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TERMS & CONDITIONS AGREEMENT FOR LISTING ON BOOK MAHALI
This Agreement is made between:
The Host (hereinafter referred to as the "Host"), located in Kenya.
Book Mahali (hereinafter referred to as the "Platform"), an online venue booking platform owned
and operated by Mahali Rentals Limited, facilitating space rentals for rental & creative use.
1. Scope of Agreement
The Host agrees to list its space on the Platform, allowing users to discover and book sessions at the
agreed-upon rates.
2. Host's Rights and Responsibilities
Control Over Pricing and Availability: The Host retains full control over their pricing, availability,
and any modifications to rates. Any changes to pricing shall not affect bookings already confirmed
before the modification.
Modification of Listings: The Host may update listing details, including amenities, house rules,
and images, at any time. However, major changes affecting the booking terms (such as price
increases) should be communicated clearly to avoid disputes.
Right to Decline Users: The Host reserves the right to decline any booking request based on
prior misconduct, violation of house rules, or failure to comply with platform guidelines.
Listing Exclusivity: The Host is not required to list their space exclusively on Book Mahali and
may use other platforms unless otherwise agreed in writing.
3. Booking & Payments
The Host retains the right to approve or decline bookings.
Payments shall be processed through Book Mahali’s designated payment system. If a delay
exceeds three (3) business days, the Host may request written justification from the Platform.
The Host must provide their payment details when the booking is confirmed.
Upon receiving payment from the User, 50% of the booking fee shall be paid to the Host.
The remaining 50% balance shall be paid out to the Host 24 hours after the booking is completed.
The Host agrees to honor confirmed bookings and provide space access as listed.
The Platform shall be responsible for providing eTIMS-compliant invoices where applicable.
Chargebacks & Disputes: If a User initiates a chargeback on a booking, Book Mahali shall notify
the Host immediately. The Host shall have the right to provide evidence (such as check-in
records, communication logs, or service confirmation) to dispute the chargeback.
4. Platform Fees
Book Mahali may charge a service fee of 3% for facilitating bookings, which shall be subject to change
with at least 60 days communication in advance.
5. Communication
Prompt Response: Respond promptly to User inquiries about your Space or Service, typically
within 4-12 hours during business operating hours.
Booking Confirmation: Confirm Bookings clearly and promptly after receiving a request.
Availability: Be readily available to answer User questions or address any concerns throughout
the Booking period.
6. Marketing and Promotion
Listing Optimization: Book Mahali may offer tools and resources to help you optimize your
Listings for better visibility on the Platform.
Promotional Activities: You may choose to participate in Book Mahali-organized promotional
activities to showcase your Space or Service to a wider audience. Book Mahali will provide clear
guidelines and terms for such promotions.
Photography and Videography: Obtain User permission before taking photos or videos of them
at your Space. Specify your rights to use such photos or videos for promotional purposes.
7. Cancellation and No-Show Policies
The cancellation policy shall be as per the Host's specified cancellation terms. The Host must
clearly state their cancellation and refund policy on their listing to avoid disputes.
Hosts may cancel bookings up until 30 Days before the arrival date. Cancellations done by the
host. Cancellations made by the Host within 29 days to 1 day of the booking date are only
permitted due to emergencies, force majeure, or health and safety concerns. The Host shall notify
the User and the Platform as soon as possible.
User No-Shows: If a User fails to show up for a booking without prior notice, the Host is entitled to
retain up to 90% of the booking fee.
8. Term & Termination
This Agreement is valid from the date of signing and shall continue until terminated by either party
with a 30-day written notice.
The Platform reserves the right to remove the Host’s listing for non-compliance with the agreed
terms.
9. Liability & Compliance
The Platform acts solely as a booking intermediary and is not liable for service quality, disputes,
or damages arising from bookings.
The Host is fully responsible for any damages to their property caused during bookings. Book
Mahali holds no liability for any damages or losses incurred.
The Host shall not be held liable for any loss, damage, or injury suffered by Users while on the
premises unless such damage arises from gross negligence or intentional misconduct by the
Host.
The Host is responsible for ensuring its operations comply with the Laws of Kenya, including but
not limited to business licensing, taxation, and data protection laws.
Book Mahali shall be responsible for providing eTIMS-compliant invoices where applicable.
10. Data Protection & Privacy
Book Mahali is committed to complying with Kenya's Data Protection Act and ensuring the privacy
of Hosts and Users.
The Platform shall collect, store, and process personal data only for the purpose of facilitating
bookings and improving platform services.
Book Mahali shall not share personal data with third parties without consent unless required by
law.
The Host agrees to handle guest information in compliance with data protection regulations and
not misuse any personal data obtained through the Platform.
11. Maintenance and Operational Issues
Emergency Situations: In cases of unforeseen disruptions (e.g., power failures, plumbing issues,
or safety hazards), the Host may cancel or reschedule bookings without penalties. The Host shall
make reasonable efforts to notify the User of such disruptions in advance.
Damage to Property: The Host may require Users to cover costs for any damage caused to the
property during their stay. The Platform shall facilitate communication between the Host and User
for resolution, but it shall not be responsible for enforcing damage claims.
12. Reviews and Ratings
Disputing False Reviews: The Host has the right to challenge false, misleading, or defamatory
reviews. The Platform shall provide a process for the Host to submit disputes and request review
removal where justified.
Review Response Rights: The Host shall have the ability to respond to reviews in a professional
manner, addressing any concerns raised by Users.
13. Dispute Resolution
Any disputes arising under this Agreement shall first be resolved amicably between the parties.
If no resolution is reached, the dispute shall be referred to arbitration in Nairobi in accordance
with the Arbitration Act of Kenya or any applicable Kenyan laws.
14. Amendment
Book Mahali may amend these Terms at any time by posting the amended Terms on the Platform.
Your continued use of the Platform or Services after the amended Terms are posted constitutes
your agreement to the amended Terms.
Contact Us
If you have any questions about these Terms, please contact Book Mahali at contact@bookmahali.co.ke