PAYMENTS TERMS OF SERVICE
Last Updated: September 24, 2025
These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Visit Kenya that govern the Payment Services (defined below) conducted through or in connection with the Visit Kenya Platform. When these Payments Terms mention “Visit Kenya,” “we,” “us,” or “our,” it refers to Visit Kenya, a company incorporated under the laws of Kenya.
1. INTRODUCTION AND OVERVIEW
1.1 Payment Services
Visit Kenya provides payment services to Members publishing, offering and booking accommodations (including hotels, short-let rental homes and rooms), events, places of interest, restaurants, and various travel and hospitality services through the Visit Kenya Platform. These payment services are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):
Processing payments from Guests to Hosts
Collecting and remitting taxes where required by Kenyan law
Facilitating currency conversion where necessary
Managing booking modifications and cancellations
Processing refunds and damage reports
Providing payout services to Hosts
Fraud prevention and risk management
1.2 Eligibility
In order to use the Payment Services, you must:
Be at least 18 years old
Have a Visit Kenya account in good standing in accordance with the Visit Kenya Terms of Service (“Terms”)
Provide and maintain accurate and complete payment and personal information
Comply with all applicable Kenyan laws and regulations
1.3 Contracting Entity
Visit Kenya, incorporated under the laws of Kenya with its registered office at [Address to be inserted], Nairobi, Kenya, provides all Payment Services to users worldwide who use the Visit Kenya Platform.
1.4 Relationship to Visit Kenya Terms
The Visit Kenya Terms of Service separately govern your use of the Visit Kenya Platform. Capitalized terms not defined in these Payments Terms have the meaning ascribed to them in the Terms.
By using the Payment Services, you agree to comply with these Payments Terms. Visit Kenya may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services.
2. GUEST TERMS
2.1 Payment Methods
When you add a Payment Method to your Visit Kenya account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Visit Kenya or its third-party payment processor(s). You authorize Visit Kenya and its payment service providers to collect and store your Payment Method information in accordance with Visit Kenya’s Privacy Policy.
When you add or use a Payment Method, Visit Kenya may verify the Payment Method by:
Authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or
Requiring you to upload a billing statement
We may initiate refunds of verification amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Visit Kenya account for future transactions.
2.2 Payment Authorization
You authorize Visit Kenya to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Visit Kenya account, including Damage Report amounts in accordance with the Terms and with Section 6.
If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and attempt to automatically update your Payment Method on file.
2.3 Payment Timing
Visit Kenya generally charges the Total Price due after the Host accepts your booking request. However, if you pay with certain Payment Methods, Visit Kenya may collect the Total Price due at the time of your booking request or after the Host accepts your booking request.
Visit Kenya may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Visit Kenya Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option.
2.4 Currency and International Payments
The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or Visit Kenya’s operational capabilities. Any such limitations will be communicated via the Visit Kenya Platform.
Note that if your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, your Payment Method provider may impose certain fees and the amount listed on your Payment Method statement may be different from the amount shown at checkout. Visit Kenya is not responsible for any such fees imposed by your Payment Method provider.
2.5 Declined Bookings and Refunds
If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Visit Kenya cancels the booking, any amounts collected by Visit Kenya and due to you will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.
2.6 Payment Restrictions
Visit Kenya reserves the right to decline or limit payments that we believe:
May violate Visit Kenya’s risk management policies or procedures
May violate these Payments Terms or the Terms
Are unauthorized, fraudulent or illegal
Expose you, Visit Kenya, or others to unacceptable risks
2.7 Third-Party Payment Services
Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Visit Kenya is not responsible for any such fees. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.8 Payment Method Information Responsibility
Visit Kenya is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.9 Alternative Payment Options
2.9.1 Pay Part Now, Part Later
Visit Kenya may make available to Guests the option to request that a portion of the booking’s Total Price is due and payable at the time of booking and the remainder at a later time prior to check-in (“Pay Part Now, Part Later”). If you choose this option:
The Visit Kenya Platform will notify you during checkout of the amount, currency and schedule of when each portion is due
Visit Kenya credits, coupons, or gift cards will be applied first
On the relevant due date, Visit Kenya will automatically charge your original Payment Method
Failure to pay each portion by the relevant due date may result in booking cancellation
2.9.2 Reserve Now, Pay Later
Visit Kenya may make available to Guests the option to book and request that the Total Price is due and payable at a later time prior to check-in (“Reserve Now, Pay Later”). If you choose this option:
You will not be charged additional fees for using this service
The Visit Kenya Platform will notify you during checkout of when payment is due
On the relevant due date, Visit Kenya will automatically charge your original Payment Method
Failure to pay by the due date may result in booking cancellation
3. HOST TERMS
3.1 Payout Methods
In order to receive a Payout you must have a valid Payout Method linked to your Visit Kenya account. When you add a Payout Method, you may be asked to provide additional information such as:
Name and government identification
Tax identification number
Billing and residential address
Financial instrument information
Account numbers and routing information
Information required for compliance with Kenyan banking regulations
Providing requested information is required for a Payout Method to be valid. Visit Kenya may request additional information at any time; failing to provide requested information may result in Visit Kenya temporarily placing a hold, suspending, or canceling any Payout until the information is provided and validated.
