Terms

Last Updated: February 10, 2022

Thank you for using Airbnb Plug!

These Terms of Service (“Terms”) are a binding legal agreement between you and Coachify Enterprise Ltd that govern your right to use the websites, applications, and other offerings from Airbnb Plug (collectively, the “Airbnb Plug Platform”). When used in these Terms, “Airbnb Plug ” “we,” “us,” or “our” refers to Coachify Enterprise Ltd entity set out  with whom you are contracting.

A1. Definitions

  1. Some of the words you’ll see have very specific meanings, so check out the “airbnbplug.co.ke dictionary” at the end of these Terms.

A2. About these terms

  1. When you complete your Booking, you accept these Terms and any other ones that you’re provided with during the booking process.
  2. If anything in these Terms is (or becomes) invalid or unenforceable:
  • it will still be enforced to the fullest extent permitted by law
  • you will still be bound by everything else in the Terms.
  1. These Terms are laid out like this:
  • Section A: General terms for all types of Travel Experiences.
  • Sections B to F: Specific terms for just one type of Travel Experience:
    • Section B: Accommodations
  • If there’s any discrepancy between general and specific terms, the specific terms will apply.
  1. The English version of these Terms is the original. If there’s any dispute about the Terms or any discrepancy between the Terms in English and another language, the Terms as they appear in English will apply.

A3. About Airbnb Plug

  1. When you book an accommodation and or short stays, airbnbplug.co.ke provides and is responsible for the Platform, but not the Travel Experience itself (see A4.4 below).
  2. We work with companies that provide local support services (e.g. Customer Support or account management). They don’t:
  • control or manage our Platform
  • have their own Platform
  • have any legal or contractual relationship with you
  • provide Travel Experiences
  • represent us, enter into contracts, or accept legal documents in our name
  • operate as our “process or service agents.”

A4. Our Platform

  1. We take reasonable care in providing our Platform, but we can’t guarantee that everything on it is accurate (we get information from the Service Providers). To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information, though we will do everything we can to correct/fix them as soon as we can.
  2. Our Platform is not a recommendation or endorsement of any Service Provider or its products, services, facilities, etc.
  3. We’re not a party to the terms between you and the Service Provider. The Service Provider is solely responsible for the Travel Experience.
  4. To make a Booking, you may need to create an Account. Make sure all your info (including payment and contact details) is correct and up to date, or you might not be able to access your Travel Experience(s). You’re responsible for anything that happens with your Account, so don’t let anyone else use it and keep your username and password secret.
  5. We’ll show you the offers that are available to you, in (what we think is) the right language for you. You can change to another language whenever you like.
  6. Unless otherwise indicated, you need to be at least 18 to use the Platform.

A5. Our values

  1. You will:
  • abide by Our values
  • comply with all applicable laws
  • cooperate with any anti-fraud/anti-money laundering checks we need to carry out
  • not use the Platform to cause a nuisance or make fake Bookings
  • use the Travel Experience and/or Platform for their intended purpose
  • not cause any nuisance or damage, and not behave inappropriately to the Service Provider’s personnel (or anyone else, for that matter).

A6. Prices

  1. When you make a Booking, you agree to pay the cost of the Travel Experience, including any taxes and charges that may apply.
  2. Some of the prices you see may have been rounded to the nearest whole number. The price you pay will be based on the original, “non-rounded” price (although the actual difference will be tiny anyway).
  3. Obvious errors and misprints are not binding. For example, if you book a premium apartment or a night in a luxury suite that was mistakenly offered for Ksh100, we may simply cancel that Booking and refund anything you’ve paid.
  4. A crossed-out price indicates the price of a like-for-like Booking without the price reduction applied (“like-for-like” means same dates, same policies, same quality of accommodation etc.).

A7. Payment

  1. For some products/services, the Service Provider will require an Upfront Payment and/or a payment taken during your Travel Experience.
  • If we organize your payment, we (or in some cases our affiliate in the country your payment originates from) will be responsible for managing your payment and ensuring the completion of your transaction with our Service Provider. In this case, your payment constitutes final settlement of the “due and payable” price.
  • If the Service Provider charges you, this will usually be in person at the start of your Travel Experience, but it could also be (for example) that your credit card is charged when you book, or that you pay when you check out of your Accommodation. This depends on the Upfront Payment policy of the Service Provider as communicated to you in the booking process.
  1. If the Service Provider requires an Upfront Payment, it may be taken or pre-authorized when you make your Booking, and it may be non-refundable. Before you book, check the Service Provider’s Upfront Payments policy (available during the booking process), which we don’t influence and aren’t responsible for.
  2. If you know of or suspect any fraud or unauthorized use of your Payment Method, contact your payment provider, who may cover any resulting charges, possibly for a fee.
  3. We’ll store your Payment Method details for future transactions after collecting your consent.

