1. Welcome
These Terms of Service (“Terms”) govern your use of the website www.pamojastays.co.ke (the “Platform”), operated by Pamoja Stays (“we,” “us,” “our”). By accessing or using the Platform — whether as a Host listing a property or a Guest browsing/booking a stay- you agree to be bound by these Terms. If you do not agree, please do not use the Platform.
2. Who We Are and What We Do
Pamoja Stays is an online directory that connects Hosts (individuals offering accommodation) with Guests (individuals seeking accommodation), particularly around major events in Kenya such as AFCON 2027, as well as other occasions including but not limited to university graduations, weddings, conferences, and general travel.
Pamoja Stays is a listing and communication platform only. We do not own, manage, control, or inspect any property listed on the Platform. We are not a party to any agreement, booking, or payment made between a Host and a Guest.
3. Eligibility
You must be at least 18 years old to create an account, list a property, or book a stay through the Platform. By using the Platform, you confirm that you meet this requirement and have the legal capacity to enter into these Terms.
4. Accounts and Registration
- You must provide accurate, current, and complete information when creating an account.
- You are responsible for maintaining the confidentiality of your account login details and for all activity that occurs under your account.
- You agree to notify us promptly at info@pamojastays.co.ke if you suspect unauthorized use of your account.
5. Host Obligations
If you list a property on Pamoja Stays as a Host, you agree that:
- You have the legal right to offer the property for accommodation (as owner, tenant with permission to sublet, or authorized manager).
- All information in your listing, including photos, description, location, availability, and price, is accurate and not misleading.
- You will respond to Guest inquiries in good faith and honor confirmed bookings.
- You will maintain the property in a safe, habitable, and reasonably clean condition.
- You consent to submitting identification (national ID or passport) for verification purposes, as described in our Privacy Policy. Listings may be removed if verification cannot be completed or is found to be fraudulent.
- You will not use the Platform to list a property that does not exist, that you do not have rights to offer, or that misrepresents its condition, location, or availability.
6. Guest Obligations
If you use Pamoja Stays as a Guest, you agree that:
- You will provide accurate information when contacting Hosts or requesting a booking.
- You are responsible for independently verifying a listing and Host before making any payment or travel arrangements.
- You will treat the Host’s property with respect and abide by any reasonable house rules communicated by the Host.
- You will not use the Platform for any fraudulent, harassing, or unlawful purpose.
7. Bookings and Payments (Off-Platform)
Pamoja Stays does not process, hold, or handle any payments. All booking confirmations, pricing agreements, deposits, and payments (including via M-Pesa or any other method) are arranged and completed directly and exclusively between the Host and the Guest, entirely outside of the Platform.
We are not responsible for:
- The accuracy of prices communicated between Host and Guest;
- Any failure by either party to honor a booking;
- Any loss, fraud, or dispute arising from a payment made off-platform;
- Refunds, cancellations, or damages related to a booking.
We strongly encourage both Hosts and Guests to confirm all details in writing before any payment is made, and to exercise the same caution they would when arranging accommodation with anyone they have not met before.
8. Cancellations and Refunds
Because bookings and payments occur directly between Host and Guest, any cancellation policy, refund terms, or dispute regarding a stay is solely a matter between those two parties. Pamoja Stays does not mediate, guarantee, or enforce cancellation or refund outcomes, though we may, at our discretion, assist in facilitating communication between the parties.
9. Reviews
Guests may leave reviews of their stay. Reviews must be honest, based on an actual experience, and must not contain defamatory, abusive, or unlawful content. We reserve the right to remove any review that violates these Terms.
10. Prohibited Conduct
You agree not to:
- Submit false, fraudulent, or misleading information (including fake listings, fake identification, or impersonation);
- Use the Platform to harass, threaten, or discriminate against any other user;
- Attempt to circumvent our verification processes;
- Scrape, copy, or misuse data from the Platform for unauthorized purposes;
- Use the Platform for any purpose that violates Kenyan law.
We reserve the right to suspend or terminate any account, and remove any listing, that we reasonably believe violates these Terms.
11. Content Ownership and License
Hosts retain ownership of the photos, descriptions, and other content they submit for their listings. By submitting content, Hosts grant Pamoja Stays a non-exclusive, royalty-free license to display, reproduce, and promote that content on the Platform and in related marketing (e.g., social media promotion of listings), for as long as the listing remains active.
12. Third-Party Links and Tools
The Platform may include links or tools from third parties (such as mapping services). We do not control and are not responsible for the content, accuracy, or practices of any third-party service. Use of such tools is at your own risk and subject to that third party’s own terms.
13. Disclaimer of Warranties
The Platform is provided “as is” and “as available.” We do not guarantee that listings are accurate, that Hosts or Guests will honor their commitments, or that the Platform will be uninterrupted, secure, or error-free. To the fullest extent permitted by law, we disclaim all warranties, express or implied.
14. Limitation of Liability
To the fullest extent permitted under Kenyan law, Pamoja Stays and its founders/operators shall not be liable for any indirect, incidental, special, or consequential damages arising from:
- Any interaction, agreement, payment, or dispute between a Host and a Guest;
- The condition, safety, or legality of any listed property;
- Any loss of money, property, or personal injury arising from use of the Platform or a booking arranged through it.
Our total liability to any user for any claim arising from use of the Platform shall not exceed KSh 5,000, where liability cannot be excluded entirely under applicable law.
15. Indemnification
You agree to indemnify and hold harmless Pamoja Stays, its founders, and operators from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or any dispute between you and another user.
16. Data Protection
Our collection and use of your personal information is governed by our Privacy & Cookie Policy, which is incorporated into these Terms by reference. We process personal data in accordance with Kenya’s Data Protection Act, 2019.
17. Termination
We may suspend or terminate your access to the Platform at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in conduct harmful to other users or the Platform.
18. Changes to These Terms
We may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms. We will update the “Last updated” date above whenever changes are made.
19. Governing Law and Disputes
These Terms are governed by the laws of the Republic of Kenya. Any dispute arising from these Terms or use of the Platform shall first be attempted to be resolved through good-faith negotiation, and if unresolved, shall be subject to the exclusive jurisdiction of the courts of Kenya.
20. Contact Us
If you have questions about these Terms, please contact us at:
Email: info@pamojastays.co.ke Phone/WhatsApp: +254 729 352 930