Partner Terms and Conditions

For accommodation, tour, experience and transport partners listing on Exploring Mombasa

1. Parties, acceptance and scope

These Partner Terms and Conditions (the “Terms”) are an agreement between [Exploring Mombasa], trading as Exploring Mombasa (“Exploring Mombasa”, “we”, “us” or “our”), and the person or business registering, listing or supplying a bookable service on the Platform (the “Partner”, “you” or “your”).

By creating a Partner account, accepting these Terms electronically, submitting a listing or accepting a booking, the Partner agrees to these Terms and confirms that the person accepting them has authority to bind the Partner.

These Terms apply to accommodation, tours, safaris, experiences, transport and other bookable services approved by Exploring Mombasa. Additional service-specific terms displayed in the Partner dashboard or agreed in writing form part of these Terms.

These Terms should be read together with the Exploring Mombasa Guest Booking, Cancellation and Refund Policy and Privacy Policy, which are available on the Platform.

2. Definitions

• Booking Amount. The total price payable by the guest for the booked service, including mandatory charges shown at checkout, but excluding any taxes collected solely on behalf of a government authority where the law requires separate treatment.
• Confirmed Booking. A booking for which the required payment has been successfully received or authorised and a confirmation has been issued.
• Guest. The person making or using a booking through the Platform.
• Listing. The Partner’s property, tour, experience, transport service or other approved offer displayed on the Platform.
• Partner Balance. The amount payable to the Partner after commission, refunds, deductions, chargebacks and other authorised adjustments.
• Platform. Exploring Mombasa’s website, booking pages, dashboards, communications and related services.
• Service. The accommodation, tour, experience, transport or other product supplied by the Partner.

3. Exploring Mombasa’s role

Exploring Mombasa provides a platform through which Guests can discover and book Services. Unless expressly agreed otherwise, the Partner is the supplier of the Service and is responsible for its lawful, safe and proper delivery.

Exploring Mombasa may market Listings, facilitate communications, collect or arrange Guest payments, issue booking confirmations, provide support and administer refunds or payouts under these Terms. Exploring Mombasa does not own or operate the Partner’s business and does not guarantee a minimum number or value of bookings.

After a Confirmed Booking is made, Exploring Mombasa will send or otherwise make available to the Guest a booking confirmation recording the booked Service, dates, total price, amount paid, any outstanding balance, cancellation policy and other booking terms accepted by the Guest.

4. Partner eligibility and onboarding

The Partner must provide accurate registration, ownership, contact, banking or mobile-money and tax information, and must promptly update any change.

Exploring Mombasa may request reasonable verification documents, including identification, business registration, licences, permits, insurance, property authority, bank or mobile-money evidence and safety documentation. We may decline, pause or end onboarding if verification is incomplete or unsatisfactory.

5. Listing standards and content

The Partner is responsible for ensuring that every Listing is accurate, current, clear and not misleading. The Partner must disclose all material information a Guest would reasonably need before booking.

• the correct location, service description and operating status;
• current photographs that fairly represent the Service;
• prices, taxes, mandatory fees, deposits and outstanding balances;
• availability, capacity, room or vehicle type and guest limits;
• inclusions, exclusions, accessibility information and material restrictions;
• check-in, meeting, pick-up and service times;
• payment, cancellation, no-show and amendment terms; and
• licence, permit, age, health or safety requirements where relevant.

Exploring Mombasa may edit formatting, spelling, categorisation or presentation without changing the material commercial meaning, and may request corrections before or after publication.

6. Rates, availability and taxes

The Partner controls its rates and availability and must honour the price and Service confirmed to the Guest. Rates submitted to Exploring Mombasa must include or clearly identify every mandatory amount payable by the Guest.

The Partner must keep availability current and use any supported calendar-sync or inventory tools responsibly. The Partner bears responsibility for overbooking caused by inaccurate or delayed updates.

The Partner is responsible for determining, collecting, reporting and paying taxes, levies, tourism charges and statutory fees applicable to the Partner or Service, except where Exploring Mombasa is legally required to collect or remit a specified amount.

7. Commission

The standard Exploring Mombasa commission is 10% of the Confirmed Booking Amount for accommodation, tours, experiences and transport.

