Copyright © 2020 by Moian
Terms of Service
Scope of Service
Welcome to the Moian website. The terms and conditions below apply to the whole website, to all its parties, its subsidiaries and to all the websites that mention these terms and conditions.
The website is owned and operated by the Moian, a duly incorporated limited liability company in Kenya.
Through our website, we (www.moian.co.ke) provide an online accommodation marketplace platform through which providers of temporary accommodation (hotels, apartments, villas, lodges, camps, homes, bed and breakfasts, known collectively as the “accommodation(s), restaurants, food bloggers, and chefs can advertise their rooms, restaurants, foods, and other food services for booking and buying. By making a booking or buying through Moian.com you enter into a legally binding agreement with the accommodation provider, restaurant, or food blogger at which you book or buy. We only act as an intermediary to facilitate the booking. In the post-payment bookings, our role is limited to the transmission of information between you and the accommodation provider, food provider, or restaurants. The information provided by us to visitors of our website is provided to accommodation providers, restaurants and food bloggers. Accommodation providers, restaurants and food bloggers are given access to a portal through which they can manage and are responsible for information about their accommodation, food recipes and foods, and restaurant bookings. As such, while we try to ensure that all information on our website is accurate at all times, we cannot guarantee accuracy and hence cannot be held responsible for any inaccurate information or non-delivery information. Nor can we be held responsible for any interruptions, breakdown, repair, upgrade or maintenance of our website. Our website is not, and should not be considered a recommendation of the quality, value, service level or rating of any services availed by the accommodation providers, restaurants or food bloggers.
Services provided are exclusive of transport or meals in case of accommodations or any other activity fees unless expressly stated in the package.
Prices on Moian.com are highly competitive and contain no hidden charges. The price shown is the total price payable for the room or foods as advertised, including VAT and all other taxes (where applicable). The accommodation provider or restaurants may offer optional facilities and activities at an additional charge.
Privacy and Cookies
Our services are charged at competitive rates. The final price displayed by service providers on our website is inclusive of our service charges already and customers will not be deducted anything more.
Credit Card or Bank Transfer
Some of the accommodation providers and restaurants may require customers to pay fully at the time of confirming your booking. However, it is compulsory to pay partially to confirm the booking for any service. Payments can be made with Credit or Debit cards through our secure third-party online payment provider. Another payment method that is supported by Moian is Mpesa. Cards that are accepted include Mastercard and Visa.
Please note that depending on the cancellation policies of the accommodation, restaurant booking, or buying other food services, refunds may not be possible in the case of cancellations or changes to your booking. Please carefully check the cancellation policies of accommodation services providers and restaurants before confirming your bookings.
We take measures to prevent and detect credit card fraud. In the event of credit card fraud, most banks or credit cards bear the risk and cover charges associated with such misuse (sometimes subject to a deductible). If you believe you have been a target of credit card fraud on themoian.com, please contact the respective authorities who we will work in conjunction within to assist you.
By making a booking with an accommodation provider or restaurants, you accept the cancellation and no-show policy of that accommodation provider and restaurants, and any other terms and conditions specific to that accommodation provider. The cancellation and no-show policy of each service provider are made available on our website before booking. We recommend that you ensure you have read the cancellation policy fully before completing your booking.
If you wish to modify or cancel a booking, please refer to the instructions laid out in your booking confirmation email, or contact our customer service by telephone, where we will be happy to help. Please note that depending on the cancellation policy of your chosen accommodation provider, restaurants, or food services, you may not be entitled to a full or partial refund.
E-ticketing: Documents required for travelling
You must ensure that you are in possession of all relevant travel documents prior to commencing with your travels. For example, you must be ready to show your passport or identity document at the check-in counter for your accommodation. The requirement to have a valid passport or identity document will apply to all members of a travelling party and for each minor travelling (including infants). In other cases, hosts will require a copy of the National Identification Card before arrival.
Ranking and Guest Reviews
The default ranking of accommodations on our website is “most popular” of “recommended”. You may choose to rank accommodations in other ways for your conveniences such as “price” or “stars”. Please note that the default ranking uses an algorithm based on multiple criteria.
After your stay, we may ask you to complete a guest review giving your feedback on your chosen accommodation. The information in this guest review becomes the property of Moian and may be used by us on the website to inform future guests of your opinion, for the marketing of our website or specific accommodations and/or for any other purpose we see fit, for example on social media platforms, newsletters or apps.
We reserve the right to adjust, refuse or remove guest reviews at our discretion. The guest review should be regarded as a survey asking for your honest opinion and does not include any offers or incentives.
