Terms And Conditions

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These Terms constitute a legally binding agreement between you and Agritourism Africa(AA) governing your access to and use of the website, including any sub-domains thereof, and any other websites through which Agritourism Africa makes its services available (collectively, “Site“), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “AA Services“). The Site, Application, and Agritourism Services together are hereinafter collectively referred to as the AA Our Host Guarantee TermsNon-discrimination Policy, and other Policies applicable to your use of the Agritourism Africa Platform are incorporated by reference into this Agreement.

When these Terms mention “Agritourism,” “we,” “us,” or “our,” it refers to the Agritourism company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.

 

Scope Of Agritourism Africa Services

1.1 The Agritourism Africa Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Agritourism Africa Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use (“Accommodations“), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the Agritourism Africa Platform, Agritourism does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Agritourism Africa. Hosts alone are responsible for their Listings. When Members make or accept a booking, they are entering into a contract directly with each other. Agritourism is not and does not become a party to or other participant in any contractual relationship between Members, nor is Agritourism Africa a real estate broker or insurer. Agritourism Africa is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms

While we may help facilitate the resolution of disputes, Agritourism Africa has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Agritourism Africa does not endorse any Member or Listing. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Agritourism Africa about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Agritourism Africa Listing.

To promote the Agritourism Africa Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Agritourism A cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Agritourism Africa Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

Modification Of These Terms

Agritourism Africa reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Agritourism Africa Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Agritourism Africa Platform will constitute acceptance of the revised Terms.

Content

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Agritourism Africa Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airbnb or its licensors, except for the licenses and rights expressly granted in these Terms.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Agritourism Africa Platform, you grant to Agritourism Africa a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Agritourism Africa Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy Unless you provide specific consent, Agritourism does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Agritourism Africa’s or any other Agritourism Africa’s policy. Agritourism Africa may, without prior notice, remove or disable access to any Member Content that Agritourism Africa finds to be in violation of applicable law, these Terms or Agritourism Africa’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Agritourism Africa its Members, third parties, or property.

Agritourism Africa respects copyright law and expects its Members to do the same.

Service Fees

Agritourism Africa may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the Agritourism Africa Platform.

Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Agritourism Africa reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

Terms Applicable to All Listings

When creating a Listing through the Agritourism Africa Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Agritourism Africa. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. Agritourism Africa reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made.

Listing Accommodations

You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.

Booking Accommodations

You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Agritourism Africa (via Agritourism Africa Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Agritourism Africa Platform. In connection with your use of the Agritourism Africa Platform, you will not and will not assist or enable others to:

copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Agritourism Africa Platform in any way that is inconsistent with Agritourism Africa or these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Agritourism Africa Platform in connection with the distribution of unsolicited commercial messages (“spam”);
offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Agritourism Africa Platform;
unless Agritourism Africa explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Agritourism Africa Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Platform to request, make or accept a booking independent of the Agritourism Africa Platform, to circumvent any Service Fees or for any other reason;
You acknowledge that Agritourism Africa has no obligation to monitor the access to or use of the Agritourism Africa Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Agritourism Africa Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Agritourism Africa in good faith, and to provide Agritourism Africa with such information and take such actions as may be reasonably requested by Agritourism Africa with respect to any investigation undertaken by Agritourism Africa or a representative of Agritourism Africa regarding the use or abuse of the Agritourism Africa Platform.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend , indemnify, and hold Agritourism Africa and its affiliates and subsidiaries, including but not limited to, Agritourism Africa Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Agritourism Africa Platform or any Agritourism Africa Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Agritourism Africa Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Agritourism Africa Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Agritourism Africa Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Agritourism Africa and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Agritourism Africa and you in relation to the access to and use of the Agritourism Africa Platform.

No joint venture, partnership, employment, or agency relationship exists between you and Agritourism Africa as a result of this Agreement or your use of the Agritourism Africa Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Agritourism Africa failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Agritourism Africa’s prior written consent. Agritourism Africa may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Agritourism Africa via email, Agritourism Africa Platform notification, or messaging service (including SMS and WhatsApp).