TERMS AND CONDITIONS

The following terms and conditions are valid as of 1st February 2022 and supersede all previous terms and conditions: 

 

1. Preamble and Scope

 

  • Viutravel is an online platform that provides a wide range of services and solutions including online booking, reservations and payments. Through the platform, travellers can easily find and book stays, flights, transfers, tours, safaris, cars, and experiences with the option of booking one service, combining services, or building an entire trip based on their individual preferences.
  • The platform and all the intellectual property therein are owned and operated by Viutravel Investments Limited, a private company limited by shares and hereinafter referred to as ‘Viutravel’ or ‘we’ or ‘us’.
  • The End-User Customer (hereinafter defined) gets to use the service upon being onboarded following the following onboarding procedure. The supplier onboarding procedure follows five steps, not in a specific order, including contract signature, verification of supplier details, approval of submitted documentation, registration on the online platform and going live. 
  • Once onboarded, the End-user customers will be provided with secure login credentials through the contact email provided and granted access to the Service Provider’s services by logging into the website www.viutravel.com, choosing the services that one requires, making payment for the services and accessing the supplier’s services.
  • End-user customers can make bookings via M-Pesa or through credit cards and bank transfers, where available. Another payment option is Lipa Polepole where a customer makes partial payments for their travel.

 

2. Terms Binding

 

  • These terms and conditions constitute a binding agreement between you, the End-User Customer and Viutravel and regulate your use of all the services offered to you by Viutravel (the “Service”). 
  • These terms and conditions, as may be amended from time to time, apply to all our services offered on the Viutravel platform. By accessing, browsing, and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a booking, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below (including the Privacy Policy hereinafter referred to).
  • We reserve the right to modify and update these terms and conditions from time to time, in order to improve on the terms and conditions, to address any changes in law, and incorporate any changes in the Service.

  • We will post updated terms and conditions on our website. Although we will endeavour to notify you of any changes and updates in the terms and conditions, it is your responsibility to review the terms and conditions from time to time, and we will not be liable to you in any way should you fail to review the terms and conditions.

  • If you find that the changes in the terms and conditions are unacceptable to you, you will be expected to terminate this agreement immediately and to stop any further participation in Viutravel.

  • Your continued activity in Viutravel following our posting of a change notice or new terms and conditions on our website will constitute binding acceptance of that change.

  • By continuing to use the Service following changes to the terms and conditions, you agree to be bound by the amended terms and conditions.

  • These terms and conditions, including any policies, rules, guidelines, and appendices referred to or incorporated in the terms and conditions, are the final agreement between you and Viutravel, and they supersede all previous agreements between you and us if there were any.

 

3. Supplemental Terms Incorporated

 

  • These General Terms and Conditions are supplemented by, and are deemed to include, the following supplemental terms, policies and rules:
    • Privacy Policy;
    • Any other terms, conditions or rules relating to any offers, promotions, or cash rewards that may be communicated to you or advertised by us from time to time.
  • By using the Service, you agree to be bound by these terms and conditions and the supplemental terms policies and rules.

  • Where there is any inconsistency between any provision in these General Terms and Conditions and a provision in the supplemental terms, policies or rules, the provision in these Terms and Conditions shall prevail.

 

4. Definitions

 

In these Terms and Conditions:

  • The terms ‘Viutravel’ or ‘we’ or ‘us’ are used to refer to Viutravel Investments Limited which is duly registered under the laws of the Republic of Kenya. ‘You’, ‘yourself’, ‘user’, or ‘customer’ are terms that are used to refer to you, being the person accessing the Service and agreeing to be bound by these terms and conditions.
  • The term "Trip" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Provider.
  • The term "Provider" means the provider of various travel and hospitality services (e.g. hotel, motel, apartment, bed & breakfast), attractions (e.g. game parks, reserves, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, bus tours, transfers), tour operators, travel insurances, and any other travel or related product or service as from time to time available for booking on the Platform (whether B2B or B2C).
  • The term "Service" means the online purchase, order, (facilitated) payment, or reservation service as offered or enabled by Viutravel in respect to various products and services as from time to time made available by Providers on the Platform.
  • The term “Accommodation” means accommodations provided by a Provider including hotels, motels, apartments, bed & breakfast, homestays, etc.

 

5. Customer Account

 

