Terms of Service
Last Updated: September 21, 2025
Thank you for using Visit Kenya!
The documents referred to within these Terms include but are not limited to our:
Payments Terms of Service, which govern any payment services provided to Members by the Visit Kenya payment entities (such entities, collectively, “Visit Kenya Payments“).
Privacy Policy, which describes our collection and use of personal data.
Host Privacy Standards, which specify how Hosts should handle Guest Personal Information.
Cancellation Policies for Homes, that explain the cancellation policies that may apply to a listing. The Host’s cancellation policy applicable to each reservation is displayed on the Listing page before booking.
For convenience, we have set out above several terms and policies that are referred to in these Terms. However, it is important that you note that there are other supplemental policies and terms which apply to your use of the Visit Kenya Platform, and are incorporated by reference, and form part of the binding legal agreement between you and Visit Kenya. Your use of the Visit Kenya Platform is also subject to the Privacy Policy.
INTRODUCTION
These Terms of Service (“Terms”) are a binding legal agreement between you and Visit Kenya that govern your right to use the website visitkenya.digital, mobile applications, and other offerings from Visit Kenya (collectively, the “Visit Kenya Platform”). When used in these Terms, “Visit Kenya,” “we,” “us,” or “our” refers to Visit Kenya, a company incorporated under the laws of Kenya.
The Visit Kenya Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests” or “Users.” Hosts offer accommodations including hotels, short-let rental homes and rooms (“Accommodations”), events, places of interest, restaurants, and various travel and hospitality services (collectively, “Host Services,” and each Host Service offering, a “Listing”). As the provider of the Visit Kenya Platform, Visit Kenya does not own, control, offer or manage any Listings or Host Services. Visit Kenya is not a party to the contracts entered into directly between Hosts and Guests, nor is Visit Kenya a travel agency or insurer. Visit Kenya is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms. To learn more about Visit Kenya’s role see Section 15.
1. SEARCHING AND BOOKING ON VISIT KENYA
1.1 Searching for Host Services
You can search for Host Services by using criteria like the type of Host Service, location, dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous bookings, Host requirements, and more.
1.2 Booking and Payment
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Visit Kenya’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us.
1.3 Formation of Reservation Contract
When you receive the booking confirmation, a contract for Host Services (a “Reservation”) is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation.
1.4 Accommodation Reservations
An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable Kenyan law. If you stay past checkout, the Host has the right to make you leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties.
1.5 Event, Restaurant, and Place of Interest Reservations
A reservation for events, restaurants, or places of interest entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service.
2. CANCELLATIONS, RESERVATION ISSUES, REFUNDS AND BOOKING MODIFICATIONS
2.1 Cancellations and Refunds
In general, if you cancel a Reservation, the amount refunded to you is determined by the Host’s cancellation policy that applies to that Reservation. However, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Major Disruptive Events Policy.
2.2 Host Cancellations
If the Host cancels, or you experience a Reservation Issue, you may be eligible for rebooking assistance or a partial or full refund under our Rebooking and Refund Policy.
2.3 Booking Modifications
Guests and Hosts are responsible for any booking modifications they agree to make via the Visit Kenya Platform or direct Visit Kenya customer service to make on their behalf (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
3. YOUR RESPONSIBILITIES AND ASSUMPTION OF RISK
3.1 Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, common areas, or any Host Service. For example, this means: (i) you are responsible for leaving an Accommodation in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Request amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable Kenyan laws at all times.
3.2 Minors
If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host. If you are booking for a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
3.3 Assumption of Risk
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable Kenyan law, you assume the entire risk arising out of your access to and use of the Visit Kenya Platform and any Content, including your stay at any Accommodation, participation in any event, use of any other Host Service, or any other interaction you have with other Members whether in person or online.
4. HOSTING ON VISIT KENYA
4.1 Hosting Services
As a Host, Visit Kenya offers you the right to use the Visit Kenya Platform in accordance with these Terms to share your Accommodation, event, restaurant, place of interest, or other Host Service with our community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
4.2 Host Contracts
When you accept a booking request, or receive a booking confirmation through the Visit Kenya Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Visit Kenya’s service fee and applicable taxes for each booking.
