Terms of Service

1. Introduction

Welcome to BNB Kenya. These Terms of Service ("Terms", "Agreement") govern your access to and use of the BNB Kenya platform, website, and mobile application (collectively, the "Platform"), which connects hosts who wish to list their properties and experiences with guests who wish to book them.

By creating an account, browsing the Platform, or making a booking, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Data Deletion Policy. If you do not agree with any part of these Terms, you must not use the Platform.

These Terms are issued in accordance with the laws of the Republic of Kenya and the Data Protection Act, 2019 (Laws of Kenya). The Platform is operated by BNB Kenya, with its principal place of business in Westlands, Nairobi, Kenya.

2. Your Account & Eligibility

To use certain features of the Platform, including making bookings or listing a property, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during registration and keep this information up to date.
• Be at least 18 years of age and legally capable of entering into binding contracts under Kenyan law.
• Maintain the security and confidentiality of your login credentials and not share them with anyone else.
• Accept full responsibility for all activity that occurs under your account, whether authorised by you or not.
• Notify us immediately of any unauthorised use of your account or any other security breach.

We may suspend, deactivate, or permanently close your account if you breach these Terms, engage in fraudulent or unlawful activity, or provide false information during registration or verification.

3. Guest Terms

As a Guest, the following terms apply to your use of the Platform and any bookings you make:

3.1 Booking

When you make a booking, you enter into a direct contract with the Host for the rental of the property or experience. Your booking is confirmed once the Host accepts it and the applicable payment is processed. BNB Kenya facilitates the booking but is not a party to the rental agreement between you and the Host.

3.2 Guest Responsibilities

• Provide accurate guest counts, dates, and contact details at the time of booking.
• Respect the property, its contents, and the surrounding neighbourhood, and comply with any house rules set by the Host.
• Report any damage caused during your stay to the Host and BNB Kenya as soon as reasonably possible.
• Ensure that the number of guests staying does not exceed the number specified at the time of booking without the Host's prior consent.

3.3 Property Accuracy

Hosts are responsible for the accuracy of their listings, including descriptions, photos, amenities, and availability. While we encourage Hosts to provide accurate information, BNB Kenya does not independently verify every listing and is not liable for any discrepancies between a listing and the actual property.

3.4 Check-in & Access

You must check in on the agreed date and at the agreed time. If you are delayed, please contact the Host directly. Failure to check in without notice may result in the booking being treated as a no-show and may be subject to the Host's cancellation policy.

4. Host Terms

As a Host, the following terms apply to your use of the Platform and the listing of your properties or experiences:

4.1 Listing Your Property

• You must have the full legal right, authority, and permission to list and rent the property, including any required permits, licences, or approvals from relevant authorities.
• All listing information, including descriptions, photos, pricing, availability, and amenities, must be accurate, current, and not misleading.
• You are responsible for the safety, cleanliness, and legal compliance of your property at all times.
• You must not list any property that you do not have the right to rent out, including subletting without the owner's consent.

4.2 Host Obligations

• Honour all confirmed bookings and provide access to the property as described in your listing.
• Communicate clearly and promptly with Guests regarding check-in, house rules, and any changes to the booking.
• Maintain the property to a standard that matches your listing and ensure all advertised amenities are available and functional.
• Cooperate with BNB Kenya in resolving any disputes, complaints, or claims arising from your listings or bookings.

4.3 Host Conduct

You must not discriminate against Guests on the basis of race, colour, religion, gender, sexual orientation, nationality, disability, or any other protected characteristic. You must also not impose unreasonable or undisclosed rules, charge undisclosed fees, or cancel confirmed bookings without a valid, documented reason.

5. Payments & Fees

5.1 Guest Payments

When you book a property, the total amount includes the rental fee set by the Host, any applicable service fees charged by BNB Kenya, and any taxes required by law. Payments are processed securely through our payment partners, including M-Pesa and card payment gateways.

5.2 Host Payouts

Host payouts are processed after the Guest's stay has been completed, or as otherwise stated in your listing agreement. Payouts may be subject to deductions for service fees, taxes, or any amounts owed to BNB Kenya or Guests.

5.3 Fees & Taxes

We may introduce, adjust, or remove fees at any time. Any changes will be communicated in advance and will apply to bookings made after the change takes effect. You are responsible for any taxes payable on your bookings or earnings, and you must comply with all applicable tax laws in Kenya.

6. Cancellations & Refunds

Each listing displays its own cancellation policy. When you make a booking, the applicable cancellation policy forms part of the agreement between you and the Host. Depending on the policy chosen by the Host, you may be entitled to a full or partial refund if you cancel within the allowed period.

If a Host cancels a confirmed booking, we will work with you to find a suitable alternative property or process a full refund. BNB Kenya does not guarantee availability of alternative properties and is not liable for any additional costs incurred as a result of a Host cancellation.

Refunds are processed back to the original payment method and may take several business days to reflect, depending on your bank or mobile money provider.

7. Prohibited Activities

You agree not to use the Platform to engage in any of the following activities:

• Posting false, misleading, fraudulent, or unlawful content or listings.
• Impersonating any person or entity, or misrepresenting your identity or affiliation.
• Attempting to access, tamper with, or interfere with the Platform, its servers, or connected networks.
• Using the Platform for any unlawful purpose, including money laundering, fraud, or the facilitation of illegal activities.
• Harassing, threatening, or discriminating against other users.
• Scraping, mining, or reproducing any portion of the Platform without our prior written consent.
• Engaging in transactions outside the Platform to avoid applicable fees.

We reserve the right to investigate any suspected breach of these Terms and to take appropriate action, including suspending or terminating accounts and cooperating with law enforcement.

8. Limitation of Liability

To the maximum extent permitted by law:

• BNB Kenya provides the Platform on an "as is" and "as available" basis and makes no warranties regarding the availability, reliability, or suitability of the Platform or any listings.
• BNB Kenya is a marketplace facilitator and is not a party to the rental agreement between Hosts and Guests. We are not responsible for the actions, omissions, or conduct of any Host or Guest.
• To the fullest extent permitted by law, BNB Kenya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, arising out of or in connection with your use of the Platform.
• Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of the Platform shall not exceed the total amount of fees you have paid to us in the twelve (12) months preceding the claim.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Kenyan law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

9. Termination

You may close your account at any time by following the steps described in our Data Deletion Policy. We may suspend or terminate your account if:

• You breach these Terms.
• We are required to do so by applicable law or regulatory authority.
• We reasonably believe that terminating your account is necessary to protect the safety, rights, or property of other users or of BNB Kenya.
• Your account has been inactive for an extended period and we have provided you with reasonable notice.

Upon termination, you remain responsible for any obligations that accrued before termination, including any amounts due or bookings that were already confirmed.

10. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms shall first be referred to mediation, and if not resolved, shall be subject to the exclusive jurisdiction of the courts of Kenya sitting in Nairobi.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, applicable law, or business practices. When we make material changes, we will notify you by email or through the Platform before the changes take effect. The updated Terms will indicate a new "Last Updated" date.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Platform and close your account.