3.2 Payout Timing
Subject to and conditional upon successful receipt of the payments from Guest, Visit Kenya will initiate Payouts to your selected Payout Method:
For Accommodations: by the end of the business day after the Guest’s scheduled check-in date
For Events: by the end of the business day after the event start date
For Restaurant reservations: by the end of the business day after the reservation date
For Places of Interest: at the time of the visit or as specified via the Visit Kenya Platform
For bookings of twenty-eight (28) nights or more: first payout after Guest’s check-in, then monthly thereafter
The time it takes to receive Payouts once released by Visit Kenya may depend upon the Payout Method you select and Kenyan banking processing times.
3.3 Payout Amount
Your Payout for a booking will be the Total Price less:
Applicable Visit Kenya service fees
Applicable taxes
Any amounts you agree to allocate to any co-host
Any deductions as provided in these Terms
In the event of cancellation of a confirmed booking, Visit Kenya will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.4 Payout Holds and Delays
Visit Kenya may temporarily place a hold, suspend, or cancel any Payout for purposes of:
Preventing unlawful activity or fraud
Risk assessment and security
Completing an investigation
Inability to verify your identity or obtain requested information
Compliance with Kenyan law and regulations
High volume booking cancellations or modifications arising from Force Majeure Events
3.5 Payout Currency
Visit Kenya will remit your Payouts in Kenya Shillings (KES) or other currencies as may be available based on your selected Payout Method. The currencies available may be limited for regulatory or operational reasons. Payment service providers may impose transaction, currency conversion or other fees, and Visit Kenya is not responsible for any such fees.
3.6 Payout Limitations
For compliance or operational reasons, Visit Kenya may limit the amount of a single Payout. If you are due an amount above that limit, Visit Kenya may make a series of Payouts over multiple days to provide your full Payout amount.
3.7 Third-Party Payout Services
Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts, and Visit Kenya is not responsible for any such fees. Your Payout Method may also be subject to additional terms of use from such third-party providers.
3.8 Payout Method Information Responsibility
Visit Kenya is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. APPOINTMENT AS PAYMENT COLLECTION AGENT
4.1 Host Appointment
Each Host hereby appoints Visit Kenya as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Host Agreement
Each Host agrees that:
Payment made by a Guest through Visit Kenya shall be considered the same as a payment made directly to the Host
The Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host received payment directly from the Guest
Visit Kenya may refund the Guest in accordance with the Terms
Visit Kenya’s obligation to pay the Host is subject to and conditional upon successful receipt of payments from Guest
Visit Kenya guarantees payments to Hosts only for amounts successfully received from Guests in accordance with these Payments Terms
4.3 Guest Acknowledgment
Each Guest acknowledges and agrees that Visit Kenya acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment to Visit Kenya, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Visit Kenya is responsible for remitting the funds to the Host(s) as described in these Payments Terms.
5. FEES AND COLLECTIONS
5.1 Service Fees
Visit Kenya may charge fees for use of certain Payment Services. Any applicable fees will be disclosed to you in the Terms or via the Visit Kenya Platform.
5.2 Collection Authorization
You authorize Visit Kenya to collect from you amounts due pursuant to these Payments Terms and/or the Terms by either:
Charging or debiting the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize
Withholding the amount from your future Payout
Specifically, you authorize Visit Kenya to collect from you:
Any additional amounts owed for a booking
Booking modification fees
Damage Report amounts
Service fees
Taxes as required by Kenyan law
Any other amounts as provided in the Terms
5.3 Additional Amounts
If you owe an amount at any time after a booking, such as with alternative payment charges, booking modifications, resolution center payments, or Damage Reports (“Additional Amounts”), you authorize Visit Kenya to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking. Visit Kenya will notify you in writing before any Additional Amounts are charged.