  • You must register a Viutravel account with us in order to use the Service.
  • You register an account with us by registering online through our website www.viutravel.com. Upon receiving your request for registration, we shall send to you a confirmation message which will indicate your account details to you.
  • By creating an account with us, you warrant that you are competent to enter into a legally binding agreement with us, and that you understand and remain bound by these terms and conditions.
  • You are solely responsible for any action taken through your account. Should you lose, misplace, give away or share your account number, username, password or any other details enabling access to your account with any person, we will not be held liable for any claim arising from access or use of your account.
  • You will indemnify us and keep us fully indemnified against any claims of any nature arising from access to and use of your account.
  • You are solely responsible for updating your account details and keeping them updated. You are also solely responsible for the accuracy of your personal details as contained in your account. You are free to contact us for any assistance in updating your registration details.
  • If your account is not accessed for 24 months, it will be deemed to be dormant. Your account may be closed if it becomes dormant.
  • You can request to have your account closed at any time. A form may be provided to you on request for this purpose, and you will be required to complete it and send it to us. You can also request to have your closed account reopened, and in such a case your new account will be subject to the terms and conditions that are in force at the time.
  • You will inform us as soon as you become aware of any errors with respect to your account and you will forfeit any amounts shown to be in your account that result from human error or technical fault.
  • We reserve the right to close or suspend your Viutravel account at any time and for any reason. Without limiting the generality of the preceding sentence, we will be entitled to close or suspend your account if:
    • you become bankrupt;
    • we consider that you have used the Service in a fraudulent manner or for illegal or unlawful or improper purposes;
    • we consider that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of Viutravel or any of its customers or if your account is being used for the benefit of a third party;
    • we are requested to do so by the police, any regulatory authority or court;
    • we consider that any of the events referred to in (a) to (c) above may have occurred or are likely to occur; or
    • your account is deemed to be dormant.

 

6. Data Protection

 

  • You hereby give express, unequivocal, free, specific, and informed consent to the collection and processing of your personal information, for the purposes disclosed in the Privacy Policy.
  • Your consent above shall further constitute consent to our affiliates, strategic partners, agents, authorized service providers, consultants, advisers and relevant third parties (“Authorized Third Parties”) to collect, use and disclose your Personal Data for the purposes reasonably required by us and the Authorized Representatives to perform our contractual obligations hereunder/or to provide the services hereunder.

  • You further acknowledge that:

    • The processing of Personal Data obtained from you by Viutravel and the Authorized Third Parties is necessary for the purposes of the legitimate interests pursued by the Viutravel or the Authorized Representatives, and that such interests are not overridden by your interests or fundamental rights and freedoms.
    • The processing of Personal Data obtained from you by Viutravel and the Authorized Third Parties is also necessary for the performance of this Agreement between you and Viutravel.
    • Your consent to the collection and processing of personal information above shall constitute express consent to the use of personal data for commercial purposes in terms of the provisions of section 37 (1) of the Data Protection Act, 2019.
  • You hereby certify that all the information provided by you is true and correct to the best of your knowledge and that any misrepresentations or falsity therein may be considered as an act to defraud Viutravel and its partners.
  • As data processors, we collect and process your personal information in connection with our engagement with you. We are committed to data protection compliance in line with this clause and our full Privacy Policy which provides detailed information about how we process your personal information. A copy of our Privacy Policy is available online at www.viutravel.com/help/privacy. The personal information we process in connection with our engagement will include details such as your name, gender, contact information such as email address and telephone number and may also include personal sensitive data as defined under the Data Protection Act, 2019.

  • Pursuant to Section 26 of the Data Protection Act, No. 24 of 2019, please note that you have a right to be informed of the use to which your personal data is to be put, to access your personal data in our custody, to correction of false or misleading data, to the deletion of false or misleading data about you and to object to the processing of all or part of your personal data, provided that Viutravel may terminate the Agreement contained in these Terms and Conditions (including barring you from participating in the Service and on the Platform if any objection or withdrawal of consent, in the opinion of Viutravel is warranted and justifiable.

  • Your Personal information collected by Viutravel may be stored and processed in any other country in which Viutravel’s servers are hosted for the time being. Accordingly, by using the Service, you consent to any such transfer of information outside of your country provided that Viutravel may keep you notified of the transfer once it is done.

 

7. Payment Via Credit Cards and Bank Transfers

 

  • If applicable and available, certain Providers offer the opportunity for bookings to be paid (wholly or partly and as required under the payment policy of the Provider) to the Provider during the booking process, by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Viutravel facilitates (through third-party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Provider (Viutravel never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third-party payment processor. Any payment facilitated by us for and on behalf of and transferred to the Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
  • For certain (non-refundable) rates or special offers, note that Providers may require that payment be made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the booking. Check the (booking) details of your product or service of choice thoroughly for any such conditions prior to making your booking. You will not hold Viutravel liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Provider and not (re)claim any amount for any valid or authorized charge by the Provider (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card.

  • In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In the event that your credit card company or bank charges the deductible from you due to unauthorized transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of KES 5,000 (or the equivalent in your local currency). In order to indemnify you, please report fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Viutravel’s secure server and the unauthorized use of your credit card resulting from our default or negligence and through no fault of your own while using the secure server.

  • We are entitled to deduct from you any charges that we incur in connection with making any payment to you. If any customer owes any money to Viutravel for any reason, we have the right to take that into account before making any payments to that customer.

  • If you deposit funds into your e-wallet while outside of Kenya, you will be entitled to a refund of the deposit. However, the refund will only be collectible in Kenya. The deposit will not attract any interest whatsoever. If we incur any chargebacks, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred. We are also entitled to deduct from you any charges that we incur in connection with making the refund to you. It is your sole responsibility to promptly inform us if and when you are in Kenya in order to enable us to process your refund. We will endeavour to pay the refund within forty-five (45) working days of your confirmation to us that you are in Kenya. In the event of any delay whatsoever, we will not be liable to pay any interest to you.