4.3 Independent Contractor Relationship
Your relationship with Visit Kenya is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Visit Kenya, except that Visit Kenya Payments acts as a payment collection agent as described in the Payment Terms. Visit Kenya does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
5. LISTING STANDARDS AND HOST OBLIGATIONS
5.1 Listing Information
The Visit Kenya Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price (including any additional charges), and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information and content up-to-date and accurate at all times.
5.2 Legal Compliance
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services under Kenyan law. This includes but is not limited to:
Tourism licensing requirements
Food safety regulations for restaurants
Building and safety codes for accommodations
Tax obligations
Employment law compliance
Consumer protection laws
Data protection requirements
5.3 Search Ranking
The ranking of Listings in search results on the Visit Kenya Platform depends on various factors, including:
Guest search parameters (location, dates, number of guests, etc.)
Listing characteristics (price, listing type, etc.)
Guest preferences and booking history
Host requirements (e.g. minimum or maximum nights)
Listing quality and engagement
Host performance metrics
Reviews and ratings
5.4 Host Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You must describe any and all additional fees and charges in your Listing description. You may not collect any fees or charges outside the Visit Kenya Platform except as expressly authorized by our Offline Fee Policy.
6. CANCELLATIONS, RESERVATION ISSUES, AND BOOKING MODIFICATIONS (HOST PERSPECTIVE)
6.1 Host Cancellations
In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a Host, you should not cancel on a Guest without a valid reason under our Major Disruptive Events Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences.
6.2 Refunds and Payouts
If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Visit Kenya exceeds your payout, Visit Kenya may recover that amount from you, including by deducting the refund against your future payouts.
7. TAXES
7.1 Host Tax Obligations
As a Host, you are responsible for determining and fulfilling your obligations under applicable Kenyan laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, tourism taxes, income, or other taxes (“Taxes”).
7.2 Tax Collection by Visit Kenya
In jurisdictions where Visit Kenya facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Visit Kenya to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority, including the Kenya Revenue Authority (KRA).
7.3 Tax Documentation
In certain circumstances, Kenyan tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you. If you fail to provide us with sufficient documentation, we may withhold payouts up to the amount required by law, until sufficient documentation is provided.
8. REVIEWS
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable Kenyan law, or our Content Policy or Review Policy. Reviews are not verified by Visit Kenya for accuracy and may be incorrect or misleading.
9. CONTENT
9.1 Content License
Parts of the Visit Kenya Platform enable you to provide, share, or communicate feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, you grant Visit Kenya a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit such Content to provide and/or promote the Visit Kenya Platform.
9.2 Content Responsibility
You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Visit Kenya the rights described in these Terms. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content.
10. FEES
Visit Kenya may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Visit Kenya Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests before making a booking. Except as otherwise provided on the Visit Kenya Platform, service fees are non-refundable.
11. VISIT KENYA PLATFORM RULES
You must follow these rules and must not help or induce others to break or circumvent these rules:
11.1 Prohibited Activities
Act with integrity and treat others with respect
Do not breach or circumvent laws, regulations, these Terms, or our Policies
Do not use our Platform to harm others or Visit Kenya
Do not lie, mislead, defame or libel others
Do not scrape, hack, reverse engineer, compromise or impair our Platform
Do not spam, solicit, or contact Members to provide services outside our Platform
Do not use our Platform if you are not able to form legally binding contracts
Do not use our Platform for any commercial or other purposes that are not expressly permitted
11.2 Quality Standards
Only provide accurate, relevant, and current information
Only post information that relates to your Host Service
Maintain reasonable standards of quality for your Host Service
Do not make false claims about your Host Service
12. REPORTING VIOLATIONS
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local Kenyan authorities before contacting Visit Kenya. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Visit Kenya.
13. TERMINATION, SUSPENSION AND OTHER MEASURES
13.1 Term
The agreement between you and Visit Kenya reflected by these Terms is effective when you access the Visit Kenya Platform and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination
You may terminate this agreement at any time by sending us an email or by deleting your account. Visit Kenya may terminate this agreement and your account for any reason by providing you 30 days’ notice via email. Visit Kenya may also terminate this agreement immediately and without notice if you breach these Terms, violate applicable laws, or we reasonably believe termination is necessary to protect Visit Kenya, its Members, or third parties.