5.4 Failed Payments
If your Payment Method is expired, invalid or otherwise not able to be charged, you remain responsible for any uncollected amounts. Visit Kenya may attempt to charge alternative Payment Methods on file or pursue other collection remedies available under Kenyan law.
5.5 Fraud Recovery
If Visit Kenya has reason to believe that you as a Host participated in fraudulent activity and Visit Kenya released a payout for such activity, Visit Kenya may recover such amount by reducing, deducting or debiting the amount from any future Payouts owed to you.
5.6 Collection Efforts
If Visit Kenya is unable to collect any amounts you owe under the Terms and these Payments Terms, Visit Kenya may engage in collection efforts to recover such amounts from you, including referral to collection agencies and pursuit of legal remedies available under Kenyan law.
6. ERROR CORRECTION AND REFUNDS
6.1 Error Correction
Visit Kenya will take necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting the original Payout Method or Payment Method used so that you end up receiving or paying the correct amount.
6.2 Recovery of Erroneous Payments
To the extent you receive any funds in error, you agree to immediately return such funds to Visit Kenya. We may also take steps to recover funds sent to you in error, including by reducing or debiting the amount from any future Payouts owed to you.
6.3 Refund Processing
Any refunds or credits due to a Member pursuant to the Terms, Major Disruptive Events Policy, Rebooking and Refund Policy, will be initiated and remitted by Visit Kenya in accordance with these Payments Terms. Visit Kenya will initiate the refund process promptly, though the time it takes to receive any cash refund will vary based on the Payment Method and applicable payment system rules.
6.4 Damage Reports
If you are responsible for Damage Report amounts pursuant to the Terms, Visit Kenya may charge the Payment Method used to make the booking or any other Payment Method associated with your Visit Kenya account to collect Damage Report amounts, up to a maximum amount as defined in the Terms.
7. PROHIBITED ACTIVITIES
7.1 General Prohibitions
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
Breach or circumvent any applicable laws or regulations
Breach or circumvent any agreements with third parties
Use the Payment Services for any commercial or other purposes that are not expressly permitted
Register for multiple Visit Kenya accounts or register under a false name
Engage in money laundering, terrorist financing, or other illegal financial activities
Use stolen, fraudulent, or unauthorized payment methods
Avoid paying any fees owed to Visit Kenya
Transfer Visit Kenya accounts to third parties
7.2 Anti-Money Laundering and Sanctions
Visit Kenya is required to act in accordance with internal policies and Kenyan laws relating to the prevention of money laundering and implementation of sanctions, including those imposed by:
The Government of Kenya
The United Nations Security Council
Other international sanctions regimes as applicable under Kenyan law
You will comply with any relevant financial sanctions and export control laws applicable to you and your local jurisdiction.
8. FORCE MAJEURE
Visit Kenya shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from abnormal or unforeseeable circumstances outside the reasonable control of Visit Kenya, 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 Event”).
9. DISCLAIMERS
9.1 Service Disclaimers
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by Kenyan law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
9.2 Limited Agency
Visit Kenya explicitly disclaims all liability for any act or omission of any Member or other third party. Visit Kenya does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms.
9.3 Identity Verification
If Visit Kenya chooses to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
9.4 Statutory Rights
The foregoing disclaimers apply to the maximum extent permitted by Kenyan law. You may have other statutory rights or warranties which cannot lawfully be excluded under Kenyan consumer protection laws.
10. LIABILITY
10.1 Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by Kenyan law, the entire risk arising out of your access to and use of the Payment Services remains with you. Neither Visit Kenya nor any other party involved in creating, producing, or delivering the Payment Services 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.
10.2 Aggregate Liability
Except for Visit Kenya’s obligations to pay amounts to applicable Hosts pursuant to these Payments Terms, in no event will Visit Kenya’s aggregate liability arising out of or in connection with these Payments Terms exceed:
The amounts you have paid or owe for bookings via the Visit Kenya Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or
If you are a Host, the amounts paid by Visit Kenya to you in the twelve (12) month period prior to the event giving rise to the liability, or
KES 10,000, if no such payments have been made, whichever is greater
10.3 Kenyan Law Limitations
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Visit Kenya and you. Some provisions of Kenyan law may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you to the extent prohibited by applicable law.
