitaca with such information and take such actions as may be reasonably requested by Tripitaca with respect to any investigation undertaken by Tripitaca regarding the use or abuse of the Tripitaca Platform.
Tripitaca is not acting as an agent for any Member except for where Tripitaca acts as a Hosts payments collection agent as provided in the Payments Terms.
Member Accounts.
You must register an account to access and use features of the Tripitaca Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older.
You represent and warrant that you are not a person or entity barred from using the Tripitaca Platform under the laws of the Republic of Kenya, your place of residence, or any other applicable jurisdiction.
You must provide accurate, current, and complete information during registration and keep your account information up-to-date. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our platform. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You may not register more than one account or transfer your account to someone else.
You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. .
You are responsible and liable for activities conducted through your account and must immediately notify Tripitaca if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised.
If and as permitted by applicable law, we may, but have no obligation to;
Ask you to provide identification or other information
Undertake checks designed to help verify your identity or background,
Screen you against third-party databases or other sources and request reports from service providers, and
Obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
Disclaimer of Warranties.
Tripitaca offers no warranty that any information or service provided or referenced by this site is either merchantable or accurate, that such information or service will fulfill any of the Clients specific purposes or needs, or such that information or service do not infringe upon any third party rights. The information and services provided or referenced on the Tripitaca website are provided “as is” and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user.
We disclaim all warranties, whether express or implied. That means;
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party;
We do not warrant the performance or non-interruption of the Tripitaca Platform;
We do not warrant that verification, identity, or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Tripitaca has completed a relevant verification or identification process and nothing else.
The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Whilst Tripitaca exercises reasonable efforts to include accurate and up-to-date information on the website, Tripitaca makes no warranties or representations as to its accuracy.
Tripitaca may from time to time add, change, or improve any of the information, products, services, programs, and technology described on the website without notice.
Tripitaca assumes no liability or responsibility for any errors or omissions in the content of the website.
Tripitaca shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct or inconsequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this website or any agent of Tripitaca.
Limitations on Liability.
Neither Tripitaca (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Tripitaca Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with;
these Terms,
the use of or inability to use the Tripitaca Platform or any Content,
any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Tripitaca Platform,
publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Tripitaca has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, in no event will Tripitaca’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Tripitaca Platform, any Content, or any Host Service, exceed:
To Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability.
To Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability.
To anyone else.
These limitations of liability and damages are fundamental elements of the agreement between you and Tripitaca. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Tripitaca’s option), indemnify, and hold Tripitaca (its affiliates, and their personnel) 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:
Your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards.
Your improper use of the Tripitaca Platform,
Your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use.
Your failure, or our failure at your direction, to accurately report, collect or remit Taxes.
Our breach of any laws, regulations or third-party rights such as intellectual property or privacy rights.
Contracting Entities.
The Tripitaca entity with whom you are contracting with is Tripitaca based in Nairobi the Republic of Kenya.
Republic of Kenya Governing Law and Venue.
These Terms will be interpreted in accordance with the laws of the Republic of Kenya, with no regard to conflict-of-law provisions. In the event of a conflict between Kenyan laws and any other Law, then the laws of Kenya will prevail. Judicial proceedings are excluded from the arbitration agreement in Clause 3.15 must be brought in the courts in the Republic of Kenya. You consent to the venue and personal jurisdiction of any judicial proceedings to be in the Republic of Kenya.
Republic of Kenya Dispute Resolution and Arbitration Agreement
You agree to seek to resolve any dispute, controversy or claim arising out of or relating to this Terms of Service or the breach, termination or invalidity thereof, by amicable settlement. Where it is not possible to reach an amicable settlement, any dispute, controversy or claim arising out of or relating to this terms of service or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Act of 1995 or any statutory modifications or re-enactment thereof for the time being in force.
Application.
Any dispute arising out of or relating to this Terms of Service shall be settled by arbitration in accordance with the Arbitration Act (Cap 45) of the Laws of Kenya. In the event of a conflict between Kenyan laws and any other Law, then the laws of Kenya will prevail.
The party in breach in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys' fees, incurred by the prevailing party in resolving such dispute.
Notwithstanding any adjudication or arbitration proceedings no party shall commit an anticipatory breach of contract.
Overview of Dispute Resolution Process
Tripitaca is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section applies:
An informal negotiation directly with Tripitaca’s customer service team (described in Clause 3.15.3 below), and if necessary
A binding arbitration administered by the Kenya Branch of the Chartered Institute of Arbitrators. You and Tripitaca each retain the right to seek relief in Kenyan courts as an alternative to arbitration.
Mandatory Pre-Arbitration Dispute Resolution and Notification
You and Tripitaca each agree to notify each other in writing of any dispute within 30 days before initiating arbitration proceedings. This will act as an attempt in good faith to negotiate an informal resolution.
You must send your notice of dispute to Tripitaca. Tripitaca will send its notice of dispute to the email address associated with your Tripitaca account.
A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought.
If the parties are unable to resolve the dispute within the 30- day period, only then may either party commence arbitration by filing a written Demand for Arbitration with the Kenya Branch of the Chartered Institute of Arbitrators and providing a copy to the other party.
Agreement to Arbitrate.
You and Tripitaca mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Tripitaca Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”).