13.3 Member Violations
If you breach these Terms, our Policies, or our Standards, violate applicable laws, regulations, or third-party rights, or Visit Kenya believes it is reasonably necessary to protect Visit Kenya, its Members, or third parties; Visit Kenya may, with or without prior notice:
Suspend or limit your access to or use of the Visit Kenya Platform and/or your account
Suspend or remove Listings or other Content
Cancel pending or confirmed bookings
Suspend or revoke any special status associated with your account
Take legal action, including referral to law enforcement
13.4 Effect of Termination
If you are a Host and terminate your Visit Kenya account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy.
14. MODIFICATION OF THESE TERMS
Visit Kenya may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Visit Kenya Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective.
15. RESOLVING COMPLAINTS AND DAMAGE REPORTS
15.1 Damage Reports
If a Member provides valid evidence that you, your guest(s), or your pet(s) have damaged property, caused loss of booking income, or otherwise caused cleaning costs in excess of normal fees (a “Damage Report”), the complaining Member can notify Visit Kenya and seek compensation through our Resolution Center.
15.2 Resolution Process
You will be notified of the Damage Report and given an opportunity to respond. If you agree to pay, or if the Damage Report is escalated to Visit Kenya and Visit Kenya determines that the Damage Report is valid and you are responsible, Visit Kenya may collect the amount of the Damage Report from you.
16. VISIT KENYA’S ROLE
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Visit Kenya, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Visit Kenya has the right, but does not have any obligation, to monitor the use of the Visit Kenya Platform and verify information provided by our Members.
17. MEMBER ACCOUNTS
You must register an account to access and use many features of the Visit Kenya Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not barred from using the Visit Kenya Platform under the laws of Kenya. You must provide accurate, current, and complete information during registration and keep your account information up-to-date.
18. DISCLAIMERS
The Visit Kenya Platform and all Content are provided “as is” without warranty of any kind and Visit Kenya disclaims all warranties, whether express or implied, to the maximum extent permitted by Kenyan law. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Visit Kenya Platform.
19. LIABILITY
19.1 Limitation of Liability
To the maximum extent permitted by Kenyan law, neither Visit Kenya nor any other party involved in creating, producing, or delivering the Visit Kenya Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, or any damages for personal or bodily injury or emotional distress.
19.2 Aggregate Liability
Except for our obligation to transmit payments to Hosts under these Terms, in no event will Visit Kenya’s aggregate liability for any claim or dispute arising out of or in connection with these Terms exceed the amount you paid to or received from Visit Kenya in the 12-month period prior to the event giving rise to the liability, or KES 10,000, whichever is greater.
20. INDEMNIFICATION
To the maximum extent permitted by Kenyan law, you agree to release, defend, indemnify, and hold Visit Kenya 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: (i) your breach of these Terms, (ii) your improper use of the Visit Kenya Platform, (iii) your interaction with any Member, or (iv) your breach of any Kenyan laws, regulations or third party rights.
21. CONTRACTING ENTITIES
Your contractual relationship under these Terms is with Visit Kenya, a company incorporated under the laws of Kenya with its registered office at [Address to be inserted], Nairobi, Kenya.
22. GOVERNING LAW AND JURISDICTION
22.1 Governing Law
These Terms will be interpreted in accordance with the laws of Kenya, without regard to conflict-of-law provisions.
22.2 Jurisdiction
Any legal proceedings arising from or in connection with these 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 Terms.
22.3 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.
23. GENERAL PROVISIONS
23.1 Entire Agreement
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Visit Kenya and you pertaining to your access to or use of the Visit Kenya Platform.
23.2 Severability
If any provision of these 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.
23.3 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 hereunder, at its sole discretion, with 30 days’ prior notice.
23.4 Communications
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement will be provided electronically and given by Visit Kenya via email, Visit Kenya Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
23.5 Third-Party Services
The Visit Kenya Platform may contain links to third-party websites, applications, services or resources that are subject to different terms and privacy practices. Visit Kenya is not responsible or liable for any aspect of such third-party services.
23.6 Force Majeure
Visit Kenya shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, 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.
23.7 Contact Information
If you have any questions about these Terms, please contact us at:
Visit Kenya
Email: legal@visitkenya.digital
Website: https://visitkenya.digital
Address: Suite 1025, Bruce House, Standard street, Nairobi, Kenya
These Terms of Service are effective as of the date last updated above and govern your use of the Visit Kenya Platform.