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Terms of Service

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a booking request, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online reservations service provided on these pages and through the website (the “ke.reyaca.africa”) are owned, operated and provided by Reyaca Online. (“Reyaca Kenya”, “us”, “we” or “our”) and are provided for you subject to the terms and conditions set out below.

Scope of our Service

Through the website, we (Reyaca Kenya and our affiliate (distribution) partners) provide an online booking platform through which (tours/events/car hire/homestays) service providers ( 'service provider', ‘service providers’) can list their tours, events, rental cars and homestays (‘services’, ‘service’, ‘service item’ or ‘service items’) for booking, and through which visitors to the website can make such bookings. By making a booking through Reyaca Kenya, you enter into a direct relationship with the service provider at which you book. From the point at which you make your booking, we act solely as an intermediary between you and the provider, transmitting the details of your booking to the relevant service provider and sending you a confirmation email for and on behalf of the service provider.

When rendering booking on Reyaca Kenya, the information that we disclose is based on the information provided to us by the service providers. As such, the service providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service items made available.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

Due diligence

Service providers are expected to conduct their own due diligence on clients they get from the platform. As a leads generator, the platform does not guarantee nor is it responsible for the nature, intent and conduct of visitors to the platform.

Subsequently, visitors seeking to book service items on the platform are encouraged to exercise reasonable caution when engaging with service providers from the platform. Even though we endeavour to verify service providers and their services listed on the platform, we, nonetheless, cannot guarantee their reliability, nature and intentions and are therefore not responsible for their conduct.

Prices and Best Price Guarantee

The prices on our website are highly competitive unless stated differently on our website or in the confirmation email.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such.

Privacy and Cookies

Reyaca Kenya respects your privacy. Please take a look at our privacy and cookies policy for further information.

Cost

Our service is free of charge to users seeking services.

It is also free to post services for service providers. A commission is charged to service providers for confirmed bookings they receive on the website.

Credit Card

No credit card information is collected by this website.

Cancellation

By making a booking with a particular service provider, you accept and agree to the relevant cancellation and refund policy of that service provider.

Further Correspondence

By completing a booking, you agree to receive (i) an email which we may send you shortly after booking, giving you information on your booking and requesting you to confirm your booking, (ii) an email which has the confirmed details of your booking, and (iii) any correspondence between you and a service provider you have interacted with on the website. Please see our privacy and cookies policy for more information about how we may contact you.

Ranking and Guest Reviews

The default setting of the ranking of service providers on our website is “Recommended” (or any similar wording) (the “Default Ranking”). For your convenience, we also offer other ways to rank the service providers. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

Disclaimer

To the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the service items as made available on our website, (iii) the service items offered by service providers or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the service provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Reyaca Kenya is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the services listed to the relevant tax authorities.

Intellectual property rights

Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Reyaca Kenya, its suppliers or providers.

Reyaca Kenya exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to reyaca.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in our country.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

Last updated: July 2022