• No joining or listing fee. There is no standard fee to create a Partner account or publish an approved Listing.
• Ordinary payment processing. The standard 10% commission includes ordinary payment collection costs charged by Exploring Mombasa. Any tax that the law requires to be charged on our commission may be shown separately.
• Cancellations and no-shows. Where an amount is retained as a valid cancellation or no-show charge, commission is calculated on the amount retained, not the original Booking Amount.
• Full refunds. No commission applies where the Guest receives a full refund because of a permitted free cancellation, Partner cancellation or failure to provide the Service.
• Partner waiver. If the Partner waives a cancellation charge before payout, no commission applies to the waived amount.

8. Guest payment collection

Where checkout requires payment through Exploring Mombasa, the Partner authorises Exploring Mombasa and its payment providers to collect the required deposit or full amount from the Guest and to deduct commission and other authorised adjustments.

The Partner must not request a duplicate payment from a Guest. If a Partner receives money that should have been collected through Exploring Mombasa, the Partner must promptly report it so that the booking record can be corrected.

9. Accommodation deposits and outstanding balances

An accommodation Partner may configure an approved room or rate to require a deposit or full payment at booking, subject to the payment options supported by the Platform.

• Deposit amount. The deposit must be sufficient to cover the 10% commission and the cancellation charge that may become payable before arrival.
• Flexible accommodation. Where the standard late-cancellation charge is 50%, the deposit should be at least 50% of the Booking Amount.
• Non-refundable accommodation. A non-refundable rate normally requires full payment at booking.
• Outstanding balance. Where only a deposit is collected through Exploring Mombasa, the Partner may collect the remaining balance directly from the Guest in accordance with the payment terms shown during booking.

The Partner is responsible for providing a receipt for any amount collected directly and for handling any refund of that directly collected amount.

10. Payouts

Exploring Mombasa will calculate the Partner Balance and initiate payout using the agreed M-Pesa, bank-transfer or other available method.

For accommodation bookings, payout is ordinarily initiated after the booking becomes non-refundable and before the scheduled Guest arrival. The expected payout timing may be shown in the booking record or dashboard.

Payout may be delayed where a booking is made at short notice, payment has not cleared, Guest or Partner verification is incomplete, a refund or dispute is pending, fraud is suspected, bank or mobile-money information is incorrect, or withholding is reasonably necessary under these Terms or law.

The Partner must verify payout details. Exploring Mombasa is not responsible for delay or loss caused by incorrect details supplied by the Partner, although we will reasonably assist in tracing a failed payment.

11. Guest cancellations and refunds

The Partner authorises Exploring Mombasa to apply the cancellation policy accepted by the Guest and to administer refunds from funds collected through the Platform.

For standard flexible accommodation bookings, unless a more guest-friendly policy is displayed:

The standard free-cancellation deadline is seven days before scheduled check-in. Non-refundable bookings are fully chargeable after any grace period displayed at checkout.

Exploring Mombasa deducts the 10% commission from the amount validly retained and pays the remaining retained balance to the Partner. A Partner may authorise a full or partial waiver before payout.

12. No-shows

The Partner must report a no-show through the available Platform process or to support within 24 hours after the scheduled check-in or service start time. The Partner should retain reasonable evidence, including communication attempts and attendance or reception records.

Failure to report within the required period may result in the booking being treated as completed, cancelled without charge or held for manual review, depending on the available evidence.

13. Partner cancellations, overbooking and relocation

The Partner must honour every Confirmed Booking. The Partner may cancel only where performance is genuinely impossible or unsafe, or where Exploring Mombasa approves the cancellation.

If the Partner cancels, overbooks or cannot provide the confirmed Service:

• the Guest is entitled to a full refund of the amount collected through Exploring Mombasa;
• the Partner receives no payout and no commission is charged to the Guest;
• the Partner must return any amount already paid for the affected booking;
• Exploring Mombasa may deduct the refund or related reasonable cost from current or future Partner Balances; and
• repeated or serious incidents may lead to reduced visibility, suspension or termination.

If an accommodation Partner proposes relocation, it must be approved by Exploring Mombasa and accepted by the Guest. The alternative should be of equal or better standard, in a reasonably comparable location and at no additional cost to the Guest unless the Guest expressly agrees.