If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Tripitaca agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement.
You and Tripitaca each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Clause 3.15.2):
Any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
Any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or
A request for the remedy of public injunctive relief. You and Tripitaca agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration.
Arbitration Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the arbitration laws of the Republic of Kenya governs all substantive and procedural interpretation and enforcement of this provision.
The arbitration will be administered by Kenya Branch of the Chartered Institute of Arbitrators in accordance with the Arbitration Rules and/or their arbitration rules determined to be applicable by the Kenya Branch of the Chartered Institute of Arbitrators then in effect, except as modified here.
The Kenya Branch of the Chartered Institute of Arbitrators Rules can be obtained through contacting them. In order to initiate arbitration, a completed written demand must be filed with the Kenya Branch of the Chartered Institute of Arbitrators and provided to the other party.
Modification to Kenya Branch of the Chartered Institute of Arbitrators Rules – Arbitration Hearing/Location.
In order to make the arbitration most convenient to you, Tripitaca agrees that any required arbitration hearing may be conducted, at your option:
In the Kenyan county where you reside.
In Mombasa County
Via phone or video conference;
If all parties agree, by solely the submission of documents to the arbitrator.
(I advise that all proceedings, whether judicial or arbitrary to be conducted in Nairobi?)
Modification of Kenya Branch of the Chartered Institute of Arbitrators – Legal Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the Arbitrators Rules and, where appropriate, limited by the Arbitrators Consumer Rules.
If such costs are determined by the arbitrator to be excessive, each party will share equally the arbitration fees and expenses.
Either party may make a request that the arbitrator award legal fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the Arbitration Rules.
Arbitrator’s Decision.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.
Judgment on the arbitration award may be entered in any court with proper jurisdiction.
The arbitrator may award any relief allowed by law or the Kenya Branch of the Chartered Institute of Arbitrators Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Trial Waiver.
You and Tripitaca acknowledge and agree that we are each waiving the right to a trial as to all arbitral Disputes.
No Class Actions or Representative Proceedings.
You and Tripitaca acknowledge and agree that, to the fullest extent permitted by law that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding.
Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction.
In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Severability
Except as provided in Clause 3.15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
Changes to Agreement to Arbitrate.
If Tripitaca changes this Section 3.15 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 5 days of the date the change is effective.
Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Tripitaca (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Tripitaca.
Survival.
Except as provided in Clause 3.15.13 above, this Section will survive any termination of these Terms and will continue to apply even if you stop using the Tripitaca Platform or terminate your Tripitaca account.
Rest of World Dispute Resolution, Venue and Forum, and Governing Law.
If you reside or have your place of establishment outside of the Republic of Kenya, this Section applies to you and these Terms will be interpreted in accordance with the laws of the Republic of Kenya.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The choice of law will be guided in accordance to the consumer protection regulations of the Republic of Kenya.
If you are acting as a consumer, you agree to submit to the exclusive jurisdiction of the Republic of Kenya courts.
Legal proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in the Republic of Kenya.
If Tripitaca wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the Republic of Kenya or jurisdiction in which you are a resident.
If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Republic of Kenya courts.
Miscellaneous.
Other Terms Incorporated by Reference.
Rebooking and Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy and other supplemental policies and terms linked to these Terms apply to your use of the Tripitaca Platform, are incorporated by reference, and form part of your agreement with Tripitaca.
Interpreting these Terms.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Tripitaca and you pertaining to your access to or use of the Tripitaca Platform and supersede any and all prior oral or written understandings or agreements between Tripitaca and you.
These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Tripitaca.
If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Clause 3. 15 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
No Waiver.
Tripitaca’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us 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.
Assignment.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Tripitaca’s prior written consent. Tripitaca may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
Notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Tripitaca via email, Tripitaca Platform notification, messaging service (including SMS or any other contact method we enable and you provide.
If a notification relates to a booking or Listing, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Tripitaca’s obligations.
Third-Party Services.
The Tripitaca Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are not owned or controlled by Tripitaca and are subject to different terms and privacy practices.
Tripitaca has no control over, and assumes no responsibility for, the content, privacy policies, or practices of such Third-Party Services and links to such Third-Party Services are not an endorsement.
You further acknowledge and agree that Tripitaca shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Google Terms.
Some translations on the Tripitaca Platform are 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.
Some areas of the Tripitaca Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service
Apple Terms.
If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
Tripitaca Platform Content.
Content made available through the Tripitaca Platform may be protected by copyright, trademark, and/or other laws of the Republic of Kenya and other countries.
You acknowledge that all intellectual property rights for that Content are the exclusive property of Tripitaca and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices.
You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Tripitaca Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms.
Subject to your compliance with these Terms, Tripitaca grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to
Download and use the Application on your personal device(s); and
Access and view the Content made available on or through the Tripitaca Platform and accessible to you, solely for your personal and non-commercial use.
Force Majeure.
Tripitaca shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Force Majeure shall not include:
Any event which is caused by your negligence or intentional action nor any event which you could reasonably have been expected to both: Take into account from the effective date of these Terms of Service; and avoid or overcome in the carrying out of your obligations.
Emails and SMS.
You will receive administration communication from us using the email address or other contact information you provide for your Tripitaca account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed.
You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings.
Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Tripitaca account.
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