Intellectual Property Rights
Unless otherwise stated, the technology and software required for our website or used by our website, and the intellectual property rights of the content, information and material on our website, are owned by Moian.com, its parent companies, suppliers or providers.
Moian retains all rights, title, and interest in and to all intellectual property rights, the look and feel (including infrastructure) of the website and service provided and it is protected in Kenya. Intellectual property rights include all guest reviews, original content, and translated content. You are not permitted to copy, scrape, integrate, utilise, combine or otherwise use the content of the website without our express, written permission. To the extent that you would otherwise own any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Moian.com. Any unlawful use will constitute a material infringement of our intellectual property rights (including copyright and database right).
Moian is constantly striving to reduce and minimize the effects of fraudulent credit card transactions. In this regard, we reserve the right to carry out random checks and the possibility of requesting a colored copy of the cardholders credit card and passport/national I.D. In such circumstances we will attempt to contact you, using the phone number and email address you provided at the time of the booking. In the event of not being able to contact you, your purchase shall be automatically cancelled. We also reserve the right to cancel your booking in case the documents you transferred to us do not pass our security check. Also, note that Moian cannot ensure the availability of the services until the purchase is duly processed. Please bear in mind that those controls are designed to protect our customers from fraudulent use of their credit cards on our website. Information received when making payments will not be shared to third parties and will immediately or soon thereafter, be deleted upon verification.
To the extent permitted by law, the provision of our services and these terms and conditions shall be governed by and construed in accordance with Kenyan law and any dispute shall exclusively be submitted to and arbitrated by the competent courts of Kenya.
Limitation of Liability
Moian, its officers, directors, servants or agents will under no circumstances be liable for any claim, loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of Moian, unless such claim is due to the gross negligence or wilful conduct of Moian and such claim is lodged in writing with Moian within 30 (thirty) days after the date on which the booking is made. Under no circumstances will Moian travel be liable for any indirect or consequential loss or damage.
Eligibility, Using the Moian Platform, Member Verification
To access and use the Moian Platform or register a Moian Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
Moian may make access to and use of the Moian Platform, or certain areas or features of the Moian Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
You must register an account ("Moian Account") to access and use certain features of the Moian Platform, such as publishing or booking a Listing. If you are registering a Moian Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a Moian Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You can disable the connection between your Moian Account and your SNS Account at any time, by accessing the "Settings" section of the Moian Platform.
You must provide accurate, current and complete information during the registration process and keep your Moian Account and public Moian Account profile page information up-to-date at all times.
You may not register more than one (1) Moian Account unless Moian authorizes you to do so. You may not assign or otherwise transfer your Moian Account to another party.
You are responsible for maintaining the confidentiality and security of your Moian Account credentials and may not disclose your credentials to any third party. You must immediately notify Moian if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Moian Account. You are liable for any and all activities conducted through your Moian Account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Moian charges service fees to both hosts – host fees and guests – guest fees. Accommodation hosts will be charged 5 percent of their listed prices while guests will be charged 10 percent. The final price displayed to the guests will include Moian’s service fees and no more deductions will take place.
Any additional applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest before publishing or booking a Listing. Moian 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 before the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to Airbnb. The applicable Service Fees (including any applicable Taxes) are collected by Moian. Moian will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Moian Payments. Except as otherwise provided on the Moian Platform, Service Fees are non-refundable
Terms specific for Hosts
When creating a Listing through the Moian Platform you must
provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability),
disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age)
provide any other pertinent information requested by Moian. 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 concerning 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. Moian reserves the right to require that Listings have a minimum number of Images of a certain format, size, and resolution.
The placement and ranking of Listings in search results on the Moian Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
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. You also agree to pay the applicable Host Fee and any applicable Taxes.
Subject to meeting any requirements (such as completing any verification processes) set by Moian and/or the Host, you can book a Listing available on the Moian Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Moian Account.
Upon receipt of a booking confirmation from Airbnb, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Moian will collect the Total Fees at the time of the booking request or upon the Host’s confirmation. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
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.
Hosts and Guests are responsible for any modifications to a booking that they make via the Moian Platform or direct Moian customer service to make ("Booking Modifications") and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and Moian will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Moian.
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Moian may allow the Guest to apply the refund to a new booking, in which case Moian will credit the amount against the Guest’s subsequent booking at the Guest’s direction.
Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual members and do not reflect the opinion of Moian.
Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Moian Platform (such as the Listing page) together with other relevant information such as the number of bookings, number of cancellations, average response time and other information.