14. Service quality and Guest support

The Partner must provide the Service professionally, safely and substantially as described. The Partner must maintain a working contact channel and respond promptly to pre-arrival and in-service Guest messages.

The Partner should first attempt to resolve a Guest concern at the point of service where safe and practical. Exploring Mombasa may request information, photographs, records or a proposed remedy and may issue a full or partial refund where the evidence shows material non-performance or a serious listing discrepancy.

15. Off-platform booking and commission avoidance

The Partner must not use Guest details obtained through Exploring Mombasa to move, replace or recreate the same booking outside the Platform for the purpose of avoiding commission or payment controls.

If a Guest first contacts the Partner through the Platform in relation to specific dates or a specific Service, commission remains payable if the Partner completes substantially the same booking outside the Platform within 30 days, unless Exploring Mombasa agrees otherwise in writing.

This clause does not prevent the Partner from accepting unrelated future direct bookings that were not generated through the Platform.

16. Fraud, chargebacks and payment reversals

Exploring Mombasa may verify bookings and payments, request information, delay payout or cancel a booking where fraud, unauthorised payment or misuse is reasonably suspected.

If a payment is charged back, reversed or refunded after the Partner has been paid, Exploring Mombasa may recover the affected amount from the Partner where the dispute relates to Partner cancellation, non-performance, a misleading Listing, duplicate collection, failure to provide evidence or another matter within the Partner’s control.

Where a chargeback arises solely from payment fraud that the Partner did not cause or facilitate and the Partner properly delivered the Service, Exploring Mombasa will review responsibility based on the payment-provider outcome and available evidence.

17. Set-off, reserves and recovery

The Partner authorises Exploring Mombasa to deduct from a Partner Balance any commission, refund, chargeback, duplicate payment, overpayment, tax withholding, correction or other amount properly due under these Terms.

Where there is a reasonable risk of refunds, disputes, fraud, overbooking or unpaid amounts, Exploring Mombasa may hold a reasonable reserve or delay payout for the time needed to resolve the risk. We will explain the reason where legally and operationally possible.

18. Records and reconciliation

Booking, payment, cancellation and payout records in the Platform will be used for reconciliation unless the Partner provides credible evidence of an error. The Partner must review statements and report a disputed calculation within 30 days after it appears in the dashboard or statement.

The Partner must retain its own legally required booking, receipt, tax and service records.

19. Intellectual property and permission to use content

The Partner retains ownership of photographs, logos, descriptions and other content it supplies. The Partner grants Exploring Mombasa a non-exclusive, worldwide, royalty-free licence during the partnership to host, reproduce, resize, edit for formatting, translate, distribute and promote that content for the purpose of operating and marketing the Platform and Listing.

The Partner confirms that it owns the content or has permission to provide it, and that its use by Exploring Mombasa will not infringe another person’s rights. The Partner must promptly remove or replace content if permission ends.

20. Reviews and public information

Exploring Mombasa may invite Guests to submit reviews and may display, moderate or remove reviews under its review standards. The Partner must not offer an undisclosed incentive for a positive review or threaten a Guest over a review.

The Partner may respond professionally to a review but must not disclose private Guest information.

21. Data protection and confidentiality

Each party must comply with applicable Kenyan data-protection law when processing personal data. Guest data may be used only as necessary to manage and deliver the booking, provide support, prevent fraud, comply with law and resolve disputes.

• The Partner must keep Guest information secure and limit access to staff who need it.
• The Partner must not use Guest contact information for unrelated marketing without a lawful basis and any required consent.
• The Partner must promptly notify Exploring Mombasa of a suspected personal-data breach affecting Platform data.
• Each party must retain personal data only as long as reasonably necessary or legally required.

Commercial, security and non-public booking information received from the other party must be kept confidential, except where disclosure is required to perform a booking, obtain professional advice or comply with law.

22. Licences, insurance, safety and legal compliance

The Partner is solely responsible for maintaining every licence, permit, approval, insurance policy, inspection, vehicle document, guide qualification, food-safety requirement and other legal or professional requirement applicable to the Partner and Service.