A8. Policies

  1. When you make a Booking, you accept the applicable policies as displayed in the booking process. You’ll find each Service Provider’s cancellation policy and any other policies (e.g. age requirements, security/damage deposits, additional supplements for group Bookings, extra beds, breakfast, pets, cards accepted, etc.) on our Platform, on the Service Provider information pages, during the booking process, in the fine print, and/or in the confirmation email or ticket (if applicable).
  2. If you cancel a Booking or don’t show up, any cancellation/no-show fee or refund will depend on the Service Provider’s cancellation/no-show policy.
  3. Some Bookings can’t be canceled for free, while others can only be canceled for free before a deadline.
  4. If you book a stay by paying in advance (including all price components and/or a damage deposit if applicable), the Service Provider may cancel the Booking without notice if they can’t collect the balance on the date specified. If they do, any non-refundable payment you’ve made will only be refunded at their discretion. It’s your responsibility to make sure the payment goes through on time, that your bank, debit card, or credit card details are correct, and that there’s enough money available in your account.
  5. If you think you won’t arrive on time, contact your Service Provider and tell them when they can expect you so they don’t cancel your Booking. If you’re late, we are not liable for the consequences (e.g. the cancellation of your Booking or any fees the Service Provider may charge).
  6. As the person making the Booking, you are responsible for the actions and behavior (in relation to the Travel Experience) of everyone in the group. You’re also responsible for obtaining their permission before providing us with their personal data.

A9. Privacy and cookies

  1. If you book an accommodation, flight, or attraction, read our Privacy and Cookie Notice for more info on privacy, cookies, and how we might contact you and process personal data

A10. Accessibility requests

  1. If you have any accessibility requests:
  • about our Platform and/or services, contact our Customer Service team
  • about your Travel Experience (wheelchair access, walk-in baths, etc.), contact your Service Provider or the airport, train station, etc.

A11. Intellectual property rights

  1. Unless otherwise stated, all rights in our Platform (technology, content, trademarks, look and feel, etc.) are owned by airbnbplug.co.ke (or its licensors), and by using our Platform, you agree to do so for its intended purpose only and to respect the conditions set out.
  2. You’re not allowed to monitor, copy, scrape/crawl, download, reproduce, or otherwise use anything on our Platform for any commercial purpose without written permission of airbnbplug.co.ke or its licensors.
  3. We keep a close eye on every visit to our Platform, and we’ll block anyone (and any automated system) we suspect of:
  • conducting an unreasonable amount of searches
  • using any device or software to gather prices or other information
  • doing anything that places undue stress on our Platform.
  1. By uploading any picture to our Platform (e.g. for a review), you’re confirming that it complies with our criteria and that:
  • it’s truthful (e.g. you haven’t altered the picture or uploaded one of a different property)
  • it doesn’t contain any viruses
  • you’re allowed to share it with us
  • we’re allowed to use it on our platform and in relation to further commercial purposes (including in a promotional context), everywhere, forever. (If you let us know we can no longer use it, we’ll consider any such reasonable request)
  • it doesn’t infringe the privacy rights of other people
  • you accept full responsibility for any legal claims against Booking.com related to it.
  1. Just to be clear, we’re not responsible or liable for any picture uploaded to our Platform, and we’re allowed to remove any picture at our discretion (e.g. if a picture does not meet the above criteria).

A12. What if something goes wrong?

  1. If you have a question or complaint, contact our Customer Service team. You can do so by accessing your Booking through our app or through our Help Center (where you’ll also find some useful FAQs). You can help us help you as quickly as possible by providing:
  • your Booking confirmation number, your contact details, your PIN (if you have one), and the email address you used when booking
  • a summary of the issue, including how you’d like us to help you
  • any supporting documents (e.g. bank statement, pictures, receipts, etc.)
  1. All questions and complaints are recorded, and the most urgent ones are treated as highest priority.

A13. Communication with the Service Provider

  1. We may help you communicate with your Service Provider, but we can’t guarantee that they’ll read anything from you or that they’ll do what you ask. In itself, the fact that you contact them or that they contact you doesn’t mean you have any grounds for legal action.

A14. Measures against unacceptable behavior

  1. We have the right to stop you from making any Bookings, to cancel any Bookings you’ve made, and/or to stop you from using our Platform, our Customer Service, and/or your Account. Of course, we’ll only do this if in our opinion there’s a good reason to, such as:
  • fraud or abuse
  • non-compliance with Our values or with applicable laws or regulations
  • inappropriate or unlawful behavior (e.g. violence, threats, invasion of privacy) in relation to us, any of the companies we work with – or anyone else, for that matter.
  1. If we cancel a Booking as a result, you won’t be entitled to a refund. We may tell you why we canceled your Booking, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we incorrectly canceled your Booking, contact our Customer Service team.

