Conditions of Use.
The website is owned and operated by African Eden
- Agreement between You and Have You Stayed there.
These terms and conditions apply in addition any other terms, conditions, notices and disclaimers contained elsewhere on www.have youstayed there.com and its associated websites (the 'Site'). Your use of the Site constitutes your agreement to all such terms, conditions, notices and disclaimers.
- Supplier goods and services
2.1) Have you stayed there operates the Site as a referral forum for short term holiday lets of less than 60 days. Have you stayed there also provides information on the Site for a number of holiday-related suppliers and provides you with the opportunity to purchase goods or services provided by those suppliers.
2.2) We are not an agent for property owners or managers that advertise properties on Have you stayed there, nor are we an agent for any third party suppliers of other goods or services that are advertised on Have you stayed there (each of which is referred to in these conditions as a 'Supplier'). We are not involved in the actual transaction between you and any Supplier, unless you used the Have you stayed there Online Payment System (see below) for that transaction. You enter into any transaction with a Supplier entirely at your own risk.
2.3) Information provided on the Site about goods and services offered by a Supplier is provided by that Supplier. We do not monitor, verify or endorse information submitted by Suppliers for posting on the Site and you should be aware that such information may be inaccurate, incomplete or out-of-date. Facilities, activities or other services that form part of your booking may be subject to change.
2.4) We do not make any representation as to the safety, quality, condition or description of any goods or services provided by Suppliers that are advertised on the Site. Any issues regarding safety, quality, condition or description should be dealt with directly with the Supplier with whom you have made the booking. Have you stayed there is unable to provide refunds in these instances.
2.5) Suppliers may impose their own terms and conditions in relation to their goods and services. You acquire goods and services from Suppliers subject to those terms and conditions, so you should check that you agree to the terms and conditions before you confirm your booking.
2.6) All bookings are subject to Supplier availability.
2.7) You agree that you will only use the reservation/enquiry forms on the Site for genuine booking enquiries or reservations.
- Exclusion of liability for Suppliers
To the extent permitted by law, neither Have you stayed there nor any other person or entity whose site or listings have been integrated into the Site, will be responsible, and we exclude all liability, for any loss or damage whatsoever (including personal injury and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) goods or services by Suppliers.
- Validation
You may be required to provide a credit card at check-in/arrival to cover incidental charges and you may also be required to provide photo ID. Suppliers may refuse accommodation where they are not reasonably satisfied as to the credentials of any guest at the time of check-in/arrival.
- Use of Have you stayed there Online Payment System
5.1) The Have you stayed there Online Payment System is provided on the Site to assist consumers to make legitimate reservations or otherwise transact business with Suppliers, and to make payments for those transactions through Have you stayed there, and for no other purposes.
5.2) You confirm that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Have you stayed there Online Payment System in accordance with these terms and conditions. You also agree that all information supplied by you in using the Site and the Have you stayed there Online Payment System will be true and accurate.
5.3) Any speculative, false or fraudulent booking is prohibited. You agree that the Have you stayed there Online Payment System will only be used to make legitimate reservations or purchases for you or another person for whom you are legally authorised to act. You acknowledge that overuse or abuse of the Have you stayed there Online Payment System may result in you being denied access to the system.
5.4) You will be issued with a username and password in order to use the Have you stayed there Online Payment System. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Have you stayed there Online Payment System by anyone using your username and password and any payments due for goods or services acquired through the system by anyone using your username and password. You should notify any breach of security of your username and password to us immediately.
5.5) The Supplier you have booked with may ask for a bond or security deposit to be paid to secure the booking. If so, this payment will take place outside of the Have you stayed there Online Payment System and you may be asked to direct transfer funds into the Supplier's bank account. Have you stayed there does not become involved in the payment or return of bonds or security deposits. Return of these amounts is based on the Supplier's terms and conditions and their inspection of the property after your stay.
- Reservations and payments
6.1) If you are using the Have you stayed there Online Payment System, the total transaction value for a booking is split into two portions: the non-refundable deposit and the remaining balance. You may pay both portions (the full amount) up-front or pay the deposit initially and subsequently pay the remaining balance. Where the stay commences in less than 4 weeks from the time of booking, the full amount must be paid up-front.
6.2) At the time of booking through the Have you stayed there Online Payment System, you must pay the deposit or full amount of the booking by credit card in Kenya shillings OR U.S dollars. You will then receive a booking confirmation and reference number for your booking. You will need to use that reference should you wish to refer to your booking at a later date.
6.3) By using the Have you stayed there Online Payment System, you agree to the automatic debit of the remaining balance from your credit card on the due date for final payment. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
6.4) If you do not pay the remaining balance by the due date and it remains overdue for more than one week, the Supplier may deem the booking to have been cancelled by you and retain the non-refundable deposit.
6.5) On receipt of funds from you, Have you stayed there will hold those funds on behalf of the Supplier until such time as they are remitted to the Supplier, refunded to you (if you are entitled to a refund) or transferred to Have you stayed there in payment of our fees and charges. No interest will be payable by Have you stayed there to you or the Supplier on amounts held by Have you stayed there.
6.6) If you are not using the Have you stayed there Online Payment System, you must make all arrangements for payment directly with the Supplier.
- Changes, cancellations and refunds
7.1) Terms and conditions for booking changes, cancellations and refunds are specific to each Supplier and/or each property that they list. These terms are set out on the payment page if you are using the Have you stayed there Online Payment System or otherwise will be provided to you by the Supplier.
7.2) If you used the Have you stayed there Online Payment System for your booking, to make changes to your booking or make a cancellation please login using your personal username and password to https://owners.stayz.com. Have you stayed there is unable to request any booking changes or cancellations on your behalf. If you did not use the Have you stayed there Online Payment System to make your booking, you must contact the Supplier to change or cancel the booking.
7.3) If you are using the Have you stayed there Online Payment System and you cancel a booking, the deposit portion of the total transaction value is non-refundable. If you have already paid the remaining balance, your right to a refund of that portion will be determined by the cancellation policy of the Supplier.
7.4) If you used the Have you stayed there Online Payment System for your booking and you are entitled to a refund under the Supplier's terms and conditions, the refund will be made through the system to the same credit card that you used to pay for the booking. In other cases, you must make arrangements for payment of any refund to which you are entitled directly with the Supplier.
7.5) If the Supplier is unable to fulfill a confirmed accommodation booking (in full or part), they must use their best endeavors to find you alternative accommodation of a similar standard. If the Supplier cannot find suitable accommodation that is acceptable to you, you should contact Have you stayed there Customer Support for further assistance.
- Security of payment
We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. However, Have you stayed there does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
