AfriSawari Terms of Service

1. Definitions

• Guest means a person who books or seeks to book a stay, experience, transfer, rental, restaurant reservation, group trip or travel package through the Platform.
• Partner means an independent person or business that lists and provides a travel service through the Platform.
• Listing means a travel service offered by a Partner through the Platform.
• Booking means a confirmed reservation made through the Platform.
• AfriSawari, we, us or our means MUGUET MARKET PLACE LTD, company number PVT-9L19M3OA.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to create an account, make a Booking or register as a Partner. You must provide accurate, current and complete information and keep it up to date.

3. Accounts

You are responsible for safeguarding your account credentials and for activity under your account. Notify us promptly at support@afrisawari.com if you suspect unauthorised access. AfriSawari may restrict, suspend or close an account that contains false information, breaches these Terms, creates a safety or fraud risk, or must be restricted to comply with law.

4. AfriSawari’s Role

AfriSawari operates a marketplace connecting Guests with independent Partners. Unless a Listing expressly states otherwise, AfriSawari does not own, manage or provide the accommodation, activity, vehicle, transfer, meal or trip. The Partner is responsible for the Listing and the booked service. The service contract is between the Guest and the Partner. AfriSawari may facilitate communications, collect payments as a limited payment-collection agent and administer approved refunds or payouts.

5. Partner Obligations

• Provide accurate and current Listing information, including price, availability, location, photographs, inclusions, exclusions and restrictions.
• Hold all licences, permits, registrations and insurance required where the service is offered.
• Complete AfriSawari identity and business verification before publication or payment activation, and update expired or changed records.
• Honour confirmed Bookings on the terms shown when the Guest booked.
• Comply with applicable consumer, health and safety, tax, accessibility, data-protection and sector-specific laws.
• Respond promptly to safety incidents, complaints, cancellations, chargebacks and lawful information requests.

6. Guest Obligations

• Provide accurate booking and traveller information.
• Review and follow the Listing’s rules, eligibility requirements, check-in instructions and safety restrictions.
• Treat Partners, staff, property and other travellers respectfully and lawfully.
• Pay the disclosed Listing price, taxes and fees due for the Booking.

7. Payments and Partner Payouts

When online payments are enabled, payments are processed by approved payment-service providers identified at checkout. Their terms may also apply. AfriSawari may charge a service fee or commission that is disclosed before payment or in the Partner agreement.

Unless AfriSawari expressly identifies a regulated escrow product, payment processing, settlement delay or a provider wallet must not be understood as escrow. Partner payouts may be released after the applicable check-in, service commencement, completion, cancellation or dispute window, less disclosed commission, taxes, refunds, reversals and payment charges. Available methods, currencies and processing times depend on the approved provider and destination country.

8. Cancellations and Refunds

Each Listing displays the cancellation terms applicable to that Booking. Guests should review them before payment. Mandatory consumer rights and remedies continue to apply.

AfriSawari may facilitate a full or partial refund for Partner non-performance, a verified safety issue, duplicate or unauthorised payment, or another approved reason. Once approved, a refund will be initiated promptly, but the time taken to appear depends on the payment provider and receiving institution. Processing or currency-conversion charges are refundable only where required by law or expressly stated at checkout.

9. Reviews and User Content

You retain ownership of reviews, photographs and other content you submit. You grant AfriSawari a worldwide, non-exclusive, royalty-free licence to host, reproduce, display and distribute that content to operate and promote the Platform. Content must be genuine, lawful and must not be false, defamatory, discriminatory, infringing or misleading. AfriSawari may moderate or remove content that breaches these Terms.

Partners must submit accurate photographs that they own or are authorised to use. Photographs must not conceal damage, invent amenities, exaggerate room size or otherwise misrepresent what a Guest will receive. Further requirements appear in the Listing Photo Standards and Accuracy Policy.

Read the Listing Photo Standards and Accuracy Policy.

10. Prohibited Conduct

• Offering a service without lawful authority or required licences.
• Circumventing the Platform to avoid disclosed fees for a Booking initiated through AfriSawari.
• Submitting fraudulent, altered or misleading identity, business, licensing or payment information.
• Harassing, discriminating against, threatening or endangering another person.
• Using the Platform unlawfully, introducing malicious code, scraping without permission, or interfering with security or operation.

11. Intellectual Property

The Platform’s software, design, text, graphics, logos and other proprietary materials, excluding User Content and Partner-supplied Listing content, belong to AfriSawari or its licensors. You may not copy, modify, distribute, reverse engineer or create derivative works except as permitted by law or with prior written permission.

12. Disclaimers

The Platform is provided on an as-available basis. AfriSawari does not guarantee that every Listing is error-free or that every service will meet a user’s personal expectations. AfriSawari does not exclude any warranty, guarantee, duty or remedy that cannot lawfully be excluded, including mandatory consumer protections.

13. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, wilful misconduct or gross negligence, death or personal injury caused by negligence where applicable, or a user’s mandatory consumer rights.

Subject to that rule, AfriSawari is not liable for indirect, incidental, special or consequential loss, loss of profit, loss of opportunity or loss of data that was not reasonably foreseeable. AfriSawari’s total liability to a Guest arising from an affected Booking will not exceed the total amount paid by the Guest for that Booking. AfriSawari’s total liability to a Partner for claims not tied to a particular Booking will not exceed the commission retained by AfriSawari from that Partner during the 12 months before the event giving rise to the claim. These limits do not reduce a Partner’s direct responsibility for the service it provides.

14. Indemnity for Business Partners

To the extent permitted by law, a Partner will indemnify AfriSawari against third-party claims, penalties, losses and reasonable professional costs resulting from the Partner’s unlawful service, inaccurate Listing, breach of these Terms, infringement of another person’s rights, or failure to hold required licences or insurance. This clause does not apply to a consumer merely because the consumer made a Booking.

15. Suspension and Termination

AfriSawari may restrict, suspend or close an account for a material breach, suspected fraud, safety risk, sanctions concern, legal requirement or repeated failure to meet service standards. Where appropriate, AfriSawari will give notice and an opportunity to respond. You may request account closure at support@afrisawari.com. Records may be retained as described in the Privacy Policy and where required for bookings, disputes, fraud prevention, tax or law enforcement.

16. Complaints and Dispute Resolution

Please first send a written complaint to support@afrisawari.com, including the Booking reference, relevant facts and requested outcome. AfriSawari will acknowledge and assess the complaint, and the parties will try in good faith to resolve it within 30 days.

If a consumer dispute remains unresolved, the consumer may use any competent court, regulator, consumer-protection body or other remedy available under mandatory law. Any other unresolved dispute may be brought before a court with jurisdiction in Kenya. Nothing in this section prevents urgent court relief or restricts a right that cannot lawfully be waived.

17. Governing Law

These Terms are governed by the laws of Kenya. This choice does not deprive a consumer of mandatory protections that apply in the consumer’s country of residence or in the country where the booked service is supplied. The courts of Kenya have non-exclusive jurisdiction, subject to any mandatory local forum rights.

18. Changes to These Terms

AfriSawari may update these Terms to reflect legal, security, operational or product changes. The updated version will show a revised effective date. Material changes will be notified through the Platform, by email or by another reasonable method before they take effect where required. Changes do not retroactively alter a confirmed Booking unless required by law or accepted by the affected parties.