A15. Limitation of liability

  1. To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won’t be liable for any:
  • indirect loss or indirect damage
  • inaccurate information about a Service Provider
  • product, service, or action of a Service Provider or other business partner
  • mistake in an email address, phone number, or credit card number (unless it’s our fault)
  • force majeure or event beyond our control.
  1. If you breach these Terms and/or the Service Provider’s terms, to the extent permitted by law:
  • we won’t be liable for any costs you incur as a result, and
  • you won’t be entitled to any refund.
  1. To the extent permitted by law, the most that we or any Service Provider will be liable for (whether for one or a series of connected events) is the cost of your Booking, as set out in your confirmation email.
  2. Nothing in these terms will limit our (or the Service Provider’s) liability in respect of our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation.
  3. We don’t make any promises about Service Providers’ products and services apart from what we expressly state in these Terms. Making the right choice(s) is entirely your responsibility.
  4. Just to be clear, nothing in these Terms will entitle any third party other than the Service Provider to anything.
  5. You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company’s terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.
  6. Accommodations

B1. Scope of this section

  1. This section contains the specific terms for Accommodations products and services.

B2. Contractual relationship

  1. When you make a Booking, it’s directly with the Service Provider. We’re not a “contractual party” to your Booking.
  2. Coachify Enterprise Ltd owns and operates the Platform.
  3. Our Platform only shows Accommodations that have a commercial relationship with us, and it doesn’t necessarily show all their products or services.
  4. Information about Service Providers (e.g. facilities, house rules, sustainability measures) and their Travel Experiences (e.g. prices, availability, and cancellation policies) is based on what they provide to us. They’re responsible for making sure it’s accurate and up to date.

B3. What we will do

  1. We provide the Platform on which Service Providers can promote and sell their Accommodations, and you can search for, compare, and book them.
  2. Once you’ve booked your Accommodation, we will provide you and the Service Provider with details of your Booking, including the names of the guest(s).
  3. Depending on the terms of your Booking, we may be able to help you change or cancel it if you want.

B4. What you need to do

  1. Fill in all your contact details correctly, so we and/or the Service Provider can provide you with info about your Booking and, if necessary, contact you.
  2. Read these Terms and the terms displayed during the booking process carefully.
  3. Take care of the Accommodation and its furniture, fixtures, electronics, and other contents, and leave things in the same state they were in when you got there. If anything is broken, damaged, or lost, make sure you report it to the staff there as soon as you can, before you check out.
  4. Maintain the security of the Accommodation and its contents during your stay. So, for example, don’t leave doors or windows unlocked.

B5. Price and payment

  1. See “Prices” (A6) and “Payment” (A7) above.

B6. Amendments, cancellations, and refunds

  1. See “Policies” (A8) above.

B7. What else do you need to know?

 Damage policy

When you’re booking, you may see that some Service Providers refer to a “damage policy.” This means that if anyone in your group loses or damages anything:

  • you should inform the Service Provider
  • instead of charging you for it directly, the Service Provider will have 14 days to submit a damage payment request through our Platform, under your reservation number
  • if they do, we’ll tell you, then you can tell us if you have any comments and whether you agree with the charge – then:
    • if you agree, we’ll charge you on their behalf
    • if you disagree, we’ll look into it and decide whether or not to discuss it further*.
  1. There’s a limit (displayed while you’re booking) to how much the Service Provider can charge you under the damage policy through our Platform.
  2. Any payment you make would be between the Service Provider and you. We’d just be organizing it on the Service Provider’s behalf.
  3. The damage policy doesn’t relate to general cleaning, ordinary wear and tear, any crimes (such as theft), or any non-physical “damages” (e.g. fines for smoking or bringing pets).
  4. The Service Provider might require a “damage deposit” before or at check-in. If they do, we’ll tell you about it while you’re booking – but it has nothing to do with the “damage policy.” We won’t be involved in any financial settlement related to damage deposits.

* If there’s any damage, the Service Provider can always decide to initiate a (legal) claim against you outside of the damage policy, in which case the limit (see 5 above) wouldn’t apply.

Airbnb Plug dictionary

“Account” means an account (with airbnbplug.co.ke), through which you can book stays on our Platform.

“Accommodation” means the provision of an accommodation service by a Service Provider (throughout Section B, “Service Provider” means the provider of the accommodation service).

“Attraction” means the provision of an Attraction service by a Service Provider (throughout Section C, “Service Provider” means the provider of the Attraction service).

“Attraction service(s)” includes, but is not limited to, tours, museums, attractions, activities, and experiences.

“Booking” means the booking of a Travel Experience on our Platform, whether you pay for it now or later.

“airbnbplug.co.ke “us,” “we,” or “our” means Coachify Enterprise Ltd

“Pay In Your Own Currency” means the payment option that we sometimes offer when a Service Provider doesn’t use your currency. This option lets you pay in your currency instead.

“Payment Method” means the method (e.g. Mobile Money, credit card, debit card, bank account, PayPal etc.) used to make a payment or transfer money.

 “Platform” means the website/app on which you can book Travel Experiences, whether owned or managed by airbnbplug.co.ke or by a third-party affiliate.

“Service Provider” means the provider of a travel-related product or service on the Platform, including but not limited to the owner of a hotel or other property (for an “accommodation” Booking).

“Terms” means these terms of service.

“Third-Party Aggregator” means a company that acts as either (a) an intermediary between you and the Service Provider or (b) a reseller of the Travel Experience.

 “Travel Experience” means one of the travel-related products or services on the Platform.

“Upfront Payment” means a payment that you make when you book a product or service, rather than when you actually use it.

“Wallet” means a dashboard in your Account that shows your Rewards, Credits, and other incentives.

We’ll update these terms of service on a regular basis (once or twice per year)

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