The Partner must immediately inform Exploring Mombasa of a closure, suspension, serious safety incident, loss of licence or other matter that materially affects the Partner’s ability to accept or fulfil bookings.

23. Prohibited conduct

• providing false, misleading or unlawfully discriminatory information;
• charging an undisclosed mandatory fee;
• requesting or storing raw card details outside an approved payment process;
• harassing, threatening or exploiting a Guest or another Partner;
• manipulating availability, reviews, prices or booking records;
• using the Platform for an illegal, unsafe or unlicensed service; or
• interfering with the security or proper operation of the Platform.

24. Suspension and termination

Either party may end the partnership on written notice, subject to completion of existing Confirmed Bookings and payment of outstanding amounts.

Exploring Mombasa may immediately pause a Listing, withhold new bookings or terminate access where reasonably necessary for Guest safety, suspected fraud, legal compliance, repeated cancellations, serious complaints, inaccurate information, payment default, commission avoidance or material breach of these Terms.

Termination does not affect rights, payment obligations, refunds, confidentiality, data-protection duties or disputes arising before termination.

25. Partner warranties

The Partner warrants that it has authority to enter into these Terms; that the Listing and Service comply with law; that information supplied is accurate; that it has rights to all content provided; and that it will honour Confirmed Bookings and accepted cancellation terms.

26. Liability

Each party is responsible for loss directly caused by its breach, negligence, fraud or wilful misconduct, subject to applicable law.

Exploring Mombasa does not guarantee uninterrupted access, a minimum booking volume or that every Guest will complete a stay or service. To the maximum extent permitted by law, Exploring Mombasa is not liable for indirect, special or consequential loss, loss of profit unrelated to a specific Confirmed Booking, or acts of a Guest or Partner outside Exploring Mombasa’s reasonable control.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud or a statutory consumer remedy.

27. Indemnity

The Partner will reimburse Exploring Mombasa for reasonable losses, refunds, claims, penalties and professional costs arising from the Partner’s unlawful or unsafe Service, material breach of these Terms, infringement of third-party rights, misleading Listing, tax default, Partner cancellation, overbooking or misuse of Guest data, except to the extent the loss was caused by Exploring Mombasa.

28. Events outside reasonable control

A party is not liable for delay or failure caused by an event outside its reasonable control, provided that it promptly informs the other party, takes reasonable steps to reduce the impact and resumes performance when possible.

This clause does not remove the Guest’s right to a refund where the booked Service cannot be supplied and the law or accepted booking terms require a refund.

29. Changes to these Terms

Exploring Mombasa may update these Terms for legal, security, operational or commercial reasons. Material changes will be notified through the Partner account, email or another reasonable method before they take effect.

Changes will not retrospectively increase commission or reduce a Guest’s confirmed rights for a booking already accepted, unless required by law or expressly agreed.

30. Notices, complaints and contact

Notices and support requests should be sent to:

Email: support@exploringmombasa.com

The Partner must keep its email and telephone details current. A notice sent to the last recorded email address is treated as received when it would ordinarily be delivered, unless the sender receives a failure notice.

31. Governing law and disputes

These Terms are governed by the laws of Kenya.

The parties should first try in good faith to resolve a dispute through written discussion. If a dispute is not resolved within 30 days after written notice, either party may refer it to mediation by agreement or pursue any remedy available before a court of competent jurisdiction in Kenya.

Nothing in this clause prevents either party from seeking urgent interim relief or reporting a matter to a regulator or law-enforcement authority.

32. General terms

• Entire agreement. These Terms, the accepted booking policies and any written service-specific addendum are the entire agreement on the partnership subject matter.
• No partnership or employment. The parties are independent contracting parties. These Terms do not create employment, a franchise, joint venture or legal partnership.
• Assignment. The Partner may not transfer the account or agreement without Exploring Mombasa’s written consent. Exploring Mombasa may transfer the agreement as part of a lawful business reorganisation or sale, subject to applicable law.
• Severability. If a provision is unenforceable, it will be limited or removed to the minimum extent necessary and the remainder will continue.
• No waiver. A delay in enforcing a right does not waive that right.
• Electronic acceptance. Electronic acceptance, account records and booking confirmations may be used as evidence of agreement and transactions.