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Terms and Conditions

Last updated on 30/12/2020

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 booking 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 online transactions. We reserve the right to charge an additional service fee for any additional services rendered, such as cancellation requests or changes to bookings. We also reserve the right to amend our service fee costs.

Payment and Payment Terms

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

Full payment of bookings is due immediately by Card or PayPal to reserve your booking.

All transactions are processed in USD. 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), Clients can only cancel before the deadline set by the Host, while Hosts can only cancel 72hrs before check-in, failure to which can result into a risk in a penalty and account suspension for the Hosts. Cancellations by the Host result in a full refund to the Client.

A small charge applies to cancellations by the Client.

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

Disputes & Refunds

If anything unexpected comes up during your stay, generally it’s a good idea to try resolving it with your host first. Hosts may prefer to quickly resolve any issue by fixing it, offering a partial refund, or both.

If your Host can’t or won’t help, you may be eligible for a full refund after we conduct a thorough investigation if you contact us within 24 hours of discovering the issue. If you report a Travel Issue more than 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you depending on the nature of the travel issue suffered, or (ii) use our reasonable efforts to help you find and book another accommodation for any unused nights left in your booking which is reasonably comparable to the accommodation described in your original booking in terms of size, rooms, features and quality.

Travel issues eligible for a full refund claim include;

  • No access to the listing, like if the Host provides the wrong key and can’t be reached, or if they change your reservation to another listing without your consent.
  • Space isn’t safe or clean upon arrival, including dirty linens, dangerous vermin or insects, or safety or health hazards.
  • Key amenities are missing or not working.
  • Place isn’t as it was described in the listing description, for example, the number of rooms or beds is different.
  • Misleading information on whether the accommodation is for an entire place or private room, and whether another party, including the Host, is staying at the accommodation during the booking.
  • The physical location of the accommodation.
  • Ejection from the accommodation.

Submit your claim within 24 hours if you encounter a travel issue like one of the above at any point during your trip:

  • Gather evidence: If possible, take photos or videos to document issues like safety or health hazards or inaccessible listings.
  • Contact us: Email disputes@chillspot.co.ke , message or call us within 24 hours of noticing the travel issue, and share your photos or videos.
  • Remain available: We’ll need to follow up with you to gather more information.
  • You must also not have directly or indirectly caused the travel Issue (through your action, omission or negligence).

In order to receive a reimbursement of total fees or assistance with booking an alternative accommodation, you must agree to vacate the accommodation. If you choose to stay in the accommodation, you may still qualify for only a partial refund at our discretion.

Hosts

If you are a Host, you are responsible for ensuring that the accommodations you list on the Site are accessible, adequately and accurately described in the listing description, safe and clean, and do not present a Guest with travel issues, as specified in these terms. During a Guest’s stay at an accommodation, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any travel issues or other Guest issues.

If you are a Host and Chillspot determines that a Guest has suffered an issue related to an accommodation listed by you and Chillspot either reimburses that Guest or provides an alternative accommodation to the Guest, you agree to reimburse Chillspot up to the amount paid. If the Guest is relocated to an alternative accommodation, you also agree to reimburse Chillspot for reasonable additional costs incurred to relocate the Guest. You authorize Chillspot to collect any amounts owed by reducing your Payout(s).

As a Host, you understand that the rights of Guests under this refund policy will supersede your cancellation policy. If you dispute the travel issue, you may notify us via email disputes@chillspot.co.ke , or via message or call and provide us with information (including photographs or other evidence) disputing the claims. In order to dispute an issue, you must first use reasonable and good faith efforts to try to remedy it with the Guest unless Chillspot advises you that the issue cannot be remediated or the Guest has vacated the accommodation.

After the investigation, if Chillspot rules in your favour, you the Host shall receive the initial amount agreed upon in full as stated on the invoice together with the Security deposit if an amount was set.

This refund policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract and does not take the place of insurance obtained or obtainable by the Guest or Host. The benefits provided under this refund policy are not assignable or transferable by you.

Chillspot is fully dedicated to the fight against fraud, thus strongly insisting on solving all disputes inhouse. By using this Site, all parties agree to solve their issues inhouse without third party options unless stated otherwise by Chillspot. If you choose to resort to third party options eg chargebacks to get a refund without going through the proper channels to conduct an investigation with Chillspot, your intentions shall be treated as fraudulent and you accept, by using this Site, to face legal ramifications.

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 listings displayed on the Site (including, without limitation, photographs, lists of 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. Listing 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 however shall occasionally conduct random surveys (also upon request) on guests to inquire on a listings accuracy to display a verified badge.

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:

info@chillspot.co.ke