11. INDEMNIFICATION
To the maximum extent permitted by Kenyan law, you agree to release, defend (at Visit Kenya’s option), indemnify, and hold Visit Kenya and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:
Your breach of these Payments Terms
Your improper use of the Payment Services
Your failure, or our failure at your direction, to accurately report, collect or remit taxes
Your breach of any Kenyan laws, regulations or third-party rights
12. MODIFICATIONS
Visit Kenya may modify these Payments Terms at any time. If we make material changes to these Payments Terms, we will post the revised Payments Terms on the Visit Kenya Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice of any material changes by email at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payments Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13. TERMINATION
13.1 Term
This agreement between you and Visit Kenya is effective when you first use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with these terms.
13.2 Termination Rights
You may terminate this agreement at any time by sending us an email or by deleting your Visit Kenya account. Visit Kenya may terminate this agreement for any reason by providing you thirty (30) days’ notice via email. Visit Kenya may also terminate this agreement immediately without notice if:
You have materially breached your obligations under this agreement
You have provided inaccurate, fraudulent, outdated, or incomplete information
You have violated applicable Kenyan laws, regulations, or third-party rights
Visit Kenya believes in good faith that such action is reasonably necessary to protect other Members, Visit Kenya, or third parties
13.3 Suspension and Limitations
Visit Kenya may limit or temporarily or permanently suspend your use of or access to the Payment Services:
To comply with applicable Kenyan law, or the order or request of a court, law enforcement, or other administrative agency or governmental body
If you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights
If you have provided inaccurate, fraudulent, outdated, or incomplete information
For any amounts you owe that are overdue or in default
If Visit Kenya believes in good faith that such action is reasonably necessary to protect the personal safety or property of Visit Kenya, its Members, or third parties, or to prevent fraud or other illegal activity
13.4 Effect of Termination
If you cancel your Visit Kenya account as a Host, Visit Kenya may provide a full refund to any Guests with confirmed bookings, and you will not be entitled to any compensation. If you cancel your Visit Kenya account as a Guest, Visit Kenya will initiate a refund for any confirmed bookings based on the Listing’s cancellation policy.
14. GOVERNING LAW AND JURISDICTION
14.1 Governing Law
These Payments Terms will be interpreted in accordance with the laws of Kenya, without regard to conflict-of-law provisions.
14.2 Jurisdiction
Any legal proceedings arising from or in connection with these Payments Terms must be brought in the courts of Kenya. You and Visit Kenya both consent to the exclusive jurisdiction of the Kenyan courts for the resolution of any disputes arising under these Payments Terms.
14.3 Alternative Dispute Resolution
Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations. If such negotiations fail, the parties may pursue alternative dispute resolution mechanisms available under Kenyan law, including mediation through the Centre for Alternative Dispute Resolution or other recognized mediation services in Kenya.
15. GENERAL PROVISIONS
15.1 Entire Agreement
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Visit Kenya and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Visit Kenya and you regarding the Payment Services.
15.2 Severability
If any provision of these Payments Terms is held to be invalid or unenforceable under Kenyan law, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.3 No Waiver
Visit Kenya’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
15.4 Assignment
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Visit Kenya’s prior written consent. Visit Kenya may assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
15.5 Communications
Unless specified otherwise, any notices or other communications permitted or required under this agreement will be in writing and given by Visit Kenya via email or Visit Kenya Platform notification, and depending on your notification setting, messaging service (including SMS). The date of receipt will be deemed the date on which Visit Kenya transmits the notice.
15.6 Third-Party Services
The Visit Kenya Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Visit Kenya is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
15.7 Currency
All monetary amounts referenced in these Payments Terms are in Kenya Shillings (KES) unless otherwise specified.
16. CONTACT INFORMATION
If you have any questions about these Payments Terms, please contact us at:
Visit Kenya
Email: payments@visitkenya.digital
Website: https://visitkenya.digital/
Address: 1025, Bruce House, Standard Street, Nairobi, Kenya
Phone: +254779642009
17. BUSINESS TERMS
The following paragraphs apply if you are using the Payment Services as a representative (“Representative”) acting on behalf of a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
17.1 Representative Authority
You accept these Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf. You and your Representative individually affirm that you are authorized to provide the required information and your Representative has the authority to bind you to these Payments Terms.
17.2 Business Representations
You represent and warrant to us that:
You are duly organized, validly existing and in good standing under the laws of Kenya or other applicable jurisdiction
You have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement
17.3 Employee Bookings
If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with business travel, you authorize Visit Kenya to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
17.4 Data Security Compliance
If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under Kenyan law and international payment card industry standards.
These Payments Terms of Service are effective as of the date last updated above and govern your use of the Visit Kenya Payment Services.