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Terms and Conditions

Last updated on 20/10/2020

The following policies govern the manner in which Chillspot collects, uses, maintains and discloses information collected from Users (“Client” and “Host”) of the https://chillspot.co.ke/ website (“Site”). These terms and conditions apply to the Site and all products and services offered by Chillspot.

The following Terms and Conditions should be read and understood prior to confirming your travel or uploading your listing. Do not confirm any booking or upload any listing unless you understand and agree with the following terms and conditions.

Personal identification information

We may collect personal identification information from Users in a variety of ways in connection with activities, services, features or resources we make available on our Site. Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Nonpersonal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We DO NOT sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Service Fees

These fees cover the costs incurred by Chillspot in processing your travel reservation. We reserve the right to charge an additional service fee for any additional services rendered, such as cancellation requests or changes to your booking. We also reserve the right to amend our service fee costs.

Please be advised that service fees are NON-REFUNDABLE in case of a cancellation.

Payment and Payment Terms

All payments should be made through the Site for the security and safety of all parties involved.

Payment of bookings is due immediately by Visa or MPESA, and must reflect in the bank account of Chillspot by midnight Kenyan time on the day that the Booking was made. If the Payment is not received as stated above, Chillspot RESERVES THE FULL RIGHT TO CANCEL THE BOOKING, in which event the requested Payment (less any cancellation and service fees) shall be refunded to the Client within 48 hours of the cancellation being processed.

All transactions are processed in Kenya Shillings. Chillspot shall NOT BE HELD LIABLE for any Additional Transaction or Conversion Charges levied by the applicable merchant, or bank pursuant to the confirmation of a Booking.

Cancellation

In order to be fair to all parties, Chillspot is VERY STRICT on cancellation policies. Unless in the case of events beyond control (e.g., natural disasters, pandemics), both Clients and Hosts can only cancel BEFORE A WEEK TO THE CHECK-IN DATE failure to which can result into a penalty for the Client in some cases (specified by the Host), and a risk in a penalty and account suspension for the Hosts, to avoid inconveniences for either party.

The Site has the right to penalize either party in the manner it deems fair following the breach of the laid-out policies.

Liability Disclaimer

Access to and use of the Sites are ENTIRELY AT THE CLIENT’S RISK.

Chillspot may discontinue or suspend the Site at any time without notice, and it may block, terminate or suspend any Client’s or Host’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any access is not exercised unfairly but on the basis of breach of the terms of use].

The information and services published on the Site may include inaccuracies or typographical errors. In particular, Chillspot DOES NOT GUARANTEE THE ACCURACY of the hotels displayed on the Site (including, without limitation, photographs, lists of hotel amenities, general descriptions, etc.), much of which information is provided by the respective Hosts. Chillspot DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Site are intended as only general guidelines, and Chillspot DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.

Chillspot may make improvements and/or changes on the Site at any time. The inclusion or offering for sale of any products or services on the Site DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Chillspot. For the avoidance of doubt, the services rendered by the Site do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.

Photographs

Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.

By submitting a photograph to us, the Host represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of Chillspot from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.

It is the Host’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The Host warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each Host further agrees that we may reproduce in whole or in part any photographic material supplied by such Host in the promotion of such Host’s property.

Insurance

It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment or damage to property. (Note that this is not an exhaustive list). Chillspot will NOT BE RESPONSIBLE OR LIABLE if the Client or Host fails to take adequate insurance cover. It shall not be obligatory upon Chillspot to effect insurance for the Client or Host (since this service does not fall within the scope of the Services) except upon detailed instructions given in writing by the Client or Host. All insurance effected by Chillspot pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk. Chillspot shall NOT BE OBLIGED to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client or Host will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which in Chillspot’s view may not be sufficient cover for international travel. The CLIENT OR HOST IS ADVISED to check with their respective credit card companies in order to obtain the specific details of the cover offered, and determine whether this is sufficient for their requirements.

Business Transfer

If Chillspot undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information. In this event, we will notify you before your personal information is transferred and becomes subject to different terms and conditions.

Changes to this privacy policy

Chillspot has the discretion to update this privacy policy at any time. When we do, we will revise the updated date on this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Additionally, you agree to defend and indemnify Chillspot, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of these Terms or the documents referenced herein;
  • Your violation of any law or the rights of a third party; or
  • Your use of this Site.

Contact

If you have any questions or complaints about Terms and Conditions, you may contact us through:

+254-780-138-138 or +254-780-136-136

P.O. Box 25229-00100 Nairobi, Kenya

You may also email us through info@chillspot.co.ke